Chapter 1
State Administration

Part 1
General Provisions

49-1-101. System established.

There is established a system of public education.

Acts 1925, ch. 115, § 1; Shan. Supp., § 1487a15; mod. Code 1932, § 2306; T.C.A. (orig. ed.), § 49-101.

Cross-References. English deemed official and legal language, § 4-1-404.

Establishment of department of education, §§  4-3-101, 4-3-801.

General assembly to provide for system of free public schools, Tenn. Const. art. XI, § 12.

Schools and teachers in loco parentis, § 49-6-4203.

Volunteer public education trust fund, title 49, ch. 3, part 4.

Textbooks. Tennessee Jurisprudence, 19 Tenn. Juris., Municipal, State and County Securities, § 10; 22 Tenn. Juris., Schools, §§ 1, 4.

Law Reviews.

Education and the Court: The Supreme Court's Educational Ideology, 40 Vand. L. Rev. 939 (1987).

Federalizing Education by Waiver?, 68 Vand. L. Rev. 607  (2015).

The Demise of Equal Access and a Return to the Early-American Understanding of Student Rights, 43 U. Mem. L. Rev. 557 (2012).

NOTES TO DECISIONS

1. Effect of Statute on Prior Laws.

This section, repealing by implication only those provisions of earlier acts affecting schools which are irreconcilably inconsistent or repugnant, does not repeal that part of an act which provides for the removal of the county superintendent [now director] of schools for cause. Rhea County v. White, 163 Tenn. 388, 43 S.W.2d 375, 1931 Tenn. LEXIS 128 (1931).

2. Private Act Constitutionality.

Private Acts 1935, ch. 620, as amended by Private Acts 1935 (E.S.), ch. 82, which by population designation relates only to Hamilton County, and purports to fix minimum graduated salaries to be paid to the teachers in the schools of the county, is unconstitutional. State ex rel. Bales v. Hamilton County, 170 Tenn. 371, 95 S.W.2d 618, 1935 Tenn. LEXIS 144 (1936).

Private Acts 1949, ch. 822, which radically changed the allocation of funds from that provided by this chapter, is unconstitutional. Davidson County v. Nashville, 190 Tenn. 136, 228 S.W.2d 89, 1950 Tenn. LEXIS 430 (1950).

3. Teacher Contracts.

Employment contracts in education fall outside the reach of T.C.A. § 7-51-903, because the legislature specifically addresses issues relating to employment within the educational system, pursuant to T.C.A. § 49-1-101 et seq.Arnwine v. Union County Bd. of Educ., 120 S.W.3d 804, 2003 Tenn. LEXIS 1087 (Tenn. 2003).

49-1-102. Administration generally.

  1. The system of public education in this state shall be governed in accordance with laws enacted by the general assembly and under policies, standards, and guidelines adopted by the state board of education that are necessary for the proper operation of public education in kindergarten through grade twelve (K-12). The policies, standards and guidelines shall be formulated by the state board of education, with such assistance from the commissioner of education as the state board may request.
  2. The commissioner shall perform such duties as are assigned to the commissioner by law and is responsible for the administration, implementation, supervision and enforcement of the policies, standards and guidelines of the state board of education.
  3. 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. A local board of education; and
    2. A director of schools.
  4. 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.

Acts 1925, ch. 115, § 2; Shan. Supp., § 1487a16; Code 1932, § 2307; Acts 1974, ch. 654, § 1; 1979, ch. 20, § 1; T.C.A. (orig. ed.), § 49-102; Acts 1984 (1st Ex. Sess.), ch. 6, § 2; 1992, ch. 535, § 63.

Cross-References. Commissioner of education, § 4-3-802.

State board of education, title 49, ch. 1, part 3.

Textbooks. Tennessee Jurisprudence, 22 Tenn. Juris., Schools, §§ 4, 6.

Attorney General Opinions. Application for and administration of federal funds, OAG 97-086, 1997 Tenn. AG LEXIS 93 (5/28/97).

Municipality must offer new grade levels to all eligible children, OAG 98-090, 1998 Tenn. AG LEXIS 90 (4/15/98); OAG 98-132, 1998 Tenn. AG LEXIS 132 (7/28/98).

The General Assembly has authorized the state Board of Education to establish policies, guidelines, and minimum standards that govern Tennessee’s system of public education, and the General Assembly has required local boards of education to comply with the state Board’s policies, guidelines, and standards in managing the public school systems in their respective jurisdictions. OAG 18-34, 2018 Tenn. AG LEXIS 33 (7/30/2018).

49-1-103. Title definitions.

As used in this title, unless the context otherwise requires:

  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. “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.

Acts 1925, ch. 115, § 2; Shan. Supp., § 1487a16; Code 1932, § 2307; Acts 1974, ch. 654, § 1; 1979, ch. 20, § 1; T.C.A. (orig. ed.), § 49-102.

Law Reviews.

Symposium – Memphis in the Law: A Memphis Dilemma: A Half-Century of Public Education Reform in Memphis and Shelby County From Desegregation to Consolidation (Daniel Kiel), 41 U. Mem. L. Rev. 787 (2011).

Attorney General Opinions. City’s Use of Payments Received Through Industrial Development Corporation to Fund Workforce Training Programs. OAG 15-43, 2015 Tenn. AG LEXIS 66 (4/30/15).

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

  1. 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.

    Grade Level Average Maximum Class Size K-3 20 25 4-6 25 30 7-12 30 35 Career and Technical Education 20 25

    Click to view table.

  2. The state board of education, in consultation with the state department of education, shall establish class size standards and case load standards for instructional personnel and teachers having the primary responsibility for the development, implementation and updating of a student's individualized education plan (IEP). In addition to case load requirements, these standards shall address class size in all classrooms that include students with disabilities and students eligible for special education services.
  3. The average pupil/teacher ratios in this section shall establish the minimum number of regular classroom teaching positions in a school exclusive of the principal, assistant principal, counselor, elementary art, elementary music, elementary physical education, librarian, special education or other specialized positions.
  4. 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.
    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. No local school system shall establish split-grade classes for any purpose without the approval of the local board of education.
    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.
  5. 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.
    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. 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.
  6. 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.
    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. 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.

Acts 1984 (1st Ex. Sess.), ch. 7, § 100; 1992, ch. 535, § 37; 2001, ch. 374, § 1; 2006, ch. 579, § 1; 2007, ch. 313, § 1; 2008, ch. 993, § 1; 2010, ch. 696, §§ 1, 2; 2012, ch. 558, § 1; 2012, ch. 999, § 1; 2015, ch. 55, § 2; 2015, ch. 182, § 7; 2018, ch. 669, § 1; 2018, ch. 725, § 1; 2020, ch. 587, § 1.

Compiler's Notes. Acts 2018, ch. 669, § 2 provided that the act, which amended this section,  shall apply to the 2018-2019 school year and each school year thereafter.

Amendments. The 2020 amendment added (i).

Effective Dates. Acts 2020, ch. 587, § 2. July 1, 2020.

Attorney General Opinions. Construction of subsection (a), OAG 97-006, 1997 Tenn. AG LEXIS 4 (1/27/97).

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.

Acts 2004, ch. 686, § 1.

49-1-106. Best practices clearinghouse.

  1. 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. Encourage the use of different and innovative teaching methods proven to be effective through education reform models;
    2. Improve learning opportunities for all students; and
    3. Close the achievement gap between high-performing and low-performing students.
  2. In order to effectively identify and disseminate best practices of education reform, the state board of education, the department of education and the office of research and education accountability in the office of the comptroller of the treasury, shall confer with other education stakeholders and determine the best means of organizing and operating a best practices clearinghouse.
  3. 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.

Acts 2014, ch. 811, § 1; 2015, ch. 182, § 8; 2016, ch. 684, § 3; 2018, ch. 725, § 2; T.C.A. § 49-1-107.

Code Commission Notes.

This section was renumbered from § 49-1-107 to § 49-1-106 by authority of the Code Commission in 2020.

49-1-107. Commission on education recovery and innovation — Role — Membership — Reporting — Termination. [Effective until July 1, 2022.]

  1. The Tennessee commission on education recovery and innovation is created to examine the short-and long-term systemic effects that the COVID-19 pandemic and natural disasters of 2020 have had on the state's educational systems.
  2. The commission shall advise and make recommendations to the general assembly, the state board of education, the department of education, the Tennessee higher education commission, and the state institutions of higher education on strategies to close educational gaps resulting from school closures, and to modernize the state's educational structure from kindergarten to career in order to create more flexibility in the delivery of education to students.
  3. The commission is composed of the following nine (9) members:
    1. Three (3) persons appointed by the governor;
    2. Three (3) persons appointed by the speaker of the senate; and
    3. Three (3) persons appointed by the speaker of the house of representatives.
    1. In making appointments, the appointing authorities shall strive to include directors of schools, leaders of higher education institutions, educators, and community and major business leaders.
    2. In the event of a vacancy on the commission, the respective appointing authority shall appoint a new member to fill the vacancy.
  4. The commission shall submit an initial assessment of the effect the COVID-19 pandemic has had on Tennessee's educational systems to the general assembly no later than January 1, 2021. The commission shall submit a report on the commission's actions, findings, and recommendations to the general assembly no later than January 1, 2022, and shall submit a final report on the commission's actions, findings, and recommendations to the general assembly no later than June 30, 2022.
  5. The commission is administratively attached to the state board of education.
    1. The executive director of the state board of education, or the executive director's designee, shall call the first meeting of the commission, at which time the commission shall elect a chair,
    2. The commission shall meet at least quarterly, give public notice prior to each meeting, and ensure that all meetings are open to the public.
  6. Commission members shall not receive compensation or travel reimbursement for serving on the commission.
    1. The commission ceases to exist on June 30, 2022.
    2. This act is repealed on July 1, 2022.

Acts 2020, ch. 792, § 1.

Compiler's Notes. For the Preamble to the act concerning the events of 2020 related to the COVID-19 pandemic and natural disasters, see Acts 2020, ch. 792.

Effective Dates. Acts 2020, ch. 792, § 2. July 15, 2020.

Cross-References. Tennessee Open Meetings Act, T.C.A. § 8-44-101 et seq.

Part 2
Department of Education

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

  1. The commissioner of education is responsible for the implementation of law or policies established by the general assembly or the state board of education.
  2. The commissioner shall attend all meetings of the state board of education and may speak at the meetings and make recommendations. Any recommendations made by the commissioner shall be made a part of the minutes of the meeting.
  3. The commissioner shall provide direction through administrative and supervisory activities designed to build and maintain an effective organization as follows:
    1. Employ and supervise the personnel within the department;
    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. Make tours of inspection and survey among the public schools throughout the state and to direct supervision through the divisions of the department;
    4. Require all teachers to attend county institutes or educational meetings on the date, at the hour and place designated by the county director of schools; provided, that schools shall not be suspended for more than ten (10) days in one (1) year; and provided further, that the place of the meeting shall be in the county where the school is located;
    5. See that the school laws and the regulations of the state board of education are faithfully executed;
    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. 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. 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. 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. Preserve in the commissioner's office all official documents and matters in relation to educational subjects that may come into it;
    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. 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. Prepare and furnish high school diplomas for graduates of senior, public high schools, approved by the state board of education;
    14. Revoke, when charges are made and approved by the director of schools and local board of education upon sufficient evidence, the license of any teacher, principal, supervisor or other school official who is guilty of immoral conduct; provided, that the teacher, principal, supervisor or other official shall be given ten (10) days' notice in writing and an opportunity to appear in defense;
      1. 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)(15)(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. 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. Supervise high schools and furnish blank forms in accord with this title;
    16. Prescribe regulations regarding the display of flags on public school buildings;
    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. Inspect, approve and classify such private schools of grades one through twelve (1-12), as well as nursery schools or kindergartens, or any combination of these, as shall request such inspection, approval and classification; provided, that the same standards as are used for the approval and classification of the public schools shall be used for such inspection, approval and classification;
      1. Prepare and present to the state board of education for its approval, disapproval or amendment rules and regulations that are necessary to implement the policies, standards or guidelines of the state board or the education laws of the state;
      2. 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. The commissioner may prepare and promulgate, without board approval, rules and regulations that are solely necessary for the administrative operation and functions of the department; however, this authority shall not supersede the powers of the state board in policy matters and may be used only in performance of the commissioner's administrative responsibilities;
    19. Conduct, subject to approval of the state board of education, a program of public information concerning public schools, kindergarten through grade twelve (K-12);
    20. Approve evaluation plans developed by LEAs;
    21. 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;
    22. 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
    23. Require each LEA's director of schools to submit to the department of education an annual personnel report.
    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. Federal and state civil rights;
      2. Federal, state and local health and safety;
      3. Federal and state public records;
      4. Immunizations;
      5. Possession of weapons on school grounds;
      6. Background checks and fingerprinting of personnel;
      7. Federal and state special education services;
      8. Student due process;
      9. Parental rights;
      10. Federal and state student assessment and accountability;
      11. Open meetings;
      12. Educators' due process rights;
      13. Reductions in teachers' salaries;
      14. Employee rights, salaries and benefits; and
      15. Licensure of employees.
    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. 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. 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).

Acts 1925, ch. 115, § 4; Shan. Supp., § 1487a23; Code 1932, § 2314; Acts 1933, ch. 129, § 1; C. Supp. 1950, § 2314; impl. am. Acts 1951, ch. 58; Acts 1957, ch. 91, §§ 1, 2; 1961, ch. 106, § 1; 1961, ch. 160, § 1; 1963, ch. 13, § 1; 1974, ch. 654, §§ 2-8; T.C.A. (orig. ed.), § 49-105; Acts 1984 (1st Ex. Sess.), ch. 6, § 8; 1984 (1st Ex. Sess.), ch. 7, § 92; 1984, ch. 928, § 1; 1987, ch. 308, § 9; 1989, ch. 132, § 2; 1990, ch. 948, § 22; 1990, ch. 1024, §§ 21, 23; 1992, ch. 535, §§ 56, 58; impl. am. Acts 1996, ch. 1079, § 158; 2002, ch. 727, § 1; 2003, ch. 88, § 1; 2003, ch. 90, § 2; 2006, ch. 725, § 1; 2006, ch. 727, § 1; 2008, ch. 888, § 3; 2008, ch. 1062, § 9; 2008, ch. 1102, § 1; 2009, ch. 566, § 12; 2010, ch. 1106, § 1; 2011, ch. 378, § 6; 2014, ch. 672, § 1; 2018, ch. 725, §§ 3-6; 2019, ch. 248, §§ 1-3.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

For the Preamble to the act regarding to the mental health needs of Tennessee's children and youth, please refer to Acts 2008, ch. 1062.

Acts 2009, ch. 566, § 12 provided that the Tennessee code commission is directed to change all references to public necessity rules, wherever such references appear in this code, to emergency rules, as sections are amended and volumes are replaced.

Acts 2011, ch. 378, § 4 provided that nothing in the act shall be construed to abridge or impair a contract or agreement governing terms and conditions of professional service entered into by a board of education and a recognized professional employees' organization under the Education Professional Negotiations Act before June 1, 2011. Any such contract or agreement shall remain in full force and effect until the expiration of the contract or agreement.

Cross-References. Commissioner, powers and duties generally, § 4-3-803.

Commissioner, qualifications and appointment, § 4-3-802.

Evaluation plans, § 49-2-203.

Inspection of records, § 49-2-104.

Jurisdiction over teachers' licenses, § 49-5-108.

Preparation of reports for delinquent city official, § 49-2-406.

Review of school nutritional programs for compliance with law and regulations and report to general assembly, § 49-6-2304.

School bus operators, certificate, § 49-6-2107.

Textbooks. Tennessee Jurisprudence, 22 Tenn. Juris., Schools, § 31.

Law Reviews.

Satisfying the State Interest in Education with Private Schools, 49 Tenn. L. Rev. 955 (1982).

Attorney General Opinions. Failure of county school board members to attend annual training.  OAG 10-87, 2010 Tenn. AG LEXIS 93 (7/20/10).

NOTES TO DECISIONS

1. Proceedings as to School Funds.

2. —Purpose of Statute.

The plain purpose of subdivision (c)(15) is to confer upon the state commissioner of education the authority to determine when any part of the school fund is in jeopardy or being wasted, leaving it to the commissioner to decide with the consent of the governor when to institute legal proceedings for the protection of school funds, and the legislative intent is to prevent the squandering of school funds in unnecessary and oftentimes frivolous litigation. Garner v. Scales, 183 Tenn. 577, 194 S.W.2d 452, 1946 Tenn. LEXIS 240 (1946).

3. —Nature of Proceedings.

Suit by state to recover funds from county and county trustee for use of city commissioners and city board of education was a proceeding by the state to protect its own interest though fund when recovered was to be managed by city officials. State ex rel. Dossett v. Obion County, 188 Tenn. 538, 221 S.W.2d 705, 1949 Tenn. LEXIS 372 (1949).

Suit by state on behalf of city to recover funds expended on county schools by county trustee was not subject to demurrer on ground that judgment would be to the detriment or injury of pupils of the county as the statute contemplated that no such case would be pursued in a manner to deprive any child of the right of schooling and the matter was in the discretion of the administrative branch of the government to be exercised before instituting suit. State ex rel. Dossett v. Obion County, 188 Tenn. 538, 221 S.W.2d 705, 1949 Tenn. LEXIS 372 (1949).

4. —Budget Exceeded.

Should the county superintendent (now director of schools) in examining the accounts find that the budget is exceeded, county superintendent should seek advice and call upon the state commissioner to protect the county against illegal disposition of county funds. The commissioner renders the protection by calling upon the judicial departments whose function it is to pass upon the legality of contracts. County superintendent should first determine if the budget has been exceeded, and finding it so, county superintendent should call upon the district attorney to protect the funds by judicial action. Little v. Carter County Board of Education, 24 Tenn. App. 465, 146 S.W.2d 144, 1940 Tenn. App. LEXIS 53 (Tenn. Ct. App. 1940).

5. —Manner of Distribution of Funds.

Provisions of Educational Appropriation Acts of 1943 and 1945 which merely stated that a certain sum per capita for each and every child in average daily attendance in the public high schools in counties, cities and independent school districts of the state was to be distributed to each county, did not require county by law to make a distribution of the funds received under Acts 1943 and 1945 upon a per capita basis to board of commissioners of a city, and a suit could not be maintained under subdivision (c)(15) for failure to distribute per capita. State ex rel. Dossett v. Obion County, 188 Tenn. 538, 221 S.W.2d 705, 1949 Tenn. LEXIS 372 (1949).

6. —Parties.

In emergency cases where state commission is not available, a suit under (c)(15) can be filed in name of state for the use of the school whose rights are affected. Garner v. Scales, 183 Tenn. 577, 194 S.W.2d 452, 1946 Tenn. LEXIS 240 (1946).

Members of school board of special school district could not maintain suit against county superintendent (now director of schools), county trustee and county to recover funds improperly diverted from special school district to other school districts of county over a period of 15 years as the result of mistakes of former county superintendent in furnishing data to the trustee, since in the absence of a special emergency the proper party to file suit was the state commissioner of education. Garner v. Scales, 183 Tenn. 577, 194 S.W.2d 452, 1946 Tenn. LEXIS 240 (1946).

In suit by state to recover for use of city, funds expended by county trustee on county schools, the trial court did not err in allowing superintendent of county schools (now county director of schools) and members of county board of education to remain parties to proceeding. State ex rel. Dossett v. Obion County, 188 Tenn. 538, 221 S.W.2d 705, 1949 Tenn. LEXIS 372 (1949).

In proceeding by county school board attacking constitutionality of act involving funds of board filed in the name of the state on the relation of commissioner of education, the provisions of (c)(15) were complied with where commissioner stated in the bill that the commissioner was joining in the prosecution of the suit and had done so with the consent of the governor. State v. Dyersburg, 191 Tenn. 661, 235 S.W.2d 814, 1951 Tenn. LEXIS 370 (1951).

Board of education of Memphis city schools could maintain suit against Shelby County for declaratory judgment as to validity of statutes relating to method of division of school funds between city of Memphis and Shelby County, and state commissioner of education was not a necessary party. Board of Education v. Shelby County, 207 Tenn. 330, 339 S.W.2d 569, 1960 Tenn. LEXIS 463 (1960). For contrary statement as to right of board of county school commissioners to sue to protect school funds prior to 1957 amendment, see State ex rel. Banks v. Taylor, 199 Tenn. 507, 287 S.W.2d 83, 1955 Tenn. LEXIS 308 (1955).

Protection of school funds in the hands of county trustees or county boards of education is, ordinarily, exclusively the duty of the state commissioner of education. Mosier v. Thompson, 216 Tenn. 655, 393 S.W.2d 734, 1965 Tenn. LEXIS 611 (1965).

7. —Complaint.

Complaint by state which alleged that county trustee had withheld funds due city for educational purposes showed an injury to the city. State ex rel. Dossett v. Obion County, 188 Tenn. 538, 221 S.W.2d 705, 1949 Tenn. LEXIS 372 (1949).

In suit by state to recover funds for city from county trustee expended on county schools it was not necessary to allege that city officials had demanded sum involved from county trustee on every distribution of fund. State ex rel. Dossett v. Obion County, 188 Tenn. 538, 221 S.W.2d 705, 1949 Tenn. LEXIS 372 (1949).

8. —Statute of Limitations.

Suit by state to recover funds for use of city school authorities from county trustee was not subject to defense of statute of limitations. State ex rel. Dossett v. Obion County, 188 Tenn. 538, 221 S.W.2d 705, 1949 Tenn. LEXIS 372 (1949).

9. Review of Commissioner's Decisions.

Any review of the decisions of the commissioner of education must be on a case-by-case basis, rather than by judicial dictation of the manner in which the commissioner sees fit to implement the statute. Crites v. Smith, 826 S.W.2d 459, 1991 Tenn. App. LEXIS 721 (Tenn. Ct. App. 1991).

49-1-202. Divisions.

  1. The department of education shall be organized in divisions that the commissioner, with the approval of the governor, finds necessary, except that there shall be a division of career and technical education, the head of which shall be an assistant commissioner. The assistant commissioner for career and technical education shall be responsible for the management of all career and technical education matters as governed by federal and state policies, guidelines, rules, and regulations.
  2. 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.

Acts 1923, ch. 7, § 37; 1925, ch. 115, §§ 3, 4; Shan. Supp., §§ 373a89, 1487a17, 1487a22; Code 1932, §§ 311, 2308, 2313; impl. am. Acts 1937, ch. 33, §§ 56, 69; Acts 1937, ch. 240, § 1; 1947, ch. 93, § 3; 1947, ch. 99, § 1; C. Supp. 1950, § 311 (Williams, §§ 311, 2271.1, 2271.7, 2308); modified; impl. am. Acts 1959, ch. 9, § 12; Acts 1963, ch. 13, § 1; 1982, ch. 689, § 19; T.C.A. (orig. ed.), §§ 49-110, 49-111; Acts 1984 (1st E.S.), ch. 6, § 9; 2006, ch. 1016, §§ 1, 2; 2019, ch. 204, § 1.

Cross-References. Librarian certificates, issuance, title 10, ch. 2.

Restriction on compensation of division heads, § 8-23-102.

State museum administered by Tennessee arts commission and funds transferred, §§ 4-12-1014-12-106.

Law Reviews.

Local Government Law — 1956 Tennessee Survey (Joseph Martin, Jr.), 9 Vand. L. Rev. 1032.

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

  1. The commissioner of education is authorized to grant waivers to a school that does not comply with the rules and regulations of the state board of education only when officially requested by action of the local board of education.
  2. Waivers may be granted for no more than two (2) years in succession for the same violation in the same school. The waiver may be extended for an additional period by the commissioner if, in the commissioner's judgment, additional time is required by the local board of education to secure the necessary funding for the removal of the condition that necessitated the waiver.
  3. The department shall include on its website:
    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. An explanation from the local board of education for the waiver.

Acts 1974, ch. 650, § 1; 1976, ch. 503, § 1; T.C.A., § 49-116; Acts 2014, ch. 678, § 1.

49-1-204. Driver education and training courses in public schools.

  1. In order to expand driver education throughout the public schools of this state and to promote safety on the highways, the department of education is directed to promote and expand driver education and training courses throughout the public schools of this state. The courses shall include an area of instruction dealing with the effects of the consumption of alcoholic beverages on driving abilities.
  2. 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.).

Acts 1965, ch. 302, §§ 1, 3; 1969, ch. 25, § 1; 1972, ch. 693, § 2; 1981, ch. 488, § 5; T.C.A., § 49-115; Acts 1985, ch. 443, § 3.

Cross-References. Juvenile alcohol abuse, title 33, ch. 10, part 3.

Learner's permit, § 55-50-311.

Licensing of minors, § 55-50-312.

Litigation tax, title 67, ch. 4, part 6.

Suspension and revocation of driver licenses, title 55, ch. 50, part 5.

49-1-205. Support and assistance for family life education.

  1. The department of education shall develop a program of technical support and assistance for LEAs that initiates implementation of family life education in conformity with the guidelines established by the state board of education.
  2. The program of technical support and assistance shall include:
    1. Suggested methods for maintaining a high level of parental and community support for family life education;
    2. Workshops, seminars or other training opportunities for family life instructors;
    3. Assistance in selecting family life textbooks and resource materials most suitable for the special needs of the community that the LEA serves;
    4. Recommended mechanisms for effectively monitoring and evaluating implementation of family life courses; and
    5. Other similar services to assist the LEA.
  3. The program of technical support and assistance developed pursuant to this section shall be provided upon request of an LEA.

Acts 1987, ch. 442, § 2.

Cross-References. Abstinence, prevention of AIDS and sexually transmitted diseases, § 49-6-1008.

Family life curriculum, title 49, ch. 6, part 13.

Informational services regarding second or subsequent pregnancies, targeting potential at-risk first time teen parents, § 37-3-521.

Public school nurses, duties as to instructing students as to abstinence, § 68-1-1205.

Teenage pregnancy, title 37, ch. 3, part 5.

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.

Acts 1988, ch. 1006, §§ 2, 3; 1996, ch. 1079, § 183; 2011, ch. 410, § 3(dd).

Compiler's Notes. For the Preamble to the act concerning the prohibition against establishment of a special committee if there is a standing committee on the same subject, please refer to Acts 2011, ch. 410.

Cross-References. Parent educational participation, § 49-6-7001.

Parent-teacher meetings, § 49-6-7002.

Project RAP, title 71, ch. 3, part 7.

49-1-207. Innovative educational programs.

  1. The commissioner of education may authorize up to twenty-four (24) school systems or any part thereof to operate as innovative educational programs that emphasize school-based decision making and the creation of small learning communities. Upon authorization of the local board of education, the director of schools on behalf of the school system or the principal on behalf of an individual public school may apply to the commissioner to operate the system or school in accordance with an alternative plan approved under this section by the commissioner. The principal may be authorized by the principal's performance contract to develop such a plan. Prior to application, the principal shall consult with the principal's faculty. Subject to the implementation and funding of the relevant federal program, additional individual schools that emphasize school-based decision making may be approved.
  2. 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.
    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. 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. 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.
  3. No local plan approved by the commissioner of education shall reduce the level of state funding to an LEA under this title.
  4. 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.
  5. 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.
  6. 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.

Acts 1990, ch. 648, § 1; 1992, ch. 535, § 87; 2004, ch. 832, §§ 5, 6, 7; 2011, ch. 378, § 7.

Compiler's Notes. Acts 2011, ch. 378, § 4 provided that nothing in the act shall be construed to abridge or impair a contract or agreement governing terms and conditions of professional service entered into by a board of education and a recognized professional employees' organization under the Education Professional Negotiations Act before June 1, 2011. Any such contract or agreement shall remain in full force and effect until the expiration of the contract or agreement.

Cross-References. Grand divisions, title 4, ch. 1, part 2.

Attorney General Opinions. Tuition and transportation for voluntary year-round school program, OAG 97-129, 1997 Tenn. AG LEXIS 162 (9/22/97).

Authority to offer new grade levels to subset of eligible children, OAG 98-090, 1998 Tenn. AG LEXIS 90 (4/15/98), OAG 98-0132, 1998 Tenn. AG LEXIS 132 (7/28/98).

With regard to a city school system's proposal to create and operate a nontraditional school under contract with a foundation, T.C.A. § 49-1-207 authorizes the commissioner to exercise her discretion by either approving the proposal, rejecting the proposal, or granting the proposal only in part, as she considers appropriate, OAG 02-093, 2002 Tenn. AG LEXIS 99 (8/28/02).

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.

Acts 2020, ch. 628, § 1.

Compiler's Notes. Former § 49-1-208 (Acts 2009, ch. 154, § 1), concerning standards for parental involvement in public schools, was repealed by Acts 2018, ch. 725, § 7, effective April 18, 2018.

Effective Dates. Acts 2020, ch. 628, § 2. March 20, 2020.

Cross-References. Training for administration of epinephrine auto-injectors, § 68-140-502.

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.

Acts 1992, ch. 535, § 4.

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.

Acts 1992, ch. 535, § 4.

49-1-211. Annual report by commissioner.

  1. The commissioner of education shall publish an annual report as of each November 1, which shall include, but not be limited to:
    1. The results of state-conducted compliance and performance audits of local school systems;
    2. Value-added assessment as organized by class, schools and local school systems;
    3. School performance indicators including performance on the Tennessee comprehensive assessment program (TCAP), dropout rates, numbers of waivers, local financial contribution to education, attendance rates, and other indicators adopted by the state board of education;
    4. School and district performance designations pursuant to § 49-1-602;
    5. A comparison of expenditures by category and program for each school system with statewide averages;
      1. Overall student dropout rates organized by schools and local school systems; and
      2. Student dropout rates also organized by schools and local school systems, but subdivided by gender and race;
      1. Overall student suspension and expulsion rates organized by schools and local school systems; and
      2. Student suspension and expulsion rates also organized by schools and local school systems, but subdivided by gender and race;
      1. Overall high school graduation rates organized by high schools and local school systems; and
      2. High school graduation rates also organized by high school and local school system, presented by gender and subgroup, pursuant to applicable federal law. The high school graduation information shall be placed on the annual state, system and school level report cards posted on the internet;
    6. Alternative school performance indicators as reported to the department by LEAs pursuant to § 49-6-3405;
    7. 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 that serve grades in which AP courses could be taken. The number of students taking AP courses and the percentage of students scoring three (3) or above on AP exams shall be reported by LEA and by school;
    8. A list of the dual enrollment courses taken by students in each LEA and a list of the dual enrollment courses taken by students in each of the LEA's schools that serve grades in which dual enrollment courses could be taken. The number of students taking dual enrollment courses and the percentage of students successfully completing dual enrollment courses shall be reported by the LEA and by the school;
    9. 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. This data shall not contain private or individual student information. The ACT data shall be included on the department's website; provided, that it is received by the department from ACT; and
    10. SAT college-bound seniors district profile for each LEA with at least twenty-five (25) students taking the SAT. This data shall not contain private or individual student information. This data shall be included on the department's website; provided, that it is received by the department from the college board.
  2. This report shall be distributed to:
    1. The governor;
    2. The members of the general assembly;
    3. The members of the state board of education;
    4. State and local news media;
    5. Local directors of schools;
    6. Local boards of education;
    7. Presidents of state and local education associations;
    8. Presidents of state and local school board associations;
    9. State and local parent-teacher organizations;
    10. County mayors;
    11. Mayors;
    12. Local chambers of commerce;
    13. Members of local legislative bodies; and
    14. Local public libraries.
  3. Before TCAP scores are released pursuant to subdivision (a)(3), or otherwise, they shall be disaggregated.

Acts 1992, ch. 535, § 5; 1996, ch. 608, § 1; 1997, ch. 215, § 1; 1997, ch. 434, § 1; 1999, ch. 173, § 1; 2001, ch. 202, § 1; 2003, ch. 90, § 2; 2007, ch. 358, § 1; 2007, ch. 517, § 3; 2009, ch. 298, § 1; 2010, ch. 737, § 1; 2012, ch. 1014, § 1; 2013, ch. 306, § 1; 2014, ch. 792, § 1; 2019, ch. 248, §§ 4-6.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Acts 2007, ch. 517, § 5 provided that the board of education is authorized to promulgate rules and regulations to effectuate the purposes of the act. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Cross-References. Reporting requirement satisfied by notice to general assembly members of publication of report, § 3-1-114.

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

  1. The state board of education shall establish guidelines whereby the department shall prepare a fiscal analysis of any policy, rule or regulation proposed to the state board by the department if such proposal will financially impact an LEA.
  2. 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.

Acts 2014, ch. 882, § 1.

Compiler's Notes. Former § 49-1-212, concerning development of a twenty-first century high school curriculum, was deleted as obsolete by authority of the code commission in 2009.

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.

Acts 1994, ch. 985, § 1.

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

  1. The commissioner of education, in consultation with the commissioner of safety, shall develop advisory guidelines for LEAs to use in developing safe and secure learning environments in schools. Such guidelines shall emphasize consultation at the local level with appropriate law enforcement authorities.
  2. The department of education may prepare and distribute to LEAs guidelines for incorporating into local staff development and in-service training the materials and speakers necessary to help educators reduce gang and individual violence, to assist in drug and alcohol abuse prevention and to provide educators with the tools for nonintrusive identification of potentially violent individuals in and around schools. The department may, upon request, assist LEAs in developing comprehensive violence, drug and alcohol abuse prevention in-service training programs. Department guidelines shall encourage the sharing of resources, the development of joint or collaborative programs and the coordination of efforts with local health departments, county and city law enforcement agencies and other public agencies providing health, drug, alcohol, gang violence prevention and other related services.
  3. 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.

Acts 1996, ch. 891, § 2; 1999, ch. 240, § 1; 1999, ch. 310, § 1; 2003, ch. 355, § 27; 2019, ch. 248, § 7.

Compiler's Notes. Acts 1996, ch. 891, § 1 provided that this section may be known and cited as the “Safe Schools Act.”

Acts 2003, ch. 355, § 66 provided that no expenditure of public funds pursuant to the act shall be made in violation of the provisions of Title VI of the Civil Rights Act of 1964, as codified in 42 U.S.C. § 2000d.

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.

Acts 1996, ch. 966, § 1.

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.

Acts 1997, ch. 215, § 2; 2019, ch. 248, § 8.

49-1-217. [Repealed.]

Acts 2014, ch. 848, § 1; repealed by Acts 2018, ch. 725, § 8, effective April 18, 2018.

Compiler's Notes. Former § 49-1-217 concerned surveys to ascertain the proportion of students with internet access at home.

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.

Acts 2002, ch. 814, § 1.

Code Commission Notes.

Former subsections (b) and (c), concerning a task force to establish guidelines regarding release of education data for research purposes, was deleted as obsolete by authority of the code commission in 2009.

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.

Acts 2006, ch. 634, § 2; 2015, ch. 58, § 2.

49-1-220. [Repealed.]

Acts 2006, ch. 824, § 1; 2011, ch. 410, § 4(a); 2015, ch. 182, § 9; repealed by Acts 2019, ch. 248,  § 9, effective May 2, 2019.

Compiler's Notes. Former § 49-1-220 concerned sexual violence awareness and prevention curriculum.

Acts 2019, ch. 345, § 76 purported to amend this section, effective May 10, 2019; however, Acts 2019, ch. 248, § 9 had previously repealed the section, effective May 2, 2019. Acts 2019, ch. 345, § 76 was not given effect.

49-1-221. Policy on use of internet — Filing of policy — Contents.

    1. Each LEA shall adopt an internet acceptable use policy. At a minimum, the policy shall contain provisions that:
      1. Are designed to prohibit certain inappropriate use by school district employees and students of the school district's computers via the internet;
      2. Seek to prevent access by students to material that the school district deems to be harmful to juveniles;
      3. Select a technology for the school district's computers having internet access to filter or block internet access through the computers to child pornography and obscenity;
      4. Establish appropriate measures to be taken against persons who violate the policy;
      5. Include a component on internet safety for students that is integrated in a school district's instructional program; and
      6. Encourage communications with parents that raise awareness about internet safety using existing avenues of communication, such as parent-teacher conferences.
    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.
  1. The director of schools shall take such steps as appropriate to implement and enforce the school district's policy.

Acts 2008, ch. 989, § 1; 2013, ch. 274, § 1; 2015, ch. 182, § 10; 2018, ch. 725, §§ 9, 10.

49-1-222. [Repealed.]

Acts 2008, ch. 1062, § 10; repealed by Acts 2018, ch. 725, § 11, effective April 18, 2018.

Compiler's Notes. Former § 49-1-222 concerned the involvement of the council on children’s mental health care in the development of interagency projects and programs.

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. 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. Encourage schools to have individual asthma action plans for students with asthma;
  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. Encourage the development of education for local boards of education and the public concerning self-administration of asthma medications; and
  5. Promote procedures to reduce exposure to smoke, allergens and other irritants in school buildings, on school grounds and at school events.

Acts 2008, ch. 1154, § 1.

49-1-224. Education Pays Act — Award of rewards — Funding.

  1. As used in this section, “education pays reward” means a reward of cash or other thing of value given to either an individual student or the student's custodial parent or guardian, or both, in recognition of academic achievement.
  2. Each LEA is encouraged to develop an education pays pilot program for at-risk students to encourage student academic achievement through the award of education pays rewards.
  3. 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.

Acts 2009, ch. 326, § 2; 2015, ch. 182, § 11; 2018, ch. 725, § 12.

Compiler's Notes. Acts 2009, ch. 326, § 1 provided that the act, which added this section, shall be known and may be cited as the “Education Pays Act.”

49-1-225. [Repealed.]

Acts 2013, ch. 406, § 1; repealed by Acts 2018, ch. 725, § 13, effective April 18, 2018.

Compiler's Notes. Former § 49-1-225 concerned review of measures to prevent breaches in security of standardized tests.

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.

Acts 2014, ch. 905, § 10; 2015, ch. 182, § 12; 2018, ch. 725, §§ 14, 15.

Compiler's Notes. For the preamble to the act concerning requirements for the adoption of educational standards and use of student data, please refer to Acts 2014, ch. 905.

Acts 2014, ch. 905, § 11 provided that the state board is authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

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

  1. The department of education shall survey this title and other relevant acts of the general assembly to compile a list of all laws that are related to the rights of students and their parents or legal guardians. The department shall update the list annually within sixty (60) days after the adjournment of the general assembly.
  2. The list shall be posted on the website of the department. Each LEA shall prominently display a link to the list on its website.

Acts 2016, ch. 644, § 1.

49-1-228. School grading system — State report card — Implementation — Notice.

  1. 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. Student performance on the Tennessee comprehensive assessment program (TCAP) tests or end-of-course exams;
    2. Student growth as indicated by Tennessee Value-Added Assessment System (TVAAS) data or data from other measures of student growth; and
    3. Other outcome indicators of student achievement that the department finds to be reliable measures of school performance.
  2. The department of education shall include each school's A, B, C, D, or F grade on the state report card.
  3. Implementation of the school grading system shall begin in the 2017-2018 school year; provided, however, prior to implementation, the state board shall review the grading scale developed by the department.
  4. The department shall provide notice of the adopted grading scale to each LEA prior to the start of the 2017-2018 school year.
  5. Notwithstanding subsection (a), student performance and student growth data from the TNReady assessments administered in the 2017-2018 school year shall not be used to assign a letter grade to a school pursuant to this section.
  6. 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.

Acts 2016, ch. 680, § 1; 2018, ch. 881, § 3; 2020, ch. 652, § 5.

Compiler's Notes. Acts 2018, ch. 881, § 5 provided that for the 2017-2018 school year, LEAs shall not base employment termination and compensation decisions for teachers on data generated by statewide assessments administered in the 2017-2018 school year.

For the Preamble to the act concerning severe weather, tornadoes and the COVID-19 threat, see Acts 2020, ch. 652.

Acts 2020, ch. 652, § 13 provided that: “(a) The department of education shall promptly seek a waiver from the United States Department of Education, or seek to amend Tennessee's Every Student Succeeds Act (ESSA) Plan, as necessary and appropriate to implement chapter 652 of the Public Acts of 2020.

“(b) The state board of education shall promptly revise the high school graduation requirements for the 2019-2020 school year to ensure that high school seniors who were affected by school closures during the spring of the 2019-2020 school year do not fail to receive a high school diploma for which the student was on-track and otherwise eligible to receive on or before April 2, 2020.

“(c) The state board of education shall consult with the department of education, Tennessee higher education commission, and public institutions of higher education to develop guidance, resources, and opportunities for high school students who were enrolled in dual credit or dual enrollment courses during the spring of the 2019-2020 school year, and who were adversely affected by school closures due to COVID-19.

“(d) Notwithstanding Tennessee Code Annotated, Section 4-5-208(a):

“(1) The state board of education may promulgate emergency rules as necessary to address any issues created by school closures due to the outbreak of COVID-19 during the 2019-2020 school year. The rules must be promulgated according to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; and

“(2) The Tennessee student assistance corporation and public institutions of higher education may promulgate emergency rules to protect the financial aid and credit opportunities for high school students who were enrolled in dual credit or dual enrollment courses during the spring of the 2019-2020 school year, and who were adversely affected by school closures due to COVID-19.”

Amendments. The 2020 amendment added (f).

Effective Dates. Acts 2020, ch. 652, § 14. April 2, 2020.

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

    1. The department of education shall develop procedures for identifying characteristics of dyslexia through the universal screening process required by the existing RTI² framework or other available means.
    2. The dyslexia screening procedures shall include phonological and phonemic awareness, sound symbol recognition, alphabet knowledge, decoding skills, rapid naming, and encoding skills.
    3. The dyslexia screening procedures shall be implemented by every LEA.
    4. Dyslexia screening may be requested for any student by the student's parent or guardian, teacher, counselor, or school psychologist.
  1. 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.
  2. If the dyslexia screening conducted by the LEA indicates that a student has characteristics of dyslexia, the LEA shall:
    1. Notify the student's parent or legal guardian;
    2. Provide the student's parent or legal guardian with information and resource material regarding dyslexia;
    3. Provide the student with appropriate tiered dyslexia-specific intervention through its RTI² framework; and
    4. Monitor the student's progress using a tool designed to measure the effectiveness of the intervention.
  3. The department shall provide appropriate professional development resources for educators in the area of identification of and intervention methods for students with dyslexia.
    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. The commissioner of education, or the commissioner's designee, who shall be an ex officio member of the council and serve as chair;
      2. An education specialist from the department, appointed by the commissioner for a term of three (3) years;
      3. A representative from a dyslexia advocacy group, appointed by the commissioner for a term of three (3) years;
      4. A special education teacher with an understanding of dyslexia, appointed by the commissioner for a term of three (3) years;
      5. An elementary school teacher, appointed by the commissioner for a term of three (3) years;
      6. A middle school teacher, appointed by the commissioner for a term of three (3) years;
      7. A high school teacher, appointed by the commissioner for a term of three (3) years;
      8. A parent of a child with dyslexia, appointed by the commissioner for a term of three (3) years; and
      9. A licensed speech pathologist, appointed by the commissioner for a term of three (3) years.
    2. The terms of the council members shall commence July 1, 2016.
    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. 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. 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.
      1. The council shall annually submit a report to the education committee of the senate and the education committee of the house of representatives.
      2. The report required by subdivision (e)(6)(A) shall include:
        1. The number of students screened and the number of students provided with dyslexia intervention services;
        2. 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. Descriptions, from the LEAs that provided dyslexia intervention services, of the intervention services provided to students; and
        4. The TVAAS growth data, when available, for the students receiving dyslexia intervention services.
      3. No information identifying individual students shall be included in the report.
    6. The council shall meet at least quarterly. A quorum consists of a majority of the membership of the council.
  4. As used in this section:
    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. “RTI²” 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. RTI² relies on the premise of high-quality core instruction, data-based decision making, and research-based interventions aligned to students' needs.

Acts 2016, ch. 1058, § 1; 2019, ch. 345, § 77.

Compiler’s Notes. The dyslexia advisory council, created by this section, terminates June 30, 2027. See §§ 4-29-112, 4-29-248.

Acts 2018, ch. 594, § 3 provided that the dyslexia advisory council shall appear before the government operations joint evaluation committee on education, health and general welfare no later than December 31, 2018, to present the numerical data requested from the dyslexia advisory council at the committee's June 15, 2017, hearing.

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

  1. As used in this section, “adverse childhood experiences” or “ACEs” mean stressful or traumatic events experienced by a minor child. ACEs include, but are not limited to, a child witnessing, or being the victim of, physical abuse, sexual abuse, emotional abuse, physical neglect, emotional neglect, domestic violence, substance abuse, mental illness, parental separation or divorce, and incarceration.
  2. 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. The effects of ACEs on a child's mental, physical, social, behavioral, emotional, and cognitive development;
    2. ACEs as a risk factor for the development of substance abuse disorders and other at-risk health behaviors;
    3. Trauma-informed principles and practices for classrooms; and
    4. How early identification of children exposed to one (1) or more ACEs may improve educational outcomes.
  3. An LEA may develop its own ACEs training program to make available to the LEA's school personnel.

Acts 2018, ch. 723, § 1.

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. The department of education;
  2. Local education agencies (LEAs);
  3. The National Association of Social Workers, Tennessee Chapter;
  4. The Tennessee Association of School Social Workers;
  5. The Tennessee Association of School Counselors;
  6. The Tennessee Association of School Nurses;
  7. The Tennessee Association of School Psychologists; and
  8. The Tennessee Commission on Children and Youth.

Acts 2018, ch. 844, § 1.

Compiler's Notes. Acts 2018, ch. 844, § 2 provided that the basic education program (BEP) review committee shall analyze the addition of a component for school social workers to the BEP funding formula and shall include such analysis in its 2018 annual report.

49-1-232. State plan for computer science education.

  1. To ensure all students are fully prepared for the technology jobs of today and the future, the department of education shall develop a state plan for computer science in grades kindergarten through twelve (K-12). In developing the state plan for computer science, the department shall solicit feedback from local education agency leaders, computer science educators, state institution of higher education representatives in the computer science field, the Tennessee STEM Innovation Network, computer science industry representatives, individuals with experience in computer programming, and other appropriate stakeholders, as determined by the department.
  2. The state plan for computer science must set strategic goals and make recommendations to:
    1. Ensure public high school students have access to at least one (1) computer science course;
    2. Integrate computer science into elementary education;
    3. Allow computer science course completion to count as a core admission requirement at state institutions of higher education;
    4. Develop educator preparation program standards and requirements for computer science;
    5. Increase the number of underrepresented student groups earning college credit in computer science while still in high school; and
    6. Ensure opportunities for educators who teach computer science to earn the computer science endorsement approved by the state board of education.
  3. The department shall submit a copy of the state plan for computer science to the speaker of the senate and the speaker of the house of representatives by May 1, 2020.

Acts 2019, ch. 454, § 1.

Part 3
State Board of Education

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

    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. The terms for all members shall begin April 1, 1984. The terms of the initial nine (9) appointments shall be three (3) years for three (3) members, six (6) years for three (3) members, and nine (9) years for three (3) members as designated by the governor in the governor's appointments. As the terms expire, successors shall be appointed for five-year terms. Vacancies shall be filled for the remainder of the unexpired term. At least three (3) members shall be appointed from both the majority and minority parties, as defined in § 2-1-104. At least one (1) member shall be a member of the minority race. Board members may be reappointed. In making appointments to the board, the governor shall strive to ensure that at least one (1) person appointed to serve on the board is sixty (60) years of age or older. 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 sentence shall cease to be effective.
    3. All appointive members shall be appointed by the governor subject to confirmation by the senate and house of representatives, but appointments shall be effective until adversely acted upon by the senate and house of representatives. Members of the existing board of education shall continue to serve until their successors are appointed and confirmed.
    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. The executive director of the higher education commission shall be an ex officio, nonvoting member of the board.
    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.
  1. 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.
  2. 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.
    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. 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. A majority of the board may petition the chair to call a special meeting in accordance with subdivision (d)(2).
    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.
  3. 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.

Acts 1925, ch. 115, § 5; Shan. Supp., § 1487a24; Code 1932, § 2315; Acts 1935, ch. 186, § 1; 1937, ch. 33, § 57; 1955, ch. 203, § 1; 1963, ch. 200, § 1; 1967, ch. 179, § 8; 1976, ch. 806, § 1(76); T.C.A. (orig. ed.), §§ 49-106, 49-107; Acts 1984 (1st Ex. Sess.), ch. 6, §§ 3, 29; 1987, ch. 386, § 1; 1988, ch. 1013, § 16; 1989, ch. 54, § 1; 1994, ch. 731, § 1; 2003, ch. 91, § 1; 2004, ch. 837, § 2; 2007, ch. 316, § 1; 2010, ch. 1051, § 1; 2015, ch. 448, § 1; 2018, ch. 539, § 1.

Compiler's Notes. The state board of education, created by this section, terminates June 30, 2024. See §§ 4-29-112, 4-29-245.

Acts 2010, ch. 1051, § 5 provided that the costs of providing streaming video of meetings of the state board of education, the Tennessee higher education commission, the Tennessee board of regents and the board of trustees of the University of Tennessee system shall be absorbed within the existing budget of the respective entity.

Acts 2011, ch. 43, § 3 provided that the division of state audit in the office of the comptroller of the treasury shall provide its findings to the government operations committees of the house of representatives and the senate by July 1, 2013, on the state board of education's responses to the findings and recommendations in the January, 2011, performance audit of the state board of education.

Cross-References. Divisions of department of education, § 49-1-202.

State board of education, powers, § 49-1-302.

Law Reviews.

The Legal Basis of School Property in Tennessee (Fred H. Barber), 7 Tenn. L. Rev. 262.

Attorney General Opinions. The house education committee has the authority to conduct investigations in order to collect information for legislative purposes, and this authority includes the power to issue subpoenae; the committee has the authority to inquire into a prospective appointee's party affiliation through reasonable means, including issuing subpoenae for witnesses and/or documents; written confirmation of a prospective appointee's political party affiliation also constitutes a permissible method of establishing an appointee's affiliation, OAG 02-067, 2002 Tenn. AG LEXIS 62 (5/21/02).

At least four, and no more than five of the appointed board members should be female in order to satisfy the requirement that board appointments should alternate until female membership reflects the percentage of females in the population, OAG 02-067, 2002 Tenn. AG LEXIS 62 (5/21/02).

49-1-302. Powers and duties of board — Confidentiality of records — Standards, policies, recommendations and actions subject to appropriations — Teacher evaluation advisory committee — Duty-free teacher time — Confidentiality and integrity of statewide tests — Ungraded and unstructured classes — Educator diversity — Uniform clothing — Standards for child care — Payment of career ladder supplements — Final disciplinary actions on educator licenses.

  1. It is the duty of the board, and it has the power to:
      1. Study programs of instruction in public schools, kindergarten through grade twelve (K-12);
      2. Analyze the needs of such public schools;
      3. Study the use of public funds for such public schools;
      4. 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. 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;
    1. Set policies for:
      1. The completion of elementary, middle, junior high and senior high schools as structured in each school district;
      2. Evaluating individual student progress and achievement;
      3. Evaluating individual teachers; and
      4. Measuring the educational achievement of individual schools;
    2. 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;
      1. Develop and adopt policies, formulas and guidelines for the fair and equitable distribution and use of public funds among public schools and for the funding of all requirements of state laws, rules, regulations and other required expenses, and to regulate expenditures of state appropriations for public education, kindergarten through grade twelve (K-12). The policies, formulas and guidelines may be changed as necessary, but not more often than once per appropriation period, and shall not be considered rules subject to promulgation under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The policies, formulas and guidelines adopted by the board shall consider and include provisions for current operation and maintenance, textbooks  and instructional materials, school food services, pupil transportation, career and technical education, number of programs of pupils served, measurable pupil improvement, reduction of pupil dropouts, teacher training, experience and certification, pupil-teacher ratio, substitute teacher reimbursement, requirements prescribed by state laws, rules, regulations or other required costs, and inflation, and may include other elements deemed by the board to be necessary. Any changes in the basic education program components of the formula as approved by the board for the 1992-1993 fiscal year must first be approved by the commissioners of education and finance and administration;
      2. The board shall establish a review committee for the Tennessee basic education program (BEP). The committee shall include the executive director of the state board of education, 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 committee of the house of representatives, and the director of the office of legislative budget analysis, or their designees. The board shall appoint at least one (1) member from each of the following groups: 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 BEP review committee shall meet at least four (4) times a year and shall regularly review the BEP components, as well as identify needed revisions, additions, or deletions to the formula. The committee shall annually review the BEP instructional positions component, taking into consideration factors including, but not limited to, total instructional salary disparity among LEAs, differences in benefits and other compensation among LEAs, inflation, and instructional salaries in states in the southeast and other regions. The committee shall prepare an annual report on the BEP 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 committee of the house of representatives. This report shall include recommendations on needed revisions, additions, and deletions to the formula, as well as an analysis of instructional salary disparity among LEAs, including an analysis of disparity in benefits and other compensation among LEAs;
      1. Adopt policies governing:
        1. 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. Evaluation of teachers, principals, assistant principals, supervisors and directors of schools;
        3. Retraining and professional development; and
        4. Discipline of licensed personnel for misconduct by formal reprimand or by the suspension and revocation of licenses and certificates;
      2. The board may adopt a policy establishing levels of compensation that are correlated to levels and standards of teacher competency approved by the board;
    3. Set policies for graduation requirements in kindergarten through grade twelve (K-12);
    4. Set 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;
    5. Set policies governing all academic standards and courses of study in the public schools;
    6. 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;
    7. [Deleted by 2020 amendment.]
    8. Approve, disapprove or amend rules and regulations prepared by the commissioner to implement policies, standards or guidelines of the board in order to effectuate this section;
    9. Determine the ways and means of improving teacher, student and school performances, and to set policies to accomplish such improvements;
    10. Provide, in association with the commissioner, an annual report, no later than February 1, on teacher, student and school performance to the governor and to the general assembly;
    11. 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;
      1. 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. 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)(15);
      3. 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. 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)(15);
    12. The general assembly finds that, given the fact that the state provides substantial financial academic assistance to students of the state based on cumulative grade point averages and the fact that LEAs currently use a variety of grading scales, it is in the best interest of the students of the public schools that a uniform grading system be developed and adopted by the state board of education to be implemented in all public schools of the state. The state board of education is authorized to promulgate rules and regulations for the administration of this subdivision (a)(16);
    13. Develop 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
    14. Develop guidelines for the use of LEAs to strengthen personal finance standards, based on recommendations by the financial literacy commission pursuant to § 49-6-1704, and require that certain financial literacy concepts are included as a part of the standards for social studies approved by the board.
  2. All records, reports, studies, statistics and other information and materials of the department relative to the public school system shall be available upon request to the board and its executive director and other staff personnel, except such records as may be confidential by law.
  3. Standards, policies, recommendations and actions of the board shall be subject in all cases to availability of funds as appropriated by law.
    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).
      1. 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 shall 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 guidelines and criteria. The evaluations shall be a factor in employment decisions, including, but not necessarily limited to, promotion, retention, termination, compensation and the attainment of tenure status; however, nothing in this subdivision (d)(2)(A) shall require an LEA to use student achievement data based on state assessments as the sole factor in employment decisions.
        1. Fifty percent (50%) of the evaluation criteria developed pursuant to this subdivision (d)(2) shall be comprised of student achievement data.
        2. Thirty-five percent (35%) of the evaluation criteria shall be student achievement data based on student growth data as represented by the Tennessee Value-Added Assessment System (TVAAS), developed pursuant to part 6 of this chapter, or some other comparable measure of student growth, if no such TVAAS data is available.
        3. Fifteen percent (15%) 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.
        4. 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 adopted by the board pursuant to this subdivision (d)(2), then the student growth data shall comprise fifty percent (50%) of the teacher's or principal's evaluation, if such use results in a higher evaluation score for the teacher or principal.
        5. 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 adopted by the board pursuant to this subdivision (d)(2), then such student growth data may, at the discretion of the LEA and upon request of the teacher, comprise one hundred percent (100%) of the teacher's final evaluation score. If the LEA chooses to implement this subdivision (d)(2)(B)(v), it must do so for all teachers with individual growth data who request its implementation.
        6. 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%) of the teacher's evaluation, if such use results in a higher evaluation score for the teacher.
        7. 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. The board shall have the ultimate authority to determine, identify and adopt measures of student growth that are comparable to the TVAAS.
        9. By the 2019-2020 school year, in order to provide individual growth scores to teachers in non-tested grades and subjects, LEAs shall use at least one (1) appropriate alternative growth model that has been approved by the state board of education.
        10. 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.
      2. Other mandatory criteria for the evaluations shall include, but not necessarily be limited to, the following:
        1. Review of prior evaluations;
        2. Personal conferences to include discussion of strengths, weaknesses and remediation;
        3. Relative to teachers only, classroom or position observation followed by written assessment; and
        4. Relative to principals only, additional criteria pursuant to § 49-2-303(a)(1).
      3. 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.
      4. 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 evaluation score for the teacher.
      5. 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 evaluation score for the teacher.
      6. 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 school year. This subdivision (d)(2)(G) does not prohibit an LEA from evaluating teachers in non-tested grades and subjects using an alternative growth model for the 2019-2020 school year. If an LEA chooses to evaluate its teachers in non-tested grades and subjects using an alternative growth model for the 2019-2020 school year, then a teacher's evaluation score using the alternative growth model shall only be used to evaluate the teacher if such use results in a higher evaluation score for the teacher.
    2. 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.
    3. 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.
    4. The committee shall be subject to the governmental entity review law, compiled in title 4, chapter 29, and shall terminate on July 1, 2011.
    5. 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.
    6. 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.
    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. 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.
  4. 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.
  5. The commissioner shall recommend, and the board shall adopt, a policy to promote educator diversity. The policy must include:
    1. Strategies for LEAs to use in the recruitment and retention of minority educators;
    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. A plan to monitor educator diversity in the state.
  6. 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.
    1. The board, through the state department of education, shall enforce standards for:
      1. Care of children in any before or after school child care programs operated pursuant to § 49-2-203(b)(11);
      2. Child care provided by church affiliated schools as defined by § 49-50-801;
      3. Public school administered early childhood education programs;
      4. Child care provided in federally regulated programs including Title I preschools, all school administered head start and even start programs;
      5. State approved Montessori school programs; and
      6. Programs operated by private schools as defined by § 49-6-3001(c)(3).
      1. 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. 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.
    2. 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.
      1. 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.
        1. 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. 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).
      2. The members of the council shall serve without reimbursement except for their travel expenses as may be established by state travel regulations.
      3. 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.
        1. 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. 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. 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.
      4. 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.
      5. 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.
  7. 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.
  8. The state board of education shall create an endorsement in computer science for all teachers who demonstrate sufficient content knowledge in the course material, as determined by the state board of education.
  9. 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).
  10. 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.

Acts 1925, ch. 115, § 5; 1939, ch. 11, § 34; Shan. Supp., § 1487a25; Code 1932, § 2316; Acts 1933, ch. 142, § 1; 1935, ch. 186, § 1; 1947, ch. 96, § 1; 1947, ch. 113, §§ 1, 2; mod. C. Supp. 1950, §§ 255.56, 2316 (Williams, §§ 371.1, 2316); impl. am. Acts 1951, ch. 119, § 1 (Williams, § 2316a); Acts 1951, ch. 180, § 1; modified; impl. am. Acts 1953, ch. 85, § 1; impl. am. Acts 1955, ch. 17, § 1; Acts 1957, ch. 160, § 1; impl. am. Acts 1959, ch. 9, §§ 3, 14; impl. am. Acts 1961, ch. 97, § 3; impl. am. Acts 1965, ch. 30, § 1; Acts 1965, ch. 44, § 1; 1967, ch. 294, § 1; 1972, ch. 575, § 1; 1972, ch. 838, § 9; 1973, ch. 80, § 1; 1973, ch. 145, § 1; 1974, ch. 654, § 9; 1975, ch. 66, § 1; 1978, ch. 932, § 4; T.C.A. (orig. ed.), §§ 4-310, 49-107; Acts 1983, ch. 181, § 12; T.C.A. (orig. ed.), §§ 49-108, 49-112, 49-114; Acts 1984 (1st Ex. Sess.), ch. 6, § 4; 1984 (1st Ex. Sess.), ch. 7, §§ 79, 93; 1985, ch. 464, § 1; 1985, ch. 465, § 1; 1987, ch. 287, § 2; 1987, ch. 308, § 10; 1988, ch. 893, § 3; 1988, ch. 1006, § 1; 1990, ch. 948, §§ 1, 2; 1990, ch. 1074, § 1; 1992, ch. 535, §§ 2, 42, 57, 59, 60, 82; 1993, ch. 177, § 1; 1994, ch. 805, §§ 1, 2; 1996, ch. 935, § 1; 1996, ch. 987, § 1; 1998, ch. 993, § 1; 2000, ch. 698, § 1; 2000, ch. 981, § 39; 2001, ch. 227, § 1; 2002, ch. 766, § 1; 2004, ch. 670, §§ 3, 4; 2004, ch. 679, § 1; 2007, ch. 367, § 1; 2007, ch. 376, § 5; 2008, ch. 628, § 1; 2010 (1st Ex. Sess.), ch. 2, § 10; 2010, ch. 911, § 1; 2010, ch. 925, § 2; 2011, ch. 212, § 1; 2011, ch. 297, § 1; 2011, ch. 304, § 3; 2011, ch. 410, § 4(b); 2012, ch. 925, § 10; 2013, ch. 105, § 1; 2013, ch. 214, § 2; 2014, ch. 746, § 1; 2014, ch. 796, § 1; 2014, ch. 885, § 1; 2014, ch. 931, §§ 1, 2; 2014, ch. 981, §§ 22, 23; 2015, ch. 55, § 3; 2015, ch. 158, § 2–5; 2015, ch. 182, § 13; 2015, ch. 304, § 1; 2016, ch. 684, § 4; 2016, ch. 712, §§ 1-3; 2016, ch. 797, § 3; 2016, ch. 999, § 1; 2017, ch. 19, § 1; 2017, ch. 105, § 1; 2017, ch. 192, §§ 1-5; 2018, ch. 552, § 1; 2018, ch. 628, § 2; 2018, ch. 725, §§ 16-20; 2018, ch. 935, § 2; 2018, ch. 936, § 1; 2019, ch. 42, §§ 1-4; 2019, ch. 248, §§ 11, 12, 14; 2019, ch. 345, § 78; 2020, ch. 652, § 2; 2020, ch. 794, § 4.

Code Commission Notes.

Former subdivision (a)(12), concerning the duty of the board to approve actions by the state certification commission, was deleted as obsolete by the code commission in 2002.

Compiler's Notes. The child care advisory council, created by this section, terminates June 30, 2027. See §§ 4-29-112, 4-29-248.

Acts 2011, ch. 304, § 2 provided that notwithstanding § 4-29-112, or any other law to the contrary, the teacher evaluation advisory committee, created by § 49-1-302, shall terminate and shall cease all activities upon July 1, 2011.

Acts 1994, ch. 928 requested that the state board of education develop a pilot program for conflict management within the school system in cooperation with the board of education for the City of Memphis school system. The act further provided that no new personnel be employed to implement the program, but that existing school personnel may design a program for specific needs within the Memphis school system and act as conflict managers.

Acts 2002, ch. 766, § 3 provided that any funds or personnel currently involved in the regulation of schools covered by the provisions of that act shall be transferred from the department of human services to the department of education in accordance with an agreement between the commissioners of human services and education.

Acts 2004, ch. 670, § 9 provided that in reviewing the basic education program for fiscal year 2005-2006, the BEP review committee is requested to give special consideration to costs of enhanced services to address the needs of at-risk children, the cost of educating English language learners, including teachers, translators and related professions, and the development and implementation of a system-level fiscal capacity model.

Acts 2010 (1st Ex. Sess.), ch. 2, § 1 provided that the act shall be known and may be cited as the “Tennessee First to the Top Act of 2010.”

For the Preamble to the act concerning the prohibition against establishment of a special committee if there is a standing committee on the same subject, please refer to Acts 2011, ch. 410.

Pursuant to Article III, Section 18 of the Constitution of Tennessee, Acts 2014, ch. 746 took effect on April 21, 2014, for the purpose of promulgating rules and regulations.

Acts 2015, ch. 158, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Tennessee Teaching Evaluation Enhancement Act.”

Acts 2018, ch. 935, § 3 provided that the state board of education is authorized to promulgate rules to effectuate the purposes of this act. The rules shall be promulgated in accordance with title 4, chapter 5.

For the Preamble to the act concerning severe weather, tornadoes and the COVID-19 threat, see Acts 2020, ch. 652.

For the Preamble to the act concerning HOPE Lottery Scholarships and the Tennessee Promise and Reconnect programs, see Acts 2020, ch. 794.

Acts 2020, ch. 794, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Financial Aid Simplification for Tennesseans (FAST) Act”.

Acts 2020, ch. 652, § 13 provided that: “(a) The department of education shall promptly seek a waiver from the United States Department of Education, or seek to amend Tennessee's Every Student Succeeds Act (ESSA) Plan, as necessary and appropriate to implement chapter 652 of the Public Acts of 2020.

“(b) The state board of education shall promptly revise the high school graduation requirements for the 2019-2020 school year to ensure that high school seniors who were affected by school closures during the spring of the 2019-2020 school year do not fail to receive a high school diploma for which the student was on-track and otherwise eligible to receive on or before April 2, 2020.

“(c) The state board of education shall consult with the department of education, Tennessee higher education commission, and public institutions of higher education to develop guidance, resources, and opportunities for high school students who were enrolled in dual credit or dual enrollment courses during the spring of the 2019-2020 school year, and who were adversely affected by school closures due to COVID-19.

“(d) Notwithstanding Tennessee Code Annotated, Section 4-5-208(a):

“(1) The state board of education may promulgate emergency rules as necessary to address any issues created by school closures due to the outbreak of COVID-19 during the 2019-2020 school year. The rules must be promulgated according to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; and

“(2) The Tennessee student assistance corporation and public institutions of higher education may promulgate emergency rules to protect the financial aid and credit opportunities for high school students who were enrolled in dual credit or dual enrollment courses during the spring of the 2019-2020 school year, and who were adversely affected by school closures due to COVID-19.”

Amendments. The 2020 amendment by ch. 652 added (d)(2)(F) and (G).

The 2020 amendment by ch. 794 deleted (a)(10), which read: “Meet jointly with the higher education commission and the commissioner of education at least annually for the purpose of reviewing the expenditures and programs of public education;”.

Effective Dates. Acts 2020, ch. 652, § 14. April 2, 2020.

Acts 2020, ch. 794, § 70. August 1, 2020.

Cross-References. Administration of special schools, title 49, ch. 50, part 10.

Alternative schools of suspended or expelled students, see § 49-6-3402.

Basic personnel requirements, § 49-5-101.

Confidentiality of public records, § 10-7-504.

Sanders Model, value added assessment, § 49-1-603.

Law Reviews.

Tennessee's National Impact On Teacher Evaluation Law & Policy: An Assessment Of Value-Added Model Litigation, 13 Tenn. J. L. & Pol'y 523 (Winter 2019).

Updating Tennessee's Public Records Law (Douglas Pierce), 24 No. 5, Tenn. B.J. 24 (1988).

Attorney General Opinions. Value added assessment system, OAG 96-033, 1996 Tenn. AG LEXIS 29 (3/7/96).

Cost differential factor, revision, OAG 96-081, 1996 Tenn. AG LEXIS 91 (5/2/96).

Application for and administration of federal funds, OAG 97-086, 1997 Tenn. AG LEXIS 93 (5/28/97).

Curriculum guidelines exempt from uniform statutory rulemaking procedures, OAG 99-010, 1999 Tenn. AG LEXIS 4 (1/25/99).

School board authority to adopt uniform clothing policy, OAG 99-141, 1999 Tenn. AG LEXIS 167 (7/27/99).

The state may use overappropriated Better Education Program funds of approximately $13 million to pay for healthcare insurance increases for teachers, as one component of the program is state benefits and insurance, OAG 02-006, 2002 Tenn. AG LEXIS 6 (1/4/02).

Changes to the data sources in the Tennessee Advisory Commission on Intergovernmental Relations fiscal-capacity model must be adopted by the State Board of Education and approved by the Commissioners of Education and Finance and Administration. Legislative approval is not required for such changes, nor is approval of the Basic Education Program {BEP) Review Committee. OAG 20-01, 2020 Tenn. AG LEXIS 1 (1/10/2020).

NOTES TO DECISIONS

1. Applicability.

The Tennessee Board of Education's EPP Policy 5.504 was a rule within the meaning of the Tennessee Uniform Administrative Procedures Act, T.C.A. § 4-5-101 et seq., rather than a policy, because it affected more than the Board's internal management by dictating approval processes for organizations, which were not internal to the agency, and were beyond the scope of internal management. Bethel Univ. v. Tenn. State Bd. of Educ., — S.W.3d —, 2018 Tenn. App. LEXIS 469 (Tenn. Ct. App. Aug. 14, 2018).

2. Duties.

2. Duties.

Teacher claimed that the director of schools'  alleged libelous statement on her final report was not part of her duties covered under the statute because, at that point, she was no longer seeking his termination from employment; however, it was the duty of the State Board, not the local school system, to determine whether a teacher's license should be revoked, and because the director's reporting duties were part of the prosecutorial functions of her job, the teacher's claim lacked merit. Padgett v. Clarksville-Montgomery Cty. Sch. Sys., — S.W.3d —, 2018 Tenn. App. LEXIS 657 (Tenn. Ct. App. Nov. 9, 2018).

49-1-303. Lease of land to fraternities and sororities.

  1. The state board of education or the state board of regents may authorize the leasing of public lands under its jurisdiction to fraternities and sororities for a nominal consideration for a term not exceeding ninety-nine (99) years. A majority of the state governing board is authorized and empowered to direct the chair or chancellor to execute the leases for and on behalf of the state; provided, that they are approved by the governor and the attorney general and reporter. The lease shall not be assigned; neither shall the premises be sublet nor subleased without the prior written consent of the board or its designee. Prior to the commencement of the construction or installation of any improvement, the plans and specifications pertaining to the improvement shall be approved by the state governing board or its designee. Material alterations and all additions to the improvements constructed or installed on the premises must be approved by the state governing board or its designee prior to the commencement of the alteration or additions. The properties shall be operated and maintained in accordance with the rules and regulations promulgated by the state governing board. At the end of the term of any lease, and in the event that any lessee violates its lease agreement or any rule or regulation adopted pursuant to this section, or violates this section, the lease shall terminate by operation of law and the improved premises shall become the exclusive property of the state, and the state shall immediately enter and take possession of the property. The lease may contain a provision for an option to renew the lease upon the conditions that the premises are not needed to be used for other purposes in connection with the state's educational program when the lease expires or the building and improvements are in such a state of repair as to be suitable for occupancy without major repairs, remodeling or alterations in accordance with the generally accepted standards for housing prevailing at institutions of higher learning when the lease expires. If any lease is not renewed at the end of the term, the board 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 shall vest in the state, which shall take possession of the premises including the improvements upon the expiration of the term.
  2. Any construction or installation of any improvements upon the property of the state board of education or the state board of regents by a fraternity or sorority pursuant to a lease agreement with such board shall be exempt from § 4-15-102(c), and from 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.

Acts 1957, ch. 194, § 1; 1957, ch. 378, § 1; 1982, ch. 704, § 1; T.C.A., § 49-113; Acts 1998, ch. 704, §§ 1-6.

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

  1. The state board of education is authorized to cooperate with the federal government in the transfer of government surplus property, to any and all eligible departments and agencies of the state and local government, and to any and all other agencies eligible to receive surplus property under Public Law 152, 81st Congress (Act June 30, 1949, ch. 288, 63 Stat. 377) (40 U.S.C. § 1301 et seq.), and any and all other statutory laws now in effect or that may be enacted by the congress of the United States covering the disposal of United States government surplus property.
  2. The state board is authorized to take any and all action necessary for the proper administration of the surplus property program in the acquisition of and the distribution of government surplus properties to eligible claimants in this state, in accordance with the appropriate controlling federal statutes and regulations.
  3. 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.

Acts 1953, ch. 133, §§ 1-3 (Williams, § 2316b); T.C.A. (orig. ed.), §§ 49-808 — 49-810.

Compiler's Notes. The reference in this section to 40 U.S.C. § 751 et seq. was updated to reflect the current placement in  40 U.S.C. § 1301 et. seq.

49-1-305. Executive director — Staff.

  1. The state board of education is authorized to employ an executive director and other personnel it determines are necessary to provide it with staff support. The staff shall provide the necessary services to the board for the board to perform its duties. The executive director shall be hired by the board. Other staff personnel shall be hired by the executive director with the approval of the board. The position of executive director cannot be filled by an employee or official of any other department, agency or board, but must be responsible solely to the state board. The staff will be independent of all agencies or departments of state government and shall be subject only to the state board. For administrative purposes, however, the executive director and staff shall be administratively housed in the department of education. The executive director and staff shall have no responsibility for administering policies, rules or regulations, or the education laws of the state.
  2. The staff shall be subject to personnel regulations and policies that are applicable to state employees in general, such as leave, compensation, classification, travel regulations, etc. The sole authority to appoint, terminate and control staff employees shall remain with the board and the executive director as set out in this section, and the employees of the board shall not have state service status.
  3. The compensation of the executive director shall be fixed by the state board and the compensation shall not be less than the compensation provided for an assistant commissioner in the department of education. The compensation of other employees of the board shall be set by the executive director with the approval of the state board.
  4. The executive director shall be an ex officio, nonvoting member of the Tennessee higher education commission.

Acts 1984 (1st Ex. Sess.), ch. 6, § 5; 2012, ch. 800, § 49.

Compiler's Notes. Acts 2012, ch. 800, § 1 provided that the act, which amended subsection (b), shall be known and cited as the “Tennessee Excellence, Accountability, and Management (T.E.A.M.) Act of 2012.”

The Tennessee higher education commission, referred to in this section, was created by §  49-7-201.

Attorney General Opinions. Authority of the state board of education to set compensation.  OAG 11-81, 2011 Tenn. AG LEXIS 83 (12/5/11).

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 committee of the house of representatives.

Acts 1984 (1st Ex. Sess.), ch. 6, § 28; 2011, ch. 410, § 4(c); 2015, ch. 182, § 14; 2019, ch. 345, § 79.

Code Commission Notes.

Former subsections (a) and (b), concerning certain goals, were deleted as obsolete by the code commission in 2002.

Compiler's Notes. For the Preamble to the act concerning the prohibition against establishment of a special committee if there is a standing committee on the same subject, please refer to Acts 2011, ch. 410.

49-1-307. [Repealed.]

Acts 2009, ch. 309, § 1; 2011, ch. 410, § 4(d); 2015, ch. 182, § 15; repealed by Acts 2018, ch. 725, § 21, effective April 18, 2018.

Compiler's Notes. Former § 49-1-307 concerned the review of policies concerning employees or contractors recommending psychotropic drugs.

49-1-308. [Repealed.]

Acts 2013, ch. 351, § 1; 2015, ch. 182, § 16; repealed by Acts 2018, ch. 725, § 22, effective April 18, 2018.

Compiler's Notes. Former § 49-1-308 concerned a pilot program on enhanced accessibility of advanced placement and career and technical certification courses.

49-1-309. No educational standards to be imposed by federal government — Adoption of state educational standards — Joining testing consortium — Use of collected data.

  1. No educational standards shall be imposed on the state by the federal government. Any adoption of educational standards for the public schools of the state shall be done freely by the state board of education which, except as provided in subsection (b), may change, adjust or recede from a standard at any time.
  2. 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 committee of the house of representatives at least sixty (60) days before the state board meeting during which the final adoption of the proposed standard is to be considered. The state board may vote on adoption of standards or proposed changes or additions only at a public meeting at which a quorum is in attendance.
  3. 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 committee of the house of representatives and posts such notice on its website at least sixty (60) days before officially joining any such consortium.
  4. 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.

Acts 2014, ch. 905, § 1; 2015, ch. 182, §§ 17, 18; 2019, ch. 345, § 80.

Compiler's Notes.  For the preamble to the act concerning requirements for the adoption of educational standards and use of student data, please refer to Acts 2014, ch. 905.

Acts 2014, ch. 905, § 11 provided that the state board is authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

49-1-310. Implementation of process to review and replace Common Core State Standards — Cancellation of memorandum of understanding.

  1. The state board of education shall implement a process whereby the set of standards known as the Common Core State Standards adopted in 2010 will be reviewed and shall be replaced with new sets of standards adopted to fit the needs of Tennessee students. These postsecondary-and-workforce-ready standards shall be adopted through an open, transparent process that allows all Tennesseans an opportunity to participate. These standards shall be adopted and fully implemented in Tennessee public schools in the 2017-2018 school year.
  2. 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.

Acts 2015, ch. 423, § 1.

Code Commission Notes.

Acts 2015, ch. 423, § 1 enacted one section comprised of subsections (a)-(f). By authority of the Code Commission, this section has been codified as §§ 49-1-31049-1-314.  Subdivisions (a)(1) and (2) have been codified as (a) and (b) of this section.

Compiler's Notes. For the Preamble to the act concerning the development of new Tennessee academic standards, see Acts 2015, ch. 423.

49-1-311. Appointment of standards review and development committees and advisory teams — Website for public comment — Recommendations.

  1. As required by the current established process:
    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. 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. The public's assistance in reviewing the current standards and suggesting changes to the current standards shall be elicited through a website that shall allow comment by the public, as well as by educators, on the current standards. A third-party, independent educational resource, selected by the state board, shall collect all of the data and transmit all of the information gathered to the state board for dissemination to the appropriate advisory team for review and consideration;
    4. 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. 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).
    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 six (6) 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. Notwithstanding subdivision (b)(1), the state board may extend the six-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.
  2. 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.

Acts 2015, ch. 423, § 1; 2018, ch. 697, § 1; 2019, ch. 270, § 1.

Code Commission Notes.

Acts 2015, ch. 423, § 1 enacted one section comprised of subsections (a)-(f). By authority of the Code Commission, this section has been codified as §§ 49-1-310—49-1-314.  Subsection (b) has been codified as this section.

Compiler's Notes. For the Preamble to the act concerning the development of new Tennessee academic standards, see Acts 2015, ch. 423.

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

  1. 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. The standards recommendation committee shall make the final recommendations as to the new set of standards to the state board, which shall adopt sets of standards in English language arts and mathematics that fit the needs of Tennessee students in kindergarten through grade twelve (K-12).
  2. All 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.

Acts 2015, ch. 423, § 1.

Code Commission Notes.

Acts 2015, ch. 423, § 1 enacted one section comprised of subsections (a)-(f). By authority of the Code Commission, this section has been codified as §§ 49-1-310—49-1-314.  Subsections (c) and (f) have been codified as subsections (a) and (b), respectively, of this section.

Compiler's Notes. For the Preamble to the act concerning the development of new Tennessee academic standards, see Acts 2015, ch. 423.

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

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. The standards recommendation committee shall make the final recommendations as to the revision and replacement of the current sets of standards in these subject areas to the state board, which shall adopt sets of standards in science and social studies that fit the needs of Tennessee students in kindergarten through grade twelve (K-12).

Acts 2015, ch. 423, § 1.

Code Commission Notes.

Acts 2015, ch. 423, § 1 enacted one section comprised of subsections (a)-(f). By authority of the Code Commission, this section has been codified as §§ 49-1-310—49-1-314.  Subsection (d) has been codified as this section.

Compiler's Notes. For the Preamble to the act concerning the development of new Tennessee academic standards, see Acts 2015, ch. 423.

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.

Acts 2015, ch. 423, § 1.

Code Commission Notes.

Acts 2015, ch. 423, § 1 enacted one section comprised of subsections (a)-(f). By authority of the Code Commission, this section has been codified as §§ 49-1-310—49-1-314.  Subsection (e) has been codified as this section.

Compiler's Notes. For the Preamble to the act concerning the development of new Tennessee academic standards, see Acts 2015, ch. 423.

49-1-315. [Repealed.]

Acts 2016, ch. 961, § 1; repealed by Acts 2019, ch. 248, § 15, effective May 2, 2019.

Compiler's Notes. Former § 49-1-315 concerned the program for recognition of 501(c)(3) nonprofit corporations for purpose of assisting LEAs through selection and appointment of volunteers.

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.”

Acts 1989, ch. 322, § 2.

Cross-References. Alcohol and drug abuse and dependence treatment, title 68, ch. 24.

Drug Control Act of 1989, title 39, ch. 17, part 4.

Use of drug law confiscations and fines to promote DARE program, or other drug abuse prevention programs, § 39-17-420.

49-1-402. Implementation of program — Methods and materials.

  1. The state board of education, in conjunction with the department of safety, may implement the curriculum for a statewide drug abuse resistance education (DARE) program to be taught by qualified and trained law enforcement officers in local schools within the state.
  2. The state board and the department may consider and adopt training methods and materials developed for the DARE America program or a comparable program approved by the department.
  3. 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.

Acts 1989, ch. 322, § 3; 1990, ch. 931, § 2.

Cross-References. Abuse prevention pilot programs, § 33-10-104.

49-1-403. Training of law enforcement officers.

  1. The department of safety shall adopt standards and qualifications, in accordance with the requirements of the DARE America program, of law enforcement officers who apply for training as instructors in the DARE program.
  2. 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.

Acts 1989, ch. 322, § 4.

49-1-404. State board of education — Powers.

The state board of education may:

  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. Approve the usage of textbooks and other educational materials to be used by students enrolled in DARE courses; and
  3. Authorize LEAs to include DARE curricula among the courses offered within area schools.

Acts 1989, ch. 322, § 5.

49-1-405. Similar and comparable programs.

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.

Acts 1989, ch. 322, § 6.

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.

Acts 1989, ch. 322, § 7.

49-1-407. Duties of department of safety — Drug abuse programs.

It is the responsibility of the department of safety to:

  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. 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.

Acts 1992, ch. 910, § 1.

49-1-408. Statewide DARE club established — Purpose.

  1. The state board of education, in consultation with the commissioner of safety, shall establish a statewide DARE club in which any student in grades six through twelve (6-12) may join and participate. Each LEA, middle school, junior high school or high school desiring to do so may form a chapter of the statewide DARE club.
  2. The primary purpose of the DARE club shall be to continue and reinforce the drug abuse resistance education the students may have received in kindergarten through grade six (K-6).
  3. 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.

Acts 1994, ch. 783, § 1.

Part 5
Dropout Prevention [Repealed]

49-1-501. [Repealed.]

Acts 1990, ch. 996, § 1; repealed by Acts 2018, ch. 725, § 23, effective April 18, 2018.Acts 1990, ch. 996, §§ 1-8; 1990, ch. 1057, § 1; 1996, ch. 1079, § 183; 1997, ch. 518, § 2; 2007, ch. 517, § 1; 2010, ch. 1100, § 72; 2012, ch. 575, § 2; repealed by Acts 2018, ch. 725, § 23, effective April 18, 2018.

Compiler's Notes. Former part 5, §§ 49-1-50149-1-520, concerned dropout prevention.

49-1-502. [Repealed.]

Acts 1990, ch. 996, § 2; 1996, ch. 1079, § 183; repealed by Acts 2018, ch. 725, § 23, effective April 18, 2018.

Compiler's Notes. Former part 5, §§ 49-1-50149-1-520, concerned dropout prevention.

49-1-503. [Repealed.]

Acts 1990, ch. 996, § 3; 1996, ch. 1079, § 183; repealed by Acts 2018, ch. 725, § 23, effective April 18, 2018.

Compiler's Notes. Former part 5, §§ 49-1-50149-1-520, concerned dropout prevention.

49-1-504. [Repealed.]

Acts 1990, ch. 996, § 4; 1996, ch. 1079, § 183; repealed by Acts 2018, ch. 725, § 23, effective April 18, 2018.

Compiler's Notes. Former part 5, §§ 49-1-50149-1-520, concerned dropout prevention.

49-1-505. [Repealed.]

Acts 1990, ch. 996, § 5; 1996, ch. 1079, § 183; repealed by Acts 2018, ch. 725, § 23, effective April 18, 2018.

Compiler's Notes. Former part 5, §§ 49-1-50149-1-520, concerned dropout prevention.

49-1-506. [Repealed.]

Acts 1990, ch. 996, § 6; repealed by Acts 2018, ch. 725, § 23, effective April 18, 2018.

Compiler's Notes. Former part 5, §§ 49-1-50149-1-520, concerned dropout prevention.

49-1-507. [Repealed.]

Acts 1990, ch. 996, § 7; repealed by Acts 2018, ch. 725, § 23, effective April 18, 2018.

Compiler's Notes. Former part 5, §§ 49-1-50149-1-520, concerned dropout prevention.

49-1-508. [Repealed.]

Acts 1990, ch. 996, § 8; repealed by Acts 2018, ch. 725, § 23, effective April 18, 2018.

Compiler's Notes. Former part 5, §§ 49-1-50149-1-520, concerned dropout prevention.

49-1-509 — 49-1-519. [Repealed.]

Compiler's Notes. Former part 5, §§ 49-1-50149-1-520, concerned dropout prevention.

49-1-520. [Repealed.]

Acts 1990, ch. 1057, § 1; 1997, ch. 518, § 2; 2007, ch. 517, § 1; 2010, ch. 1100, § 72; 2012, ch. 575, § 2; repealed by Acts 2018, ch. 725, § 23, effective April 18, 2018.

Compiler's Notes. Former part 5, §§ 49-1-50149-1-520, concerned dropout prevention.

Part 6
Performance Goals and Assessment

49-1-601. Assignment of student for purpose of calculating graduation rate.

  1. 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. 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.

Acts 2017, ch. 177, § 6.

Compiler's Notes. Former § 49-1-601, (Acts 1992, ch. 535, § 4; 2004, ch. 832, § 1; 2004, ch. 928, §§ 1-5; repealed by Acts 2012, ch. 962, § 1, effective May 10, 2012), concerned the state board of education establishing performance goals at the local level.

49-1-602. Performance designations for LEAs based on performance goals and measures.

    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. 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. Be identified by the department on a public list of LEAs earning the highest accountability determination; and
      2. When permissible by law, rule or regulation, be granted increased latitude in funding flexibility by the department.
    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. Placement on a public list of LEAs earning the lowest accountability determination; and
      2. 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. 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. 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.
    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. 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 (1/3) 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. Turnaround through an LEA-led intervention or other school improvement process, subject to approval by the commissioner;
      2. School turnaround under the governance of an LEA innovation zone pursuant to subsection (c); or
      3. 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. By October 1 of the year prior to the public identification of priority schools pursuant to subdivision (b)(1), the commissioner shall notify any school and its respective LEA if the school is among the bottom ten percent (10%) of schools in overall achievement as determined by the performance standards and other criteria set by the state board.
    4. 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. 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. 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. Be based on a school-level needs assessment;
      2. Include evidence-based interventions;
      3. 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. Include a review of LEA and school-level resources;
      5. Be developed by the school and LEA and approved by the commissioner; and
      6. Be monitored and evaluated annually by the department.
  1. 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. 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. Allow schools under the governance of the innovation zone office to have maximum autonomy over financial, programmatic and staffing decisions.
  2. The department of education, when publishing the list of priority schools, shall:
    1. List all schools in the state in order by success rate from the highest to the lowest; and
    2. List all schools in each county and each LEA in order by success rate from the highest to the lowest.

Acts 1992, ch. 535, § 4; 1997, ch. 434, § 2; 2002, ch. 860, §§ 1-7; 2003, ch. 404, § 2; 2004, ch. 680, §§ 1, 2; 2004, ch. 928, §§ 6, 7; 2007, ch. 11, §§ 1-3; 2007, ch. 376, §§ 1, 8; 2008, ch. 1006, § 1; 2010 (1st Ex. Sess.), ch. 2, §§ 2-6; 2012, ch. 962, § 2; 2015, ch. 361, § 1; 2015, ch. 390, § 1; 2016, ch. 916, § 1; 2017, ch. 177, §§ 1-4; 2018, ch. 881, § 4; 2020, ch. 652, § 6.

Compiler's Notes. Acts 2003, ch. 404, § 1 provided that the title of the act is, and may be cited as, the “Inner City Educational Enhancement Pilot Project Act of 2003.”

Acts 2010 (1st Ex. Sess.), ch. 2, § 1 provided that the act shall be known and may be cited as the “Tennessee First to the Top Act of 2010.”

Acts 2012, ch. 962, § 7 provided that the state board of education is authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2018, ch. 881, § 5 provided that for the 2017-2018 school year, LEAs shall not base employment termination and compensation decisions for teachers on data generated by statewide assessments administered in the 2017-2018 school year.

For the Preamble to the act concerning severe weather, tornadoes and the COVID-19 threat, see Acts 2020, ch. 652.

Acts 2020, ch. 652, § 13 provided that: “(a) The department of education shall promptly seek a waiver from the United States Department of Education, or seek to amend Tennessee's Every Student Succeeds Act (ESSA) Plan, as necessary and appropriate to implement chapter 652 of the Public Acts of 2020.

“(b) The state board of education shall promptly revise the high school graduation requirements for the 2019-2020 school year to ensure that high school seniors who were affected by school closures during the spring of the 2019-2020 school year do not fail to receive a high school diploma for which the student was on-track and otherwise eligible to receive on or before April 2, 2020.

“(c) The state board of education shall consult with the department of education, Tennessee higher education commission, and public institutions of higher education to develop guidance, resources, and opportunities for high school students who were enrolled in dual credit or dual enrollment courses during the spring of the 2019-2020 school year, and who were adversely affected by school closures due to COVID-19.

“(d) Notwithstanding Tennessee Code Annotated, Section 4-5-208(a):

“(1) The state board of education may promulgate emergency rules as necessary to address any issues created by school closures due to the outbreak of COVID-19 during the 2019-2020 school year. The rules must be promulgated according to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; and

“(2) The Tennessee student assistance corporation and public institutions of higher education may promulgate emergency rules to protect the financial aid and credit opportunities for high school students who were enrolled in dual credit or dual enrollment courses during the spring of the 2019-2020 school year, and who were adversely affected by school closures due to COVID-19.”

Amendments. The 2020 amendment added (a)(5).

Effective Dates. Acts 2020, ch. 652, § 14. April 2, 2020.

Attorney General Opinions. The Commissioner has authority to manage, directly or indirectly, the day-to-day operations of any school or any grade configuration of any school that has been placed in the Achievement School District (ASD) as that school existed when it was assigned priority status.  But there is nothing that gives the Commissioner or the ASD authority to allow an already under-performing school in the ASD to serve grades in addition to the ones it was serving when it was assigned priority status and placed in the ASD.    OAG 17-19, 2017 Tenn. AG LEXIS 18 (3/13/2017).

49-1-603. Value added assessment system.

  1. “Value added assessment” means:
    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. The statistical system will use available and appropriate data as input to account for differences in prior student attainment, such that the impact that the teacher, school and school district have on the educational progress of students may be estimated on a student attainment constant basis. The impact that a teacher, school or school district has on the progress, or lack of progress, in educational advancement or learning of a student is referred to hereafter as the “effect” of the teacher, school, or school district on the educational progress of students.
  2. The statistical system shall have the capability of providing mixed model methodologies that provide for best linear unbiased prediction for the teacher, school and school district effects on the educational progress of students. It must have the capability of adequately providing these estimates for the traditional classroom of one (1) teacher teaching multiple subjects to the same group of students, as well as team taught groups of students or other teaching situations, as appropriate.
  3. 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.

Acts 1992, ch. 535, § 4; 2016, ch. 999, § 2.

Attorney General Opinions. Teacher evaluations, OAG 96-033, 1996 Tenn. AG LEXIS 29 (3/7/96).

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. “A Unified Approach to Mixed Linear Models,” McLean, Sanders, and Stroup; The American Statistician,  February 1991; Vol. 45, No. 1;
  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. “Analysis of Variance in the Mixed Model: Higher Level, Nonhomogeneous, and Random Regressions,” Henderson; Biometrics,  September 1982; No. 38, 623-640;
  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. “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. “The Analysis of Unbalanced Linear Models with Variance Components,” Engel; Statistica Neerlandica,  1990; Vol. 44, No. 4.

Acts 1992, ch. 535, § 4.

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

  1. By July 1 of each year, data from the Tennessee comprehensive assessment program (TCAP) tests, or their future replacements, will be used to provide an estimate of the statistical distribution of school district effects on the educational progress of students for grades three through eight (3-8).
  2. 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).

Acts 1992, ch. 535, § 4.

49-1-606. Annual estimates of teacher effects on student progress in grades three through eight (3-8).

  1. 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.
    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. 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.

Acts 1992, ch. 535, § 4; 1995, ch. 427, § 1; 1997, ch. 141, § 1; 2001, ch. 243, § 1; 2010 (1st Ex. Sess.), ch. 2, §§ 7, 8; 2012, ch. 703, § 1; 2013, ch. 105, § 2; 2014, ch. 873, § 1; 2017, ch. 192, § 6.

Compiler's Notes. Acts 2001, ch. 243, § 2 provided that it is the intent of the legislature for the department of education to provide the score data to local education agencies before the end of the school year.

Acts 2010 (1st Ex. Sess.), ch. 2, § 1 provided that the act shall be known and may be cited as the “Tennessee First to the Top Act of 2010.”

Cross-References. Confidentiality of public records, § 10-7-504.

Attorney General Opinions. Teacher evaluations, OAG 96-033, 1996 Tenn. AG LEXIS 29 (3/7/96).

Confidentiality of specific teacher effects, OAG 97-055, 1997 Tenn. AG LEXIS 48 (4/23/97).

There are no federal or state constitutional or statutory provisions which would prohibit limited English proficiency, English as a second language, or English Language learners from taking the Tennessee comprehensive assessment program annual achievement tests until they achieve some level of English proficiency, OAG 01-164, 2001 Tenn. AG LEXIS 166 (11/13/01).

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

Any person found to have not followed 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 shall be placed on immediate suspension, and such actions will be grounds for dismissal, including dismissal of tenured employees. Such actions shall be grounds for revocation of state license.

Acts 1992, ch. 535, § 4.

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 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 committee of the house of representatives at such times as valid tests are developed that effectively measure performance in such subjects.

Acts 1992, ch. 535, § 4; 1997, ch. 434, § 3; 1998, ch. 833, § 1; 2011, ch. 410, § 4(e); 2014, ch. 981, § 24; 2015, ch. 182, § 19; 2019, ch. 345, § 81.

Compiler's Notes. Former subsection (b), requiring the use of new tests, was transferred to § 49-1-610 in 1993.

For the Preamble to the act concerning the prohibition against establishment of a special committee if there is a standing committee on the same subject, please refer to Acts 2011, ch. 410.

Law Reviews.

Adding It Up: Implications of Tennessee's New High School Transition Policy and Graduation Requirements for Students with Disabilities (Kenlyn Foster-Spence), 76 Tenn. L. Rev. 447 (2009).

49-1-609. [Reserved.]

  1. All tests used in accordance with this part shall be equivalent tests. Each year, at least thirty percent (30%) of items on each test must be fresh, nonredundant items that did not appear on that test in the previous two (2) years. The commissioner shall ensure that assessments used to measure academic progress required by this chapter meet acceptable standards of reliability and appropriately measure students at all levels of achievement.
  2. 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.

Acts 1992, ch. 535, § 4; T.C.A., § 49-1-608(b); Acts 2004, ch. 928, § 8; 2018, ch. 895, § 1; 2020, ch. 532, § 1.

Compiler's Notes. Acts 2018, ch. 895, § 2 provided that the act, which amended this section, shall apply to tests administered in the 2018-2019 school year and school years thereafter.

Amendments. The 2020 amendment added (b).

Effective Dates. Acts 2020, ch. 532, § 2. March 10, 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 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 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.

Acts 1998, ch. 737, § 4; 2011, ch. 410, § 4(f), (g); 2012, ch. 925, § 6; 2015, ch. 182, § 20; 2019, ch. 345, § 82.

Compiler's Notes. For the Preamble to the act concerning the prohibition against establishment of a special committee if there is a standing committee on the same subject, please refer to Acts 2011, ch. 410.

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.

Acts 2001, ch. 213, § 1; 2009, ch. 262, § 3; 2016, ch. 999, §  3; 2017, ch. 177, § 7.

Law Reviews.

Adding It Up: Implications of Tennessee's New High School Transition Policy and Graduation Requirements for Students with Disabilities (Kenlyn Foster-Spence), 76 Tenn. L. Rev. 447 (2009).

49-1-613. Annual school improvement plans.

  1. 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 basic education program (BEP) as the result of changes made in the BEP formula for school year 2007-2008 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. Developing school or content-based professional development;
    2. Developing teacher induction programs;
    3. Increasing the number of reading and math specialists;
    4. Increasing classroom equipment and supplies;
    5. Reducing class size;
    6. Using targeted tutoring and remediation;
    7. Increasing numbers of school counselors and social workers;
    8. Providing principal professional development;
    9. Using enhanced technology for remediation and retesting;
    10. Employing school attendance officers;
    11. Reorganizing the school day instructional time; and
    12. Implementing a standards-based curriculum and associated instructional strategies.
  2. The department of education shall have the primary responsibility for collecting, evaluating, approving and monitoring system and school improvement plans.

Acts 2007, ch. 376, § 2; 2011, ch. 297, § 2; 2012, ch. 925, § 11; 2015, ch. 182, § 21; 2016, ch. 684, § 5; 2017, ch. 205, § 1.

49-1-614. Achievement school district.

  1. The “achievement school district” or “ASD” is an organizational unit of the department of education, established and administered by the commissioner for the purpose of providing oversight for the operation of schools assigned to or authorized by the ASD.
  2. 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.
    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. 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. Prior to the assignment of a school to the ASD, the commissioner shall consider geographic clusters of qualifying schools and feeder patterns with multiple eligible schools.
    4. Nothing shall prohibit the ASD from establishing an alternative school to serve students assigned to the ASD.
    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 equal to the per student state and local funds received by the department or LEA for the students enrolled in the ASD school. 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 and ESEA funds. All funding allocations and disbursements shall be in accordance with procedures developed by the department.
    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. 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.
  3. 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.
  4. 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.
    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. 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. 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.
  5. 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.
  6. 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.
  7. 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. Federal and state civil rights;
    2. Federal, state and local health and safety;
    3. Federal and state public records;
    4. Immunizations;
    5. Possession of weapons on school grounds;
    6. Background checks and fingerprinting of personnel;
    7. Federal and state special education services;
    8. Student due process;
    9. Parental rights;
    10. Federal and state student assessment and accountability;
    11. Open meetings; and
    12. At least the same equivalent time of instruction as required in regular public schools.
    1. A school that has been removed from the LEA and placed in the ASD shall 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 no school shall remain in the ASD for more than a ten-year period. After the school improves student performance such that the school is no longer identified as a priority school for two (2) consecutive cycles, the commissioner, in consultation with the LEA, shall develop and approve a transition plan for the purpose of planning the school's return to the LEA. 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 children enrolled at the school demonstrate support for remaining in the ASD by signing a petition, then the school shall remain in the ASD and shall return to the LEA after the LEA is no longer identified as an LEA earning the lowest accountability determination.
    2. Notwithstanding subdivision (k)(1) or any other provision to the contrary, if a school enters the ASD and is operated as a charter school through authorization by the ASD pursuant to § 49-13-106, the ASD shall remain the chartering authority through the duration of the charter agreement and the school shall remain under the authority of the ASD. Upon expiration of the charter agreement, the school shall return to the LEA and the terms of the charter agreement may be renewed upon submission of a renewal application by the governing body of the charter school to the LEA under the provisions outlined in § 49-13-121.
    3. Notwithstanding subdivision (k)(1) or any other provision to the contrary, the commissioner shall have the authority to remove any school from the jurisdiction of the ASD at any time.
    4. Notwithstanding subdivisions (k)(1)-(3), a school that has been placed in the ASD shall remain in the ASD until the school is authorized to return to the school's LEA according to the transition plan developed by the commissioner pursuant to this subdivision (k)(4). The commissioner shall develop a transition plan for the purpose of planning the return, no earlier than the 2024-2025 school year, of schools in the ASD to the LEAs from which the schools were removed. The commissioner shall submit the plan developed pursuant to this subdivision (k)(4) to the education committees of the senate and house of representatives by January 1, 2021.
  8. 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.
  9. 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.
  10. 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.
  11. The ASD shall adopt an appropriate dress code for its professional employees.

Acts 2010 (1st Ex. Sess.), ch. 2, § 9; 2011, ch. 378, § 8; 2012, ch. 901, § 1; 2012, ch. 962, § 6; 2012, ch. 1094, § 1; 2013, ch. 263, § 1; 2017, ch. 177, §§ 8, 9; 2020, ch. 777, § 1.

Code Commission Notes.

Acts 2010, ch. 1127, § 1 purported to enact a new section § 49-1-614. Sections 49-1-61449-1-616 were previously enacted by Acts 2010 (1st Ex. Sess.), ch. 2, §§ 9, 14, 15; therefore, the enactment by Acts 2010, ch. 1127, § 1 was designated as § 49-1-617 by the code commission.

Compiler's Notes. Acts 2010 (1st Ex. Sess.), ch. 2, § 1 provided that the act shall be known and may be cited as the “Tennessee First to the Top Act of 2010.”

Acts 2011, ch. 378, § 4 provided that nothing in the act shall be construed to abridge or impair a contract or agreement governing terms and conditions of professional service entered into by a board of education and a recognized professional employees' organization under the Education Professional Negotiations Act before June 1, 2011. Any such contract or agreement shall remain in full force and effect until the expiration of the contract or agreement.

Acts 2012, ch. 962, § 7 provided that the state board of education is authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Amendments. The 2020 amendment added (k)(4).

Effective Dates. Acts 2020, ch. 777, § 2. July 15, 2020.

Attorney General Opinions. If the commissioner of education assigns a priority school that does not serve all grades pre-K through twelve to the Achievement School District, there are no circumstances under which the school may subsequently add grades other than those that the priority school served when it was assigned to the Achievement School District. Once a school has been placed in the Achievement School District the school itself may not add grades because it has no independent control over its operations while it is in the Achievement School District.  OAG 16-50, 2016 Tenn. AG LEXIS 49 (12/30/2016).

Once a school has been placed in the Achievement School District the school itself may not add grades because it has no independent control over its operations while it is in the ASD. OAG 17-01, 2017 Tenn.  AG LEXIS 1 (1/5/2017).

The Commissioner has authority to manage, directly or indirectly, the day-to-day operations of any school or any grade configuration of any school that has been placed in the Achievement School District (ASD) as that school existed when it was assigned priority status.  But there is nothing that gives the Commissioner or the ASD authority to allow an already under-performing school in the ASD to serve grades in addition to the ones it was serving when it was assigned priority status and placed in the ASD. OAG 17-19, 2017 Tenn. AG LEXIS 18 (3/13/2017).

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.

Acts 2010 (1st Ex. Sess.), ch. 2, § 14.

Compiler's Notes. Acts 2010 (1st Ex. Sess.), ch. 2, § 1 provided that the act shall be known and may be cited as the “Tennessee First to the Top Act of 2010.”

49-1-616. [Repealed.]

Acts 2010 (1st Ex. Sess.), ch. 2, § 15; repealed by Acts 2018, ch. 725, § 24, effective April 18, 2018.

Compiler's Notes. Former § 49-1-616 concerned  annual reports on Race to the Top funds awarded to each LEA and achievement school district.

49-1-617. Development of policy by which student scores on achievement tests comprise percentage of final grade in certain subjects in grades three through eight — Optional policy for grades nine through twelve.

  1. Each local board of education shall develop a policy by which student scores on the Tennessee comprehensive assessment program's grades three through eight (3-8) achievement tests shall comprise a percentage of the student's final grade for the spring semester in the subject areas of mathematics, English language arts, science, and social studies. In the 2017-2018 school year and each school year thereafter, the local board shall determine the percentage within a range of zero percent (0%) to no more than twenty-five percent (25%) for grades three through five (3-5), and within a range of no less than ten percent (10%) to no more than twenty-five percent (25%) for grades six through eight (6-8).
  2. Notwithstanding subsection (a), if an LEA does not receive its students' TCAP scores, including all achievement test and end-of-course examination scores for grades nine through twelve (9-12), at least five (5) instructional days before the end of the course, then the LEA may choose not to include its students' TCAP scores, including all achievement test and end-of-course examination scores for grades nine through twelve (9-12), in the students' final grades in the subject areas of mathematics, English language arts, science, and social studies.
  3. Notwithstanding subsection (a), each local board of education may choose the percentage within the range of zero percent (0%) to fifteen percent (15%) that scores from the TNReady assessments administered in the 2017-2018 school year shall count on a student's final grade for the spring semester.
  4. 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.

Acts 2010, ch. 1127, § 1; 2015, ch. 256, § 1; 2017, ch. 192, § 7; 2018, ch. 817, § 1; 2018, ch. 881, § 2; 2020, ch. 652, § 4.

Code Commission Notes.

Acts 2010, ch. 1127, § 1 purported to enact a new section § 49-1-614. Sections 49-1-61449-1-616 were previously enacted by Acts 2010 (1st Ex. Sess.), ch. 2, §§ 9, 14, 15; therefore, the enactment by Acts 2010, ch. 1127, § 1 was designated as § 49-1-617 by the code commission.

Compiler's Notes. Acts 2018, ch. 881, § 5 provided that for the 2017-2018 school year, LEAs shall not base employment termination and compensation decisions for teachers on data generated by statewide assessments administered in the 2017-2018 school year.

For the Preamble to the act concerning severe weather, tornadoes and the COVID-19 threat, see Acts 2020, ch. 652.

Acts 2020, ch. 652, § 13 provided that: “(a) The department of education shall promptly seek a waiver from the United States Department of Education, or seek to amend Tennessee's Every Student Succeeds Act (ESSA) Plan, as necessary and appropriate to implement chapter 652 of the Public Acts of 2020.

“(b) The state board of education shall promptly revise the high school graduation requirements for the 2019-2020 school year to ensure that high school seniors who were affected by school closures during the spring of the 2019-2020 school year do not fail to receive a high school diploma for which the student was on-track and otherwise eligible to receive on or before April 2, 2020.

“(c) The state board of education shall consult with the department of education, Tennessee higher education commission, and public institutions of higher education to develop guidance, resources, and opportunities for high school students who were enrolled in dual credit or dual enrollment courses during the spring of the 2019-2020 school year, and who were adversely affected by school closures due to COVID-19.

“(d) Notwithstanding Tennessee Code Annotated, Section 4-5-208(a):

“(1) The state board of education may promulgate emergency rules as necessary to address any issues created by school closures due to the outbreak of COVID-19 during the 2019-2020 school year. The rules must be promulgated according to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; and

“(2) The Tennessee student assistance corporation and public institutions of higher education may promulgate emergency rules to protect the financial aid and credit opportunities for high school students who were enrolled in dual credit or dual enrollment courses during the spring of the 2019-2020 school year, and who were adversely affected by school closures due to COVID-19.”

Amendments. The 2020 amendment added (d).

Effective Dates. Acts 2020, ch. 652, § 14. April 2, 2020.

Attorney General Opinions. Authority to Waive Requirements of T.C.A. § 49-1-617, OAG 14-68, 2014 Tenn. AG Lexis 68 (7/2/14)

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. The length of the review period; provided, that no review period shall be less than ten (10) business days;
  2. Identification of specific data that shall not be released during the review period; and
  3. A process for the LEA to verify the accuracy of the data.

Acts 2018, ch. 715, § 1.

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.”

Acts 2014, ch. 905, § 3.

Code Commission Notes.

Former part 7, §§ 49-1-70149-1-703, concerning the summer science enrichment pilot program, was deleted as obsolete by the code commission in 2009.

Compiler's Notes. For the preamble to the act concerning requirements for the adoption of educational standards and use of student data, please refer to Acts 2014, ch. 905.

Acts 2014, ch. 905, § 11 provided that the state board is authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

49-1-702. Part definitions.

As used in this part:

  1. “Aggregate data” means data collected or reported at the group, cohort or institutional level;
  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. “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. 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. 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. Gathered by an operator through the operation of its site, service, or application for K-12 school purposes and personally identifies a student;
  4. “Data system” means the body of student data collected by the department of education;
  5. “De-identified data” means a student dataset in which parent and student identifying information, including the personal identification number, has been removed;
  6. “Department” means the department of education;
  7. “FERPA” means the federal Family Educational Rights and Privacy Act (20 U.S.C. § 1232g);
  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. “K-12 school” means a school that offers any of the grades kindergarten through twelve (K-12) and is operated by an LEA;
  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. “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. “Persistent unique identifier” means a unique reference number used as an identifier in computer software that is stored across different usage sessions;
  13. “Personal identification number” means the unique student identifier assigned to a student under § 49-6-5101;
  14. “State board” means the state board of education;
    1. “Student data” means data collected or reported at the individual student level that is included in a student’s educational record;
    2. “Student data” includes:
      1. State and national assessment results, including information on untested public school students;
      2. Course taking and completion, credits earned and other transcript information;
      3. Course grades and grade point average;
      4. Date of birth, grade level and expected graduation date or graduation cohort;
      5. Degree, diploma, credential attainment and other school exit information such as receipt of the GED(R) and drop-out data;
      6. Attendance and mobility;
      7. Data required to calculate the federal four-year adjusted cohort graduation rate, including sufficient exit and drop-out information;
      8. Discipline reports limited to objective information sufficient to produce the federal Title IV annual incident report;
      9. Remediation;
      10. Special education data; and
      11. Demographic data and program participation information; and
    3. Unless included in a student’s educational record, “student data” does not include:
      1. Juvenile delinquency records;
      2. Criminal records;
      3. Medical and health records;
      4. Student social security number; and
      5. Student biometric information;
  15. “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
  16. “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.

Acts 2014, ch. 905, § 4; 2016, ch. 757, § 2.

Code Commission Notes.

Former part 7, §§ 49-1-70149-1-703, concerning the summer science enrichment pilot program, was deleted as obsolete by the code commission in 2009.

Compiler's Notes. For the preamble to the act concerning requirements for the adoption of educational standards and use of student data, please refer to Acts 2014, ch. 905.

Acts 2014, ch. 905, § 11 provided that the state board is authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

For the Preamble to the act, which amended this section, concerning the need to address student privacy concerns relating to online services, please refer to Acts 2016, ch. 757.

Acts 2016, ch. 757, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Student Online Personal Protection Act”.

Amendments. The 2016 amendment added the definitions of “Covered information”, “Interactive computer service”, “K-12 school”, “K-12 school purposes”, “Operator”, “Persistent unique identifier”, and “Targeted advertising”.

49-1-703. Duties of board.

The state board of education shall:

  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. 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. Access to student and de-identified data in the student data system is restricted to:
      1. The authorized staff of the department and the department's contractors who require access to perform their assigned duties;
      2. LEA administrators, teachers, school personnel and the LEA's contractors who require access to perform their assigned duties;
      3. Students and their parents; provided, however, that a student or the student's parents may only access the student's individual data;
      4. 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 committee of the house of representatives, and post such notice on the department's website;
      5. 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 committee of the house of representatives, and post such notice on the department's website;
      6. Appropriate entities in compliance with a lawfully issued subpoena or court order; or
      7. Appropriate officials in connection with an interagency audit or evaluation of a federal or state supported education program;
    2. The department uses only aggregate data in public reports or in response to public record requests in accordance with subdivision (3);
      1. 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. Unless otherwise approved by the state board or permitted in this part, student data maintained by the department shall remain confidential; and
  2. 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;
  3. A student registers for or takes a national or multistate assessment;
  4. A student voluntarily participates in a program for which such data transfer is a condition or requirement of participation;
  5. The department enters into a contract that governs databases, assessments, special education or instructional supports with an out-of-state vendor; or
  6. A student is classified as “migrant” for federal reporting purposes; and

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:

A student transfers out of state or an LEA seeks help with locating an out-of-state transfer;

A student leaves the state to attend an out-of-state institution of higher education or training program;

Students and parents are notified of their rights under federal and state law;

Develop a detailed data security plan that includes:

Guidelines for authorizing access to the teacher data system and to individual teacher data including guidelines for authentication of authorized access;

Guidelines for authorizing access to the student data system and to individual student data including guidelines for authentication of authorized access;

Privacy compliance standards;

Privacy and security audits;

Breach planning, notification and procedures; and

Data retention and disposition policies;

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;

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

Notify the governor and the general assembly within sixty (60) days of the following:

Any new student data fields included in the state student data system;

Changes to existing data collections required for any reason, including changes to federal reporting requirements made by the United States department of education;

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

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.

Acts 2014, ch. 905, § 5; 2015, ch. 182, §§ 22, 23; 2019, ch. 345, § 83.

Code Commission Notes.

Former part 7, §§ 49-1-70149-1-703, concerning the summer science enrichment pilot program, was deleted as obsolete by the code commission in 2009.

Compiler's Notes. For the preamble to the act concerning requirements for the adoption of educational standards and use of student data, please refer to Acts 2014, ch. 905.

Acts 2014, ch. 905, § 11 provided that the state board is authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Cross-References. Confidentiality of public records, § 10-7-504.

49-1-704. Right of parents and guardians to inspect their children's educational records — Model student records policy for LEAs.

  1. Parents and guardians have the right to inspect and review their children's education records maintained by the school.
  2. Parents and guardians have the right to request student data specific to their children's educational records.
  3. LEAs shall provide parents or guardians with a copy of their children's educational records upon request.
    1. The department shall develop a model student records policy for LEAs that requires an LEA to:
      1. Annually notify parents and guardians of their right to request student information;
      2. Ensure security when providing student data to parents or guardians;
      3. Ensure student data is provided only to authorized individuals;
      4. Set the timeframe within which record requests must be provided; and
      5. 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. The department shall develop the model student records policy by December 31, 2014. An LEA shall adopt the model policy or develop its own policy prior to the beginning of school for the 2015-2016 school year. Before implementing a policy other than the model policy, an LEA shall submit the policy to the department for approval.

Acts 2014, ch. 905, § 6.

Code Commission Notes.

Former part 7, §§ 49-1-70149-1-703, concerning the summer science enrichment pilot program, was deleted as obsolete by the code commission in 2009.

Compiler's Notes. For the preamble to the act concerning requirements for the adoption of educational standards and use of student data, please refer to Acts 2014, ch. 905.

Acts 2014, ch. 905, § 11 provided that the state board is authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

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

LEAs and schools shall not collect individual student data on:

  1. Political affiliation;
  2. Religion;
  3. Voting history; and
  4. Firearms ownership.

Acts 2014, ch. 905, § 7.

Code Commission Notes.

Former part 7, §§ 49-1-70149-1-703, concerning the summer science enrichment pilot program, was deleted as obsolete by the code commission in 2009.

Compiler's Notes. For the preamble to the act concerning requirements for the adoption of educational standards and use of student data, please refer to Acts 2014, ch. 905.

Acts 2014, ch. 905, § 11 provided that the state board is authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

49-1-706. Written consent required prior to collection of certain individual student biometric data.

  1. Unless explicitly mandated by state or federal law, a state agency or educational institution shall obtain written consent from parents or students, in the case of students eighteen (18) years of age or older, before collecting any individual student biometric data, student data relative to analysis of facial expressions, EEG brain wave patterns, skin conductance, galvanic skin response, heart-rate variability, pulse, blood volume, posture, and eye-tracking.
  2. No state agency or educational institution shall pursue or accept any grant whether from the federal government or any private entity that requires collecting or reporting information in violation of subsection (a).
  3. 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).

Acts 2014, ch. 905, § 8.

Code Commission Notes.

Former part 7, §§ 49-1-70149-1-703, concerning the summer science enrichment pilot program, was deleted as obsolete by the code commission in 2009.

Compiler's Notes. For the preamble to the act concerning requirements for the adoption of educational standards and use of student data, please refer to Acts 2014, ch. 905.

Acts 2014, ch. 905, § 11 provided that the state board is authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

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).

Acts 2014, ch. 905, § 9.

Code Commission Notes.

Former part 7, §§ 49-1-70149-1-703, concerning the summer science enrichment pilot program, was deleted as obsolete by the code commission in 2009.

Compiler's Notes. For the preamble to the act concerning requirements for the adoption of educational standards and use of student data, please refer to Acts 2014, ch. 905.

Acts 2014, ch. 905, § 11 provided that the state board is authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

49-1-708. Student online personal protection act.

  1. An operator shall not knowingly:
    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. 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. 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. Except as otherwise provided in subsection (d), disclose covered information unless the disclosure is made:
      1. 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. To ensure legal and regulatory compliance or protect against liability;
      3. To respond to or participate in the judicial process;
      4. To protect the safety or integrity of users of the site or others or the security of the site, service, or application;
      5. 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. To a third party, if the operator contractually prohibits the third party from using any covered information for any purpose other than providing the contracted service to or on behalf of the operator, prohibits the third party from disclosing any covered information provided by the operator with subsequent third parties, and requires the third party to implement and maintain reasonable security procedures and practices.
  2. Nothing in subsection (a) shall prohibit the operator's use of information for maintaining, developing, supporting, improving, or diagnosing the operator's site, service, or application.
  3. An operator shall:
    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. Delete within a reasonable time period a student's covered information if the K-12 school or LEA requests deletion of covered information under the control of the K-12 school or LEA, unless a student or parent or legal guardian consents to the maintenance of the covered information.
  4. An operator may use or disclose covered information of a student:
    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. 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. To the department, an LEA, or a K-12 school for K-12 school purposes, as permitted by state or federal law.
  5. An operator is not prohibited from:
    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. 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. Sharing covered information that is not associated with an identified student for the development and improvement of educational sites, services, or applications;
    4. Using recommendation engines to recommend to a student:
      1. 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. 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. Responding to a student's request for information or for feedback without the information or response being determined in whole or in part by payment or other consideration from a third party.
  6. This section does not:
    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. Limit the ability of an operator to use student data, including covered information, for adaptive learning or customized student learning purposes;
    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. Limit service providers from providing internet connectivity to schools or students and their families;
    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. 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. 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. Prohibit students from downloading, exporting, transferring, saving, or maintaining their own student data or documents.
    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. 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.

Acts 2016, ch. 757, § 3.

Compiler’s Notes. For the Preamble to the act, which added this section, concerning the need to address student privacy concerns relating to online services, please refer to Acts 2016, ch. 757.

Acts 2016, ch. 757, § 1 provided that the act, which added this section, shall be known and may be cited as the “Student Online Personal Protection Act”.

Attorney General Opinions. In general, a district attorney turning over information to defense counsel pursuant to a mandate from the court will not be liable for the disclosure of confidential or privileged information. OAG 18-01, 2018 Tenn. AG LEXIS 1 (1/4/2018).

Part 8
Model Laboratory School Program [Repealed]

49-1-801. [Repealed.]

Acts 1993, ch. 434, § 1; repealed by 2018, ch. 725, § 25, effective April 18, 2018.Acts 1993, ch. 434, §§ 1-4; repealed by 2018, ch. 725, § 25, effective April 18, 2018.Acts 1993, ch. 434, § 1; repealed by 2018, ch. 725, § 25, effective April 18, 2018.

Compiler's Notes. Former part 8, §§ 49-1-80149-1-804, concerned the model laboratory school program.

49-1-802. [Repealed.]

Acts 1993, ch. 434, § 2; repealed by 2018, ch. 725, § 25, effective April 18, 2018.

Compiler's Notes. Former part 8, §§ 49-1-80149-1-804, concerned the model laboratory school program.

49-1-803. [Repealed.]

Acts 1993, ch. 434, § 3; repealed by 2018, ch. 725, § 25, effective April 18, 2018.

Compiler's Notes. Former part 8, §§ 49-1-80149-1-804, concerned the model laboratory school program.

49-1-804. [Repealed.]

Acts 1993, ch. 434, § 4; repealed by 2018, ch. 725, § 25, effective April 18, 2018.

Compiler's Notes. Former part 8, §§ 49-1-80149-1-804, concerned the model laboratory school program.

Part 9
Tennessee Literacy Initiative Act of 1999

49-1-901. Short title.

This part shall be known and may be cited as the “Tennessee Literacy Initiative Act of 1999.”

Acts 1999, ch. 130, § 1.

49-1-902. State policy.

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.

Acts 1999, ch. 130, § 1.

49-1-903. [Reserved.]

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.

Acts 2000, ch. 911, § 1.

49-1-905. [Reserved.]

Acts 2000, ch. 911, § 1; repealed by Acts 2019, ch. 248, § 17, effective May 2, 2019.

Compiler's Notes. Former § 49-1-906 concerned the determination of funding for English as second language teachers and specialists.

49-1-907. Early grades reading report.

The department of education shall annually submit to the education committee of the senate and the education committee of the house of representatives an early grades reading report. The reading report must include:

  1. Statewide third grade reading scores;
  2. The testing procedures used to evaluate reading proficiency;
  3. The number of students retained in grades kindergarten through three (K-3);
  4. The number of reading specialists in each LEA;
  5. The types of reading intervention or enrichment programs offered in each LEA; and
  6. Information on statewide reading initiatives.

Acts 2000, ch. 911, § 1; 2001, ch. 250, § 1; 2011, ch. 410, § 4(h), (i); 2013, ch. 236, § 26; 2015, ch. 182, §§ 24, 25; 2019, ch. 248, § 18.

Compiler's Notes. For the Preamble to the act concerning the prohibition against establishment of a special committee if there is a standing committee on the same subject, please refer to Acts 2011, ch. 410.

Acts 2019, ch. 345, § 84 purported to amend this section, effective May 10, 2019; however, Acts 2019, ch. 248, § 18 had previously rewritten the  section, effective May 2, 2019. Acts 2019, ch. 345, § 84 was not given effect.

Cross-References. Definition of LEA, § 49-3-302.

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.”

Acts 2000, ch. 554, § 2; 2010, ch. 764, § 1.

49-1-1002. Guidelines and standards — Requirements.

  1. The commissioner of education, in consultation with the department of health and in accordance with its duties under title 68, chapter 1, part 12, shall develop guidelines based on the federal centers for disease control and prevention model for the implementation of a coordinated school health program. It is the intent that these guidelines serve as a model for LEAs in addressing the health needs of their students and improving student opportunities for academic achievement. Components of a coordinated school health program shall include, but not be limited to, health services, health education, school nutrition services, physical education, healthy school environment, school counseling, school psychological and social services, staff health and wellness, and family and community involvement to enhance student health. In formulating this program, the commissioner shall consider existing local school/local health departments and community collaborations to promote and support student health and wellness, as well as other state and local programs and initiatives in this area.
  2. 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. [Former] Section 49-6-1005(a) and the family life curriculum contained in chapter 6, part 13 of this title shall continue to be observed;
    2. A parent shall have the same right to exempt that parent's child from participation as provided for in [former] §§ 49-6-1005(a) and 49-6-1303; and
    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.

Acts 2000, ch. 554, § 3.

Compiler's Notes. Former §§ 49-6-1005 and 49-6-1303, referred to in this section, were repealed by Acts 2012, ch. 973, §§ 1 and 2, respectively, effective July 1, 2012.

49-1-1003. State grant program.

  1. Subject to available funding, the department of education shall establish the Connie Hall Givens coordinated school health grant program to assist LEAs in implementing a coordinated school health program. In order to qualify for a coordinated school health grant, an LEA shall submit a detailed plan of how the agency currently addresses the health needs of school children, who would serve as school health coordinator, and how the agency would use the state grant to augment what it is currently doing.
  2. 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 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 committee of the house of representatives for informational purposes. The goal of the grant program shall be to help the LEAs establish a bona fide coordinated school health program that improves the overall health and wellness of students.
  3. 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.

Acts 2000, ch. 554, § 4; 2010, ch. 764, § 2; 2011, ch. 410, § 4(j); 2015, ch. 182, § 26; 2019, ch. 345, § 85.

Compiler's Notes. For the Preamble to the act concerning the prohibition against establishment of a special committee if there is a standing committee on the same subject, please refer to Acts 2011, ch. 410.

Cross-References. Reporting requirement satisfied by notice to general assembly members of publication of report, § 3-1-114.

49-1-1004. Amount and availability of funds.

  1. The amount in the Connie Hall Givens coordinated school health grant program shall be limited to the amount appropriated and shall be available to LEAs based on the guidelines developed by the commissioner of education.
  2. The amount that each LEA is eligible to receive shall be subject to a local match, following the funding model set forth in § 49-6-4302(d).
  3. Any grants made to an LEA shall be expended in addition to any funds already expended as school health programs. For this purpose, expenditures of components enumerated in § 49-1-1002 for the 1998-1999 fiscal year shall be considered the base expenditure on school health, and any LEA receiving grant funds shall maintain this base.

Acts 2000, ch. 554, § 5; 2010, ch. 764, § 3; 2019, ch. 154, § 2.

49-1-1005. Authorized uses for funds.

  1. State grants are only for coordination and improvement of school health programs in accordance with the detailed plan submitted in accordance with § 49-1-1003.
  2. 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, shall likewise be coordinated. Schools should be encouraged and permitted to perform health screening services under TennCare contracts.

Acts 2000, ch. 554, § 6.

49-1-1006. Funds subject to audit.

The use of grant funds shall be subject to audit by the office of the comptroller of the treasury.

Acts 2000, ch. 554, § 7.

49-1-1007. Report — Publication.

By July 1, 2017, and each July 1 thereafter, the department shall provide a report to the education committee of the senate and the education 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.

Acts 2016, ch. 706, § 1; 2019, ch. 345, § 86.

Part 11
Child Care Programs

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

  1. The commissioner of education, acting through the commissioner's authorized agents and pursuant to regulations of the state board of education that are adopted pursuant to § 49-1-302(i), shall be responsible for inspecting and approving those child care programs subject to the state board's jurisdiction pursuant to § 49-1-302(i).
  2. 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.

Acts 2000, ch. 981, § 41.

49-1-1102. Part definitions.

As used in this part, unless the context otherwise requires:

  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. “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. “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. “Child or children” means a person or persons under eighteen (18) years of age;
  5. “Commissioner” means the chief administrative officer in charge of the department of education; and
  6. “Department” means the department of education.

Acts 2000, ch. 981, § 42; 2002, ch. 766, § 2.

Compiler's Notes. Acts 2002, ch. 766, § 3 provided that any funds or personnel currently involved in the regulation of schools covered by the provisions of that act shall be transferred from the department of human services to the department of education in accordance with an agreement between the commissioners of human services and education.

49-1-1103. Basis for approval — Regulations — Certificate application — Temporary certificate — Non-transferability of certificate — Transfer of operation to circumvent approval laws or regulations — Issuance of extended certificate.

    1. All persons or entities operating a child care program must be certified by the department of education as provided by this part.
      1. 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. 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.
    2. 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. The safety, welfare and best interests of the children in the care of the program;
      2. The capability, training and character of the persons providing or supervising the care to the children;
      3. The quality of the methods of care and instruction provided for the children;
      4. The suitability of the facilities provided for the care of the children; and
      5. 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.
    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. 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.
  1. 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.
    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.
      1. 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. 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. 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.
    2. 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.
        1. 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. 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.
      1. 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.
        1. 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. 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.
    3. 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.
    4. 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.
    5. 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.
    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. 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.
      1. 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. 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. 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.
    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. 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. 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. 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.

Acts 2000, ch. 981, § 43.

49-1-1104. Injunctions against unapproved operations.

  1. The department may, in accordance with the laws of this state governing injunctions, maintain an action in the name of the state to enjoin any person, partnership, association, corporation or other entity from establishing, conducting, managing or operating any place or facility providing services to children without having a certificate as required by law, or from continuing to operate any such place or facility following suspension of a certificate or following the effective date of the denial or revocation of a certificate.
  2. 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.

Acts 2000, ch. 981, § 44.

Cross-References. Contempt of court, title 29, ch. 9.

49-1-1105. Criminal violations.

  1. Any person or entity operating a child care program without being certified by the department or who continues to operate such program while a suspension of the certificate is in effect, or who operates a child care program following the effective date of a denial or revocation of a certificate, commits a Class A misdemeanor.
  2. Each day of operation without an effective certificate constitutes a separate offense.
    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. The number of children in the child care program;
      2. The area of the child care program used for child care; or
      3. The credentials, licensure or qualification of any care giver, employee, substitute or volunteer of the child care program.
    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. A violation of subdivision (c)(1) is a Class A misdemeanor.
    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. In addition to any punishment authorized under this subsection (c), the department may also take any certificate action authorized under this part.

Acts 2000, ch. 981, § 45.

Cross-References. Penalty for Class A misdemeanor, § 40-35-111.

49-1-1106. Inspection of persons or entities providing child care.

  1. 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.
    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. 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. 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.
  2. Any violation of the rights given in this section is a Class A misdemeanor.

Acts 2000, ch. 981, § 46.

Cross-References. Confidentiality of public records, § 10-7-504.

Contempt of court, title 29, ch. 9.

Penalty for Class A misdemeanor, § 40-35-111.

49-1-1107. Investigation of complaints regarding violations — Probation — Appeal procedures — Orders of assessment — Civil penalties, suspension, denial, and revocation of certificates.

  1. 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.
    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.
      1. 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. 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.
    2. 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.
    3. 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.
    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. 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. Whether the amount imposed will be a substantial economic deterrent to the violator;
      2. The circumstances leading to the violation and the program's history of violations;
      3. 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. The economic benefits gained by the violator as a result of noncompliance;
      5. The program's efforts to comply with the licensing requirements; and
      6. The interest of the public.
    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. 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. 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.
      1. 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. 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. Jurisdiction for recovery of such penalties shall be in the Chancery Court of Davidson County.
    6. 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.
    7. 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.
    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. 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. 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. 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.
      1. 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. 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.
    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. 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. In issuing an order of summary suspension of a certificate the department shall use, at a minimum, the following procedures:
      1. 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. 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. 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. 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. 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. 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.
    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. 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.
    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. 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. 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. 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.
      1. 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. 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. No waiver may be granted for any permanent restriction that has been imposed pursuant to subdivision (g)(3).
    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. 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. 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.
  2. Rules shall be promulgated pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2000, ch. 981, § 47.

49-1-1108. Annual report.

  1. Each child care program shall submit to the commissioner an annual report.
  2. The report shall consist of:
    1. Identification information;
    2. Current enrollment figures;
    3. Self-reporting on mandatory regulations;
    4. Current certification status; and
    5. Additional information as determined by the department.
  3. 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.

Acts 2000, ch. 981, § 48.

49-1-1109. Collaboration with department of human services for training — Funding and technical assistance.

  1. The departments of education and human services shall collaborate regarding the following areas relative to child care:
    1. Access to appropriate training opportunities that are provided through the Tennessee early childhood training alliance;
    2. Representation in committees and work groups that are responsible for planning funding allocations for child care development block grant funds;
    3. Recognition of department of education programs on the department of human services' resource and referral system;
    4. Eligibility of department of education-monitored programs for child care certificate funds;
    5. Dual access to child care provider data in order to maintain the current status of child care service broker information;
    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. Access to training and technical assistance from the child care resource center; and
    8. Training that might be developed through any of the child care programs monitored by the department of education.
  2. 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.

Acts 2000, ch. 981, § 49.

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.”

Acts 2017, ch. 407, § 1.

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.

Acts 2017, ch. 407, § 1.

49-1-1203. Part definitions.

As used in this part:

  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. “Employee” means:
    1. An individual who is elected or appointed to an educational entity;
    2. 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. An authorized volunteer who provides student-related services to an educational entity.

Acts 2017, ch. 407, § 1.

49-1-1204. Immunity from civil liability for acts or reports relating to students.

  1. An employee is not civilly liable for taking any action related to the control, grading, suspension, expulsion, or discipline of a student that occurs while the student is on the property of the educational entity or under the supervision of the educational entity or the employee unless that action violates a law, rule, or clearly articulated state or school policy. The plaintiff bears the burden of proving by a preponderance of the evidence that the action of the employee violated a law, rule, or clearly articulated state or school policy.
  2. 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. Under the influence of alcohol or a controlled substance that is not lawfully prescribed to the student;
    2. Involved in the illegal solicitation, sale, or distribution of alcohol or a controlled substance; or
    3. Involved in any other illegal activity.

Acts 2017, ch. 407, § 1.

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.

Acts 2017, ch. 407, § 1.

49-1-1206. Civil action for damages by employee.

  1. An employee may file a civil action for damages against any person eighteen (18) years of age or older who acts with the specific intent to cause harm by making an accusation of criminal activity the person knows or should know is false against that employee to law enforcement authorities, school district officials, or school district personnel.
  2. An employee may file a civil action for damages against the parent, guardian, or legal custodian of a student of the employee, if the student, who is under eighteen (18) years of age, acts with specific intent to cause harm to another by making an accusation of criminal activity the person knows or should know is false against that employee to law enforcement authorities, school district officials, or school district personnel.
  3. 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. Expulsion;
    2. Suspension for a period of time;
    3. Community service; or
    4. Any other disciplinary action deemed appropriate by the school.
  4. This section does not apply to statements made regarding individuals elected or appointed to a local board of education.
  5. 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.

Acts 2017, ch. 407, § 1.

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.

Acts 2017, ch. 407, § 1.

49-1-1208. Scope of part.

  1. This part does not limit, modify, or supersede title 29, chapter 39.
  2. 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.

Acts 2017, ch. 407, § 1.

49-1-610. New test questions — Formative assessment question banks.

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

49-1-906. [Repealed.]

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. Consider, in those counties not having adopted the Local Option Budgeting Law of 1993, compiled in title 5, ch. 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. 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. 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. 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 basic education program (BEP) under chapter 3, part 3 of this title;
  1. 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;
  2. 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;
  3. 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;
  4. Levy such tax as may be necessary to pay interest on bonds and provide a sinking fund to retire the bonds at maturity;
  5. 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;
  6. 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
  7. Provide sufficient funds to erect a suitable building and maintain at least one (1) first-class four-year high school according to this title.

Acts 1925, ch. 115, § 9; Shan. Supp., § 1487a55; mod. Code 1932, § 2346; T.C.A. (orig. ed.), § 49-201; Acts 1988, ch. 795, § 16; 1989, ch. 291, § 2; 1989, ch. 550, § 2; 1992, ch. 535, § 6; 1993, ch. 431, §§ 18, 19; 2012, ch. 1018, § 1; 2020, ch. 576, § 1.

Code Commission Notes.

The amendment to this section by Acts 1989, ch. 291 has been deemed by the code commission to have been superseded by the amendment to this section by Acts 1989, ch. 550.

The 1989 amendment by ch. 550 also is deemed by the code commission to supersede the 1988 amendment by ch. 795, which otherwise would have taken effect September 1, 1990.

Acts 1989, ch. 550, §§ 7-21, referred to in this section, were deemed local by the code commission and not codified in this code.

Amendments. The 2020 amendment added (1)(D).

Effective Dates. Acts 2020, ch. 576, § 3. March 19, 2020.

Cross-References. Director of schools, § 49-2-301.

Textbooks. Tennessee Jurisprudence, 18 Tenn. Juris., Mandamus, § 9; 22 Tenn. Juris., Schools, § 30.

Law Reviews.

Procedure and Evidence — 1962 Tennessee Survey (Edmund M. Morgan), 16 Vand. L. Rev. 817.

Symposium – Memphis in the Law: A Memphis Dilemma: A Half-Century of Public Education Reform in Memphis and Shelby County From Desegregation to Consolidation (Daniel Kiel), 41 U. Mem. L. Rev. 787 (2011).

Attorney General Opinions. Constitutionality of overlapping county and municipal school tax levies, OAG 95-055, 1995 Tenn. AG LEXIS 66 (5/23/95).

Charter county or unified government may not impose civil service requirements on county school system teachers or employees, OAG 96-104, 1996 Tenn. AG LEXIS 114 (8/14/96).

Authority to make changes in approved school budget, OAG 99-100, 1999 Tenn. AG LEXIS 100 (5/4/99).

Authority over school construction, OAG 99-171, 1999 Tenn. AG LEXIS 137 (9/2/99).

Franklin special school district — avoiding county tax for bonds for school purposes, OAG 00-024, 2000 Tenn. AG LEXIS 24 (2/15/00).

Local governing body may not withhold funds that have been appropriated for school district's use, OAG 04-098, 2004 Tenn. AG LEXIS 109 (6/24/04).

County commission's role in funding special school districts.  OAG 10-58, 2010 Tenn. AG LEXIS 58 (4/28/10).

Effect of county's withdrawal from Tennessee consolidated retirement system.  OAG 12-66, 2012 Tenn. AG LEXIS 66 (6/29/12).

The interest earned on money in the school general-purpose fund may be used by the county government for non-school-related purposes.  If the interest earned on money in the school general-purpose fund is not currently appropriated to school funding, it is outside the county's "maintenance of effort" requirement and is not to be used in determining whether the "maintenance of effort" obligation has been met.  OAG 13-107, 2013 Tenn. AG LEXIS 112 (12/20/13).

Authority of county commission to initiate an audit of a department of a county school board.  OAG 14-01, 2014 Tenn. AG LEXIS 1 (1/2/14).

NOTES TO DECISIONS

1. Nature of Power of County Legislative Body.

The county legislative body is clothed with the authority to act for the county in its quasi-corporate capacity and was the body against which mandamus would lie to compel compliance with the requirements of the statute as to providing for at least one first-class high school in the county. State ex rel. Harned v. Meador, 153 Tenn. 634, 284 S.W. 890, 1925 Tenn. LEXIS 49 (1926).

Power given county legislative body to audit the accounts of school board to see that there is no waste does not give county legislative body power to oversee the expenditure of special school funds financed by a bond issue. Mosier v. Thompson, 216 Tenn. 655, 393 S.W.2d 734, 1965 Tenn. LEXIS 611 (1965).

County legislative bodies, having no power to control or protect school funds after appropriation, are powerless to institute suit for such purpose. Mosier v. Thompson, 216 Tenn. 655, 393 S.W.2d 734, 1965 Tenn. LEXIS 611 (1965).

County legislative bodies did not have authority to sue to rescind contract between county board of education and contractor for construction of new high school building. Mosier v. Thompson, 216 Tenn. 655, 393 S.W.2d 734, 1965 Tenn. LEXIS 611 (1965).

Provisions of a county's home rule charter in conflict with the Educational Improvement Act of 1992 do not supersede provisions of the latter relative to the selection of board of education members. County of Shelby v. McWherter, 936 S.W.2d 923, 1996 Tenn. App. LEXIS 340 (Tenn. Ct. App. 1996).

2. Election of Director of Schools.

Election of superintendent (now director of schools) by county legislative body during morning session was final and could not be reconsidered in afternoon session. State ex rel. Pierce v. Hardin, 163 Tenn. 471, 43 S.W.2d 924, 1931 Tenn. LEXIS 137 (1931).

3. Removal of Director of Schools.

Shannon's Code, § 1410, relating to removal of the county superintendent (now director) of schools by the county legislative body for misbehavior was not repealed by implication by the General Education Act of 1925 (Acts 1925, ch. 115) which made no provision for removal of such superintendent. Rhea County v. White, 163 Tenn. 388, 43 S.W.2d 375, 1931 Tenn. LEXIS 128 (1931) (Shannon's Code, § 1410, was not carried forward into the 1932 Code).

4. Special Act Relating to Teachers' Salaries.

Where under the general law the various counties of the state were authorized to choose its teachers, fix their salaries and contract accordingly with such teachers, Private Acts 1935, ch. 620, as amended by Private Acts 1935 (E.S.), ch. 88, which fixed minimum graduated salaries for the teachers of Hamilton County, was inconsistent with the general law in that it deprived Hamilton County of the right to contract according to its ability and placed on such county a burden imposed on no other county and hence was violative of Tenn. Const., art. I, § 8, and art. XI, § 8. State ex rel. Bales v. Hamilton County, 170 Tenn. 371, 95 S.W.2d 618, 1935 Tenn. LEXIS 144 (1936).

5. Tax Levy by Counties.

The legislature may authorize or require the counties to levy a tax or to cooperate to support public schools, and its action is not violative of Tenn. Const., art. II, § 29. State ex rel. Harned v. Meador, 153 Tenn. 634, 284 S.W. 890, 1925 Tenn. LEXIS 49 (1926).

The exercising of the taxing power to promote a system of public schools for all counties does not infringe upon the right of local self-government, as a school system is a matter of state concern and a matter of state policy which is the concern of the legislature. State ex rel. Harned v. Meador, 153 Tenn. 634, 284 S.W. 890, 1925 Tenn. LEXIS 49 (1926).

A discretion may be exercised by the county legislative body to levy a high school tax less than the amount fixed in the budget of the board of education. Smith v. Groce, 158 Tenn. 255, 12 S.W.2d 715, 1928 Tenn. LEXIS 147 (1929).

Levy by county legislative body on taxable property for the building, repair and equipment of rural schools established a special fund for rural schools which was not subject to division with city schools on the basis of average attendance under T.C.A. § 49-2-103, but was controlled by this section. Southern v. Beeler, 183 Tenn. 272, 195 S.W.2d 857, 1946 Tenn. LEXIS 267 (1946).

Tax resolution of (former) county court containing “Public School Fund…1.23 (7¢ of the levy…shall be allocated…to…Rural School Building and Repair Fund and used exclusively for that purpose.)” is valid even though city would not share in 7¢ since the intent of the court was to make it $1.16 for the public school fund and a separate special 7¢ levy. State ex rel. Cope v. Davidson County, 198 Tenn. 24, 277 S.W.2d 396, 1955 Tenn. LEXIS 340 (1955).

Acts 1953, ch. 70, did not modify the authority of the county legislative body to make special levies under subdivision (7). State ex rel. Cope v. Davidson County, 198 Tenn. 24, 277 S.W.2d 396, 1955 Tenn. LEXIS 340 (1955).

6. School Bonds Generally.

Members of county legislative body had no authority to determine whether or not referendum on issuing of school bonds was legal and valid. Lamb v. State, 207 Tenn. 159, 338 S.W.2d 584, 1960 Tenn. LEXIS 443 (1960).

When a referendum has been had and the vote is in the affirmative, it then becomes the duty of the county legislative body to issue the school bonds as a ministerial act, and mandamus will lie upon failure of county legislative body to so act. Lamb v. State, 207 Tenn. 159, 338 S.W.2d 584, 1960 Tenn. LEXIS 443 (1960).

When the school construction bonds are issued and the proceeds thereof lodged with the trustee of the county, the authority of the county legislative body ends, and it has no control over the way the money is spent, the selection of sites or the erection of the schools. Lamb v. State, 207 Tenn. 159, 338 S.W.2d 584, 1960 Tenn. LEXIS 443 (1960); Miller v. Warren County, 209 Tenn. 457, 354 S.W.2d 433, 1962 Tenn. LEXIS 378 (1962).

The limitation on the issuance of bonds provided for in T.C.A. § 49-3-1002(b)(1) does not apply to bonds issued under the provisions of this section. McCauley v. Hampton, 196 F. Supp. 123, 1961 U.S. Dist. LEXIS 5395 (E.D. Tenn. 1961).

Where county legislative body was acting in accordance with affirmative vote in regularly called referendum, issuance of school bonds could not be enjoined upon suit of taxpayers even though previous mandamus suit to compel issuance of such bonds had been unsuccessful. Miller v. Warren County, 209 Tenn. 457, 354 S.W.2d 433, 1962 Tenn. LEXIS 378 (1962).

Power given county legislative body to audit the accounts of school board to see there is no waste does not give county legislative body power to oversee the expenditure of special school funds financed by a bond issue. Mosier v. Thompson, 216 Tenn. 655, 393 S.W.2d 734, 1965 Tenn. LEXIS 611 (1965).

Since specific statutory authority to issue school bonds by the county legislative bodies prevails over the general duty to submit the proposition to issue bonds to county voters, the bond issue as authorized by the county legislative body was valid despite the absence of a county vote. Mitchell v. Crawford, 543 S.W.2d 601, 1976 Tenn. App. LEXIS 219 (Tenn. Ct. App. 1976).

Where the board of commissioners elects to provide the requisite funds by bond issues approved by the voters for the purposes set forth in subdivision (8), it does so under the provisions of subdivision (5). Johnson v. State, 583 S.W.2d 754, 1979 Tenn. LEXIS 451 (Tenn. 1979).

7. Result of Bond Referendum.

Having elected to have the question of a bond issue submitted to the voters, the board of commissioners was bound by the vote of the people on such question, and on its failure to issue such bonds so approved by the voters, was subject to a writ of mandamus. Johnson v. State, 583 S.W.2d 754, 1979 Tenn. LEXIS 451 (Tenn. 1979).

8. Providing for High School.

The county legislative body is required to observe the mandate of the statute as to providing for the erection of at least one first-class high school and upon failure to so provide, may be compelled by mandamus to do so. State ex rel. Harned v. Meador, 153 Tenn. 634, 284 S.W. 890, 1925 Tenn. LEXIS 49 (1926).

9. High School Bonds.

Prior statutes authorizing issuance of school building bonds covered high school buildings and are not repealed by this law. McCord v. Marshall County, 152 Tenn. 675, 280 S.W. 692, 1925 Tenn. LEXIS 112 (1926); State ex rel. Lillard v. Humphreys, 163 Tenn. 20, 40 S.W.2d 405, 1930 Tenn. LEXIS 133 (1931).

Where county legislative body pursuant to resolution authorized issuance and sale of school bonds for construction of an additional high school and lodged proceeds of bonds with trustee, its authority ended except to auditing accounts of school board, and selection of site by school board and awarding of contract for erection of school could not be interfered with by the county legislative body. Bandy v. State, 186 Tenn. 11, 207 S.W.2d 1011, 1948 Tenn. LEXIS 600 (1948).

Where bonds were issued by county legislative body for express purpose of building and maintaining a high school, special school district within county which only operated elementary schools and did not operate or bear any expense as to operation of high schools was not entitled to share in proceeds from high school bonds. Guffee v. Crockett, 204 Tenn. 121, 315 S.W.2d 646, 1958 Tenn. LEXIS 251 (1958).

County legislative body could issue bonds for express purpose of building and maintaining high school and could classify bonds to be issued and provide for dedication of the proceeds to a particular project. Guffee v. Crockett, 204 Tenn. 121, 315 S.W.2d 646, 1958 Tenn. LEXIS 251 (1958).

County legislative body lacked power to rescind a contract made by county school board with a contractor involving use of county school funds in constructing new high school. Mosier v. Thompson, 216 Tenn. 655, 393 S.W.2d 734, 1965 Tenn. LEXIS 611 (1965).

10. Removal of Member.

A proceeding under the Ouster Law for removal of a member of the county legislative body for willful misconduct, whether or not the member exercised the power given to the member by this section as a member of the county legislative body to secure contracts with the county board of education and with the county road supervisor, contrary to law, as charged, must be decided under defense by answer. The petition is not demurrable. State v. Ward, 163 Tenn. 265, 43 S.W.2d 217, 1931 Tenn. LEXIS 110 (1931).

11. Private Act Abolishing Office of Superintendent.

Private act which abolished office of superintendent of public instruction of Hamilton County and established in its place a director of public schools with all the powers and authority of the superintendent and who was to be appointed by the board of education was invalid under Tenn. Const., art. XI, § 8, as suspending the general law for the benefit of Hamilton County. Cagle v. McCanless, 199 Tenn. 128, 285 S.W.2d 118, 1955 Tenn. LEXIS 436 (1955).

12. Providing School Funds.

The duty provided in subdivision (8) to levy taxes or provide funds by bond issues is a discretionary one. Miller v. Warren County, 209 Tenn. 457, 354 S.W.2d 433, 1962 Tenn. LEXIS 378 (1962).

Writ of mandamus was not proper to compel county commissioners to appropriate funds to construct new, replacement school. State ex rel. Weaver v. Ayers, 756 S.W.2d 217, 1988 Tenn. LEXIS 273 (Tenn. 1988).

13. Long-Term Contracts.

The legislature never intended that title 49, ch. 2 serve as a limitation upon the authority of counties to enter into long-term contracts. Washington County Bd. of Education v. MarketAmerica, Inc., 693 S.W.2d 344, 1985 Tenn. LEXIS 604 (Tenn. 1985).

14. Federal Courts.

The mere fact that the state legislature may go farther than it has in controlling and paying for public schools does not mean that the federal courts, in the exercise of their equitable powers, ought to tell the legislature what it must do in this respect. Kelley v. Metropolitan County Bd. of Educ., 836 F.2d 986, 1987 U.S. App. LEXIS 16899 (6th Cir. Tenn. 1987), cert. denied, Metropolitan County Bd. of Educ. v. Tennessee, 487 U.S. 1206, 108 S. Ct. 2848, 101 L. Ed. 2d 885, 1988 U.S. LEXIS 2848 (1988).

49-2-102. County mayors — Duties.

It is the duty of the county mayor to:

  1. Approve the bond of the county director of schools; and
  2. Make quarterly settlements with the county trustee and the county board of education of the elementary and the high school funds.

Acts 1925, ch. 115, § 9; Shan. Supp., § 1487a56; Code 1932, § 2347; T.C.A. (orig. ed.), § 49-205; Acts 2003, ch. 90, § 2.

Compiler's Notes. Acts 2003, ch. 90, §  2 directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Attorney General Opinions. Where a city school system was combined with a county school system, the county school system was not required to assume a joint use agreement between the city and the city school board, OAG 01-022, 2001 Tenn. AG LEXIS 22 (2/12/01).

49-2-103. County trustees — Duties.

  1. 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. 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. 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. 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. 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. Make quarterly distribution of all state and county elementary school funds between the county and incorporated city or cities of the county on the basis of average daily attendance immediately after each quarterly settlement with the county mayor; provided, that the state school fund designated as the equalizing fund shall not be distributed on such basis, but shall be placed to the credit of the county elementary school fund to be disbursed by the county board of education as provided in this title.
  2. A violation of subsection (a) is a Class C misdemeanor.

Acts 1925, ch. 115, § 10; Shan. Supp., §§ 1487a57, 1487a58; Code 1932, §§ 2348, 2349; Acts 1963, ch. 13, § 1; 1978, ch. 926, §§ 1-3; T.C.A. (orig. ed.), §§ 49-206, 49-207; Acts 1989, ch. 591, § 113; 2003, ch. 90, § 2.

Compiler's Notes. Acts 2003, ch. 90, §  2 directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

Law Reviews.

Constitutional Law — 1961 Tennessee Survey (James C. Kirby, Jr.), 14 Vand. L. Rev. 1171.

NOTES TO DECISIONS

1. Construction.

In determining distribution of school funds all sections of the code dealing with same subject must be considered in pari materia. Southern v. Beeler, 183 Tenn. 272, 195 S.W.2d 857, 1946 Tenn. LEXIS 267 (1946).

2. Validity of Private Act.

Private Acts 1937, ch. 502, §§ 1-4, which imposed duties on the trustee and county superintendent of schools of Carter County in addition to those imposed by the general statutes with reference to the issuance and accounting for county warrants issued to school teachers and which gave the teachers of such county special advantages over the teachers in general in the state and which subjected the trustee of such county to forfeiture of office when no other trustee was subjected to such forfeiture was invalid as being partial and discriminatory. Anderson v. Carter County, 172 Tenn. 114, 110 S.W.2d 321, 1937 Tenn. LEXIS 59 (1937).

3. Distribution of Funds.

The basis for apportioning state and county elementary school funds between a city within a county and the county, was the average daily attendance at the regular fall, winter and spring terms, without reference to the special summer term for backward students. Board of Educ. v. Dodson, 157 Tenn. 508, 11 S.W.2d 265, 1927 Tenn. LEXIS 78 (1928).

Funds raised by levy for high schools were not subject to division on basis of average attendance as set forth in subdivision (a)(5) and in former T.C.A. § 49-3-308 since such sections did not mention high school funds but were limited to elementary funds, and former statutes dealing with high school funds did not provide that high school funds were to be distributed on basis of average attendance. Southern v. Beeler, 183 Tenn. 272, 195 S.W.2d 857, 1946 Tenn. LEXIS 267 (1946).

Payment of bonus to teachers in county schools by virtue of resolution of county legislative body directing county trustee to transfer money from general fund to the school fund and disburse checks from latter fund did not authorize city to file suit in behalf of city school teachers to recover bonus payments for city teachers, as the resolution was ultra vires. Board of Comm'rs v. Obion County, 188 Tenn. 666, 222 S.W.2d 7, 1949 Tenn. LEXIS 387 (1949).

Public Acts 1959, ch. 14, § 8(1)(c), permitting division of school funds on basis other than average daily attendance where so provided by private act and Private Acts 1947, ch. 711, as amended by Private Acts 1955, ch. 351, providing for a division of funds between city of Memphis and Shelby County on a different basis, were void as suspending the general law contrary to the provisions of Tenn. Const., art. XI, § 8. Board of Education v. Shelby County, 207 Tenn. 330, 339 S.W.2d 569, 1960 Tenn. LEXIS 463 (1960).

4. Accounts and Accounting.

The county trustee is required to keep high school funds separate from elementary school funds and to make a separate accounting for each such fund. Board of Education v. McMinn County, 212 Tenn. 275, 369 S.W.2d 565, 1963 Tenn. LEXIS 422 (1963).

5. Diversion of Funds.

General funds of county could not be diverted for elementary school purposes by order of county legislative body, and such an order could not change the nature of the funds or make them part of the elementary school fund. State ex rel. Baird v. Wilson County, 212 Tenn. 619, 371 S.W.2d 434, 1963 Tenn. LEXIS 452 (1963).

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.

Acts 1925, ch. 115, § 7; Shan. Supp., § 1487a44; Code 1932, § 2333; Acts 1974, ch. 654, § 31; T.C.A. (orig. ed.), § 49-227.

49-2-105. [Repealed.]

Acts 1925, ch. 115, § 37; Shan. Supp., § 1487a199; Code 1932, § 2521; T.C.A. (orig. ed.), § 49-228; repealed by Acts 2019, ch. 248, § 19, effective May 2, 2019.

Compiler's Notes. Former § 49-2-105 concerned the preservation of individual rights to select physician.

49-2-106. Creation or expansion of city or special school districts.

  1. No city school system or special district school system shall be created or reactivated for the purpose of operating a system of schools, unless the school system is large enough to offer adequate educational opportunities for the pupils of grades one through twelve (1-12) in keeping with standards established by the state board of education.
  2. In establishing the standards, the state board is authorized and directed to take into consideration such factors as:
    1. The scholastic population of the city or special school district according to the most recent census;
    2. The financial ability per pupil of scholastic population; and
    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.

Acts 1961, ch. 113, § 1; 1981, ch. 510, §§ 1, 2; 1981, ch. 540, §§ 1-3; T.C.A., § 49-233.

Law Reviews.

Symposium – Memphis in the Law: A Memphis Dilemma: A Half-Century of Public Education Reform in Memphis and Shelby County From Desegregation to Consolidation (Daniel Kiel), 41 U. Mem. L. Rev. 787 (2011).

Attorney General Opinions. Abolishment of special school district, OAG 98-161, 1998 Tenn. AG LEXIS 161 (8/24/98).

Kenton special school district not entitled to reactivation, OAG 98-161, 1998 Tenn. AG LEXIS 161 (8/24/98).

Building permit and plan review fees for construction and/or renovation of a school located within the city limits; applicability of planning and zoning regulations of the city for school district-owned property located within city limits.  OAG 10-27, 2010 Tenn. AG LEXIS 22 (3/8/10).

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.

Acts 1969, ch. 269, § 1; T.C.A., § 49-249.

Attorney General Opinions. County commission's role in funding special school districts.  OAG 10-58, 2010 Tenn. AG LEXIS 58 (4/28/10).

49-2-108. Separate-sex schools.

  1. The local school boards are authorized to provide separate schools for persons of the male sex and persons of the female sex. The determination of the necessity for such separate schools is vested in the exclusive discretion of the school board.
  2. 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.

Acts 1957, ch. 98, § 1; 1974, ch. 654, §§ 33, 34; T.C.A., § 49-230.

49-2-109. Contracts with private, city or special district schools.

      1. 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. Such public elementary and high school branches shall be taught free of charge to all pupils of the county entitled thereto.
      3. The contract may provide that:
        1. 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. 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.
    1. 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.
  1. 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.

Acts 1925, ch. 115, § 14; Shan. Supp., § 1487a99; Code 1932, § 2390; Acts 1931, ch. 71, § 1; C. Supp. 1950, § 2393.16; Acts 1959, ch. 259, §§ 1, 2; 1959, ch. 309, § 1; T.C.A. (orig. ed.), § 49-231.

Law Reviews.

Consolidation of County and City Functions and Other Devices for Simplifying Tennessee Local Government (Wallace Mendelson), 8 Vand. L. Rev. 878.

NOTES TO DECISIONS

1. Teacher Employment — Power.

A county board cannot transfer to a city board the power to control the employment of teachers. Brown v. Monroe, 161 Tenn. 703, 34 S.W.2d 209, 1930 Tenn. LEXIS 58 (1931).

49-2-110. Student activity funds.

  1. 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. The bonding of those who are responsible for handling the funds;
    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. The auditing of funds;
    4. The making of financial reports;
    5. The carrying of necessary insurance;
    6. The use of proper business and accounting forms;
    7. The collection of state and federal taxes;
    8. The purchase of supplies and equipment;
    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. The preparation of a student body activity fund budget and the budgetary control of expenditures; and
    11. Ways and means of evaluating and improving all phases of student body financial activities and the handling of other internal school funds in accordance with accounting practices and procedures as are generally recognized in public school systems.
  2. The manual referenced in subsection (a) shall be published in accordance with the rules, regulations, policies and procedures of the state publications committee.
  3. 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.
    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. 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. 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.
  4. 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.
  5. 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.
    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. Benefits the overall school program; and
      2. Is subject to the policies of the local board of education.
    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.

Acts 1959, ch. 168, § 1; 1974, ch. 654, § 35; 1976, ch. 709, § 1; 1980, ch. 491, §§ 1, 2; T.C.A., § 49-232; Acts 1990, ch. 1024, § 22; 1995, ch. 101, § 1.

Attorney General Opinions. If the board of education has not authorized a locker rental fee “as a school fee,” the school may not require fee payment as a condition of having a locker; also, the school also may not require a student to pay a locker rental and maintenance fee if requiring the fee affects a student's access to education or if a “locker” is equipment used while receiving educational training, OAG 03-116, 2003 Tenn. AG LEXIS 134 (9/15/03).

Requiring a fee for a field trip would be in violation of T.C.A. § 49-2-110(c).  OAG 10-96, 2010 Tenn. AG LEXIS 106 (9/9/10).

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

  1. In all counties wherein the school commission, school board, board of education or other designated agency governing the school affairs of the county is, by the terms and provisions of any private or local act of the general assembly applicable to such county, elected from more than one (1) voting district by the persons entitled to vote in the district, and where by decree or judgment of any court of the United States or any court of this state the scheme of apportionment of the membership of such school commission, school board, board of education or other agency as provided by such act heretofore has been declared to be in violation of any provision of the United States Constitution or the Constitution of Tennessee, the school commission, school board, board of education or other agency governing the school affairs of such county is abolished, effective September 1 of the year in which a general election is next held in the county following the entry of the decree or judgment.
  2. In all such counties within the purview of subsection (a), there is created and established a board of education, effective September 1 of the year in which a general election is next held in such counties following the entry of a decree of judgment of any such court that the scheme of apportionment of the existing school commission, school board, board of education or the other agency is unconstitutional, to be known as the board of education of  County, which shall consist of five (5), seven (7) or nine (9) members to be elected by popular vote of the people of the county, as provided in this section, whose initial members shall be those persons elected by popular vote by the people of the county in the general election to be held in August following the entry of such decree or judgment in the manner provided in this section.
  3. 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.
    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. 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.
    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. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
    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. 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.

Acts 1967, ch. 252, §§ 1-10; 1970, ch. 509, §§ 1-4; 1972, ch. 697, §§ 3-6; 1973, ch. 170, §§ 2-4; T.C.A., §§ 49-239 — 49-248.

Compiler's Notes. Subsection (b), concerning the number of districts, is superseded by Acts 1992, ch. 535, and the subsequent amendment to § 49-2-201(a)(1).

NOTES TO DECISIONS

1. Effect of Reapportionment by Federal Court.

Despite the specific provisions of this section, and § 49-2-201, a federal court in ordering the reapportionment of a school district under the one-man one-vote doctrine, sitting as a court of equity, had authority to mandate terms for board of education members in direct conflict with § 49-2-201, made applicable in such a case by this section, but, upon the expiration of the terms of office mandated by the court, the staggered election procedure established under § 49-2-201 would then take effect. Rader v. Cliburn, 476 F.2d 182, 1973 U.S. App. LEXIS 10859 (6th Cir. Tenn. 1973).

49-2-112. School audits.

    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. The audit shall include, but not be limited to, the activity funds described in § 49-2-110.
    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. No audit may be accepted as meeting the requirements of this section until the audit has been approved by the comptroller of the treasury.
    1. The audits may be prepared by certified public accountants, public accountants or by the department of audit.
    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.
    1. The audits shall be completed as soon as practicable after June 30 of each year.
    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.
  1. 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).

Acts 1972, ch. 601, § 1; 1974, ch. 654, § 38; T.C.A., § 49-251; Acts 1984, ch. 794, § 12.

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 commissioner of education and the comptroller of the treasury, the use of mechanical signing equipment approved by the commissioner and 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.

Acts 1957, ch. 371, § 1; 1972, ch. 662, § 1; 1974, ch. 654, § 32; 1975, ch. 17, § 1; T.C.A., § 49-229.

49-2-114. Waiver of school fees.

  1. LEAs shall establish, pursuant to rules promulgated by the state board of education, a process by which to waive all school fees for students who receive free or reduced price school lunches.
  2. “School fees” means:
    1. Fees for activities that occur during regular school hours;
    2. Fees for activities and supplies required to participate in all courses offered for credit or grade;
    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. Fees required for graduation ceremonies.

Acts 1992, ch. 535, § 55.

Attorney General Opinions. Waiver of school fees — Compliance with Tenn. Const. art. II, §  24, OAG 93-45, 1993 Tenn. AG LEXIS 45 (5/12/93).

49-2-115. Family resource centers.

  1. Family resource centers may be established by any LEA in order to coordinate state and community services to help meet the needs of families with children. An LEA may directly operate its own family resource centers or may contract with a locally based nonprofit agency, including a community action agency, to operate one (1) or more such centers on behalf of the LEA. Each center shall be located in or near a school. The local school board shall appoint community service providers and parents to serve on an advisory council for each family resource center. Parents shall comprise a majority of each advisory council.
  2. Upon approval by the department of education, basic education program (BEP) 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.
  3. The commissioner of education is authorized to award grants of up to fifty thousand dollars ($50,000) to LEAs for the purpose of planning, implementing and operating family resource centers. All LEAs, upon receiving such grants for a period of three (3) school years, shall be evaluated by the commissioner to determine progress in attaining objectives set forth within this section. Those LEAs awarded satisfactory evaluations shall be eligible to continue receiving such grants for a period of three (3) additional school years. Beginning with the 1995-1996 school year, the number of family resource centers receiving such planning, implementation and operation grants shall be increased at least fifty percent (50%) above the number of centers receiving grants during the 1994-1995 school year.
  4. LEAs with state approved family resource centers may be given priority in receiving additional state funding for:
    1. Formal parent involvement programs in elementary schools;
    2. Early childhood programs for children at-risk;
    3. Programs for parents with preschool at-risk children;
    4. Learning centers in urban housing projects;
    5. Programs in high schools for pregnant teenagers; and
    6. “Jobs for Tennessee Graduates” in high schools.
    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. Family resource centers shall serve the function of being the center of information sharing and resource facilitation for such families.
    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.
  5. 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.
  6. 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.

Acts 1992, ch. 535, § 85; 1994, ch. 974, § 5; 1994, ch. 985, § 2; 1995, ch. 538, § 2; 1996, ch. 1079, §§ 140, 142; 1999, ch. 367, § 5; 2005, ch. 192, § 1; 2011, ch. 158, § 24; 2012, ch. 575, § 1; 2019, ch. 248, §§ 20, 21.

Compiler's Notes. For transfer of certain functions from the department of human services to the department of health, see Executive Order No. 6 (January 12, 1996).

Acts 2005, ch. 192, § 2 provided that no expenditure of public funds pursuant to that act shall be made in violation of the provisions of Title VI of the Civil Rights Act of 1964, as codified in U.S.C. § 2000d.

49-2-116. School safety zones.

  1. Any county or municipality is authorized to establish school safety zones.
  2. As used in this section, unless the content otherwise requires:
    1. “School” means any public or private elementary, secondary school or state college of applied technology; and
    2. “School property” means all property used for school purposes, including, but not limited to, school playgrounds.
  3. A school safety zone is the territory extending five hundred feet (500') from school property or within the area bounded by a divided federal highway, whichever is less.
  4. 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. The state board of education shall assist the LEA in complying with the posting provisions of this subsection (d).

Acts 1994, ch. 973, §§ 1, 2; 2012, ch. 848, § 39; 2013, ch. 473, § 11; 2020, ch. 803, §§ 10, 11.

Compiler's Notes. Acts 2020, ch. 803, § 12 provided that the act, which amended this section, applies to offenses committed on or after September 1, 2020.

Amendments. The 2020 amendment, in (c), substituted “extending five hundred feet (500') from school property or within the area bounded by a divided federal highway, whichever is less” for “located within one thousand feet (1,000') of school property”; and, in the second sentence of (d), substituted “five hundred feet (500') from school property or within the area bounded by a divided federal highway, whichever is less,” for “one thousand feet (1,000') from school property” and “may” for “will”.

Effective Dates. Acts 2020, ch. 803, § 12. September 1, 2020.

49-2-117. Funding for school building improvements.

  1. Whenever the commissioner of education is authorized by the state board of education to take responsibility for the operation of any local school system or school that has been placed on probation pursuant to § 49-1-602, the state acting under the authority of the state building commission may require the county legislative body to appropriate and expend funds necessary to fund school building improvements, demolition or new construction as approved by the commissioner and the state board of education pursuant to chapter 3, part 1 of this title.
  2. 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.

Acts 1998, ch. 737, § 6.

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.

Acts 1999, ch. 256, § 2; 2000, ch. 772, § 1; 2001, ch. 44, §§ 1, 2; 2005, ch. 335, §§ 1, 2; 2015, ch. 182, § 27; 2018, ch. 725, § 26.

Cross-References. School counselors, § 49-6-303.

49-2-119. Diplomas for World War, Korean War or Vietnam War veterans.

    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. 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.
    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. 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.

Acts 2000, ch. 773, § 1; 2001, ch. 191, §§ 1, 2; 2004, ch. 468, § 1; 2005, ch. 108, § 1; 2010, ch. 736, § 1.

Compiler's Notes. Acts 2001, ch. 191, § 3, provided that the state board of education is authorized to promulgate rules and regulations to effectuate the purposes of the act. The rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures act, compiled in title 4, chapter 5.

Cross-References. Privileges extended to World War II veterans, § 58-3-101.

49-2-120. Prohibition against hazing.

  1. As used in this section, unless the context otherwise requires, “hazing” means any intentional or reckless act in this state, on or off LEA property, by one (1) student acting alone or with others, that is directed against any other student, that endangers the mental or physical health or safety of that student or that induces or coerces a student to endanger that student's mental or physical health or safety. “Hazing” does not include customary athletic events or similar contests or competitions and is limited to those actions taken and situations created in connection with initiation into or affiliation with any organization.
  2. 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.

Acts 2001, ch. 196, § 1.

49-2-121. Inspection and evaluation program for indoor air quality in schools.

  1. 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. Ensuring that an adequate amount of outdoor air is being supplied;
    2. Testing for radon;
    3. Separating students and staff from construction and renovation areas;
    4. Reducing use of products, such as adhesives, floor-care products and pesticides that require ventilation during use; and
    5. Maintaining relative humidity to an appropriate level during hot and humid summers.
  2. School districts and schools shall encourage:
    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. The application of products in a manner that conforms to regulations and safety recommendations; and
    3. The protection of children from the exposure of health harming substances and chemicals at school.

Acts 2005, ch. 291, § 1; 2014, ch. 703, § 1.

Code Commission Notes.

Former subsection (b), concerning school air quality surveys, was deleted as obsolete by the code commission in 2009.

Cross-References. Tennessee Air Quality Act, § 68-201-101 et seq.

49-2-122. Placement of automated external defibrillator (AED) devices in schools.

  1. All public schools must have at least one (1) automated external defibrillator (AED) device placed within the school.
  2. 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. Training;
    2. Establishment of a written plan that complies with § 68-140-404;
    3. Notification;
    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. Any other requirements.
  3. 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.
  4. 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).
  5. 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.
  6. 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.
  7. 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.

Acts 2008, ch. 795, §§ 2, 4; 2010, ch. 819, § 2; 2011, ch. 179, § 1; 2016, ch. 677, § 1; 2018, ch. 1028, §§ 1, 2; 2019, ch. 391, §§ 1, 2.

Compiler's Notes. Acts 2008, ch. 795, § 1 provided that the general assembly recognizes that cardiac incidents can happen to any person at any age, often without warning. Survivability of cardiac incidents is largely dependent upon the victim receiving care in a timely and proficient manner. One of the largest centers of people in a community on a daily basis is the public school. It is fitting that the general assembly encourage local educational agencies to provide automated external defibrillators in schools to provide additional safeguards against loss of life from sudden cardiac incidents.

Acts 2008, ch. 795, § 3 provided that the act, which authorizes placement of automated external defibrillator (AED) devices in schools, shall not compel any LEA to purchase, use, or permit the use of any AED device. LEAs shall fund AED devices and the maintenance of the devices, if purchased, from existing local resources or may accept non-governmental funds for those purposes. No funding received by the LEA from the state shall be allocated or expended for the purchase or maintenance of AEDs.

Acts 2010, ch. 819, § 1 provided that the act shall be known and may be cited as the “Tanner Lee Jameson Act.”

49-2-123. [Repealed.]

Acts 2008, ch. 888, § 4; repealed by Acts 2019, ch. 248, § 22, effective May 2, 2019.

Compiler's Notes. Former § 49-2-123 concerned a work experience and career exploration program.

49-2-124. Universal mental health or socioemotional screening.

  1. As used in this section:
    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. “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. Antipsychotics;
      2. Antidepressants;
      3. Agents for control of mania and depression;
      4. Antianxiety agents;
      5. Psychomotor stimulants; and
      6. Hypnotics; and
    3. “Universal mental health or socioemotional screening” means, for the purposes of this chapter, any mental health screening program in which a group of individuals is automatically screened without regard to whether there was a prior indication of a mental health problem.
  2. Universal mental health or socioemotional screening is only permitted under the following circumstances:
    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. A court requires the mental health evaluation, examination or testing;
    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. Screening required pursuant to the early periodic screening, diagnosis, and treatment (EPSDT) program with active, written, informed, voluntarily signed consent as outlined in subdivision (b)(1) that may be withdrawn at any time by the parent, legal guardian, custodian or caregiver under the Power of Attorney for Care of a Minor Child Act who gave the consent.
  3. 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. A psychiatrist;
    2. A physician with expertise in psychiatry as determined by training, education or experience;
    3. An advanced practice registered nurse with special certification in mental health or psychiatric nursing;
    4. An advanced practice registered nurse with expertise in mental health or psychiatric nursing as determined by training, education or experience;
    5. A psychologist with health service provider designation;
    6. A senior psychological examiner;
    7. A licensed professional counselor;
    8. A licensed clinical social worker; or
    9. A school psychologist.
  4. Written, informed, active, voluntary consent as outlined in subdivision (b)(1) that may be withdrawn at any time by the parent, legal guardian, custodian or caregiver under the Power of Attorney for Care of a Minor Child Act must also be obtained before proceeding with any psychiatric treatment recommendations resulting from any mental health screening, evaluation, testing or examination.
  5. Subsections (b), (c), and (h) shall not be construed to:
    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. 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. Prohibit an LEA employee from referring a child to LEA personnel specified in subsection (c);
    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. Prohibit testing that is a part of a course of treatment, rehabilitation or service plan for children in the legal custody of a state agency or required by federal law applicable to such children, or as otherwise authorized under title 37, including, but not limited to, child protective services assessments or evaluations.
  6. Each LEA shall inform each parent, legal guardian, custodian or caregiver of their rights pursuant to this section and shall provide a copy of the LEA policy on the rights of parents and students as required in § 49-2-211 and a copy of the Protection of Pupil Rights (20 U.S.C. § 1232h), commonly referred to as the Tiahrt Amendment, as amended by the Parents Rights Restoration Amendment to Goals 2000, March 31, 1994, Public Law 103-227, § 1017, and included in the No Child Left Behind Law (20 U.S.C. § 6301 et seq.).
  7. The local board of education of each LEA shall adopt policies that may be reasonable and necessary to ensure implementation and enforcement of this section.
  8. 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. The purpose for the mental health screening;
    2. The provider or contractor providing the mental health screening;
    3. The date and time at which the mental health screening is scheduled; and
    4. The length of time the mental health screening may last.
  9. 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.

Acts 2009, ch. 127, § 1; 2016, ch. 980, § 2; 2018, ch. 910, § 1; 2019, ch. 248, § 23.

Code Commission Notes.

The former last sentence of subsection (g), concerning the local board of education of each LEA reporting to the department of education on the impact of this section by July 1, 2010, was deleted as obsolete by authority of the code commission in 2013.

49-2-125. Archival Protection Act of 2009.

  1. This section shall be known and may be cited as the “Archival Protection Act of 2009.”
  2. 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.

Acts 2009, ch. 291, § 1.

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.

Acts 2010, ch. 931, § 1; 2019, ch. 248, § 24.

49-2-127. Creation of city school system by municipality — Referendum.

  1. If a municipality seeks to create a city school system; and if the municipality is authorized by its charter, as set forth by statute or private act, to operate a city school system; and if the proposed city school system would possess a student population of sufficient size to comply with state requirements; then the governing body of the municipality may request the county election commission to conduct a referendum pursuant to § 49-2-106; however, if a special election is requested, then the municipality shall pay the costs of the election.
  2. If a majority of the voters participating in the referendum elect to raise local funds to support the proposed city school system, then the governing body of the municipality shall, by ordinance, establish a city board of education in compliance with § 49-2-201; however, there shall be not less than three (3) nor more than eleven (11) members, and the members may be elected in the same manner, either from districts or at large, or a combination of both, used to elect members of the governing body of the municipality. In order to comply with the § 49-2-201 requirement for staggered four-year terms, the governing body of the municipality shall establish initial terms that vary in length; however, all subsequently elected members, other than members elected to fill a vacancy, shall be elected to four-year terms. If a special election is requested to elect members of the initial board of education, then the municipality shall pay the costs of the election. The members shall take office on the first day of the first month following certification of the election results.
  3. The initial board of education shall plan and manage the formation of the new city school system and, subsequently, shall manage and operate the system when student instruction commences. The board shall possess all powers and duties granted to or required of boards of education as set forth by § 49-2-203 or other statute, including, but not limited to, employment of a full-time director of schools and other personnel; and construction, acquisition, lease, or modification of buildings and facilities.
  4. The new city school system shall commence student instruction no earlier than August 1 following the commissioner's determination that:
    1. Rights and privileges protected by § 49-5-203 will not be impaired, interrupted or diminished;
    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. The system has demonstrated, to the commissioner's satisfaction, its general readiness to commence student instruction.

Acts 2012, ch. 905, § 2; 2013, ch. 256, §§ 2, 3.

Compiler's Notes. For the Preamble to the act concerning abolishing the prohibition against the establishment of new municipal school systems, please refer to Acts 2013, ch. 256.

49-2-128. Policy to provide for an open enrollment period for transfer to schools with available space.

Each LEA shall develop a policy whereby the LEA shall provide for an open enrollment period during which parents or guardians may choose from a list of the LEA schools with available space and request a transfer. The policy shall be developed and implemented to provide an open enrollment period for the 2014-2015 school year and every school year thereafter. If the transfer is granted, the parents or guardians are responsible for transportation to the new school. The student shall maintain satisfactory attendance, behavior and effort to remain in the new school.

Acts 2013, ch. 411, § 1.

49-2-129. Information on firearm ownership by student, parent, teacher, or LEA employee.

  1. No school administrator, teacher, or other employee of an LEA shall require a student or the student's parent to provide information on firearm ownership by the student's family.
  2. No school administrator or other employee of an LEA shall require a teacher or other school employee to provide information on firearm ownership by the teacher or school employee.
  3. 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.

Acts 2015, ch. 214, § 1.

49-2-130. Policy excusing student to attend released time course in religious moral instruction authorized — Requirements — Liability — Credit.

  1. As used in this section, “released time course” means a period of time during which a student is excused from school to attend a course in religious moral instruction taught by an independent entity off school property.
  2. 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. The student's parent or legal guardian signs a written consent form prior to the student's participation in the released time course;
    2. The released time course shall be conducted off public school property;
    3. The independent entity maintains attendance records and makes the records available to the LEA and the local board of education;
      1. 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. 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;
    4. 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;
    5. No public funds are expended and no public school personnel are involved in providing the instruction for released time courses;
    6. The student assumes responsibility for any missed schoolwork;
    7. 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
    8. The released time courses shall coincide with school class schedules.
  3. The LEA, the local board of education, the local governing authority, and the state shall not be liable for the student who participates in the released time course.
  4. The written consent form under subdivision (b)(1) shall provide a disclaimer that:
    1. Eliminates any actual or perceived affirmative school sponsorship or attribution to the LEA of an endorsement of a religious instruction; and
    2. Waives any right of the student's parent or legal guardian to hold the school, the LEA, the employees of the school or LEA, or the state liable for the student participating in a released time course.
  5. Instructors of released time courses are not required to be licensed or certificated pursuant to chapter 5 of this title. Instructors and other employees of the released time courses shall be hired by the independent entity.
  6. 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.
    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-half (½) unit of elective credit for the completion of each released time course.
    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. The amount of classroom instruction time;
      2. The course syllabus, which reflects the course requirements and any materials used in the course;
      3. Methods of assessment used in the course; and
      4. Whether the course was taught by an instructor licensed pursuant to chapter 5 of this title.
  7. 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).

Acts 2015, ch. 328, § 1; 2019, ch. 272, §§ 1, 2; 2020, ch. 743, §§ 1, 2.

Compiler's Notes. Acts 2015, ch. 328, § 2 provided that the state board of education is authorized to promulgate rules to effectuate the purposes of the act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in Tennessee Code Annotated, Title 4, Chapter 5.

Acts 2020, ch. 743, § 3 provided that the act, which amended this section, shall apply to the 2020-2021 school year and each school year thereafter.

Amendments. The 2020 amendment added (b)(4)(B) and (h).

Effective Dates. Acts 2020, ch. 743, § 3. June 22, 2020.

49-2-131. Non-disclosure agreement during settlement for act of sexual misconduct prohibited — Assistance in obtaining new job prohibited.

  1. An LEA is prohibited from entering into, or requiring an opposing party to enter into, a non-disclosure agreement during a settlement, or as a prerequisite to settlement, for any act of sexual misconduct, including, but not limited to, sexual harassment or sexual assault.
  2. Except as provided by subsection (c), other than the routine transmission of administrative and personnel files, LEA employees are prohibited from assisting a school employee, contractor, or agent in obtaining a new job if the employee knows, or has probable cause to believe, that the person seeking a job change engaged in sexual misconduct regarding a minor or student.
  3. Subsection (b) shall not apply if:
    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. The matter has been officially closed in one (1) of the following ways:
      1. The prosecutor or police have investigated the allegations and notified school officials that there is insufficient information to establish probable cause;
      2. The employee, contractor, or agent has been charged and either acquitted or exonerated; or
      3. The case remains open, and there have been no charges or indictment filed within four (4) years of the date the information was reported to the law enforcement agency.
  4. For the purposes of determining if sexual misconduct has occurred, an LEA may request a personnel file regarding any person seeking employment in the LEA from any LEA in which the person seeking employment worked previously. An LEA receiving such request shall provide the file to the requesting LEA within ten (10) business days.
  5. The director of schools shall develop procedures to enforce this section.

Acts 2018, ch. 938, § 1.

49-2-132. Membership in association that regulates interscholastic athletics prohibited unless compliant with open meetings laws — Closed meetings.

  1. Public schools, including public charter schools, shall not use public funds to join, become members of, or maintain membership in an association that regulates interscholastic athletics unless the association's governing board voluntarily complies with the open meetings laws, compiled in title 8, chapter 44, part 1.
  2. 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.

Acts 2018, ch. 948, § 2.

Cross-References. Confidentiality of public records, § 10-7-504.

49-2-133. Development of policy to implement program to reduce potential sources of lead contamination in drinking water in public schools — Periodic testing.

    1. 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. 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. 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. 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. Notify:
        1. 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. 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. Retest the lead level of the drinking water source within ninety (90) days of any corrective action.
  1. Each LEA shall comply with the policy created by its local board of education under subsection (a).

Acts 2018, ch. 977, § 1.

49-2-134. Policies and procedures for funds raised for noneducational purposes.

  1. A local board of education may authorize a teacher, school employee, or other person employed by the LEA to raise funds for noneducational purposes.
  2. A local board of education that authorizes a teacher, school employee, or other person employed by the LEA to raise funds for noneducational purposes shall develop, adopt, and provide the LEA with policies and procedures for use of the funds, including policies and procedures for the receipt, disbursement, and accounting of all funds.
  3. The policy developed by a local board of education pursuant to this section must include sources from which an employee may derive noneducational purpose funds, which may include vending machine revenue, donations, or other sources as approved by the local board of education. The policy must also include guidelines for how funds for noneducational purposes must be used, which may include bereavement, award recognition, employee morale, or banquets.
  4. Any group of persons raising money for noneducational purposes pursuant to this section and the policies and procedures of a local board of education are not considered a “school support organization” as defined by § 49-2-603.
  5. 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.

Acts 2019, ch. 134, § 1.

49-2-135. Development of before or after school programs in collaboration with 501(c)(3) nonprofit corporations.

  1. LEAs are authorized to develop before or after school programs in collaboration with 501(c)(3) nonprofit corporations that may provide assistance in selecting and appointing qualified volunteers for the programs.
  2. The programs authorized in subsection (a) must focus on kindergarten through grade three (K-3) before or after school activities designed to improve student achievement in the academic subjects of reading, math, science, social studies, and fine arts.
  3. Any 501(c)(3) nonprofit corporation recognized under this section must meet all applicable rules of the state board of education and the policies and procedures of the LEA in which the corporation's volunteers are assisting and ensure the volunteers undergo criminal history record checks and otherwise meet all of the requirements of § 49-5-413.
  4. An LEA must approve a recognized 501(c)(3) nonprofit corporation to assist in the LEA's schools before the corporation's volunteers may begin assisting students in a school.
  5. 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.

Acts 2019, ch. 248, § 16.

Part 2
Boards of Education

49-2-201. Election or appointment.

    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. All elections for school board members shall be conducted on a nonpartisan basis, and no person seeking a position on a board shall campaign as the nominee or representative of any political party.
    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. 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. 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. 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. 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. 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.
  1. 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.
    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. 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.
      1. Beginning with the election for members of boards of education to be held in the year 2000, a local governing body in a county that would otherwise conduct a county primary election may elect, by a two-thirds (2/3) vote, to have a nonpartisan primary election for members of the school board at that primary election.
      2. If one (1) candidate for a board of education election receives a majority of votes cast in the nonpartisan primary, then that candidate's name shall appear on the ballot in the general election. If no candidate for a board of education election receives a majority of votes cast in the nonpartisan primary, then the two (2) candidates receiving the two (2) highest vote totals shall run against one another in the regular election.
    1. This subsection (d) shall apply only to counties having a unified school system and a charter form of government.
    2. This subsection (d) shall not apply in any county 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.

Acts 1925, ch. 115, § 6; Shan. Supp., § 1487a26; mod. Code 1932, § 2317; Acts 1961, ch. 262, §§ 1-4; 1970, ch. 508, § 1; 1972, ch. 697, §§ 1, 2; 1972, ch. 784, § 1; 1973, ch. 170, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; Acts 1981, ch. 175, §§ 1, 2; 1983, ch. 424, §§ 1, 2; T.C.A. (orig. ed.), § 49-208; Acts 1986, ch. 830, § 1; 1992, ch. 535, § 39; 1995, ch. 40, §§ 1, 2; 1995, ch. 404, §§ 1-6; 1995, ch. 435, §§ 1, 2; 1998, ch. 620, § 1; 1998, ch. 1012, §§ 1, 2; 2000, ch. 753, § 1; 2002, ch. 496, § 1; 2005, ch. 320, § 1; 2008, ch. 772, § 1; 2014, ch. 716, § 1.

Code Commission Notes.

Former subsection (b), regarding board of education elections in certain counties, was deleted as obsolete by the code commission in 2002.

Compiler's Notes. For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Law Reviews.

Judicial Review and the Uniform Administrative Procedures Act (Toxey H. Sewell), 6 Mem. St. U.L. Rev. 253.

Symposium – Memphis in the Law: A Memphis Dilemma: A Half-Century of Public Education Reform in Memphis and Shelby County From Desegregation to Consolidation (Daniel Kiel), 41 U. Mem. L. Rev. 787 (2011).

The Sixth Circuit Year in Review — Leading Cases of 1997 (Judge Alice M. Batchelder, J. Clegg Ivey III, Rebecca C. Lutzko), 28 U. Mem. L. Rev. 345 (1998).

Attorney General Opinions. Tie vote in election, OAG 96-150, 1996 Tenn. AG LEXIS 173 (12/31/96).

Unification charter authority to place term limits, OAG 97-041, 1997 Tenn. AG LEXIS 40 (4/7/97).

Conflict between county charter and general law, OAG 97-132, 1997 Tenn. AG LEXIS 165 (9/23/97).

A proposed private act for Loudon County Board of Education, which would reconfigure its membership in order to mirror the membership of the county commission, met the requirements of T.C.A. § 49-2-201 relative to the election of school board members, OAG 02-057, 2002 Tenn. AG LEXIS 58 (4/30/02).

If a municipality was in the process of converting to a board of education elected entirely by districts as of June 6, 1995, but had not fully converted to that method of election on that date, it may elect its board of education in the same manner as it elects its governing body, OAG 03-113, 2003 Tenn. AG LEXIS 129 (9/9/03).

Vacancies on local boards of education. OAG 10-26, 2010 Tenn. AG LEXIS 21 (3/8/10).

Citizen school board member conflicts of interest. OAG 10-46, 2010 Tenn. AG LEXIS 46 (4/12/10).

A member of a county board of education holds a county office within the meaning of Article VII, Section 2 of the Tennessee Constitution so that, upon the occurrence of a vacancy on a county board of education, such vacancy may only be filled by the county legislative body until a successor can be elected and qualified.  Vacancies on boards of education for municipalities and special school districts are subject to the statutory provisions governing such vacancies according to Article VII, Section 4 of the Tennessee Constitution.  HB 2759/SB 3066 would have amended Tenn. Code Ann. §§ 49-2-201(a)(1) and 49-2-202(e) to permit local boards of education, whether county, city or special school district boards, to fill vacancies arising on such boards and therefore would have violated Article VII, Section 2 of the Tennessee Constitution with respect to county boards of education.  OAG 10-88, 2010 Tenn. AG Lexis 94.

The Education Improvement Act of 1992 supersedes the provisions of Chapter 44 of the 1973 Tennessee Private Acts, which sets the number of members for the Maury County Board of Education at ten members.  OAG 12-08, 2012 Tenn. AG LEXIS 9 (1/18/12).

A municipality may not cancel its board-of-education elections where only one candidate has successfully qualified for each of the positions.  T.C.A. § 49-2-201 requires that the board be elected by the people and an election need not be contested.  OAG 14-36, 2014 Tenn. AG LEXIS 37 (3/27/14).

Article VII, Section 2, of the Tennessee Constitution requires local legislative bodies to make appointments to fill vacancies that occur on local school boards until the next election. Amending T.C.A. §§ 49-2-201(a)(1) and -202(e) to allow the members of a county school board to appoint new members to fill vacancies would violate Article VII, Section 2, of the Tennessee Constitution. OAG 15-25, 2015 Tenn. AG LEXIS 25  (3/19/15).

The General Assembly has authorized the state Board of Education to establish policies, guidelines, and minimum standards that govern Tennessee’s system of public education, and the General Assembly has required local boards of education to comply with the state Board’s policies, guidelines, and standards in managing the public school systems in their respective jurisdictions. OAG 18-34, 2018 Tenn. AG LEXIS 33 (7/30/2018).

NOTES TO DECISIONS

1. Constitutionality.

The provision of T.C.A. § 49-2-201 limiting the number of members of the county board of education is not unconstitutionally vague under the state or federal constitutions. County of Shelby v. McWherter, 936 S.W.2d 923, 1996 Tenn. App. LEXIS 340 (Tenn. Ct. App. 1996).

Tenn. Code Ann. § 49-2-201(c), pertaining to the eligibility of residents to serve on school boards in counties with populations of 700,000 or more, is general in form and effect, and is not unconstitutional; therefore, local approval of the provision was not required. County of Shelby v. McWherter, 936 S.W.2d 923, 1996 Tenn. App. LEXIS 340 (Tenn. Ct. App. 1996).

2. Effect of Section.

Section 49-2-201 reflects the intention of the general assembly that the county board of education be a continuous body or entity, and that transactions had and contracts made with the board be transactions and contracts of the board as a legal entity and not of the individual members. Cox v. Greene County, 26 Tenn. App. 628, 175 S.W.2d 150, 1943 Tenn. App. LEXIS 119 (Tenn. Ct. App. 1943).

County charter was invalid, because it did not provide for the constitutional county offices or otherwise assign their duties to another office, agency, or official; however, a term limits amendment to the charter under Knox County, Tenn., County Charter art. VIII, § 8.17 was upheld, because there was a de facto government, as the term limits applied to all county officials with the exception of school board members and clerks of court. Jordan v. Knox County, 213 S.W.3d 751, 2007 Tenn. LEXIS 26 (Tenn. 2007).

3. Status of Members.

Members of the board of education are local officers and not precluded from serving as members of the general assembly. Boswell v. Powell, 163 Tenn. 445, 43 S.W.2d 495, 1931 Tenn. LEXIS 135 (1931).

4. Validity of Private Acts.

A private act reducing number of board but not otherwise changing the system was void. Smith v. Sells, 156 Tenn. 539, 3 S.W.2d 660, 1927 Tenn. LEXIS 150 (1928).

Where Private Acts 1939, chs. 181, 187, abolished the county board of education of Decatur County which had consisted of seven members elected from the county at large in accordance with the provisions of this section and created a board of school commissioners consisting of one member from each of the 12 districts elected by the voters of such district, such acts provided for a substantial change in the manner of selection of officials and amounted to a “real” and not merely “colorable” change so that they were not invalid on grounds that they improperly deprived the members of the board of education of their offices. Townsend v. Ray, 174 Tenn. 634, 130 S.W.2d 96, 1939 Tenn. LEXIS 9 (1939).

Provisions of Private Acts 1947, ch. 346, vesting in the county council of McMinn County control over disbursement of school funds, operation of buses and employment of drivers and janitors placed control of school system in hands of county council and were contrary to the general law which placed control of school affairs in the hands of county board of education and unconstitutional under Tenn. Const., art. XI, § 8. Donathan v. McMinn County, 187 Tenn. 220, 213 S.W.2d 173, 1948 Tenn. LEXIS 427 (1948).

Private Acts 1949, ch. 169, creating county board of school commissioners to replace county board of education and providing for election of members by qualified voters in respective school districts instead of by old method of election by county legislative body did not violate Tenn. Const., art. XI, § 17, and was valid. Taylor v. Taylor, 189 Tenn. 81, 222 S.W.2d 372, 1949 Tenn. LEXIS 403 (1949).

5. Reapportionment by Federal Court.

Despite the specific provisions of this statute, made applicable by § T.C.A. 49-2-111 in the event any federal court abolished a county board of education for reasons of malapportionment, a federal district court in a reapportionment case, as a court of equity, had sufficient latitude and power to mandate terms for board of education members contrary to the provisions of this section, but the court held that at the expiration of the terms so mandated by federal court the staggered election system outlined by this section would take effect. Rader v. Cliburn, 476 F.2d 182, 1973 U.S. App. LEXIS 10859 (6th Cir. Tenn. 1973).

6. Particular Plans.

In a county comprised of two school districts, one serving students within a city and the other serving the county outside the city, a county-wide election plan was unconstitutional because it diluted the votes of residents of the county district. Board of County Comm'rs v. Burson, 121 F.3d 244, 1997 FED App. 228P, 1997 FED App. 0228P, 1997 U.S. App. LEXIS 19285 (6th Cir. Tenn. 1997), rehearing denied, 127 F.3d 495, 1997 U.S. App. LEXIS 28538 (6th Cir. 1997), cert. denied, Walkup v. Board of Comm'rs, 522 U.S. 1113, 118 S. Ct. 1047, 140 L. Ed. 2d 111, 1998 U.S. LEXIS 944 (1998), superseded by statute as stated in, Bd. of Educ. v. Memphis City Bd. of Educ., — F. Supp. 2d —, 2011 U.S. Dist. LEXIS 87803 (W.D. Tenn. Aug. 8, 2011).

49-2-202. Members and meetings.

    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.
    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.
      1. 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. 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. 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.
    3. 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:

      not less than  nor more than

      14,940 15,000

      49,400 49,500

      74,500 74,600

      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 GED(R), 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 GED(R).

    4. If any member ceases to reside in the county, the office of the member shall become vacant.
    5. 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.
  1. All members of the local board of education shall take oath to discharge faithfully the duties of the office.
  2. It is the duty of the board of education to:
    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
    2. Elect one (1) of its members as chair annually.
  3. The compensation of members of the county board shall be fixed by the county legislative body for their services when attending regular and special meetings and discharging the duties imposed by this title; provided, that the county trustee shall pay no voucher issued to members unless the voucher has been approved by the county mayor; and provided, further, that no member of any board shall receive less than four dollars ($4.00) per day for the member's services.
    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. Vacancies shall be declared to exist, on account of death, resignation or removal from the county.
    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).
  4. 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.
  5. 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.

Acts 1925, ch. 115, § 6; Shan. Supp., §§ 1487a27-1487a29, 1487a39; Code 1932, §§ 2318-2320, 2328; Acts 1961, ch. 60, § 1; 1965, ch. 96, § 1; 1974, ch. 654, §§ 11, 12; 1982, ch. 792, § 1; T.C.A. (orig. ed.), §§ 49-209 — 49-211, 49-213; Acts 1988, ch. 638, § 1; 1989, ch. 362, §§ 1, 2; 1990, ch. 948, § 25; 1992, ch. 535, § 33; 1992, ch. 767, § 1; 1996, ch. 638, § 1; 1998, ch. 717, § 1; 2003, ch. 90, § 2; 2011, ch. 464, § 1; 2012, ch. 875, § 1; 2013, ch. 301, § 1; 2019, ch. 192, § 1.

Code Commission Notes.

The amendment to this section by Acts 1989, ch. 362 amending (a)(3) contained the language “beginning on January 1, 1990”; however, in view of the fact that this amendment took effect October 1, 1990, the code commission deemed the January 1, 1990, language to be inoperative, and substituted “beginning on October 1, 1990,” in its stead. The other references to October 1, 1990 contained in (a)(3) were contained in the amendment by ch. 362.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Acts 2019, ch. 192, § 2 provided that the act, which amended this section, shall apply to  boards of education allowing high school students to serve as advisory, nonvoting members of the board for the 2019-2020 school year and each school year thereafter.

Textbooks. Tennessee Jurisprudence, 22 Tenn. Juris., Schools, §§ 7, 13.

Law Reviews.

Local Government Law — 1957 Tennessee Survey (Thomas G. Roady, Jr. and Robert L. White), 10 Vand. L. Rev. 1127.

Attorney General Opinions. County school board — telephone meeting, OAG 99-152, 1999 Tenn. AG LEXIS 156 (8/16/99).

A person can simultaneously be a state employee, a member of the Democratic Party Executive Board, and a member of the school board, OAG 01-144 2001 Tenn. AG LEXIS 151 (9/4/01).

County employee as school board member, OAG 05-146, 2005 Tenn. AG LEXIS 148 (9/27/05).

Failure of county school board members to attend annual training.  OAG 10-87, 2010 Tenn. AG LEXIS 93 (7/20/10).

A board of education may not, by contract, limit its statutory decision-making authority by requiring a supermajority vote to approve termination of a director of schools when the statute provides for termination by majority vote. OAG 14-102, 2014 Tenn. AG LEXIS 105 (12/2/14).

Article VII, Section 2, of the Tennessee Constitution requires local legislative bodies to make appointments to fill vacancies that occur on local school boards until the next election. Amending T.C.A. §§ 49-2-201(a)(1) and -202(e) to allow the members of a county school board to appoint new members to fill vacancies would violate Article VII, Section 2, of the Tennessee Constitution. OAG 15-25, 2015 Tenn. AG LEXIS 25 (3/19/15).

NOTES TO DECISIONS

1. Nature of Office.

In view of the functions with which a county board of education is endowed, its members are primarily local officers although the board is a part of the state educational system. They hold offices of high trust but not of profit within meaning of the ouster law. Boswell v. Powell, 163 Tenn. 445, 43 S.W.2d 495, 1931 Tenn. LEXIS 135 (1931).

2. Election of Member of County Legislative Body.

Member of county legislative body whose resignation had been tendered but not accepted could not be elected as member of school board during the term for which the member had been elected to the county legislative body, and the subsequent acceptance of the resignation and the election of a successor to the county legislative body and the member's reelection thereafter did not cure the member's ineligibility. State ex rel. Howell v. Sensing, 188 Tenn. 684, 222 S.W.2d 13, 1949 Tenn. LEXIS 390 (1949).

3. Compensation Paid by Board.

When the record shows a number of regular and special meetings by the board, but that no action was taken by the county legislative body fixing the amount of compensation per day for the members, and the board undertook to pay itself an annual salary for its services, the evidence showing no disparity between the lump sum drawn as salaries and the aggregate lawful per diem that might have been drawn, that such course taken was an inadvertence rather than a conscious or willful violation of law, subjecting them to removal. State ex rel. Ten Citizens of Campbell County v. Smith, 158 Tenn. 26, 11 S.W.2d 897, 1928 Tenn. LEXIS 120 (1928).

4. Removal of Members of Board.

Members of county legislative body were not disqualified from removing members of county board of education under provisions of Acts 1921, ch. 120, § 9, where they acted in official capacity. State ex rel. Lillard v. Humphreys, 163 Tenn. 20, 40 S.W.2d 405, 1930 Tenn. LEXIS 133 (1931).

5. Special Meeting.

Notice of special meeting of the county board of education which was sent out by the secretary of the board at the request of the chairman and which showed on its face that it was authorized by the chairman was legal and sufficient. State ex rel. Sims v. Reagan, 175 Tenn. 607, 136 S.W.2d 521, 1939 Tenn. LEXIS 80 (1940).

6. Private Act Providing for Different Qualifications.

Private Acts 1947, ch. 773, requiring members of county board of education for Scott County to have “a high school diploma or its equivalent” conflicted with provision of this section requiring members of county boards to have only a “practical education” and was unconstitutional. Phillips v. West, 187 Tenn. 57, 213 S.W.2d 3, 1948 Tenn. LEXIS 410 (1948).

Private act giving one county alone the right to elect members of the county legislative body to its board of education contrary to the provisions of this section was unconstitutional under Tenn. Const. art. XI, § 8. Algee v. State, 200 Tenn. 127, 290 S.W.2d 869, 1956 Tenn. LEXIS 385 (1956).

7. Vacancies.

The county legislative body may fill a vacancy pending the August election. This is the clear mandate of Tenn. Const. art. VII, § 2. Marion County Bd. of Comm'rs v. Marion County Election Com., 594 S.W.2d 681, 1980 Tenn. LEXIS 407 (Tenn. 1980).

49-2-203. Duties and powers.

  1. It is the duty of the local board of education to:
    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. 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. All contracts with educational assistants will be for nonteaching positions;
      3. Educational assistants shall be subject to direct supervision of certificated teachers when directly involved in the instructional program; and
      4. 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;
    2. Manage and control all public schools established or that may be established under its jurisdiction;
      1. Purchase all supplies, furniture, fixtures and material of every kind through the executive committee;
      2. All expenditures for such purposes may follow the prescribed procedures of the LEA's respective local governing body, so long as 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, it may be waived in case of emergency. If the LEA chooses not to follow the local governing body's purchasing procedures, all expenditures for such purposes estimated to exceed ten thousand dollars ($10,000) or more shall be made on competitive bids, which shall be solicited by advertisement in a newspaper of general circulation in the county, except that the newspaper advertisement may be waived in the event of emergency. School districts that have a purchasing division may use a comprehensive vendor list for the purpose of soliciting competitive bids; provided, that the vendors on the list are given notice to bid; and provided, further, that 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. If the LEA chooses not to follow the local governing body's purchasing procedures, all purchases of less than ten thousand dollars ($10,000) may be made in the open market without newspaper notice, but shall, whenever possible, be based upon at least three (3) competitive bids;
        1. For construction of school buildings or additions to existing buildings, the LEA may follow prescribed procedures of its respective local governing body, so long as that body, through its charter, private act or ordinance has established a procurement procedure that provides for advertisement and competitive bidding. If the LEA chooses not to follow the local governing body's procedure, the board shall contract, following open bids, for the construction of school buildings or additions to existing buildings, the expenditure for which is in excess of ten thousand dollars ($10,000). Public notice shall 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 local governing body procedures or those 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, with the approval of the commissioner of education;
        2. 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. 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 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. 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. 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);
      4. No board of education shall be precluded from purchasing materials and employing labor for the construction of school buildings or additions to school buildings;
      5. 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;
        1. 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. 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. 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. 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. 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. 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;
    3. Order warrants drawn on the county trustee on account of the elementary and the high school funds, respectively;
    4. Visit the schools whenever, in the judgment of the board, such visits are necessary;
    5. 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;
    6. 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;
    7. 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;
        1. 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. 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;
        1. 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. 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;
      1. 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;
    8. 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;
    9. 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;
    10. 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;
      1. 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. 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. 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;
    11. 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
    12. 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.
  2. The local board of education has the power to:
    1. Consolidate two (2) or more schools whenever in its judgment the efficiency of the schools would be improved by the consolidation;
    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. Establish night schools and part-time schools whenever in the judgment of the board they may be necessary;
    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. 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. 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;
    5. Employ legal counsel to advise or represent the board;
    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. 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. 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. The hearings shall occur no later than thirty (30) days after the teacher's request;
      2. The teacher shall be allowed to appear, call witnesses and plead the teacher's cause in person or by counsel;
      3. The board of education shall issue a written decision regarding continued employment of the teacher; and
      4. Nothing contained in this subdivision (b)(8) shall be construed to grant tenure or the expectation of continued employment to any person;
    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. 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);
    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. State basic education program (BEP) funds and any required local matching funds 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;
    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. 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. Cooperate with community organizations in offering extended learning opportunities;
    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. 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 participation in the basic education program.
    1. Notwithstanding title 8, chapter 44, part 1, a local board of education may conduct a scheduled board meeting by electronic means as long as the member can be visually identified by the chair, including, but not limited to, telephone, videoconferencing or other web-based media, if a member is absent because the member is required to be out of the county in which the LEA is located for the member's work, the member is dealing with a family emergency as determined by the LEA, or because of the member's military service. Only members who are out of the county for work, family emergency or military service may attend and participate in the meeting electronically.
    2. No board meeting shall be conducted with electronic participation unless a quorum of members is physically present at the location of the meeting.
    3. 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.
    4. No board member shall participate electronically in board meetings more than two (2) times per year; except, that this limitation shall not apply to a board member who is out of the county due to military service.
    5. The local board of education shall develop a policy for conducting such meetings.
      1. 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. 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. 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. 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.
    1. 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.
      1. 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. Seek equitable relief in the chancery court of Davidson County; or
        2. Request the comptroller to undertake binding arbitration to resolve any disagreements. The comptroller shall select the arbitrator.
      2. 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. 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. 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.
    2. 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.
    3. This subsection (d) shall not apply to any action, case, or proceeding commenced prior to June 1, 2014.
    4. 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.
    5. This subsection (d) shall not apply in counties having a population, according to the 2010 federal census or any subsequent federal census of:

      not less than:  nor more than:

      98,900 99,000

      336,400 336,500

  3. 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.

Acts 1925, ch. 115, § 6; Shan. Supp., §§ 1487a35, 1487a36; Code 1932, ch. 175, § 1; Code 1932, § 2326; Acts 1947, ch. 92, § 17; 1947, ch. 142, §§ 1, 2; 1949, ch. 102, § 1; mod. C. Supp. 1950, § 2326 (Williams, §§ 2326, 2326.1, 2496.1); Acts 1957, ch. 90, § 2; 1974, ch. 654, §§ 14-22; 1975, ch. 56, § 1; modified; Acts 1977, ch. 184, § 1; 1977, ch. 196, §§ 1, 2; 1977, ch. 243, § 1; 1979, ch. 19, § 1; 1979, ch. 221, § 1; 1981, ch. 150, § 1; 1981, ch. 187, § 1; 1981, ch. 200, § 1; 1982, ch. 765, § 1; 1983, ch. 243, § 2; 1983, ch. 296, § 1; 1983, ch. 362, § 1; 1983, ch. 367, § 1; T.C.A. (orig. ed.), §§ 49-214, 49-215; Acts 1984 (1st Ex. Sess.), ch. 7, § 94; 1984, ch. 549, § 1; 1984, ch. 596, § 1; 1986, ch. 521, §§ 1, 2, 4, 5; 1986, ch. 689, § 1; 1987, ch. 280, §§ 1, 3; 1988, ch. 479, § 1; 1988, ch. 640, § 1; 1988, ch. 659, § 1; 1989, ch. 37, § 1; 1989, ch. 199, § 1; 1990, ch. 711, § 1; 1990, ch. 903, § 1; 1992, ch. 535, §§ 7, 8, 20, 48; 1992, ch. 603, § 1; 1992, ch. 657, §§ 1, 2, 4, 6; 1995, ch. 179, §§ 9, 10; 1996, ch. 923, §§ 1, 2; 1996, ch. 988, § 9; 1996, ch. 1079, § 183; 1998, ch. 1060, § 1; 2000, ch. 981, § 38; 2001, ch. 269, § 1; 2001, ch. 270, § 1; 2002, ch. 770, § 1; 2002, ch. 824, §§ 1, 2; 2004, ch. 585, § 1; 2004, ch. 764, § 1; 2005, ch. 462, § 1; 2006, ch. 567, §§ 1-3; 2006, ch. 664, §§ 1, 2; 2006, ch. 751, §§ 1, 2; 2006, ch. 848, § 1; 2007, ch. 315, § 1; 2008, ch. 647, § 1; 2008, ch. 683, § 1; 2008, ch. 940, § 1; 2009, ch. 514, § 1; 2010, ch. 755, § 1; 2011, ch. 138, § 1; 2012, ch. 823, §§ 1, 2; 2012, ch. 905, § 1; 2012, ch. 934, § 1; 2013, ch. 281, § 1; 2014, ch. 901, § 2; 2016, ch. 532, § 1; 2019, ch. 248, §§ 13, 25-27; 2020, ch. 576, § 2; 2020, ch. 618, § 1.

Code Commission Notes.

Former subdivisions (a)(3) and (a)(15)(B)-(E) were deleted as obsolete by the code commission in 2002.

Compiler's Notes. Section 49-5-5209, referred to in subdivision (b)(11), was repealed by Acts. 2013, ch. 214, § 1, effective April 23, 2013.

Acts 2004, ch. 585, § 2 provided that local education agencies shall not be required to replace existing supplies of handbooks in order to include the information required in subdivision (b)(13) until such supplies are exhausted.

Acts 2005, ch. 462, § 2 provided that no expenditure of public funds pursuant to that act shall be made in violation of the provisions of Title VI of the Civil Rights Act of 1964, as codified in 42 U.S.C. § 2000d.

Acts 2006, ch. 848, § 2 provided that no expenditure of public funds pursuant to the act shall be made in violation of the provisions of Title VI of the Civil Rights Act of 1964, as codified in 42 U.S.C. § 2000d.

For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Amendments. The 2020 amendment by ch. 576, in (a)(9)(A)(i), in the first sentence, inserted “the” preceding “chair”, inserted “of education”, and substituted “the budget” for “it” and added the second sentence.

The 2020 amendment by ch. 618 added (e).

Effective Dates. Acts 2020, ch. 576, § 3. March 19, 2020.

Acts 2020, ch. 618, § 2. March 25, 2020.

Cross-References. Basic personnel requirements, § 49-5-101.

County and municipal contracts, leases and lease-purchase agreements, title 7, ch. 51, part 9.

Restrictions on replacing local funds with state funds, § 49-3-314.

Sale of surplus property in certain counties, § 49-6-2007.

Textbooks. Tennessee Jurisprudence, 22 Tenn. Juris., Schools, §§ 10-13, 29.

Law Reviews.

John Forrest Dillon Goes To School: Dillon's Rule In Tennessee Ten Years After Southern Constructors (Elijah Swiney), 79 Tenn. L. Rev. 103 (2011).

Schools — Dismissal of Teachers, 16 Tenn. L. Rev. 1002.

Symposium – Memphis in the Law: A Memphis Dilemma: A Half-Century of Public Education Reform in Memphis and Shelby County From Desegregation to Consolidation (Daniel Kiel), 41 U. Mem. L. Rev. 787 (2011).

Attorney General Opinions. Constitutionality of restriction regarding use of county school facilities by political organizations, OAG 90-105, 1990 Tenn. AG LEXIS 105 (12/19/90).

Authority of local school board to donate surplus property, OAG 96-046, 1996 Tenn. AG LEXIS 36 (3/14/96).

Participation of principals in collective bargaining under Education Improvement Act, OAG 97-106, 1997 Tenn. AG LEXIS 97 (7/28/97).

Superintendent's (now director of schools) favorable recommendation required for tenure, OAG 98-009, 1998 Tenn. AG LEXIS 9 (1/9/98).

Authority over school location, design and construction, OAG 99-015, 1999 Tenn. AG LEXIS 36 (1/29/99).

Authority to offer early retirement incentives, OAG 99-079, 1999 Tenn. AG LEXIS 79 (4/5/99).

Authority to review decisions regarding teacher assignments and contracts, OAG 99-091, 1999 Tenn. AG LEXIS 91 (4/12/99).

County school board's authority to contract with public building authority, OAG 99-094, 1999 Tenn. AG LEXIS 94 (4/21/99).

Authority to make changes in approved school budget, OAG 99-100, 1999 Tenn. AG LEXIS 100 (5/4/99).

School board authority to adopt uniform clothing policy, OAG 99-141, 1999 Tenn. AG LEXIS 167 (7/27/99).

Authority and responsibility to maintain schools, OAG 99-151, 1999 Tenn. AG LEXIS 157 (8/16/99).

Authority over school construction, OAG 99-171, 1999 Tenn. AG LEXIS 137 (9/2/99).

School building project bids, OAG 99-204, 1999 Tenn. AG LEXIS 194 (10/14/99).

Conflict of interest — school board member, OAG 99-209, 1999 Tenn. AG LEXIS 194 (10/20/99).

Fund raising, school property, county trustee, audits, OAG 00-005, 2000 Tenn. AG LEXIS 5 (1/11/00).

T.C.A. § 49-2-203(a)(4)(C)(2) (see now (a)(3)(C)(ii)) does not prohibit a construction manager from performing “actual construction work” on a project that the construction manager superintends as long as the statutory requirements are observed, OAG 00-117, 2000 Tenn. AG LEXIS 119 (7/5/00).

Unless it has fewer students than the previous year, county school system must maintain its level of K-12 education funding in an amount sufficient to make up for the amount of city funding, if the city stops paying, OAG 02-068, 2002 Tenn. AG LEXIS 144 (5/22/01).

A school board cannot legally extend the term of a four year contract with the director of schools during the contract term, effectively extending the contract more than four years from the original contract date, OAG 01-102, 2001 Tenn. AG LEXIS 93 (6/22/01).

A city board of education may not contract out its duty to manage and control schools, OAG 01-111, 2001 Tenn. AG LEXIS 102 (7/11/01).

A city board of education could contract out the operation and control of one or more regular school sites as the board's charter gives it broad powers to contract, OAG 01-111, 2001 Tenn. AG LEXIS 102 (7/11/01).

A school board is permitted to use school property for public, community, or recreational purposes, regardless of whether a benefit may accrue to the prospective user, so long as the board follows its rules adopted under T.C.A. § 49-2-203(b)(4) and makes findings that the proposed use is for a public, community, or recreational purpose, OAG 02-085, 2002 Tenn. AG LEXIS 90 (8/5/02).

If a school board or school official allows a school building or school property to be used for “private benefit,” the individual school board members and school officials would be immune from a personal injury lawsuit in state court, assuming the school board members and officials made their decision under the rules they have adopted for use of school property, OAG 02-085, 2002 Tenn. AG LEXIS 90 (8/5/02).

Requests for proposals must be in writing, OAG 04-084, 2004 Tenn. AG LEXIS 87 (5/05/04).

All proposals are open to the public for inspection after the evaluation process is completed, OAG 04-084, 2004 Tenn. AG LEXIS 87 (5/05/04).

Authority of school board to employ legal counsel, OAG 04-098, 2004 Tenn. AG LEXIS 109 (6/24/04).

When teachers have elected a professional employee organization to represent them, then, under T.C.A. § 49-5-609, the school board may exclude any similar organization, OAG 06-051, 2006 Tenn. AG LEXIS 51 (3/20/06).

Reduction of local school funding by a county commission, OAG 07-095, 2007 Tenn. AG LEXIS 95 (6/25/07).

Local school board members are prohibited from serving as substitute teachers in the same system where they serve as a board member, by acting through a third party contractor that provides substitute teachers, OAG 08-180, 2008 Tenn. AG LEXIS 220 (12/1/08).

Constitutionality of amendments to BEP's “maintenance of effort” provisions, OAG 08-194, 2008 Tenn. AG LEXIS 239 (12/29/08).

Citizen school board member conflicts of interest.  OAG 10-46, 2010 Tenn. AG LEXIS 46 (4/12/10).

Authority to close and/or consolidate schools.  OAG 11-37, 2011 Tenn. AG LEXIS 39 (4/26/11).

Extending contracts for directors of schools.  OAG 12-69, 2012 Tenn. AG LEXIS 69 (7/6/12).

A school board cannot legally extend a contract of a director of schools without giving the notice required by T.C.A.  § 49-2-203; an extension of a contract made without the proper notice would be invalid.  OAG 12-100, 2012 Tenn. AG LEXIS 105 (10/30/12).

T.C.A. § 12-4-115 (transferred to T.C.A. § 12-4-110) does not apply to contracts procured by a local education agency for the construction or renovation of public school buildings, regardless of the specific procurement process employed by the LEA for its construction projects.  T.C.A. § 49-2-203 controls how an LEA shall procure contracts to construct or renovate a public school.  OAG 13-04, 2013 Tenn. AG LEXIS 1 (1/10/13).

The interest earned on money in the school general-purpose fund may be used by the county government for non-school-related purposes.  If the interest earned on money in the school general-purpose fund is not currently appropriated to school funding, it is outside the county's “maintenance of effort” requirement and is not to be used in determining whether the “maintenance of effort” obligation has been met.  OAG 13-107, 2013 Tenn. AG LEXIS 112 (12/20/13).

A board of education may not, by contract, limit its statutory decision-making authority by requiring a supermajority vote to approve termination of a director of schools when the statute provides for termination by majority vote. OAG 14-102, 2014 Tenn. AG LEXIS 105 (12/2/14).

Arbitration of disputes involving remittance of liquor-by-the-drink tax revenue. OAG 15-11, 2015 Tenn. AG LEXIS 11 (2/4/15).

One Local Education Agency (LEA) may not open and operate a public school within the jurisdictional boundaries of another LEA, because no such power is conferred on a LEA by statute.  Further, a LEA has no inherent power and is not expressly or impliedly authorized by statute to operate a charter school within the jurisdictional boundaries of another LEA.  A charter school operator is not expressly or impliedly authorized by statute to operate its school outside the jurisdictional boundaries of the chartering authority. OAG 17-40, 2017 Tenn. AG LEXIS 40 (9/20/2017).

A Local Education Agency (LEA) does not have the authority to open and operate a public school or a charter school within the jurisdictional boundaries of another LEA.  LEAs have only those powers conferred on them by statute.  The statutes concerning the powers of LEAs, T.C.A. § 49-2-203 and TC.A. § 49-13-101, et seq., do not expressly give LEAs the authority to open and operate public schools or charter schools outside of their jurisdictional boundaries.  Nor does such authority arise by necessary implication.  LEAs are able to fulfill their statutory mandate without establishing or operating charter schools outside their jurisdictional boundaries. OAG 17-41, 2017 Tenn. AG LEXIS 41 (9/20/2017).

A county board of education may vote on a non-binding memorandum of understanding regarding the potential formation of a “partnership district” that would allow the Tennessee Department of Education, the county school board, and a private company to collaborate to improve education for students in certain “priority schools” (i.e., low-performing schools) even though current law does not provide for such a partnership. OAG 17-42, 2017 Tenn. AG LEXIS 42 (9/21/2017).

The General Assembly has authorized the state Board of Education to establish policies, guidelines, and minimum standards that govern Tennessee’s system of public education, and the General Assembly has required local boards of education to comply with the state Board’s policies, guidelines, and standards in managing the public school systems in their respective jurisdictions. OAG 18-34, 2018 Tenn. AG LEXIS 33 (7/30/2018).

A county school board's duty to “[m]anage and control all public schools” under T.C.A. § 49-2-203(a)(2) does not categorically prevent the Knox County Board of Education from relocating its administrative offices to the TVA East Tower. Similarly, the requirement that the Board have the custody of all county school property under T.C.A. § 49-6-2004(a) does not foreclose the Board from relocating its administrative offices to the TVA East Tower. As long as the lease agreement for the office space does not impinge on the Board's duty to manage and control the public schools under its jurisdiction and does not impinge on the Board's authority to have the county's school property in its charge, locating the Board's administrative offices in the TVA East Tower would not be prohibited by these statutory provisions. OAG 20-03, 2020 Tenn. AG LEXIS 14 (3/4/2020).

NOTES TO DECISIONS

1. Constitutionality.

The provisions of T.C.A. §§ 49-2-203 and 49-2-301 abolishing the office of county superintendent (now director of schools) of public instruction and authorizing each local board of education to employ a director of public schools do not violate Tenn. Const. art. XI, § 17, since the legislatively created office of superintendent (now director of schools) could be abolished and the director is a county employee. County of Shelby v. McWherter, 936 S.W.2d 923, 1996 Tenn. App. LEXIS 340 (Tenn. Ct. App. 1996).

2. Purpose.

The purpose of T.C.A. § 49-2-203 is to adopt uniform minimum attendance standards to prevent students from being kicked out and to save them from the street. Richardson v. Fentress County School Bd., 840 S.W.2d 940, 1992 Tenn. App. LEXIS 643 (Tenn. Ct. App. 1992).

3. Nature of Powers and Duties of Board.

The county board of education has exclusive management and control of the county schools including the right to contract and be contracted with. Benson v. Hardin County, 173 Tenn. 246, 116 S.W.2d 1025, 1938 Tenn. LEXIS 14 (1938).

County board of education and county legislative body have a reasonable discretion in carrying out their duties, and the courts are the final arbiters of whether such discretion has been reasonable or capricious. State ex rel. Bobo v. Moore, 207 Tenn. 622, 341 S.W.2d 746, 1960 Tenn. LEXIS 502 (1960).

County board of education has exclusive management and control of county schools including right to contract and be contracted with and county was in privy with board and bound by judgment against board in action brought by teacher claiming tenure. State ex rel. Bobo v. Moore, 207 Tenn. 622, 341 S.W.2d 746, 1960 Tenn. LEXIS 502 (1960).

Duties of superintendent (now director) of schools do not override duties of school board. State ex rel. Bobo v. Moore, 207 Tenn. 622, 341 S.W.2d 746, 1960 Tenn. LEXIS 502 (1960).

Suggestion that it would be improper, as infringement of one department of government upon another, for court to require county legislative body to provide for satisfaction and payment of just debts incurred by county board of education for benefit of county was without merit. State ex rel. Bobo v. Moore, 207 Tenn. 622, 341 S.W.2d 746, 1960 Tenn. LEXIS 502 (1960).

The county board of education is the supreme authority in school matters within the county, and the superintendent (now director) of schools is subservient to the board. Howard v. Bogart, 575 S.W.2d 281, 1979 Tenn. LEXIS 411 (Tenn. 1979).

In hiring and discharging school personnel the board is supreme and may take such action alone, over the objection of the superintendent (now director of schools). Howard v. Bogart, 575 S.W.2d 281, 1979 Tenn. LEXIS 411 (Tenn. 1979).

4. Compensable Services of Board.

Members of a county board of education may lawfully receive compensation for services other than those of attending the regular and special meetings of the board. State ex rel. Ten Citizens of Campbell County v. Smith, 158 Tenn. 26, 11 S.W.2d 897, 1928 Tenn. LEXIS 120 (1928).

5. Duties in Construction of Schools.

Where county legislative body pursuant to resolution authorized issuance and sale of school bonds for construction of an additional high school and lodged proceeds of bonds with trustee, its authority ended except to audit accounts of school board, and selection of site by school board and awarding of contract for erection of school could not be interfered with by the county legislative body. Bandy v. State, 186 Tenn. 11, 207 S.W.2d 1011, 1948 Tenn. LEXIS 600 (1948).

6. Contracts of Persons Other Than Teachers.

The act of a school board in hiring clerical assistance is a business and not a governmental function; thus contracts made with these assistants are valid even though they extend beyond the term of the board itself. Cox v. Greene County, 26 Tenn. App. 628, 175 S.W.2d 150, 1943 Tenn. App. LEXIS 119 (Tenn. Ct. App. 1943).

Contracts of employment for janitors and bus drivers made by a school board just prior to the date their term of office expired and a new school board took over were valid contracts which the new board could not breach without liability since Acts 1947, ch. 8, § 15, made it the duty of the old board to employ such personnel. Cagle v. Wheeler, 35 Tenn. App. 53, 242 S.W.2d 338, 1951 Tenn. App. LEXIS 114 (Tenn. Ct. App. 1951).

7. Contracts of Teachers.

Where teachers were elected by the county board of education but no compensation fixed at the time, such election was valid as to teachers who filed a bill to enforce such agreement since Acts 1937, ch. 127, provided for uniform statewide schedule of salaries for teachers and provided further that list of the teachers of each county should be furnished to the state authorities who would finally fix the compensation of the teachers in the state so that there was an implied agreement for the subsequent fixing of salaries which was ratified by the filing of the bill. Davis v. Lawson, 172 Tenn. 13, 108 S.W.2d 1095, 1937 Tenn. LEXIS 44 (1937).

Whether teachers were elected before or after the adoption of an annual budget, the number so elected could not exceed the number approved by the commissioner of education, and if more teachers were elected than those allowed by the law, then only those who were assigned teaching duties and whose salary was fixed by the commissioner of education would be allowed a recovery against the county school board for services rendered. Eason v. Hardin County Bd. of Educ., 180 Tenn. 147, 172 S.W.2d 816, 1943 Tenn. LEXIS 32 (1943).

Where the county school board ignored the recommendations of the county school superintendent (director of schools) and elected 138 teachers but the state board of education only allowed 94 teachers, the contracts of teachers who were not assigned teaching duties were unenforceable and an attempted ratification of the election did not validate such contracts. Eason v. Hardin County Bd. of Educ., 180 Tenn. 147, 172 S.W.2d 816, 1943 Tenn. LEXIS 32 (1943).

This statute vests in the local board of education the full and unconditional right to elect teachers, and a recommendation by the superintendent (now director of schools) pursuant to statute is not made a condition of employment. Sanders v. Vinson, 558 S.W.2d 838, 1977 Tenn. LEXIS 665 (Tenn. 1977).

Although Acts 1971, ch. 439, § 7(9), which is an appropriation act funding various state educational programs, may require that a teacher be recommended by the superintendent (now director of schools) as well as elected by the board in order for the position to be funded under the state's minimum foundation program, it does not deprive the board of education of the authority to enter into a valid contract of employment without the recommendation of the superintendent, for one to serve as a Title I Coordinator or in some other teaching position. Howard v. Bogart, 575 S.W.2d 281, 1979 Tenn. LEXIS 411 (Tenn. 1979).

Teacher aides do not have civil service protection or a concomitant reasonable expectation of continued employment beyond the aides’ contract period under T.C.A. § 49-2-203(a)(7) (now §  49-2-203(a)(6)); the provisions simply delineate the rights of employees during the contract period. Cantrell v. Knox County Bd. of Educ., 53 S.W.3d 659, 2001 Tenn. LEXIS 619 (Tenn. 2001).

8. Dismissal of Teachers.

Since former subdivision (10) does not specify marriage as a ground for the removal of a teacher, a county board of education was without authority to dismiss a teacher for that reason. Knox County v. State, 177 Tenn. 171, 147 S.W.2d 100, 1940 Tenn. LEXIS 23 (1940).

A board of education could not properly discharge a teacher for the reason that they had exceeded their budget, as this would be assuming a judicial function which they cannot do and the remedy of the board is by action in the proper courts, and further, the board here could not maintain its statement that it had exceeded its budget for the simple reason that the budget is not an absolute figure but tentative only in light of unknown facts. Little v. Carter County Board of Education, 24 Tenn. App. 465, 146 S.W.2d 144, 1940 Tenn. App. LEXIS 53 (Tenn. Ct. App. 1940).

The provisions of subdivision (a)(7) (now (a)(6)) as to notice and hearing upon discharge of teacher did not apply to teacher whose contract had expired and who was not reemployed. Shannon v. Board of Education, 199 Tenn. 250, 286 S.W.2d 571, 1955 Tenn. LEXIS 303 (1955).

When complainant was given notice of discharge, even though grounds of dismissal were not spelled out, it was sufficient where it notified complainant fully of the charges by reference. Johnson v. Jackson, 42 Tenn. App. 296, 302 S.W.2d 355, 1956 Tenn. App. LEXIS 129 (Tenn. Ct. App. 1956).

9. Budget and Tax.

There is a limitation on the power of the board to make contracts for the expenditure of money beyond the budget prescribed by subdivision (a)(11) (now (a)(10)). State ex rel. Brown v. Polk County, 165 Tenn. 196, 54 S.W.2d 714, 1932 Tenn. LEXIS 37 (1932).

Board may amend its budget. State ex rel. Bobo v. Moore, 207 Tenn. 622, 341 S.W.2d 746, 1960 Tenn. LEXIS 502 (1960).

County legislative body has reasonable discretion in fixing amount of school tax and is not bound by the superintendent (now director of schools). State ex rel. Bobo v. Moore, 207 Tenn. 622, 341 S.W.2d 746, 1960 Tenn. LEXIS 502 (1960).

10. Submission of Budget.

The election of school teachers by the county board of education on March 20 was not invalid on grounds that such election was before the school budget had been presented to the county legislative body and revenues provided therefore since subdivision (a)(11) (now (a)(10)) required that such budget be submitted at the April term, and Acts 1937, ch. 127, § 3(a), required that the election of teachers “on or before May 1st” so that by clear implication the date of the election of the teachers was not dependent for validity upon action previously taken touching on the school budget, and since any budget adopted before the final date for the election of the teachers would be no more than tentative since under the Act of 1937, final action had not yet been taken with reference to state appropriation for such salaries. Davis v. Lawson, 172 Tenn. 13, 108 S.W.2d 1095, 1937 Tenn. LEXIS 44 (1937) (decision under prior law).

11. Validity of Private Acts.

Where under the general law the various counties of the state were authorized to choose their teachers, fix their salaries and contract accordingly with such teachers, Private Acts 1935, ch. 620, as amended by Private Acts 1935 (E.S.), ch. 82, which fixed minimum graduated salaries to be paid the teachers of Hamilton County was inconsistent with the general law in that it deprived Hamilton County of its right to contract according to its ability and placed on such county a burden imposed on no other county of the state and was violative of Tenn. Const., art. I, § 8, and art. XI, § 8. State ex rel. Bales v. Hamilton County, 170 Tenn. 371, 95 S.W.2d 618, 1935 Tenn. LEXIS 144 (1936).

Private Acts 1937 (3rd E.S.), ch. 18, applicable to Knox County alone on a population basis which set up a civil service or permanent tenure plan for the teachers of that county was unconstitutional so far as it specified grounds for dismissal not appearing in subdivision (a)(8) (now (a)(6)). Knox County v. State, 177 Tenn. 171, 147 S.W.2d 100, 1940 Tenn. LEXIS 23 (1940).

Private Acts 1947, ch. 773, governing county school board of Scott County, which provided that employees could not be elected by the board unless recommended by county superintendent (now director of schools) was unconstitutional since it went beyond and contravened the general law which contained no such qualification to election of employees. Phillips v. West, 187 Tenn. 57, 213 S.W.2d 3, 1948 Tenn. LEXIS 410 (1948).

Provisions of Private Acts 1947, ch. 346, vesting in the county council of McMinn County over disbursement of school funds, operation of buses and employment of drivers and janitors placed control of school system in hands of county council and were contrary to the general law which placed control of school affairs in the hands of county board of education, and unconstitutional under Tenn. Const. art. XI, § 8. Donathan v. McMinn County, 187 Tenn. 220, 213 S.W.2d 173, 1948 Tenn. LEXIS 427 (1948).

Where finance and purchasing commission created for Rhea County by Private Acts 1949, ch. 317, had no other function as to board of education than to act as purchasing commission and had only the right to approve and supervise, such act did not violate Tenn. Const. art. XI, § 8, since formerly subdivision (a)(4) of this section specifically exempted counties having purchasing commissions from the provisions of the general law. Hicks v. Rhea County, 189 Tenn. 383, 225 S.W.2d 544, 1949 Tenn. LEXIS 445 (1949).

12. Relation to County Director of Schools.

The duties assigned the county superintendent (now director of schools) under the statutes with respect to the essential features of school management do not override the authority of the school board, and the ultimate responsibility and authority with respect to such matters rests with the board. State v. Yoakum, 201 Tenn. 180, 297 S.W.2d 635, 1956 Tenn. LEXIS 481 (1956).

13. Expulsion of Pupils.

Rule of board of education expelling for the remainder of the school term any pupil who marries was not arbitrary or unreasonable. State ex rel. Thompson v. Marion County Board of Education, 202 Tenn. 29, 302 S.W.2d 57, 1957 Tenn. LEXIS 359 (1957).

14. Dress Code Regulations.

County board of education dress code rule promulgated under this section was not unconstitutionally vague. Morrison v. Hamilton County Board of Education, 494 S.W.2d 770, 1973 Tenn. LEXIS 413, 58 A.L.R.3d 1219 (Tenn. 1973), cert. denied, 414 U.S. 1044, 94 S. Ct. 548, 38 L. Ed. 2d 335, 1973 U.S. LEXIS 1528 (1973).

15. Long-Term Contracts.

The legislature never intended that title 49, ch. 2 serve as a limitation upon the authority of counties to enter into long-term contracts. Washington County Bd. of Education v. MarketAmerica, Inc., 693 S.W.2d 344, 1985 Tenn. LEXIS 604 (Tenn. 1985).

Long-term contract by local board of education, which did not require the county to raise any additional revenue than if the contract was not in existence, and which was entered into before the enactment of title 7, ch. 51, part 9, was valid. Washington County Bd. of Education v. MarketAmerica, Inc., 693 S.W.2d 344, 1985 Tenn. LEXIS 604 (Tenn. 1985).

16. Official Records of the Board.

Since certain ambiguities in official records, including some technical omissions, may be explained by parol evidence, where undisputed testimony indicated that a school board had voted, and the outcome of the vote, failure to record such vote in the minutes did not invalidate it. Bundren v. Peters, 732 F. Supp. 1486, 1989 U.S. Dist. LEXIS 16980 (E.D. Tenn. 1989).

17. Power to Arbitrate in Construction Contract.

The power of a county board of education to arbitrate is implied from the express T.C.A. § 49-2-203 power to contract in the first instance. S. Constructors, Inc. v. Loudon County Bd. of Educ., 58 S.W.3d 706, 2001 Tenn. LEXIS 763 (Tenn. 2001).

18. Standing.

Board of education did not exercise its discretionary power to provide written notice to the teacher that her contract would not be renewed, and no other statute provided non-tenured teachers the right to a hearing in this circumstance; the trial court properly concluded that the teacher lacked standing. Wash. Cty. Educ. Ass'n v. Wash. Cty. Bd. of Educ., — S.W.3d —, 2019 Tenn. App. LEXIS 305 (Tenn. Ct. App. June 20, 2019).

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.

Acts 1925, ch. 115, § 6; Shan. Supp., § 1487a40; Code 1932, § 2329; Acts 1974, ch. 654, § 23; T.C.A. (orig. ed.), § 49-216; Acts 1989, ch. 591, § 111.

Cross-References. County and municipal contracts, leases and lease-purchase agreements, title 7, ch. 51, part 9.

Penalty for Class A misdemeanor, § 40-35-111.

Attorney General Opinions. A county school system is not required to enroll students who are residents of a municipality with a separate school system, OAG 06-102, 2006 Tenn. AG LEXIS 111 (6/21/06).

NOTES TO DECISIONS

1. Long-Term Contracts.

The legislature never intended that title 49, ch. 2 serve as a limitation upon the authority of counties to enter into long-term contracts. Washington County Bd. of Education v. MarketAmerica, Inc., 693 S.W.2d 344, 1985 Tenn. LEXIS 604 (Tenn. 1985).

Long-term contract by local board of education, which did not require the county to raise any additional revenue than if the contract was not in existence, and which was entered into before the enactment of title 7, ch. 51, part 9, was valid. Washington County Bd. of Education v. MarketAmerica, Inc., 693 S.W.2d 344, 1985 Tenn. LEXIS 604 (Tenn. 1985).

49-2-205. Chair — Powers and duties.

It is the duty of the chair of the local board of education to:

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

Acts 1925, ch. 115, § 6; Shan. Supp., § 1487a37; Code 1932, § 2327; Acts 1963, ch. 13, § 1; 1974, ch. 654, §§ 25, 26; T.C.A. (orig. ed.), § 49-218.

Textbooks. Tennessee Jurisprudence, 22 Tenn. Juris., Schools, § 29.

Law Reviews.

Local Government Law — 1954 Tennessee Survey, 7 Vand. L. Rev. 881.

NOTES TO DECISIONS

1. Countersignature.

Action of chair of county board of education in procuring a rubber stamp bearing a facsimile of the chair's signature and authorizing the clerk of the board to affix the stamp to county warrants is a conscious and willful neglect of an important duty, warranting the removal of the chair from office. State ex rel. Ten Citizens of Campbell County v. Smith, 158 Tenn. 26, 11 S.W.2d 897, 1928 Tenn. LEXIS 120 (1928).

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

  1. The chair of the board of education and director of schools constitute the executive committee of the board of education.
  2. The duties of the executive committee are to:
    1. Meet at the office of the director as often as necessary to perform the duties required;
    2. Advertise for bids and let contracts authorized by the board of education;
    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. Examine all accounts authorized by the board and see that the budget approved by the legislative body is not exceeded;
    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. Transact any other business assigned to the committee by the board.

Acts 1925, ch. 115, § 6; Shan. Supp., §§ 1487a37, 1487a38; Code 1932, §§ 2327, 2327a; Acts 1957, ch. 175, § 1; T.C.A. (orig. ed.), § 49-219; Acts 1992, ch. 535, § 9.

Attorney General Opinions. Authority to make changes in approved school budget, OAG 99-100, 199 Tenn. AG LEXIS 100 (5/4/99).

49-2-207. Policy pamphlets.

  1. 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.
  2. “Pamphlet” may mean a loose-leaf binder.
  3. 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).
  4. Added or amended policies and a notice of each deleted policy shall be kept on file and available in each school library.
  5. 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.
  6. The commissioner shall be authorized and directed to take appropriate action to enforce this section.

Acts 1970, ch. 522, § 1; 1974, ch. 654, § 37; 1979, ch. 112, § 1; T.C.A., § 49-250; Acts 2001, ch. 181, § 1; 2002, ch. 537, § 1; 2010, ch. 883, § 1; 2019, ch. 248, §§ 28, 29.

49-2-208. Tax-sheltered annuities.

  1. 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. An insurance or annuity company authorized to do business in this state; or
    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.
  2. 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).
  3. 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.
  4. 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.
  5. 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.
    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. The financial condition and operating performance of the entity;
      2. The long-term performance of the investment products offered by the entity; and
      3. The fund expense ratios, administrative fees and any other charges or penalties affecting investment return.
    2. Any entity selected to receive and administer employer contributions must meet the following minimum qualifications and standards:
      1. 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. 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. The entity shall not impose minimum contribution requirements on employees or the board; and
      4. 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. 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.
  6. 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.

Acts 1965, ch. 44, § 1; 1974, ch. 654, § 36; T.C.A., § 49-238; Acts 1999, ch. 301, § 3.

Compiler's Notes. Sections 402, 403 and 415 of the Internal Revenue Code, referred to in this section, are codified at 26 U.S.C. §§ 402, 403, and 415, respectively.

Cross-References. Multiple membership in public retirement systems, § 8-35-111.

49-2-209. Insurance.

  1. 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.
  2. 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.
  3. The budget of the local board of education shall include an amount sufficient to pay the board's portion of the insurance premium.
  4. 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.
  5. 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.
  6. Approval shall be by majority vote of the board of education and shall be executed in the name of the board of education.
  7. The contracts may from time to time be amended, modified or changed by majority vote of the board.
  8. The policy or policies shall conform to the standard provisions of group insurance policies as set forth in this code.
  9. 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.

Acts 1973, ch. 386, § 1; T.C.A., § 49-252; Acts 2012, ch. 712, § 1.

49-2-210. School based decision making.

  1. 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.
  2. 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.
  3. 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.

Acts 1992, ch. 535, § 31.

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

  1. 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.
    1. The policy set forth in subsection (a) shall 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. The policy shall enable a parent or legal guardian to opt their student out of participating in a survey, analysis, or evaluation.
    2. Notwithstanding subdivision (b)(1), the policy shall require a parent, legal guardian or student, in the case of students eighteen (18) years of age or older, to provide written consent before the collection of individual student biometric data.
  2. 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.

Acts 1999, ch. 83, § 1; 2014, ch. 1013, § 2.

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

  1. 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.
  2. 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.
  3. 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. The total amount anticipated to be spent on professional associations and lobbying expenditures;
    2. The amount of any dues to be paid to entities that lobby, along with the names of such entities;
    3. The amount of any funds to be used to hire contract lobbyists; and
    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.

Acts 2015, ch. 132, § 1.

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

  1. 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.
    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. The petition must contain a general statement of the grounds upon which the removal is sought.
    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. 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. 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. 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).
  2. A separate petition must be filed for each local board of education member sought to be removed.
  3. 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.
  4. 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.

Acts 2019, ch. 350, § 1.

Compiler's Notes. For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement

Attorney General Opinions. 2019 Tenn. Pub. Acts, ch. 350, which applies only to Madison County by means of a narrow population bracket, raises constitutional concerns. Public Chapter 350 amends T.C.A., title 49, ch. 2, part 2, to add a procedure that allows the registered voters of a county to petition for an election to recall a member of the local board of education. However, T.C.A. § 49-2-213 “only applies in counties having a population of not less than 98,200 nor more than 98,300, according to the 2010 federal census or any subsequent federal census.” Because of this narrow population bracket, the recall procedure currently applies only to Madison County, as the legislature apparently intended it to do. Legislative classifications based on population brackets do enjoy a presumption of constitutionality, but they must also be supported by some justification related to population. Neither the text of Public Chapter 350 nor its legislative history provides a rationale for the distinction it creates between Madison County and all other counties with respect to the recall of members of local boards of education. Nor is any rational basis for such a distinction readily apparent. Absent a rational basis for the distinction between Madison County and all other counties, Public Chapter 350 raises constitutional concerns under article I, section 8, and article XI, section 8, of the Tennessee Constitution. Public Chapter 350 also raises concerns under article XI, section 9, of the Tennessee Constitution, which prohibits legislation that is, in effect, applicable only to a particular county if the legislation does not provide for local approval. Public Chapter 350 applies only to Madison County currently and does not provide for local approval. Moreover, in contrast to other legislation that courts have held not to implicate article XI, section 9, the population bracket in Public Chapter 350 is so narrow that it is unlikely to ever apply to another county. OAG 19-18, 2019 Tenn. AG LEXIS 54 (9/25/2019).

Part 3
County Administration

49-2-301. Director of schools.

  1. 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.
    1. It is the duty of the board of education to assign to its director of schools the duty to:
      1. 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. Attend all meetings of the board and to serve as a member of the executive committee of the board, without additional compensation;
      3. 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. 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. Issue, within ten (10) days, all warrants authorized by the board for expenditures for public school funds;
      6. 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. 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. 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. Sign all certificates and diplomas of pupils who complete the courses of study prescribed for the elementary and high schools;
      10. 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. 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. Assign teachers and educational assistants to the several schools;
      13. 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. File all contracts entered into with teachers and employees of the board, before they begin their services in the public schools;
      15. 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. Issue certificates relative to the employment of minors who are enrolled as students in the director of schools' district;
      17. 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. 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. 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. Make reports to the commissioner of education when requested by the commissioner;
      21. 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. 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. 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;
      22. Give the director's full time and attention to the duties of the director's position;
      23. 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. 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. Furnish to the commissioner a list of the teachers elected by the board and their respective salaries, on forms furnished by the commissioner;
      26. 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. 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. 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. 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. 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;
        1. 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. Notice of the charge or charges;
          2. An opportunity for a full and complete hearing before an impartial hearing officer selected by the board;
          3. An opportunity to be represented by counsel;
          4. An opportunity to call and subpoena witnesses;
          5. An opportunity to examine all witnesses; and
          6. The right to require that all testimony be given under oath;
        2. 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. 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. 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. 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. 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. 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;
      31. All actions of the directors or their designees shall be consistent with the existing board policies, rules, contracts and regulations;
      32. Perform such other official duties as may be prescribed by law; and
      33. Authorize each principal to make staffing decisions regarding administrative personnel for the principal's school.
    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.
  2. 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.
  3. 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.

Acts 1925, ch. 115, § 6; Shan. Supp., §§ 1487a30-1487a34; mod. Code 1932, §§ 2320a, 2321, 2322-2324; Acts 1943, ch. 36, §§ 1, 2; mod. C. Supp. 1950, § 2320b; Acts 1961, ch. 59, § 1; 1961, ch. 182, § 1; 1963, ch. 13, § 1; modified; Acts 1969, ch. 57, §§ 1-3; 1974, ch. 424, § 1; 1974, ch. 654, §§ 27-30; 1975, ch. 56, § 2; 1977, ch. 196, §§ 3, 4; 1978, ch. 675, § 1; 1979, ch. 99, § 1; 1981, ch. 97, § 1; T.C.A. (orig. ed.), §§ 49-220 — 49-226; Acts 1984 (1st Ex. Sess.), ch. 6, § 11; 1984 (1st Ex. Sess.), ch. 7, § 80; 1987, ch. 308, § 15; 1989, ch. 55, § 1; 1989, ch. 199, § 2; 1989, ch. 591, § 113; 1990, ch. 948, § 26; 1992, ch. 535, §§ 10-13, 16, 49, 86; 1992, ch. 657, §§ 1, 3; 1994, ch. 929, § 4; 1997, ch. 365, § 3; 1998, ch. 805, § 1; 1998, ch. 826, § 1; 2000, ch. 931, §§ 1, 2; 2001, ch. 211, § 1; 2003, ch. 90, §  2; 2007, ch. 376, § 7; 2011, ch. 335, §§ 1, 2; 2011, ch. 378, § 9; 2015, ch. 182, § 28; 2019, ch. 248, § 30.

Code Commission Notes.

Former subsections (a)-(c), (e), (h) and (j) and the part of former subsection (i), concerning superintendents or directors of schools elected after 1992, were deleted as obsolete by the code commission in 2002.

Compiler's Notes. Acts 2003, ch. 90, § 2 directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Acts 2011, ch. 378, § 4 provided that nothing in the act shall be construed to abridge or impair a contract or agreement governing terms and conditions of professional service entered into by a board of education and a recognized professional employees' organization under the Education Professional Negotiations Act before June 1, 2011. Any such contract or agreement shall remain in full force and effect until the expiration of the contract or agreement.

Acts 2019, ch. 345, § 87 purported to amend subdivision (b)(1)(JJ) of this section, effective May 10, 2019; however, Acts 2019, ch. 248, § 30 had previously deleted the subdivision, effective May 2, 2019. Acts 2019, ch. 345, § 87 was not given effect.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

Textbooks. Tennessee Jurisprudence, 6A Tenn. Juris., Constitutional Law, § 74; 22 Tenn. Juris., Schools, §§ 13, 29.

Law Reviews.

Local Government Law — 1961 Tennessee Survey (Eugene Puett), 14 Vand. L. Rev. 1335.

Attorney General Opinions. Applicability to sick leave, OAG 90-57, 1990 Tenn. AG LEXIS 57 (5/11/90).

Employment rights of employees of abolished city school system, OAG 96-037, 1996 Tenn. AG LEXIS 44 (3/12/96).

Application of section to special school districts, OAG 96-123, 1996 Tenn. AG LEXIS 148 (10/15/96).

Applicability of former subsection (g) (now subsection (c)) to superintendents of special school districts, OAG 96-135, 1996 Tenn. AG LEXIS 169 (11/22/96).

Constitutionality of private act providing for an elected superintendent, OAG 97-054, 1997 Tenn. AG LEXIS 63 (4/23/97).

Authority of school superintendent (now director of schools) to transfer teachers and school personnel within district, OAG 97-107, 1997 Tenn. AG LEXIS 96 (7/28/97).

Failure of reelection of nontenured teachers, OAG 97-123, 1997 Tenn. AG LEXIS 156 (9/02/97).

Superintendent's (now director of schools') favorable recommendation required for tenure, OAG 98-009, 1998 Tenn. AG LEXIS 9 (1/9/98).

Superintendent's appointment of central office employees beyond superintendent's term, OAG 98-033, 1998 Tenn. AG LEXIS 33 (2/9/98).

Demotion not a transfer, OAG 98-164, 1998 Tenn. AG LEXIS 164 (8/24/98).

Authority to make changes in approved school budget, OAG 99-100, 1999 Tenn. AG LEXIS 100 (5/4/99).

The director of schools hires, assigns, and can transfer school personnel; the school board does not have this authority, OAG 00-168, 2000 Tenn. AG LEXIS 171 (10/31/00).

To dismiss an unsatisfactory employee, the director of schools does not have to file written charges with the school board; however, to dismiss an unsatisfactory tenured teacher, the director must file written charges with the school board, OAG 00-168, 2000 Tenn. AG LEXIS 171 (10/31/00).

A contract between a city board of education and a foundation, while limiting the director of schools' discretionary powers, did not obstruct the director's ability to perform any of the duties enumerated in T.C.A. § 49-2-301, OAG 01-111, 2001 Tenn. AG LEXIS 102 (7/11/01).

Local governing body may not withhold funds that have been appropriated for school district's use, OAG 04-098, 2004 Tenn. AG LEXIS 109 (6/24/04).

A non-licensed, non-tenured employee has a property interest in the one year term of the employee's contract, OAG 05-158, 2005 Tenn. AG LEXIS 160 (10/14/05).

T.C.A. § 49-2-301(b)(1)(GG) is not facially unconstitutional, OAG 05-158, 2005 Tenn. AG LEXIS 160 (10/14/05).

A non-licensed employee may seek judicial review of the superintendent's decision on termination by filing a petition for a common law writ of certiorari, OAG 05-158, 2005 Tenn. AG LEXIS 160 (10/14/05).

Local school board authority to terminate employees, OAG 07-117, 2007 Tenn. AG LEXIS 117 (8/8/07).

NOTES TO DECISIONS

1. Constitutionality.

The provisions of T.C.A. §§ 49-2-203 and 49-2-301 abolishing the office of county superintendent of public instruction and authorizing each local board of education to employ a director of public schools do not violate Tenn. Const. art. XI, § 17, since the legislatively created office of superintendent could be abolished and the director is a county employee. County of Shelby v. McWherter, 936 S.W.2d 923, 1996 Tenn. App. LEXIS 340 (Tenn. Ct. App. 1996).

2. Time of Election.

When complainant's term of office expired on July 1, 1950, the county legislative body was authorized to elect a successor at any time after July 1, 1950, and the term of office of such successor would begin 10 days following the date of such election. White v. Knight, 34 Tenn. App. 426, 238 S.W.2d 745, 1950 Tenn. App. LEXIS 157 (Tenn. Ct. App. 1950).

Where election date for general superintendent passed prior to repeal of private act under which term expired on given date, county legislative body was authorized to hold election upon expiration of term. White v. Knight, 34 Tenn. App. 426, 238 S.W.2d 745, 1950 Tenn. App. LEXIS 157 (Tenn. Ct. App. 1950).

3. Validity of Election.

The county legislative body having power to induct the county superintendent into office whether elected by the county legislative body or popular vote, the proper jurisdiction to determine the validity of the election is in the county legislative body. Brown v. Vaughn, 203 Tenn. 220, 310 S.W.2d 444, 1957 Tenn. LEXIS 471 (1957).

4. Status of Superintendent.

The superintendent of county schools is not an employee of the school board but the school board does by statute assign and designate certain duties to the superintendent. State v. Yoakum, 201 Tenn. 180, 297 S.W.2d 635, 1956 Tenn. LEXIS 481 (1956).

5. Qualification of Superintendent.

This section is applicable to the method of qualification of a county superintendent whether elected by the county legislative body or by popular vote. Brown v. Vaughn, 203 Tenn. 220, 310 S.W.2d 444, 1957 Tenn. LEXIS 471 (1957).

The general phrase “certificated personnel” should be interpreted to include only personnel who have a Tennessee teacher's professional license or certificate. Lyons v. Rasar, 872 S.W.2d 895, 1994 Tenn. LEXIS 48 (Tenn. 1994).

6. Abolition of Office by Private Act.

Private act which abolished the office of superintendent of public instruction of Hamilton County and established in its place a director of schools with all the powers and authority of the former and who was to be appointed by the board of education for an indefinite term was unconstitutional under Tenn. Const., art. XI, § 8, as suspending the general law for the benefit of Hamilton County. Cagle v. McCanless, 199 Tenn. 128, 285 S.W.2d 118, 1955 Tenn. LEXIS 436 (1955).

7. Control of Funds.

Where county legislative body pursuant to resolution authorized issuance and sale of school bonds for construction of an additional high school and lodged proceeds of bonds with trustee its authority ended except to audit accounts of school board, and selection of site by school board and awarding of contract for erection of school could not be interfered with by the county legislative body which had no authority over the fund. Bandy v. State, 186 Tenn. 11, 207 S.W.2d 1011, 1948 Tenn. LEXIS 600 (1948).

8. Authority of Board and Superintendent.

Duties of superintendent (now director) of schools do not override duties of school board. State ex rel. Bobo v. Moore, 207 Tenn. 622, 341 S.W.2d 746, 1960 Tenn. LEXIS 502 (1960).

The school board is required to assign all significant financial management duties to the superintendent (now director of schools). State ex rel. Thompson v. Walker, 845 S.W.2d 752, 1992 Tenn. App. LEXIS 1050 (Tenn. Ct. App. 1992).

Tennessee legislature, by the passage of the 1998 and 2002 amendments to T.C.A. § 49-2-301(f) (now § 49-2-301(b)) and T.C.A. § 49-5-510, confirmed the traditional powers of the board of education to establish policies and to negotiate the issue of teacher transfer on a local basis, as the subject of transfer may be addressed in the collective bargaining process, but only on a discretionary basis, and neither the county boards of education nor any local education association are compelled to address the subject; the supreme court of Tennessee therefore held that the director's authority to make transfers of tenured teachers within the system may be modified by board policy or by the locally negotiated agreement, as provided by statute. Lawrence County Educ. Ass'n v. Lawrence County Bd. of Educ., 244 S.W.3d 302, 2007 Tenn. LEXIS 1084 (Tenn. Dec. 20, 2007), rehearing denied, — S.W.3d —, 2008 Tenn. LEXIS 30 (Tenn. Jan. 30, 2008).

9. Relation of Superintendent to School Board.

The superintendent of county schools (now director of schools) is not an employee of the school board but the school board does by statute assign and designate certain duties to the superintendent. State v. Yoakum, 201 Tenn. 180, 297 S.W.2d 635, 1956 Tenn. LEXIS 481 (1956).

The duties of the superintendent (now director of schools) do not override the authority of the school board with respect to essential features of school management, and the ultimate authority and responsibility with respect to such matters rests with the board. State v. Yoakum, 201 Tenn. 180, 297 S.W.2d 635, 1956 Tenn. LEXIS 481 (1956).

A recommendation by the superintendent (now director of schools) is not made a condition of employment, since T.C.A. § 49-2-203 vests in the local board of education the full and unconditional right to elect teachers. Sanders v. Vinson, 558 S.W.2d 838, 1977 Tenn. LEXIS 665 (Tenn. 1977).

The county board of education is the supreme authority in school matters within the county, and the superintendent of schools (now director of schools) is subservient to the board. Howard v. Bogart, 575 S.W.2d 281, 1979 Tenn. LEXIS 411 (Tenn. 1979).

In hiring and discharging school personnel the board is supreme and may take such action alone, over the objection of the superintendent (now director of schools). Howard v. Bogart, 575 S.W.2d 281, 1979 Tenn. LEXIS 411 (Tenn. 1979).

Although Acts 1971, ch. 439, § 7(9), which is an appropriation act funding various state education programs, may require that a teacher be recommended by the superintendent (now director of schools) as well as elected by the board in order for the position to be funded under the state's minimum foundation program, it does not deprive the board of education of the authority to enter into a valid contract of employment without the recommendation of the superintendent, for one to serve as a Title I Coordinator or in some other teaching position. Howard v. Bogart, 575 S.W.2d 281, 1979 Tenn. LEXIS 411 (Tenn. 1979).

10. Compensation of Superintendent.

After salary of superintendent is fixed by budget, it cannot be increased or diminished for such year. Whitthorne v. Turner, 155 Tenn. 303, 293 S.W. 147, 1926 Tenn. LEXIS 48 (1927).

No power is granted the county legislative body to appropriate for the superintendent's traveling expenses, or for the superintendent's ex officio services. Whitthorne v. Turner, 155 Tenn. 303, 293 S.W. 147, 1926 Tenn. LEXIS 48 (1927).

11. Enjoining Interference With Superintendent.

In a suit to enjoin defendant from interfering with plaintiff's discharge of the duties as county superintendent (now director) of schools, where the bill charges that complainant was in possession of the office, discharging the duties as such superintendent, and was being interfered with by defendant, ground for injunction was stated. Hart v. Pierce, 169 Tenn. 411, 88 S.W.2d 798, 1935 Tenn. LEXIS 64 (1935).

12. Budget.

While the county superintendent (now director of schools) under supervision of the board of education is directed by the act to make up the school budget, the authority to exercise this function does not convey the power to fix arbitrarily the amount that the county legislative body must raise in revenue to meet the exaction of these officials. The county legislative body is clothed with power to act for the county, and may, within statutory limits, exercise a reasonable discretion in fixing the tax for the maintenance of the schools. State ex rel. Brown v. Polk County, 165 Tenn. 196, 54 S.W.2d 714, 1932 Tenn. LEXIS 37 (1932).

The limitation upon the spending power of the county board of education, coupled with the requirement of an annual budget to be made upon approval of the county legislative body, imports a limitation upon the power of the board to make a binding contract of employment or other contract for expenditures of money beyond the annual budgets, a requirement essential to reasonable management of county revenues and expenditures to avoid bankruptcy. State ex rel. Brown v. Polk County, 165 Tenn. 196, 54 S.W.2d 714, 1932 Tenn. LEXIS 37 (1932).

Board of education may amend its budget. State ex rel. Bobo v. Moore, 207 Tenn. 622, 341 S.W.2d 746, 1960 Tenn. LEXIS 502 (1960).

County legislative body has reasonable discretion in fixing amount of school tax and is not bound by the superintendent (now director of schools). State ex rel. Bobo v. Moore, 207 Tenn. 622, 341 S.W.2d 746, 1960 Tenn. LEXIS 502 (1960).

13. —Mandamus to Compel Adoption.

Chancellor was without power to issue mandamus to compel the county legislative body of Carter County to adopt a school budget at its July term where answer to petition seeking such mandamus indicated that the county legislative body was willing to adopt such a budget and that it had merely delayed such adoption until assessment of property liable for taxation was determined and further that such budget was sometimes adopted as late as the September term. State ex rel. Board of Educational Comm'rs v. O'Brien, 170 Tenn. 435, 95 S.W.2d 921, 1935 Tenn. LEXIS 149 (1936).

14. Validity of Private Acts.

Private Acts 1947, ch. 346, § 14, which in effect transferred to the council and manager of McMinn County the authority vested in the county board of education and the superintendent as to the issuance of warrants under this section, was unconstitutional as suspending the general law in violation of Tenn. Const., art. XI, § 8. Donathan v. McMinn County, 187 Tenn. 220, 213 S.W.2d 173, 1948 Tenn. LEXIS 427 (1948).

Private Acts 1953, ch. 19, which provided for election of county superintendent of schools for Hardeman County by popular vote, changed term of office, and designated appellant to serve as superintendent until August 31, 1954, was constitutional except for that portion of the act designating appellant as county superintendent, and since under the doctrine of elision that portion could be elided, the act was valid. Carr v. State, 196 Tenn. 256, 265 S.W.2d 556, 1954 Tenn. LEXIS 372 (1954).

15. —Estoppel to Question.

Where school superintendent had taken and held office under Private Acts 1943, ch. 332, the superintendent was thereby estopped from questioning constitutionality of private act, notwithstanding conflict between its provisions and those of public act providing for election and tenure of school superintendent. Clark v. Smith, 193 Tenn. 194, 245 S.W.2d 197, 1951 Tenn. LEXIS 345 (1951).

16. Filing Certificate.

The legislative purpose is satisfied when the person elected possesses the certificate. Its filing is merely directory. Huffines v. Gold, 154 Tenn. 583, 288 S.W. 353, 1926 Tenn. LEXIS 156 (1926).

17. Inactive Certificate Holder.

Candidate for office of superintendent of county schools in 1935 who had been issued a certificate in 1914, but who had not engaged in work of superintendent for some years prior to 1935 was not disqualified on the ground of inactivity where certificate had not been revoked although the candidate could have been reexamined by state board of education. Hart v. Pierce, 169 Tenn. 411, 88 S.W.2d 798, 1935 Tenn. LEXIS 64 (1935).

18. Private Act Prescribing Different Qualifications.

Where the qualification necessary for an applicant for county superintendent of education was fixed by general law and another and different qualification was fixed by Private Acts 1935, ch. 831, and localized to Wayne County such act in effect suspended a general law for the benefit of a particular county and violated Tenn. Const., art. XI, § 8 as arbitrary selection for the purpose of class legislation, but such provisions were severable from the rest of the act. Gallien v. Miller, 170 Tenn. 93, 92 S.W.2d 403, 1935 Tenn. LEXIS 110 (1936).

19. Collateral Attack of Certificate.

A certificate of qualification issued by the state board of education to a county superintendent who has been elected to that office cannot be collaterally attacked by proof that it was erroneously issued; the only recourse in such a case is by an application to the board to revoke its certificate. State ex rel. Clement v. Dodson, 169 Tenn. 178, 83 S.W.2d 558, 1935 Tenn. LEXIS 27 (1935).

20. Court Review of Board.

The courts will not review acts of the board in issuing a certificate to county superintendent (now director of schools) unless the board acted arbitrarily, corruptly, or fraudulently. State ex rel. Clement v. Dodson, 169 Tenn. 178, 83 S.W.2d 558, 1935 Tenn. LEXIS 27 (1935).

21. Recommending Self for Position.

Superintendent of schools was not entitled to salary as supervising teacher after recommending own self for appointment, and after being defeated in election, though not assuming position of supervisor until after new superintendent took office. State ex rel. Ellis v. Robbins, 195 Tenn. 681, 263 S.W.2d 518, 1953 Tenn. LEXIS 395 (1953).

22. Authority to Transfer Teachers.

Coach was entitled to present a direct challenge under T.C.A. § 49-5-510 questioning the propriety of his transfer from a teacher with coaching responsibilities to a full-time teaching position. Lawrence County Educ. Ass'n v. Lawrence County Bd. of Educ., 244 S.W.3d 302, 2007 Tenn. LEXIS 1084 (Tenn. Dec. 20, 2007), rehearing denied, — S.W.3d —, 2008 Tenn. LEXIS 30 (Tenn. Jan. 30, 2008).

Even though the coaching assignment was not protected by the terms of the collective bargaining agreement, but was instead governed by a series of one-year terms as no license was required for the position under T.C.A. § 49-2-301(b)(1)(FF), the coach also had the right to sue under contract over his transfer because the board of education unanimously approved the arbitrator's recommendations at a meeting. Lawrence County Educ. Ass'n v. Lawrence County Bd. of Educ., 244 S.W.3d 302, 2007 Tenn. LEXIS 1084 (Tenn. Dec. 20, 2007), rehearing denied, — S.W.3d —, 2008 Tenn. LEXIS 30 (Tenn. Jan. 30, 2008).

49-2-302. [Reserved.]

    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.
    2. The recommendation and employment shall be without discrimination on account of age, race, sex or creed.
    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.
  1. It is the duty of the principal to:
    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. 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. 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. 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. 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. 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;
      1. Assign educational assistants to noninstructional supervision of students, which may include, but is not limited to:
        1. Lunchroom duty;
        2. Bus duty;
        3. Recess or playground duty;
        4. Before or after school duty; or
        5. Other related duties;
      2. 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
    7. 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.
  2. Principals are encouraged to improve school security by limiting school access during school hours to monitored entrances.

Acts 1974, ch. 542, §§ 1, 2; 1983, ch. 362, § 2; T.C.A., §§ 49-253, 49-254; Acts 1989, ch. 199, § 3; 1990, ch. 948, § 4; 1992, ch. 535, §§ 17, 18; 1996, ch. 988, § 10; 2007, ch. 376, §§ 3, 4; 2010 (1st Ex. Sess.), ch. 2, § 11.

Compiler's Notes. Acts 2007, ch. 376, § 11 provided that § 3 of the act shall apply to contracts entered into on or after July 1, 2007.

Acts 2010 (1st Ex. Sess.), ch. 2, § 1 provided that the act shall be known and may be cited as the “Tennessee First to the Top Act of 2010.”

Law Reviews.

Selected Tennessee Legislation of 1983 (N. L. Resener, J. A. Whitson, K. J. Miller), 50 Tenn. L. Rev. 785 (1983).

Attorney General Opinions. Superintendent unable to appoint principals beyond superintendent's term, OAG 98-033, 1998 Tenn. AG LEXIS 33 (2/9/98).

A school board cannot change or transfer the statutory duties given to the director of schools, and any contract that changes or transfers statutory duties is invalid, OAG 01-111, 2001 Tenn. AG LEXIS 102 (7/11/01).

NOTES TO DECISIONS

1. Discharge of Principal.

Where certain actions by a school principal were sufficient to justify a reasonable fact-finding body in concluding that the principal demonstrated poor judgment, lack of cooperation with the superintendent (now director of schools), intemperate conduct, and absence of that degree of leadership to be expected from the principal of a fairly large high school, the principal's conduct was sufficiently subject to criticism and performance was sufficiently unsatisfactory in the discharge of duties as principal as to justify removal from that position; however, the court held that none of these incidents, individually or collectively, was sufficient to justify discharge as a regular tenured teacher. Fleming v. Wade, 568 S.W.2d 287, 1978 Tenn. LEXIS 611 (Tenn. 1978).

Principal had a protected property interest in position as principal by reason of principal's own employment contract; however, the contours of that interest depended on the terms of the contract. Sharp v. Lindsey, 285 F.3d 479, 2002 FED App. 103P, 2002 FED App. 0103P, 2002 U.S. App. LEXIS 5131 (6th Cir. Tenn. 2002).

49-2-304. Teaching supervisors.

  1. 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.
  2. 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.

Acts 1925, ch. 115, § 7; Shan. Supp., § 1487a45; Code 1932, § 2334; Acts 1957, ch. 138, § 1; 1974, ch. 654, § 48; T.C.A. (orig. ed.), § 49-1010; Acts 1992, ch. 535, § 50; 1992, ch. 657, §§ 5, 6.

Code Commission Notes.

This section was amended by the code commission to correct obsolete references in 2002.

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

  1. 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. 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. Procedures by which parents may learn about the course of study for their children and have access to all learning materials.
  2. The policy adopted by the LEA pursuant to this section may also include the following components:
    1. A plan by which parents will be made aware of the district's parental involvement policy and this section, including:
      1. 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. Information through which parents may access LEA policies and curriculum;
    2. Efforts to encourage the development of parenting skills;
    3. The communication to parents of techniques designed to assist the child's learning experience in the home;
    4. Efforts to encourage access to community and support services for children and families;
    5. The promotion of communication between the school and parents concerning school programs and the academic progress of the parents' children;
    6. Identifying opportunities for parents to participate in and support classroom instruction in the school, including:
      1. Organizing fundraising initiatives;
      2. Volunteering as a field trip chaperone;
      3. Assisting in the library, computer lab or on the playground;
      4. Offering after school clubs; and
      5. Recycling clothes;
    7. Efforts to support parents as shared decision-makers and to encourage membership on school advisory committees;
    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. The development of preparation programs and specialized courses for certified employees and administrators that promote parental involvement; and
    10. The development of strategies and programmatic structures at schools to encourage and enable parents to participate actively in their children's education.
  3. 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.

Acts 2004, ch. 706, § 1; 2008, ch. 1097, § 1; 2010, ch. 878, § 1.

Part 4
Municipal Schools

49-2-401. Municipal school tax.

  1. 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.
  2. If two-thirds (2/3) 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.
  3. 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.

Acts 1872, ch. 12, §§ 1, 2, 5; Shan., §§ 1973, 1974, 1977; mod. Code 1932, §§ 3385, 3386, 3389; T.C.A. (orig. ed.), §§ 49-301 — 49-303.

Law Reviews.

Symposium – Memphis in the Law: A Memphis Dilemma: A Half-Century of Public Education Reform in Memphis and Shelby County From Desegregation to Consolidation (Daniel Kiel), 41 U. Mem. L. Rev. 787 (2011).

Attorney General Opinions. Constitutionality of overlapping county and municipal school tax levies, OAG 95-055, 1995 Tenn. AG LEXIS 66 (5/23/95).

County commission's role in funding special school districts.  OAG 10-58, 2010 Tenn. AG LEXIS 58 (4/28/10).

NOTES TO DECISIONS

1. Only One Tax to Be Levied — Exception.

A municipality can levy but one tax for school purposes, though an amendment to charter may authorize an additional poll tax. Mitchell v. Fox & Denton, 73 Tenn. 420, 1880 Tenn. LEXIS 155 (1880); Ballentine v. Mayor of Pulaski, 83 Tenn. 633, 1885 Tenn. LEXIS 89 (1885).

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.

Acts 1872, ch. 12, § 3; Shan., § 1975; mod. Code 1932, § 3387; T.C.A. (orig. ed.), § 49-304.

Law Reviews.

Symposium – Memphis in the Law: A Memphis Dilemma: A Half-Century of Public Education Reform in Memphis and Shelby County From Desegregation to Consolidation (Daniel Kiel), 41 U. Mem. L. Rev. 787 (2011).

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.

Acts 1872, ch. 12, § 4; Shan., § 1976; mod. Code 1932, § 3388; T.C.A. (orig. ed.), § 49-305.

Law Reviews.

Symposium – Memphis in the Law: A Memphis Dilemma: A Half-Century of Public Education Reform in Memphis and Shelby County From Desegregation to Consolidation (Daniel Kiel), 41 U. Mem. L. Rev. 787 (2011).

The Elusive Security Interest: Tennessee Variations on a Theme (John A. Walker, Jr.), 41 Tenn. L. Rev. 831.

NOTES TO DECISIONS

1. State and County Funds Wrongfully Procured.

The state and county may recover from a municipal corporation the excess of the school fund received by it upon false and padded reports of the scholastic population made by the city board of education enumerators, and the decree may be satisfied out of the general funds or revenues of the corporation, and not from the current school revenues, although the excess received had already been expended for school purposes. State v. Mayor, etc., of Knoxville, 115 Tenn. 175, 90 S.W. 289, 1905 Tenn. LEXIS 54 (1905).

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.

Acts 1925, ch. 115, § 15; Shan. Supp., § 1487a103; Code 1932, § 2394; T.C.A. (orig. ed.), § 49-306.

Law Reviews.

Symposium – Memphis in the Law: A Memphis Dilemma: A Half-Century of Public Education Reform in Memphis and Shelby County From Desegregation to Consolidation (Daniel Kiel), 41 U. Mem. L. Rev. 787 (2011).

The Legal Basis of School Property in Tennessee (Fred H. Barber), 7 Tenn. L. Rev. 262.

Attorney General Opinions. County system enrollment of students from municipalities with separate systems, OAG 98-090, 1998 Tenn. AG LEXIS 90 (4/15/98).

NOTES TO DECISIONS

1. Effect of Exception on Validity of Private Acts.

Where evidence was to the effect that the City of Chattanooga was operating its schools under the provisions of the General Educational Act and not under the provisions of its charter and there was no direct evidence to support the claim that the city had levied an elementary school tax other than for grounds, buildings and equipment so as to bring the city within the exception of this section, the city was subject to the general statutes and Private Acts 1935, ch. 115, as amended by Private Acts 1935 (E.S.), ch. 83, providing for minimum salaries for teachers in such schools was unconstitutional as being in conflict with the provisions of the General Educational Act. State ex rel. Smith v. Chattanooga, 176 Tenn. 642, 144 S.W.2d 1096, 1940 Tenn. LEXIS 113 (1940).

City of Jackson comes within the exception to the General Educational Act of 1925, Private Acts 1915, ch. 168 being applicable. Johnson v. Jackson, 42 Tenn. App. 296, 302 S.W.2d 355, 1956 Tenn. App. LEXIS 129 (Tenn. Ct. App. 1956).

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

  1. 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.
  2. 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).

Acts 1947, ch. 142, §§ 1, 2; mod. C. Supp. 1950, §§ 2397.1, 2397.2 (Williams, § 2496.1); Acts 1955, ch. 287, § 1; T.C.A. (orig. ed.), §§ 49-307, 49-308.

Cross-References. Immunity of local education agency employees from asbestos-related liability, § 29-20-109.

Law Reviews.

Symposium – Memphis in the Law: A Memphis Dilemma: A Half-Century of Public Education Reform in Memphis and Shelby County From Desegregation to Consolidation (Daniel Kiel), 41 U. Mem. L. Rev. 787 (2011).

49-2-406. Reports to state.

Any city director of schools or secretary of the town or city board of education who does not make all reports required by the commissioner of education, on or before July 10 for the fiscal year ending June 30 preceding, shall be considered delinquent and the commissioner shall appoint a competent person to make the delinquent report and allow a reasonable sum for the service, which amount shall not exceed ten dollars ($10.00) a day for the time actually required to make the report, together with transportation and subsistence.

Acts 1925, ch. 115, § 15; Shan. Supp., § 1487a104; Code 1932, § 2395; T.C.A. (orig. ed.), § 49-309.

Law Reviews.

Municipal Corporations — Negligence — Liability of County for Injury to High School Football Spectator, 3 Vand. L. Rev. 835.

Symposium – Memphis in the Law: A Memphis Dilemma: A Half-Century of Public Education Reform in Memphis and Shelby County From Desegregation to Consolidation (Daniel Kiel), 41 U. Mem. L. Rev. 787 (2011).

Part 5
Special School Districts

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

    1. All special school districts that are not taxing districts are abolished.
    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. 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.
      1. 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. 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.
      3. 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.
    1. 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].
    2. 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. 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;
        1. 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. 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;
      2. 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;
      3. 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;
      4. 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;
      5. 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
      6. 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.
    3. 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.
    4. 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.
    5. 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.
  1. 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.

Acts 1925, ch. 115, § 33; Shan. Supp., § 1487a191; Code 1932, § 2514; Acts 1982, ch. 907, §§ 1, 2; T.C.A. (orig. ed.), § 49-402; Acts 1984, ch. 980, § 1; 2002, ch. 770, § 2; 2013, ch. 292, § 1.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Law Reviews.

1985 Tennessee Survey: Selected Developments in Tennessee Law, 53 Tenn. L. Rev. 307 (1986).

Symposium – Memphis in the Law: A Memphis Dilemma: A Half-Century of Public Education Reform in Memphis and Shelby County From Desegregation to Consolidation (Daniel Kiel), 41 U. Mem. L. Rev. 787 (2011).

Attorney General Opinions. Abolishment of special school district, OAG 98-161, 1998 Tenn. AG LEXIS 161 (8/24/98).

Conversion of the Shelby county school board into a special school district.  OAG 10-59, 2010 Tenn. AG LEXIS 65 (4/29/10).

Voting eligibility in referendum pursuant to T.C.A.§ 49-2-502.  OAG 11-5, 2011 Tenn. AG LEXIS 5 (1/10/11).

Establishment of new school districts by municipalities in Shelby County.  OAG 12-39, 2012 Tenn. AG LEXIS 41 (3/20/12).

NOTES TO DECISIONS

1. Private Act Abolishing Special School Districts.

A private act abolishing all special school districts in a county was in conflict with the general school law of the state. Melvin v. Bradford Special School Dist., 186 Tenn. 694, 212 S.W.2d 668, 1948 Tenn. LEXIS 401 (1948).

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

  1. 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.
    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. 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. 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. 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. 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. 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.

Acts 1947 ch. 145, § 2; 1949, ch. 40, § 2; C. Supp. 1950, § 2397.3 (Williams, § 2397.2); T.C.A. (orig. ed.), § 49-403; Acts 2011, ch. 1, § 1.

Compiler's Notes. Subsection (b) of § 6-58-112, referred to in subdivision (b)(3), was deleted by Acts 2013, ch. 256, § 1, effective April 24, 2013.

Acts 2011, ch. 1, § 2 provided that the act, which added subsection (b), shall apply to any proposed § 49-2-502 transfer pending on or after February 11, 2011.

Law Reviews.

Symposium – Memphis in the Law: A Memphis Dilemma: A Half-Century of Public Education Reform in Memphis and Shelby County From Desegregation to Consolidation (Daniel Kiel), 41 U. Mem. L. Rev. 787 (2011).

Attorney General Opinions. Voting eligibility in referendum pursuant to T.C.A.§ 49-2-502.  OAG 11-5, 2011 Tenn. AG LEXIS 5 (1/10/11).

Establishment of new school districts by municipalities in Shelby County.  OAG 12-39, 2012 Tenn. AG LEXIS 41 (3/20/12).

NOTES TO DECISIONS

1. Constitutionality.

It was determined that T.C.A. § 49-2-502(b), which provided for merger of a city school system into the surrounding county's system, was constitutional, as due process and equal protection rights of city schoolchildren under U.S. Const. amend. XIV were not violated, and the county school system still could meet its legal obligation to provide them a safe environment. Bd. of Educ. v. Memphis City Bd. of Educ., — F. Supp. 2d —, 2011 U.S. Dist. LEXIS 87803 (W.D. Tenn. Aug. 8, 2011).

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

  1. 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.
  2. 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.

Acts 1949, ch. 45, §§ 1, 2; C. Supp. 1950, §§ 2397.7, 2397.8 (Williams, §§ 2397.6, 2397.7); T.C.A. (orig. ed.), §§ 49-408, 49-409.

Cross-References. Effect of metropolitan government chapters, § 7-1-107.

Law Reviews.

Symposium – Memphis in the Law: A Memphis Dilemma: A Half-Century of Public Education Reform in Memphis and Shelby County From Desegregation to Consolidation (Daniel Kiel), 41 U. Mem. L. Rev. 787 (2011).

Attorney General Opinions. Authority of commissioner to waive superintendents' (now director of schools') pay increases, OAG 96-082, 1996 Tenn. AG LEXIS 92 (5/14/96).

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.

Acts 1984, ch. 950, § 1; 2001, ch. 413, § 16.

Law Reviews.

Symposium – Memphis in the Law: A Memphis Dilemma: A Half-Century of Public Education Reform in Memphis and Shelby County From Desegregation to Consolidation (Daniel Kiel), 41 U. Mem. L. Rev. 787 (2011).

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.”

Acts 2007, ch. 326, § 2.

Attorney General Opinions. The School Support Organization Financial Accountability Act does not “create liability” on the part of school boards or their members, where school support organizations experience misappropriation of funds, OAG 08-174, 2008 Tenn. AG LEXIS 204 (11/18/08).

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.

Acts 2007, ch. 326, § 3.

49-2-603. Part definitions.

As used in this part, unless the context otherwise requires:

  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. “Internal school funds” mean any and all money received and accounted for at individual schools, and specifically include, but are not limited to:
    1. Any donation or grant made to the school, a school club, or any academic, arts, athletic or social activity related to a school;
    2. Funds for cafeteria services operated at the school;
    3. Fees collected by the school;
    4. Funds transferred to the local school from the school board that are to be accounted for at the local school level;
    5. Funds raised through cooperative agreements with outside organizations;
    6. Rental fees charged outside entities for use of school facilities; and
    7. Student activity funds;
    1. “School representative” means:
      1. When a school support organization's primary purpose is to support a school system or an individual school:
  1. A school board member;
  2. The director of schools;
  3. A principal; and
  4. Any individual who is primarily responsible for accounting for school system funds or the funds of an individual school; and
  5. 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;

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:

A school board member;

The director of schools;

A principal;

Any individual who is primarily responsible for accounting for school system funds or the funds of an individual school; and

“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;

(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;

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;

“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

“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:

Derived from a school-sponsored academic, art, athletic or social event involving students;

Raised by school-sponsored clubs involving students;

Raised by school-sponsored fundraisers involving students who are under the supervision of a school employee;

Received from a commission for the direct sale of items to students pursuant to a cooperative agreement between the school and an outside organization;

Received for the direct sale of items to students from a school-run bookstore located on school grounds;

Raised from fees charged students;

Obtained from interest from any account that contains student activity funds; or

(i)  Obtained from any related school-sponsored activity that involves the use of school personnel, students, and property during the school day;

For the purpose of subdivision (6)(H)(i), “school day” means the regular hours of operation of the school during which classes are conducted.

Acts 2007, ch. 326, § 4; 2008, ch. 1156, §§ 1-3.

Attorney General Opinions. Local school nutrition associations do not appear to qualify as “school support organizations.” In the event, however, that a local school nutrition association were to solicit or accept moneys or other items of value in support of school activities, or engage in other school support activities encompassed by the School Support Organization Financial Accountability Act, these organizations would place themselves within the purview of the Act, thus subjecting themselves to its requirements. OAG 16-27, 2016 Tenn. AG LEXIS 27 (7/22/2016).

The restrictions enacted by Chapter 468 of the 2015 Tennessee Public Acts apply to all existing contracts executed by a local government with a company to install, maintain, and operate unmanned traffic enforcement cameras. Chapter 468 does not violate any State or federal constitutional provision prohibiting the impairment of contracts. OAG 16-28, 2016 Tenn. AG LEXIS 28 (7/22/2016).

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

  1. 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.
  2. The policy that a school board adopts pursuant to subsection (a) shall, at a minimum, include, in substance, the following provisions:
      1. 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. 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. The goals and objectives of the organization; and
        3. The telephone number, address and position of each officer of the organization;
      2. 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
    1. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. A local board of education may adopt a policy that is more restrictive than the requirements of subsection (b).
  9. 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.

Acts 2007, ch. 326, § 5; 2008, ch. 1156, § 4.

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

  1. 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.
  2. 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.
  3. 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.

Acts 2007, ch. 326, § 6; 2008, ch. 1156, § 5.

49-2-606. Collection of money.

  1. 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.
  2. 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. The board has adopted a policy concerning school support organizations pursuant to § 49-2-604(b); and
    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.
  3. 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.
  4. 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. The board has adopted a policy concerning school support organizations pursuant to § 49-2-604(b);
    2. One hundred percent (100%) of the profits of the operation of the bookstore are used for support of the school; and
    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.
  5. 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.

Acts 2007, ch. 326, § 7; 2008, ch. 1156, § 6.

49-2-607. Disbursement of donations.

  1. Donations to a board of education shall be received and disbursed in accordance with § 49-6-2006.
  2. In addition to any requirements established by § 49-6-2006(a), the following specific conditions shall apply:
    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. 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. 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).

Acts 2007, ch. 326, § 8.

49-2-608. Prohibited actions.

A nongovernmental group or organization, including all school support organizations, may not:

  1. Use the school's or school district's sales tax exemption to purchase items;
  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. 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. 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.

Acts 2007, ch. 326, § 9.

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.

Acts 2007, ch. 326, § 10.

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.

Acts 2007, ch. 326, § 11.

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.

Acts 2008, ch. 1156, § 7.

49-2-612. Charitable school foundation.

  1. 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.
  2. 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)).
  3. 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.
  4. 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.
  5. 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.

Acts 2012, ch. 747, § 1.

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”.

Acts 2013, ch. 393, § 2.

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

  1. As used in this part, unless the context otherwise requires:
    1. “Department” means the department of education; and
    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. Reaches a graduation rate of ninety percent (90%) or higher;
      2. 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. Exhibits a TCAP three-year average composite normal curve equivalent (NCE) score of 55 or higher;
      4. Exhibits a TVAAS three-year average composite NCE gain of 1.75 or higher; or
      5. Meets or exceeds achievement and gap closure annual measurable objectives and receives an exemplary or similar status from the department.
  2. 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.

Acts 2013, ch. 393, § 3; 2014, ch. 626, § 1; 2017, ch. 328, § 7.

Compiler's Notes. Acts 2017, ch. 328, § 8 provided that the act, which amended this section, shall apply to students seeking postsecondary financial assistance from net lottery proceeds for the 2017-2018 academic years and academic years thereafter.

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.

Acts 2013, ch. 393, § 4.

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

  1. 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. 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. 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. Add educational days to that district's school calendar, so long as the minimum number of school days required by law is met.
  2. 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. Federal and state civil rights;
    2. Federal, state, and local health and safety;
    3. Federal and state public records;
    4. Immunizations;
    5. Possession of weapons on school grounds;
    6. Background checks and fingerprinting of personnel;
    7. Federal and state special education services;
    8. Student due process;
    9. Parental rights;
    10. Federal and state student assessment and accountability;
    11. Open meetings; and
    12. At least the same equivalent time of instruction as required in regular public schools.

Acts 2013, ch. 393, § 5.

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.

Acts 1925, ch. 115, § 34; Shan. Supp., § 1487a192; Code 1932, § 2515; T.C.A. (orig. ed.), § 49-401.

Law Reviews.

Consolidation of County and City Functions and Other Devices for Simplifying Tennessee Local Government (Wallace Mendelson), 8 Vand. L. Rev. 878.

Symposium — Memphis in the Law: A Memphis Dilemma: A Half-Century of Public Education Reform in Memphis and Shelby County From Desegregation to Consolidation (Daniel Kiel), 41 U. Mem. L. Rev. 787 (2011).

NOTES TO DECISIONS

1. Contract for Joint Operation — Effect on Employment of Teachers.

While county boards may contract with city boards for the operation of county high schools therein, the power to control the employment of teachers of high schools and their branches remains with the county board and an agreement by which the county board divests itself of the control and supervision of the election of teachers is invalid. Brown v. Monroe, 161 Tenn. 703, 34 S.W.2d 209, 1930 Tenn. LEXIS 58 (1931).

Although county board of education received state funds on behalf of district and apparently paid the teachers from the money it received, that was not evidence of a contract between the county board and the district by which the district school system would be operated by the county superintendent (now director of schools) since, after such time, trustees were regularly elected, held meetings, kept minutes and hired teachers. Partee v. Pierce, 589 S.W.2d 919, 1979 Tenn. App. LEXIS 358 (Tenn. Ct. App. 1979).

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

    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. 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.
  1. 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.
  2. 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.
  3. 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.
    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. 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. 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. 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. 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.

Acts 1947, ch. 145, §§ 1, 3-5; 1949, ch. 40, §§ 1, 2; C. Supp. 1950, §§ 2397.3-2397.6 (Williams, §§ 2397.1-2397.4); Acts 1974, ch. 528, § 1; T.C.A. (orig. ed.), §§ 49-404 — 49-407; Acts 1987, ch. 38, § 1.

Law Reviews.

Symposium — Memphis in the Law: A Memphis Dilemma: A Half-Century of Public Education Reform in Memphis and Shelby County From Desegregation to Consolidation (Daniel Kiel), 41 U. Mem. L. Rev. 787 (2011).

Attorney General Opinions. Consolidation plan not required, OAG 97-151, 1997 Tenn. AG LEXIS 196 (10/23/97).

Applicability of § 49-2-1204 to schools merged by transfer, OAG 98-029, 1998 Tenn. AG LEXIS 29 (1/29/98).

For Shelby County to assume the Other Post Employment Benefits (OPEB) indebtedness of Memphis City Schools that existed when school operations were transferred to Shelby County Schools, T.C.A. § 49-2-1002(d) requires the county legislative body to adopt, by a vote of a majority of its members, a resolution assuming the OPEB indebtedness owed by Memphis City Schools. OAG 16-01, 2016 Tenn. AG LEXIS 1 (1/5/2016).

Part 11
Contractual Joint Operation of Schools

49-2-1101. Contracts authorized.

  1. 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.
  2. 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.
  3. 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.

Acts 1957, ch. 12, § 1; 1974, ch. 654, § 39; 1983, ch. 166, § 1; T.C.A., § 49-410.

Attorney General Opinions. City and county boards of education are authorized to execute an agreement to create a joint board of control to jointly operate one or more schools in the county without the necessity of any other local approval and there is no limit on the number of schools that may be jointly operated, OAG 03-160, 2003 Tenn. AG LEXIS 192 (12/08/03).

NOTES TO DECISIONS

1. Contracts.

Where contract which provided for closing county operated high school, construction of new city high school and renovation of existing high school with both schools to be operated by city was silent as to whether annual amount for retirement of school bonds on existing city high school would be considered as operating expenses within the meaning of provisions of contract providing for apportionment of operating expenses between city and county, amounts necessary for retirement of bonds would not be considered within scope of such agreement. Miller v. Hamblen County Board of Education, 225 Tenn. 18, 462 S.W.2d 874, 1970 Tenn. LEXIS 375 (1970).

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.

Acts 1957, ch. 12, § 3; T.C.A., § 49-412.

Textbooks. Tennessee Jurisprudence, 22 Tenn. Juris., Schools, § 11.

Attorney General Opinions. The joint board of control agreement may grant the respective boards of education veto-power over some delegated duties and may specify which rights are retained by the respective boards of education, OAG 03-160, 2003 Tenn. AG LEXIS 192 (12/08/03).

There are no specific powers or duties that would have to remain with either or both of the elected boards of education, OAG 03-160, 2003 Tenn. AG LEXIS 192  (12/08/03).

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

  1. 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.
  2. 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.
  3. The schools may be administered by such other persons and in such other manner as the terms of the contract may provide.
  4. 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.

Acts 1957, ch. 12, § 4; T.C.A., § 49-413.

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.

Acts 1957, ch. 12, § 5; T.C.A., § 49-414.

Part 12
Consolidation of Systems

49-2-1201. Planning commission.

    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. 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.
    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. 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. 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. 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.
    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. The planning commission shall elect a chair, a secretary and other officers as it deems necessary.
    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.
    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. 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.
    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. 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. 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.
    1. The planning commission shall be authorized, but not required, to prepare a plan for the consolidation of such school systems.
    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. 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.
    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. 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.
    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. 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.
  1. In developing any consolidation plan, the planning commission shall consider and provide for the following:
    1. Administrative organization of the proposed consolidated system;
    2. A method to ensure no diminution in the level of the educational service in the schools in any of the systems involved;
    3. Appropriate means for the transfer of assets and liabilities of municipal and special school district systems;
    4. Plans for disposition of existing bonded indebtedness that shall not impair the rights of any bondholder;
    5. Plans for preserving the existing pension rights of all teachers and nonteaching personnel in the respective systems;
    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. 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. Appropriate plans for reapportionment after each federal decennial census of districts for election of members of the school board; and
    9. Any other matters deemed by the planning commission to be pertinent.

Acts 1963, ch. 246, §§ 1-5; 1965, ch. 73, § 1; T.C.A., §§ 49-415 — 49-419; Acts 2003, ch. 90, §  2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all the changes in supplements and replacement volumes for the Tennessee Code Annotated.

Law Reviews.

Symposium — Memphis in the Law: A Memphis Dilemma: A Half-Century of Public Education Reform in Memphis and Shelby County From Desegregation to Consolidation (Daniel Kiel), 41 U. Mem. L. Rev. 787 (2011).

Attorney General Opinions. Consolidation of schools in city and county, OAG 97-115, 1997 Tenn. AG LEXIS 147 (8/15/97).

This part governs a consolidation of schools in a county, including special school districts created by private act, OAG 03-102, 2003 Tenn. AG LEXIS 120 (8/19/03).

The county mayor, the mayor of each municipality operating a school system and the chair of the special school district's board of education appoint the planning commission members, and they may appoint school board members, but the statute does not require it, OAG 03-102, 2003 Tenn. AG LEXIS 120 (8/19/03).

A planning commission is required to conduct a study and make a report, but the statutes do not bind the commission to earlier agreements of mayors, OAG 03-102, 2003 Tenn. AG LEXIS 120 (8/19/03).

When a county commission votes to approve rural bonds for capital improvement of schools, whether the commission must issue the bonds will depend on the authority under which the commission plans to issue bonds and on the language of the bond resolution, OAG 03-102, 2003 Tenn. AG LEXIS 120 (8/19/03).

49-2-1202. Consolidated board.

  1. 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.
  2. Alternative 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. 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. 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. 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. 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.
      1. Terms of office of members of the board shall be staggered.
      2. 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. 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. 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. 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. 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. In the event of a tie vote, the board shall designate the respective terms of those receiving the same number of votes.
      8. Subsequent to the first election, members of the board shall be elected for the full term provided in the plan.
      1. 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. 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. The interim member shall hold office until the vacancy is permanently filled at the next general election.
  3. Alternative 2.
    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. 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. 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. 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. Terms of board members under this alternative shall be so staggered as the plan may determine.
    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.
  4. Alternative 3.
    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. 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. Electors within the city may be permitted to vote for candidates from all districts within the city and for candidates at-large.
    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. 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. 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. 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. Terms of board members shall be staggered.
  5. 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.

Acts 1963, ch. 246, § 6; 1970, ch. 497, § 1; 1973, ch. 268, §§ 1, 2; T.C.A., § 49-420.

Law Reviews.

Symposium — Memphis in the Law: A Memphis Dilemma: A Half-Century of Public Education Reform in Memphis and Shelby County From Desegregation to Consolidation (Daniel Kiel), 41 U. Mem. L. Rev. 787 (2011).

Attorney General Opinions. Effect of county's withdrawal from Tennessee consolidated retirement system.  OAG 12-66, 2012 Tenn. AG LEXIS 66 (6/29/12).

49-2-1203. Director.

  1. 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.
  2. The person so employed shall be designated director of consolidated schools.
  3. 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.

Acts 1963, ch. 246, §§ 7, 7A; T.C.A., §§ 49-421, 49-422.

Code Commission Notes.

Former subsection (b), concerning an alternative plan of consolidation, was deleted as obsolete by the code commission in 2002. In addition, former subdivisions (a)(1)-(3) were redesignated as current subsections (a)-(c) and subsection (a) was amended by the code commission to correct obsolete references.

Law Reviews.

Symposium — Memphis in the Law: A Memphis Dilemma: A Half-Century of Public Education Reform in Memphis and Shelby County From Desegregation to Consolidation (Daniel Kiel), 41 U. Mem. L. Rev. 787 (2011).

49-2-1204. Rights of employees.

    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. The plan shall also provide:
      1. For continuation of the local retirement system for new officers, teachers and other employees; or
      2. 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.
  1. 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.
  2. 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.

Acts 1963, ch. 246, § 8; T.C.A., § 49-423.

Law Reviews.

Symposium — Memphis in the Law: A Memphis Dilemma: A Half-Century of Public Education Reform in Memphis and Shelby County From Desegregation to Consolidation (Daniel Kiel), 41 U. Mem. L. Rev. 787 (2011).

Attorney General Opinions. Applicability to all employees of consolidated system, OAG 98-028, 1998 Tenn. AG LEXIS 28 (1/29/98).

Applicability to schools merged by transfer under § 49-2-1002, OAG 98-029, 1998 Tenn. AG LEXIS 29 (1/29/98).

49-2-1205. Transitional board.

  1. 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.
  2. The transitional board shall be composed of all members of the boards of education of school systems consolidated under the plan of consolidation.
  3. 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.

Acts 1963, ch. 246, § 9; T.C.A., § 49-424.

Law Reviews.

Symposium — Memphis in the Law: A Memphis Dilemma: A Half-Century of Public Education Reform in Memphis and Shelby County From Desegregation to Consolidation (Daniel Kiel), 41 U. Mem. L. Rev. 787 (2011).

Attorney General Opinions. If voters approve consolidation plan, it must provide for a transitional school board until the voters elect a permanent board in the next general election after the adoption of the consolidation plan, OAG 03-102, 2003 Tenn. AG LEXIS 120 (8/19/03).

49-2-1206. Consolidation plan.

    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. 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. 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. The governing body is authorized to:
      1. Approve the proposed plan of consolidation and recommend its adoption to the electorate; or
      2. Disapprove the proposed plan of consolidation and recommend its rejection by the electorate.
    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. 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. 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.
    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. 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. 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. The date of the special election so fixed may but need not coincide with the date of a regular general election.
    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. Notice of the special referendum election shall be given as provided by § 2-12-111(b).
      1. 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:

        For Plan of Consolidating Schools in

        County

        Against Plan of Consolidating Schools in

        County

      2. Where voting machines are used, suitable arrangements shall be made to permit the use of the machines.
    7. 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.
    8. 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. Each city maintaining its separate school system;
      2. Each special school district maintaining its separate school system; and
      3. 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.
    9. 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.
    10. 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.
    11. 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.
    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. 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. 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. 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).

Acts 1963, ch. 246, §§ 10-12; modified; T.C.A., §§ 49-425 — 49-427; Acts 2001, ch. 131, § 1.

Law Reviews.

Symposium — Memphis in the Law: A Memphis Dilemma: A Half-Century of Public Education Reform in Memphis and Shelby County From Desegregation to Consolidation (Daniel Kiel), 41 U. Mem. L. Rev. 787 (2011).

Attorney General Opinions. All voters residing in the county and qualified to vote for members of the general assembly may vote in a special referendum election on consolidation or unification of special school districts, OAG 03-102, 2003 Tenn. AG LEXIS 120 (8/19/03).

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. Formulate recommended policies and practices for conducting the consolidation programs;
  2. Develop suggested methods of procedure and a manual as guides for use by the planning commissions;
  3. Provide professional assistance in consolidation studies and development of consolidation proposals;
  4. Appraise reports of studies made by the planning commissions and examine plans for consolidation, recommending changes or modifications where deemed desirable; and
  5. Afford financial assistance that may be required by counties in effecting consolidation, within the limits of funds available for such purposes.

Acts 1963, ch. 246, § 13; T.C.A., § 49-428.

Law Reviews.

Symposium — Memphis in the Law: A Memphis Dilemma: A Half-Century of Public Education Reform in Memphis and Shelby County From Desegregation to Consolidation (Daniel Kiel), 41 U. Mem. L. Rev. 787 (2011).

49-2-1208. Construction.

  1. 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.
  2. 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.

Acts 1963, ch. 246, § 14; T.C.A., § 49-429.

Law Reviews.

Symposium — Memphis in the Law: A Memphis Dilemma: A Half-Century of Public Education Reform in Memphis and Shelby County From Desegregation to Consolidation (Daniel Kiel), 41 U. Mem. L. Rev. 787 (2011).

49-2-1209 — 49-2-1250. [Reserved.]

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.

Acts 1992, ch. 535, § 64.

Law Reviews.

Symposium — Memphis in the Law: A Memphis Dilemma: A Half-Century of Public Education Reform in Memphis and Shelby County From Desegregation to Consolidation (Daniel Kiel), 41 U. Mem. L. Rev. 787 (2011).

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

    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. 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.
    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. 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. 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. 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.
    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. The planning commission shall elect a chair, a secretary and other officers as it deems necessary.
    3. Future meetings of the planning commission shall be held at such times and places as may be determined.
    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. The expenses and other necessary expenses of the planning commission shall be paid from funds appropriated for those expenses by the participating counties.

Acts 1992, ch. 535, § 65; 2003, ch. 90, §  2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all the changes in supplements and replacement volumes for the Tennessee Code Annotated.

Law Reviews.

Symposium — Memphis in the Law: A Memphis Dilemma: A Half-Century of Public Education Reform in Memphis and Shelby County From Desegregation to Consolidation (Daniel Kiel), 41 U. Mem. L. Rev. 787 (2011).

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

  1. The planning commission shall make a comprehensive study of the need for, issues in, and problems of consolidation of the various county school systems.
  2. 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.

Acts 1992, ch. 535, § 65.

Law Reviews.

Symposium — Memphis in the Law: A Memphis Dilemma: A Half-Century of Public Education Reform in Memphis and Shelby County From Desegregation to Consolidation (Daniel Kiel), 41 U. Mem. L. Rev. 787 (2011).

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

    1. The planning commission shall be authorized to prepare a plan for the consolidation of such county school systems.
    2. The plan as agreed upon by a majority of the planning commission shall be submitted to the department of education for appraisal.
    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.
    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. A record shall be kept of the public hearing in each county and a copy filed with the department.
  1. In developing any consolidation plan, the planning commission shall consider and provide for the following:
    1. Administrative organization of the proposed consolidated system;
    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. 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. Plans for disposition of existing bonded indebtedness, which shall not impair the rights of any of the bond holders;
    5. Plans for the preservation of the existing pension rights of all teachers and nonteaching personnel in the respective systems;
    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. 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. Appropriate plans for reapportionment after each federal decennial census of districts for election of members of the consolidated school board; and
    9. Any other matter deemed by the planning commission to be pertinent.

Acts 1992, ch. 535, § 65.

Law Reviews.

Symposium — Memphis in the Law: A Memphis Dilemma: A Half-Century of Public Education Reform in Memphis and Shelby County From Desegregation to Consolidation (Daniel Kiel), 41 U. Mem. L. Rev. 787 (2011).

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

  1. 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.
    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. Members elected at the regular August election shall take office on September 1, following their elections.
    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. 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. The terms of the board members shall be  staggered as the plan may determine.
  2. 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.

Acts 1992, ch. 535, § 66.

Law Reviews.

Symposium — Memphis in the Law: A Memphis Dilemma: A Half-Century of Public Education Reform in Memphis and Shelby County From Desegregation to Consolidation (Daniel Kiel), 41 U. Mem. L. Rev. 787 (2011).

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

  1. 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.
  2. The person so employed shall be designated director of consolidated schools.
  3. 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.

Acts 1992, ch. 535, § 67.

Law Reviews.

Symposium — Memphis in the Law: A Memphis Dilemma: A Half-Century of Public Education Reform in Memphis and Shelby County From Desegregation to Consolidation (Daniel Kiel), 41 U. Mem. L. Rev. 787 (2011).

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

  1. 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.
  2. 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.
  3. Subsequent to the public hearing, each governing body shall consider and act upon the proposed plan of consolidation at its next regular meeting.
  4. The governing body is authorized to:
    1. Approve the proposed plan of consolidation; or
    2. Disapprove the proposed plan of consolidation.
  5. 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.
  6. 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.

Acts 1992, ch. 535, § 68.

Law Reviews.

Symposium — Memphis in the Law: A Memphis Dilemma: A Half-Century of Public Education Reform in Memphis and Shelby County From Desegregation to Consolidation (Daniel Kiel), 41 U. Mem. L. Rev. 787 (2011).

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

Any consolidated board of education created under §§ 49-2-125149-2-1266 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.

Acts 1992, ch. 535, § 69.

Law Reviews.

Symposium — Memphis in the Law: A Memphis Dilemma: A Half-Century of Public Education Reform in Memphis and Shelby County From Desegregation to Consolidation (Daniel Kiel), 41 U. Mem. L. Rev. 787 (2011).

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.

Acts 1992, ch. 535, § 70.

Law Reviews.

Symposium — Memphis in the Law: A Memphis Dilemma: A Half-Century of Public Education Reform in Memphis and Shelby County From Desegregation to Consolidation (Daniel Kiel), 41 U. Mem. L. Rev. 787 (2011).

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.

Acts 1992, ch. 535, § 71.

Law Reviews.

Symposium — Memphis in the Law: A Memphis Dilemma: A Half-Century of Public Education Reform in Memphis and Shelby County From Desegregation to Consolidation (Daniel Kiel), 41 U. Mem. L. Rev. 787 (2011).

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

  1. 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.

Acts 1992, ch. 535, § 72.

Law Reviews.

Symposium — Memphis in the Law: A Memphis Dilemma: A Half-Century of Public Education Reform in Memphis and Shelby County From Desegregation to Consolidation (Daniel Kiel), 41 U. Mem. L. Rev. 787 (2011).

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.

Acts 1992, ch. 535, § 73.

Law Reviews.

Symposium — Memphis in the Law: A Memphis Dilemma: A Half-Century of Public Education Reform in Memphis and Shelby County From Desegregation to Consolidation (Daniel Kiel), 41 U. Mem. L. Rev. 787 (2011).

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. Formulate recommended policies and practices for conducting the consolidation programs;
  2. Develop suggested methods of procedure and a manual as guides for use by the planning commissions;
  3. Provide professional assistance in consolidation studies and development of consolidation proposals;
  4. Appraise reports of studies made by the planning commissions and examine plans for consolidation, recommending changes or modifications where deemed desirable; and
  5. Afford financial assistance that may be required by counties in effecting consolidation, within limits of funds available for such purposes.

Acts 1992, ch. 535, § 74.

Law Reviews.

Symposium — Memphis in the Law: A Memphis Dilemma: A Half-Century of Public Education Reform in Memphis and Shelby County From Desegregation to Consolidation (Daniel Kiel), 41 U. Mem. L. Rev. 787 (2011).

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

  1. 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.
  2. 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.
  3. 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.

Acts 1992, ch. 535, § 75.

Law Reviews.

Symposium — Memphis in the Law: A Memphis Dilemma: A Half-Century of Public Education Reform in Memphis and Shelby County From Desegregation to Consolidation (Daniel Kiel), 41 U. Mem. L. Rev. 787 (2011).

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

  1. 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.
  2. 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.

Acts 1992, ch. 535, § 76.

Law Reviews.

Symposium — Memphis in the Law: A Memphis Dilemma: A Half-Century of Public Education Reform in Memphis and Shelby County From Desegregation to Consolidation (Daniel Kiel), 41 U. Mem. L. Rev. 787 (2011).

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

  1. 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.
  2. 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.

Acts 1992, ch. 535, § 77.

Law Reviews.

Symposium — Memphis in the Law: A Memphis Dilemma: A Half-Century of Public Education Reform in Memphis and Shelby County From Desegregation to Consolidation (Daniel Kiel), 41 U. Mem. L. Rev. 787 (2011).

Part 13
Educational Cooperation Act

49-2-1301. Short title.

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

Acts 1970, ch. 511, § 1; T.C.A, § 49-430.

Attorney General Opinions. City and county boards of education are authorized to execute an agreement to create a joint board of control to jointly operate one or more schools in the county without the necessity of any other local approval and there is no limit on the number of schools that may be jointly operated, OAG 03-160, 2003 Tenn. AG LEXIS 192 (12/08/03).

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.

Acts 1970, ch. 511, § 2; T.C.A., § 49-431.

49-2-1303. “Public agency” defined.

As used in this part, “public agency” includes:

  1. A board of education of any county, city or special school district or school system;
  2. A county or municipal governing body; and
  3. A director of schools.

Acts 1970, ch. 511, § 3; T.C.A., § 49-432.

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

    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. 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. 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.
    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. 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.
  1. Any such agreement shall specify the following:
    1. Its duration;
    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. The purpose or purposes of the joint or cooperative action;
    4. The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget for the joint or cooperative undertaking;
    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. Any other necessary and proper matters.
  2. 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. Provision for an administrator or a joint board responsible for administering the joint or cooperative undertaking;
      2. In the case of a joint board, all public agencies party to the agreement shall be represented;
        1. 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. If such a board of control is created, it shall elect its own chair and secretary;
        3. 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. 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
    1. The manner of acquiring, holding and disposing of real and personal property used in the joint or cooperative undertaking.
  3. 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.
    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. 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. 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.
  4. Financing of joint projects by agreement shall be as provided by law.
    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. 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. 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. 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. 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.
    1. The department of education shall monitor educational cooperatives.
    2. The department may enjoin the participating school district from expending state funds on the cooperatives if deemed necessary by the commissioner.
    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.

Acts 1970, ch. 511, § 4; 1977, ch. 248, § 1; 1979, ch. 82, § 1; T.C.A., § 49-433; Acts 2018, ch. 495, § 7; 2018, ch. 725, § 27.

Attorney General Opinions. This section gives a properly-created joint board of control the same administrative powers that could be exercised by the county or city boards, OAG 03-160, 2003 Tenn. AG LEXIS 192 (12/08/03).

The joint board of control agreement may grant the respective boards of education veto-power over some delegated duties and may specify which rights are retained by the respective boards of education, OAG 03-160, 2003 Tenn. AG LEXIS 192 (12/08/03).

There are no specific powers or duties that would have to remain with either or both of the elected boards of education, OAG 03-160, 2003 Tenn. AG LEXIS 192 (12/08/03).

Boards of education may agree to cause funds for education provided by the county government and/or the city to be provided directly to the joint board of control and the boards may agree to be bound to a funding mechanism established by a needs assessment or similar process established in the joint board of control agreement, as long as such mechanism does not conflict with the basic education plan, OAG 03-160, 2003 Tenn. AG LEXIS 192 (12/08/03).

49-2-1305. Ancillary powers.

    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. 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. Existing school plants and facilities may be used or new plants may be acquired or constructed.
    4. Agreements for joint ownership or use of real and personal property are authorized.
    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. However, nothing in subdivision (b)(1) shall be construed to authorize the distribution of Tennessee foundation program funds directly to such legal entities.
    3. Such legal entities are authorized to accept grants of funds from any public or private organization including the state and the federal government.
  1. 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.
    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. The contract shall set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties.

Acts 1970, ch. 511, §§ 5, 6, 9, 10; 1981, ch. 132, § 1; T.C.A., §§ 49-434, 49-435, 49-438, 49-439.

Attorney General Opinions. Boards of education may agree to cause funds for education provided by the county government and/or the city to be provided directly to the joint board of control and the boards may agree to be bound to a funding mechanism established by a needs assessment or similar process established in the joint board of control agreement, as long as such mechanism does not conflict with the basic education plan, OAG 03-160, 2003 Tenn. AG LEXIS 192 (12/08/03).

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

  1. 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.
    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. 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.

Acts 1970, ch. 511, § 7; T.C.A., § 49-436.

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

  1. 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.
  2. 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.

Acts 1970, ch. 511, § 8; T.C.A., § 49-437.

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.

Acts 1970, ch. 511, § 11; T.C.A., § 49-440.

Parts 14-19
[Reserved]

Part 20
School Boards Association

49-2-2001. General provisions.

  1. The Tennessee school boards association is recognized as the organization and representative agency of the members of school boards of this state.
    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. Any board of education is authorized to become affiliated with the Tennessee school boards association.
    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.
  2. 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.
  3. 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.

Acts 1953, ch. 72, §§ 1-3 (Williams, §§ 2330.2-2330.4); T.C.A. (orig. ed.), §§ 49-501 — 49-504.

Part 21
Directors of Schools Association

49-2-2101. General provisions.

  1. 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.
    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. The advancement of public education;
      2. The promotion of the work and interests of directors of schools, principals, assistant principals, and system-wide supervisors;
      3. The gathering and circulation of information on general school matters;
      4. The provision of pertinent information on sound education legislation to the general assembly; and
      5. The cooperation with the department of education and other agencies and organizations interested in public education.
    2. The organization may adopt bylaws and from time to time revise the bylaws.
    1. The organization is authorized to perform all reasonable acts necessary or incidental to carrying out its purposes.
    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. 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 basic education program (BEP).
    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 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. 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.
  2. 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.

Acts 1975, ch. 115, §§ 1-4; T.C.A., §§ 49-531 — 49-534; Acts 2006, ch. 797, § 2; 2016, ch. 733, §§ 1-4; 2019, ch. 345, § 88.

49-2-303. School principals.

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

Chapter 3
Finances

Part 1
State School Fund

49-3-101. General provisions.

  1. 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.
  2. The state school fund shall 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.

Code 1955, § 49-601; Acts 1972, ch. 693, § 3; T.C.A., § 49-601.

Compiler's Notes. This section may be affected by § 9-1-116, concerning entitlement to funds, absent appropriation.

Cross-References. Baccalaureate education savings, title 49, ch. 7, part 9.

Volunteer public education trust fund, title 49, ch. 3, part 4.

Textbooks. Tennessee Jurisprudence, 22 Tenn. Juris., Schools, § 26.

Law Reviews.

Tax Problems Presented by the Tennessee Constitution (Eugene L. Parker, Jr.), 4 Vand. L. Rev. 116.

Part 2
Administration of Federal Funds

49-3-201. General provisions.

  1. 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.
  2. 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.
  3. 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.

Acts 1953, ch. 70, § 34 (Williams, § 2417.209); Acts 1955, ch. 136, § 37; 1967, ch. 289, §§ 1, 2; 1974, ch. 654, § 10; T.C.A. (orig. ed.), § 49-109; Acts 2019, ch. 204, § 2.

Compiler's Notes. Acts 1953, ch. 70 and 1955, ch. 136, cited in the history of this section, were the General Educational Acts for those years. Acts 1953, ch. 70 was specifically repealed by Acts 1955, ch. 136, § 41 and Acts 1955, ch. 136 was specifically repealed by Acts 1957, ch. 53, § 38. The sections appearing in Tennessee Code Annotated, however, were reenacted as part of the code by Acts 1957, ch. 1, and § 37 of Acts 1957, ch. 53 states that it is not the intention to supersede or suspend any provision of title 49 of the Tennessee Code Annotated.

Textbooks. Tennessee Jurisprudence, 22 Tenn. Juris., Schools, § 28.

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

  1. 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.
  2. 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.

Acts 2015, ch. 197, § 1.

Part 3
Tennessee Education Finance Act of 1977

49-3-301. Short title.

This part shall be known and may be cited as the “Tennessee Education Finance Act of 1977.”

Acts 1977, ch. 289, § 2; T.C.A., § 49-623.

Cross-References. Baccalaureate education savings, title 49, ch. 7, part 9.

Volunteer public education trust fund, title 49, ch. 3, part 4.

Volunteer trust fund, title 49, ch. 7, part 6.

49-3-302. Part definitions.

As used in this part, unless the context otherwise requires:

  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. “Average daily membership” or “ADM” means the sum of the total number of days enrolled divided by the number of days school is in session during this period as provided in the rules and regulations of the state board;
  3. “Basic education program” or “BEP” is the funding formula for the calculation of kindergarten through grade twelve (K-12) education funding necessary for our schools to succeed;
  4. “Board” means the board of education of any LEA;
  5. “Commissioner” means the commissioner of education;
  6. “Contact hour” means an hour of student time that is supervised by licensed personnel;
  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. “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. “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. “Licensed personnel” means any person employed by an LEA and for whom licensure is required as a condition of employment by law;
  11. “Local education agency” or “LEA” means any county, city, or special school district, unified school district, school district of any metropolitan form of government or any other school system established by law;
  12. “Rules and regulations” means those rules and regulations that the state board may adopt as provided in § 49-3-305;
  13. “State board” means the state board of education;
  14. “State education agency” or “SEA” means the department of education;
  15. “State salary schedule” means the salary schedule adopted by the state board for licensed personnel, which is based on training and experience;
  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. “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;
  18. “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
  19. “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.

Acts 1977, ch. 289, § 3; 1977, ch. 290, § 1; T.C.A., § 49-602; Acts 2001, ch. 284, § 1; 2011, ch. 47, § 32; 2019, ch. 204, § 3.

Compiler's Notes. Acts 2011, ch. 47, § 107 provided that nothing in the legislation shall be construed to alter or otherwise affect the eligibility for services or the rights or responsibilities of individuals covered by the provision on the day before the date of enactment of this legislation, which was July 1, 2011.

Acts 2011, ch. 47, § 108 provided that the provisions of the act are declared to be remedial in nature and all provisions of the act shall be liberally construed to effectuate its purposes.

Cross-References. Group insurance for local education employees, title 8, ch. 27, part 3.

Attorney General Opinions. The Tennessee Risk Management Trust does not fit within the definition of a “local education agency” or “LEA” in T.C.A. § 49-3-302(11), OAG 06-066, 2006 Tenn. AG LEXIS 75 (4/11/06).

NOTES TO DECISIONS

1. Certified Personnel.

For purposes of compensation, elected school superintendent was an employee of the board of education, and qualified as “certified personnel.” Bedford County Bd. of Education v. Harris, 763 S.W.2d 750, 1988 Tenn. App. LEXIS 609 (Tenn. Ct. App. 1988).

2. Local Government.

In a case in which the City of Memphis, Tennessee (city) and the city council appealed a writ of mandamus issued by a chancery court pursuant to Tenn. R. Civ. P. 54.02 and the issue on appeal was whether the statutorily mandated school funding provisions contained in T.C.A. §§ 49-3-314(c) and 49-2-203(a)(10)(A)(ii), the anti-supplanting statutes, and the maintenance of effort (MOE) provisions, were applicable to the city, as a local government, the city could not effectively amend existing law and legislate the Memphis City Schools (MCS) out of existence as a special school district by reducing funding. Both Shelby County and the city were required to fund the MCS in conformance with the basic education program, the anti-supplanting statutes, and the MOE provisions. State Ex Rel. Bd. of Educ. v. City of Memphis, 329 S.W.3d 465, 2010 Tenn. App. LEXIS 13 (Tenn. Ct. App. Jan. 13, 2010), rehearing denied, State ex rel. Bd. of Educ. v. City of Memphis, 329 S.W.3d 465, 2010 Tenn. App. LEXIS 820 (Tenn. Ct. App. 2010), appeal denied, State ex rel. Bd. of Educ. of the Memphis City Schs v. City of Memphis, — S.W.3d —, 2010 Tenn. LEXIS 788 (Tenn. Aug. 24, 2010).

49-3-303. Funding procedure established.

  1. There is established a procedure for the funding of education for the public schools, kindergarten through grade twelve (K-12).
  2. The amount of funding allocated to each LEA shall be determined in accordance with this part for all programs, notwithstanding any other law to the contrary.

Acts 1977, ch. 289, § 4; T.C.A., § 49-603.

49-3-304. Part exclusive.

Notwithstanding any other provision of this title to the contrary, the only procedure for funding of education for any student in the public schools, kindergarten through grade twelve (K-12), excluding state funds allocated to LEAs for the current operation of student transportation, shall be as provided in this part and to the extent that funds are appropriated for such purpose by the general assembly.

Acts 1977, ch. 289, § 18; T.C.A., § 49-622.

49-3-305. Rules and regulations.

  1. The state board is authorized to promulgate rules and regulations for the administration of this part.
  2. The commissioner shall recommend the rules and regulations to the state board.
  3. The commissioner shall prescribe the forms on which reports shall be submitted to the SEA.

Acts 1977, ch. 289, § 4; 1977, ch. 290, § 2; T.C.A., § 49-604.

NOTES TO DECISIONS

1. Constitutionality.

Statute which gives the commissioner of education the right to withhold state funds from the local school system because the schools have not met the minimum standards prescribed by the state is constitutional. Mitchell v. Crawford, 543 S.W.2d 601, 1976 Tenn. App. LEXIS 219 (Tenn. Ct. App. 1976).

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

    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)  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.
    1. Salaries shall be payable in at least ten (10) monthly installments during any school year.
    2. State education funds received by any LEA for the state salary schedule shall be payable in equal installments starting with the first regular pay period.
    3. The salary for part-time personnel shall be proportionately less than that provided for full-time personnel.
      1. Nothing in this section shall prevent any LEA from supplementing salaries from its own local funds when the funds are in addition to the local contribution of the LEA.
        1. When funds are appropriated through the basic education program (BEP) funding formula for instructional salaries and wages, all such funds must be expended by an LEA on instructional salaries and wages; provided, however, if an LEA's average licensed salary exceeds the statewide average salary, such funds may also be expended on instructional benefits.
        2. The department of education shall make adjustments to each LEA's required expenditure pursuant to subdivision (b)(4)(B)(i) to account for any unfunded growth in the prior year and the loss of any instructional funding appropriated for the 2015-2016 school year.
        3. For the purposes of subdivision (b)(4)(B)(i), the salary figure recognized by the BEP review committee to analyze salary disparity pursuant to § 49-1-302(a)(4)(B) shall be utilized.
        1. An LEA shall maintain its budgeted level of local funding for salaries and wages from the prior year, with exceptions made for loss of enrollment, and shall not utilize increases in state funding for instructional salaries and wages to offset local expenditures in these categories.
        2. For each year that an LEA receives an increase in state funding for instructional salaries and wages, the LEA shall report to the department of education how the additional funds were utilized. The department shall report the information to the BEP review committee and the BEP review committee shall include the information in the committee's annual report on the BEP required under § 49-1-302.
  1. 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.
  2. 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. For an LEA that meets class size requirements under § 49-1-104, nothing in this subsection (d) shall be construed to prohibit BEP funds generated in salary components for nonlicensed personnel to be used to increase salaries for currently employed nonlicensed personnel except where the funds are generated for new or additional positions.
  3. 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).
  4. 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.
    1. Establishment of programs and cost differentials shall be as follows:
      1. Regular academic:

        Kindergarten (K) through grade three (3)  1.20

        Grades four (4) through six (6)  1.00

        Grades seven (7) and eight (8)  1.10

        Grade nine (9)  1.20

        Grades ten (10) through twelve (12)  1.30

      2. Career and technical education:

        Agriculture  2.62

        Consumer and homemaking, health occupations  2.10

        Trade and industrial  2.48

        Related trade and industrial  1.84

        Office and distributive education  2.04

      3. Special education:

        Identified and served handicapped  1.07

    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. 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).
  5. Notwithstanding any other provision of this section to the contrary, an LEA shall develop, adopt and implement a differentiated pay plan under guidelines 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.

Acts 1977, ch. 289, § 5; 1978, ch. 705, § 1; 1978, ch. 809, § 1; T.C.A., § 49-605; Acts 1984 (1st Ex. Sess.), ch. 6, § 12; 1984 (1st Ex. Sess.), ch. 7, § 81; 1984, ch. 829, § 33; 1985, ch. 96, § 1; 1985, ch. 464, § 2; 1985, ch. 465, § 2; 1986, ch. 629, § 1; 1986, ch. 777, § 1; 1986, ch. 803, § 1; 1987, ch. 284, § 1; 1988, ch. 761, §§ 1, 2; 1989, ch. 105, § 1; 1989, ch. 199, § 4; 1992, ch. 535, § 84; 2001, ch. 284, § 2; 2001, ch. 306, § 1; 2003, ch. 355, § 59; 2004, ch. 670, §§ 6-8; 2007, ch. 376, § 6; 2010 (1st Ex. Sess.), ch. 2, § 12; 2011, ch. 47, § 33; 2011, ch. 378, § 10; 2014, ch. 742, § 1; 2015, ch. 55, § 4; 2016, ch. 1020, §§ 2, 3; 2019, ch. 153, § 1.

Compiler's Notes. This section may be affected by § 9-1-116, concerning entitlement to funds, absent appropriation.

Acts 2003, ch. 355, § 66 provided that no expenditure of public funds pursuant to the act shall be made in violation of the provisions of Title VI of the Civil Rights Act of 1964, as codified in 42 U.S.C. § 2000d.

Acts 2004, ch. 670, § 9 provided that in reviewing the BEP for fiscal year 2005-2006, the BEP review committee is requested to give special consideration to costs of enhanced services to address the needs of at-risk children, the cost of educating English language learners, including teachers, translators and related professions, and the development and implementation of a system-level fiscal capacity model.

Acts 2010 (1st Ex. Sess.), ch. 2, § 1 provided that the act shall be known and may be cited as the “Tennessee First to the Top Act of 2010.”

Acts 2011, ch. 47, § 107 provided that nothing in the legislation shall be construed to alter or otherwise affect the eligibility for services or the rights or responsibilities of individuals covered by the provision on the day before the date of enactment of this legislation, which was July 1, 2011.

Acts 2011, ch. 47, § 108 provided that the provisions of the act are declared to be remedial in nature and all provisions of the act shall be liberally construed to effectuate its purposes.

Acts 2011, ch. 378, § 4 provided that nothing in the act shall be construed to abridge or impair a contract or agreement governing terms and conditions of professional service entered into by a board of education and a recognized professional employees' organization under the Education Professional Negotiations Act before June 1, 2011. Any such contract or agreement shall remain in full force and effect until the expiration of the contract or agreement.

Pursuant to Article III, Section 18 of the Constitution of Tennessee, Acts 2014, ch. 742 took effect on April 21, 2014.

Cross-References. Basic personnel requirements, § 49-5-101.

Textbooks. Tennessee Jurisprudence, 22 Tenn. Juris., Schools, §§ 13, 28, 29.

Attorney General Opinions. Authority of commissioner to waive superintendents' (now director of schools') pay increases, OAG 96-082, 1996 Tenn. AG LEXIS 92 (5/14/96).

Local education agency funding of raises for local school employees, OAG 99-130, 1999 Tenn. AG LEXIS 123 (6/30/99).

Unless it has fewer students than the previous year, county school system must maintain its level of K-12 education funding in an amount sufficient to make up for the amount of city funding, if the city stops paying, OAG 02-068, 2002 Tenn. AG LEXIS 144 (5/22/01).

Reduction of local school funding by a county commission, OAG 07-095, 2007 Tenn. AG LEXIS 95 (6/25/07).

NOTES TO DECISIONS

1. Provisions Mandatory.

The provisions of this section are mandatory. Harriman v. Roane County, 553 S.W.2d 904, 1977 Tenn. LEXIS 593 (Tenn. 1977).

2. Apportionment of Funds.

Although Roane County, after purchasing schools and equipment from the City of Harriman, assumed responsibility for the payment of school bonds which had been issued by the city and thereafter made payments to the city from a “debt service fund” created by a special countywide property tax levy, because the funds were not “for current operation and maintenance purposes” the city was not entitled to receive from the county an additional proportionate amount representing the interest and debt service on the bonds. Harriman v. Roane County, 553 S.W.2d 904, 1977 Tenn. LEXIS 593 (Tenn. 1977).

A county legislative body may not lawfully appropriate proceeds of a wholesale beer tax to school purposes without specific statutory authorization but the remedy for such action is not to grant the city a proportion of such funds under the provisions of this section, but rather to enjoin such improper allocation by the county in the future. Harriman v. Roane County, 553 S.W.2d 904, 1977 Tenn. LEXIS 593 (Tenn. 1977).

Although statute directed that a county need expend only one half of the retail sales tax proceeds for school purposes, dividing such proceeds with the city school system on an average daily attendance basis pursuant to this section, where the county governing body chose to apply the remaining one half of the retail sales tax proceeds to school purposes, these proceeds must also be shared with the city school system pursuant to this section. Harriman v. Roane County, 553 S.W.2d 904, 1977 Tenn. LEXIS 593 (Tenn. 1977).

3. Compensation.

Board of education's reduction of school superintendent's (now director of schools') compensation violated subdivision (5)(A)(ii) (now T.C.A. § 49-3-306(b)). Bedford County Bd. of Education v. Harris, 763 S.W.2d 750, 1988 Tenn. App. LEXIS 609 (Tenn. Ct. App. 1988).

County board of education could lawfully limit the credit for prior teaching experience of newly-employed teachers for the purpose of assessing a local salary supplement. Knox County Educ. Ass'n v. Knox County Bd. of Educ., 953 S.W.2d 686, 1997 Tenn. App. LEXIS 199 (Tenn. Ct. App. 1997), appeal denied, 1997 Tenn. LEXIS 457 (Tenn. Sept. 15, 1997).

The Supreme Court of Tennessee held that T.C.A. § 49-3-306 did nothing to address the problem of having an education funding system consisting entirely of cost-driven components except for the most important component of providing teachers. Tenn. Small Sch. Sys. v. McWherter, 91 S.W.3d 232, 2002 Tenn. LEXIS 425, 110 A.L.R.5th 707 (Tenn. 2002).

49-3-307. Basic education program calculation.

  1. Notwithstanding § 49-1-302, § 49-3-351, or any other law or rule to the contrary, effective with fiscal year 2016-2017, the Tennessee basic education program (BEP) shall be calculated using the following criteria:
        1. BEP appropriations to LEAs for the 2015-2016 school year, plus appropriations to LEAs generated for increases in the dollar value of instructional components based on the 2015-2016 school year shall constitute a minimum level of funding; however, any LEA on stability funding during the 2015-2016 school year shall have its minimum level of funding adjusted to reflect decreases in enrollment experienced in the 2014-2015 school year; and
        2. Beginning with the 2017-2018 school year, the minimum level of funding identified pursuant to subdivision (a)(1)(A)(i) shall be adjusted to reflect decreases in enrollment;
      1. The department of education shall utilize enrollment numbers from an attendance month or months that maximize LEA budget planning and best represent yearly enrollment numbers to determine BEP funding allocations. Students graduating during the school year but prior to the identified attendance periods shall be included for funding purposes;
      1. The BEP shall include the following four (4) categories of components:
        1. Instructional salaries and wages;
        2. Instructional benefits;
        3. Classroom; and
        4. Nonclassroom;
      2. The state shall provide seventy percent (70%) of the funds generated for components within the instructional salaries and wages category; seventy percent (70%) of the funds generated for components within the instructional benefits category; seventy-five percent (75%) of the funds generated for components within the classroom category; and fifty percent (50%) of the funds generated for components within the nonclassroom category;
    1. The dollar value of the BEP instructional salaries and wages position component shall be forty-four thousand four hundred thirty dollars ($44,430) for fiscal year 2016-2017 and may be adjusted in subsequent fiscal years in accordance with the general appropriations act;
    2. The cost differential factor (CDF) shall be funded at twenty-five percent (25%) in fiscal year 2016-2017 and eliminated from the formula in subsequent years as increases are made to the instructional salary and wages component;
    3. The funds generated for medical insurance in the BEP shall be based on twelve (12) months of employment;
    4. The formula shall provide one hundred percent (100%) funding for at-risk students in kindergarten through grade twelve (K-12). “At-risk” funding allocations shall be determined by the department of education using appropriated funding and applicable direct certification eligibility guidelines pursuant to 42 U.S.C. §§ 1751-1769; however, at a minimum, the amount of funds representative of the at-risk component and generated statewide shall equal the amount generated statewide in the 2015-2016 school year with adjustments made for decreased enrollment;
    5. The formula shall provide funding for English language learner students at a ratio of one to twenty (1:20) and one to two hundred (1:200) for teachers and translators, respectively;
    6. The formula shall provide funding for special education personnel based on the level and extent of services provided and related to the student's individualized education program (IEP). The state board of education shall address the special education options and caseload allocations within the formula in a manner that provides a child with a disability a free and appropriate public education according to the unique needs of the child, as described in the child's IEP. To ensure the formula does not create a disincentive to placing the child in the least restrictive environment according to the individual student's needs, the 2015-2016 school year options and caseload allocations shall be condensed as follows with future revisions made pursuant to § 49-3-351:
      1. Option 1 (Option 1 in the 2015-2016 school year) = 91;
      2. Option 2 (Options 2 and 3 in the 2015-2016 school year) = 58.5;
      3. Option 3 (Options 4-6 in the 2015-2016 school year) = 16.5; and
      4. Option 4 (Options 7-10 in the 2015-2016 school year) = 8.5;
    7. The dollar value of the classroom technology component shall be forty million dollars ($40,000,000), and may be adjusted in accordance with the general appropriations act;
      1. The formula shall recognize the ability of local jurisdictions to raise local revenues by measuring the ability to generate local revenues from property tax and local option sales tax. This calculation shall be based on applying the statewide average property tax rate for education and the statewide average local option sales tax rate for education to the respective tax bases of each local jurisdiction. No reduction shall be made in any calculation of a local jurisdiction's ability to raise local revenues from property taxes for agreements entered into by the local jurisdiction that result in payments in lieu of taxes being made to the local jurisdiction;
      2. The formula shall also recognize the ability of local jurisdictions to raise local revenues as determined by the multiple regression analysis model developed by the Tennessee advisory commission on intergovernmental relations pursuant to § 4-10-104(10); and
      3. The formula shall equally weight the provisions of subdivisions (a)(10)(A) and (B);
    8. The formula shall be student-based such that each student entering or exiting an LEA shall impact generated funding; and
    9. Each LEA shall receive no less than a twenty-five percent (25%) state share in the nonclassroom components;
  2. Notwithstanding §§ 49-1-302, 49-3-351, and any other law to the contrary, the changes in components or factors of the BEP implemented by chapter 1020 of the Public Acts of 2016 shall be implemented in accordance with funding as made available through the general appropriations act.

Acts 2007, ch. 369, § 3; 2016, ch. 1020, § 1.

Compiler's Notes. Former § 49-3-307 (Acts 1977, ch. 289, § 6; T.C.A., § 49-606; Acts 1984, ch. 988, § 1), concerning local funds and their computation, was repealed by Acts 2001, ch. 284, § 3, effective May 22, 2001.

Law Reviews.

Symposium — Memphis in the Law: A Memphis Dilemma: A Half-Century of Public Education Reform in Memphis and Shelby County From Desegregation to Consolidation (Daniel Kiel), 41 U. Mem. L. Rev. 787 (2011).

Attorney General Opinions. County Budgeting Law of 1957 and funding of schools.  OAG 11-68, 2011 Tenn. AG LEXIS 70 (9/15/11).

Changes to the data sources in the Tennessee Advisory Commission on Intergovernmental Relations fiscal-capacity model must be adopted by the State Board of Education and approved by the Commissioners of Education and Finance and Administration. Legislative approval is not required for such changes, nor is approval of the Basic Education Program {BEP) Review Committee. OAG 20-01, 2020 Tenn. AG LEXIS 1 (1/10/2020).

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

  1. As used in this section, “educational facility” or “facility” means:
    1. A facility that operates as a Category I special purpose school pursuant to state board of education rules;
    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. The facility is a recipient of a juvenile justice prevention grant.
  2. 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. 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. 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. The student is not in the custody of the department of children's services.
  3. 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.
  4. 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.
  5. 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).
  6. 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.

Acts 2018, ch. 810, § 1.

Compiler's Notes. Former § 49-3-308 [Acts 1977, ch. 289, § 6; T.C.A., § 49-607; Acts 1984 (1st E.S.), ch. 7, § 82], concerning amount of state contribution, was repealed by Acts 2001, ch. 284, § 4, effective May 22, 2001.

49-3-309. Transportation services.

  1. Student transportation services shall be defined by the commissioner, as approved by the state board.
  2. State funds for student transportation shall be included in the transportation component of the BEP funding formula. In making the calculation, only the ADA of students transported at public expense who live one and one-half (1½) miles or more from the school to which they are assigned by the respective board and in which they are enrolled shall be taken into account. However, the board may, in its discretion, provide, at local expense, student transportation services for children who live less than one and one-half (1½) miles from the school to which they are assigned and in which they are enrolled. State funds shall be generated under the rules and regulations for the transportation of students with a physical disability who are transported less than one and one-half (1½) miles.

Acts 1977, ch. 290, § 2; T.C.A., § 49-608; Acts 1984 (1st Ex. Sess.), ch. 6, § 13; 2001, ch. 284, § 5; 2011, ch. 47, § 34.

Compiler's Notes. This section may be affected by § 9-1-116, concerning entitlement to funds, absent appropriation.

Acts 2011, ch. 47, § 107 provided that nothing in the legislation shall be construed to alter or otherwise affect the eligibility for services or the rights or responsibilities of individuals covered by the provision on the day before the date of enactment of this legislation, which was July 1, 2011.

Acts 2011, ch. 47, § 108 provided that the provisions of the act are declared to be remedial in nature and all provisions of the act shall be liberally construed to effectuate its purposes.

Cross-References. Pupil transportation services, funding through basic education, § 49-3-355.

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

Funding for textbooks and other instructional materials shall be provided through the BEP, subject to the following minimum amounts and conditions:

    1. 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. 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. Refusal to issue any additional textbooks and instructional materials until restitution is made;
      2. Withholding of all grade cards, diplomas, certificates of progress or transcripts until restitution is made;
      3. 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. 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. 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;
  1. 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.

Acts 1977, ch. 289, § 7; 1980, ch. 486, § 1; 1980, ch. 509, § 1; 1983, ch. 32, §§ 1, 2; 1983, ch. 448, §§ 1, 2; T.C.A., § 49-609; Acts 1986, ch. 684, §§ 1, 2; 1989, ch. 198, §§ 1, 2; 1990, ch. 698, § 1; 1999, ch. 228, §§ 1, 6; 2001, ch. 284, § 6; 2014, ch. 981, §§ 25-28; 2018, ch. 725, § 28.

Compiler's Notes. This section may be affected by § 9-1-116, concerning entitlement to funds, absent appropriation.

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.

Acts 1977, ch. 289, § 8; T.C.A., § 49-610; Acts 1998, ch. 737, § 5; 2001, ch. 284, § 7.

Compiler's Notes. This section may be affected by § 9-1-116, concerning entitlement to funds, absent appropriation.

49-3-312. Substitute teachers.

  1. 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.
  2. 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.

Acts 1977, ch. 289, § 9; T.C.A., § 49-611; Acts 1996, ch. 764, § 1; 2001, ch. 284, § 8; 2017, ch. 387, §§ 1, 2.

Compiler's Notes. This section may be affected by § 9-1-116, concerning entitlement to funds, absent appropriation.

49-3-313. School lunch program.

  1. The state matching funds for the school lunch program, as defined in this section, shall be distributed to every participating LEA.
  2. 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.
  3. The amount so disbursed shall not exceed the required matching amount as prescribed by Public Law 91-248.
  4. 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.
  5. 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. Employment of a certified school food service supervisor;
    2. Employment of cafeteria managers or assistant managers accredited by the Tennessee School Food Service Association or working toward that accreditation; or
    3. Professional training programs for nonaccredited personnel.

Acts 1977, ch. 289, § 10; 1979, ch. 156, § 1; T.C.A., § 49-612; Acts 1986, ch. 904, § 6; 1987, ch. 285, § 1.

Compiler's Notes. This section may be affected by § 9-1-116, concerning entitlement to funds, absent appropriation.

49-3-314. Distribution of state funds.

    1. State education finance funds shall be distributed annually to the LEAs by the commissioner according to the plan set out in subsection (b) and subject to all restrictions provided by law.
    2. In making distribution of state funds to the LEAs, no allowance shall be made by the state for any school in which the right to exercise authority of the respective local director of schools and the board is not as full and ample in all phases of the school program as in any other school of the LEA.
    1. Approximately one-tenth ( ) of the estimated total of the state funds annually appropriated for the BEP shall be distributed on or about August 15, and on or about the fifteenth day of each succeeding month through April 15, and the amount of the remainder due each LEA for the school year shall be determined during June of such school year. The amount of the remainder due shall be determined on the basis of the records that each LEA has furnished the commissioner. The actual delivery of the warrant covering the final distribution to an LEA shall not be made until after all records required by the commissioner have been furnished. Before a full and complete settlement is made with any LEA for any year, all records and reports required by the commissioner shall be filed with the commissioner by the LEA.
    2. The disbursement of state funds annually appropriated for the school lunch program, as defined in § 49-3-313, shall be under rules and regulations prescribed by the commissioner, as approved by the state board.
    1. In order for any LEA to receive state education finance funds as set forth in this part, 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. 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.
      1. 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.
      2. 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.
      1. 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. 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.

Acts 1977, ch. 289, § 11; T.C.A., § 49-613; Acts 1984 (1st E.S.), ch. 6, § 14; 1987, ch. 280, §§ 2, 3; 1992, ch. 603, § 2; 2001, ch. 284, § 9; 2013, ch. 305, § 1; 2016, ch. 622, § 1; 2019, ch. 439, § 1.

Cross-References. Restrictions on replacing local funds with state funds, § 49-2-203.

Attorney General Opinions. Unless it has fewer students than the previous year, county school system must maintain its level of K-12 education funding in an amount sufficient to make up for the amount of city funding, if the city stops paying, OAG 02-068, 2002 Tenn. AG LEXIS 144 (5/22/02).

Because the City of Memphis is legally obliged to provide funding for K-12 education, it cannot reduce or eliminate its current level of school funding, OAG 05-021, 2005 Tenn. AG LEXIS 21 (3/10/05).

Reduction of local school funding by a county commission, OAG 07-095 (6/25/07).

Constitutionality of amendments to BEP's “maintenance of effort” provisions, OAG 08-194, 2008 Tenn. AG LEXIS 239 (12/29/08).

The dedicated education fund balance in excess of 3% of the annual LEA budget can be used for any educational purpose with the consent of the LEA, including recurring or nonrecurring education expenses. T.C.A. § 49-3-314(c)(3) does not affect the ability of an LEA to use the fund balance for recurring expenses. OAG 13-69, 2013 Tenn. AG LEXIS 66 (8/23/13).

NOTES TO DECISIONS

1. University School.

University School, which was a joint venture of both county school system and state university, is not a training school under Tenn. Code Ann. § 49-8-105 or a county school system school under Tenn. Code Ann. § 49-3-314. Reed v. Washington County Bd. of Education, 756 S.W.2d 250, 1988 Tenn. LEXIS 164 (Tenn. 1988).

2. Miscellaneous.

In a case in which the City of Memphis, Tennessee (city) and the city council appealed a writ of mandamus issued by a chancery court pursuant to Tenn. R. Civ. P. 54.02 and the issue on appeal was whether the statutorily mandated school funding provisions contained in T.C.A. §§ 49-3-314(c) and 49-2-203(a)(10)(A)(ii), the anti-supplanting statutes, and the maintenance of effort (MOE) provisions, were applicable to the city, as a local government, the city could not effectively amend existing law and legislate the Memphis City Schools (MCS) out of existence as a special school district by reducing funding. Both Shelby County and the city were required to fund the MCS in conformance with the basic education program, the anti-supplanting statutes, and the MOE provisions. State Ex Rel. Bd. of Educ. v. City of Memphis, 329 S.W.3d 465, 2010 Tenn. App. LEXIS 13 (Tenn. Ct. App. Jan. 13, 2010), rehearing denied, State ex rel. Bd. of Educ. v. City of Memphis, 329 S.W.3d 465, 2010 Tenn. App. LEXIS 820 (Tenn. Ct. App. 2010), appeal denied, State ex rel. Bd. of Educ. of the Memphis City Schs v. City of Memphis, — S.W.3d —, 2010 Tenn. LEXIS 788 (Tenn. Aug. 24, 2010).

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

  1. 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. 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. 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. 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. 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. 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.
    1. The state school funds distributed under this part 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. 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. 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.
  2. 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.

Acts 1977, ch. 289, § 12; 1981, ch. 357, § 1; T.C.A., § 49-614; Acts 1987, ch. 21, § 1; 1992, ch. 783, § 1; 1994, ch. 899, § 1; 2001, ch. 284, § 10; 2013, ch. 315, § 19.

Compiler's Notes. Acts 2013, ch. 315, § 31 provided that the act, which amended subdivision (b)(3), shall apply to the renewal or obtaining an official bond for any bonding after April 29, 2013.

Attorney General Opinions. County lacks authority to use noneducational, unapportioned funds for school purposes, OAG 99-017, 1999 Tenn. AG LEXIS 34 (2/2/99).

School funding — use of local option sales tax revenue, OAG 99-203, 1999 Tenn. AG LEXIS 195 (10/11/99).

County not required to apportion TVA revenue funds between county and special school district, OAG 03-080, 2003 Tenn. AG LEXIS 96 (6/20/03).

Hamilton county commission withholding PILOT funds from Hamilton county school board.  OAG 11-19, 2011 Tenn. AG LEXIS 21 (2/28/11).

Apportionment of local education funding.  OAG 12-64, 2012 Tenn. AG LEXIS 64 (6/25/12).

Funding of school resource officers.  OAG 13-74, 2013 Tenn. AG LEXIS 74 (9/19/13).

County Fee for Transportation of City School Children. OAG 14-73, 2014 Tenn. AG LEXIS 76  (7/31/14).

NOTES TO DECISIONS

1. Apportionment.

A county is not required to apportion to a city school system located within its boundaries funds in its school budget received from federal entities in lieu of taxes. Oak Ridge City Schools v. Anderson County, 677 S.W.2d 468, 1984 Tenn. App. LEXIS 2837 (Tenn. Ct. App. 1984) (funds received from TVA).

A county is required to apportion to a city school system within its boundaries school budget funds received as interest on money invested from the sale of a county asset. Dyersburg Bd. of Education v. Dyer County Com., 776 S.W.2d 129, 1989 Tenn. App. LEXIS 332 (Tenn. Ct. App. 1989).

T.C.A. § 49-3-352 is not contrary to the apportionment statute, T.C.A. § 49-3-315; it simply addresses the manner in which a local education agency should manage its educational funds. Crider v. County of Henry, 295 S.W.3d 269, 2008 Tenn. App. LEXIS 768 (Tenn. Ct. App. Dec. 30, 2008).

Trial court properly granted the county summary judgment on the local boards of education's action seeking apportionment of other capital project tax funds as T.C.A. § 49-3-315 (2013) required the county to share only school funds collected for current operation and maintenance purposes, and the county had properly designated the funds at issue for capital projects. City of Athens Bd. of Educ. v. McMinn County, 467 S.W.3d 458, 2014 Tenn. App. LEXIS 873 (Tenn. Ct. App. Dec. 29, 2014), appeal denied, — S.W.3d —, 2015 Tenn. LEXIS 425 (Tenn. May 14, 2015).

T.C.A. § 49-3-315 (2013), by its language, did not require apportionment of funds that were not designated for current operation and maintenance purposes, City of Athens Bd. of Educ. v. McMinn County, 467 S.W.3d 458, 2014 Tenn. App. LEXIS 873 (Tenn. Ct. App. Dec. 29, 2014), appeal denied, — S.W.3d —, 2015 Tenn. LEXIS 425 (Tenn. May 14, 2015).

2. TVA Payments.

Tennessee valley authority payments are not revenues received from the state, county, or other political subdivision. Oak Ridge City Schools v. Anderson County, 677 S.W.2d 468, 1984 Tenn. App. LEXIS 2837 (Tenn. Ct. App. 1984).

Under T.C.A. § 49-3-315, county was not required to allocate TVA payment in lieu of taxes funds to special school district because those funds were not received from the state, county, or other political subdivision, but rather were received from the federal government; furthermore, the decision to stop allocating funds in such a manner did not violate T.C.A. § 49-3-352 or T.C.A. § 49-3-354. Crider v. County of Henry, 295 S.W.3d 269, 2008 Tenn. App. LEXIS 768 (Tenn. Ct. App. Dec. 30, 2008).

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

    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. 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. Each LEA shall, on or before August 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 August 1 set forth in this part.
    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. 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. Any records or reports provided to the commissioner by any LEA shall be made available to the comptroller of the treasury upon request.
    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. 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. 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.
    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, 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. 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.
    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. However, expenditures mandated by this part and implemented by rules, regulations and minimum standards of the state board shall be incorporated into this continuing budget.
    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.
  1. 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.

Acts 1977, ch. 289, § 13; T.C.A., § 49-615; Acts 1988, ch. 936, § 1; 2000, ch. 639, §§ 1, 2; 2016, ch. 1020, § 4; 2017, ch. 21, § 1.

Attorney General Opinions. The commissioner of education has authority and responsibility to withhold and retain funds under special circumstances in connection with the contracting out of essential education services, OAG 01-111, 2001 Tenn. AG LEXIS 102 (7/11/01).

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

    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. 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 under this part. For purposes of this subdivision (a)(2), justifiable cause exists for the 2019-2020 school year.
  1. 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.
    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. 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. 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.
  2. 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.

Acts 1977, ch. 289, § 14; T.C.A., § 49-616; Acts 2001, ch. 284, § 11; 2005, ch. 452, §§ 1, 2; 2014, ch. 1006, § 1; 2020, ch. 652, § 9.

Compiler's Notes. Acts 2005, ch. 452, § 4 provided that, to the extent the provisions of the act conflict with the provisions of title 49, chapter 3, the act shall prevail.

For the Preamble to the act concerning severe weather, tornadoes and the COVID-19 threat, see Acts 2020, ch. 652.

Acts 2020, ch. 652, § 13 provided that: “(a) The department of education shall promptly seek a waiver from the United States Department of Education, or seek to amend Tennessee's Every Student Succeeds Act (ESSA) Plan, as necessary and appropriate to implement this act.

“(b) The state board of education shall promptly revise the high school graduation requirements for the 2019-2020 school year to ensure that high school seniors who were affected by school closures during the spring of the 2019-2020 school year do not fail to receive a high school diploma for which the student was on-track and otherwise eligible to receive on or before April 2, 2020.

“(c) The state board of education shall consult with the department of education, Tennessee higher education commission, and public institutions of higher education to develop guidance, resources, and opportunities for high school students who were enrolled in dual credit or dual enrollment courses during the spring of the 2019-2020 school year, arid who were adversely affected by school closures due to COVID-19.

“(d) Notwithstanding Tennessee Code Annotated, Section 4-5-208(a):

“(1) The state board of education may promulgate emergency rules as necessary to address any issues created by school closures due to the outbreak of COVID-19 during the 2019-2020 school year. The rules must be promulgated according to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; and

“(2) The Tennessee student assistance corporation and public institutions of higher education may promulgate emergency rules to protect the financial aid and credit opportunities for high school students who were enrolled in dual credit or dual enrollment courses during the spring of the 2019-2020 school year, and who were adversely affected by school closures due to COVID-19.”

Amendments. The 2020 amendment added (a)(2).

Effective Dates. Acts 2020, ch. 652, § 14. April 2, 2020.

Cross-References. Disasters, emergencies and civil defense, title 58, ch. 2.

49-3-318. Career or technical education.

    1. The department of education shall administer annual appropriations that are made for career and technical education, including all of the related programs for which funds have been or may be authorized or appropriated by any present or future federal act or acts having to do with or related to career and technical education.
    2. Funds generated by the career and technical education components of the state funding formula may be used to match, as required by federal statute or statutes, funds appropriated and paid over by the federal government for the same purpose as the appropriation made for career and technical education, as referred to in this section.
    3. All expenses of administration of funds appropriated for career and technical education, as referred to in this section, shall be paid from funds generated by the career and technical components of the state funding formula as supplemented by funds received from the federal government.
    1. Notwithstanding subsection (a) or other law to the contrary, in any fiscal year in which funds are appropriated for career and technical education above and beyond the funds available through the Tennessee BEP for career and technical education, the additional funds shall be used to provide a system of grants to improve and enhance career and technical education. The department of education through its division of career and technical education shall establish, develop, administer and monitor the system of grants. Guidelines for the system of grants shall be developed by the division of career and technical education in consultation with the Tennessee directors of career and technical education. The system shall consist of three (3) grant programs as follows:
        1. Annual grants to each LEA that provides a program of career and technical education for:
          1. Acquisition, replacement, upgrade, maintenance and repair of materials, supplies and equipment necessary to provide, enhance and improve career and technical education programs that meet or exceed current industry standards; and
          2. If provided in the guidelines adopted by the division of career and technical education, enhancement of employment opportunities for career and technical education directors;
        2. All funds appropriated for grants under this subdivision (b)(1)(A) shall be allocated and credited for distribution through the grant program in the same manner in which state funds are allocated and distributed to LEAs through the BEP funding formula in effect for that fiscal year; and
      1. Competitive grants awarded by the department to LEAs to provide funding for:
        1. Starting new career and technical education programs that meet current industry standards, particularly in high demand, high wage industries;
        2. Maintaining and enhancing high quality career and technical education programs that lead directly to employment or to postsecondary education; and
        3. Implementing innovative exemplary career and technical programs that have potential for replication in other areas of the state.
    2. The use of grant funds shall be subject to audit by the office of the comptroller of the treasury.
    3. The commissioner is 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.
  1. Annual appropriations of state funds that are made for the current operation or capital improvement of state colleges of applied technology and regional technical institutes shall be administered by the state board of regents and may be used for any purpose set forth in this subsection (c) including, but not limited to, the matching, as required by federal statute or statutes, of any funds appropriated and paid over by the federal government for any purpose or purposes related to area career and technical institute programs.

Acts 1977, ch. 289, § 15; 1983, ch. 181, § 13; T.C.A., § 49-617; Acts 1994, ch. 685, § 3; 2001, ch. 284, § 12; 2008, ch. 867, §§ 1, 2; 2013, ch. 473, § 12; 2015, ch. 182, §§ 29, 30; 2019, ch. 204, §§ 4-8.

Code Commission Notes.

Provisions relating to the federal Manpower Development and Training Act, formerly compiled in 42 U.S.C. § 2571 et seq., were deleted by the code commission in 2002 due to repeal of the federal act.

Compiler's Notes. Acts 2008, ch. 867, § 3 provided that the provisions of the act shall not be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to the act unless the funds are specifically appropriated by the general appropriations act.

Acts 2019, ch. 345, § 89 purported to amend subdivisions (b)(1)(C) and (b)(4) of this section, effective May 10, 2019; however, Acts 2019, ch. 248,  had previously deleted the subdivisions, effective May 2, 2019. Acts 2019, ch. 345, § 89 was not given effect.

Cross-References. Grand divisions, title 4, ch. 1, part 2.

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 Economic Opportunity Act of 1964, the Vocational Education Act of 1963 or other pertinent federal statute or statutes as may exist or be enacted.

Acts 1977, ch. 289, § 16; T.C.A., § 49-618.

Compiler's Notes. The Economic Opportunity Act of 1964, referred to in this section, was formerly compiled in 42 U.S.C. § 2701 et seq. and has been repealed.

The Vocational Education Act of 1963, referred to in this section, was formerly compiled in 20 U.S.C. § 1241 et seq. and was completely amended and reorganized by the education amendments of 1976, 20 U.S.C. § 2301 et seq.

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. Tennessee Academy of Science;
  2. U.D.C. scholarships;
  3. Girls' Blind Home;
  4. State Aid for Youth, Inc.;
  5. Spencer T. Hunt Trust Fund;
  6. Cumberland Museum and Science Center;
  7. Student's Museum of Knoxville; and
  8. Memphis Pink Palace Museum.

Acts 1977, ch. 289, § 16; T.C.A., § 49-619.

49-3-321. [Repealed.]

Acts 1977, ch. 289, § 16; T.C.A., § 49-620; repealed by Acts 2019, ch. 248, § 31, effective May 2, 2019.

Compiler's Notes. Former § 49-3-321 concerned appropriations of state funds for inservice training.

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

  1. 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.
  2. 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.

Acts 1987, ch. 354, § 1; 1989, ch. 375, § 1.

Cross-References. Contracts, small businesses, minority owned businesses, § 49-8-114.

Law Reviews.

The Future of Affirmative Action in Tennessee (M. Jill Austin and Lara Womack), 35 No. 7 Tenn. B.J. 12 (1999).

49-3-323. [Reserved.]

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.

Acts 1992, ch. 927, § 1; 2010, ch. 868, § 78.

49-3-325 — 49-3-350. [Reserved.]

    1. State funds appropriated for the BEP, kindergarten through grade twelve (K-12), shall be allocated pursuant to the formula devised by the state board of education pursuant to § 49-1-302. The programs funded through this formula are the Tennessee BEP.
    2. The formula shall also include increased funding for inclusion of a capital outlay component and cost of operations adjustments. This requirement shall be implemented the first year of the Tennessee BEP.
    3. The Tennessee BEP shall include requirements prescribed by state law, regulations, rules and other required costs.
    4. Before any subsequent amendment or revision to the components of the formula of the Tennessee BEP shall become effective, it shall be submitted to the education committee of the senate and the education committee of the house of representatives for review and recommendation, and shall be approved by resolutions of the senate and house of representatives, but approval shall be on the complete plan or revision and shall not be subject to amendment of the plan or revision.
  1. Notwithstanding any other law to the contrary, except for direct appropriations in support of the career ladder program, compiled in chapter 5, part 50 of this title [repealed], the only procedure for the funding of the BEP, kindergarten through grade twelve (K-12), shall be as provided in the formula prescribed in this section, and to the extent that funds are appropriated for that purpose by the general assembly.
  2. All funds generated for the BEP shall be spent on BEP components.
  3. Notwithstanding any other section or law to the contrary, the BEP of every LEA will be calculated on the basis of prior year ADM, or FTEADM, or identified and served special education students (I&S), with the following exceptions: if the LEA's current year ADM, FTEADM, and I&S, taken as a whole, exceeds by more than two percent (2%) the prior year's ADM, FTEADM, and I&S, taken as a whole, then that LEA's allocation of state funds shall be calculated on the basis of the current year's ADM, FTEADM, and I&S less the first two percent (2%) by which it exceeds the prior year's ADM, FTEADM, and I&S. The increased amount so calculated shall be distributed to the extent funds are appropriated for that specific purpose. If the funds appropriated for that purpose are insufficient to provide for the LEA's increased allocations, the commissioner shall apply a pro rata reduction to the increased amount each LEA is otherwise eligible to receive. If the funds appropriated for that purpose exceed the amount required to fund growth in excess of two percent (2%), then that percentage may be lowered to a percentage that may ensure that all funds appropriated are allocated and disbursed to LEAs. An estimated fifty percent (50%) of the appropriated amount shall be distributed to such an eligible LEA by February 1, with the remainder, subject to any adjustment of numbers by the department of education that may affect the remaining amount, to be distributed by the following June 30. In calculating the allocations under the BEP formula, the commissioner, with the approval of the state board of education and the commissioner of finance and administration, shall establish definitions of ADM, FTEADM, and I&S, which will be used to determine each LEA's BEP funding. It is the legislative intent that the definitions so established approximate as closely as possible full year ADM, FTEADM, and I&S.

Acts 1992, ch. 535, § 3; 1996, ch. 981, §§ 1, 2; 1998, ch. 936, § 1; 1999, ch. 360, § 1; 2004, ch. 574, § 1; 2010, ch. 1135, § 1; 2013, ch. 454, § 1; 2015, ch. 182, § 31; 2019, ch. 345, § 90.

Law Reviews.

School Finance Litigation: An Urban Perspective (Ernest G. Kelly Jr.), 61 Tenn. L. Rev. 471 (1994).

Attorney General Opinions. Cost differential factor, revision, OAG 96-081, 1996 Tenn. AG LEXIS 91 (5/2/96).

Constitutionality of prohibitions against using basic education program appropriations for teacher salary increases, OAG 96-137, 1996 Tenn. AG LEXIS 167 (11/22/96).

Local education agency funding of raises for local school employees, OAG 99-130, 1999 Tenn. AG LEXIS 123 (6/30/99).

If state basic education program (BEP) funds are insufficient, the commissioner of education may reduce each school system's funding by applying a pro rata reduction based on average daily membership; however, the statute does not authorize the commissioner to delay BEP funding, OAG 01-112, 2001 Tenn. AG LEXIS 103 (7/12/01).

Local governing body may not withhold funds that have been appropriated for school district's use, OAG 04-098, 2004 Tenn. AG LEXIS 109 (6/24/04).

Distribution of basic education program funds to charter schools.  OAG 13-34, 2013 Tenn. AG LEXIS 36 (4/24/13).

Changes to the data sources in the Tennessee Advisory Commission on Intergovernmental Relations fiscal-capacity model must be adopted by the State Board of Education and approved by the Commissioners of Education and Finance and Administration. Legislative approval is not required for such changes, nor is approval of the Basic Education Program {BEP) Review Committee. OAG 20-01, 2020 Tenn. AG LEXIS 1 (1/10/2020).

49-3-352. Dedicated education fund.

  1. There is established within the general fund of each LEA a special revenue account to be known as the dedicated education fund.
  2. 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.
  3. 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.
  4. 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.

Acts 1992, ch. 535, § 3; 2003, ch. 355, § 60; 2004, ch. 837, § 1; 2005, ch. 223, § 1; 2013, ch. 214, § 5; 2014, ch. 980, § 1.

Compiler's Notes. Acts 2003, ch. 355, § 66 provided that no expenditure of public funds pursuant to the act shall be made in violation of the provisions of Title VI of the Civil Rights Act of 1964, as codified in 42 U.S.C. § 2000d.

For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Attorney General Opinions. School board not required to maintain five percent of its annual operating budget in a particular fund balance, OAG 04-098, 2004 Tenn. AG LEXIS 109 (6/24/04).

Use of accumulated school fund balances, OAG 04-098, 2004 Tenn. AG LEXIS 109 (6/24/04).

Dedicated education fund.  OAG 11-73, 2011 Tenn. AG LEXIS 75 (10/13/11).

The dedicated education fund balance in excess of 3% of the annual LEA budget can be used for any educational purpose with the consent of the LEA, including recurring or nonrecurring education expenses. T.C.A. § 49-3-314(c)(3) does not affect the ability of an LEA to use the fund balance for recurring expenses.  OAG 13-69, 2013 Tenn. AG LEXIS 66 (8/23/13).

NOTES TO DECISIONS

1. TVA Payments.

Under T.C.A. § 49-3-315, county was not required to allocate TVA payment in lieu of taxes funds to special school district because those funds were not received from the state, county, or other political subdivision, but rather were received from the federal government; furthermore, the decision to stop allocating funds in such a manner did not violate T.C.A. § 49-3-352 or T.C.A. § 49-3-354. Crider v. County of Henry, 295 S.W.3d 269, 2008 Tenn. App. LEXIS 768 (Tenn. Ct. App. Dec. 30, 2008).

2. Apportionment.

T.C.A. § 49-3-352 is not contrary to the apportionment statute, T.C.A. § 49-3-315; it simply addresses the manner in which a local education agency should manage its educational funds. Crider v. County of Henry, 295 S.W.3d 269, 2008 Tenn. App. LEXIS 768 (Tenn. Ct. App. Dec. 30, 2008).

49-3-353. Conditions for receiving BEP funds.

  1. In order for any local public school system to receive Tennessee BEP 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 Tennessee BEP funds that the system is otherwise eligible to receive.
  2. 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.

Acts 1992, ch. 535, § 3.

Attorney General Opinions. Responsibility to withhold funds from non-complying local education agencies, OAG 98-157, 1998 Tenn. AG LEXIS 157 (8/17/98).

49-3-354. Distribution of BEP funds.

  1. Tennessee BEP funds shall be distributed by the commissioner periodically throughout the school year according to a schedule established by the commissioners of education and finance and administration, subject to all restrictions prescribed by law.
  2. BEP funds that are earned in classroom components, which include pupil contact and classroom support as defined by the state board, must be spent in the classroom.
  3. Tennessee foundation program appropriations to LEAs for the 1990-1991 school year shall be a base, and no LEA shall receive in subsequent years from the BEP a lesser amount of funds, adjusted for changes in student enrollment, than it received in the 1990-1991 school year under the Tennessee foundation program.
  4. Before a full and complete settlement is made with any system for any year, all records and reports required by the commissioner shall be filed with the commissioner by the system.
  5. If state funds available for distribution are insufficient to meet the local public school systems' entitlements, the commissioner shall apply a pro rata reduction to the amount for which each system is eligible. The pro rata reduction shall be applied to the state increased amount needed to fully fund the BEP compared to the base year.
  6. In any year in which state funds available for distribution must be prorated under subsection (e), the BEP formula shall be calculated for each LEA on the basis of prior year ADM or FTEADM or identified and served special education students (I&S) with the following exception: if the LEA's current year ADM, FTEADM, and I&S, taken as a whole, exceeds by more than two percent (2%) the prior year ADM, FTEADM, and I&S, taken as a whole, then that LEA's allocation of state funds shall be calculated on the basis of the current year ADM, FTEADM, and I&S less the first two percent (2%) by which it exceeds the prior year ADM, FTEADM, and I&S. The increased amount so calculated shall be distributed to the extent funds are appropriated for that specific purpose. If the funds appropriated for that purpose are insufficient to provide for the LEA's increased allocations, the commissioner shall apply a pro rata reduction to the increased amount each LEA is otherwise eligible to receive.
  7. If such action is necessary, the commissioner, with the approval of the state board, may waive any requirements prescribed by law, rule, regulation or otherwise until the state provides the required funding.
  8. Funds shall be distributed pursuant to the BEP.

Acts 1992, ch. 535, § 3; 1993, ch. 481, §§ 1-3, 5; 1995, ch. 361, § 1; 2004, ch. 670, § 5; 2007, ch. 369, § 1.

Compiler's Notes. Acts 1995, ch. 361, § 2 provided that the increased amount of funds calculated pursuant to the provision of section 1 of that act, if available, shall be distributed in accordance with the provisions of that act beginning with the 1995-1996 fiscal year, and thereafter such funds shall also be distributed in accordance with these provisions.

Acts 2004, ch. 670, § 9 provided that in reviewing the BEP for fiscal year 2005-2006, the BEP review committee is requested to give special consideration to costs of enhanced services to address the needs of at-risk children, the cost of educating English language learners, including teachers, translators and related professions, and the development and implementation of a system-level fiscal capacity model.

Attorney General Opinions. Responsibility to withhold funds from non-complying local education agencies, OAG 98-157, 1998 Tenn. AG LEXIS 157 (8/17/98).

The limitations on the use of county school bond proceeds apply to the non-issuing city school system within the county and, therefore, a city school system cannot donate its pro-rata share of county school bond proceeds to renovate or build a public library, OAG 01-103, 2001 Tenn. AG LEXIS 94 (6/26/01).

County Budgeting Law of 1957 and funding of schools.  OAG 11-68, 2011 Tenn. AG LEXIS 70 (9/15/11).

NOTES TO DECISIONS

1. TVA Payments.

Under T.C.A. § 49-3-315, county was not required to allocate TVA payment in lieu of taxes funds to special school district because those funds were not received from the state, county, or other political subdivision, but rather were received from the federal government; furthermore, the decision to stop allocating funds in such a manner did not violate T.C.A. § 49-3-352 or T.C.A. § 49-3-354. Crider v. County of Henry, 295 S.W.3d 269, 2008 Tenn. App. LEXIS 768 (Tenn. Ct. App. Dec. 30, 2008).

49-3-355. Pupil transportation services — Funding through BEP.

  1. Pupil transportation services shall be as defined by the commissioner and approved by the state board. State funds for pupil transportation shall be appropriated as determined by the formula established by the commissioner and distributed through the Tennessee BEP.
  2. The formula should encourage the most efficient usage of transportation services by local boards.
  3. Wherever possible, the aggregate purchasing power of LEAs should be consolidated, and transportation equipment and supplies purchased through statewide contracts issued by the department of general services.

Acts 1992, ch. 535, § 3.

Cross-References. Student transportation services, § 49-3-309.

49-3-356. State and local contributions to BEPs funds — Equalization — Determination of fiscal capacity.

  1. The state shall provide seventy-five percent (75%) of the funds generated by the Tennessee BEP formula in the classroom components and fifty percent (50%) in the nonclassroom components as defined by the state board. Every local government shall appropriate funds sufficient to fund the local share of the BEP. No LEA shall commence the fall term until its share of the BEP has been included in the budget approved by the local legislative body. From the local portion of such revenues, there shall be a distribution of funds for equalization purposes pursuant to a formula adopted by the state board, as approved by the commissioners of education and finance and administration. It is the intent of the general assembly to provide funding on a fair and equitable basis by recognizing the differences in the ability of local jurisdictions to raise local revenues.
  2. The fiscal capacity of each LEA for purposes of allocating BEP funding during a school year shall be determined by May 1 preceding the school year. Once the fiscal capacity of an LEA is determined for a school year, neither the department nor the Tennessee advisory commission on intergovernmental relations shall change or revise the fiscal capacity of the LEA for that school year.

Acts 1992, ch. 535, § 3; 2004, ch. 670, § 1; 2007, ch. 369, § 2; 2015, ch. 255, § 1.

Compiler's Notes. Acts 2004, ch. 670, § 9 provided that in reviewing the BEP for fiscal year 2005-2006, the BEP review committee is requested to give special consideration to costs of enhanced services to address the needs of at-risk children, the cost of educating English language learners, including teachers, translators and related professions, and the development and implementation of a system-level fiscal capacity model.

Law Reviews.

Symposium – Memphis in the Law: A Memphis Dilemma: A Half-Century of Public Education Reform in Memphis and Shelby County From Desegregation to Consolidation (Daniel Kiel), 41 U. Mem. L. Rev. 787 (2011).

Attorney General Opinions. Local education agency funding of raises for local school employees, OAG 99-130, 1999 Tenn. AG LEXIS 123 (6/30/99).

Because the City of Memphis is legally obliged to provide funding for K-12 education, it cannot reduce or eliminate its current level of school funding, OAG 05-021, 2005 Tenn. AG LEXIS 21 (3/10/05).

Changes made to the formula adopted by the state board of education for equalization purposes, pursuant to T.C.A. § 49-3-356, must be submitted to the House and Senate education committees for review and recommendation and approval by resolution of those bodies, OAG 05-186, 2005 Tenn. AG LEXIS 188 (12/22/05).

County Budgeting Law of 1957 and funding of schools.  OAG 11-68, 2011 Tenn. AG LEXIS 70 (9/15/11).

Changes to the data sources in the Tennessee Advisory Commission on Intergovernmental Relations fiscal-capacity model must be adopted by the State Board of Education and approved by the Commissioners of Education and Finance and Administration. Legislative approval is not required for such changes, nor is approval of the Basic Education Program {BEP) Review Committee. OAG 20-01, 2020 Tenn. AG LEXIS 1 (1/10/2020).

NOTES TO DECISIONS

1. Miscellaneous.

In a case in which the City of Memphis, Tennessee (city) and the city council appealed a writ of mandamus issued by a chancery court pursuant to Tenn. R. Civ. P. 54.02 and the issue on appeal was whether the statutorily mandated school funding provisions contained in T.C.A. §§ 49-3-314(c) and 49-2-203(a)(10)(A)(ii), the anti-supplanting statutes, and the maintenance of effort (MOE) provisions, were applicable to the city, as a local government, the city could not effectively amend existing law and legislate the Memphis City Schools (MCS) out of existence as a special school district by reducing funding. Both Shelby County and the city were required to fund the MCS in conformance with the basic education program, the anti-supplanting statutes, and the MOE provisions. State Ex Rel. Bd. of Educ. v. City of Memphis, 329 S.W.3d 465, 2010 Tenn. App. LEXIS 13 (Tenn. Ct. App. Jan. 13, 2010), rehearing denied, State ex rel. Bd. of Educ. v. City of Memphis, 329 S.W.3d 465, 2010 Tenn. App. LEXIS 820 (Tenn. Ct. App. 2010), appeal denied, State ex rel. Bd. of Educ. of the Memphis City Schs v. City of Memphis, — S.W.3d —, 2010 Tenn. LEXIS 788 (Tenn. Aug. 24, 2010).

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, §§ 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.

Acts 1992, ch. 535, § 3.

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

  1. There is established within the education trust fund of 1992, created by this part, a special revenue account to be known as the basic education program (BEP) account.
  2. All appropriations from the education trust fund of 1992, and such other appropriations as may be provided by law, will be credited to the BEP 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.
  3. The principal and interest of the BEP account, and any part of the BEP account, will be subject to payment under this chapter. The commissioner shall administer the BEP account and is authorized to make disbursements from the account in accordance with § 9-4-601.
  4. Money in the BEP 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.
  5. Any unencumbered funds or any unexpended balance of the BEP 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.
  6. 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.

Acts 1992, ch. 535, § 3.

49-3-359. BEP funding for teacher's supplies, duty-free lunch periods, and school nurses.

  1. There is included in the BEP an amount of money sufficient to pay two hundred dollars ($200) for every teacher in kindergarten through grade twelve (K-12). 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.
  2. Each LEA shall be entitled to receive funding of no less than two dollars ($2.00) per ADM in kindergarten through grade twelve (K-12) to be used for the purpose of providing a duty-free lunch period for each teacher.
    1. There is included in the Tennessee BEP an amount of money sufficient to fund one (1) full-time public school nurse position for each three thousand (3,000) students or one (1) full-time position for each LEA, whichever is greater. An LEA may use the funds to directly employ a public school nurse or to contract with the Tennessee public school nurse program, created by § 68-1-1201(a), for provision of school health services; provided, that after the BEP is fully funded, an LEA must use the funds to directly employ or contract for a public school nurse as provided for in this subsection (c) or must advise the department of education that the LEA has affirmatively determined not to do so, in which case the LEA shall notify the department of the election against providing the service and the alternative arrangement that the LEA has made to meet the health needs of its students.
    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.
  3. 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.

Acts 1992, ch. 535, § 3; 1996, ch. 894, § 1; 2004, ch. 886, § 1; 2014, ch. 704, §§ 1, 2; 2015, ch. 182, § 32; 2017, ch. 389, § 1; 2019, ch. 248, § 32.

Compiler's Notes. Acts 2019, ch. 345, § 91 purported to amend subsection (a) of this section, effective May 10, 2019; however, Acts 2019, ch. 248, § 32 had previously rewritten subsection (a), effective May 2, 2019. Acts 2019, ch. 345, § 91 was not given effect.

Attorney General Opinions. Authority to set standards for public school nurses, OAG 98-073, 1998 Tenn. AG LEXIS 73 (3/31/98).

School nurse employment requirements, OAG 98-120, 1998 Tenn. AG LEXIS 120 (7/9/98).

Failure of local education agency to satisfy subsection (c) options, OAG 98-157, 1998 Tenn. AG LEXIS 157 (8/17/98).

Responsibility to withhold funds from non-complying local education agencies, OAG 98-157, 1998 Tenn. AG LEXIS 157 (8/17/98).

49-3-360. Incentive grants.

There shall be an amount of money above and beyond the Tennessee BEP to be used as incentive funding to reward those schools that exceed the performance standards recommended by the commissioner and set by the state board. The amount of the individual incentive grant for each school shall be set by the commissioner. The grants shall be contingent on the commissioner's development of an appropriate data management system but shall not be available before the 1994-1995 school year.

Acts 1992, ch. 535, § 3.

49-3-361. [Repealed.]

Acts 1992, ch. 535, § 3; repealed by Acts 2019, ch. 248, § 33, effective May 2, 2019.

Compiler's Notes. Former § 49-3-361 concerned  implementation of at-risk class size program.

49-3-362. Division of BEP funds allocated for county director of schools.

Any funds allocated under the BEP for compensation of a director of schools in a county shall be divided among all LEAs in that county on the basis of ADM.

Acts 1992, ch. 535, § 3.

49-3-363. Children for whose education the state is directly responsible.

Whenever the education of a child becomes the state's direct responsibility for any reason, the commissioner shall pay to the state agency responsible for the child, or as may be otherwise directed in the general appropriations act, an amount equal to the state funds, plus the local funds that would otherwise be expended on the child had the child not been placed under state care. The total amount of the payments shall be deducted by the commissioner from the total state payments that would otherwise be made under this part to the LEA that would be responsible for the child's education had the child not been placed under the state's direct responsibility.

Acts 1992, ch. 535, § 43; 2006, ch. 675, § 1.

49-3-364. Employing building manager.

Notwithstanding any other law to the contrary, nothing shall be construed to prevent an LEA from expending BEP funds earned for nonclassroom components for the purpose of employing a building manager for a school.

Acts 2012, ch. 830, § 1.

Code Commission Notes.

Former § 49-3-364, concerning a study on counties' cost of living, was deleted as obsolete by the code commission in 2009.

49-3-365. Break-the-mold schools.

  1. In addition to BEP funds otherwise available under this chapter, there is authorized an additional fund for the purpose of establishing break-the-mold schools, contingent upon federal implementation of such schools. The additional fund shall be subject to annual appropriation and may be supplemented or provided exclusively by federal funds appropriated for this purpose.
  2. Break-the-mold schools shall be public schools established in conformance with any federal program guidelines so as to be eligible to participate in the federal program. In addition, they shall achieve geographical, socioeconomic and urban-rural diversity. Any such school, with local board approval, shall be entitled to all financial and support services available to other schools under the jurisdiction of the local board, including, but not limited to, teacher salary supplements, textbooks, pupil transportation, maintenance and operation; however, the break-the-mold school shall not be subject to the rules and regulations or policies of either the state board or the local board.
  3. Each break-the-mold school shall be approved by the commissioner according to a plan submitted on behalf of the school. This plan shall specify the management and governance of the school, its location, program descriptions, outcome objectives and reporting, admission policies, financial audits, assumption of liability and insurance coverage. The school may be discontinued by the commissioner for failure to meet its approved plan, including pupil performance standards, or for failure to meet generally accepted standards of fiscal management or for violation of law.
  4. The local board shall assist, where it is able, in providing space and facilities either within existing schools or in surplus space or buildings.

Acts 1992, ch. 535, § 87.

Attorney General Opinions. The commissioner of the department of education has no authority to grant “break-the-mold” status to a school in the absence of “federal implementation of such schools” and “federal program guidelines,” OAG 02-056, 2002 Tenn. AG LEXIS 57 (4/30/02).

49-3-366. [Reserved.]

It is the intent of the general assembly that adequately-funded access to internet services be maintained for the public school systems in the state to enhance instructional capabilities and e-learning opportunities. It is further the intent of the general assembly that the funding for internet services authorized by this part be maintained and adequately funded for the purpose of data transmission among sites located within LEAs, between LEAs and the state, and between LEAs and educational sites on the internet. It is further the intent of the general assembly that LEAs shall have the choice to select any internet service provider that meets the needs of the LEA as defined by each agency's local procurement processes, in compliance with all requirements of federal and state laws, rules, and regulations governing the processes.

Acts 2008, ch. 938, § 1.

49-3-368. Funds for internet funding or connectivity — Administration — Eligibility — Rules and regulations.

  1. Beginning with the 2008-2009 fiscal year, all funds appropriated for internet funding or internet connectivity funding shall be administered by the department of education and shall be distributed to LEAs pursuant to an equitable formula adopted by the department that recognizes the impact of federal E-Rate funding. This formula shall be used to distribute all funds designated for internet services in lieu of the BEP funding formula.
  2. LEAs shall have the authority to expend the funds authorized by this part for services provided by any qualified vendor properly selected in accordance with local procurement regulations.
  3. To be eligible for any funding distributed under this part, technology, internet, internet connectivity, or e-learning services shall be purchased pursuant to a competitive process prescribed by a request for proposal (RFP).
  4. The state board of education 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, compiled in title 4, chapter 5.

Acts 2008, ch. 938, § 1; 2011, ch. 410, § 4(k); 2015, ch. 182, § 33; 2015, ch. 312, § 1; 2018, ch. 725, § 29.

Compiler's Notes. For the Preamble to the act concerning the prohibition against establishment of a special committee if there is a standing committee on the same subject, please refer to Acts 2011, ch. 410.

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.

Acts 2011, ch. 347, § 1.

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

  1. A local board of education (LEA) shall allocate funding in an amount equal to the per pupil state and local funds received by the LEA to state licensed residential mental health facilities on a prorated daily basis for the student's length of stay; provided, that all of the following criteria have been met:
    1. The residential mental health facility operates as a Category I special purpose school pursuant to state board of education rules and regulations and provides a minimum of sixteen and one-half (16½) hours per week of educational instructional services to the students admitted pursuant to this part;
    2. The student admitted to the residential mental health facility was enrolled in an LEA in the academic year immediately preceding admission to the mental health facility and is a currently enrolled student in an LEA; and
    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, such 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.
  2. The funding specified in subsection (a) shall be in addition to funds allocated pursuant to federal law and regulation, including, but not limited to, Title I and ESEA funds.
  3. This part shall not be used or construed to circumvent the requirements of Individuals with Disabilities Education Act (20 U.S.C. § 1400 et seq.).
  4. The state board of education shall promulgate rules and regulations 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.

Acts 2011, ch. 426, § 1; 2012, ch. 1099, §§ 1-4.

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.”

Acts 1985, ch. 351, § 1.

Cross-References. Contributions by state employees and teachers, title 8, ch. 50, part 7.

Deposit of unexpended election contributions into fund, § 2-10-114.

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.

Acts 1985, ch. 351, § 2.

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

  1. 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.
    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. 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 § 49-3-302, 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. 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. 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. 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. 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. 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. Income in excess of the funding for a subaccount must be maintained in a special reserve at the subaccount level.
    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.
  2. 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.
  3. 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.

Acts 1985, ch. 351, § 3; 2018, ch. 654, §§ 1, 2; 2019, ch. 379, §§ 2-6.

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. Develop a written plan to implement this part;
  2. Develop investment policies for the investment of the money in the fund;
  3. Expend income from the fund in accordance with this part;
  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 basic education program, 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. 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. Raise funds and solicit contributions to the fund on behalf of the fund;
  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. 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. Enter into donor agreements with public or private individuals or entities contributing to the fund.

Acts 1985, ch. 351, § 4; 1988, ch. 624, § 1; 2011, ch. 410, § 4(l ); 2015, ch. 182, §§ 34, 35; 2018, ch. 654, §§ 3-7; 2019, ch. 379, § 7.

Compiler's Notes. For the Preamble to the act concerning the prohibition against establishment of a special committee if there is a standing committee on the same subject, please refer to Acts 2011, ch. 410.

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.

Acts 1985, ch. 351, § 5; 2018, ch. 654, § 8; 2019, ch. 379, § 8.

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.

Acts 1985, ch. 351, § 6; 2018, ch. 654, § 9; 2019, ch. 379, § 1.

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.

Acts 1985, ch. 351, § 7.

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

  1. 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).
  2. 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.

Acts 1988, ch. 624, § 2; 2018, ch. 654, § 10; 2019, ch. 379, § 9.

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.

Acts 1947, ch. 102, § 4; C. Supp. 1950, § 2569; T.C.A. (orig. ed.), § 49-720.

Textbooks. Tennessee Jurisprudence, 22 Tenn. Juris., Schools, § 29.

49-3-1002. Issuance and sale.

    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. 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.
    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. “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).
  1. 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.
  2. 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.
  3. 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.
  4. 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.
    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. The county legislative bodies are authorized to pay out of the bond proceeds the necessary expenses in the issuance and sale of the bonds.
  5. 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.
  6. 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.
  7. 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. The conditions under which the agreements or contracts can be entered into;
    2. The methods by which the contracts are to be solicited and procured;
    3. The form and content the contracts shall take;
    4. The aspects of risk exposure associated with the contracts;
    5. The standards and procedures for counterparty selection, including rating criteria;
    6. The procurement of credit enhancement, liquidity facilities or the setting aside of reserves in connection with the contracts or agreements;
    7. The methods of securing the financial interest in the contracts;
    8. The methods to be used to reflect the contracts in the county's financial statements;
    9. Financial monitoring and periodic assessment of the contracts by the county;
    10. The application and source of nonperiodic payments; and
      1. Educational requirements for officials of any county responsible for approving any such contract or agreement;
      2. 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.
  8. 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.

Acts 1911, ch. 60, §§ 1-5, 11, 13; Shan., §§ 1442a5-1442a9, 1442a15, 1442a17; Acts 1920 (E.S.), ch. 7, § 1; mod. Code 1932, §§ 2557-2561, 2567, 2569; Acts 1947, ch. 102, § 3; 1949, ch. 240, § 1; C. Supp. 1950, §§ 2567, 2569; Acts 1953, ch. 149, §§ 1, 2 (Williams, § 2567.1); modified; Acts 1957, ch. 92, § 1; 1957, ch. 309, § 1; 1963, ch. 165, § 1; 1969, ch. 194, §§ 1, 2; 1969, ch. 283, § 5; 1970, ch. 428, §§ 5, 6; 1978, ch. 893, § 1; 1982, ch. 783, § 6; T.C.A. (orig. ed.), §§ 49-701 — 49-709; Acts 1985, ch. 12, § 7; 1988, ch. 750, §§ 50, 51; 2001, ch. 253, §§ 18, 19; 2003, ch. 90, §  2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Textbooks. Tennessee Jurisprudence, 19 Tenn. Juris., Municipal, State and County Securities, § 10.

NOTES TO DECISIONS

1. Statutory Authority to Issue Bonds.

The authority of counties to issue bonds for any purpose, within constitutional limitations, must be conferred by statutes either general or special, since counties cannot, in the exercise of their organized political or governmental powers, issue bonds for any purpose. McCord v. Marshall County, 152 Tenn. 675, 280 S.W. 692, 1925 Tenn. LEXIS 112 (1926).

2. “Schools.”

The term “schools” as used in this part is generic and embraces all schools maintained in the counties under the public school laws, and would include high schools as well as primary or elementary, and secondary schools, all of which were authorized by law when these sections were adopted. McCord v. Marshall County, 152 Tenn. 675, 280 S.W. 692, 1925 Tenn. LEXIS 112 (1926).

3. Nature of Authorization.

The authorization of the issuance of bonds for a school building under the provisions of this part was not an “appropriation” so as to allow such authorization to be attacked for failure to comply with statutes referring to applications for appropriations to the county legislative body. State v. Safley, 172 Tenn. 385, 112 S.W.2d 831, 1937 Tenn. LEXIS 86 (1938).

4. Nature of Fund.

The money arising from the sale of school bonds and lodged with the county trustee as a “special school fund” to erect, repair and equip schoolhouses becomes no part of the county budget. Bandy v. State, 186 Tenn. 11, 207 S.W.2d 1011, 1948 Tenn. LEXIS 600 (1948).

5. Authority of County Legislative Body.

There is no statute authorizing the county legislative body to select sites upon which to erect school buildings, erect and equip the same, or to superintend the expenditure of funds derived solely from the issuance of bonds under this part. Bandy v. State, 186 Tenn. 11, 207 S.W.2d 1011, 1948 Tenn. LEXIS 600 (1948); Baker v. Milam, 186 Tenn. 20, 207 S.W.2d 1014, 1948 Tenn. LEXIS 511 (1948).

Where county legislative body pursuant to resolution authorized issuance and sale of school bonds for construction of an additional high school and lodged proceeds of bonds with trustee its authority ended except to audit accounts of school board. Bandy v. State, 186 Tenn. 11, 207 S.W.2d 1011, 1948 Tenn. LEXIS 600 (1948); Baker v. Milam, 186 Tenn. 20, 207 S.W.2d 1014, 1948 Tenn. LEXIS 511 (1948).

Resolutions by which the county legislative body undertook to allocate the funds between schools and appoint a committee to supervise the expenditure of money raised under this part had no legal or binding effect. Baker v. Milam, 186 Tenn. 20, 207 S.W.2d 1014, 1948 Tenn. LEXIS 511 (1948).

County legislative body could issue bonds for express purpose of building and maintaining high school to the exclusion of the use of any of the proceeds for building and maintenance of elementary schools. Guffee v. Crockett, 204 Tenn. 121, 315 S.W.2d 646, 1958 Tenn. LEXIS 251 (1958).

6. Time Warrants in Lieu of Bonds.

The issuance of time warrants in lieu of bonds is not approved as the provisions of this part should be strictly followed. Storie v. Norman, 174 Tenn. 647, 130 S.W.2d 101, 1938 Tenn. LEXIS 134 (1939).

Where the county legislative body could correct its issuance of time warrants instead of bonds for schoolhouses, taxpayer was not entitled to recover tax paid under a special levy to pay off the warrants. Storie v. Norman, 174 Tenn. 647, 130 S.W.2d 101, 1938 Tenn. LEXIS 134 (1939).

7. Enjoining Issuance of Bonds.

Taxpayers could not enjoin the issuance of bonds for school building under resolution of the county legislative body in accordance with the provisions of this part since the judgment and discretion of the complainants or of the chancery court could not be substituted for that of the county legislative body. State v. Safley, 172 Tenn. 385, 112 S.W.2d 831, 1937 Tenn. LEXIS 86 (1938).

Taxpayers could not enjoin county executive (now county mayor) from issuing school bonds where county legislative body had by proper resolution authorized the issuance and sale of the bonds. Baker v. Milam, 186 Tenn. 20, 207 S.W.2d 1014, 1948 Tenn. LEXIS 511 (1948).

Inasmuch as the county legislative body had authority to issue public school bonds without a referendum, an action brought by property owners and taxpayers to block a public school bond issue on the grounds of the referendum issue was properly dismissed for lack of standing and for failure of the complaint to state a claim for which relief could be granted. Stewart v. Wakefield, 536 S.W.2d 327, 1976 Tenn. LEXIS 623 (Tenn. 1976).

Since specific statutory authority to issue school bonds by the county legislative body prevails over the general duty to submit the proposition to issue bonds to county voters, the bond issue as authorized by the county legislative body was valid despite the absence of a county vote. Mitchell v. Crawford, 543 S.W.2d 601, 1976 Tenn. App. LEXIS 219 (Tenn. Ct. App. 1976).

8. Court Review.

Selection of school site and architect was a discretionary matter which would not be reviewed by chancery court. State v. Brown, 159 Tenn. 591, 21 S.W.2d 721, 1929 Tenn. LEXIS 16 (1929).

9. Validity of Private Acts.

Private Acts 1945, ch. 210, providing for issuance of school bonds by county legislative body upon majority vote of county legislative body was not invalid on the ground that it violated statute requiring an election by the people before issuance of bonds since bonds were issued for erection and maintenance of school buildings, which under this part did not require the assent of the voters. Southern v. Beeler, 183 Tenn. 272, 195 S.W.2d 857, 1946 Tenn. LEXIS 267 (1946).

Private act authorizing commissioners to issue and sell bonds for construction and repair of school buildings was not invalid in that it operated to suspend statute requiring assent of voters for issuance of county bonds, as statute did not apply to school bonds which are specifically authorized without assent of voters under this part. Crewse v. Beeler, 186 Tenn. 475, 212 S.W.2d 39, 1948 Tenn. LEXIS 568 (1948).

Where provisions of private act provided for issuance of $520,000 of county bonds with 96 percent of proceeds to be used for school purposes and the remaining four percent to be used for construction of courthouse without providing for approval by voters the unconstitutional part relative to use for construction of courthouse could be elided since central purpose of act was to issue bonds for school purposes which was valid under this part. Crewse v. Beeler, 186 Tenn. 475, 212 S.W.2d 39, 1948 Tenn. LEXIS 568 (1948).

10. Construction with Other Statutes.

The limitation prescribed in this section has no application to bonds issued under T.C.A. § 49-2-101. McCauley v. Hampton, 196 F. Supp. 123, 1961 U.S. Dist. LEXIS 5395 (E.D. Tenn. 1961).

11. Purpose for Which Bond Issued.

Bonds issued for a school garage and maintenance shop were required to be issued separately from bonds issued for purpose of making additions to high school. Board of Education v. McMinn County, 212 Tenn. 275, 369 S.W.2d 565, 1963 Tenn. LEXIS 422 (1963).

12. Bond Limit of Private Act.

Private Acts 1947, ch. 328, which validated action of county legislative body in issuing bonds for construction of school building in excess of limit provided in this section did not violate Tenn. Const., art. XI, § 8 where old building was a fire hazard and there was a valid reason for discrimination. Baker v. Milam, 191 Tenn. 54, 231 S.W.2d 381, 1950 Tenn. LEXIS 545 (1950).

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

    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. 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.
    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. 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.
    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. 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.

Acts 1911, ch. 60, §§ 6, 7; Shan., §§ 1442a10, 1442a11; Code 1932, §§ 2562; 2563; C. Supp. 1950, § 2563; Acts 1951, ch. 191, § 1; 1953, ch. 48, § 1; 1953, ch. 269, § 1 (Williams, § 2563); Acts 1955, ch. 290, § 1; 1961, ch. 269, § 1; 1973, ch. 3; T.C.A. (orig. ed.), §§ 49-710 — 49-712.

Cross-References. Provisions of subsection (b) inapplicable, § 49-3-1004.

Textbooks. Tennessee Jurisprudence, 22 Tenn. Juris., Schools, § 28.

Law Reviews.

Local Government Law — 1961 Tennessee Survey (Eugene Puett), 14 Vand. L. Rev. 1335.

Attorney General Opinions. Special school district — waiver of pro rata distribution of bond proceeds, OAG 00-004, 2000 Tenn. AG LEXIS 1 (1/6/00).

The statutory proration requirement in T.C.A. § 49-3-1003 does not apply to a voluntary contribution by a municipality to assist in defraying the cost of constructing a public school which will serve county school students, including students residing in that municipality, OAG 03-008, 2003 Tenn. AG LEXIS 8 (1/23/03).

Cities, special school districts and counties may not change the statutory average daily attendance (ADA) measure; however, they may waive their rights to their portion, in whole or in part, of school bond proceeds, and, thus, distribution may not always follow the ADA ratio. OAG 05-134, 2005 Tenn. AG LEXIS 136 (8/26/05).

NOTES TO DECISIONS

1. Application.

This section does not authorize a division of school funds between city and county schools but is limited solely to division of money from sale of bonds for erection of schoolhouses. Southern v. Beeler, 183 Tenn. 272, 195 S.W.2d 857, 1946 Tenn. LEXIS 267 (1946).

Generally, city school systems are entitled to share in the proceeds of bonds issued by counties for overall school purposes. However, a city or special school district which operates no high schools is not entitled to the pro rata distribution of the proceeds of bonds issued by a county for high school purposes. Newport v. Cocke County, 703 S.W.2d 626, 1985 Tenn. App. LEXIS 3267 (Tenn. Ct. App. 1985).

2. Private Act Not Providing for Apportionment.

Private Acts 1945, ch. 210, providing for issuance of school bonds by county legislative body for erection and maintenance of school buildings which did not provide for apportionment of funds between county and city maintaining its own schools was contrary to Tenn. Const. art. XI, § 8. Southern v. Beeler, 183 Tenn. 272, 195 S.W.2d 857, 1946 Tenn. LEXIS 267 (1946).

3. Waiver.

In agreement executed in 1951 city could not divest taxpayers of right to receive benefit of funds under this section by entering into agreement with county which amounted to exchanging such benefits for the right to participate in uncertain and undetermined tax levies which the county might or might not levy. Carter County v. Elizabethton, 39 Tenn. App. 685, 287 S.W.2d 934, 1955 Tenn. App. LEXIS 96 (Tenn. Ct. App. 1955) (decision on section as it existed prior to 1953 amendment).

Waiver would not operate as to unconstitutional statute. Board of Education v. Shelby County, 207 Tenn. 330, 339 S.W.2d 569, 1960 Tenn. LEXIS 463 (1960).

4. Allocation of Funds.

Proceeds from bonds issued by county for purpose of improving both county and city schools were to be allocated as between the county and the city on the basis of the average daily attendance in grades one through 12 and elementary and high school attendance were not to be considered separately. Elizabethton v. Boone, 205 Tenn. 617, 329 S.W.2d 832, 1959 Tenn. LEXIS 401 (1959).

The purpose of school bonds may be expressed by means other than the bond resolution and it was not the legislative intent that such resolution alone be looked to in determining whether or not such bonds are to be prorated. Board of Education v. McMinn County, 212 Tenn. 275, 369 S.W.2d 565, 1963 Tenn. LEXIS 422 (1963).

Where city operated separate elementary system but did not operate separate high school system or transportation system, city was not entitled to share in the proceeds from sale of school bonds issued for addition to high school within the city and for the school bus garage and maintenance shop. Board of Education v. McMinn County, 212 Tenn. 275, 369 S.W.2d 565, 1963 Tenn. LEXIS 422 (1963).

5. Retroactivity.

This section was effective only after its passage and was not retroactive. State ex rel. Barksdale v. Wilson, 194 Tenn. 140, 250 S.W.2d 49, 1952 Tenn. LEXIS 360 (1952).

6. Bonds Issued Prior to Passage of Section.

Special school district not located entirely within municipality was not entitled to participate in proceeds from general school bonds issued in 1948 and 1949. State ex rel. Barksdale v. Wilson, 194 Tenn. 140, 250 S.W.2d 49, 1952 Tenn. LEXIS 360 (1952).

7. Bonds Not for Type of School Operated by Special District.

Where bonds were issued by county legislative body for express purpose of building and maintaining high school, special school district in county which only operated elementary schools and did not operate or bear any expense of operation of high schools was not entitled to share in proceeds from high school bonds. Guffee v. Crockett, 204 Tenn. 121, 315 S.W.2d 646, 1958 Tenn. LEXIS 251 (1958).

8. Use of Interest.

The interest accrued on the bonds between the date of the bonds and the date of their delivery stands in the same status as interest earned on the bonds after they are received by the trustee, being also interest received by the county on the principal of the bonds. A logical, reasonable and proper use of the interest in both instances would be toward the retirement of the bond indebtedness since the county must, in due course, pay to the holders of the bonds interest on the same funds which made possible the receipt of interest by the county. Humboldt v. Morris, 579 S.W.2d 860, 1978 Tenn. App. LEXIS 340 (Tenn. Ct. App. 1978).

The general assembly intended that the preferred and favored use of all interest income to the county arising from the principal of the bonds, including accrued interest to date of delivery of the bonds as well as interest arising from the investment of the principal of the bonds after receipt thereof, was toward retiring the bond indebtedness; and, further, that the alternate or secondary use of such interest income, namely becoming a part of the proceeds of the sale of the bonds by being added thereto and distributed therewith, was authorized by the general assembly only upon recommendation of the county board of education and concurrence of the county legislative body. Humboldt v. Morris, 579 S.W.2d 860, 1978 Tenn. App. LEXIS 340 (Tenn. Ct. App. 1978).

49-3-1004. Use of funds.

  1. 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).
    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. 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).
  2. 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).

Acts 1911, ch. 60, § 10; Shan., § 1442a14; Code 1932, § 2566; Acts 1959, ch. 254, § 1; 1961, ch. 269, § 2; 1965, ch. 134, § 1; 1975, ch. 223, § 1; 1983, ch. 115, § 5; T.C.A. (orig. ed.), § 49-713.

NOTES TO DECISIONS

1. Right to Draw on Fund.

Only the school board is authorized to draw upon proceeds of school bond issue once the proceeds are deposited with the trustee by the county legislative body. Bandy v. State, 186 Tenn. 11, 207 S.W.2d 1011, 1948 Tenn. LEXIS 600 (1948); Baker v. Milam, 186 Tenn. 20, 207 S.W.2d 1014, 1948 Tenn. LEXIS 511 (1948).

2. Supervision of Fund.

The power of the county legislative body over the proceeds of the sale of county school building bonds ends with the lodging of the proceeds with the trustee of the county and neither the county legislative body nor a committee thereof has the authority to supervise the expenditure of the funds coming into the hands of the trustee. Guffee v. Crockett, 204 Tenn. 121, 315 S.W.2d 646, 1958 Tenn. LEXIS 251 (1958).

3. Issuance of Bonds.

Bonds issued for a school bus garage and maintenance shop were required to be issued separately from bonds issued for purpose of making additions to high school. Board of Education v. McMinn County, 212 Tenn. 275, 369 S.W.2d 565, 1963 Tenn. LEXIS 422 (1963).

49-3-1005. Payment of bonds.

  1. 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.
    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. 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. 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, a portion of the nonclassroom component of the BEP funding generated for capital outlay purposes.
  3. 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.
  4. 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.

Acts 1911, ch. 60, §§ 8, 9, 12; Shan., §§ 1442a12, 1442a13, 1442a16; Code 1932, §§ 2564, 2565, 2568; Acts 1947, ch. 102, §§ 1, 2; C. Supp. 1950, §§ 2563-2565; Acts 1953, ch. 211, §§ 1, 2; T.C.A. (orig. ed.), §§ 49-714 — 49-718; Acts 1997, ch. 228, § 1; 2003, ch. 90, §  2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Textbooks. Tennessee Jurisprudence, 22 Tenn. Juris., Schools, § 30.

Law Reviews.

Constitutional Law — 1961 Tennessee Survey (James C. Kirby, Jr.), 14 Vand. L. Rev. 1171.

Attorney General Opinions. Special school district — waiver of pro rata distribution of bond proceeds, OAG 00-004, 2000 Tenn. AG LEXIS 1 (1/6/00).

Franklin special school district — avoiding county tax for bonds for school purposes, OAG 00-024, 2000 Tenn. AG LEXIS 24 (2/15/00).

NOTES TO DECISIONS

1. Purpose of Exemption.

The exemption from taxation provided by this section was for the purpose of avoiding the inequity of double taxation within the special school district. Guffee v. Crockett, 204 Tenn. 121, 315 S.W.2d 646, 1958 Tenn. LEXIS 251 (1958).

2. Time Warrants Issued in Lieu of Bonds.

Where county legislative body issued time warrants instead of bonds for construction of school houses, taxpayer was not entitled to recover tax paid under special levy to pay off warrants even though the county legislative body should have issued bonds as the county legislative body had authority to issue bonds and could correct the manner of doing what it originally had the right to do. Storie v. Norman, 174 Tenn. 647, 130 S.W.2d 101, 1938 Tenn. LEXIS 134 (1939).

3. Issuance of Bonds.

Bonds issued for a school bus garage and maintenance shop were required to be issued separately from bonds issued for purpose of making additions to high school. Board of Education v. McMinn County, 212 Tenn. 275, 369 S.W.2d 565, 1963 Tenn. LEXIS 422 (1963).

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

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. The full faith and credit of a county issuing bonds under this section shall be pledged to the retirement of the bonds.

Acts 1945, ch. 96, §§ 1, 2; mod. C. Supp. 1950, § 2569.1 (Williams, §§ 2569.4a, 2569.4b); Acts 1978, ch. 893, § 2; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 49-719.

Textbooks. Tennessee Jurisprudence, 22 Tenn. Juris., Schools, § 29.

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, BEP funds, or a combination of sales tax revenues or BEP 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.

Acts 1971, ch. 220, § 1; T.C.A., § 49-721; Acts 1995, ch. 172, § 1.

Attorney General Opinions. Setting tax rates for special school districts.  OAG 11-27, 2011 Tenn. AG LEXIS 29 (3/24/11).

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

  1. 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.
  2. 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.
    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. 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.
  3. This section shall be applicable only in counties of Class 3, subclass B, as established by § 8-24-101.

Acts 1993, ch. 525, § 1.

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.”

Acts 1943, ch. 135, § 1; C. Supp. 1950, § 2316.1 (Williams, § 2316.13); modified; T.C.A. (orig. ed.), § 49-3501.

49-3-1102. Part definitions.

As used in this part, unless the context otherwise requires:

  1. “Board” means both the board of trustees of the University of Tennessee and the state board of education, or either of them;
  2. “Bonds” means any bonds of the board issued pursuant to this part;
  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. “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. “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. “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. “To acquire” includes to purchase, erect, build, construct, reconstruct, repair, replace, extend, better, equip, develop or improve a project.

Acts 1943, ch. 135, § 2; mod. C. Supp. 1950, § 2316.2 (Williams, § 2316.14); impl. am. Acts 1951, ch. 27, § 1; modified; impl. am. Acts 1965, ch. 30, §§ 1, 2; T.C.A. (orig. ed.), § 49-3502.

49-3-1103. Construction with other statutes.

  1. 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.
    1. Insofar as this part is inconsistent with any other law, general or special, this part is controlling.
    2. Subdivision (b)(1) does not apply to the board of trustees of the University of Tennessee.

Acts 1943, ch. 135, § 12; C. Supp. 1950, § 2316.11 (Williams, § 2316.24); T.C.A. (orig. ed.), § 49-3511.

49-3-1104. General powers of board.

The board has the power and is authorized to:

  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. Make contracts and execute all instruments necessary or convenient to effectuate the purposes of this part;
  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. 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. 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. 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.

Acts 1943, ch. 135, § 3; C. Supp. 1950, § 2316.3 (Williams, § 2316.15); Acts 1979, ch. 116, §§ 7, 8; T.C.A. (orig. ed.), § 49-3503.

49-3-1105. Bond issuance and sale.

    1. Bonds issued under this part shall be authorized by resolution of the board.
    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. The bonds may be sold at public or private sale at not less than par.
    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. 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.
    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. 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.

Acts 1943, ch. 135, §§ 4, 8; C. Supp. 1950, §§ 2316.4, 2316.8 (Williams, §§ 2316.16, 2316.20); Acts 1963, ch. 300, § 1; modified; Acts 1980, ch. 601, § 14; T.C.A. (orig. ed.), §§ 49-3504, 49-3508.

Cross-References. Maximum effective rates of interest, § 47-14-103.

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.

Acts 1943, ch. 135, § 9; C. Supp. 1950, § 2316.9 (Williams, § 2316.21); Acts 1979, ch. 116, § 9; T.C.A. (orig. ed.), § 49-3506.

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. Fix and maintain:
    1. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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.

Acts 1943, ch. 135, § 5; C. Supp. 1950, § 2316.5 (Williams, § 2316.17); T.C.A. (orig. ed.), § 49-3505.

49-3-1108. Funds obligated by bonds.

    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. 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.
  1. 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.

Acts 1943, ch. 135, §§ 9, 10; C. Supp. 1950, §§ 2316.9, 2316.10 (Williams, §§ 2316.21, 2316.22); Acts 1979, ch. 116, § 9; T.C.A. (orig. ed.), §§ 49-3506, 49-3507.

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

  1. 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.
  2. The separate bank account or accounts shall be designated with the name of the institution where the project is acquired.
  3. 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.
  4. 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.
  5. 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.

Acts 1943, ch. 135, § 7; C. Supp. 1950, § 2316.7 (Williams, § 2316.19); T.C.A. (orig. ed.), § 49-3509.

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. 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. By action to enjoin any acts or things that may be unlawful or a violation of the rights of the holders of bonds.

Acts 1943, ch. 135, § 6; C. Supp. 1950, § 2316.6 (Williams, § 2316.18); T.C.A. (orig. ed.), § 49-3510.

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.”

Acts 1965, ch. 256, § 1; T.C.A., § 49-3512.

49-3-1202. Part definitions.

As used in this part, unless the context otherwise requires:

  1. “Authority” means the Tennessee state school bond authority created by § 49-3-1204;
  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. “Bonds” and “notes” mean bonds and notes, respectively, issued by the authority pursuant to this part;
  4. “Institution” means:
    1. 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. 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. “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. “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. “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. “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 § 54E of the Internal Revenue Code of 1986 (26 U.S.C. § 54E [repealed]), or qualified school construction bonds, as defined in § 54F of the Internal Revenue Code of 1986 (26 U.S.C. § 54F [repealed]), or both; and
  9. “Tennessee student assistance corporation” or “corporation” means the corporation created by § 49-4-201.

Acts 1965, ch. 256, § 2; 1973, ch. 4, §§ 1, 2; 1980, ch. 711, §§ 2, 3; 1983, ch. 338, § 1; T.C.A., § 49-3513; Acts 1999, ch. 429, § 1; 2000, ch. 696, § 1; 2004, ch. 717, § 1; 2005, ch. 248, § 2; 2009, ch. 601, § 1; 2013, ch. 174, § 1.

Compiler's Notes. 26 U.S.C. § 54E and 26 U.S.C. § 54F, which are referred to in this section, were repealed by Act Dec. 22, 2017, P. L. 115-97, Title I, Subtitle C, Part V, § 13404(a), 131 Stat. 2138, applicable to bonds issued after 12/31/2017, as provided by § 13404(d) of such Act, which appears as 26 USCS § 54 note. 26 U.S.C. § 54E provided for qualified zone academy bonds, and 26 U.S.C. § 54F provided for qualified school construction bonds.

49-3-1203. Construction with other statutes.

  1. 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.
  2. Insofar as this part is inconsistent with any other law, general or special, this part shall be controlling.

Acts 1965, ch. 256, § 12; T.C.A., § 49-3522; Acts 1989, ch. 190, § 10.

49-3-1204. Composition of authority.

    1. There is created the Tennessee state school bond authority.
    2. The authority shall be a corporate governmental agency and instrumentality of this state.
    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. The governor shall serve as chair of the authority and the comptroller of the treasury shall serve as secretary.
    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. 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.
    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. Upon termination of the existence of the authority, all its rights and properties shall pass to and be vested in the state.
    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. The authority may delegate to one (1) or more of its members or its officers such powers and duties as it may deem proper.
    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. The minutes and all other records of the authority shall be kept in the office of the comptroller of the treasury.
  1. 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.

Acts 1965, ch. 256, § 3; 1973, ch. 4, § 3; 1976, ch. 806, § 1(72); T.C.A., § 49-3514; Acts 1999, ch. 429, § 9.

Compiler's Notes. The school bond authority, created by this section, terminates June 30, 2022. See §§ 4-29-112, 4-29-243.

49-3-1205. Powers and duties generally.

Except as otherwise limited by this part, the authority has the power to:

  1. Sue and be sued;
  2. Have a seal and alter the seal at pleasure;
  3. Make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this part;
  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. 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. 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. 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. 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. 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. Engage the services of attorneys and consultants on a fee or contract basis for the rendering of professional and technical assistance and advice;
  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. 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. Do any and all things necessary or convenient to carry out its purposes and exercise the powers expressly given and granted in this part.

Acts 1965, ch. 256, § 4; 1979, ch. 116, § 10; 1980, ch. 711, §§ 1, 4, 5; 1983, ch. 338, § 2; T.C.A., § 49-3515; Acts 1999, ch. 429, §§ 2-4, 10; 2009, ch. 601, § 2.

49-3-1206. Project financing agreements.

    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. 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.
  1. 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. 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. 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;
    3. Set aside reserves and agree to the maintenance, regulation and disposition of the reserves;
    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. 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. 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. 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.
  2. 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. Fix and maintain:
      1. 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. 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. 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. Covenant with the authority as to the fixing, maintaining and collecting of the fees, rentals and other charges.
    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 § 54E of the Internal Revenue Code of 1986 (26 U.S.C. § 54E [repealed]), or qualified school construction bonds, as defined in § 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. 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. 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.
    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. 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. The local government is authorized to:
      1. Set aside reserves and agree to the maintenance, regulation and disposition of the reserves;
      2. 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. 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. 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. 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.

Acts 1965, ch. 256, §§ 5, 6; 1980, ch. 711, §§ 6-11; 1983, ch. 338, § 3; T.C.A., §§ 49-3516, 49-3517; Acts 1999, ch. 429, § 5; 2000, ch. 696, § 2; 2009, ch. 601, §§ 3-5.

Compiler's Notes. 26 U.S.C. § 54E and 26 U.S.C. § 54F, which are referred to in this section, were repealed by Act Dec. 22, 2017, P. L. 115-97, Title I, Subtitle C, Part V, § 13404(a), 131 Stat. 2138, applicable to bonds issued after 12/31/2017, as provided by § 13404(d) of such Act, which appears as 26 USCS § 54 note. 26 U.S.C. § 54E provided for qualified zone academy bonds, and 26 U.S.C. § 54F provided for qualified school construction bonds.

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

    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. 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. 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. 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.
    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. 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. 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.
  1. 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.
  2. 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. 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. 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. The setting aside of reserves or sinking funds and the regulation and disposition of the reserves or sinking funds;
    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. Limitations on:
      1. The issuance of additional notes or bonds;
      2. The terms upon which additional notes or bonds may be issued and secured; and
      3. The refunding of outstanding or other notes or bonds;
    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. Limitations on the amount of moneys to be expended by the authority for operating, administrative or other expenses of the authority;
    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. Any other matters, of like or different character, that in any way affect the security or protection of the notes or bonds.
    1. It is the intention of this section that:
      1. Any pledge made by the authority shall be valid and binding from the time the pledge is made;
      2. 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. 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. Neither the resolution nor any other instrument by which a pledge is created need be recorded.
  3. 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.
  4. 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. 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. 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.
  5. 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.
  6. 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.
    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. The authority is authorized to include this pledge and agreement of the state in any agreement with the holders of the notes or bonds.
  7. 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.
  8. 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.
  9. 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.
  10. 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.

Acts 1965, ch. 256, §§ 7, 8; 1975, ch. 124, § 1; 1980, ch. 711, § 12; 1983, ch. 338, § 4; T.C.A., §§ 49-3518, 49-3519; Acts 1998, ch. 665, § 1; 1999, ch. 429, §§ 6, 7; 2009, ch. 601, §§ 6, 7; 2010, ch. 943, § 1; 2016, ch. 571, § 2.

Attorney General Opinions. Transfer of amounts owed authority mandatory under subsection (c), OAG 98-088, 1998 Tenn. AG LEXIS 88 (4/15/98).

49-3-1208. Bondholders' remedies.

  1. 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.
  2. 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. 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. Bring suit upon the notes or bonds;
    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. 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. 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.
  3. 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.

Acts 1965, ch. 256, § 9; T.C.A., § 49-3520.

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.

Acts 1965, ch. 256, § 10; T.C.A., § 49-3521.

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

  1. 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.
  2. The state delegates to the agency the authority to allocate on behalf of the state the limitation amount allocated to the state under § 54F(d)(1) of the Internal Revenue Code of 1986 (26 U.S.C. § 54F(d)(1)), and any limitation amount allocated to a Tennessee large local education agency within the meaning of § 54F(d)(2)(E) of the Internal Revenue Code of 1986 (26 U.S.C. § 54F(d)(2)(E)), and reallocated by such large local education agency to the state pursuant to § 54F(d)(2)(D) of the Internal Revenue Code of 1986 (26 U.S.C. § 54F(d)(2)(D)), 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.

Acts 1992, ch. 535, § 36; 1998, ch. 913, § 1; 1999, ch. 429, § 8; 2009, ch. 601, § 8.

Compiler's Notes. 26 U.S.C. § 54E and 26 U.S.C. § 54F, which are referred to in this section, were repealed by Act Dec. 22, 2017, P. L. 115-97, Title I, Subtitle C, Part V, § 13404(a), 131 Stat. 2138, applicable to bonds issued after 12/31/2017, as provided by § 13404(d) of such Act, which appears as 26 USCS § 54 note. 26 U.S.C. § 54E provided for qualified zone academy bonds, and 26 U.S.C. § 54F provided for qualified school construction bonds.

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.

Acts 2009, ch. 601, § 10.

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.

Acts 2009, ch. 601, § 11.

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.

Acts 1985, ch. 471, § 1.

Compiler's Notes. The reference in this section to 501(c)(3) is to 26 U.S.C. § 501(c)(3) of the Internal Revenue Code.

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

  1. 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. Neither an appropriation nor the income from an appropriation may be spent for any organization other than the Tennessee Intercollegiate State Legislature (TISL);
    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. Any appropriation shall be released to the foundation only as a dollar-for-dollar match of private contributions to the endowment fund; and
    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.
  2. 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.

Acts 1985, ch. 471, § 2; 1995, ch. 170, § 1; 2008, ch. 625, § 1; 2012, ch. 774, § 1.

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.

Acts 2011, ch. 421, § 1.

49-3-324. Loan for transportation services.

49-3-351. Basic education program — Funding procedure.

49-3-367. Access to internet services — Legislative intent.

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. “Commissioner” means the commissioner of commerce and insurance;
  2. “Corporation” means a corporation or association not for profit authorized to administer a plan in the state;
  3. “Fiscal year” means the period beginning January 1 and ending December 31 of each year;
  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. “Plan” means any educational cooperative plan or scholarship plan subject to this part;
  6. “Recipient of scholarship” means any member who has been granted a scholarship by the plan;
  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. “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.

Acts 1968, ch. 589, § 1; impl. am. Acts 1971, ch. 137, § 2; T.C.A., § 49-4501.

Cross-References. Allocation plan for private activity bonds, title 9, ch. 20.

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

Law Reviews.

Proposed Legal Constraints on Private Student Lenders, 68 Vand. L. Rev. 225 (2015).

49-4-102. Plans subject to law.

  1. 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. Participation by a specific person based on contributions made on behalf of that person; and
    2. Qualification for participation in whole or in part based upon amount and duration of the contribution.
  2. 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.

Acts 1968, ch. 589, § 2; T.C.A., § 49-4502.

49-4-103. Regulation of plans.

  1. 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.
  2. No plan shall be approved by the commissioner that does not comply with regulations relating to the following:
    1. Rights to withdrawal of principal investment;
    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;
    3. Incorporation and qualification with the secretary of state by a corporation;
    4. Security of funds for scholarships;
    5. Qualifications of institutions in which scholarships may be granted;
    6. Maximum duration of scholarship;
    7. Scholastic achievement as qualification for commencement or continuation of scholarship not exceeding average passing grade in institution;
    8. Amount of contributions and duration necessary to participation in benefits of plan;
    9. Good moral character of management personnel; and
    10. Voting rights of members or trustees of members.

Acts 1968, ch. 589, § 3; T.C.A., § 49-4503.

49-4-104. Unauthorized solicitation or advertising.

It is unlawful for any person, firm, corporation or corporation for profit to:

  1. Solicit funds for the operation of any plan, except as provided in this part; or
  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.

Acts 1968, ch. 589, §§ 2, 4; T.C.A., §§ 49-4502, 49-4504.

Cross-References. Penalty for violation of part, § 49-4-112.

49-4-105. Corporations administering plans.

  1. 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.
  2. 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.
  3. The charter of each corporation shall provide for a board of directors of no fewer than seven (7) persons.
  4. 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.

Acts 1968, ch. 589, §§ 5, 11, 14, 15; impl. am. Acts 1968, ch. 523, § 1 (17.06); T.C.A., §§ 49-4505, 49-4511, 49-4514, 49-4515.

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.

Acts 1968, ch. 589, § 17; T.C.A., § 49-4517.

49-4-107. Certificate of authority.

    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. 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.
    1. Applications shall be accompanied by such supplemental data as the commissioner requires, including, but not limited to:
      1. A charter certified by the secretary of state, together with all amendments to the charter as of the date of the certification;
      2. The bylaws of the corporation;
      3. The proposed plan or plans for payment of scholarships;
      4. Copies of membership certificates, applications and other documents to be used in connection with the operation and administration of the plan;
      5. A financial statement of the corporation; and
      6. The names and addresses of officers and directors of the corporation.
    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.
  1. The commissioner shall issue a certificate of authority to each qualified applicant if the commissioner finds that:
    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. 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. The operation of the plan complies with § 49-4-108 and regulations of the commissioner respecting the security of scholarship funds; and
    4. The applicant has paid a filing fee of ten dollars ($10.00), which fee shall be deposited in the general revenue fund unallocated.

Acts 1968, ch. 589, § 6; T.C.A., § 49-4506.

49-4-108. Deposit of funds.

    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. 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. The special fund is to be deposited in and managed by an insured bank or banks having trust powers, as trustees.
  1. The trustees shall be selected or appointed by the corporation and approved by the commissioner.
  2. 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.
  3. 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.

Acts 1968, ch. 589, §§ 7, 8; T.C.A., §§ 49-4507, 49-4508.

49-4-109. Financial statements and examinations.

  1. 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.
  2. 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).

Acts 1968, ch. 589, §§ 9, 10; T.C.A., §§ 49-4509, 49-4510.

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. The corporation is being operated for profit;
  2. The affairs of the corporation are being fraudulently conducted;
  3. The corporation is guilty of a violation of any of this part;
  4. The certificate of authority was obtained by fraud;
  5. The corporation is guilty of false or misleading advertising;
  6. Trust funds have been or are being used for purposes other than scholarships;
  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. The corporation has willfully failed to file reports required by the commissioner pursuant to this part; or
  9. The corporation has refused or prevented examination of its books and records by the commissioner.

Acts 1968, ch. 589, § 12; T.C.A., § 49-4512.

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.

Acts 1968, ch. 589, § 13; T.C.A., § 49-4513.

49-4-112. Violations — Penalties.

  1. Any person, firm or corporation that violates this part commits a Class C misdemeanor.
  2. 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.

Acts 1968, ch. 589, § 16; T.C.A., § 49-4516; Acts 1989, ch. 591, § 113.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

Perjury, § 39-16-702.

Perjury, aggravated, § 39-16-703.

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.

Acts 1974, ch. 620, § 1; 1976, ch. 415, § 9; T.C.A., §§ 49-5001, 49-50-101; Acts 2020, ch. 794, § 8.

Compiler's Notes. For the Preamble to the act concerning HOPE Lottery Scholarships and the Tennessee Promise and Reconnect programs, see Acts 2020, ch. 794.

Acts 2020, ch. 794, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Financial Aid Simplification for Tennesseans (FAST) Act”.

Amendments. The 2020 amendment substituted “parts 2, 3, and 6-9” for “parts 2-7” at the end of this section.

Effective Dates. Acts 2020, ch. 794, § 70. August 1, 2020.

Cross-References. Baccalaureate education savings, title 49, ch. 7, part 9.

Student loan program, title 49, ch. 4, part 5.

Textbooks. Tennessee Jurisprudence, 21 Tenn. Juris., Religious Societies, § 2.

Law Reviews.

Proposed Legal Constraints on Private Student Lenders, 68 Vand. L. Rev. 225 (2015).

Attorney General Opinions. Board members and employees of the Tennessee student assistance corporation are subject to the prohibitions contained in T.C.A. §§ 3-6-304 and 305, as well as the jurisdiction of the Tennessee ethics commission, OAG 08-172, 2008 Tenn. AG LEXIS 202 (11/10/08).

NOTES TO DECISIONS

1. Generally.

The Tennessee student assistance corporation is an “arm or agency” of the state of Tennessee, and as such, is clothed with the sovereign immunity traditionally possessed by the states. Dodson v. Tenn. Student Assistance Corp. (In re Dodson), 259 B.R. 635, 2001 Bankr. LEXIS 213 (Bankr. E.D. Tenn. 2001).

2. Bankruptcy Proceedings.

Neither T.C.A. § 49-4-201 nor T.C.A. § 49-4-403 form a waiver of the Tennessee student assistance corporation’s (TSAC) sovereign immunity; TSAC’s agreement to follow rudimentary principles of bankruptcy law in response to actions by debtors is neither a voluntary invocation of federal jurisdiction nor a clear waiver of sovereign immunity, as required by supreme court jurisprudence. Dodson v. Tenn. Student Assistance Corp. (In re Dodson), 259 B.R. 635, 2001 Bankr. LEXIS 213 (Bankr. E.D. Tenn. 2001).

49-4-202. Board of directors.

  1. 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.
    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. 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. 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.
    1. The student members shall be enrolled full-time in public or private institutions of higher education in Tennessee.
    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. One (1) student member shall be selected by the governor each year. The governor may select from candidates produced by the following procedures:
      1. 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. 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. 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. 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. 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).
  2. [Deleted by 2020 amendment.]
  3. 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.
  4. The board shall elect its own chair.
  5. 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.
  6. 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.
  7. 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.

Acts 1974, ch. 620, § 2; 1976, ch. 806, § 1(73); 1977, ch. 351, § 1; 1979, ch. 155, § 1; T.C.A., § 49-5002; Acts 1982, ch. 630, § 1; 1982, ch. 936, §§ 1, 2; 1983, ch. 123, §§ 1, 2; 1983, ch. 269, § 1; T.C.A., § 49-50-102; Acts 1988, ch. 535, §§ 3, 4; 1988, ch. 1013, § 17; 1991, ch. 201, § 1; 2009, ch. 531, § 52; 2011, ch. 394, §§ 1, 2; 2020, ch. 794, §§ 5–8.

Compiler's Notes. The Tennessee student assistance corporation, board of directors, created by this section, terminates June 30, 2022. See §§ 4-29-112, 4-29-243.

For the Preamble to the act concerning the operation and funding of state government and to fund the state budget for the fiscal years beginning on July 1, 2008, and July 1, 2009, please refer to Acts 2009, ch. 531.

For the Preamble to the act concerning HOPE Lottery Scholarships and the Tennessee Promise and Reconnect programs, see Acts 2020, ch. 794.

Acts 2020, ch. 794, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Financial Aid Simplification for Tennesseans (FAST) Act”.

Amendments. The 2020 amendment, in (e), (h), and twice in (i), substituted “parts 2, 3, and 6-9” for “parts 2-7”; in (a), substituted “is governed” for “shall be governed”, deleted “the director of the higher education commission,” following “administration”, inserted “Association”, deleted “the chair of the Tennessee Independent Colleges and Universities,” following “School Association”, and deleted “a representative of a commercial lender,” preceding “two”; deleted former (d), which read:

“(d)(1)  The representative of a commercial lender shall be appointed by the governor for a three-year term and shall be eligible for reappointment.

“(2)  A vacancy created by death or resignation of the representative of a commercial lender shall be filled by gubernatorial appointment for the remainder of the unexpired term.”; and, in (e), deleted “the director of the higher education commission” following “and administration” and deleted “the chair of the Tennessee Independent Colleges and Universities” preceding “and the chancellor”.

Effective Dates. Acts 2020, ch. 794, § 70. August 1, 2020.

49-4-203. Purpose and duties.

It is the purpose and duty of the Tennessee student assistance corporation to:

  1. [Deleted by 2020 amendment.]
  2. Administer the provisions under law of state awards of financial assistance to needy students who are residents of the state under the terms and conditions prescribed in this part;
    1. 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. 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 (3)(A) for distinguished United States citizens;
    3. All funds received pursuant to subdivision (3)(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 (3)(A).
  3. Administer the loan and loan scholarship programs established under parts 2, 3, and 6-9 of this chapter;
    1. Administer the Tennessee academic scholars program in accordance with guidelines recommended by the Tennessee higher education commission and approved by the Tennessee student assistance corporation;
    2. 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 (5)(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. 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
  4. Carry out the other purposes of parts 2, 3, and 6-9 of this chapter.

Acts 1974, ch. 620, § 3; 1976, ch. 415, § 10; 1977, ch. 282, § 2; 1980, ch. 711, § 13; T.C.A., § 49-5003; Acts 1982, ch. 861, § 1; 1983, ch. 284, § 1; T.C.A., § 49-50-103; Acts 1986, ch. 623, §§ 1, 2; 1986, ch. 641, § 1; 1986, ch. 812, § 1; 1995, ch. 255, § 1; 2013, ch. 98, § 1; 2020, ch. 794, §§ 8, 9.

Compiler's Notes. For the Preamble to the act concerning HOPE Lottery Scholarships and the Tennessee Promise and Reconnect programs, see Acts 2020, ch. 794.

Acts 2020, ch. 794, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Financial Aid Simplification for Tennesseans (FAST) Act”.

Amendments. The 2020 amendment in (4) and (6), substituted “parts 2, 3, and 6-9” for “parts 2-7” and deleted former (1), which read: “Receive state funds appropriated for the purpose of guaranteeing student loans, to receive any federal funds that may be made available to the corporation for student assistance purposes, and guarantee loans made to worthy and needy students or their parents who are bona fide residents of this state. Loans may be guaranteed for nonresidents of this state if they are enrolled in an eligible educational institution located in this state or parents of dependent nonresidents enrolled in an eligible educational institution located in this state. Loans may also be guaranteed under the Higher Education Act of 1965 (20 U.S.C. § 1001 et seq.), for students who are nonresidents of this state or their parents if they are made through an approved Tennessee lender;”.

Effective Dates. Acts 2020, ch. 794, § 70. August 1, 2020.

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.

Acts 1974, ch. 620, § 4; 1976, ch. 415, § 11; 1977, ch. 282, § 3; 1980, ch. 711, § 14; T.C.A., § 49-5004; Acts 1982, ch. 861, § 2; T.C.A., § 49-50-104; Acts 2020, ch. 794, § 10.

Compiler's Notes. For the Preamble to the act concerning HOPE Lottery Scholarships and the Tennessee Promise and Reconnect programs, see Acts 2020, ch. 794.

Acts 2020, ch. 794, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Financial Aid Simplification for Tennesseans (FAST) Act”.

Amendments. The 2020 amendment substituted “directed to promulgate rules” for “directed to make rules and regulations”, deleted “and the guaranteeing of student or parent loans and the making” following “governing the making”, substituted “students that the corporation deems” for “students it deems” and “parts 2, 3, and 6-9” for “parts 2-7”.

Effective Dates. Acts 2020, ch. 794, § 70.  August 1,  2020.

49-4-205. [Repealed.]

Compiler's Notes. Former § 49-4-205 (Acts 1974, ch. 620, § 12; T.C.A., §§ 49-5012, 49-50-112), concerning contracts with other student assistance corporations or organizations, was repealed by Acts 2020, ch. 794, § 11, effective August 1, 2020.

For the Preamble to the act concerning HOPE Lottery Scholarships and the Tennessee Promise and Reconnect programs, see Acts 2020, ch. 794.

Acts 2020, ch. 794, § 1 provided that the act, which repealed this section, shall be known and may be cited as the “Financial Aid Simplification for Tennesseans (FAST) Act”.

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

  1. The Tennessee student assistance corporation is authorized and empowered to:
    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. 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.
  2. 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.

Acts 1974, ch. 620, § 22; T.C.A., §§ 49-5022, 49-50-120.

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.

Acts 1974, ch. 620, § 23; T.C.A., §§ 49-5023, 49-50-121.

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.

Acts 1974, ch. 620, § 25; T.C.A., §§ 49-5025, 49-50-123.

Cross-References. State employees retirement system, title 8, chs. 34-37, 39.

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.

Acts 1983, ch. 351, § 3; T.C.A., § 49-50-124.

Law Reviews.

Selected Tennessee Legislation of 1983 (N. L. Resener, J. A. Whitson, K. J. Miller), 50 Tenn. L. Rev. 785 (1983).

49-4-210. Authority to promulgate rules and regulations to determine whether licensed lawyers or persons licensed by any state agency are delinquent or in default on student loans.

In addition to the authority to promulgate the rules and regulations to effectuate chapter 519 of the Public Acts of 2012 relative to determinations of delinquency or default for student loans, the Tennessee student assistance corporation (TSAC) is authorized to promulgate necessary rules and regulations to determine whether any lawyer who is licensed by the Tennessee supreme court, or any person who is licensed in any other profession, trade, occupation, business or industry licensed by any agency in Tennessee is delinquent or in default on any service obligation or repayment under any federal family education loan program, the federal Higher Education Act of 1965 (20 U.S.C. § 1001 et seq.), as amended, a student loan guaranteed or administered by TSAC or any other state or federal educational loan or service-conditional scholarship program. Such rules and regulations shall provide for notice and a hearing to determine the amount of the debt, whether the debt is delinquent or in default on any repayment or service obligation, whether the debtor has entered into a payment plan or service obligation approved by the guarantee agency, is willing to enter into a payment plan or service obligation plan approved by TSAC or the guarantee agency or is eligible for deferment or forbearance. TSAC shall notify the supreme court or the licensing agency if the debtor is delinquent or in default, or if the debtor, without good cause, fails to respond to the notice of intent to file an order seeking the suspension, denial or revocation of the debtor's license, fails to timely request a hearing, or fails to appear at a scheduled hearing. The rules and regulations shall also provide that when TSAC determines that a debt or service obligation has been satisfied in full that TSAC shall notify the supreme court or licensing agency that the debtor is no longer delinquent or in default.

Acts 2012, ch. 519, § 6.

Compiler's Notes. Former §§ 49-4-210 and 49-4-211 (Acts 1984 [1st E.S.], ch. 7, § 85; 1986, ch. 704, § 1; 1988, ch. 774, §§ 1, 2; 1989, ch. 202, § 1), concerning loans programs for math or science teachers or teachers in disadvantaged areas, were repealed by Acts 1995, ch. 392, § 2, effective July 1, 1996. For new law see § 49-4-212.

Acts 1995, ch. 392, § 2, which provided for the July 1, 1996, repeal of §§ 49-4-210 and 49-4-211, further provided that the discontinuance of the programs established by these sections shall not affect the obligations or benefits, both present and future, of those students currently participating in these programs. Participants in either program may comply with the pay off provisions of these programs by teaching in an area designated by either program.

Attorney General Opinions. Revocation of professional licenses due to student loan arrears.  OAG 12-22, 2012 Tenn. AG LEXIS 22 (2/22/12).

49-4-211. Suspension, modification, or waiver of deadline or other nonacademic requirement of financial aid program during state of emergency. [Effective until June 30, 2021.]

  1. Notwithstanding any law to the contrary, if the governor has declared that a state of emergency exists, then the executive director of the student assistance corporation may temporarily suspend, modify, or waive any deadline or other non-academic requirement in statute, rule, or policy of any financial aid program authorized by parts 2, 3, and 6-9 of this chapter. Any suspension, modification, or waiver made pursuant to this section must be for a specified period of time, as determined by the executive director of the student assistance corporation, to effectively administer the programs under this chapter.
  2. The executive director of the student assistance corporation shall report any statute, rule, or policy that the executive director temporarily suspends, modifies, or waives pursuant to subsection (a), within thirty (30) days of the suspension, modification, or waiver, to the chairs of the education committees of the senate and the house of representatives and to the speakers of the house of representatives and senate.
  3. This section is repealed on June 30, 2021.

Acts 2020, ch. 632, § 1.

Compiler's Notes. Former §§ 49-4-210 and 49-4-211 (Acts 1984 [1st E.S.], ch. 7, § 85; 1986, ch. 704, § 1; 1988, ch. 774, §§ 1, 2; 1989, ch. 202, § 1), concerning loans programs for math or science teachers or teachers in disadvantaged areas, were repealed by Acts 1995, ch. 392, § 2, effective July 1, 1996. For new law see § 49-4-212.

Acts 1995, ch. 392, § 2, which provided for the July 1, 1996, repeal of §§ 49-4-210 and 49-4-211, further provided that the discontinuance of the programs established by these sections shall not affect the obligations or benefits, both present and future, of those students currently participating in these programs. Participants in either program may comply with the pay off provisions of these programs by teaching in an area designated by either program.

Effective Dates. Acts 2020, ch. 632, § 2. March 25, 2020.

Cross-References. Emergency management powers of the governor, § 58-2-107.

49-4-212. Tennessee Teaching Scholars Act.

  1. This section shall be known and may be cited as the “Tennessee Teaching Scholars Act.”
  2. 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.
    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. 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.
    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. 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.
  3. 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.

Acts 1995, ch. 392, § 1; 1999, ch. 391, §§ 1, 2; 2004, ch. 832, § 2; 2020, ch. 794, § 12.

Compiler's Notes. For the Preamble to the act concerning HOPE Lottery Scholarships and the Tennessee Promise and Reconnect programs, see Acts 2020, ch. 794. Acts 2020, ch. 794, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Financial Aid Simplification for Tennesseans (FAST) Act”.

Amendments. The 2020 amendment rewrote (e) which read: “This program shall be available for participants beginning July 1, 1996. The availability of loans shall be subject to the appropriation of funds in each year's general appropriations act.”

Effective Dates. Acts 2020, ch. 794, § 70.  August 1,  2020.

Part 3
Tennessee Student Assistance Corporation — Student Assistance Awards

49-4-301. Program established — Eligibility. [Effective until July 1, 2021. See the version effective on July 1, 2021.]

  1. 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. TSAC shall make awards of nonrepayable financial assistance, from funds appropriated for that purpose, directly to needy undergraduate students who:
      1. 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. Are enrolled or intend to enroll as full-time or part-time students in an institution of postsecondary education in this state that is either:
        1. A public college or university;
        2. A public vocational or technical institute;
        3. A nonprofit institution of higher education in this state as defined under regulations promulgated by TSAC; or
        4. 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. Have complied with the applicable provisions of parts 2-7 of this chapter and the rules and regulations adopted by TSAC; and
      4. Are not incarcerated;
    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. Students who are citizens of the United States shall receive priority in the making of awards of student assistance.
  2. 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.

Acts 1976, ch. 415, § 2; 1977, ch. 105, § 1; 1977, ch. 351, §§ 2, 5; 1980, ch. 704, § 1; T.C.A., § 49-5013; Acts 1981, ch. 223, § 1; T.C.A., § 49-50-113; Acts 1989, ch. 200, §§ 1-3; 1992, ch. 775, § 1; 1998, ch. 633, § 1; 2018, ch. 695, § 1.

Cross-References. General assembly to support and encourage education, Tenn. Const. art. XI, § 12.

NOTES TO DECISIONS

1. Constitutionality.

State student assistance program is constitutional on its face and in its application as its emphasis is on providing aid to the student rather than to any one institution, and all institutions regardless of their religious character are left free to compete for students receiving aid under the program; moreover, the student may use the money so provided for any educationally related purpose and is not required to apply it directly towards tuition. Americans United for Separation of Church & State v. Blanton, 433 F. Supp. 97, 1977 U.S. Dist. LEXIS 15820 (M.D. Tenn. 1977), aff'd, 434 U.S. 803, 98 S. Ct. 39, 54 L. Ed. 2d 65, 1977 U.S. LEXIS 2690 (1977).

49-4-301. Program established — Eligibility. [Effective on July 1, 2021. See the version effective until July 1, 2021.]

  1. 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. TSAC shall make awards of nonrepayable financial assistance, from funds appropriated for that purpose, directly to needy undergraduate students who:
      1. 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. 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. A public college or university;
        2. A public vocational or technical institute;
        3. A nonprofit institution of higher education in this state as defined under regulations promulgated by TSAC; or
        4. 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. Have complied with the applicable provisions of parts 2-7 of this chapter and the rules and regulations adopted by TSAC; and
      4. Are not incarcerated;
    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. Students who are citizens of the United States shall receive priority in the making of awards of student assistance.
  2. 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.

Acts 1976, ch. 415, § 2; 1977, ch. 105, § 1; 1977, ch. 351, §§ 2, 5; 1980, ch. 704, § 1; T.C.A., § 49-5013; Acts 1981, ch. 223, § 1; T.C.A., § 49-50-113; Acts 1989, ch. 200, §§ 1-3; 1992, ch. 775, § 1; 1998, ch. 633, § 1; 2018, ch. 695, § 1; 2020, ch. 794, § 13.

Compiler's Notes. For the Preamble to the act concerning HOPE Lottery Scholarships and the Tennessee Promise and Reconnect programs, see Acts 2020, ch. 794.

Acts 2020, ch. 794, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Financial Aid Simplification for Tennesseans (FAST) Act”.

Amendments. The 2020 amendment, effective July 1, 2021, inserted “in an eligible program of study as defined in § 49-4-902” in (a)(1)(B).

Effective Dates. Acts 2020, ch. 794, § 70. July 1, 2021.

Cross-References. General assembly to support and encourage education, Tenn. Const. art. XI, § 12.

NOTES TO DECISIONS

1. Constitutionality.

State student assistance program is constitutional on its face and in its application as its emphasis is on providing aid to the student rather than to any one institution, and all institutions regardless of their religious character are left free to compete for students receiving aid under the program; moreover, the student may use the money so provided for any educationally related purpose and is not required to apply it directly towards tuition. Americans United for Separation of Church & State v. Blanton, 433 F. Supp. 97, 1977 U.S. Dist. LEXIS 15820 (M.D. Tenn. 1977), aff'd, 434 U.S. 803, 98 S. Ct. 39, 54 L. Ed. 2d 65, 1977 U.S. LEXIS 2690 (1977).

49-4-302. Payment of award.

  1. 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.
  2. 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.

Acts 1976, ch. 415, § 3; T.C.A., § 49-5014; Acts 1981, ch. 32, § 1; T.C.A., § 49-50-114; Acts 2006, ch. 582, § 1.

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.

Acts 1976, ch. 415, § 4; 1980, ch. 564, § 1; T.C.A., § 49-5015; Acts 1981, ch. 272, § 1; T.C.A., § 49-50-115; Acts 2006, ch. 582, § 2.

49-4-304. Renewal of award.

    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. TSAC may grant a leave of absence to recipients entering military service.
  1. 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.

Acts 1976, ch. 415, § 5; 1977, ch. 351, §§ 3, 5; T.C.A., § 49-5016; Acts 1981, ch. 223, § 2; T.C.A., § 49-50-116; Acts 2020, ch. 794, § 14.

Compiler's Notes. For the Preamble to the act concerning HOPE Lottery Scholarships and the Tennessee Promise and Reconnect programs, see Acts 2020, ch. 794.

Acts 2020, ch. 794, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Financial Aid Simplification for Tennesseans (FAST) Act”.

Amendments. The 2020 amendment substituted “this part and the policies and rules” for “parts 2-7 of this chapter and the policies” in the second sentence of (a)(1).

Effective Dates. Acts 2020, ch. 794, § 70.  August 1, 2020.

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.

Acts 1976, ch. 415, § 6; T.C.A., §§ 49-5017, 49-50-117.

49-4-306. [Reserved.]

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.

Acts 1976, ch. 415, § 7; 1977, ch. 351, § 4; T.C.A., § 49-5018, 49-50-118.

Cross-References. Forfeiture upon criminal conviction, § 49-4-601.

49-4-308. Transfer students.

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

Acts 1976, ch. 415, § 8; T.C.A., §§ 49-5019, 49-50-119.

Part 4
Tennessee Student Assistance Corporation — Student Loans Generally [Repealed]

49-4-401. [Repealed.]

Acts 1974, ch. 620, §§ 9, 10; T.C.A., §§ 49-5009, 49-5010; Acts 1982, ch. 861, § 4; T.C.A., §§ 49-50-109, 49-50-110; Acts 1993, ch. 165, § 1; 2000, ch. 624, § 1; repealed by Acts 2020, ch. 794, § 15, effective August 1, 2020.Acts 1974, ch. 620, §§ 7-11;  T.C.A., §§ 49-5007 — 49-5010, 49-5011; Acts 1977, ch. 191, § 1; 1980, ch. 711, § 15; 1982, ch. 861, §§ 3, 4; T.C.A., §§ 49-50-10749-50-111; Acts 1985, ch. 306, § 1; Acts 1993, ch. 165, § 1; 2000, ch. 624, § 1; repealed by Acts 2020, ch. 794, § 15, effective August 1, 2020.

Compiler's Notes. Former Title 49, ch. 4, part 4, §§ 49-4-40149-4-404 (Acts 1974, ch. 620, §§ 7-11;  T.C.A., §§ 49-5007 — 49-5010, 49-5011; Acts 1977, ch. 191, § 1; 1980, ch. 711, § 15; 1982, ch. 861, §§ 3, 4; T.C.A., §§ 49-50-10749-50-111; Acts 1985, ch. 306, § 1; Acts 1993, ch. 165, § 1; 2000, ch. 624, § 1), concerned Tennessee student assistance corporation and student loans, was repealed by Acts 2020, ch. 794, § 15, effective August 1, 2020.

For the Preamble to the act concerning HOPE Lottery Scholarships and the Tennessee Promise and Reconnect programs, see Acts 2020, ch. 794.

Acts 2020, ch. 794, § 1 provided that the act, which repealed this part, shall be known and may be cited as the “Financial Aid Simplification for Tennesseans (FAST) Act”.

49-4-402. [Repealed.]

Acts 1974, ch. 620, § 7; T.C.A., § 49-5007; Acts 1982, ch. 861, § 3; T.C.A., § 49-50-107; repealed by Acts 2020, ch. 794, § 15, effective August 1, 2020.

Compiler's Notes. Former Title 49, ch. 4, part 4, §§ 49-4-40149-4-404 (Acts 1974, ch. 620, §§ 7-11;  T.C.A., §§ 49-5007-49-5010, 49-5011; Acts 1977, ch. 191, § 1; 1980, ch. 711, § 15; 1982, ch. 861, §§ 3, 4; T.C.A., §§ 49-50-107-49-50-111; Acts 1985, ch. 306, § 1; Acts 1993, ch. 165, § 1; 2000, ch. 624, § 1), concerned Tennessee student assistance corporation and student loans, was repealed by Acts 2020, ch. 794, § 15, effective August 1, 2020.

For the Preamble to the act concerning HOPE Lottery Scholarships and the Tennessee Promise and Reconnect programs, see Acts 2020, ch. 794.

Acts 2020, ch. 794, § 1 provided that the act, which repealed this part, shall be known and may be cited as the “Financial Aid Simplification for Tennesseans (FAST) Act”.

49-4-403. [Repealed.]

Acts 1974, ch. 620, § 11; T.C.A., §§ 49-5011, 49-50-11; repealed by Acts 2020, ch. 794, § 15, effective August 1, 2020.

Compiler's Notes. Former Title 49, ch. 4, part 4, §§ 49-4-40149-4-404 (Acts 1974, ch. 620, §§ 7-11;  T.C.A., §§ 49-5007-49-5010, 49-5011; Acts 1977, ch. 191, § 1; 1980, ch. 711, § 15; 1982, ch. 861, §§ 3, 4; T.C.A., §§ 49-50-107-49-50-111; Acts 1985, ch. 306, § 1; Acts 1993, ch. 165, § 1; 2000, ch. 624, § 1), concerned Tennessee student assistance corporation and student loans, was repealed by Acts 2020, ch. 794, § 15, effective August 1, 2020.

For the Preamble to the act concerning HOPE Lottery Scholarships and the Tennessee Promise and Reconnect programs, see Acts 2020, ch. 794.

Acts 2020, ch. 794, § 1 provided that the act, which repealed this part, shall be known and may be cited as the “Financial Aid Simplification for Tennesseans (FAST) Act”.

49-4-404. [Repealed.]

Acts 1974, ch. 620, § 8; 1977, ch. 191, § 1; 1980, ch. 711, § 15; T.C.A., §§ 49-5008, 49-50-108; Acts 1985, ch. 306, § 1; repealed by Acts 2020, ch. 794, § 15, effective August 1, 2020.

Compiler's Notes. Former Title 49, ch. 4, part 4, §§ 49-4-40149-4-404 (Acts 1974, ch. 620, §§ 7-11;  T.C.A., §§ 49-5007-49-5010, 49-5011; Acts 1977, ch. 191, § 1; 1980, ch. 711, § 15; 1982, ch. 861, §§ 3, 4; T.C.A., §§ 49-50-107-49-50-111; Acts 1985, ch. 306, § 1; Acts 1993, ch. 165, § 1; 2000, ch. 624, § 1), concerned Tennessee student assistance corporation and student loans, was repealed by Acts 2020, ch. 794, § 15, effective August 1, 2020.

For the Preamble to the act concerning HOPE Lottery Scholarships and the Tennessee Promise and Reconnect programs, see Acts 2020, ch. 794.

Acts 2020, ch. 794, § 1 provided that the act, which repealed this part, shall be known and may be cited as the “Financial Aid Simplification for Tennesseans (FAST) Act”.

Part 5
Tennessee Student Assistance Corporation — Student Loan Program [Repealed]

49-4-501. [Repealed.]

Acts 1977, ch. 282, § 1; 1983, ch. 338, § 5; T.C.A., § 49-5401; repealed by Acts 2020, ch. 794, § 16; effective August 1, 2020.Acts 1977, ch. 282, § 1; 1980, ch. 711, § 16; 1983, ch. 338, §§ 5-7, 10, 11; T.C.A., §§ 49-5401 — 49-5404, 49-5407 — 49-5409; repealed by Acts 2020, ch. 794, § 16; effective August 1, 2020.

Compiler's Notes. Former Title 49, ch. 4, part 5, §§ 49-4-50149-4-508 (Acts 1977, ch. 282, § 1; 1980, ch. 711, § 16; 1983, ch. 338, §§ 5-7, 10, 11; T.C.A., §§ 49-5401 — 49-5404, 49-5407 — 49-5409) concerned Tennessee student assistance corporation and student loans, was repealed by Acts 2020, ch. 794, § 16, effective August 1, 2020.

For the Preamble to the act concerning HOPE Lottery Scholarships and the Tennessee Promise and Reconnect programs, see Acts 2020, ch. 794.

Acts 2020, ch. 794, § 1 provided that the act, which repealed this part, shall be known and may be cited as the “Financial Aid Simplification for Tennesseans (FAST) Act”.

49-4-502. [Repealed.]

Acts 1977, ch. 282, § 1; 1980, ch. 711, § 16; 1983, ch. 338, § 6; T.C.A., § 49-5402; repealed by Acts 2020, ch. 794, § 16; effective August 1, 2020.

Compiler's Notes. Former Title 49, ch. 4, part 5, §§ 49-4-50149-4-508 (Acts 1977, ch. 282, § 1; 1980, ch. 711, § 16; 1983, ch. 338, §§ 5-7, 10, 11; T.C.A., §§ 49-5401 — 49-5404, 49-5407 — 49-5409) concerned Tennessee student assistance corporation and student loans, was repealed by Acts 2020, ch. 794, § 16, effective August 1, 2020.

For the Preamble to the act concerning HOPE Lottery Scholarships and the Tennessee Promise and Reconnect programs, see Acts 2020, ch. 794.

Acts 2020, ch. 794, § 1 provided that the act, which repealed this part, shall be known and may be cited as the “Financial Aid Simplification for Tennesseans (FAST) Act”.

49-4-503. [Repealed.]

Acts 1977, ch. 282, § 1; 1983, ch. 338, § 7; T.C.A., § 49-5403; repealed by Acts 2020, ch. 794, § 16; effective August 1, 2020..

Compiler's Notes. Former Title 49, ch. 4, part 5, §§ 49-4-50149-4-508 (Acts 1977, ch. 282, § 1; 1980, ch. 711, § 16; 1983, ch. 338, §§ 5-7, 10, 11; T.C.A., §§ 49-5401 — 49-5404, 49-5407 — 49-5409) concerned Tennessee student assistance corporation and student loans, was repealed by Acts 2020, ch. 794, § 16, effective August 1, 2020.

For the Preamble to the act concerning HOPE Lottery Scholarships and the Tennessee Promise and Reconnect programs, see Acts 2020, ch. 794.

Acts 2020, ch. 794, § 1 provided that the act, which repealed this part, shall be known and may be cited as the “Financial Aid Simplification for Tennesseans (FAST) Act”.

49-4-504. [Repealed.]

Acts 1977, ch. 282, § 1; T.C.A., § 49-5404; repealed by Acts 2020, ch. 794, § 16; effective August 1, 2020..

Compiler's Notes. Former Title 49, ch. 4, part 5, §§ 49-4-50149-4-508 (Acts 1977, ch. 282, § 1; 1980, ch. 711, § 16; 1983, ch. 338, §§ 5-7, 10, 11; T.C.A., §§ 49-5401 — 49-5404, 49-5407 — 49-5409) concerned Tennessee student assistance corporation and student loans, was repealed by Acts 2020, ch. 794, § 16, effective August 1, 2020.

For the Preamble to the act concerning HOPE Lottery Scholarships and the Tennessee Promise and Reconnect programs, see Acts 2020, ch. 794.

Acts 2020, ch. 794, § 1 provided that the act, which repealed this part, shall be known and may be cited as the “Financial Aid Simplification for Tennesseans (FAST) Act”.

49-4-505. [Repealed.]

Acts 1977, ch. 282, § 1; 1983, ch. 338, § 9; T.C.A., § 49-5406; repealed by Acts 2020, ch. 794, § 16; effective August 1, 2020.

Compiler's Notes. Former Title 49, ch. 4, part 5, §§ 49-4-50149-4-508 (Acts 1977, ch. 282, § 1; 1980, ch. 711, § 16; 1983, ch. 338, §§ 5-7, 10, 11; T.C.A., §§ 49-5401 — 49-5404, 49-5407 — 49-5409) concerned Tennessee student assistance corporation and student loans, was repealed by Acts 2020, ch. 794, § 16, effective August 1, 2020.

For the Preamble to the act concerning HOPE Lottery Scholarships and the Tennessee Promise and Reconnect programs, see Acts 2020, ch. 794.

Acts 2020, ch. 794, § 1 provided that the act, which repealed this part, shall be known and may be cited as the “Financial Aid Simplification for Tennesseans (FAST) Act”.

49-4-506. [Repealed.]

Acts 1977, ch. 282, § 1; T.C.A., § 49-5407; repealed by Acts 2020, ch. 794, § 16; effective August 1, 2020.

Compiler's Notes. Former Title 49, ch. 4, part 5, §§ 49-4-50149-4-508 (Acts 1977, ch. 282, § 1; 1980, ch. 711, § 16; 1983, ch. 338, §§ 5-7, 10, 11; T.C.A., §§ 49-5401 — 49-5404, 49-5407 — 49-5409) concerned Tennessee student assistance corporation and student loans, was repealed by Acts 2020, ch. 794, § 16, effective August 1, 2020.

For the Preamble to the act concerning HOPE Lottery Scholarships and the Tennessee Promise and Reconnect programs, see Acts 2020, ch. 794.

Acts 2020, ch. 794, § 1 provided that the act, which repealed this part, shall be known and may be cited as the “Financial Aid Simplification for Tennesseans (FAST) Act”.

49-4-507. [Repealed.]

Acts 1977, ch. 282, § 1; 1983, ch. 338, § 10; T.C.A., § 49-5408; repealed by Acts 2020, ch. 794, § 16; effective August 1, 2020.

Compiler's Notes. Former Title 49, ch. 4, part 5, §§ 49-4-50149-4-508 (Acts 1977, ch. 282, § 1; 1980, ch. 711, § 16; 1983, ch. 338, §§ 5-7, 10, 11; T.C.A., §§ 49-5401 — 49-5404, 49-5407 — 49-5409) concerned Tennessee student assistance corporation and student loans, was repealed by Acts 2020, ch. 794, § 16, effective August 1, 2020.

For the Preamble to the act concerning HOPE Lottery Scholarships and the Tennessee Promise and Reconnect programs, see Acts 2020, ch. 794.

Acts 2020, ch. 794, § 1 provided that the act, which repealed this part, shall be known and may be cited as the “Financial Aid Simplification for Tennesseans (FAST) Act”.

49-4-508. [Repealed.]

Acts 1977, ch. 282, § 1; 1983, ch. 338, § 11; T.C.A., § 49-5409; repealed by Acts 2020, ch. 794, § 16; effective August 1, 2020.

Compiler's Notes. Former Title 49, ch. 4, part 5, §§ 49-4-50149-4-508 (Acts 1977, ch. 282, § 1; 1980, ch. 711, § 16; 1983, ch. 338, §§ 5-7, 10, 11; T.C.A., §§ 49-5401 — 49-5404, 49-5407 — 49-5409) concerned Tennessee student assistance corporation and student loans, was repealed by Acts 2020, ch. 794, § 16, effective August 1, 2020.

For the Preamble to the act concerning HOPE Lottery Scholarships and the Tennessee Promise and Reconnect programs, see Acts 2020, ch. 794.

Acts 2020, ch. 794, § 1 provided that the act, which repealed this part, shall be known and may be cited as the “Financial Aid Simplification for Tennesseans (FAST) Act”.

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.

Acts 1974, ch. 620, § 24; T.C.A., §§ 49-5024, 49-50-122.

Cross-References. Revocation of award, § 49-4-307.

Part 7
Miscellaneous Scholarship and Loan Programs

49-4-701. [Reserved.]

  1. 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. 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. For each year of continuous full-time teaching service in a nursing school in this state that has been approved by the state board of nursing in this state, the student shall receive a credit of twenty-five percent (25%) of the amount borrowed plus interest, or proportionate credit for part-time teaching service as defined by rules; and
    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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.

Acts 1974, ch. 620, § 5; T.C.A., §§ 49-5005, 49-50-105; Acts 2004, ch. 606, §§ 1, 2; 2006, ch. 882, § 1; 2009, ch. 566, § 12.

Compiler's Notes. Acts 2009, ch. 566, § 12 provided that the Tennessee code commission is directed to change all references to public necessity rules, wherever such references appear in this code, to emergency rules, as sections are amended and volumes are replaced.

49-4-703. [Reserved.]

  1. This section shall be known and may be cited as the “Dependent Children Scholarship Act.”
  2. As used in this section, unless the context otherwise requires:
    1. “Corporation” means the Tennessee student assistance corporation;
    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. “Educational institution” or “institution” means any institution in this state offering postsecondary vocational or undergraduate education that has been authorized to enroll students receiving grants of financial assistance from the corporation under the Tennessee student assistance program;
    4. “Emergency medical service technician” means an individual who possesses a valid certificate issued pursuant to title 68, chapter 140;
    5. “Firefighter” is defined as in § 4-24-201 or a bona fide member of a volunteer fire department;
    6. “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;
    7. “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
    8. “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.
  3. 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.
  4. 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.
  5. To the extent funds are available, the corporation shall award a scholarship to any eligible applicant for full-time postsecondary undergraduate or vocational study at an eligible educational institution. If funds are insufficient to provide scholarships to all eligible applicants, awards shall 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 shall include tuition and other required fees and allowances for books, supplies and room and board.
  6. 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 educational 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.
  7. 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 educational institution.
  8. 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 educational 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.
  9. 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.

Acts 1980, ch. 648, §§ 1-6; 1983, ch. 202, §§ 1-4; T.C.A., §§ 49-50-20149-50-206; Acts 1988, ch. 797, § 1; 1989, ch. 278, § 72; 1995, ch. 305, § 106; 1996, ch. 1079, § 140; 2020, ch. 794, §§ 17, 62.

Compiler's Notes. This section may be affected by § 9-1-116, concerning entitlement to funds, absent appropriation.

For the Preamble to the act concerning HOPE Lottery Scholarships and the Tennessee Promise and Reconnect programs, see Acts 2020, ch. 794.

Acts 2020, ch. 794, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Financial Aid Simplification for Tennesseans (FAST) Act”.

Amendments. The 2020 amendment, in the definition of “Resident”, inserted “as classified pursuant to § 49-8-104,” and deleted “, or a person who meets the standards established by the board of regents under the authority of § 49-8-104 for determining a student's residency for tuition purposes” following “permanently disabled”; and substituted “resident of this state” for “Tennessee resident” at the beginning of (c).

Effective Dates. Acts 2020, ch. 794, § 70 August 1, 2020.

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.

Acts 1986, ch. 812, § 2; 2020, ch. 794, § 18.

Compiler's Notes. For the Preamble to the act concerning HOPE Lottery Scholarships and the Tennessee Promise and Reconnect programs, see Acts 2020, ch. 794.

Acts 2020, ch. 794, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Financial Aid Simplification for Tennesseans (FAST) Act”.

Amendments. The 2020 amendment rewrote the section, which read: “The Tennessee student assistance corporation (TSAC) shall administer a scholarship program for Tennesseans who aspire to be exemplary teachers under the following terms and conditions: (1)  Awards made through this program shall be known as the Christa McAuliffe Scholarships; (2)  Funds for the scholarships will be made available through the annual accrued interest from the principal; (3)  TSAC shall develop criteria for the selection of Tennessee citizens with the abilities, interest and enthusiasm for teaching as a career; and (4)  Recipients of awards through the Christa McAuliffe Scholarship program shall apply such funds toward the cost of education at any public or private institution of higher education in this state offering a program of teacher education approved by the department of education for purposes of teacher certification.”

Effective Dates. Acts 2020, ch. 794, § 70.  August 1, 2020.

49-4-706. Minority teaching fellows program. [Effective until July 1, 2021. See the version effective on July 1, 2021.]

    1. The Tennessee student assistance corporation (TSAC) shall administer a minority teaching fellows program, not to exceed thirty-five (35) persons per class level per year, for talented Tennesseans who aspire to be teachers. Participation in the program at any time shall be limited to one hundred sixteen (116) fellows.
    2. Recipients must attend a higher education institution within the state, which institution must have an approved teacher education program as determined by the state board of education, or must enroll initially in a two-year college program that has transfer agreements with an approved teacher education program in this state.
    3. Recipients must pursue a baccalaureate degree program leading to licensure as a teacher.
    4. Each fellowship award shall be in the amount of five thousand dollars ($5,000) and shall be renewable up to three (3) times, contingent upon satisfactory academic performance.
      1. 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. TSAC 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. TSAC 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.
    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. 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.

Acts 1989, ch. 202, § 2; 1990, ch. 866, § 1; 1992, ch. 770, § 1; 1993, ch. 237, § 1; 1995, ch. 372, § 1; 1996, ch. 1037, § 1; 1997, ch. 396, § 1; 1998, ch. 661, § 1; 1999, ch. 391, §§ 3, 4; 2004, ch. 832, § 3.

49-4-706. Minority teaching fellows program. [Effective on July 1, 2021. See the version effective until July 1, 2021.]

    1. The Tennessee student assistance corporation (TSAC) shall administer a minority teaching fellows program for talented Tennesseans who aspire to be teachers.
    2. Participation in the minority teaching fellows program is limited to:
      1. 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. Students who received the minority teaching fellows program award prior to July 1, 2021, and who continue to maintain all eligibility requirements.
    3. Recipients must maintain continuous enrollment in a degree program 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. 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.
      1. 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. 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.
    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. 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.

Acts 1989, ch. 202, § 2; 1990, ch. 866, § 1; 1992, ch. 770, § 1; 1993, ch. 237, § 1; 1995, ch. 372, § 1; 1996, ch. 1037, § 1; 1997, ch. 396, § 1; 1998, ch. 661, § 1; 1999, ch. 391, §§ 3, 4; 2004, ch. 832, § 3; 2020, ch. 794, § 19.

Compiler's Notes. For the Preamble to the act concerning HOPE Lottery Scholarships and the Tennessee Promise and Reconnect programs, see Acts 2020, ch. 794.

Acts 2020, ch. 794, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Financial Aid Simplification for Tennesseans (FAST) Act”.

Amendments. The 2020 amendment, effective July 1, 2021, rewrote (a), which read:  “(a)(1) The Tennessee student assistance corporation (TSAC) shall administer a minority teaching fellows program, not to exceed thirty-five (35) persons per class level per year, for talented Tennesseans who aspire to be teachers. Participation in the program at any time shall be limited to one hundred sixteen (116) fellows.

“(2) Recipients must attend a higher education institution within the state, which institution must have an approved teacher education program as determined by the state board of education, or must enroll initially in a two-year college program that has transfer agreements with an approved teacher education program in this state.

“(3) Recipients must pursue a baccalaureate degree program leading to licensure as a teacher.

“(4) Each fellowship award shall be in the amount of five thousand dollars ($5,000) and shall be renewable up to three (3) times, contingent upon satisfactory academic performance.

“(5)(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.

“(B) TSAC 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. TSAC 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.”

Effective Dates. Acts 2020, ch. 794, § 70. July 1, 2021.

49-4-707. [Reserved.]

  1. This section shall be known and may be cited as the “Tennessee Promise Scholarship Act of 2014”.
  2. As used in this section:
    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. “Eligible high school” has the same meaning as defined in § 49-4-902;

      [Effective until August 1, 2023.]

    3. “Eligible postsecondary institution” means:
      1. A postsecondary institution that was:
        1. Eligible for the Tennessee education lottery scholarship, as defined in § 49-4-902, on July 1, 2013, and remains eligible thereafter; or
        2. Eligible for the Tennessee education lottery scholarship, as defined in § 49-4-902(11)(D), on July 1, 2013, and thereafter, that:
          1. Develops an eligible postsecondary program leading to an associate degree; and
          2. Is a member of an accrediting agency that is recognized by the United States department of education and the Council on Higher Education Accreditation; and
      2. A private, nonprofit technical school that:
        1. Has had its primary campus domiciled in this state for at least seventy-five (75) consecutive years;
        2. Is accredited by the council on occupational education; and
        3. In addition to offering diploma, certificate, and associate degree programs, offers a baccalaureate degree through an articulation agreement with a regionally accredited postsecondary institution;

        [Effective on August 1, 2023.]

      3. 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
      4. A private, nonprofit technical school that:
        1. Has had its primary campus domiciled in this state for at least seventy-five (75) consecutive years;
        2. Is accredited by the council on occupational education; and
        3. 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. “Eligible postsecondary program” means a curriculum of courses leading to a certificate, diploma, or associate degree at an eligible postsecondary institution. Courses taken at a four-year postsecondary institution prior to admission in, or that fulfill prerequisite requirements for, an eligible postsecondary program shall not be considered part of the eligible postsecondary program;
    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. “Gift aid” means financial aid received from the federal Pell grant, the Tennessee education lottery scholarship, or the Tennessee student assistance award;
    7. “Home school student” means a student who completed high school in a Tennessee home school associated with a church-related school as defined by § 49-50-801, or an independent home school student whose parent or guardian has given notice to the local director of a Tennessee school district under § 49-6-3050(b)(1) of intent to conduct a home school;
    8. “Resident” means a student classified as a resident of this state pursuant to § 49-8-104;
    9. “Semester” has the same meaning as defined in § 49-4-902;
    10. “Tennessee Promise scholarship student” means a student admitted to and enrolled in an eligible postsecondary program; and
    11. “TSAC” means the Tennessee student assistance corporation.
  3. 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. 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. Graduation from an eligible high school;
        2. Completion of high school as a Tennessee home school student;
        3. Obtaining a GED(R) or HiSET(R) diploma; provided, that the student obtains the GED(R) or HiSET(R) diploma prior to the student reaching nineteen (19) years of age; or
        4. 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); and
      2. Exceptions to initial enrollment may be made for extenuating circumstances as provided in rules promulgated by TSAC;
    1. 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;
    2. 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;
    3. 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;
    4. 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;
    5. 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);
    6. 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;
      1. A student shall be eligible for the Tennessee Promise scholarship until the occurrence of the first of the following events:
        1. The student has earned a certificate, diploma or associate degree; or
        2. 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. 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. The student has earned a certificate, diploma or associate degree; or
        2. 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;
      1. 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. 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;
    7. 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
    8. 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.
  4. 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. 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. The trustees of the trust shall be as follows:
      1. The governor, or a member of the governor's cabinet or a cabinet-level staff member who is designated by the governor;
      2. The state treasurer or the treasurer's designee;
      3. The comptroller of the treasury or the comptroller's designee;
      4. The secretary of state or the secretary's designee;
      5. The commissioner of finance and administration or the commissioner's designee;
      6. The chair of the finance, ways and means committee of the house of representatives or the chair's designee;
      7. The chair of the finance, ways and means committee of the senate or the chair's designee; and
      8. One (1) member appointed by the governor who shall serve at the pleasure of the governor;
    3. The state treasurer shall serve as the chair of the trustees and shall preside over all meetings and proceedings of the trustees;
    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. The trust shall be initially funded in fiscal year 2014-2015 by a deposit of:
      1. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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.
  5. 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 shall report its findings annually to the education committee of the senate and the education committee of the house of representatives by March 15.
  6. 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 committee of the house of representatives.
  7. 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.
    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.
      1. 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. 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.

“Eligible postsecondary institution” means:

Acts 2013, ch. 98, § 2; 2014, ch. 900, § 1; 2015, ch. 182, §§ 36, 37; 2015, ch. 186, §§ 1-11; 2016, ch. 750, § 1; 2016, ch. 752, § 1; 2016, ch. 971, §§ 1-3; 2018, ch. 558, § 1; 2018, ch. 818, § 1; 2019, ch. 385, §§ 1, 2; 2019, ch. 345, § 92; 2020, ch. 794, §§ 21, 23, 24, 63.

Compiler's Notes. For the preamble to the act concerning the Tennessee Promise Scholarship Act of 2014, please refer to Acts 2014, ch. 900.

Acts 2014, ch. 900, § 2 provided that the TSAC is authorized to promulgate rules to effectuate the purposes of § 49-4-708, including the determination of student eligibility and for the distribution of funds appropriated for scholarships under the program. Such rules shall include adjustments to scholarship amounts and student eligibility in the event that net proceeds from the trust account established under this section are insufficient to fund fully the Tennessee Promise scholarship program. All such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2016, ch. 971, § 4 provided that the act, which amended this section, shall apply to students seeking Tennessee Promise scholarships for their initial year of enrollment in the 2016-2017 academic year and in academic years thereafter.

Acts 2018, ch. 818, § 2 provided that the act, which amended subdivision (b)(3) of this section, shall be repealed on August 1, 2023.

The 2018 amendment by ch. 818, effective at 12:05 a.m. on August 1, 2018, until August 1, 2023,  in (b)(3), redesignated the existing language as the present introductory language and (b)(3)(A); added “or” at the end of present (b)(3)(A); and added (b)(3)(B).

Acts 2019, ch. 385, § 3 provided that: “For purposes of promulgating rules, this act shall take effect upon becoming a law, the public welfare requiring it. Section 1 of this act shall take effect July 1, 2019, the public welfare requiring it. Section 2 of this act shall take effect August 1, 2023, the public welfare requiring it.” This Act became law on May 10, 2019.

For the Preamble to the act concerning HOPE Lottery Scholarships and the Tennessee Promise and Reconnect programs, see Acts 2020, ch. 794.

Acts 2020, ch. 794, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Financial Aid Simplification for Tennesseans (FAST) Act”.

Amendments. The 2020 amendment rewrote the definition of “Resident”, which read: “‘Resident’ means a student as defined by regulations promulgated by the board of regents under § 49-8-104”; substituted “residents of this state” for Tennessee residents” in (c); inserted “certificate,” in (c)(8)(A)(i) and (c)(8)(B)(i); and substituted “certificate, diploma, or associate degree” for “diploma or degree” in (c)(8)(B)(ii).

Effective Dates. Acts 2016, ch. 750, § 2. July 1, 2016.

Acts 2016, ch. 752, § 2. April 12, 2016.

Acts 2016, ch. 971, § 4. April 27, 2016.

Acts 2018, ch. 558, § 2. March 14, 2018.

Acts 2018, ch. 818, § 2. August 1, 2018, at 12:05 a.m.

Acts 2019 ch. 345, § 148. May 10, 2019.

Acts 2019, ch. 385, § 3. July 1, 2019 and August 1, 2023; provided that for purposes of promulgating rules, the act took effect May 10, 2019. See the Compiler's notes.

Acts 2020, ch. 794, § 70. August 1, 2020.

Cross-References. Reporting requirement satisfied by notice to general assembly members of publication of report, § 3-1-114.

Attorney General Opinions. House Bill 660/Senate Bill 635, 110th Gen. Assem. (2017), which would grant the governing body of each state institution of higher education the authority “to determine the qualifications that students must possess to be eligible for payment of in-state tuition and fees,” would not permit individual state institutions of higher education to make unlawful aliens eligible for in-state tuition. That action would remain prohibited by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 8 U.S.C. § 1621. Accordingly, the proposed legislation would not implicate or affect other provisions of federal or state law related to unlawful aliens or postsecondary education benefits, including the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. § 1623, and the Hope Scholarship, and Tennessee Promise programs. OAG 17-53, 2017 Tenn. AG LEXIS 55 (12/6/2017).

49-4-708. Tennessee Promise Scholarship Act of 2014. [Effective on July 1, 2021. See the version effective until July 1, 2021.]

  1. This section shall be known and may be cited as the “Tennessee Promise Scholarship Act of 2014”.
  2. As used in this section:
    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. “Eligible high school” has the same meaning as defined in § 49-4-902;

      [Effective until August 1, 2023.]

    3. “Eligible postsecondary institution” means:
      1. A postsecondary institution that was:
        1. Eligible for the Tennessee education lottery scholarship, as defined in § 49-4-902, on July 1, 2013, and remains eligible thereafter; or
        2. Eligible for the Tennessee education lottery scholarship, as defined in § 49-4-902(11)(D), on July 1, 2013, and thereafter, that:
          1. Develops an eligible postsecondary program leading to an associate degree; and
          2. Is a member of an accrediting agency that is recognized by the United States department of education and the Council on Higher Education Accreditation; and
      2. A private, nonprofit technical school that:
        1. Has had its primary campus domiciled in this state for at least seventy-five (75) consecutive years;
        2. Is accredited by the council on occupational education; and
        3. In addition to offering diploma, certificate, and associate degree programs, offers a baccalaureate degree through an articulation agreement with a regionally accredited postsecondary institution;

        [Effective on August 1, 2023.]

      3. 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
      4. A private, nonprofit technical school that:
        1. Has had its primary campus domiciled in this state for at least seventy-five (75) consecutive years;
        2. Is accredited by the council on occupational education; and
        3. 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. “Eligible program of study” means, beginning with the fall semester of 2021, a federal Title IV-eligible curriculum of courses leading to a certificate, diploma, or associate degree at an eligible postsecondary institution. Courses taken at a four-year postsecondary institution prior to admission in, or that fulfill prerequisite requirements for, an eligible program of study are not considered part of the eligible program of study;
    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. “Gift aid” means financial aid received from the federal Pell grant, the Tennessee education lottery scholarship, or the Tennessee student assistance award;
    7. “Home school student” means a student who completed high school in a Tennessee home school associated with a church-related school as defined by § 49-50-801, or an independent home school student whose parent or guardian has given notice to the local director of a Tennessee school district under § 49-6-3050(b)(1) of intent to conduct a home school;
    8. “Resident” means a student classified as a resident of this state pursuant to § 49-8-104;
    9. “Semester” has the same meaning as defined in § 49-4-902;
    10. “Tennessee Promise scholarship student” means a student admitted to and enrolled in an eligible program of study; and
    11. “TSAC” means the Tennessee student assistance corporation.
  3. 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. 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. Graduation from an eligible high school;
        2. Completion of high school as a Tennessee home school student;
        3. Obtaining a GED(R) or HiSET(R) diploma; provided, that the student obtains the GED(R) or HiSET(R) diploma prior to the student reaching nineteen (19) years of age; or
        4. 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); and
      2. Exceptions to initial enrollment may be made for extenuating circumstances as provided in rules promulgated by TSAC;
    1. 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;
    2. 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;
    3. 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;
    4. 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;
    5. 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);
    6. 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;
      1. A student shall be eligible for the Tennessee Promise scholarship until the occurrence of the first of the following events:
        1. The student has earned a certificate, diploma or associate degree; or
        2. 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. 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. The student has earned a certificate, diploma or associate degree; or
        2. 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;
      1. 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. 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;
    7. 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
    8. 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.
  4. 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. 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. The trustees of the trust shall be as follows:
      1. The governor, or a member of the governor's cabinet or a cabinet-level staff member who is designated by the governor;
      2. The state treasurer or the treasurer's designee;
      3. The comptroller of the treasury or the comptroller's designee;
      4. The secretary of state or the secretary's designee;
      5. The commissioner of finance and administration or the commissioner's designee;
      6. The chair of the finance, ways and means committee of the house of representatives or the chair's designee;
      7. The chair of the finance, ways and means committee of the senate or the chair's designee; and
      8. One (1) member appointed by the governor who shall serve at the pleasure of the governor;
    3. The state treasurer shall serve as the chair of the trustees and shall preside over all meetings and proceedings of the trustees;
    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. The trust shall be initially funded in fiscal year 2014-2015 by a deposit of:
      1. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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.
  5. 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 shall report its findings annually to the education committee of the senate and the education committee of the house of representatives by March 15.
  6. 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 committee of the house of representatives.
  7. 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.
    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.
      1. 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. 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.

“Eligible postsecondary institution” means:

Acts 2013, ch. 98, § 2; 2014, ch. 900, § 1; 2015, ch. 182, §§ 36, 37; 2015, ch. 186, §§ 1-11; 2016, ch. 750, § 1; 2016, ch. 752, § 1; 2016, ch. 971, §§ 1-3; 2018, ch. 558, § 1; 2018, ch. 818, § 1; 2019, ch. 385, §§ 1, 2; 2019, ch. 345, § 92; 2020, ch. 794, §§ 20-24, 63.

Compiler's Notes. For the preamble to the act concerning the Tennessee Promise Scholarship Act of 2014, please refer to Acts 2014, ch. 900.

Acts 2014, ch. 900, § 2 provided that the TSAC is authorized to promulgate rules to effectuate the purposes of § 49-4-708, including the determination of student eligibility and for the distribution of funds appropriated for scholarships under the program. Such rules shall include adjustments to scholarship amounts and student eligibility in the event that net proceeds from the trust account established under this section are insufficient to fund fully the Tennessee Promise scholarship program. All such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2016, ch. 971, § 4 provided that the act, which amended this section, shall apply to students seeking Tennessee Promise scholarships for their initial year of enrollment in the 2016-2017 academic year and in academic years thereafter.

Acts 2018, ch. 818, § 2 provided that the act, which amended subdivision (b)(3) of this section, shall be repealed on August 1, 2023.

The 2018 amendment by ch. 818, effective at 12:05 a.m. on August 1, 2018, until August 1, 2023,  in (b)(3), redesignated the existing language as the present introductory language and (b)(3)(A); added “or” at the end of present (b)(3)(A); and added (b)(3)(B).

Acts 2019, ch. 385, § 3 provided that: “For purposes of promulgating rules, this act shall take effect upon becoming a law, the public welfare requiring it. Section 1 of this act shall take effect July 1, 2019, the public welfare requiring it. Section 2 of this act shall take effect August 1, 2023, the public welfare requiring it.” This Act became law on May 10, 2019.

For the Preamble to the act concerning HOPE Lottery Scholarships and the Tennessee Promise and Reconnect programs, see Acts 2020, ch. 794.

Acts 2020, ch. 794, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Financial Aid Simplification for Tennesseans (FAST) Act”.

Amendments. The 2020 amendment, effective August 1, 2020, rewrote the definition of “Resident”, which read: “‘Resident’ means a student as defined by regulations promulgated by the board of regents under § 49-8-104”; substituted “residents of this state” for Tennessee residents” in (c); inserted “certificate,” in (c)(8)(A)(i) and (c)(8)(B)(i); and substituted “certificate, diploma, or associate degree” for “diploma or degree” in (c)(8)(B)(ii); and, effective July 1, 2021, rewrote (b)(4), which read: “‘Eligible postsecondary program’ means a curriculum of courses leading to a certificate, diploma, or associate degree at an eligible postsecondary institution. Courses taken at a four-year postsecondary institution prior to admission in, or that fulfill prerequisite requirements for, an eligible postsecondary program shall not be considered part of the eligible postsecondary program;” and rewrote (b)(10), which read:  “‘Tennessee Promise scholarship student’ means a student admitted to and enrolled in an eligible postsecondary program; and”.

Effective Dates. Acts 2016, ch. 750, § 2. July 1, 2016.

Acts 2016, ch. 752, § 2. April 12, 2016.

Acts 2016, ch. 971, § 4. April 27, 2016.

Acts 2018, ch. 558, § 2. March 14, 2018.

Acts 2018, ch. 818, § 2. August 1, 2018, at 12:05 a.m.

Acts 2019 ch. 345, § 148. May 10, 2019.

Acts 2019, ch. 385, § 3. July 1, 2019 and August 1, 2023; provided that for purposes of promulgating rules, the act took effect May 10, 2019. See the Compiler's notes.

Acts 2020, ch. 794, § 70. August 1, 2020 and July 1, 2021.

Cross-References. Reporting requirement satisfied by notice to general assembly members of publication of report, § 3-1-114.

Attorney General Opinions. House Bill 660/Senate Bill 635, 110th Gen. Assem. (2017), which would grant the governing body of each state institution of higher education the authority “to determine the qualifications that students must possess to be eligible for payment of in-state tuition and fees,” would not permit individual state institutions of higher education to make unlawful aliens eligible for in-state tuition. That action would remain prohibited by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 8 U.S.C. § 1621. Accordingly, the proposed legislation would not implicate or affect other provisions of federal or state law related to unlawful aliens or postsecondary education benefits, including the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. § 1623, and the Hope Scholarship, and Tennessee Promise programs. OAG 17-53, 2017 Tenn. AG LEXIS 55 (12/6/2017).

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.”

Acts 1993, ch. 486, § 2; 2004, ch. 718, § 1.

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.

Acts 1993, ch. 486, § 3; 2003, ch. 128, § 1.

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.

Acts 1993, ch. 486, § 4.

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.

Acts 1993, ch. 486, § 5; 2003, ch. 128, § 2.

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.

Acts 2003, ch. 298, § 1.

Compiler's Notes. Acts 2003, ch. 298, § 2 provided that:

“(1)  The citizens of Tennessee in November 2002 approved an amendment to the Constitution of Tennessee to permit a state lottery, if the net proceeds of such lottery are used to provide financial assistance to Tennesseans to enable them to attend postsecondary institutions in this state, with excess proceeds used for capital outlay projects for K-12 educational facilities and early learning and after school programs;

“(2)  The availability of such financial assistance for postsecondary education should be structured to inspire students from a very early age to aspire to academic excellence in order to attend institutions of higher education;

“(3)  Such financial assistance should assist Tennesseans without the means the opportunity to attend institutions of higher education;

“(4)  Such financial assistance should be designed to increase the number of Tennesseans holding associate and baccalaureate degrees;

“(5)  The ultimate goal of such financial assistance should be to improve quality of life for all Tennesseans and to enhance the desirability of Tennessee as a place without equal in which to live and work; and

“(6)  The decision as to how to provide such financial assistance should be made after thorough study and deliberation.”

Acts 2003, ch. 298, § 3 provided for the creation, membership and duties of a special joint committee to study the manner in which financial assistance for Tennesseans to attend postsecondary institutions in Tennessee shall be provided from net lottery proceeds of the state lottery.

Cross-References. Early childhood development act, § 37-3-701 et seq.

Law enforcement efforts, § 39-15-413.

Lotteries, Tenn. Const., art. XI, § 5.

Lotteries, chain letters and pyramid clubs, § 39-17-506.

Lottery not gambling, § 8-47-127.

Lottery sales, title 39, ch. 17, part 6.

Possession of gambling device or record, forfeiture, § 39-17-505.

Tennessee Education Lottery Corporation, title 4, ch. 51, part 1.

Tennessee Education Lottery Implementation Law, title 4, ch. 51.

Tennessee Lottery Funds for Education Projects Loan Act of 2003, title 4, ch. 31, part 10.

Law Reviews.

Let the Games Begin: Examining the Lottery (John P. Williams), 39 No. 11 Tenn. B.J. 18 (2003).

Attorney General Opinions. House Bill 660/Senate Bill 635, 110th Gen. Assem. (2017), which would grant the governing body of each state institution of higher education the authority “to determine the qualifications that students must possess to be eligible for payment of in-state tuition and fees,” would not permit individual state institutions of higher education to make unlawful aliens eligible for in-state tuition. That action would remain prohibited by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 8 U.S.C. § 1621. Accordingly, the proposed legislation would not implicate or affect other provisions of federal or state law related to unlawful aliens or postsecondary education benefits, including the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. § 1623, and the Hope Scholarship, and Tennessee Promise programs. OAG 17-53, 2017 Tenn. AG LEXIS 55 (12/6/2017).

49-4-902. Part definitions. [Effective until July 1, 2021. See the version effective on July 1, 2021.]

As used in this part, unless the context otherwise requires:

  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. “Academic year” means:
    1. For students who first received the Tennessee HOPE scholarship, the Tennessee HOPE access grant or Tennessee HOPE scholarship for nontraditional students in the fall semester 2009 or thereafter, three (3) consecutive semesters beginning with a fall semester and including the immediately following spring and summer semesters. This definition shall apply to the award of the Tennessee HOPE scholarship, the Tennessee HOPE access grant or Tennessee HOPE scholarship for nontraditional students beginning with the fall semester 2011 for students;
    2. For students who first received the Tennessee HOPE scholarship, the Tennessee HOPE access grant or Tennessee HOPE scholarship for nontraditional students prior to the fall semester 2009, a period of time, typically nine (9) months, in which a full-time student is expected to complete the equivalent of at least two (2) semesters of academic work;
  3. “ACT” means the ACT assessment administered by ACT;
  4. “Adjusted gross income attributable to the student” or “student's adjusted gross income” means:
    1. 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. 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. “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. “Certificate” or “diploma” means a credential, other than a degree, the receipt of which indicates satisfactory completion of training in a program of study offered by a Tennessee college of applied technology operated by the board of regents of the state university and community college system;
  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. “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. “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. “Eligible high school” means:
    1. A Tennessee public secondary school;
    2. 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. 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. 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. An out-of-state boarding school attended by a bona fide resident of this state that is accredited by:
      1. A regional accrediting association; or
      2. A member of the National Association of Independent Schools Commission on Accreditation;
  11. “Eligible independent postsecondary institution” means:
    1. 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. [Deleted by 2020 amendment.]
    3. [Deleted by 2020 amendment.]
    4. A private four-year postsecondary institution that:
      1. Has been chartered in this state as a not-for-profit entity for at least one hundred (100) years;
      2. Has had its primary campus domiciled in this state for at least one hundred twenty-five (125) years;
      3. Awards baccalaureate degrees; and
      4. 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
    5. A private postsecondary institution accredited by a regional accrediting association that has its primary campus domiciled in this state;
  12. “Eligible postsecondary institution” means an eligible independent postsecondary institution or an eligible public postsecondary institution;
  13. “Eligible public postsecondary institution” means:
    1. An institution operated by the board of regents of the state university and community college system; or
    2. An institution in the University of Tennessee system;
  14. “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 GED(R) or HiSET(R);
  15. “FAFSA” means the Free Application for Federal Student Aid;
  16. “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;
  17. “Full-time equivalent semester” means any semester in which a student is enrolled full-time and receives a Tennessee HOPE scholarship. A semester in which a part-time student attempts six (6), seven (7) or eight (8) semester hours and receives a Tennessee HOPE scholarship shall be counted as one-half (½) of a full-time equivalent semester. A semester in which a part-time student attempts nine (9), ten (10), or eleven (11) semester hours and receives a Tennessee HOPE scholarship shall be counted as three-fourths (¾) of a full-time equivalent semester;
  18. “Full-time student” means a student attending a postsecondary educational institution and enrolled for at least twelve (12) semester hours during each semester of attendance;
  19. “GED(R)” means a general educational development credential awarded by a state-approved institution or organization;
  20. [Deleted by 2020 amendment.]
  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. “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. “Grade point average” means the numbered grade average calculated using a 4.0 scale;
  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)(16);
  25. “HiSET(R)” means the High School Equivalency Test credential awarded by a state-approved institution or organization;
  26. “Home school student” means a student who completed high school in a Tennessee home school program meeting the requirements of § 49-6-3050(a)(2) or (a)(3) or § 49-6-3050(b). For one (1) year immediately preceding completion of high school as a home school student, the student shall have been a student in a home school;
  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. “Nonacademic requirement” means any scholarship eligibility requirement other than an academic requirement;
  29. “Nontraditional student” means a student who:
      1. Is at least twenty-five (25) years of age; and
      2. Enrolls in an eligible postsecondary institution prior to August 1, 2018:
  1. As an entering freshman; or
  2. At least two (2) years after last attending any postsecondary institution;

(i)  Is at least twenty-five (25) years of age; and

Enrolls in a baccalaureate degree program at an eligible four-year postsecondary institution on or after August 1, 2018:

As an entering freshman; or

At least two (2) years after last attending any postsecondary institution; or

Enrolls in a baccalaureate degree program at an eligible four-year postsecondary institution on or after August 1, 2018, while maintaining continuous enrollment following completion of an associate degree under the Tennessee reconnect grant, established under § 49-4-944;

“Parent” means the parent or guardian of a student;

“Part-time student” means a student attending a postsecondary educational institution and enrolled for at least six (6) semester hours, but less than twelve (12) semester hours, during a semester of attendance;

“Regional accrediting association” means:

The Middle States Commission on Higher Education;

The New England Commission on Higher Education;

The Higher Learning Commission;

The Northwest Commission on Colleges and Universities;

The Southern Association of Colleges and Schools; or

The Western Association of Schools and Colleges;

“SAT” means the Scholastic Aptitude Test administered by the College Board;

“Scholarship” means a Tennessee HOPE scholarship or a Tennessee HOPE access grant;

“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;

“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 GED(R) or HiSET(R);

“Student who has obtained a GED(R) or HiSET(R)” means a student who was a resident of this state for at least one (1) year prior to obtaining a GED(R) or HiSET(R);

“Tennessee HOPE access grant” means a grant for study in pursuit of an associate or baccalaureate 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;

“Tennessee HOPE scholarship” means a scholarship for study in pursuit of an associate or baccalaureate degree at an eligible postsecondary institution that is funded from net proceeds of the state lottery and awarded under this part;

“THEC” means the Tennessee higher education commission;

“Title IV” means Title IV of the Higher Education Act of 1965, (20 U.S.C. § 1070 et seq.);

“TSAC” means the Tennessee student assistance corporation;

“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

“Wilder-Naifeh technical skills grant” means a grant for study in pursuit of a certificate or diploma 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.

Acts 2003, ch. 298, § 1; 2004, ch. 840, §§ 1, 2, 26; 2004, ch. 881, § 8; 2005, ch. 481, §§ 1, 4, 27; 2006, ch. 977, § 2; 2008, ch. 1142, §§ 1, 2, 14, 25; 2010, ch. 1141, § 1; 2011, ch. 437, § 1; 2012, ch. 1095, §§ 1, 2; 2013, ch. 361, § 1; 2013, ch. 473, § 13; 2014, ch. 592, § 1; 2014, ch. 954, § 1; 2014, ch. 900, §§ 3, 4; 2015, ch. 495, §§ 1-3; 2017, ch. 405, § 1; 2017, ch. 448, § 2; 2018, ch. 695, § 2; 2020, ch. 794, §§ 26, 29, 60, 61, 64–66.

Code Commission Notes.

Former subdivision (10)(B)(2), concerning eligibility of high schools that are candidates for full accreditation status, was deleted as obsolete by the code commission in 2009.

Compiler's Notes. The URL of the website for the Tennessee student assistance corporation (TSAC) is http://www.tn.gov/tsac/.

Acts 2004, ch. 840, § 30(a) provided that the amendment of subdivision (32) (now (24)) by § 26 of that act shall apply to students seeking financial assistance from lottery proceeds for the 2005-2006 school year and thereafter.

Acts 2004, ch. 840, § 30(b) provided that the amendment of subdivisions (6) and (7) (now (7) and (10)) by §§ 1 and 2 of that act shall apply to students seeking financial assistance from lottery proceeds for the 2004-2005 school year and thereafter.

Acts 2006, ch. 977, § 5 provided that the Tennessee student assistance corporation is authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2006, ch. 977, § 6 provided that the provisions of the act shall not be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to the act unless such funds are specifically appropriated by the general appropriations act.  Appropriations were provided by Acts 2006, ch. 963.

Acts 2008, ch. 1142, § 23 provided that it is the legislative intent, when additional net lottery proceeds become available in a subsequent fiscal year, that the next funding priority should be adding additional semesters to the established eligibility retention requirements for the Tennessee HOPE scholarship for students who earn a cumulative 2.75 grade point average.

Acts 2008, ch. 1142, § 24 provided that, subject to appropriation by the general assembly, it is the legislative intent that six million eight hundred thousand dollars ($6,800,000) from the lottery for education account may be used to supplement student assistance awards each year.

Acts 2008, ch. 1142, § 27 provided that: (a) TSAC is authorized to promulgate rules and regulations to effectuate the purposes of the act. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

THEC is authorized to promulgate rules and regulations to effectuate the purposes of the act. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2008, ch. 1142, § 28 provided that the act shall not be construed to be an appropriation of funds and that no funds shall be obligated or expended pursuant to the act unless the funds are specifically appropriated by the general appropriations act.

Acts 2008, ch. 1142, § 30 provided that § 1 of the act, which amended the definition of nontraditional student, shall apply to students seeking postsecondary financial assistance from net lottery proceeds for the 2008-2009 academic year and academic years thereafter.

Acts 2010, ch. 1141, § 2 provided that for the 2010-2011 academic year, eligibility for a Tennessee HOPE scholarship at private postsecondary institutions that were not eligible independent postsecondary institutions during the 2009-2010 academic year, but which qualify as eligible independent postsecondary institutions for the 2010-2011 academic year as the result of the modifications made to the definition of “eligible independent postsecondary institution” in § 49-4-902, shall be limited to only those students who meet all applicable academic and general requirements for the scholarship and who are entering freshmen. TSAC shall publish this restriction concerning scholarship eligibility for the 2010-2011 academic year at such institutions on its website and in any publication, published after June 30, 2010, which indicates that such institutions are eligible independent postsecondary institutions for the 2010-2011 academic year. Any such institution shall publish this restriction concerning scholarship eligibility for the 2010-2011 academic year on its website and in any publication which indicates that such institution is an eligible independent postsecondary institution for the 2010-2011 academic year.

Acts 2010, ch. 1141, § 3 provided that the act, which amended the definition of “eligible independent postsecondary institution”, shall apply to students seeking postsecondary financial assistance from net lottery proceeds for academic year 2010-2011 and academic years thereafter.

Acts 2011, ch. 437, § 7 provided that the act, which amended the definition of “academic year”, shall apply to scholarships and grants awarded for the fall semester of 2011 and thereafter.

Acts 2013, ch. 361, § 2 provided that the act, which amended the definition of “home school student”, shall apply to students applying for postsecondary financial assistance from net lottery proceeds for the 2013-2014 academic year and academic years thereafter.

For the preamble to the act concerning the Tennessee Promise Scholarship Act of 2014, please refer to Acts 2014, ch. 900.

Acts 2014, ch. 954, § 2 provided that the act, which rewrote (E) in the definition of “eligible high school”, shall apply to students seeking postsecondary financial assistance from net lottery proceeds for the 2014-2015 academic year and academic years thereafter.

Acts 2017, ch. 405, § 3 provided that TSAC, in consultation with the state board of education, is authorized to promulgate rules to effectuate the purposes of this act. The rules shall be promulgated in  accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2017, ch. 405, § 4 provided that the act, which amended this section,  shall not be construed to be an appropriation of funds, and no funds shall be obligated or expended pursuant to this act unless the funds are specifically appropriated by the general appropriations act.

Acts 2017, ch. 448, § 9 provided that TSAC is authorized to promulgate rules to effectuate the purposes of this act, which amended this section, including the determination of student eligibility, leaves of absences, and the distribution of funds appropriated for grants under the program. All such rules shall be promulgated in  accordance with the Uniform Administrative Procedures Act compiled in title 4, chapter 5.

For the Preamble to the act concerning HOPE Lottery Scholarships and the Tennessee Promise and Reconnect programs, see Acts 2020, ch. 794.

Acts 2020, ch. 794, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Financial Aid Simplification for Tennesseans (FAST) Act”.

Amendments. The 2020 amendment in the definition of “Eligible independent postsecondary institution” deleted (B), which read:  “(B)(i) A private postsecondary institution accredited by a regional accrediting association that has its primary campus domiciled in this state; provided, however, that a postsecondary institution that was an eligible independent postsecondary institution and whose students received funds from the Tennessee education lottery scholarships prior to the amendment of this subdivision (11)(B) by the enactment of chapter 1142 of the Public Acts of 2008 shall remain an eligible postsecondary institution, until June 30, 2016, so long as the institution remains accredited by the Southern Association of Colleges and Schools;

“(ii) A postsecondary institution that, pursuant to this subdivision (11)(B), shall cease to be an eligible independent postsecondary institution after June 30, 2016, shall include on its website and in any literature for students or prospective students a statement that students attending the institution after June 30, 2016, shall not be able to receive Tennessee HOPE scholarships for study at the institution. TSAC shall include the same information on its website and in any Tennessee HOPE scholarship informational brochures in which the eligible postsecondary institutions are listed. Such information shall be posted on the institution’s website and on TSAC’s website within thirty (30) days of May 21, 2012, and in any literature published by the institution or in any brochure with a list of eligible postsecondary institutions published by TSAC after May 21, 2012;” deleted (C), which read:  “(C) A private, four-year or two-year postsecondary institution that:

“(i) Has been chartered in this state as a not-for-profit entity for at least thirty (30) consecutive years;

“(ii) Has had its primary campus domiciled in this state for at least thirty (30) consecutive years;

“(iii) Is a member of an accrediting agency that is recognized by the United States department of education and the Council on Higher Education Accreditation;

“(iv) Awards associate or baccalaureate degrees; and

“(v) Has an articulation agreement with an institution of the state university and community college system or the University of Tennessee system; or”; and added (E); substituted “High school” for “Weighted” in the definition “High school grade point average”; in the definition of “Regional accrediting association”, substituted “Commission on Higher Education” for “Association of Colleges and Schools” twice, “Higher Learning Commission” for “North Central Association of Colleges and Schools”, and “Northwest Commission on Colleges and Universities” for “Northwestern Association of Schools and Colleges”; deleted the definition of “General assembly civic education scholarship”, which read: “‘General assembly civic education scholarship' means the scholarship funded from net lottery proceeds and awarded under § 49-4-939 to meet the goals of the general assembly to promote and encourage civic learning and participation in community and government by high school students;”; in the definition for “Eligible high school”, substituted “residents of this state” for “Tennessee residents” in (D) and substituted “resident of this State” for “Tennessee resident” in (E); and substituted “resident of this state” for “Tennessee resident” in the definition of “Student who has obtained a GED(R) or HiSET(R)”.

Effective Dates. Acts 2020, ch. 794, § 70. August 1, 2020.

Attorney General Opinions. The requirement that home school students be enrolled in a Tennessee home school program for two years prior to graduation in order to be eligible for the HOPE scholarship would likely be upheld against any constitutional challenge.  OAG 13-53, 2013 Tenn. AG LEXIS 56 (7/10/13).

Uniform Grading Policy and HOPE Scholarship Eligibility. OAG 15-58, 2015 Tenn. AG LEXIS 59  (7/14/15).

49-4-902. Part definitions. [Effective on July 1, 2021. See the version effective until July 1, 2021.]

As used in this part, unless the context otherwise requires:

  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. “Academic year” means:
    1. For students who first received the Tennessee HOPE scholarship, the Tennessee HOPE access grant or Tennessee HOPE scholarship for nontraditional students in the fall semester 2009 or thereafter, three (3) consecutive semesters beginning with a fall semester and including the immediately following spring and summer semesters. This definition shall apply to the award of the Tennessee HOPE scholarship, the Tennessee HOPE access grant or Tennessee HOPE scholarship for nontraditional students beginning with the fall semester 2011 for students;
    2. For students who first received the Tennessee HOPE scholarship, the Tennessee HOPE access grant or Tennessee HOPE scholarship for nontraditional students prior to the fall semester 2009, a period of time, typically nine (9) months, in which a full-time student is expected to complete the equivalent of at least two (2) semesters of academic work;
  3. “ACT” means the ACT assessment administered by ACT;
  4. “Adjusted gross income attributable to the student” or “student's adjusted gross income” means:
    1. 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. 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. “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. “Certificate” or “diploma” means a credential, other than a degree, the receipt of which indicates satisfactory completion of training in a program of study offered by a Tennessee college of applied technology operated by the board of regents of the state university and community college system;
  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. “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. “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. “Eligible high school” means:
    1. A Tennessee public secondary school;
    2. 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. 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. 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. An out-of-state boarding school attended by a bona fide resident of this state that is accredited by:
      1. A regional accrediting association; or
      2. A member of the National Association of Independent Schools Commission on Accreditation;
  11. “Eligible independent postsecondary institution” means:
    1. 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. [Deleted by 2020 amendment.]
    3. [Deleted by 2020 amendment.]
    4. A private four-year postsecondary institution that:
      1. Has been chartered in this state as a not-for-profit entity for at least one hundred (100) years;
      2. Has had its primary campus domiciled in this state for at least one hundred twenty-five (125) years;
      3. Awards baccalaureate degrees; and
      4. 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
    5. A private postsecondary institution accredited by a regional accrediting association that has its primary campus domiciled in this state;
  12. “Eligible postsecondary institution” means an eligible independent postsecondary institution or an eligible public postsecondary institution;
  13. “Eligible program of study” means, beginning with the fall semester of 2021, a federal Title IV-eligible curriculum of courses leading to a certificate, diploma, or an associate or baccalaureate degree at an eligible postsecondary institution;
  14. “Eligible public postsecondary institution” means:
    1. An institution operated by the board of regents of the state university and community college system; or
    2. An institution in the University of Tennessee system;
  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 GED(R) or HiSET(R);
  16. “FAFSA” means the Free Application for Federal Student Aid;
  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. “Full-time equivalent semester” means any semester in which a student is enrolled full-time and receives a Tennessee HOPE scholarship. A semester in which a part-time student attempts six (6), seven (7) or eight (8) semester hours and receives a Tennessee HOPE scholarship shall be counted as one-half (½) of a full-time equivalent semester. A semester in which a part-time student attempts nine (9), ten (10), or eleven (11) semester hours and receives a Tennessee HOPE scholarship shall be counted as three-fourths (¾) of a full-time equivalent semester;
  19. “Full-time student” means a student attending a postsecondary educational institution and enrolled for at least twelve (12) semester hours during each semester of attendance;
  20. “GED(R)” means a general educational development credential awarded by a state-approved institution or organization;
  21. [Deleted by 2020 amendment.]
  22. “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;
  23. “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;
  24. “Grade point average” means the numbered grade average calculated using a 4.0 scale;
  25. “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)(16); and
  26. “HiSET(R)” means the High School Equivalency Test credential awarded by a state-approved institution or organization;
  27. “Home school student” means a student who completed high school in a Tennessee home school program meeting the requirements of § 49-6-3050(a)(2) or (a)(3) or § 49-6-3050(b). For one (1) year immediately preceding completion of high school as a home school student, the student shall have been a student in a home school;
  28. “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;
  29. “Nonacademic requirement” means any scholarship eligibility requirement other than an academic requirement;
  30. “Nontraditional student” means a student who:
      1. Is at least twenty-five (25) years of age; and
      2. Enrolls in an eligible postsecondary institution prior to August 1, 2018:
  1. As an entering freshman; or
  2. At least two (2) years after last attending any postsecondary institution;

(i)  Is at least twenty-five (25) years of age; and

Enrolls in a baccalaureate degree program at an eligible four-year postsecondary institution on or after August 1, 2018:

As an entering freshman; or

At least two (2) years after last attending any postsecondary institution; or

Enrolls in a baccalaureate degree program at an eligible four-year postsecondary institution on or after August 1, 2018, while maintaining continuous enrollment following completion of an associate degree under the Tennessee reconnect grant, established under § 49-4-944;

“Parent” means the parent or guardian of a student;

“Part-time student” means a student attending a postsecondary educational institution and enrolled for at least six (6) semester hours, but less than twelve (12) semester hours, during a semester of attendance;

“Regional accrediting association” means:

The Middle States Commission on Higher Education;

The New England Commission on Higher Education;

The Higher Learning Commission;

The Northwest Commission on Colleges and Universities;

The Southern Association of Colleges and Schools; or

The Western Association of Schools and Colleges;

“SAT” means the Scholastic Aptitude Test administered by the College Board;

“Scholarship” means a Tennessee HOPE scholarship or a Tennessee HOPE access grant;

“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;

“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 GED(R) or HiSET(R);

“Student who has obtained a GED(R) or HiSET(R)” means a student who was a resident of this state for at least one (1) year prior to obtaining a GED(R) or HiSET(R);

“Tennessee HOPE access grant” means a grant for coursework in an eligible program of study in pursuit of an associate or baccalaureate 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;

“Tennessee HOPE scholarship” means a scholarship for coursework in an eligible program of study in pursuit of an associate or baccalaureate degree at an eligible postsecondary institution that is funded from net proceeds of the state lottery and awarded under this part;

“THEC” means the Tennessee higher education commission;

“Title IV” means Title IV of the Higher Education Act of 1965, (20 U.S.C. § 1070 et seq.);

“TSAC” means the Tennessee student assistance corporation;

“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

“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.

Acts 2003, ch. 298, § 1; 2004, ch. 840, §§ 1, 2, 26; 2004, ch. 881, § 8; 2005, ch. 481, §§ 1, 4, 27; 2006, ch. 977, § 2; 2008, ch. 1142, §§ 1, 2, 14, 25; 2010, ch. 1141, § 1; 2011, ch. 437, § 1; 2012, ch. 1095, §§ 1, 2; 2013, ch. 361, § 1; 2013, ch. 473, § 13; 2014, ch. 592, § 1; 2014, ch. 954, § 1; 2014, ch. 900, §§ 3, 4; 2015, ch. 495, §§ 1-3; 2017, ch. 405, § 1; 2017, ch. 448, § 2; 2018, ch. 695, § 2; 2020, ch. 794, §§ 25-30, 60, 61, 64–66.

Code Commission Notes.

Former subdivision (10)(B)(2), concerning eligibility of high schools that are candidates for full accreditation status, was deleted as obsolete by the code commission in 2009.

Compiler's Notes. The URL of the website for the Tennessee student assistance corporation (TSAC) is http://www.tn.gov/tsac/.

Acts 2004, ch. 840, § 30(a) provided that the amendment of subdivision (32) (now (25)) by § 26 of that act shall apply to students seeking financial assistance from lottery proceeds for the 2005-2006 school year and thereafter.

Acts 2004, ch. 840, § 30(b) provided that the amendment of subdivisions (6) and (7) (now (8) and (10)) by §§ 1 and 2 of that act shall apply to students seeking financial assistance from lottery proceeds for the 2004-2005 school year and thereafter.

Acts 2006, ch. 977, § 5 provided that the Tennessee student assistance corporation is authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2006, ch. 977, § 6 provided that the provisions of the act shall not be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to the act unless such funds are specifically appropriated by the general appropriations act.  Appropriations were provided by Acts 2006, ch. 963.

Acts 2008, ch. 1142, § 23 provided that it is the legislative intent, when additional net lottery proceeds become available in a subsequent fiscal year, that the next funding priority should be adding additional semesters to the established eligibility retention requirements for the Tennessee HOPE scholarship for students who earn a cumulative 2.75 grade point average.

Acts 2008, ch. 1142, § 24 provided that, subject to appropriation by the general assembly, it is the legislative intent that six million eight hundred thousand dollars ($6,800,000) from the lottery for education account may be used to supplement student assistance awards each year.

Acts 2008, ch. 1142, § 27 provided that: (a) TSAC is authorized to promulgate rules and regulations to effectuate the purposes of the act. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

THEC is authorized to promulgate rules and regulations to effectuate the purposes of the act. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2008, ch. 1142, § 28 provided that the act shall not be construed to be an appropriation of funds and that no funds shall be obligated or expended pursuant to the act unless the funds are specifically appropriated by the general appropriations act.

Acts 2008, ch. 1142, § 30 provided that § 1 of the act, which amended the definition of nontraditional student, shall apply to students seeking postsecondary financial assistance from net lottery proceeds for the 2008-2009 academic year and academic years thereafter.

Acts 2010, ch. 1141, § 2 provided that for the 2010-2011 academic year, eligibility for a Tennessee HOPE scholarship at private postsecondary institutions that were not eligible independent postsecondary institutions during the 2009-2010 academic year, but which qualify as eligible independent postsecondary institutions for the 2010-2011 academic year as the result of the modifications made to the definition of “eligible independent postsecondary institution” in § 49-4-902, shall be limited to only those students who meet all applicable academic and general requirements for the scholarship and who are entering freshmen. TSAC shall publish this restriction concerning scholarship eligibility for the 2010-2011 academic year at such institutions on its website and in any publication, published after June 30, 2010, which indicates that such institutions are eligible independent postsecondary institutions for the 2010-2011 academic year. Any such institution shall publish this restriction concerning scholarship eligibility for the 2010-2011 academic year on its website and in any publication which indicates that such institution is an eligible independent postsecondary institution for the 2010-2011 academic year.

Acts 2010, ch. 1141, § 3 provided that the act, which amended the definition of “eligible independent postsecondary institution”, shall apply to students seeking postsecondary financial assistance from net lottery proceeds for academic year 2010-2011 and academic years thereafter.

Acts 2011, ch. 437, § 7 provided that the act, which amended the definition of “academic year”, shall apply to scholarships and grants awarded for the fall semester of 2011 and thereafter.

Acts 2013, ch. 361, § 2 provided that the act, which amended the definition of “home school student”, shall apply to students applying for postsecondary financial assistance from net lottery proceeds for the 2013-2014 academic year and academic years thereafter.

For the preamble to the act concerning the Tennessee Promise Scholarship Act of 2014, please refer to Acts 2014, ch. 900.

Acts 2014, ch. 954, § 2 provided that the act, which rewrote (E) in the definition of “eligible high school”, shall apply to students seeking postsecondary financial assistance from net lottery proceeds for the 2014-2015 academic year and academic years thereafter.

Acts 2017, ch. 405, § 3 provided that TSAC, in consultation with the state board of education, is authorized to promulgate rules to effectuate the purposes of this act. The rules shall be promulgated in  accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2017, ch. 405, § 4 provided that the act, which amended this section,  shall not be construed to be an appropriation of funds, and no funds shall be obligated or expended pursuant to this act unless the funds are specifically appropriated by the general appropriations act.

Acts 2017, ch. 448, § 9 provided that TSAC is authorized to promulgate rules to effectuate the purposes of this act, which amended this section, including the determination of student eligibility, leaves of absences, and the distribution of funds appropriated for grants under the program. All such rules shall be promulgated in  accordance with the Uniform Administrative Procedures Act compiled in title 4, chapter 5.

For the Preamble to the act concerning HOPE Lottery Scholarships and the Tennessee Promise and Reconnect programs, see Acts 2020, ch. 794.

Acts 2020, ch. 794, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Financial Aid Simplification for Tennesseans (FAST) Act”.

Amendments. The 2020 amendment, effective August 1, 2020, in the definition of “Eligible independent postsecondary institution” deleted (B), which read:  “(B)(i) A private postsecondary institution accredited by a regional accrediting association that has its primary campus domiciled in this state; provided, however, that a postsecondary institution that was an eligible independent postsecondary institution and whose students received funds from the Tennessee education lottery scholarships prior to the amendment of this subdivision (11)(B) by the enactment of chapter 1142 of the Public Acts of 2008 shall remain an eligible postsecondary institution, until June 30, 2016, so long as the institution remains accredited by the Southern Association of Colleges and Schools;

“(ii) A postsecondary institution that, pursuant to this subdivision (11)(B), shall cease to be an eligible independent postsecondary institution after June 30, 2016, shall include on its website and in any literature for students or prospective students a statement that students attending the institution after June 30, 2016, shall not be able to receive Tennessee HOPE scholarships for study at the institution. TSAC shall include the same information on its website and in any Tennessee HOPE scholarship informational brochures in which the eligible postsecondary institutions are listed. Such information shall be posted on the institution’s website and on TSAC’s website within thirty (30) days of May 21, 2012, and in any literature published by the institution or in any brochure with a list of eligible postsecondary institutions published by TSAC after May 21, 2012;” deleted (C), which read:  “(C) A private, four-year or two-year postsecondary institution that:

“(i) Has been chartered in this state as a not-for-profit entity for at least thirty (30) consecutive years;

“(ii) Has had its primary campus domiciled in this state for at least thirty (30) consecutive years;

“(iii) Is a member of an accrediting agency that is recognized by the United States department of education and the Council on Higher Education Accreditation;

“(iv) Awards associate or baccalaureate degrees; and

“(v) Has an articulation agreement with an institution of the state university and community college system or the University of Tennessee system; or”; and added (E); substituted “High school” for “Weighted” in the definition “High school grade point average”; in the definition of “Regional accrediting association”, substituted “Commission on Higher Education” for “Association of Colleges and Schools” twice, “Higher Learning Commission” for “North Central Association of Colleges and Schools”, and “Northwest Commission on Colleges and Universities” for “Northwestern Association of Schools and Colleges”; deleted the definition of “General assembly civic education scholarship”, which read: “‘General assembly civic education scholarship' means the scholarship funded from net lottery proceeds and awarded under § 49-4-939 to meet the goals of the general assembly to promote and encourage civic learning and participation in community and government by high school students;”; in the definition for “Eligible high school”, substituted “residents of this state” for “Tennessee residents” in (D) and substituted “resident of this State” for “Tennessee resident” in (E); and substituted “resident of this state” for “Tennessee resident” in the definition of “Student who has obtained a GED(R) or HiSET(R)”; and, effective July 1, 2021, added the definition of “Eligible program of study”; inserted “coursework in an eligible program of” in the definitions of “Tennessee HOPE access grant” and “Tennessee HOPE scholarship”; and rewrote the definition of “Wilder-Naifeh technical skills grant”, which read:  “‘Wilder-Naifeh technical skills grant’ means a grant for study in pursuit of a certificate or diploma 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.”

Effective Dates. Acts 2020, ch. 794, § 70. August 1, 2020 and July 1, 2021.

Attorney General Opinions. The requirement that home school students be enrolled in a Tennessee home school program for two years prior to graduation in order to be eligible for the HOPE scholarship would likely be upheld against any constitutional challenge.  OAG 13-53, 2013 Tenn. AG LEXIS 56 (7/10/13).

Uniform Grading Policy and HOPE Scholarship Eligibility. OAG 15-58, 2015 Tenn. AG LEXIS 59  (7/14/15).

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

  1. 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.
  2. 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 committee of the house of representatives by October 1.
  3. 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 such programs. TSAC and THEC may choose to collect data from higher education institutions or through the University of Tennessee system, board of regents 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).
  4. THEC shall study and include in its report required under subsection (b) an analysis of the general assembly merit scholarship program and its success in promoting exceptional academic achievement in college. Specifically, THEC shall report the number of students in each class who retain general assembly merit scholarships throughout their college careers and the number of students who do not retain general assembly scholarships and the reasons therefore. THEC shall analyze whether the retention standards for general assembly scholarships should be increased to promote further exceptional academic achievement in college.

Acts 2003, ch. 298, § 1; 2010, ch. 839, § 1; 2012, ch. 787, § 1; 2012, ch. 1009, § 6; 2015, ch. 182, § 38; 2016, ch. 684, § 7; 2018, ch. 628, § 3; 2019, ch. 345, § 93.

Cross-References. Confidentiality of public records, § 10-7-504.

Reporting requirement satisfied by notice to general assembly members of publication of report, § 3-1-114.

Attorney General Opinions. A Tennessee HOPE scholarship does not qualify as a "scholarship based on merit" so as to meet the criteria for exclusion from "comparable benefits" for purposes of determining eligibility for vocational and other training services in institutions of higher education under the Vocational Rehabilitation Services program.  OAG 11-26, 2011 Tenn. AG LEXIS 28 (3/22/11).

49-4-904. Student ineligibility.

A student is ineligible for any scholarship or grant described in this part if the student:

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

Acts 2003, ch. 298, § 1.

49-4-905. Student eligibility.

  1. 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. Be a resident of this state, as classified pursuant to § 49-8-104;
    2. Make application for a Tennessee HOPE scholarship, Tennessee HOPE access grant, Tennessee HOPE teacher's scholarship, or Wilder-Naifeh technical skills grant; and
    3. Be admitted to an eligible postsecondary institution.
    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. 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 GED(R) or HiSET(R). 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.

Acts 2003, ch. 298, §§ 1, 9; 2004, ch. 840, §§ 3-5; 2006, ch. 977, §§ 3, 4; 2015, ch. 495, § 4; 2020, ch. 794, § 31.

Compiler's Notes. Acts 2004, ch. 840, § 30(b) provided that the amendment by that act shall apply to students seeking financial assistance from lottery proceeds for the 2004-2005 school year and thereafter.

Acts 2006, ch. 977, § 5 provided that the Tennessee student assistance corporation is authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2006, ch. 977, § 6 provided that the provisions of the act shall not be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to the act unless such funds are specifically appropriated by the general appropriations act.

For the Preamble to the act concerning HOPE Lottery Scholarships and the Tennessee Promise and Reconnect programs, see Acts 2020, ch. 794.

Acts 2020, ch. 794, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Financial Aid Simplification for Tennesseans (FAST) Act”.

Amendments. The 2020 amendment rewrote (a)(1), which read: “Been a Tennessee resident, as defined by regulations promulgated by the board of regents under § 49-8-104, for one (1) year immediately preceding the date of application for a scholarship or grant or for the renewal of a scholarship or grant;”; substituted “Make” for “Made” in (a)(2); and substituted “Be” for “Been” in (a)(3).

Effective Dates. Acts 2020, ch. 794, § 70.  August 1, 2020.

Attorney General Opinions. Lottery scholarship eligibility criteria, OAG 04-094, 2004 Tenn. AG LEXIS 103 (5/18/04).

The requirement that home school students be enrolled in a Tennessee home school program for two years prior to graduation in order to be eligible for the HOPE scholarship would likely be upheld against any constitutional challenge.  OAG 13-53, 2013 Tenn. AG LEXIS 56 (7/10/13).

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.

Acts 2003, ch. 298, § 1; 2005, ch. 481, § 29.

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. Meet the requirements of §§ 49-4-904 and 49-4-905;
  2. Be admitted to and enroll in an eligible postsecondary institution no later than sixteen (16) months after graduation from high school; and
    1. Achieve a final overall high school grade point average of at least 3.0; or
    2. 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.

Acts 2003, ch. 298, § 1; 2004, ch. 840, §§ 6, 7, 11a, 19, 20; 2004, ch. 881, §§ 1, 2; 2005, ch. 481, §§ 2, 5, 6; 2017, ch. 328, § 1; 2020, ch. 794, § 32.

Compiler's Notes. Acts 2004, ch. 840, § 30(a) provided that the amendment of subdivision (3)(B) by § 11(a) of that act shall apply to students seeking financial assistance from lottery proceeds for the 2005-2006 school year and thereafter.

Acts 2004, ch. 840, § 30(b) provided that the amendment of the introductory paragraph and subdivision (2) by §§ 6 and 7 of that act shall apply to students seeking financial assistance from lottery proceeds for the 2004-2005 school year and thereafter.

Acts 2005, ch. 481, § 30, provided that:

“(a)  A student who was eligible for a Tennessee HOPE scholarship, a general assembly merit scholarship, or a Tennessee HOPE access grant for the 2004-2005 academic year, but who did not attend any postsecondary institution in the 2004-2005 academic year, may apply for such scholarship or grant under the amendments made to title 49, chapter 4, part 9 by §§ 5 through 13 of the act. TSAC may award the scholarship, if the student meets all applicable requirements for the scholarship or grant and the student is admitted to and enrolls in an eligible postsecondary institution no later than sixteen (16) months after graduating from an eligible high school, graduating from a high school located in Tennessee that is not an eligible high school, completing high school in a Tennessee home school, or obtaining a GED(R).

“(b)  A student may apply for the retroactive award of a Tennessee HOPE scholarship, a general assembly merit scholarship, or a Tennessee HOPE access grant for any semester of the 2004-2005 academic year in which the student would have qualified for a scholarship or grant under §§ 14-20, or § 22 of the act, had such provisions been in effect during that academic year. TSAC may award the scholarship or grant retroactively, if the student meets all applicable requirements for the scholarship or grant.”

Acts 2017, ch. 328, § 8 provided that the act, which amended this section,  shall apply to students seeking postsecondary financial assistance from net lottery proceeds for the 2017-2018 academic years and academic years thereafter.

For the Preamble to the act concerning HOPE Lottery Scholarships and the Tennessee Promise and Reconnect programs, see Acts 2020, ch. 794.

Acts 2020, ch. 794, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Financial Aid Simplification for Tennesseans (FAST) Act”.

Amendments. The 2020 amendment deleted “weighted” preceding “high school” in (3)(A).

Effective Dates. Acts 2020, ch. 794, § 70.  August 1, 2020.

49-4-908. Requirements for home schooled students, GED(R) or HiSET(R) recipients or graduates of ineligible high schools.

  1. 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 GED(R) or HiSET(R) credential shall:
    1. Not be ineligible for the scholarship under § 49-4-904;
    2. Meet the requirements of § 49-4-905;
      1. 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; or
      2. Pass the GED(R) tests with an average score of at least 525, the revised GED(R) tests with an average score of at least 170, or the HiSET(R) 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; and
    3. 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 GED(R) or HiSET(R), or graduating from high school.
  2. A student who, after January 1, 2014, met the requirements of subdivision (a)(3)(B) shall be awarded a Tennessee HOPE scholarship in the 2014-2015 academic year for the 2013-2014 academic year; provided, that the student:
    1. Was not ineligible for the scholarship under § 49-4-904 and met the requirements of § 49-4-905 in the 2013-2014 academic year while enrolled at an eligible institution;
    2. Did not receive the Tennessee HOPE scholarship in the 2013-2014 academic year; and
    3. Is enrolled in the 2014-2015 academic year in an eligible postsecondary institution.
  3. A student who met the requirements of subdivision (a)(3)(B) shall be awarded a Tennessee HOPE scholarship in the 2014-2015 academic year; provided, that the student:
    1. Is not ineligible for the scholarship under § 49-4-904;
    2. Meets the requirements of § 49-4-905; and
    3. Is enrolled in the 2014-2015 academic year in an eligible postsecondary institution.

Acts 2003, ch. 298, § 1; 2004, ch. 840, §§ 8, 9, 10, 11b; 2005, ch. 481, §§ 7, 8; 2015, ch. 495, § 5; 2017, ch. 328, § 2.

Compiler's Notes. Acts 2004, ch. 840, § 30(a) provided that the amendment of subdivision (2)(B) by § 11(b) of that act shall apply to students seeking financial assistance from lottery proceeds for the 2005-2006 school year and thereafter.

Acts 2004, ch. 840, § 30(b) provided that the amendment of the introductory paragraph, and subdivisions (2)(A) and (3) by §§ 8-10 of that act shall apply to students seeking financial assistance from lottery proceeds for the 2004-2005 school year and thereafter.

Acts 2005, ch. 481, § 30, provided that:

“(a)  A student who was eligible for a Tennessee HOPE scholarship, a general assembly merit scholarship, or a Tennessee HOPE access grant for the 2004-2005 academic year, but who did not attend any postsecondary institution in the 2004-2005 academic year, may apply for such scholarship or grant under the amendments made to title 49, chapter 4, part 9 by §§ 5 through 13 of the act. TSAC may award the scholarship, if the student meets all applicable requirements for the scholarship or grant and the student is admitted to and enrolls in an eligible postsecondary institution no later than sixteen (16) months after graduating from an eligible high school, graduating from a high school located in Tennessee that is not an eligible high school, completing high school in a Tennessee home school, or obtaining a GED(R).

“(b)  A student may apply for the retroactive award of a Tennessee HOPE scholarship, a general assembly merit Scholarship, or a Tennessee HOPE access grant for any semester of the 2004-2005 academic year in which the student would have qualified for a scholarship or grant under §§ 14-20, or § 22 of the act, had such provisions been in effect during that academic year. TSAC may award the scholarship or grant retroactively, if the student meets all applicable requirements for the scholarship or grant.”

Acts 2017, ch. 328, § 8 provided that the act, which amended this section,  shall apply to students seeking postsecondary financial assistance from net lottery proceeds for the 2017-2018 academic years and academic years thereafter.

49-4-909. Eligibility for Tennessee middle college scholarship. [Effective until July 1, 2021. See the version effective on July 1, 2021.]

  1. To be eligible for a Tennessee middle college scholarship a student shall:
    1. Not be ineligible for the scholarship under § 49-4-904;
    2. Be classified as a resident of this state, pursuant to § 49-8-104;
    3. Have obtained a minimum cumulative high school grade point average of 3.0 by the end of the student's sophomore year;
    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. Make application for the scholarship as prescribed by TSAC.
    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. 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.
  2. A student may receive a Tennessee middle college scholarship until the first of the following events:
    1. The student has earned an associate degree or completed high school; or
    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.
  3. 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 one thousand dollars ($1,000) for full-time attendance for each semester.
    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. Meets all academic and nonacademic requirements for the Tennessee HOPE scholarship;
      2. Meets the requirements of § 49-4-911(a)(1) or (a)(2);
      3. Transfers to the eligible four-year postsecondary institution no later than sixteen (16) months after graduation from high school; and
      4. Applies for the Tennessee HOPE scholarship.
    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. A student who received an associate degree through middle college shall be eligible for the Tennessee HOPE scholarship until the student reaches a terminating event under § 49-4-913. Semester hours attempted and full-time equivalent semesters enrolled in as a middle college student shall count toward the limits on semester hours attempted and full-time equivalent semesters under § 49-4-913. The five-year period in which a student is eligible for a Tennessee HOPE scholarship shall start at the time the student enrolls in the eligible public two-year postsecondary institution as a middle college student, but shall not include any time between the receipt of the associate degree and enrollment in an eligible four-year postsecondary institution.
    1. 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. Is not ineligible for the scholarship under § 49-4-904;
      2. Meets all requirements of § 49-4-905(a); and
      3. Meets the requirements of § 49-4-907 or § 49-4-908.
    2. Semester hours attempted and full-time equivalent semesters enrolled in as a middle college student shall count toward the limits on semester hours attempted and full-time equivalent semesters under § 49-4-913. The five-year period in which a student is eligible for a Tennessee HOPE scholarship shall include any time in which the student was enrolled in middle college, but shall not include any time in which the student was attending high school after leaving middle college or any time between completion of high school and enrollment in an eligible postsecondary institution
  4. 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.
  5. No retroactive award of a Tennessee middle college scholarship shall be made under this section.
  6. A student receiving a Tennessee middle college scholarship shall not be eligible for a dual enrollment grant under § 49-4-930.
  7. The award of Tennessee middle college scholarships shall commence with the 2018-2019 academic year.

Acts 2017, ch. 405, § 2; 2019, ch. 469, § 1; 2020, ch. 794, §§ 33, 34.

Code Commission Notes.

Former § 49-4-909, concerning eligibility for Tennessee HOPE scholarships, was deleted as obsolete by the code commission in 2009.

Compiler's Notes. Acts 2017, ch. 405, § 3 provided that TSAC, in consultation with the state board of education, is authorized to promulgate rules to effectuate the purposes of this act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2017, ch. 405, § 4 provided that the act, which enacted this section,  shall not be construed to be an appropriation of funds, and no funds shall be obligated or expended pursuant to this act unless the funds are specifically appropriated by the general appropriations act.

Acts 2019, ch. 469, § 2 provided that the act, which amended this section, shall apply to  students seeking middle college scholarships for the 2019-2020 academic year and each academic year thereafter.

For the Preamble to the act concerning HOPE Lottery Scholarships and the Tennessee Promise and Reconnect programs, see Acts 2020, ch. 794.

Acts 2020, ch. 794, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Financial Aid Simplification for Tennesseans (FAST) Act”.

Amendments. The 2020 amendment rewrote (a)(2), which read: “Be classified as an in-state student under the rules of the board of regents on the date of enrollment in middle college and on the date of reenrollment in a subsequent academic year;”; and inserted “high school” in (a)(3).

Effective Dates. Acts 2020, ch. 794, § 70. August 1, 2020.

49-4-909. Eligibility for Tennessee middle college scholarship. [Effective on July 1, 2021. See the version effective until July 1, 2021.]

  1. To be eligible for a Tennessee middle college scholarship a student shall:
    1. Not be ineligible for the scholarship under § 49-4-904;
    2. Be classified as a resident of this state, pursuant to § 49-8-104;
    3. Have obtained a minimum cumulative high school grade point average of 3.0 by the end of the student's sophomore year;
    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. Make application for the scholarship as prescribed by TSAC.
    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. 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.
  2. A student may receive a Tennessee middle college scholarship until the first of the following events:
    1. The student has earned an associate degree or completed high school; or
    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.
  3. 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 one thousand dollars ($1,000) for full-time attendance for each semester.
    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. Meets all academic and nonacademic requirements for the Tennessee HOPE scholarship;
      2. Meets the requirements of § 49-4-911(a)(1) or (a)(2);
      3. Transfers to the eligible four-year postsecondary institution no later than sixteen (16) months after graduation from high school; and
      4. Applies for the Tennessee HOPE scholarship.
    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. Time enrolled in an eligible postsecondary institution as a middle college scholarship student will not count towards the terminating events under § 49-4-913.
    1. 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. Is not ineligible for the scholarship under § 49-4-904;
      2. Meets all requirements of § 49-4-905(a); and
      3. Meets the requirements of § 49-4-907 or § 49-4-908.
    2. [Deleted by 2020 amendment.]
  4. 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.
  5. No retroactive award of a Tennessee middle college scholarship shall be made under this section.
  6. A student receiving a Tennessee middle college scholarship shall not be eligible for a dual enrollment grant under § 49-4-930.
  7. The award of Tennessee middle college scholarships shall commence with the 2018-2019 academic year.

Acts 2017, ch. 405, § 2; 2019, ch. 469, § 1; 2020, ch. 794, §§ 33-35.

Code Commission Notes.

Former § 49-4-909, concerning eligibility for Tennessee HOPE scholarships, was deleted as obsolete by the code commission in 2009.

Compiler's Notes. Acts 2017, ch. 405, § 3 provided that TSAC, in consultation with the state board of education, is authorized to promulgate rules to effectuate the purposes of this act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2017, ch. 405, § 4 provided that the act, which enacted this section,  shall not be construed to be an appropriation of funds, and no funds shall be obligated or expended pursuant to this act unless the funds are specifically appropriated by the general appropriations act.

Acts 2019, ch. 469, § 2 provided that the act, which amended this section, shall apply to  students seeking middle college scholarships for the 2019-2020 academic year and each academic year thereafter.

For the Preamble to the act concerning HOPE Lottery Scholarships and the Tennessee Promise and Reconnect programs, see Acts 2020, ch. 794.

Acts 2020, ch. 794, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Financial Aid Simplification for Tennesseans (FAST) Act”.

Amendments. The 2020 amendment, effective August 1, 2020, rewrote (a)(2), which read: “Be classified as an in-state student under the rules of the board of regents on the date of enrollment in middle college and on the date of reenrollment in a subsequent academic year;”; inserted “high school” in (a)(3); and, effective July 1, 2021, rewrote (e)(3), which read: “A student who received an associate degree through middle college shall be eligible for the Tennessee HOPE scholarship until the student reaches a terminating event under § 49-4-913. Semester hours attempted and full-time equivalent semesters enrolled in as a middle college student shall count toward the limits on semester hours attempted and full-time equivalent semesters under § 49-4-913. The five-year period in which a student is eligible for a Tennessee HOPE scholarship shall start at the time the student enrolls in the eligible public two-year postsecondary institution as a middle college student, but shall not include any time between the receipt of the associate degree and enrollment in an eligible four-year postsecondary institution.”; and deleted (f)(2), which read: “Semester hours attempted and full-time equivalent semesters enrolled in as a middle college student shall count toward the limits on semester hours attempted and full-time equivalent semesters under § 49- 4-913. The five-year period in which a student is eligible for a Tennessee HOPE scholarship shall include any time in which the student was enrolled in middle college, but shall not include any time in which the student was attending high school after leaving middle college or any time between completion of high school and enrollment in an eligible postsecondary institution.”

Effective Dates. Acts 2020, ch. 794, § 70. August 1, 2020 and July 1, 2021.

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.

Acts 2003, ch. 298, § 1.

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

    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.
    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.
  1. 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.
  2. 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.
  3. 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.

Acts 2003, ch. 298, § 1; 2004, ch. 840, § 13; 2005, ch. 481, §§ 15, 22; 2008, ch. 1142, § 3; 2009, ch. 243, § 1.

Compiler's Notes. Acts 2004, ch. 840, § 30(b) provided that the amendment by that act shall apply to students seeking financial assistance from lottery proceeds for the 2004-2005 school year and thereafter.

Acts 2005, ch. 481, § 30, provided that:

“(a)  A student who was eligible for a Tennessee HOPE scholarship, a general assembly merit scholarship, or a Tennessee HOPE access grant for the 2004-2005 academic year, but who did not attend any postsecondary institution in the 2004-2005 academic year, may apply for such scholarship or grant under the amendments made to title 49, chapter 4, part 9 by §§ 5 through 13 of the act. TSAC may award the scholarship, if the student meets all applicable requirements for the scholarship or grant and the student is admitted to and enrolls in an eligible postsecondary institution no later than sixteen (16) months after graduating from an eligible high school, graduating from a high school located in Tennessee that is not an eligible high school, completing high school in a Tennessee home school, or obtaining a GED(R).

“(b)  A student may apply for the retroactive award of a Tennessee HOPE scholarship, a general assembly merit scholarship, or a Tennessee HOPE access grant for any semester of the 2004-2005 academic year in which the student would have qualified for a scholarship or grant under §§ 14-20, or § 22 of the act, had such provisions been in effect during that academic year. TSAC may award the scholarship or grant retroactively, if the student meets all applicable requirements for the scholarship or grant.”

Acts 2008, ch. 1142, § 23 provided that it is the legislative intent, when additional net lottery proceeds become available in a subsequent fiscal year, that the next funding priority should be adding additional semesters to the established eligibility retention requirements for the Tennessee HOPE scholarship for students who earn a cumulative 2.75 grade point average.

Acts 2008, ch. 1142, § 24 provided that, subject to appropriation by the general assembly, it is the legislative intent that six million eight hundred thousand dollars ($6,800,000) from the lottery for education account may be used to supplement student assistance awards each year.

Acts 2008, ch. 1142, § 27 provided that: (a) TSAC is authorized to promulgate rules and regulations to effectuate the purposes of the act. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

THEC is authorized to promulgate rules and regulations to effectuate the purposes of the act. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2008, ch. 1142, § 28 provided that the act shall not be construed to be an appropriation of funds and that no funds shall be obligated or expended pursuant to the act unless the funds are specifically appropriated by the general appropriations act.

Acts 2008, ch. 1142, § 30 provided that § 3 of the act, which rewrote this section, shall apply to students seeking to continue or regain eligibility for Tennessee HOPE scholarships who reach benchmarks for reviewing eligibility pursuant to § 49-4-911 on or after June 13, 2008.

49-4-912. HOPE scholarship — Contingencies.

  1. 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.
  2. 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.

Acts 2003, ch. 298, § 1.

49-4-913. HOPE scholarship — Terminating events. [Effective until July 1, 2021. See the version effective on July 1, 2021.]

  1. 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. The student has earned a baccalaureate degree; or
    2. Five (5) years have passed from the date of the student's initial enrollment at any postsecondary institution.
  2. Notwithstanding subsection (a), and except as set forth in subsections (c) and (d) and §§ 49-4-919, 49-4-920 and 49-4-941, a student who first receives a Tennessee HOPE scholarship in the fall semester of 2009 or later, may receive the scholarship until the first of the following events occurs:
    1. The student has earned a baccalaureate degree;
    2. Five (5) years have passed from the date of the student's initial enrollment at any postsecondary institution; or
    3. The student has attempted a total of one hundred twenty (120) semester hours or has received the Tennessee HOPE scholarship for eight (8) full-time equivalent semesters at any postsecondary institution, whichever occurs later.
  3. A student who first receives a Tennessee HOPE scholarship in the fall semester of 2009 or later and who is enrolled in an undergraduate degree program required to be more than one hundred twenty (120) semester hours in length may receive a Tennessee HOPE scholarship until the first of the following events occurs:
    1. The student has earned a baccalaureate degree;
    2. Five (5) years have passed from the date of the student's initial enrollment at any postsecondary institution; or
    3. The latter of the following events has occurred:
      1. The student has attempted the number of semester hours required to earn the undergraduate degree or a total of one hundred thirty-six (136) semester hours at any postsecondary institution, whichever is less; or
      2. The student has completed eight (8) full-time equivalent semesters.
  4. Notwithstanding subsections (b) and (c), the five-year, total full-time equivalent semester, and total semester hour limitations for a student who first receives a Tennessee HOPE scholarship for nontraditional students pursuant to § 49-4-931 beginning with the fall semester of 2009 or thereafter, shall be based on the sum of years, total full-time equivalent semesters, or total semester hours attempted while receiving the Tennessee HOPE scholarship or the Tennessee HOPE scholarship for nontraditional students.
  5. 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.

Acts 2003, ch. 298, § 1; 2008, ch. 1142, § 7; 2011, ch. 427, § 3; 2011, ch. 437, § 2; 2014, ch. 900, § 5.

Compiler's Notes. Acts 2008, ch. 1142, § 23 provided that it is the legislative intent, when additional net lottery proceeds become available in a subsequent fiscal year, that the next funding priority should be adding additional semesters to the established eligibility retention requirements for the Tennessee HOPE scholarship for students who earn a cumulative 2.75 grade point average.

Acts 2008, ch. 1142, § 24 provided that, subject to appropriation by the general assembly, it is the legislative intent that six million eight hundred thousand dollars ($6,800,000) from the lottery for education account may be used to supplement student assistance awards each year.

Acts 2008, ch. 1142, § 27 provided that: (a) TSAC is authorized to promulgate rules and regulations to effectuate the purposes of the act. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

THEC is authorized to promulgate rules and regulations to effectuate the purposes of the act. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2008, ch. 1142, § 28 provided that the act shall not be construed to be an appropriation of funds and that no funds shall be obligated or expended pursuant to the act unless the funds are specifically appropriated by the general appropriations act.

Acts 2011, ch. 427, § 4 provided that a student who exhausted eligibility for a Tennessee HOPE scholarship prior to June 6, 2011, because five (5) years had passed since the student's initial enrollment at a postsecondary institution, but who would have qualified for an extension of the time under the provisions of § 49-4-930(c)-(e) had such provisions been in effect at the time the student exhausted eligibility, may apply to TSAC to regain the Tennessee HOPE scholarship. To be eligible for an extension of time, such student shall meet all applicable academic and nonacademic requirements for the scholarship and ten (10) years shall not have passed since the student's initial enrollment at a postsecondary institution.

Acts 2011, ch. 427, § 5 provided that no retroactive award of a Tennessee HOPE scholarship shall be made under the provisions of the act, which amended §§ 49-4-913 and 49-4-930.

Acts 2011, ch. 427, § 6 provided that notwithstanding § 4-5-208 or any other provision of law to the contrary, the Tennessee student assistance corporation is authorized to promulgate emergency rules to implement the provisions of the act, which amended §§ 49-4-913 and 49-4-930.

Acts 2011, ch. 437, § 7 provided that the act, which amended subsection (b) and added subsections (c) and (d), shall apply to scholarships and grants awarded for the fall semester of 2011 and thereafter.

For the preamble to the act concerning the Tennessee Promise Scholarship Act of 2014, please refer to Acts 2014, ch. 900.

49-4-913. HOPE scholarship — Terminating events. [Effective on July 1, 2021. See the version effective until July 1, 2021.]

  1. 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. The student has earned a baccalaureate degree; or
    2. Five (5) years have passed from the date of the student's initial enrollment at any postsecondary institution.
  2. [Deleted by 2020 amendment.]
  3. [Deleted by 2020 amendment.]
  4. [Deleted by 2020 amendment.]
  5. 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.

Acts 2003, ch. 298, § 1; 2008, ch. 1142, § 7; 2011, ch. 427, § 3; 2011, ch. 437, § 2; 2014, ch. 900, § 5; 2020, ch. 794, § 36.

Compiler's Notes. Acts 2008, ch. 1142, § 23 provided that it is the legislative intent, when additional net lottery proceeds become available in a subsequent fiscal year, that the next funding priority should be adding additional semesters to the established eligibility retention requirements for the Tennessee HOPE scholarship for students who earn a cumulative 2.75 grade point average.

Acts 2008, ch. 1142, § 24 provided that, subject to appropriation by the general assembly, it is the legislative intent that six million eight hundred thousand dollars ($6,800,000) from the lottery for education account may be used to supplement student assistance awards each year.

Acts 2008, ch. 1142, § 27 provided that: (a) TSAC is authorized to promulgate rules and regulations to effectuate the purposes of the act. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

THEC is authorized to promulgate rules and regulations to effectuate the purposes of the act. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2008, ch. 1142, § 28 provided that the act shall not be construed to be an appropriation of funds and that no funds shall be obligated or expended pursuant to the act unless the funds are specifically appropriated by the general appropriations act.

Acts 2011, ch. 427, § 4 provided that a student who exhausted eligibility for a Tennessee HOPE scholarship prior to June 6, 2011, because five (5) years had passed since the student's initial enrollment at a postsecondary institution, but who would have qualified for an extension of the time under the provisions of § 49-4-930(c)-(e) had such provisions been in effect at the time the student exhausted eligibility, may apply to TSAC to regain the Tennessee HOPE scholarship. To be eligible for an extension of time, such student shall meet all applicable academic and nonacademic requirements for the scholarship and ten (10) years shall not have passed since the student's initial enrollment at a postsecondary institution.

Acts 2011, ch. 427, § 5 provided that no retroactive award of a Tennessee HOPE scholarship shall be made under the provisions of the act, which amended §§ 49-4-913 and 49-4-930.

Acts 2011, ch. 427, § 6 provided that notwithstanding § 4-5-208 or any other provision of law to the contrary, the Tennessee student assistance corporation is authorized to promulgate emergency rules to implement the provisions of the act, which amended §§ 49-4-913 and 49-4-930.

Acts 2011, ch. 437, § 7 provided that the act, which amended subsection (b) and added subsections (c) and (d), shall apply to scholarships and grants awarded for the fall semester of 2011 and thereafter.

For the preamble to the act concerning the Tennessee Promise Scholarship Act of 2014, please refer to Acts 2014, ch. 900.

For the Preamble to the act concerning HOPE Lottery Scholarships and the Tennessee Promise and Reconnect programs, see Acts 2020, ch. 794.

Acts 2020, ch. 794, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Financial Aid Simplification for Tennesseans (FAST) Act”.

Amendments. The 2020 amendment, effective July 1, 2021, deleted (b) – (d), which read: “(b)  Notwithstanding subsection (a), and except as set forth in subsections (c) and (d) and §§ 49-4-919, 49-4-920 and 49-4-941, a student who first receives a Tennessee HOPE scholarship in the fall semester of 2009 or later, may receive the scholarship until the first of the following events occurs:

“(1)  The student has earned a baccalaureate degree;

“(2)  Five (5) years have passed from the date of the student's initial enrollment at any postsecondary institution; or

“(3)  The student has attempted a total of one hundred twenty (120) semester hours or has received the Tennessee HOPE scholarship for eight (8) full-time equivalent semesters at any postsecondary institution, whichever occurs later.

“(c)  A student who first receives a Tennessee HOPE scholarship in the fall semester of 2009 or later and who is enrolled in an undergraduate degree program required to be more than one hundred twenty (120) semester hours in length may receive a Tennessee HOPE scholarship until the first of the following events occurs:

“(1)  The student has earned a baccalaureate degree;

“(2)  Five (5) years have passed from the date of the student's initial enrollment at any postsecondary institution; or

“(3)  The latter of the following events has occurred:

“(A)  The student has attempted the number of semester hours required to earn the undergraduate degree or a total of one hundred thirty-six (136) semester hours at any postsecondary institution, whichever is less; or

“(B)  The student has completed eight (8) full-time equivalent semesters.

“(d)  Notwithstanding subsections (b) and (c), the five-year, total full-time equivalent semester, and total semester hour limitations for a student who first receives a Tennessee HOPE scholarship for nontraditional students pursuant to § 49-4-931 beginning with the fall semester of 2009 or thereafter, shall be based on the sum of years, total full-time equivalent semesters, or total semester hours attempted while receiving the Tennessee HOPE scholarship or the Tennessee HOPE scholarship for nontraditional students.”

Effective Dates. Acts 2020, ch. 794, § 70. July 1, 2021.

49-4-914. Scholarships awards.

  1. 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 while enrolled in a baccalaureate degree program shall be one thousand seven hundred fifty dollars ($1,750) for full-time attendance for each semester. This award amount shall apply to each entering freshman in the fall term of 2015, and thereafter, and shall continue through the final semester of such student's sophomore year. The determination of a student's status as a freshman or sophomore shall be made by the postsecondary institution attended.
  2. 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 shall increase to two thousand two hundred fifty dollars ($2,250) per semester beginning in the student's junior year, as determined by the postsecondary institution attended, and shall continue until the student is no longer eligible for a Tennessee HOPE scholarship under § 49-4-913(b) and (c).
  3. 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 shall be one thousand five hundred dollars ($1,500) for full-time attendance for each semester. This award amount shall apply to the initial entering freshman class beginning in the fall term of 2015 and to each entering class thereafter.
  4. A student who first received the Tennessee HOPE scholarship, Tennessee HOPE access grant or Tennessee HOPE scholarship for nontraditional students in the fall semester of 2009 or later may receive such scholarship or grant in the summer semester of an academic year as defined in § 49-4-902(2)(A) in addition to the receipt of the scholarship or grant in the fall and spring semesters of an academic year.
  5. The amount of a Tennessee HOPE scholarship awarded to a student attending an eligible two-year postsecondary institution that provides on-campus housing shall be the same as the amount provided in subsection (a).
  6. 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 for a nontraditional student enrolled full time in an associate degree program shall be one thousand five hundred dollars ($1,500) per semester at a two-year postsecondary institution and one thousand seven hundred fifty dollars ($1,750) per semester at a four-year postsecondary institution. These amounts shall apply to students who received a HOPE scholarship for nontraditional students beginning in the fall term of 2015 and prior to the fall term of 2018, and shall continue until reaching a terminating event described in § 49-4-931.
  7. 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 HOPE scholarship and Tennessee HOPE scholarship for nontraditional students, who enroll in an eligible postsecondary institution prior to the fall term of 2015, shall be determined in accordance with § 4-51-111 and shall be set in the general appropriations act.

Acts 2003, ch. 298, § 1; 2005, ch. 481, §§ 23, 24; 2006, ch. 974, §§ 1, 2; 2008, ch. 1142, § 13; 2011, ch. 437, § 3; 2014, ch. 900, § 6; 2017, ch. 448, § 3; 2018, ch. 695, §§ 3, 4.

Code Commission Notes.

Provisions in subsections (a) and (b), concerning the amounts of Tennessee HOPE scholarships awarded during academic years 2004-2005, 2005-2006 and 2006-2007, were deleted as obsolete by the code commission in 2009.

Compiler's Notes. Acts 2006, ch. 974, § 3 provided that the provisions of the act shall not be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to the act, unless such funds are specifically appropriated by the general appropriations act.

Acts 2006, ch. 974, § 5 provided that a student may apply for the retroactive award of a Tennessee HOPE scholarship for any semester of the 2005-2006 academic year in which the student would have qualified for a scholarship under the act, had the provisions of the act been in effect during that academic year. TSAC may award the scholarship retroactively, if the student meets all applicable requirements for the scholarship.

Acts 2008, ch. 1142, § 23 provided that it is the legislative intent, when additional net lottery proceeds become available in a subsequent fiscal year, that the next funding priority should be adding additional semesters to the established eligibility retention requirements for the Tennessee HOPE scholarship for students who earn a cumulative 2.75 grade point average.

Acts 2008, ch. 1142, § 24 provided that, subject to appropriation by the general assembly, it is the legislative intent that six million eight hundred thousand dollars ($6,800,000) from the lottery for education account may be used to supplement student assistance awards each year.

Acts 2008, ch. 1142, § 27 provided that: (a) TSAC is authorized to promulgate rules and regulations to effectuate the purposes of the act. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

THEC is authorized to promulgate rules and regulations to effectuate the purposes of the act. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2008, ch. 1142, § 28 provided that the act shall not be construed to be an appropriation of funds and that no funds shall be obligated or expended pursuant to the act unless the funds are specifically appropriated by the general appropriations act.

Acts 2008, ch. 1142, § 30 provided that § 13 of the act, which added subsection (c), shall apply to students seeking postsecondary financial assistance from net lottery proceeds for the 2008-2009 academic year and academic years thereafter.

Acts 2011, ch. 437, § 7 provided that the act, which added subsection (c), shall apply to scholarships and grants awarded for the fall semester of 2011 and thereafter.

Acts 2013, ch. 453, § 52 provided that: “(a) For students who first received the Tennessee HOPE scholarship, Tennessee HOPE access grant or Tennessee HOPE scholarship for nontraditional students before the fall semester of 2009, award amounts for the 2013-2014 academic year (two semesters) shall be:

“(1) $4,000 for an eligible student under the HOPE scholarship award or HOPE nontraditional scholarship award pursuant to § 49-4-914(a);

“(2) $2,000 for an eligible student under the HOPE scholarship award pursuant to § 49-4-914(b);

“(3) $1,500 for an eligible student under the ASPIRE need-based supplemental award pursuant to § 49-4-915; and

“(4) $1,000 for an eligible student under the General Assembly Merit Scholar supplemental award pursuant to § 49-4-916.

“(b) For students who first received the Tennessee HOPE scholarship, Tennessee HOPE access grant or Tennessee HOPE scholarship for nontraditional students beginning the fall semester of 2009 or thereafter, award amounts for the 2013-2014 academic year shall be:

“(1) $2,000 per semester for an eligible student under the HOPE scholarship award or HOPE nontraditional scholarship award pursuant to § 49-4-914(a);

“(2) $1,000 per semester for an eligible student under the HOPE scholarship award pursuant to § 49-4-914(b);

“(3) $750 per semester for an eligible student under the ASPIRE need-based supplemental award pursuant to § 49-4-915;

“(4) $500 per semester for an eligible student under the General Assembly Merit Scholar supplemental award pursuant to § 49-4-916; and

“(5) Pursuant to the provisions of § 49-4-920, the award amount for an eligible student under the Tennessee HOPE access grant shall be $1,375 per semester at four-year schools and $875 per semester at two-year schools.

“(c) The 2013-2014 award amount for an eligible student under the Wilder-Naifeh Technical Skills Grant pursuant to § 49-4-921 shall be $2,000.

“(d) The 2013-2014 award amount for an eligible student under the Tennessee HOPE foster child tuition grant shall be determined under the provisions of § 49-4-933.

“(e) The 2013-2014 award amount shall be $1,000 per semester for successful completion of twelve (12) or more semester hours for an eligible student under the Helping Heroes Grant pursuant to § 49-4-938; provided, however, that the total amount expended for Helping Heroes Grants shall not exceed $750,000.

“(f) The 2013-2014 award amount shall be determined pursuant to the provisions of § 49-4-939 for an eligible student under the Tennessee Rural Health scholarship; provided, however, that the total amount expended for Tennessee Rural Health scholarships shall not exceed $300,000.

“(g) The 2013-2014 award amount shall be determined by the Tennessee student assistance corporation in accordance with § 49-4-930 for an eligible student under the dual enrollment grant.”

For the preamble to the act concerning the Tennessee Promise Scholarship Act of 2014, please refer to Acts 2014, ch. 900.

Acts 2017, ch. 448, § 9 provided that TSAC is authorized to promulgate rules to effectuate the purposes of this act, which amended this section, including the determination of student eligibility, leaves of absences, and the distribution of funds appropriated for grants under the program. All such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act compiled in title 4, chapter 5.

49-4-915. ASPIRE awards.

  1. To be eligible for an ASPIRE award, a student shall:
    1. Be eligible for a Tennessee HOPE scholarship; and
    2. Have an adjusted gross income attributable to the student that does not exceed thirty-six thousand dollars ($36,000).
  2. 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.
  3. The adjusted gross income attributable to the student shall be reviewed each academic year to determine continuing eligibility for the ASPIRE award.

Acts 2003, ch. 298, § 1; 2005, ch. 481, §§ 25, 29.

Compiler's Notes. Acts 2013, ch. 453, § 52 provided that: “(a) For students who first received the Tennessee HOPE scholarship, Tennessee HOPE access grant or Tennessee HOPE scholarship for nontraditional students before the fall semester of 2009, award amounts for the 2013-2014 academic year (two semesters) shall be:

“(1) $4,000 for an eligible student under the HOPE scholarship award or HOPE nontraditional scholarship award pursuant to § 49-4-914(a);

“(2) $2,000 for an eligible student under the HOPE scholarship award pursuant to § 49-4-914(b);

“(3) $1,500 for an eligible student under the ASPIRE need-based supplemental award pursuant to § 49-4-915; and

“(4) $1,000 for an eligible student under the General Assembly Merit Scholar supplemental award pursuant to § 49-4-916.

“(b) For students who first received the Tennessee HOPE scholarship, Tennessee HOPE access grant or Tennessee HOPE scholarship for nontraditional students beginning the fall semester of 2009 or thereafter, award amounts for the 2013-2014 academic year shall be:

“(1) $2,000 per semester for an eligible student under the HOPE scholarship award or HOPE nontraditional scholarship award pursuant to § 49-4-914(a);

“(2) $1,000 per semester for an eligible student under the HOPE scholarship award pursuant to § 49-4-914(b);

“(3) $750 per semester for an eligible student under the ASPIRE need-based supplemental award pursuant to § 49-4-915;

“(4) $500 per semester for an eligible student under the General Assembly Merit Scholar supplemental award pursuant to § 49-4-916; and

“(5) Pursuant to the provisions of § 49-4-920, the award amount for an eligible student under the Tennessee HOPE access grant shall be $1,375 per semester at four-year schools and $875 per semester at two-year schools.

“(c) The 2013-2014 award amount for an eligible student under the Wilder-Naifeh Technical Skills Grant pursuant to § 49-4-921 shall be $2,000.

“(d) The 2013-2014 award amount for an eligible student under the Tennessee HOPE foster child tuition grant shall be determined under the provisions of § 49-4-933.

“(e) The 2013-2014 award amount shall be $1,000 per semester for successful completion of twelve (12) or more semester hours for an eligible student under the Helping Heroes Grant pursuant to § 49-4-938; provided, however, that the total amount expended for Helping Heroes Grants shall not exceed $750,000.

“(f) The 2013-2014 award amount shall be determined pursuant to the provisions of § 49-4-939 for an eligible student under the Tennessee Rural Health scholarship; provided, however, that the total amount expended for Tennessee Rural Health scholarships shall not exceed $300,000.

“(g) The 2013-2014 award amount shall be determined by the Tennessee student assistance corporation in accordance with § 49-4-930 for an eligible student under the dual enrollment grant.”

49-4-916. Merit scholarship.

  1. To be eligible for a general assembly merit scholarship as an entering freshman, a student must:
    1. Meet all requirements for a Tennessee HOPE scholarship;
    2. Achieve a final high school grade point average of at least 3.75; and
    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.
  2. 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. Meet all requirements for a Tennessee Hope scholarship that are applicable to the student;
    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. During the course of a home school program or while attending an ineligible high school:
      1. 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. Participate in a governor's school program, and achieve a cumulative grade point average of at least 3.0;
      3. Take two (2) Advanced Placement (AP) examinations, and make a score of at least three (3); or
      4. Take one (1) College-Level Examination Program (CLEP) test, and make a score of at least fifty-five (55);
    4. Apply for a general assembly merit scholarship; and
    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.
  3. 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.
  4. 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.
  5. 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.

Acts 2003, ch. 298, § 1; 2004, ch. 840, §§ 14, 21, 22, 23, 27, 28; 2004, ch. 881, §§ 3, 4, 5; 2005, ch. 481, §§ 9, 10, 16; 2016, ch. 943, §§ 1, 2; 2017, ch. 328, § 3; 2020, ch. 794, § 37.

Code Commission Notes.

Former subsection (d), concerning eligibility for general merit scholarships, was deleted as obsolete by the code commission in 2009.

Compiler's Notes. Acts 2004, ch. 840, § 30(a) provided that the amendment of subdivisions (a)(2) and (d)(1)(A) by §§ 27, 28 of that act shall apply to students seeking financial assistance from lottery proceeds for the 2005-2006 school year and thereafter.

Acts 2004, ch. 840, § 30(b) provided that the amendment of the introductory paragraphs, subdivisions (a)(3) and (d)(1)(B) by §§ 14 and 21-23 of that act shall apply to students seeking financial assistance from lottery proceeds for the 2004-2005 school year and thereafter.

Acts 2005, ch. 481, § 30, provided that: (a) A student who was eligible for a Tennessee HOPE scholarship, a general assembly merit scholarship, or a Tennessee HOPE access grant for the 2004-2005 academic year, but who did not attend any postsecondary institution in the 2004-2005 academic year, may apply for such scholarship or grant under the amendments made to title 49, chapter 4, part 9 by §§ 5 through 13 of the act. TSAC may award the scholarship, if the student meets all applicable requirements for the scholarship or grant and the student is admitted to and enrolls in an eligible postsecondary institution no later than sixteen (16) months after graduating from an eligible high school, graduating from a high school located in Tennessee that is not an eligible high school, completing high school in a Tennessee home school, or obtaining a GED(R).

A student may apply for the retroactive award of a Tennessee HOPE scholarship, a general assembly merit scholarship, or a Tennessee HOPE access grant for any semester of the 2004-2005 academic year in which the student would have qualified for a scholarship or grant under §§ 14-20, or § 22 of the act, had such provisions been in effect during that academic year. TSAC may award the scholarship or grant retroactively, if the student meets all applicable requirements for the scholarship or grant.”

Acts 2013, ch. 453, § 52 provided that: “(a) For students who first received the Tennessee HOPE scholarship, Tennessee HOPE access grant or Tennessee HOPE scholarship for nontraditional students before the fall semester of 2009, award amounts for the 2013-2014 academic year (two semesters) shall be:

“(1) $4,000 for an eligible student under the HOPE scholarship award or HOPE nontraditional scholarship award pursuant to § 49-4-914(a);

“(2) $2,000 for an eligible student under the HOPE scholarship award pursuant to § 49-4-914(b);

“(3) $1,500 for an eligible student under the ASPIRE need-based supplemental award pursuant to § 49-4-915; and

“(4) $1,000 for an eligible student under the General Assembly Merit Scholar supplemental award pursuant to § 49-4-916.

“(b) For students who first received the Tennessee HOPE scholarship, Tennessee HOPE access grant or Tennessee HOPE scholarship for nontraditional students beginning the fall semester of 2009 or thereafter, award amounts for the 2013-2014 academic year shall be:

“(1) $2,000 per semester for an eligible student under the HOPE scholarship award or HOPE nontraditional scholarship award pursuant to § 49-4-914(a);

“(2) $1,000 per semester for an eligible student under the HOPE scholarship award pursuant to § 49-4-914(b);

“(3) $750 per semester for an eligible student under the ASPIRE need-based supplemental award pursuant to § 49-4-915;

“(4) $500 per semester for an eligible student under the General Assembly Merit Scholar supplemental award pursuant to § 49-4-916; and

“(5) Pursuant to the provisions of § 49-4-920, the award amount for an eligible student under the Tennessee HOPE access grant shall be $1,375 per semester at four-year schools and $875 per semester at two-year schools.

“(c) The 2013-2014 award amount for an eligible student under the Wilder-Naifeh Technical Skills Grant pursuant to § 49-4-921 shall be $2,000.

“(d) The 2013-2014 award amount for an eligible student under the Tennessee HOPE foster child tuition grant shall be determined under the provisions of § 49-4-933.

“(e) The 2013-2014 award amount shall be $1,000 per semester for successful completion of twelve (12) or more semester hours for an eligible student under the Helping Heroes Grant pursuant to § 49-4-938; provided, however, that the total amount expended for Helping Heroes Grants shall not exceed $750,000.

“(f) The 2013-2014 award amount shall be determined pursuant to the provisions of § 49-4-939 for an eligible student under the Tennessee Rural Health scholarship; provided, however, that the total amount expended for Tennessee Rural Health scholarships shall not exceed $300,000.

“(g) The 2013-2014 award amount shall be determined by the Tennessee student assistance corporation in accordance with § 49-4-930 for an eligible student under the dual enrollment grant.”

Acts 2016, ch. 943, § 3 provided that the act, which amended this section, shall apply to students seeking postsecondary financial assistance from net lottery proceeds for the 2016-2017 academic year and academic years thereafter.

Acts 2017, ch. 328, § 8 provided that the act, which amended this section,  shall apply to students seeking postsecondary financial assistance from net  lottery proceeds for the 2017-2018 academic years and academic years thereafter.

For the Preamble to the act concerning HOPE Lottery Scholarships and the Tennessee Promise and Reconnect programs, see Acts 2020, ch. 794.

Acts 2020, ch. 794, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Financial Aid Simplification for Tennesseans (FAST) Act”.

Amendments. The 2020 amendment, in (a), deleted “who graduates from an eligible high school after December 1, 2003, upon meeting all curriculum requirements of the high school for graduation and who is seeking an associate or baccalaureate degree at an eligible postsecondary institution,” following “a student” and substituted “must:” for “shall:”;  in (a)(2) deleted “overall weighted” following “Achieve a final”, and inserted “; and”; substituted a period for a semicolon at the end of (a)(3); and deleted (a)(4) and (a)(5) which read: “(4)  Apply for a general assembly merit scholarship; and

“(5)  Be admitted to and enroll in an eligible postsecondary institution no later than sixteen (16) months after graduating from high school.”

Effective Dates. Acts 2020, ch. 794, § 70.  August 1, 2020.

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.

Acts 2003, ch. 298, § 1; 2005, ch. 481, § 29.

49-4-918. Military service.

  1. 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 GED(R) or HiSET(R) 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.
  2. To be eligible for a Tennessee HOPE scholarship, the student shall:
    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. 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 GED(R) or HiSET(R).
  3. 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.
  4. 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.

Acts 2003, ch. 298, § 1; 2004, ch. 690, §§ 1, 2; 2004, ch. 840, § 15; 2015, ch. 495, § 6.

Compiler's Notes. Acts 2004, ch. 840, § 30(b) provided that the amendment by that act shall apply to students seeking financial assistance from lottery proceeds for the 2004-2005 school year and thereafter.

49-4-919. Medical or personal leave of absence. [Effective until July 1, 2021. See the version effective on July 1, 2021.]

  1. 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. The student has earned a baccalaureate degree; or
    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.
  2. Notwithstanding subsection (a), a student who first receives a Tennessee HOPE scholarship in the fall semester of 2009 or later, may receive the scholarship until the first of the terminating events described in § 49-4-913(b) and (c).
  3. 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.
    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. 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.

Acts 2003, ch. 298, § 1; 2008, ch. 1142, § 8; 2014, ch. 900, § 7; 2020, ch. 533, § 1.

Compiler's Notes. Acts 2008, ch. 1142, § 23 provided that it is the legislative intent, when additional net lottery proceeds become available in a subsequent fiscal year, that the next funding priority should be adding additional semesters to the established eligibility retention requirements for the Tennessee HOPE scholarship for students who earn a cumulative 2.75 grade point average.

Acts 2008, ch. 1142, § 24 provided that, subject to appropriation by the general assembly, it is the legislative intent that six million eight hundred thousand dollars ($6,800,000) from the lottery for education account may be used to supplement student assistance awards each year.

Acts 2008, ch. 1142, § 27 provided that: (a) TSAC is authorized to promulgate rules and regulations to effectuate the purposes of the act. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

THEC is authorized to promulgate rules and regulations to effectuate the purposes of the act. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2008, ch. 1142, § 28 provided that the act shall not be construed to be an appropriation of funds and that no funds shall be obligated or expended pursuant to the act unless the funds are specifically appropriated by the general appropriations act.

For the preamble to the act concerning the Tennessee Promise Scholarship Act of 2014, please refer to Acts 2014, ch. 900.

Amendments. The 2020 amendment added (d)(2).

Effective Dates. Acts 2020, ch. 533, § 2. March 19, 2020.

49-4-919. Medical or personal leave of absence. [Effective on July 1, 2021. See the version effective until July 1, 2021.]

  1. 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. The student has earned a baccalaureate degree; or
    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.
  2. [Deleted by 2020 amendment.]
  3. 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.
    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. 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.

Acts 2003, ch. 298, § 1; 2008, ch. 1142, § 8; 2014, ch. 900, § 7; 2020, ch. 533, § 1; 2020, ch. 794, § 38.

Compiler's Notes. Acts 2008, ch. 1142, § 23 provided that it is the legislative intent, when additional net lottery proceeds become available in a subsequent fiscal year, that the next funding priority should be adding additional semesters to the established eligibility retention requirements for the Tennessee HOPE scholarship for students who earn a cumulative 2.75 grade point average.

Acts 2008, ch. 1142, § 24 provided that, subject to appropriation by the general assembly, it is the legislative intent that six million eight hundred thousand dollars ($6,800,000) from the lottery for education account may be used to supplement student assistance awards each year.

Acts 2008, ch. 1142, § 27 provided that: (a) TSAC is authorized to promulgate rules and regulations to effectuate the purposes of the act. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

THEC is authorized to promulgate rules and regulations to effectuate the purposes of the act. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2008, ch. 1142, § 28 provided that the act shall not be construed to be an appropriation of funds and that no funds shall be obligated or expended pursuant to the act unless the funds are specifically appropriated by the general appropriations act.

For the preamble to the act concerning the Tennessee Promise Scholarship Act of 2014, please refer to Acts 2014, ch. 900.

For the Preamble to the act concerning HOPE Lottery Scholarships and the Tennessee Promise and Reconnect programs, see Acts 2020, ch. 794..

Acts 2020, ch. 794, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Financial Aid Simplification for Tennesseans (FAST) Act”.

Amendments. The 2020 amendment by ch. 533 added (d)(2).

The 2020 amendment by ch. 794, effective July 1, 2021, deleted (b), which read: “Notwithstanding subsection (a), a student who first receives a Tennessee HOPE scholarship in the fall semester of 2009 or later, may receive the scholarship until the first of the terminating events described in § 49-4-913(b) and (c).”

Effective Dates. Acts 2020, ch. 533, § 2. March 19, 2020.

Acts 2020, ch. 794, § 70. July 1, 2021.

49-4-920. HOPE access grant.

  1. To be eligible for a Tennessee HOPE access grant, an entering freshman student shall:
    1. Meet all requirements of §§ 49-4-904 and 49-4-905;
    2. Have an adjusted gross income attributable to the student that does not exceed thirty-six thousand dollars ($36,000);
    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. Graduate from an eligible high school after December 1, 2003, upon having completed curriculum requirements of the high school for graduation;
    5. Achieve a final high school grade point average of at least 2.75;
    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. Be admitted to, and enroll in, an eligible postsecondary institution no later than sixteen (16) months after graduation from an eligible high school.
    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. A student receiving a Tennessee HOPE access grant shall maintain continuous enrollment at an eligible postsecondary institution.
    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.
  2. 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.
  3. 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.
    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. 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.
  4. A student may receive a Tennessee HOPE scholarship after having received a Tennessee HOPE access grant until the first of the following events:
    1. The student has earned a baccalaureate degree; or
    2. Five (5) years have passed from the date of the student's initial enrollment at any postsecondary institution.
  5. [Deleted by 2020 amendment.]

Acts 2003, ch. 298, § 1; 2004, ch. 840, §§ 16, 24, 25; 2004, ch. 881, §§ 6, 7; 2005, ch. 481, §§ 3, 11-13, 17, 29; 2008, ch. 1142, §§ 5, 9; 2011, ch. 437, § 4; 2014, ch. 900, § 8; 2017, ch. 328, § 4; 2020, ch. 794, §§ 39-41.

Compiler's Notes. Acts 2004, ch. 840, § 30(b) provided that the amendment by that act shall apply to students seeking financial assistance from lottery proceeds for the 2004-2005 school year and thereafter.

Acts 2005, ch. 481, § 30, provided that:

“(a)  A student who was eligible for a Tennessee HOPE scholarship, a general assembly merit scholarship, or a Tennessee HOPE access grant for the 2004-2005 academic year, but who did not attend any postsecondary institution in the 2004-2005 academic year, may apply for such scholarship or grant under the amendments made to title 49, chapter 4, part 9 by §§ 5 through 13 of the act. TSAC may award the scholarship, if the student meets all applicable requirements for the scholarship or grant and the student is admitted to and enrolls in an eligible postsecondary institution no later than sixteen (16) months after graduating from an eligible high school, graduating from a high school located in Tennessee that is not an eligible high school,completing high school in a Tennessee home school, or obtaining a GED(R).

“(b)  A student may apply for the retroactive award of a Tennessee HOPE scholarship, a general assembly merit scholarship, or a Tennessee HOPE access grant for any semester of the 2004-2005 academic year in which the student would have qualified for a scholarship or grant under §§ 14-20, or § 22 of the act, had such provisions been in effect during that academic year. TSAC may award the scholarship or grant retroactively, if the student meets all applicable requirements for the scholarship or grant.”

Acts 2008, ch. 1142, § 23 provided that it is the legislative intent, when additional net lottery proceeds become available in a subsequent fiscal year, that the next funding priority should be adding additional semesters to the established eligibility retention requirements for the Tennessee HOPE scholarship for students who earn a cumulative 2.75 grade point average.

Acts 2008, ch. 1142, § 24 provided that, subject to appropriation by the general assembly, it is the legislative intent that six million eight hundred thousand dollars ($6,800,000) from the lottery for education account may be used to supplement student assistance awards each year.

Acts 2008, ch. 1142, § 27 provided that: (a) TSAC is authorized to promulgate rules and regulations to effectuate the purposes of the act. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

THEC is authorized to promulgate rules and regulations to effectuate the purposes of the act. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2008, ch. 1142, § 28 provided that the act shall not be construed to be an appropriation of funds and that no funds shall be obligated or expended pursuant to the act unless the funds are specifically appropriated by the general appropriations act.

Acts 2008, ch. 1142, § 30 provided that § 5 of the act, which rewrote subsection (e), shall apply to students seeking to continue or regain eligibility for Tennessee HOPE scholarships who reach benchmarks for reviewing eligibility pursuant to § 49-4-911 on or after June 13, 2008.

Acts 2011, ch. 437, § 7 provided that the act, which added subsection (g), shall apply to scholarships and grants awarded for the fall semester of 2011 and thereafter.

Acts 2013, ch. 453, § 52 provided that: “(a) For students who first received the Tennessee HOPE scholarship, Tennessee HOPE access grant or Tennessee HOPE scholarship for nontraditional students before the fall semester of 2009, award amounts for the 2013-2014 academic year (two semesters) shall be:

“(1) $4,000 for an eligible student under the HOPE scholarship award or HOPE nontraditional scholarship award pursuant to § 49-4-914(a);

“(2) $2,000 for an eligible student under the HOPE scholarship award pursuant to § 49-4-914(b);

“(3) $1,500 for an eligible student under the ASPIRE need-based supplemental award pursuant to § 49-4-915; and

“(4) $1,000 for an eligible student under the General Assembly Merit Scholar supplemental award pursuant to § 49-4-916.

“(b) For students who first received the Tennessee HOPE scholarship, Tennessee HOPE access grant or Tennessee HOPE scholarship for nontraditional students beginning the fall semester of 2009 or thereafter, award amounts for the 2013-2014 academic year shall be:

“(1) $2,000 per semester for an eligible student under the HOPE scholarship award or HOPE nontraditional scholarship award pursuant to § 49-4-914(a);

“(2) $1,000 per semester for an eligible student under the HOPE scholarship award pursuant to § 49-4-914(b);

“(3) $750 per semester for an eligible student under the ASPIRE need-based supplemental award pursuant to § 49-4-915;

“(4) $500 per semester for an eligible student under the General Assembly Merit Scholar supplemental award pursuant to § 49-4-916; and

“(5) Pursuant to the provisions of § 49-4-920, the award amount for an eligible student under the Tennessee HOPE access grant shall be $1,375 per semester at four-year schools and $875 per semester at two-year schools.

“(c) The 2013-2014 award amount for an eligible student under the Wilder-Naifeh Technical Skills Grant pursuant to § 49-4-921 shall be $2,000.

“(d) The 2013-2014 award amount for an eligible student under the Tennessee HOPE foster child tuition grant shall be determined under the provisions of § 49-4-933.

“(e) The 2013-2014 award amount shall be $1,000 per semester for successful completion of twelve (12) or more semester hours for an eligible student under the Helping Heroes Grant pursuant to § 49-4-938; provided, however, that the total amount expended for Helping Heroes Grants shall not exceed $750,000.

“(f) The 2013-2014 award amount shall be determined pursuant to the provisions of § 49-4-939 for an eligible student under the Tennessee Rural Health scholarship; provided, however, that the total amount expended for Tennessee Rural Health scholarships shall not exceed $300,000.

“(g) The 2013-2014 award amount shall be determined by the Tennessee student assistance corporation in accordance with § 49-4-930 for an eligible student under the dual enrollment grant.”

For the preamble to the act concerning the Tennessee Promise Scholarship Act of 2014, please refer to Acts 2014, ch. 900.

Acts 2017, ch. 328, § 8 provided that the act, which amended this section,  shall apply to students seeking postsecondary financial assistance from net  lottery proceeds for the 2017-2018 academic years and academic years thereafter.

For the Preamble to the act concerning HOPE Lottery Scholarships and the Tennessee Promise and Reconnect programs, see Acts 2020, ch. 794.

Acts 2020, ch. 794, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Financial Aid Simplification for Tennesseans (FAST) Act”.

Amendments. The 2020 amendment, in (a)(3), substituted “Submit an initial” for “Apply for a” and “application no later than September 1, 2021, or a renewal application by the deadline published on TSAC's website each year thereafter;” for “and file a FAFSA;”; deleted “overall weighted” following “Achieve a final” in (a)(5); and deleted (g), which read: “Notwithstanding subsection (f), a student who first receives a Tennessee HOPE scholarship after having received a Tennessee HOPE access grant in the fall semester of 2009 or later may receive the scholarship until the first of the terminating events described in § 49-4-913(b) and (c).”

Effective Dates. Acts 2020, ch. 794, § 70. August 1, 2020.

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

  1. 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. Meet the requirements of §§ 49-4-904 and 49-4-905(a); and
    2. Be admitted to the institution in a program of study leading to a certificate or diploma.
  2. 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.
  3. 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.
  4. Until receipt of the certificate or diploma, a student shall reapply each academic year for the Wilder-Naifeh technical skills grant.
  5. An eligible student may receive a Wilder-Naifeh technical skills grant for all course work required by the institution for a program of study leading to a certificate or diploma. Wilder-Naifeh technical skills grants may not be used for continuing education courses.
  6. 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.
  7. No student shall be eligible for more than one (1) Wilder-Naifeh technical skills grant.

Acts 2003, ch. 298, § 1; 2005, ch. 481, § 32; 2006, ch. 974, § 7; 2013, ch. 473, § 13; 2014, ch. 900, § 9.

Compiler's Notes. Acts 2006, ch. 974, § 3 provided that the provisions of the act shall not be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to the act, unless such funds are specifically appropriated by the general appropriations act.

Acts 2006, ch. 974, § 5 provided that a student may apply for the retroactive award of a Tennessee HOPE scholarship for any semester of the 2005-2006 academic year in which the student would have qualified for a scholarship under the act, had the provisions of the act been in effect during that academic year. TSAC may award the scholarship retroactively, if the student meets all applicable requirements for the scholarship.

Acts 2013, ch. 453, § 52 provided that: “(a) For students who first received the Tennessee HOPE scholarship, Tennessee HOPE access grant or Tennessee HOPE scholarship for nontraditional students before the fall semester of 2009, award amounts for the 2013-2014 academic year (two semesters) shall be:

“(1) $4,000 for an eligible student under the HOPE scholarship award or HOPE nontraditional scholarship award pursuant to § 49-4-914(a);

“(2) $2,000 for an eligible student under the HOPE scholarship award pursuant to § 49-4-914(b);

“(3) $1,500 for an eligible student under the ASPIRE need-based supplemental award pursuant to § 49-4-915; and

“(4) $1,000 for an eligible student under the General Assembly Merit Scholar supplemental award pursuant to § 49-4-916.

“(b) For students who first received the Tennessee HOPE scholarship, Tennessee HOPE access grant or Tennessee HOPE scholarship for nontraditional students beginning the fall semester of 2009 or thereafter, award amounts for the 2013-2014 academic year shall be:

“(1) $2,000 per semester for an eligible student under the HOPE scholarship award or HOPE nontraditional scholarship award pursuant to § 49-4-914(a);

“(2) $1,000 per semester for an eligible student under the HOPE scholarship award pursuant to § 49-4-914(b);

“(3) $750 per semester for an eligible student under the ASPIRE need-based supplemental award pursuant to § 49-4-915;

“(4) $500 per semester for an eligible student under the General Assembly Merit Scholar supplemental award pursuant to § 49-4-916; and

“(5) Pursuant to the provisions of § 49-4-920, the award amount for an eligible student under the Tennessee HOPE access grant shall be $1,375 per semester at four-year schools and $875 per semester at two-year schools.

“(c) The 2013-2014 award amount for an eligible student under the Wilder-Naifeh Technical Skills Grant pursuant to § 49-4-921 shall be $2,000.

“(d) The 2013-2014 award amount for an eligible student under the Tennessee HOPE foster child tuition grant shall be determined under the provisions of § 49-4-933.

“(e) The 2013-2014 award amount shall be $1,000 per semester for successful completion of twelve (12) or more semester hours for an eligible student under the Helping Heroes Grant pursuant to § 49-4-938; provided, however, that the total amount expended for Helping Heroes Grants shall not exceed $750,000.

“(f) The 2013-2014 award amount shall be determined pursuant to the provisions of § 49-4-939 for an eligible student under the Tennessee Rural Health scholarship; provided, however, that the total amount expended for Tennessee Rural Health scholarships shall not exceed $300,000.

“(g) The 2013-2014 award amount shall be determined by the Tennessee student assistance corporation in accordance with § 49-4-930 for an eligible student under the dual enrollment grant.”

For the preamble to the act concerning the Tennessee Promise Scholarship Act of 2014, please refer to Acts 2014, ch. 900.

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.

Acts 2003, ch. 298, § 1; 2004, ch. 840, § 17; 2005, ch. 481, § 29.

Compiler's Notes. Acts 2004, ch. 840, § 30(b) provided that the amendment by that act shall apply to students seeking financial assistance from lottery proceeds for the 2004-2005 school year and thereafter.

49-4-923. Wilder-Naifeh reconnect grant. [Effective until July 1, 2021. See the version effective on July 1, 2021.]

  1. This section shall be known and may be cited as the “Wilder-Naifeh reconnect grant.”
  2. 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. Meet the requirements of §§ 49-4-904 and 49-4-905(a);
    2. Be admitted to the institution in a program of study leading to a certificate or diploma;
    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. Be an independent student as determined by the FAFSA.
  3. 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.
  4. 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.
  5. A student shall reapply each academic year for the Wilder-Naifeh reconnect grant.
  6. An eligible student may receive a Wilder-Naifeh reconnect grant for all course work required by the institution for a program of study leading to a certificate or diploma. Wilder-Naifeh reconnect grants may not be used for continuing education courses.
  7. 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.
  8. No student shall be eligible for more than one (1) Wilder-Naifeh reconnect grant.

Acts 2014, ch. 900, § 10; 2015, ch. 363, § 2.

Code Commission Notes.

A former § 49-4-923, enacted by Acts 2003, ch. 298, § 1, concerning scholarships or grants to be awarded under this part not commencing prior to the 2004 fall semester, was deleted as obsolete by authority of the code commission in 2013.

Compiler's Notes.  For the preamble to the act concerning the Tennessee Promise Scholarship Act of 2014, please refer to Acts 2014, ch. 900.

49-4-923. Wilder-Naifeh reconnect grant. [Effective on July 1, 2021. See the version effective until July 1, 2021.]

  1. This section shall be known and may be cited as the “Wilder-Naifeh reconnect grant.”
  2. 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. Meet the requirements of §§ 49-4-904 and 49-4-905(a);
    2. Be admitted to the institution in an eligible program of study;
    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. Be an independent student as determined by the FAFSA.
  3. 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.
  4. 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.
  5. A student shall reapply each academic year for the Wilder-Naifeh reconnect grant.
  6. 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.
  7. 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.
  8. No student shall be eligible for more than one (1) Wilder-Naifeh reconnect grant.

Acts 2014, ch. 900, § 10; 2015, ch. 363, § 2; 2020, ch. 794, § 42.

Code Commission Notes.

A former § 49-4-923, enacted by Acts 2003, ch. 298, § 1, concerning scholarships or grants to be awarded under this part not commencing prior to the 2004 fall semester, was deleted as obsolete by authority of the code commission in 2013.

Compiler's Notes.  For the preamble to the act concerning the Tennessee Promise Scholarship Act of 2014, please refer to Acts 2014, ch. 900.

For the Preamble to the act concerning HOPE Lottery Scholarships and the Tennessee Promise and Reconnect programs, see Acts 2020, ch. 794.

Acts 2020, ch. 794, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Financial Aid Simplification for Tennesseans (FAST) Act”.

Amendments. The 2020 amendment, effective July 1, 2021, substituted “an eligible program of study” for ”a program of study leading to a certificate or diploma” in (b)(2) and (f).

Effective Dates. Acts 2020, ch. 794, § 70. July 1, 2021.

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

  1. 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.
  2. 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 student withdraws from a course and the withdrawal does not reduce the student's course load below twelve (12) semester hours. 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.
  3. 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.
  4. 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.
  5. 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.

Acts 2003, ch. 298, § 1; 2009, ch. 566, § 12.

Compiler's Notes. Acts 2009, ch. 566, § 12 provided that the Tennessee code commission is directed to change all references to public necessity rules, wherever such references appear in this code, to emergency rules, as sections are amended and volumes are replaced.

Attorney General Opinions. Use of lottery proceeds for test preparation computer modules is not authorized, OAG 06-111, 2006 Tenn. AG LEXIS 120 (7/13/06).

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.

Acts 2003, ch. 298, § 8.

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

  1. 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 GED(R) or HiSET(R) 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 GED(R) or HiSET(R), 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.
  2. As used in this section:
    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. “Military parent” means a parent of a dependent child who is:
      1. 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. 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. A full-time civilian employee of the department of defense working outside of this state; and
    3. “Tennessee national guard” means any federally recognized unit of the Tennessee army and air national guard.
  3. This section shall only apply to:
      1. 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. 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
    1. Dependent children of full-time civilian employees of the United States department of defense, who are legal residents of this state.

Acts 2004, ch. 840, § 18; 2005, ch. 481, §§ 18-20; 2015, ch. 491, § 1; 2015, ch. 495, § 7.

Compiler's Notes. Acts 2004, ch. 840, § 30(b) provided that the enactment of this section by that act shall apply to students seeking financial assistance from lottery proceeds for the 2004-2005 school year and thereafter.

Acts 2005, ch. 481, § 30, provided that:

“(a)  A student who was eligible for a Tennessee HOPE scholarship, a general assembly merit scholarship, or a Tennessee HOPE access grant for the 2004-2005 academic year, but who did not attend any postsecondary institution in the 2004-2005 academic year, may apply for such scholarship or grant under the amendments made to title 49, chapter 4, part 9 by §§ 5 through 13 of the act. TSAC may award the scholarship, if the student meets all applicable requirements for the scholarship or grant and the student is admitted to and enrolls in an eligible postsecondary institution no later than sixteen (16) months after graduating from an eligible high school, graduating from a high school located in Tennessee that is not an eligible high school, completing high school in a Tennessee home school, or obtaining a GED(R).

“(b)  A student may apply for the retroactive award of a Tennessee HOPE scholarship, a general assembly merit scholarship, or a Tennessee HOPE access grant for any semester of the 2004-2005 academic year in which the student would have qualified for a scholarship or grant under §§ 14-20, or § 22 of the act, had such provisions been in effect during that academic year. TSAC may award the scholarship or grant retroactively, if the student meets all applicable requirements for the scholarship or grant.”

Acts 2015, ch. 491, § 2 provided that the act, which amended (c)(1), shall apply to students seeking postsecondary financial assistance from net lottery proceeds for the 2015-2016 academic year and academic years thereafter.

49-4-927. [Repealed.]

Compiler's Notes. For the Preamble to the act concerning HOPE Lottery Scholarships and the Tennessee Promise and Reconnect programs, see Acts 2020, ch. 794. Acts 2020, ch. 794, § 1 provided that the act, which repealed this section, shall be known and may be cited as the “Financial Aid Simplification for Tennesseans (FAST) Act”.

Former § 49-4-927 (Acts 2015, ch. 363, § 1; 2016, ch. 1081, §§ 1-6; 2017, ch. 448, §§ 4-7), concerning Community College Reconnect Grant, was repealed by Acts 2020, ch. 794, § 43, effective August 1, 2020.

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

  1. As used in this section, unless the context otherwise requires:
    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. “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. “Serving honorably” means the character of service condition as reported on certificate of release or discharge from active duty (department of defense form 214).
  2. 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.
  3. A student claiming eligibility under this section shall present the documentation required by § 49-7-102(b)(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. 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.
  4. 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.

Acts 2004, ch. 872, § 1.

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

  1. 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. Not be ineligible for the scholarship under § 49-4-904;
    2. Meet the requirements of § 49-4-905;
    3. Be admitted to and enroll in a regionally accredited postsecondary institution located outside of this state;
    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. Apply for a Tennessee HOPE scholarship; and
    6. Be admitted to and enroll in an eligible postsecondary institution.
  2. 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 GED(R) or HiSET(R).
  3. 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. Section 49-4-911(a)(1) and the student transfers before attempting forty-eight (48) semester hours; or
    2. Section 49-4-911(a)(1) or (a)(2) and the student transfers after attempting forty-eight (48) or more semester hours.
  4. 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.
  5. 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.

Acts 2005, ch. 481, § 14; 2008, ch. 1142, § 6; 2015, ch. 495, § 8.

Code Commission Notes.

Former subsection (f), concerning eligibility for Tennessee HOPE scholarships of students who remained at postsecondary institutions outside Tennessee  during the 2004-2005 academic year, was deleted as obsolete by the code commission in 2009.

Compiler's Notes. Acts 2005, ch. 481, § 30, provided that:

“(a)  A student who was eligible for a Tennessee HOPE scholarship, a general assembly merit scholarship, or a Tennessee HOPE access grant for the 2004-2005 academic year, but who did not attend any postsecondary institution in the 2004-2005 academic year, may apply for such scholarship or grant under the amendments made to title 49, chapter 4, part 9 by §§ 5 through 13 of the act. TSAC may award the scholarship, if the student meets all applicable requirements for the scholarship or grant and the student is admitted to and enrolls in an eligible postsecondary institution no later than sixteen (16) months after graduating from an eligible high school, graduating from a high school located in Tennessee that is not an eligible high school, completing high school in a Tennessee home school, or obtaining a GED(R).

“(b)  A student may apply for the retroactive award of a Tennessee HOPE scholarship, a general assembly merit scholarship, or a Tennessee HOPE access grant for any semester of the 2004-2005 academic year in which the student would have qualified for a scholarship or grant under §§ 14-20, or § 22 of the act, had such provisions been in effect during that academic year. TSAC may award the scholarship or grant retroactively, if the student meets all applicable requirements for the scholarship or grant.”

Acts 2008, ch. 1142, § 23 provided that it is the legislative intent, when additional net lottery proceeds become available in a subsequent fiscal year, that the next funding priority should be adding additional semesters to the established eligibility retention requirements for the Tennessee HOPE scholarship for students who earn a cumulative 2.75 grade point average.

Acts 2008, ch. 1142, § 24 provided that, subject to appropriation by the general assembly, it is the legislative intent that six million eight hundred thousand dollars ($6,800,000) from the lottery for education account may be used to supplement student assistance awards each year.

Acts 2008, ch. 1142, § 27 provided that: (a) TSAC is authorized to promulgate rules and regulations to effectuate the purposes of the act. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

THEC is authorized to promulgate rules and regulations to effectuate the purposes of the act. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2008, ch. 1142, § 28 provided that the act shall not be construed to be an appropriation of funds and that no funds shall be obligated or expended pursuant to the act unless the funds are specifically appropriated by the general appropriations act.

Acts 2008, ch. 1142, § 30 provided that § 6 of the act, which rewrote subsection (c), shall apply to students seeking to continue or regain eligibility for Tennessee HOPE scholarships who reach benchmarks for reviewing eligibility pursuant to § 49-4-911 on or after June 13, 2008.

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

  1. As used in this section:
    1. “Certificate” or “diploma” has the same meaning as defined in § 49-4-902, except that “certificate” or “diploma” also means a credential, other than a degree, the receipt of which indicates satisfactory completion of training in a program of study offered by a community college operated by the board of regents of the state university and community college system; and
    2. “Course” includes a course taken at an eligible postsecondary institution, or the equivalent at a Tennessee college of applied technology.
  2. A high school student who is also enrolled in an eligible postsecondary institution is eligible for a dual enrollment grant, if the student:
    1. Is not ineligible for the grant under § 49-4-904;
    2. Is a resident of this state, as classified pursuant to § 49-8-104;
    3. Is admitted to an eligible postsecondary institution as a dual enrollment student; and
    4. Applies for the dual enrollment grant each academic year in which the student takes a dual enrollment course.
  3. A student receiving a dual enrollment grant may enroll in one (1) course per semester at an eligible postsecondary institution under the following conditions:
    1. To be eligible for a dual enrollment grant for a semester beyond the first semester of receipt in an academic year, the student must continue to meet all eligibility requirements for the grant and must achieve a cumulative grade point average of 2.75 for all postsecondary courses attempted under a dual enrollment grant; and
    2. Notwithstanding subdivision (c)(1), 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 so long as the student attends the number of clock hours required for grant disbursement for that course and continues to meet all eligibility requirements.
  4. A student receiving a dual enrollment grant may enroll in two (2) additional courses per semester at an eligible postsecondary institution as a dual enrollment student, if the student:
    1. Is a junior or senior in high school; and
      1. Has qualified academically for a Tennessee HOPE scholarship by attaining the required composite ACT score or the concordant equivalent score on the SAT; or
      2. Has achieved an high school grade point average of at least 3.0 for all high school work completed prior to the semester of enrollment as a dual enrollment student, if the student is enrolled in an eligible high school.
  5. A course attempted as a dual enrollment student does not count toward the limitation on receiving a Tennessee HOPE scholarship under § 49-4-913. Financial assistance received for all dual enrollment courses attempted after the fourth course reduces the amount of any subsequent award of the Tennessee HOPE scholarship on a dollar-for-dollar basis.
  6. lf 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 any college course taken as a dual enrollment student if the student successfully completed the course. lf the dual enrollment course was not taken at the institution in which the student enrolls after graduation from high school, then the course qualifies for transfer credit.
    1. It is the intent of the general assembly that:
      1. Funding for Tennessee HOPE scholarships, Tennessee HOPE access grants, and Wilder-Naifeh technical skills grants take priority over funding for dual enrollment grants; and
      2. The dual enrollment grant program be fully funded before any funds in the lottery for education account are transferred to the Tennessee Promise scholarship endowment fund pursuant to § 49-4-708.
    2. 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 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 ten (10) courses. TSAC's board of directors shall determine the award for a credit hour taken under a dual enrollment grant. TSAC's board of directors shall not award an amount for a credit hour taken under a dual enrollment grant that exceeds the cost per credit hour of courses taken at community colleges in the state university and community college system.
  7. Notwithstanding subsection (g), it is the intent of the general assembly that the award for dual enrollment courses annually identified as high-need by TSAC's board of directors pursuant to this subsection (h) covers the cost of maintenance fees for no more than four (4) courses attempted by a student under the following limitations:
    1. The maximum award for courses at eligible two-year and four-year postsecondary institutions must not exceed the maintenance fees established annually for the community colleges by the state university and community college system; and
    2. The maximum award at Tennessee colleges of applied technology must not exceed the maintenance fees associated with the attempted average clock hours weighted by program participation among dual enrollment students. This award amount must be calculated annually using the maintenance fees established by the state university and community college system.
  8. TSAC's board of directors may consider the following reports, in addition to other relevant information, to identify high-need courses for which a student is eligible to receive an award described in this section:
    1. The annual workforce and credential report described in § 49-7-112; and
    2. The annual workforce needs report described in § 49-7-1209.
  9. TSAC is authorized to promulgate rules to establish award amounts at the eligible postsecondary institutions and to otherwise 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.

Acts 2005, ch. 481, § 21; 2008, ch. 1142, §§ 10, 26; 2011, ch. 427, §§ 1, 2; 2011, ch. 488, § 8; 2017, ch. 328, § 5; 2017, ch. 471, § 1; 2019, ch. 203, § 2; 2019, ch. 463, §§ 1, 2; 2019, ch. 482, §§ 1, 2; 2020, ch. 794, §§ 44-47.

Compiler's Notes. Acts 2008, ch. 1142, § 23 provided that it is the legislative intent, when additional net lottery proceeds become available in a subsequent fiscal year, that the next funding priority should be adding additional semesters to the established eligibility retention requirements for the Tennessee HOPE scholarship for students who earn a cumulative 2.75 grade point average.

Acts 2008, ch. 1142, § 24 provided that, subject to appropriation by the general assembly, it is the legislative intent that six million eight hundred thousand dollars ($6,800,000) from the lottery for education account may be used to supplement student assistance awards each year.

Acts 2008, ch. 1142, § 27 provided that: (a) TSAC is authorized to promulgate rules and regulations to effectuate the purposes of the act. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

THEC is authorized to promulgate rules and regulations to effectuate the purposes of the act. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2008, ch. 1142, § 28 provided that the act shall not be construed to be an appropriation of funds and that no funds shall be obligated or expended pursuant to the act unless the funds are specifically appropriated by the general appropriations act.

Acts 2011, ch. 427, § 4 provided that a student who exhausted eligibility for a Tennessee HOPE scholarship prior to June 6, 2011, because five (5) years had passed since the student's initial enrollment at a postsecondary institution, but who would have qualified for an extension of the time under the provisions of § 49-4-930(c)-(e) had such provisions been in effect at the time the student exhausted eligibility, may apply to TSAC to regain the Tennessee HOPE scholarship. To be eligible for an extension of time, such student shall meet all applicable academic and nonacademic requirements for the scholarship and ten (10) years shall not have passed since the student's initial enrollment at a postsecondary institution.

Acts 2011, ch. 427, § 5 provided that no retroactive award of a Tennessee HOPE scholarship shall be made under the provisions of the act, which amended §§ 49-4-913 and 49-4-930.

Acts 2011, ch. 427, § 6 provided that notwithstanding § 4-5-208 or any other provision of law to the contrary, the Tennessee student assistance corporation is authorized to promulgate emergency rules to implement the provisions of the act, which amended §§ 49-4-913 and 49-4-930.

Acts 2011, ch. 488, § 2, codified in §  49-6-8301, provided that the act, which added title 49, ch. 6, part 83 and § 49-4-930(g), shall be known and may be cited as the “Move on When Ready Act.”

Acts 2011, ch. 488, § 7, codified in §  49-6-8306, provided that the state board of education and the Tennessee higher education commission are authorized to promulgate rules and regulations to effectuate the purposes of the act, which added title 49, ch. 6, part 83 and § 49-4-930(g). All such rules and regulations shall be promulgated in accordance with the Tennessee Administrative Procedures Act, compile in title 4, chapter 5.

Acts 2013, ch. 453, § 52 provided that: “(a) For students who first received the Tennessee HOPE scholarship, Tennessee HOPE access grant or Tennessee HOPE scholarship for nontraditional students before the fall semester of 2009, award amounts for the 2013-2014 academic year (two semesters) shall be:

“(1) $4,000 for an eligible student under the HOPE scholarship award or HOPE nontraditional scholarship award pursuant to § 49-4-914(a);

“(2) $2,000 for an eligible student under the HOPE scholarship award pursuant to § 49-4-914(b);

“(3) $1,500 for an eligible student under the ASPIRE need-based supplemental award pursuant to § 49-4-915; and

“(4) $1,000 for an eligible student under the General Assembly Merit Scholar supplemental award pursuant to § 49-4-916.

“(b) For students who first received the Tennessee HOPE scholarship, Tennessee HOPE access grant or Tennessee HOPE scholarship for nontraditional students beginning the fall semester of 2009 or thereafter, award amounts for the 2013-2014 academic year shall be:

“(1) $2,000 per semester for an eligible student under the HOPE scholarship award or HOPE nontraditional scholarship award pursuant to § 49-4-914(a);

“(2) $1,000 per semester for an eligible student under the HOPE scholarship award pursuant to § 49-4-914(b);

“(3) $750 per semester for an eligible student under the ASPIRE need-based supplemental award pursuant to § 49-4-915;

“(4) $500 per semester for an eligible student under the General Assembly Merit Scholar supplemental award pursuant to § 49-4-916; and

“(5) Pursuant to the provisions of § 49-4-920, the award amount for an eligible student under the Tennessee HOPE access grant shall be $1,375 per semester at four-year schools and $875 per semester at two-year schools.

“(c) The 2013-2014 award amount for an eligible student under the Wilder-Naifeh Technical Skills Grant pursuant to § 49-4-921 shall be $2,000.

“(d) The 2013-2014 award amount for an eligible student under the Tennessee HOPE foster child tuition grant shall be determined under the provisions of § 49-4-933.

“(e) The 2013-2014 award amount shall be $1,000 per semester for successful completion of twelve (12) or more semester hours for an eligible student under the Helping Heroes Grant pursuant to § 49-4-938; provided, however, that the total amount expended for Helping Heroes Grants shall not exceed $750,000.

“(f) The 2013-2014 award amount shall be determined pursuant to the provisions of § 49-4-939 for an eligible student under the Tennessee Rural Health scholarship; provided, however, that the total amount expended for Tennessee Rural Health scholarships shall not exceed $300,000.

“(g) The 2013-2014 award amount shall be determined by the Tennessee student assistance corporation in accordance with § 49-4-930 for an eligible student under the dual enrollment grant.”

Acts 2017, ch. 328, § 8 provided that the act, which amended this section, shall apply to students seeking postsecondary financial assistance from net lottery proceeds for the 2017-2018 academic years and academic years thereafter.

For the Preamble to the act concerning dual enrollment, see Acts 2019, ch. 203.

Acts 2019, ch. 203, § 1 provides that the act, which amended this section, shall be known and may be cited as the “Governor's Investment in Vocational Education (GIVE) Act.”

For the Preamble to the act concerning HOPE Lottery Scholarships and the Tennessee Promise and Reconnect programs, see Acts 2020, ch. 794.

Acts 2020, ch. 794, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Financial Aid Simplification for Tennesseans (FAST) Act”.

Amendments. The 2019 amendment by ch. 482, effective July 1, 2020 at 12:02 a.m., substituted “two (2) additional courses per semester” for “one (1) additional course per semester” in (d); and added “, 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 ten (10) courses” at the end of the first sentence in (g)(2).

The 2020 amendment rewrote (b)(2), which read: “Is a Tennessee resident and has been a Tennessee resident, as defined by regulations promulgated by the board of regents under § 49-8-104, for the one (1) year immediately preceding the date of application for a grant or for the renewal of a grant;”; in (c), inserted “under the following conditions:” in the end of the first sentence, redesignated the former second sentence as present (c)(1) and inserted “; and”, and added (c)(2); deleted “overall weighted” following “Has achieved an” in (d)(2)(B); rewrote former (h) and (i) which read: “(h)  Notwithstanding subsection (g), it is the intent of the general assembly that the award for the first four (4) dual enrollment courses attempted by a student enrolled in a certificate or diploma program identified by TSAC's board of directors pursuant to this subsection (h) only provide for maintenance fees at the institution attended. The institution shall not increase the institution's maintenance fees more than the annual increase to maintenance fees established for the community colleges and Tennessee colleges of applied technology by the state university and community college system. The award described in this subsection (h) only applies to programs annually identified by TSAC's board of directors. TSAC's board of directors may consider the following factors, in addition to other relevant information, to identify programs for which a student is eligible to receive the award described in this subsection (h):

“(1)  The annual workforce and credential report described in § 49-7-112(b);

“(2)  The annual workforce needs report described in § 49-7-1209; and

“(3)  The annual job placement report described in § 49-7-1210.

“(i)  Courses for which a dual enrollment grant is received may be taken at any time during the junior or senior year in high school.”; and added (j).

Effective Dates. Acts 2019, ch. 203, § 3. July 1, 2020.

Acts 2019, ch. 463, § 3. July 1, 2019; July 1, 2020 at 12:01 a.m.

Acts 2019, ch. 482, § 3. July 1, 2020 at 12:02 a.m.

Acts 2020, ch. 794, § 70.  August 1, 2020.

49-4-931. HOPE scholarship — Nontraditional students. [Effective until July 1, 2021. See the version effective on July 1, 2021.]

  1. To be eligible for a Tennessee HOPE scholarship, a nontraditional student shall:
    1. Not be ineligible for the scholarship under § 49-4-904;
    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. Meet the requirements of § 49-4-915(a)(2);
      1. Have attempted at least twelve (12) semester hours and received a Tennessee HOPE scholarship as a nontraditional student while enrolled in an associate degree program at an eligible postsecondary institution prior to August 1, 2018;
      2. Enroll in a baccalaureate degree program at an eligible four-year postsecondary institution and attempt at least twelve (12) semester hours; or
      3. Enroll in a baccalaureate degree program at an eligible four-year postsecondary institution while maintaining continuous enrollment immediately following completion of an associate degree under the Tennessee reconnect grant, established in § 49-4-944;
    4. 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;
    5. Subject to § 49-4-919, maintain continuous enrollment at the eligible postsecondary institution attended as a nontraditional student; and
    6. Apply for a Tennessee HOPE scholarship.
  2. 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.
  3. To continue to receive a Tennessee HOPE scholarship, the student shall meet the applicable requirements of § 49-4-911.
  4. A student may receive a Tennessee HOPE scholarship for nontraditional students under this section until the first of the following events:
    1. The student has earned a baccalaureate degree;
    2. If the student previously received a Tennessee HOPE scholarship, the sum of the number of years during which the nontraditional student has received a Tennessee HOPE scholarship for nontraditional students and a Tennessee HOPE scholarship equals five (5) years; or
    3. Five (5) years have passed since the student enrolled in an eligible postsecondary institution as a nontraditional student.
  5. 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.(f)  No retroactive award of a Tennessee HOPE scholarship shall be made under this section.(g)  Notwithstanding subsection (d) to the contrary, a student who first receives a Tennessee HOPE scholarship for nontraditional students in the fall semester of 2009 or thereafter may receive the scholarship for nontraditional students until the first of the applicable events as outlined in § 49-4-913 occurs.

Acts 2005, ch. 481, § 26; 2008, ch. 1142, § 12; 2011, ch. 437, § 5; 2017, ch. 448, § 8; 2018, ch. 695, § 5; 2020, ch. 794, §§ 48, 49.

Compiler's Notes. Acts 2008, ch. 1142, § 23 provided that it is the legislative intent, when additional net lottery proceeds become available in a subsequent fiscal year, that the next funding priority should be adding additional semesters to the established eligibility retention requirements for the Tennessee HOPE scholarship for students who earn a cumulative 2.75 grade point average.

Acts 2008, ch. 1142, § 24 provided that, subject to appropriation by the general assembly, it is the legislative intent that six million eight hundred thousand dollars ($6,800,000) from the lottery for education account may be used to supplement student assistance awards each year.

Acts 2008, ch. 1142, § 27 provided that: (a) TSAC is authorized to promulgate rules and regulations to effectuate the purposes of the act. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

THEC is authorized to promulgate rules and regulations to effectuate the purposes of the act. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2008, ch. 1142, § 28 provided that the act shall not be construed to be an appropriation of funds and that no funds shall be obligated or expended pursuant to the act unless the funds are specifically appropriated by the general appropriations act.

Acts 2008, ch. 1142, § 30 provided that § 12 of the act, which amended this section throughout, shall apply to students seeking postsecondary financial assistance from net lottery proceeds for the 2008-2009 academic year and academic years thereafter.

Acts 2011, ch. 437, § 7 provided that the act, which added subsection (g), shall apply to scholarships and grants awarded for the fall semester of 2011 and thereafter.

Acts 2017, ch. 448, § 9 provided that TSAC is authorized to promulgate rules to effectuate the purposes of this act, which enacted this section, including the determination of student eligibility, leaves of absences, and the distribution of funds appropriated for grants under the program. All such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act compiled in title 4, chapter 5.

For the Preamble to the act concerning HOPE Lottery Scholarships and the Tennessee Promise and Reconnect programs, see Acts 2020, ch. 794.

Acts 2020, ch. 794, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Financial Aid Simplification for Tennesseans (FAST) Act”.

Amendments. The 2020 amendment, in (a)(4), deleted “or” at the end of (a)(4)(A), added “or” at the end of (a)(4)(B) and added (a)(4)(C).

Effective Dates. Acts 2020, ch. 794, § 70.  August 1,  2020.

49-4-931. HOPE scholarship — Nontraditional students. [Effective on July 1, 2021. See the version effective until July 1, 2021.]

  1. To be eligible for a Tennessee HOPE scholarship, a nontraditional student shall:
    1. Not be ineligible for the scholarship under § 49-4-904;
    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. Meet the requirements of § 49-4-915(a)(2);
      1. Have attempted at least twelve (12) semester hours and received a Tennessee HOPE scholarship as a nontraditional student while enrolled in an associate degree program at an eligible postsecondary institution prior to August 1, 2018;
      2. Enroll in a baccalaureate degree program at an eligible four-year postsecondary institution and attempt at least twelve (12) semester hours; or
      3. Enroll in a baccalaureate degree program at an eligible four-year postsecondary institution while maintaining continuous enrollment immediately following completion of an associate degree under the Tennessee reconnect grant, established in § 49-4-944;
    4. 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;
    5. Subject to § 49-4-919, maintain continuous enrollment at the eligible postsecondary institution attended as a nontraditional student; and
    6. Apply for a Tennessee HOPE scholarship.
  2. 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.
  3. To continue to receive a Tennessee HOPE scholarship, the student shall meet the applicable requirements of § 49-4-911.
  4. A student may receive a Tennessee HOPE scholarship for nontraditional students under this section until the first of the following events:
    1. The student has earned a baccalaureate degree; or
    2. Five (5) years have passed since the student enrolled in an eligible postsecondary institution as a nontraditional student.
  5. 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.
  6. [Deleted by 2020 amendment.]
  7. [Deleted by 2020 amendment.]

Acts 2005, ch. 481, § 26; 2008, ch. 1142, § 12; 2011, ch. 437, § 5; 2017, ch. 448, § 8; 2018, ch. 695, § 5; 2020, ch. 794, §§ 48-50.

Compiler's Notes. Acts 2008, ch. 1142, § 23 provided that it is the legislative intent, when additional net lottery proceeds become available in a subsequent fiscal year, that the next funding priority should be adding additional semesters to the established eligibility retention requirements for the Tennessee HOPE scholarship for students who earn a cumulative 2.75 grade point average.

Acts 2008, ch. 1142, § 24 provided that, subject to appropriation by the general assembly, it is the legislative intent that six million eight hundred thousand dollars ($6,800,000) from the lottery for education account may be used to supplement student assistance awards each year.

Acts 2008, ch. 1142, § 27 provided that: (a) TSAC is authorized to promulgate rules and regulations to effectuate the purposes of the act. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

THEC is authorized to promulgate rules and regulations to effectuate the purposes of the act. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2008, ch. 1142, § 28 provided that the act shall not be construed to be an appropriation of funds and that no funds shall be obligated or expended pursuant to the act unless the funds are specifically appropriated by the general appropriations act.

Acts 2008, ch. 1142, § 30 provided that § 12 of the act, which amended this section throughout, shall apply to students seeking postsecondary financial assistance from net lottery proceeds for the 2008-2009 academic year and academic years thereafter.

Acts 2011, ch. 437, § 7 provided that the act, which added subsection (g), shall apply to scholarships and grants awarded for the fall semester of 2011 and thereafter.

Acts 2017, ch. 448, § 9 provided that TSAC is authorized to promulgate rules to effectuate the purposes of this act, which enacted this section, including the determination of student eligibility, leaves of absences, and the distribution of funds appropriated for grants under the program. All such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act compiled in title 4, chapter 5.

For the Preamble to the act concerning HOPE Lottery Scholarships and the Tennessee Promise and Reconnect programs, see Acts 2020, ch. 794.

Acts 2020, ch. 794, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Financial Aid Simplification for Tennesseans (FAST) Act”.

Amendments. The 2020 amendment, in (a)(4), deleted “or” at the end of (a)(4)(A), added “or” at the end of (a)(4)(B) and added (a)(4)(C); and, effective July 1, 2021, deleted former (d)(2), which read:  “If the student previously received a Tennessee HOPE scholarship, the sum of the number of years during which the nontraditional student has received a Tennessee HOPE scholarship for nontraditional students and a Tennessee HOPE scholarship equals five (5) years; or”; and deleted (f)  and (g), which read:“(f) No retroactive award of a Tennessee HOPE scholarship shall be made under this section.“(g) Notwithstanding subsection (d) to the contrary, a student who first receives a Tennessee HOPE scholarship for nontraditional students in the fall semester of 2009 or thereafter may receive the scholarship for nontraditional students until the first of the applicable events as outlined in § 49-4-913 occurs.”

Effective Dates. Acts 2020, ch. 794, § 70.  August 1,  2020 and July 1, 2021.

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

  1. 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.
  2. 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.
  3. 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.
    1. TSAC, with the assistance of the department of education, shall develop and provide grade appropriate information concerning, but not limited to:
      1. Eligibility requirements for the various lottery scholarships;
      2. 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. 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. 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. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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.

Acts 2005, ch. 481, § 28; 2006, ch. 909, § 1; 2009, ch. 262, § 4; 2013, ch. 167, § 1.

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

  1. To be eligible for a Tennessee HOPE foster child tuition grant, a student shall:
    1. Not be ineligible for the grant under § 49-4-904;
    2. Meet the requirements of § 49-4-905;
    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. Apply for a Tennessee HOPE foster child tuition grant and file a FAFSA; and
    5. Be admitted to and enroll in an eligible postsecondary institution.
  2. This section shall apply to a student who:
    1. Was in state custody for at least one (1) year after reaching fourteen (14) years of age;
    2. Was in state custody for at least one (1) year after reaching fourteen (14) 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. Was in state custody for at least one (1) year and was placed in permanent guardianship by the department of children's services after reaching fourteen (14) years of age.
  3. 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.
  4. The student shall be eligible for the Tennessee HOPE foster child tuition grant:
    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. For a period of six (6) years after admittance to an eligible postsecondary institution if satisfactory progress is achieved and maintained.
  5. 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.
  6. Nothing in this section shall be construed to:
    1. Guarantee acceptance by, or entrance into, any eligible postsecondary institution for youth in, or formerly in, the custody of the state; or
    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.

Acts 2005, ch. 481, § 33; 2006, ch. 869, §§ 1, 2; 2008, ch. 1142, §§ 16-18, 20.

Code Commission Notes.

Former subsection (g), concerning TSAC report assessing the status of the Tennessee HOPE foster child tuition grant program, was deleted as obsolete by the code commission in 2009.

Compiler's Notes. The federal Foster Care Independence Act of 1999, referred to in this section, is compiled generally in title 42 U.S.C.

Acts 2008, ch. 1142, § 19, provided that §§ 16-18, which amended subsection (c), deleted subsection (e), and rewrote subsection (f), are declared to be remedial in nature and to that end shall apply to all Tennessee HOPE foster child tuition grant awards made on or after July 1, 2006.  TSAC shall award or adjust any award of such grant made on or after July 1, 2006 and prior to June 13, 2008, accordingly.

Acts 2008, ch. 1142, § 23 provided that it is the legislative intent, when additional net lottery proceeds become available in a subsequent fiscal year, that the next funding priority should be adding additional semesters to the established eligibility retention requirements for the Tennessee HOPE scholarship for students who earn a cumulative 2.75 grade point average.

Acts 2008, ch. 1142, § 24 provided that, subject to appropriation by the general assembly, it is the legislative intent that six million eight hundred thousand dollars ($6,800,000) from the lottery for education account may be used to supplement student assistance awards each year.

Acts 2008, ch. 1142, § 27 provided that: (a) TSAC is authorized to promulgate rules and regulations to effectuate the purposes of the act. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

THEC is authorized to promulgate rules and regulations to effectuate the purposes of the act. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2008, ch. 1142, § 28 provided that the act shall not be construed to be an appropriation of funds and that no funds shall be obligated or expended pursuant to the act unless the funds are specifically appropriated by the general appropriations act.

Acts 2013, ch. 453, § 52 provided that: “(a) For students who first received the Tennessee HOPE scholarship, Tennessee HOPE access grant or Tennessee HOPE scholarship for nontraditional students before the fall semester of 2009, award amounts for the 2013-2014 academic year (two semesters) shall be:

“(1) $4,000 for an eligible student under the HOPE scholarship award or HOPE nontraditional scholarship award pursuant to § 49-4-914(a);

“(2) $2,000 for an eligible student under the HOPE scholarship award pursuant to § 49-4-914(b);

“(3) $1,500 for an eligible student under the ASPIRE need-based supplemental award pursuant to § 49-4-915; and

“(4) $1,000 for an eligible student under the General Assembly Merit Scholar supplemental award pursuant to § 49-4-916.

“(b) For students who first received the Tennessee HOPE scholarship, Tennessee HOPE access grant or Tennessee HOPE scholarship for nontraditional students beginning the fall semester of 2009 or thereafter, award amounts for the 2013-2014 academic year shall be:

“(1) $2,000 per semester for an eligible student under the HOPE scholarship award or HOPE nontraditional scholarship award pursuant to § 49-4-914(a);

“(2) $1,000 per semester for an eligible student under the HOPE scholarship award pursuant to § 49-4-914(b);

“(3) $750 per semester for an eligible student under the ASPIRE need-based supplemental award pursuant to § 49-4-915;

“(4) $500 per semester for an eligible student under the General Assembly Merit Scholar supplemental award pursuant to § 49-4-916; and

“(5) Pursuant to the provisions of § 49-4-920, the award amount for an eligible student under the Tennessee HOPE access grant shall be $1,375 per semester at four-year schools and $875 per semester at two-year schools.

“(c) The 2013-2014 award amount for an eligible student under the Wilder-Naifeh Technical Skills Grant pursuant to § 49-4-921 shall be $2,000.

“(d) The 2013-2014 award amount for an eligible student under the Tennessee HOPE foster child tuition grant shall be determined under the provisions of § 49-4-933.

“(e) The 2013-2014 award amount shall be $1,000 per semester for successful completion of twelve (12) or more semester hours for an eligible student under the Helping Heroes Grant pursuant to § 49-4-938; provided, however, that the total amount expended for Helping Heroes Grants shall not exceed $750,000.

“(f) The 2013-2014 award amount shall be determined pursuant to the provisions of § 49-4-939 for an eligible student under the Tennessee Rural Health scholarship; provided, however, that the total amount expended for Tennessee Rural Health scholarships shall not exceed $300,000.

“(g) The 2013-2014 award amount shall be determined by the Tennessee student assistance corporation in accordance with § 49-4-930 for an eligible student under the dual enrollment grant.”

Attorney General Opinions. The phrases “all available financial aid” and “all other student financial assistance from all sources” in the 2006 amendments to T.C.A. §§ 49-4-933(f)(1) and (f)(2) include grants, scholarships, loans, and work-study financial aid awards, OAG 06-141, 2006 Tenn. AG LEXIS 161 (9/18/06).

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

  1. 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. 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. 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).
  2. As used in this section:
    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. “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.
  3. 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.

Acts 2006, ch. 974, § 4; 2020, ch. 794, § 67.

Compiler's Notes. Acts 2006, ch. 974, § 3 provided that the provisions of the act shall not be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to the act, unless such funds are specifically appropriated by the general appropriations act.

Acts 2006, ch. 974, § 5 provided that a student may apply for the retroactive award of a Tennessee HOPE scholarship for any semester of the 2005-2006 academic year in which the student would have qualified for a scholarship under the act, had the provisions of the act been in effect during that academic year. TSAC may award the scholarship retroactively, if the student meets all applicable requirements for the scholarship.

For the Preamble to the act concerning HOPE Lottery Scholarships and the Tennessee Promise and Reconnect programs, see Acts 2020, ch. 794.

Acts 2020, ch. 794, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Financial Aid Simplification for Tennesseans (FAST) Act”.

Amendments. The 2020 amendment substituted “residents of this state” for “Tennessee residents” in the middle of (c).

Effective Dates. Acts 2020, ch. 794, § 70.  August 1, 2020.

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

  1. 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. Is a resident of this state, as classified pursuant to § 49-8-104;
    2. Is not ineligible for the scholarship under § 49-4-904;
    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. Applies for a Tennessee HOPE scholarship; and
    5. Is admitted to and enrolls in an eligible postsecondary institution no later than sixteen (16) months after graduation from high school.
  2. 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.
  3. 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.
  4. No retroactive award of a Tennessee HOPE scholarship shall be made under this section.

Acts 2006, ch. 974, § 6; 2017, ch. 328, § 6; 2020, ch. 794, § 51.

Compiler's Notes. Acts 2006, ch. 974, § 3 provided that the provisions of the act shall not be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to the act, unless such funds are specifically appropriated by the general appropriations act.

Acts 2017, ch. 328, § 8 provided that the act, which amended this section, shall apply to students seeking postsecondary financial assistance from net lottery proceeds for the 2017-2018 academic years and academic years thereafter.

For the Preamble to the act concerning HOPE Lottery Scholarships and the Tennessee Promise and Reconnect programs, see Acts 2020, ch. 794.

Acts 2020, ch. 794, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Financial Aid Simplification for Tennesseans (FAST) Act”.

Amendments. The 2020 amendment rewrote (a)(1), which read: “Has been a Tennessee resident, as defined by regulations promulgated by the board of regents under § 49-8-104, for one (1) year immediately preceding the date of graduation from high school and remains a Tennessee resident between graduation from high school and enrollment in an eligible postsecondary institution;”.

Effective Dates. Acts 2020, ch. 794, § 70.  August 1,  2020.

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

  1. To be eligible for a Tennessee HOPE teacher's scholarship, a teacher shall:
    1. Be a tenured teacher teaching in a Tennessee public school system;
    2. Not be ineligible for the scholarship under § 49-4-904;
    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. 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. Maintain satisfactory progress in the teacher's program of study;
    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. 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.
    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. 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. 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.
  2. 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.
  3. No retroactive award of a Tennessee HOPE teacher's scholarship shall be made under this section.
  4. Scholarships awarded under this section shall not commence prior to fall semester, 2006.

Acts 2006, ch. 977, § 1; 2017, ch. 376, § 1; 2020, ch. 794, § 52.

Compiler's Notes. Acts 2006, ch. 977, § 5 provided that the Tennessee student assistance corporation is authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2006, ch. 977, § 6 provided that the provisions of the act shall not be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to the act unless such funds are specifically appropriated by the general appropriations act.

For the Preamble to the act concerning HOPE Lottery Scholarships and the Tennessee Promise and Reconnect programs, see Acts 2020, ch. 794.

Acts 2020, ch. 794, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Financial Aid Simplification for Tennesseans (FAST) Act”.

Amendments. The 2020 amendment added “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” at the end of (a)(7).

Effective Dates. Acts 2020, ch. 794, § 70.  August 1,  2020.

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

  1. 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 GED(R) or HiSET(R), 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. 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. Is not ineligible for a HOPE scholarship under § 49-4-904; and
    3. Meets the requirements of § 49-4-905(a).
  2. This section shall also apply to students who are eligible for general assembly merit scholarships and Tennessee HOPE access grants.
  3. 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.

Acts 2006, ch. 980, § 1; 2008, ch. 1142, § 11; 2013, ch. 473, § 13; 2015, ch. 495, § 9.

Compiler's Notes. Acts 2008, ch. 1142, § 23 provided that it is the legislative intent, when additional net lottery proceeds become available in a subsequent fiscal year, that the next funding priority should be adding additional semesters to the established eligibility retention requirements for the Tennessee HOPE scholarship for students who earn a cumulative 2.75 grade point average.

Acts 2008, ch. 1142, § 24 provided that, subject to appropriation by the general assembly, it is the legislative intent that six million eight hundred thousand dollars ($6,800,000) from the lottery for education account may be used to supplement student assistance awards each year.

Acts 2008, ch. 1142, § 27 provided that: (a) TSAC is authorized to promulgate rules and regulations to effectuate the purposes of the act. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

THEC is authorized to promulgate rules and regulations to effectuate the purposes of the act. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2008, ch. 1142, § 28 provided that the act shall not be construed to be an appropriation of funds and that no funds shall be obligated or expended pursuant to the act unless the funds are specifically appropriated by the general appropriations act.

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

  1. This section shall be known and may be cited as the “Helping Heroes Act of 2008.”
  2. 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.
  3. To be eligible for a helping heroes grant, a veteran shall:
    1. Have received an honorable discharge;
    2. Have been a resident of this state, as classified pursuant to § 49-8-104;
    3. Have been awarded:
      1. The Iraq campaign medal;
      2. The Afghanistan campaign medal; or
      3. On or after September 11, 2001, the global war on terrorism expeditionary medal;
    4. Not be ineligible for a grant under § 49-4-904;
    5. Be admitted to and enroll in an eligible postsecondary institution seeking an associate or baccalaureate degree;
    6. Have not received a baccalaureate degree; and
    7. Make application for a helping heroes grant for any semester in which the veteran is enrolled in six (6) or more semester hours.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. A veteran shall be eligible for a helping heroes grant for any semester for which the veteran meets all qualifications for the grant and that commences prior to the eighth anniversary of the veteran's honorable discharge from military service.
  9. A helping heroes grant shall be awarded in addition to any other financial aid for which the recipient veteran qualifies.
  10. Helping heroes grants shall not be awarded for any semester prior to fall semester 2008.
  11. Notwithstanding § 49-4-903 to the contrary, TSAC shall award helping heroes grants each year on a first come, first served basis; provided, however, that no more than seven hundred fifty thousand dollars ($750,000) shall be expended for helping heroes grants per year.
  12. 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.

Acts 2008, ch. 1142, § 15; 2009, ch. 501, §§ 1, 2; 2020, ch. 794, §§ 53-57.

Compiler's Notes. Acts 2008, ch. 1142, § 23 provided that it is the legislative intent, when additional net lottery proceeds become available in a subsequent fiscal year, that the next funding priority should be adding additional semesters to the established eligibility retention requirements for the Tennessee HOPE scholarship for students who earn a cumulative 2.75 grade point average.

Acts 2008, ch. 1142, § 24 provided that, subject to appropriation by the general assembly, it is the legislative intent that six million eight hundred thousand dollars ($6,800,000) from the lottery for education account may be used to supplement student assistance awards each year.

Acts 2008, ch. 1142, § 27 provided that: (a) TSAC is authorized to promulgate rules and regulations to effectuate the purposes of the act. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

THEC is authorized to promulgate rules and regulations to effectuate the purposes of the act. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2008, ch. 1142, § 28 provided that the act shall not be construed to be an appropriation of funds and that no funds shall be obligated or expended pursuant to the act unless the funds are specifically appropriated by the general appropriations act.

Acts 2013, ch. 453, § 52 provided that: “(a) For students who first received the Tennessee HOPE scholarship, Tennessee HOPE access grant or Tennessee HOPE scholarship for nontraditional students before the fall semester of 2009, award amounts for the 2013-2014 academic year (two semesters) shall be:

“(1) $4,000 for an eligible student under the HOPE scholarship award or HOPE nontraditional scholarship award pursuant to § 49-4-914(a);

“(2) $2,000 for an eligible student under the HOPE scholarship award pursuant to § 49-4-914(b);

“(3) $1,500 for an eligible student under the ASPIRE need-based supplemental award pursuant to § 49-4-915; and

“(4) $1,000 for an eligible student under the General Assembly Merit Scholar supplemental award pursuant to § 49-4-916.

“(b) For students who first received the Tennessee HOPE scholarship, Tennessee HOPE access grant or Tennessee HOPE scholarship for nontraditional students beginning the fall semester of 2009 or thereafter, award amounts for the 2013-2014 academic year shall be:

“(1) $2,000 per semester for an eligible student under the HOPE scholarship award or HOPE nontraditional scholarship award pursuant to § 49-4-914(a);

“(2) $1,000 per semester for an eligible student under the HOPE scholarship award pursuant to § 49-4-914(b);

“(3) $750 per semester for an eligible student under the ASPIRE need-based supplemental award pursuant to § 49-4-915;

“(4) $500 per semester for an eligible student under the General Assembly Merit Scholar supplemental award pursuant to § 49-4-916; and

“(5) Pursuant to the provisions of § 49-4-920, the award amount for an eligible student under the Tennessee HOPE access grant shall be $1,375 per semester at four-year schools and $875 per semester at two-year schools.

“(c) The 2013-2014 award amount for an eligible student under the Wilder-Naifeh Technical Skills Grant pursuant to § 49-4-921 shall be $2,000.

“(d) The 2013-2014 award amount for an eligible student under the Tennessee HOPE foster child tuition grant shall be determined under the provisions of § 49-4-933.

“(e) The 2013-2014 award amount shall be $1,000 per semester for successful completion of twelve (12) or more semester hours for an eligible student under the Helping Heroes Grant pursuant to § 49-4-938; provided, however, that the total amount expended for Helping Heroes Grants shall not exceed $750,000.

“(f) The 2013-2014 award amount shall be determined pursuant to the provisions of § 49-4-939 for an eligible student under the Tennessee Rural Health scholarship; provided, however, that the total amount expended for Tennessee Rural Health scholarships shall not exceed $300,000.

“(g) The 2013-2014 award amount shall be determined by the Tennessee student assistance corporation in accordance with § 49-4-930 for an eligible student under the dual enrollment grant.”

For the Preamble to the act concerning HOPE Lottery Scholarships and the Tennessee Promise and Reconnect programs, see Acts 2020, ch. 794.

Acts 2020, ch. 794, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Financial Aid Simplification for Tennesseans (FAST) Act”.

Amendments. The 2020 amendment rewrote (b), which read:  “(b) As used in this section, unless the context otherwise requires:

“(1) ‘Successful completion of a course’ means that the student received a nonfailing grade as the final grade for the course; and

“(2) ‘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.”; rewrote (c)(2), which read: “Have been a Tennessee resident, as defined by regulations promulgated by the board of regents under § 49-8-104, for one (1) year immediately preceding the date of application for a helping heroes grant;” substituted “is enrolled in” for “successfully completes” in (c)(7); rewrote (d), which read:  “A veteran who qualifies for a helping heroes grant under this section shall not be required to meet any academic standard at the time of enrollment in an eligible postsecondary institution to be eligible to receive the grant.”; and rewrote (e), which read: “Award of a helping heroes grant shall be made after the completion of a semester. If a student successfully completes twelve (12) or more semester hours, then the student shall receive the full amount of the grant as provided in subsection (f). If a student successfully completes six (6) to eleven (11) semester hours, then the student shall receive one-half (½) of the full grant. A student successfully completing fewer than six (6) semester hours in a semester shall not be eligible for the grant for that semester, but may subsequently be eligible for the grant in a semester in which the student successfully completes at least six (6) semester hours; provided, that the student meets all other eligibility requirements during that semester.”

Effective Dates. Acts 2020, ch. 794, § 70.  August 1, 2020.

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

  1. This section shall be known and may be cited as the “Tennessee Rural Health Act of 2008.”
  2. 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.
  3. 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.
  4. To be eligible for a Tennessee rural health scholarship, a student shall:
    1. Not be ineligible for the scholarship under § 49-4-904;
    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. Be admitted to and enroll in an eligible postsecondary institution that:
      1. 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. 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. 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. 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. 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. Maintain satisfactory progress in the program of study in which the student is enrolled;
      1. 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. 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;
    5. 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
    6. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. TSAC, in consultation with the department of health, the board of medical examiners, the board of osteopathic examination, the committee on 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.
  10. 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.
  11. No retroactive award of a Tennessee rural health scholarship shall be made under this section.
  12. Scholarships awarded under this section shall commence with the 2008-2009 academic year.

Acts 2008, ch. 1142, § 21; 2009, ch. 566, § 12.

Compiler's Notes. Acts 2008, ch. 1142, § 23 provided that it is the legislative intent, when additional net lottery proceeds become available in a subsequent fiscal year, that the next funding priority should be adding additional semesters to the established eligibility retention requirements for the Tennessee HOPE scholarship for students who earn a cumulative 2.75 grade point average.

Acts 2008, ch. 1142, § 24 provided that, subject to appropriation by the general assembly, it is the legislative intent that six million eight hundred thousand dollars ($6,800,000) from the lottery for education account may be used to supplement student assistance awards each year.

Acts 2008, ch. 1142, § 27 provided that: (a) TSAC is authorized to promulgate rules and regulations to effectuate the purposes of the act. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

THEC is authorized to promulgate rules and regulations to effectuate the purposes of the act. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2008, ch. 1142, § 28 provided that the act shall not be construed to be an appropriation of funds and that no funds shall be obligated or expended pursuant to the act unless the funds are specifically appropriated by the general appropriations act.

Acts 2009, ch. 566, § 12 provided that the Tennessee code commission is directed to change all references to public necessity rules, wherever such references appear in this code, to emergency rules, as sections are amended and volumes are replaced.

Acts 2013, ch. 453, § 52 provided that: “(a) For students who first received the Tennessee HOPE scholarship, Tennessee HOPE access grant or Tennessee HOPE scholarship for nontraditional students before the fall semester of 2009, award amounts for the 2013-2014 academic year (two semesters) shall be:

“(1) $4,000 for an eligible student under the HOPE scholarship award or HOPE nontraditional scholarship award pursuant to § 49-4-914(a);

“(2) $2,000 for an eligible student under the HOPE scholarship award pursuant to § 49-4-914(b);

“(3) $1,500 for an eligible student under the ASPIRE need-based supplemental award pursuant to § 49-4-915; and

“(4) $1,000 for an eligible student under the General Assembly Merit Scholar supplemental award pursuant to § 49-4-916.

“(b) For students who first received the Tennessee HOPE scholarship, Tennessee HOPE access grant or Tennessee HOPE scholarship for nontraditional students beginning the fall semester of 2009 or thereafter, award amounts for the 2013-2014 academic year shall be:

“(1) $2,000 per semester for an eligible student under the HOPE scholarship award or HOPE nontraditional scholarship award pursuant to § 49-4-914(a);

“(2) $1,000 per semester for an eligible student under the HOPE scholarship award pursuant to § 49-4-914(b);

“(3) $750 per semester for an eligible student under the ASPIRE need-based supplemental award pursuant to § 49-4-915;

“(4) $500 per semester for an eligible student under the General Assembly Merit Scholar supplemental award pursuant to § 49-4-916; and

“(5) Pursuant to the provisions of § 49-4-920, the award amount for an eligible student under the Tennessee HOPE access grant shall be $1,375 per semester at four-year schools and $875 per semester at two-year schools.

“(c) The 2013-2014 award amount for an eligible student under the Wilder-Naifeh Technical Skills Grant pursuant to § 49-4-921 shall be $2,000.

“(d) The 2013-2014 award amount for an eligible student under the Tennessee HOPE foster child tuition grant shall be determined under the provisions of § 49-4-933.

“(e) The 2013-2014 award amount shall be $1,000 per semester for successful completion of twelve (12) or more semester hours for an eligible student under the Helping Heroes Grant pursuant to § 49-4-938; provided, however, that the total amount expended for Helping Heroes Grants shall not exceed $750,000.

“(f) The 2013-2014 award amount shall be determined pursuant to the provisions of § 49-4-939 for an eligible student under the Tennessee Rural Health scholarship; provided, however, that the total amount expended for Tennessee Rural Health scholarships shall not exceed $300,000.

“(g) The 2013-2014 award amount shall be determined by the Tennessee student assistance corporation in accordance with § 49-4-930 for an eligible student under the dual enrollment grant.”

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

  1. 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.
  2. 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.
  3. 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.

Acts 2008, ch. 1142, § 22; 2009, ch. 531, § 59.

Compiler's Notes. Acts 2008, ch. 1142, § 23 provided that it is the legislative intent, when additional net lottery proceeds become available in a subsequent fiscal year, that the next funding priority should be adding additional semesters to the established eligibility retention requirements for the Tennessee HOPE scholarship for students who earn a cumulative 2.75 grade point average.

Acts 2008, ch. 1142, § 24 provided that, subject to appropriation by the general assembly, it is the legislative intent that six million eight hundred thousand dollars ($6,800,000) from the lottery for education account may be used to supplement student assistance awards each year.

Acts 2008, ch. 1142, § 27 provided that: (a) TSAC is authorized to promulgate rules and regulations to effectuate the purposes of the act. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

THEC is authorized to promulgate rules and regulations to effectuate the purposes of the act. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2008, ch. 1142, § 28 provided that the act shall not be construed to be an appropriation of funds and that no funds shall be obligated or expended pursuant to the act unless the funds are specifically appropriated by the general appropriations act.

For the Preamble to the act concerning the operation and funding of state government and to fund the state budget for the fiscal years beginning on July 1, 2008, and July 1, 2009, please refer to Acts 2009, ch. 531.

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.

Acts 2011, ch. 437, § 6.

Compiler's Notes. Acts 2011, ch. 437, § 7 provided that the act, which enacted this section, shall apply to scholarships and grants awarded for the fall semester of 2011 and thereafter.

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.

  1. As used in this section:
    1. “Dependent child” means a natural or adopted child or stepchild:
      1. Whose parent is a headquarters staff employee;
      2. Whose parent claims the child as a dependent for federal income tax purposes;
      3. Who is under twenty-one (21) years of age; and
      4. Who resides in another nation only while the parent is on full-time work assignment as a headquarters staff employee;
    2. “Headquarters staff employee” has the same meaning as defined in § 67-6-224(b); and
    3. “Qualified headquarters facility” has the same meaning as defined in § 67-6-224(b).
  2. 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. 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. 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).
  3. 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.

Acts 2013, ch. 428, § 1; 2020, ch. 794, § 68.

Compiler's Notes. Acts 2013, ch. 428, § 2 provided that the act, which enacted this section, shall apply to students seeking postsecondary financial assistance from net lottery proceeds for the 2013-2014 academic year and academic years thereafter.

For the Preamble to the act concerning HOPE Lottery Scholarships and the Tennessee Promise and Reconnect programs, see Acts 2020, ch. 794.

Acts 2020, ch. 794, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Financial Aid Simplification for Tennesseans (FAST) Act”.

Amendments. The 2020 amendment substituted “residents of this state” for Tennessee residents” in the middle of (c).

Effective Dates. Acts 2020, ch. 794, § 70.  August 1, 2020.

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

  1. 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.
  2. To be eligible for a Tennessee STEP UP scholarship, a student with a documented intellectual disability shall:
    1. Not be ineligible for the scholarship under § 49-4-904;
    2. Have been a resident of this state, as classified pursuant to § 49-8-104;
    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. 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. Apply for a Tennessee STEP UP scholarship.
    1. To continue to be eligible for a Tennessee STEP UP scholarship, a student shall:
      1. Maintain continual enrollment in the eligible postsecondary program as defined by the eligible postsecondary institution; and
      2. Make satisfactory academic progress in the student's program of study as determined by the eligible postsecondary institution.
    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.
    1. A student may receive a Tennessee STEP UP scholarship under this section until the first of the following events:
      1. The student receives a credential signifying completion of the eligible postsecondary program; or
      2. The period required to complete the eligible postsecondary program, as determined by the eligible postsecondary institution, has elapsed.
    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. The student has received a credential signifying completion of the eligible postsecondary program; or
      2. 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.
  3. 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.
  4. 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.
  5. 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.

Acts 2013, ch. 483, § 1; 2016, ch. 930, §§ 1-5; 2020, ch. 794, §§ 58, 59.

Compiler's Notes. Acts 2013, ch. 483, § 2 provided that the act, which enacted this section, shall apply to students initially entering eligible postsecondary programs in the 2013-2014 academic year and academic years thereafter.

Acts 2014, ch. 965, § 1 provided: (a) A student who was enrolled in the 2012-2013 academic year in an eligible postsecondary program as defined in § 49-4-943(a) and who is enrolled in the 2013-2014 academic year in the eligible postsecondary program for the student's second year of study shall be eligible for award of a STEP UP scholarship for the 2013-2014 academic year; provided that the student meets the requirements of § 49-4-943 for receipt of the scholarship. Under this act, the student need not meet the requirement of Section 2 of Chapter 483 of the Public Acts of 2013 that a student be initially entering an eligible postsecondary program to receive the STEP UP scholarship for the 2013-2014 academic year.

TSAC shall require that students eligible, pursuant to subsection (a), for the STEP UP scholarship for the 2013-2014 academic year apply for the scholarship within a designated time frame. TSAC shall notify all postsecondary institutions operating eligible postsecondary programs of the provisions of this act and the application requirements and deadlines that TSAC sets at least sixty (60) calendar days before the deadline to apply. Postsecondary institutions operating eligible postsecondary programs shall within five (5) business days of the receipt of TSAC's notification notify potentially eligible students and their parents or guardians of the opportunity to apply for the scholarship for the 2013-2014 academic year and the application requirements and deadlines. Such postsecondary institutions shall, within five (5) business days of receipt of TSAC's notification, submit to TSAC the names and addresses of all students potentially eligible for the STEP UP scholarship under this act and the names and addresses of their parents or guardians. TSAC shall notify the students identified and their parents or guardians by mail of the opportunity to apply for the STEP UP scholarship under this act and the application requirements and deadlines within five (5) business days of the receipt of the postsecondary institution's list of the names and addresses of the students and their parents or guardians to TSAC. TSAC shall award the STEP UP scholarship to qualifying students as soon as possible after May 19, 2014.

Acts 2016, ch. 930, § 6 provided that: (a) Any student who is currently enrolled in an eligible program under § 49-4-943 that expands or has expanded from a two-year to a three- or four-year program shall continue to be eligible for the Tennessee STEP UP scholarship in the third or fourth year of the program, as applicable; provided, that the student continues to meet the requirements of § 49-4-943(b)(1) and (2) and the academic requirements of § 49-4-943(c)(1).

No retroactive award of a STEP UP scholarship shall be made to a student who was enrolled in a three- or four-year program in the 2015-2016 academic year.

For the Preamble to the act concerning HOPE Lottery Scholarships and the Tennessee Promise and Reconnect programs, see Acts 2020, ch. 794.

Acts 2020, ch. 794, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Financial Aid Simplification for Tennesseans (FAST) Act”.

Amendments. The 2020 amendment, in (b)(2), substituted “Have been a resident of this state,” for “Have been a Tennessee resident,”, “classified pursuant to § 49-8-104;” for “defined by regulations promulgated by the board of regents under § 49-8-104,”, and deleted “, for one (1) year immediately preceding the date of application for a scholarship or the renewal of a scholarship”; and, in (e), substituted “§ 49-4-914” for “§ 49-4-914(a)”, and “an eligible postsecondary institution.” for “eligible four-year institutions.”

Effective Dates. Acts 2020, ch. 794, § 70.  August 1, 2020.

49-4-944. Tennessee reconnect grant.

  1. This section shall be known and may be cited as the “Tennessee reconnect grant.”
  2. Except for the definitions provided in this subsection (b), the definitions in § 49-4-902 shall apply to this section:
    1. “Academic year” means three (3) consecutive semesters beginning with a fall semester and including the immediately following spring and summer semesters;
    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. “Eligible program of study” means a federal Title IV-eligible curriculum of courses leading to a certificate or associate degree; and
    4. “Gift aid” means financial aid received from the federal Pell grant, the Tennessee education lottery scholarship, or the Tennessee student assistance award.
  3. To be eligible for a Tennessee reconnect grant, a student must:
    1. Not have previously earned an associate or baccalaureate degree;
    2. Not be ineligible for the grant under § 49-4-904;
    3. Have been a resident of this state as required by § 49-4-905(a)(1);
    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. Be an independent student as determined by the FAFSA;
    6. Be admitted to an eligible postsecondary institution and enrolled in courses leading to completion of an eligible program of study; and
    7. Participate in a college success program through the Tennessee reconnect community initiative as created by the Tennessee higher education commission.
  4. To continue to be eligible for a Tennessee reconnect grant, a student shall:
    1. Enroll in classes at an eligible postsecondary institution that lead to completion of an eligible program of study;
    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. Maintain continuous enrollment at an eligible postsecondary institution;
    4. Complete the renewal FAFSA each academic year as specified by TSAC;
    5. Attend at least as a part-time student; and
    6. Participate in a college success program through the Tennessee reconnect community initiative as created by the Tennessee higher education commission.
  5. 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.
    1. A student may receive a Tennessee reconnect grant under this section until the occurrence of the first of the following events:
      1. The student has attained a degree or certificate in an eligible program of study; or
      2. Five (5) years have passed since the date of initial enrollment as a Tennessee reconnect grant student, exclusive of any approved leaves of absence.
    2. Notwithstanding subdivision (f)(1)(A), a student may continue to receive a Tennessee reconnect grant for an associate degree following completion of a certificate that directly leads to the associate degree program.
    3. A student who has an approved medical or personal leave of absence from the eligible postsecondary institution may continue to receive the grant upon resuming the eligible program of study at an eligible postsecondary institution so long as the student continues to meet all applicable eligibility requirements.
  6. 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.
  7. 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.
  8. 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).
  9. This section shall apply beginning with the fall semester of 2018 for independent students who enroll in an eligible postsecondary institution.
  10. 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.

Acts 2017, ch. 448, § 1; 2018, ch. 695, § 6; 2020, ch. 794, § 69.

Compiler's Notes. Acts 2017, ch. 448, § 9 provided that TSAC is authorized to promulgate rules to effectuate the purposes of this act, which enacted this section, including the determination of student eligibility, leaves of absences, and the distribution of funds appropriated for grants under the program. All such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act compiled in title 4, chapter 5.

For the Preamble to the act concerning HOPE Lottery Scholarships and the Tennessee Promise and Reconnect programs, see Acts 2020, ch. 794.

Acts 2020, ch. 794, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Financial Aid Simplification for Tennesseans (FAST) Act”.

Amendments. The 2020 amendment substituted “residents of this state” for “Tennessee residents” in the middle of (c)(3).

Effective Dates. Acts 2020, ch. 794, § 70.  August 1, 2020.

Part 10
Tennessee Support, Training, and Renewing Opportunity for National Guardsmen (Strong) Act of 2017 [Repealed effective June 30, 2021.]

49-4-1001. Short title. [Repealed effective June 30, 2021.]

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

Acts 2004, ch. 477, § 1; 2017, ch. 229, § 1.

Compiler's Notes. Acts 2004, ch. 477, § 8 provided that the provisions of the act shall not be construed to be an appropriation of funds, and no funds shall be obligated or expended pursuant to the act unless such funds are specifically appropriated by the general appropriations act.

Cross-References. Repealer, § 49-4-1008.

49-4-1002. Purpose. [Repealed effective June 30, 2021.]

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.

Acts 2004, ch. 477, § 2.

Compiler's Notes. Acts 2004, ch. 477, § 8 provided that the provisions of the act shall not be construed to be an appropriation of funds, and no funds shall be obligated or expended pursuant to the act unless such funds are specifically appropriated by the general appropriations act.

Cross-References. Repealer, § 49-4-1008.

49-4-1003. Part definitions. [Repealed effective June 30, 2021.]

As used in this part:

  1. “Course completion” means the last day of instruction for the period or semester as determined by the student's educational institution;
  2. “Educational institution” means any public university, college, or community college or any private college or university that is regionally accredited and has its primary campus domiciled in this state;
  3. “Federal tuition assistance” means federal military tuition assistance other than Montgomery GI Bill benefits and Post-9/11 GI Bill benefits;
  4. “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;
  5. “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;
  6. “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;
  7. “Tennessee national guard” means the federally recognized units of the Tennessee army and air national guard; and
  8. “Tuition” means the total semester, quarter or classroom hour cost of instruction delineated in the catalog of an educational institution.

Acts 2004, ch. 477, § 3; 2017, ch. 229, §§ 2, 3.

Compiler's Notes. Acts 2004, ch. 477, § 8 provided that the provisions of the act shall not be construed to be an appropriation of funds, and no funds shall be obligated or expended pursuant to the act unless such funds are specifically appropriated by the general appropriations act.

Cross-References. Repealer, § 49-4-1008.

49-4-1004. Creation of program — Payment of tuition costs. [Repealed effective June 30, 2021.]

  1. 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.
  2. 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 undergraduate in-state tuition charged by the institution attended, 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.
  3. 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.
  4. 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.

Acts 2004, ch. 477, § 4; 2017, ch. 229, § 4.

Compiler's Notes. Acts 2004, ch. 477, § 8 provided that the provisions of the act shall not be construed to be an appropriation of funds, and no funds shall be obligated or expended pursuant to the act unless such funds are specifically appropriated by the general appropriations act.

Cross-References. Repealer, § 49-4-1008.

49-4-1005. Limitations and conditions on eligibility for tuition reimbursement. [Repealed effective June 30, 2021.]

The following are limitations and conditions on eligibility for tuition reimbursement under the program:

  1. A member shall maintain satisfactory academic progress and a minimum grade point average of 2.0 as determined by the educational institution attended for the semester for which the member applies for tuition reimbursement;
  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. Tuition reimbursement must be paid to an educational institution on behalf of a member for no more than one hundred twenty (120) credit hours or eight (8) full-time equivalent semesters toward a member's first bachelor's degree. A member shall cease to be eligible for tuition reimbursement under this part upon the first of the following events to occur:
    1. The member has attempted one hundred twenty (120) credit hours, inclusive of any postsecondary credit hours earned prior to receipt of tuition reimbursement under this part;
    2. The member has completed eight (8) full-time equivalent semesters; or
    3. The member has earned a first bachelor's degree;
  4. 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;
  5. Members eligible for federal tuition assistance shall apply for and use federal tuition assistance;
  6. Members shall be in good standing and currently active in the Tennessee national guard; and
  7. Members shall submit an application for tuition reimbursement under this part within ninety (90) days of course completion.

Acts 2004, ch. 477, § 5; 2017, ch. 229, § 5.

Compiler's Notes. Acts 2004, ch. 477, § 8 provided that the provisions of the act shall not be construed to be an appropriation of funds, and no funds shall be obligated or expended pursuant to the act unless such funds are specifically appropriated by the general appropriations act.

Cross-References. Repealer, § 49-4-1008.

49-4-1006. Qualification of nonresidents for benefits. [Repealed effective June 30, 2021.]

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. The member is enrolled in an educational institution within the state;
  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. 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.

Acts 2004, ch. 477, § 6.

Compiler's Notes. Acts 2004, ch. 477, § 8 provided that the provisions of the act shall not be construed to be an appropriation of funds, and no funds shall be obligated or expended pursuant to the act unless such funds are specifically appropriated by the general appropriations act.

Cross-References. Repealer, § 49-4-1008.

49-4-1007. Annual student-level participation data. [Repealed effective June 30, 2021.]

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.

Acts 2017, ch. 229, § 6.

Cross-References. Repealer, § 49-4-1008.

49-4-1008. Repealer. [Repealed effective June 30, 2021.]

This part is repealed on June 30, 2021, unless reenacted or extended by the general assembly prior to that date.

Acts 2017, ch. 229, § 7.

49-4-307. Revocation of award.

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

49-4-704. Short title.

49-4-708. Tennessee Promise Scholarship Act of 2014. [Effective until July 1, 2021. See the version effective on July 1, 2021.]

Chapter 5
Personnel

Part 1
Qualifications Generally

49-5-101. Basic requirements.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
    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. 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.
  6. 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. 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. 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. 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.

Acts 1925, ch. 115, § 11; Shan. Supp., §§ 1487a60-1487a63, 1487a65; Code 1932, §§ 2351-2354, 2356; Acts 1937, ch. 180, § 2; 1945, ch. 99, §§ 1-3; C. Supp. 1950, §§ 2354, 2355 (Williams, § 2355a); impl. am. Acts 1951, ch. 58, § 7; Acts 1957, ch. 137, §§ 1-3; 1959, ch. 121, § 1; 1973, ch. 76, § 1; 1974, ch. 654, §§ 51-54; 1976, ch. 400, § 1; T.C.A. (orig. ed.), §§ 49-1201, 49-1203, 49-1204, 49-1212, 49-1213, 49-1232; Acts 1987, ch. 308, § 11; 2011, ch. 380, §§ 1, 2; 2018, ch. 725, § 30; 2019, ch. 248, § 34.

Cross-References. Licensing for teachers in private schools having contracts with county boards, § 49-2-109.

Parent-teacher meetings, § 49-6-7002.

Textbooks. Tennessee Jurisprudence, 22 Tenn. Juris., Schools, § 8.

Law Reviews.

Tennessee Civil Disabilities: A Systemic Approach (Neil P. Cohen), 41 Tenn. L. Rev. 253 (1974).

NOTES TO DECISIONS

1. “Certificated Personnel.”

The general phrase “certificated personnel” should be interpreted to include only personnel who have a Tennessee teacher's professional license or certificate. Lyons v. Rasar, 872 S.W.2d 895, 1994 Tenn. LEXIS 48 (Tenn. 1994).

2. Substance Abuse.

Public interests in subjecting teachers to urinalysis drug testing clearly outweighed teachers' privacy interest where: (1) The drug testing regime was circumscribed, narrowly tailored, and not overly intrusive, whether in its monitoring procedures or in its disclosure requirements, (2) It was a one-time test, with advance notice, with no random testing component; and (3) The school system in which the teachers worked was heavily regulated, particularly as to drug usage. Knox County Educ. Ass'n v. Knox County Bd. of Educ., 158 F.3d 361, 1998 FED App. 0300P, 1998 U.S. App. LEXIS 24131 (6th Cir. 1998), cert. denied, 528 U.S. 812, 120 S. Ct. 46, 145 L. Ed. 2d 41, 1999 U.S. LEXIS 4848 (1999).

Suspicion-based drug testing depending on enumerated requirements for reasonable cause sufficiently limited the discretion of officials administering the rule, and because the testing was clearly based upon a finding of individualized suspicion, that portion of the testing policy comported with the requirements of the fourth amendment. Knox County Educ. Ass'n v. Knox County Bd. of Educ., 158 F.3d 361, 1998 FED App. 0300P, 1998 U.S. App. LEXIS 24131 (6th Cir. 1998), cert. denied, 528 U.S. 812, 120 S. Ct. 46, 145 L. Ed. 2d 41, 1999 U.S. LEXIS 4848 (1999).

Procedures for testing whether on duty school employees were under the influence of alcohol did not render the testing unconstitutional, but the low threshold (.02) for a positive result raised constitutional concerns requiring remand to determine whether the .02 level was reasonably related to the purpose of the testing. Knox County Educ. Ass'n v. Knox County Bd. of Educ., 158 F.3d 361, 1998 FED App. 0300P, 1998 U.S. App. LEXIS 24131 (6th Cir. 1998), cert. denied, 528 U.S. 812, 120 S. Ct. 46, 145 L. Ed. 2d 41, 1999 U.S. LEXIS 4848 (1999).

3. Professional Employees.

T.C.A. § 49-5-601, T.C.A.§ 49-5-612, T.C.A. § 49-5-101, T.C.A. § 49-5-108, and T.C.A. § 49-5-403 preclude an education association as the bargaining unit for the licensed professional employee from representing teachers in their capacity as coaches; any contractual protections emanating from the Education Professional Negotiations Act are relevant to persons only in their status as professional employees and not in their status in non-licensed positions. Lawrence County Educ. Ass'n v. Lawrence County Bd. of Educ., 244 S.W.3d 302, 2007 Tenn. LEXIS 1084 (Tenn. Dec. 20, 2007), rehearing denied, — S.W.3d —, 2008 Tenn. LEXIS 30 (Tenn. Jan. 30, 2008).

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.

Acts 2009, ch. 221, § 1.

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.

Acts 2019, ch. 464, § 1.

Compiler's Notes. Former § 49-5-103 (Acts 1980, ch. 618, § 1; 1987, ch. 308, § 13, T.C.A., § 49-1242), concerning training in reading instruction, was repealed by Acts 1990, ch. 948, § 3.

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.

Acts 1951, ch. 58, § 2 (Williams, § 2365.6); modified; Acts 1959, ch. 121, § 1; 1967, ch. 255, § 1; 1974, ch. 654, §§ 58, 59; 1978, ch. 675, § 2; 1981, ch. 172, § 2; T.C.A. (orig. ed.), § 49-1236; Acts 1987, ch. 308, § 14.

NOTES TO DECISIONS

Decisions Under Prior Law

1. Different Qualifications Prescribed by Private Act.

Where the qualifications necessary for an applicant for county superintendent of education was fixed by general law and another and different qualification was fixed by Private Acts 1935, ch. 831, and localized to Wayne County, such act in effect suspended the general law for the benefit of a particular county and violated the rule against arbitrary selection for the purpose of class legislation, but such provision was severable from the rest of the law. Gallien v. Miller, 170 Tenn. 93, 92 S.W.2d 403, 1935 Tenn. LEXIS 110 (1936).

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.

Acts 1925, ch. 115, § 11; Shan. Supp. § 1487a74; Code 1932, § 2364; T.C.A. (orig. ed), § 49-1233; Acts 1987, ch. 308, § 16; 1989, ch. 591, § 113.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

49-5-106. Temporary permits.

    1. Whenever any director of schools and the chair of the respective board of education certify to the commissioner of education that the school system is unable to secure a qualified teacher with a valid license for the type and kind of school in which a vacancy exists, the commissioner may grant, on behalf of the state board of education, under conditions prescribed in its rules and regulations, a permit to teach in the unfilled position to a person recommended by the director of the respective local school district and approved by the commissioner, which permit shall be valid only until June 30 following the date of issuance.
    2. The permit may be renewed by the commissioner on conditions prescribed by the state board of education in its rules and regulations, upon the recommendation of the director of schools of the local school district and when the director and the chair of the respective board of education certify that the school system is unable to secure a qualified teacher with a valid license for the type and kind of school in which a vacancy exists.
  1. A local school district board of education may contract with a teacher holding a permit, but not holding a valid license, only for such period of time for which the respective board of education is unable to secure a qualified teacher with a valid license for the type and kind of school.
  2. It is the intent of the general assembly to urge local boards of education and their respective directors of schools to make every effort to staff kindergarten through grade twelve (K-12) teaching positions with personnel fully licensed and endorsed for those grades.

Acts 1951, ch. 106, § 1 (Williams, § 2360); modified; Acts 1957, ch. 141, § 1; 1974, ch. 654, § 55; T.C.A. (orig. ed.), § 49-1234; Acts 1984, ch. 594, § 1; 1987, ch. 308, § 17; 2008, ch. 996, § 1.

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.

Acts 1951, ch. 58, § 2 (Williams, § 2365.6); modified; Acts 1959, ch. 121, § 1; 1967, ch. 255, § 1; 1974, ch. 654, §§ 58, 59; 1978, ch. 675, § 2; 1981, ch. 172, § 2; T.C.A. (orig. ed.), § 49-1236; Acts 1987, ch. 308, § 18.

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

    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. 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.
  1. The licenses shall be uniform for all the school systems in the state.
  2. 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. 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. 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. 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;
    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. Notwithstanding any other law, a supervisor, principal, or public school teacher shall not be required to take an assessment to advance or renew a license if:
      1. At the time of application for an initial license, the supervisor, principal, or 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. At the time of application for advancement or renewal of a license, the supervisor, principal, or 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. The supervisor, principal, or 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.
    1. 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.
      1. The state board of education shall establish guidelines, through the promulgation of rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to suspend, deny or revoke the license or certificate of a teacher who is delinquent or in default on a repayment or service obligation under a guaranteed student loan or if such teacher has failed to enter into a payment plan or comply with a payment plan or service obligation previously approved by TSAC or a guarantee agency. This subdivision (d)(2) shall apply to 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. Notwithstanding subdivision (d)(2)(A), the state board of education may elect not to suspend, deny, or revoke the license or certificate of a teacher 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.
  3. The department of education shall encourage institutions with authorized teacher training programs to evaluate all the teacher training programs to assure that persons seeking licensure in this state will have had appropriate instruction in the teaching of reading.
    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. Placement and retention rates;
      2. Performance on PRAXIS examinations or other tests used to identify teacher preparedness; and
      3. Teacher effect data created pursuant to § 49-1-606.
    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.

Acts 1951, ch. 58, §§ 1, 2, 7 (Williams, §§ 2365.5, 2365.6, 2365.11); modified; Acts 1959, ch. 121, § 1; 1967, ch. 255, § 1; 1974, ch. 654, §§ 56-59; 1975, ch. 64, § 1; 1978, ch. 675, § 2; 1981, ch. 172, § 2; T.C.A. (orig. ed.), §§ 49-1235 — 49-1237; Acts 1985, ch. 233, § 1; 1987, ch. 308, § 19; 1990, ch. 948, § 14; 1993, ch. 32, §§ 38-40; 1999, ch. 476, § 3; 2005, ch. 299, § 1; 2006, ch. 655, § 1; 2007, ch. 376, § 9; 2012, ch. 519, § 5; 2014, ch. 746, § 2; 2015, ch. 233, § 1; 2017, ch. 27, § 1; 2018, ch. 573, § 1; 2018, ch. 744, § 4; 2019, ch. 248, § 35.

Compiler's Notes. Acts 2005, ch. 299, § 2 provided that any one-time software reprogramming costs associated with the addition of the license provided for in § 1 of the act shall be absorbed within existing resources.

Pursuant to Article III, Section 18 of the Constitution of Tennessee, Acts 2014, ch. 746 took effect on April 21, 2014, for the purpose of promulgating rules and regulations.

Acts 2018, ch. 573, § 2 provided that the act, which amended this section, shall apply to applications submitted on or after July 1, 2018.

Cross-References. Revocation by commissioner of education, § 49-1-201.

NOTES TO DECISIONS

1. Professional Employees.

T.C.A. § 49-5-601, T.C.A. § 49-5-612, T.C.A. § 49-5-101, T.C.A. § 49-5-108, and T.C.A. § 49-5-403 preclude an education association as the bargaining unit for the licensed professional employee from representing teachers in their capacity as coaches; any contractual protections emanating from the Education Professional Negotiations Act are relevant to persons only in their status as professional employees and not in their status in non-licensed positions. Lawrence County Educ. Ass'n v. Lawrence County Bd. of Educ., 244 S.W.3d 302, 2007 Tenn. LEXIS 1084 (Tenn. Dec. 20, 2007), rehearing denied, — S.W.3d —, 2008 Tenn. LEXIS 30 (Tenn. Jan. 30, 2008).

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.

Acts 1951, ch. 58, § 6 (Williams, § 2365.10); T.C.A. (orig. ed.), § 49-1241; Acts 1987, ch. 308, § 20.

49-5-110. [Reserved.]

  1. Educational assistants shall have, at a minimum, a high school diploma or a GED(R) equivalent and shall show demonstrable proficiency in reading and writing skills.
  2. 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.
  3. This section shall not apply to educational assistants hired on or before July 1, 2006.

Acts 2006, ch. 680, § 1.

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

  1. 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.
  2. Any applicant seeking teacher licensure pursuant to this section shall:
      1. 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. 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;
    1. 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
    2. Successfully complete all exams required for licensure for the subject area in which the applicant is seeking licensure.

Acts 2012, ch. 1072, § 1; 2019, ch. 248, § 36.

Compiler's Notes. Acts 2012, ch. 1072, § 2 provided that the state board of education is authorized to promulgate rules and regulations to effectuate the purposes of the act, which enacted this section. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

49-5-113. 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.

Acts 2014, ch. 740, § 1.

Compiler's Notes. Pursuant to Article III, Section 18 of the Constitution of Tennessee, Acts 2014, ch. 740 took effect on April 21, 2014.

Part 2
Teachers' Rights and Duties Generally

49-5-201. Duties of teachers.

  1. It is the duty of the teacher to:
    1. Open and close the school each day at the time fixed by the board of education;
    2. Give instruction to the pupils only in the subjects covered by the license that the teacher holds;
    3. Supervise educational assistants when they are working with pupils;
    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. Give instruction in physical education as provided by law and official regulations;
    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. Follow the state course of study and the rules and regulations for the promotion of pupils furnished by the commissioner of education;
    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. 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. 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. Observe any other rules and regulations relative to the service of teachers that may be made by the county board of education.
  2. 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.

Acts 1925, ch. 115, § 8; Shan. Supp., §§ 1487a50, 1487a54; Code 1932, §§ 2339, 2343; impl. am. Acts 1963, ch. 13, § 1; Acts 1974, ch. 654, §§ 66-68; 1977, ch. 196, § 5; T.C.A. (orig. ed.), §§ 49-1307, 49-1310; Acts 1999, ch. 468, § 1; 2013, ch. 188, § 1; 2016, ch. 575, § 1.

Code Commission Notes.

Former subdivisions (a)(5), concerning bible reading was deleted as obsolete and unconstitutional under School Dist. v. Schempp, 374 U.S. 203 (1963), by the code commission in 2002.

Cross-References. Abatement of fire violations, § 68-120-109.

Definitions for this part are found in § 49-5-403.

Disposal of contraband, § 49-6-4210.

Duties of directors of schools with respect to teachers, § 49-2-301.

Duties of teachers, school officials or personnel regarding known or suspected child sexual abuse, §§ 37-1-403, 37-1-605.

Pecuniary interest in school purchases prohibited, § 49-6-2003.

Reporting of certain offenses by students, § 49-6-4301.

Schools and teachers in loco parentis, § 49-6-4203.

Fire and safety drills in schools, § 68-102-137.

Law Reviews.

The Bible and Public Education (Joseph W. Harrison), 29 Tenn. L. Rev. 363 (1962).

NOTES TO DECISIONS

1. School Dress Code.

County board of education rule that: “Students and teachers should use such taste in the selection and wearing of their clothes, makeup, and hair styles and maintain such neatness, cleanliness, and self-respect that the school is a desirable place in which to promote learning and character development. No apparel, dress, or grooming that is or may become potentially disruptive of the classroom atmosphere or educational process will be permitted” was not unconstitutionally vague. Morrison v. Hamilton County Board of Education, 494 S.W.2d 770, 1973 Tenn. LEXIS 413, 58 A.L.R.3d 1219 (Tenn. 1973), cert. denied, 414 U.S. 1044, 94 S. Ct. 548, 38 L. Ed. 2d 335, 1973 U.S. LEXIS 1528 (1973).

2. Teacher Appearance.

Teacher with tenure did not have a constitutional right to wear a beard and could be discharged for wearing full beard in violation of county board of education regulation. Morrison v. Hamilton County Board of Education, 494 S.W.2d 770, 1973 Tenn. LEXIS 413, 58 A.L.R.3d 1219 (Tenn. 1973), cert. denied, 414 U.S. 1044, 94 S. Ct. 548, 38 L. Ed. 2d 335, 1973 U.S. LEXIS 1528 (1973).

49-5-202. Advocacy of revolution.

  1. 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.
  2. Any person who violates this section commits a Class C misdemeanor and shall also forfeit office.

Acts 1925, ch. 115, § 31; Shan. Supp., § 1487a183; Code 1932, § 2513; Acts 1947, ch. 130, § 1; C. Supp. 1950, § 2513; Acts 1974, ch. 654, § 63; T.C.A. (orig. ed.), § 49-1303; Acts 1989, ch. 591, § 113; 2000, ch. 710, § 1.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

Law Reviews.

Constitutional Protection of Aliens, 40 Tenn. L. Rev. 235 (1973).

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

  1. 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.
  2. 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.
  3. “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.
  4. 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.

Acts 1971, ch. 254, § 1; T.C.A., § 49-1316; Acts 2013, ch. 256, § 4.

Compiler's Notes. For the Preamble to the act concerning abolishing the prohibition against the establishment of new municipal school systems, please refer to Acts 2013, ch. 256.

Textbooks. Tennessee Jurisprudence, 22 Tenn. Juris., Schools, § 15.

Attorney General Opinions. Employment rights of employees of abolished city school system, OAG 96-037, 1996 Tenn. AG LEXIS 44 (3/12/96).

NOTES TO DECISIONS

1. Pension Provisions.

Where city school system was replaced by unified county system, provision whereby city retirees had received direct payments of state annuity could not be rescinded to the extent that such rescission would adversely affect the retirement allowances of vested former city employees. Knox County v. Knoxville, 786 S.W.2d 936, 1990 Tenn. LEXIS 126 (Tenn. 1990).

Reasonable modification of pension provisions is permissible where necessary to protect or enhance actuarial soundness of a retirement plan, provided that no such modification adversely affects an employee who has complied with all conditions necessary to be eligible for a retirement allowance. Knox County v. Knoxville, 786 S.W.2d 936, 1990 Tenn. LEXIS 126 (Tenn. 1990).

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

  1. 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.
  2. 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.

Acts 1986, ch. 841, § 1; 1987, ch. 26, § 2; 1987, ch. 308, § 21.

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

  1. 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.
  2. 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.

Acts 1989, ch. 363, § 1; 2003, ch. 90, §  2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

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

  1. 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.
  2. This section applies to, but is not limited to, §§ 8-27-301, 8-34-302, 49-1-301, and 49-6-2201.
  3. 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.

Acts 1993, ch. 487, § 1.

Cross-References. Service on state boards by LEA employees without loss of benefits, § 49-5-303.

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

  1. 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.
  2. 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.
  3. 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).
  4. The loans shall not be due and payable until the person obtains the degree being sought. Repayment shall be made by applying two-thirds (2/3) 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).
  5. 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 (2/3) 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.
  6. 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.
  7. 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.

Acts 1996, ch. 961, § 1.

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.

Acts 2015, ch. 165, § 1.

49-5-209. Educator's bill of rights.

  1. 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.
  2. An educator has the right to:
    1. Be treated with civility and respect;
    2. Have his or her professional judgment and discretion respected;
    3. Report any errant, offensive, or abusive content or behavior of students to school officials or appropriate agencies;
    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. Defend themselves and their students from physical violence or physical harm pursuant to § 49-6-4008;
    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. Review all instructional material or curriculum prior to those materials being utilized for instruction of students; and
    8. Not be required to use their personal money to appropriately equip a classroom.

Acts 2017, ch. 360, § 1.

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.

Acts 1977, ch. 69, § 1; T.C.A., § 49-255.

Cross-References. Schools and teachers in loco parentis, § 49-6-4203.

Attorney General Opinions. County or school board employee serving on county legislative body, OAG 98-112, 1998 Tenn. AG LEXIS 112 (6/16/98).

A non-teaching school employee can run for election as a member of the local board of education, but cannot serve on the local board of education without resigning as a school employee, OAG 02-070, 2002 Tenn. AG LEXIS 75 (5/23/02).

NOTES TO DECISIONS

1. Eligibility.

Councilman was not statutorily barred from serving on the city council because the councilman was not a city employee; rather, the councilman was a councilman for the city who worked separately in the athletic department of the town's public school system, and, in the councilman's role as a councilman, the councilman had no direct input on the management of the public schools. Even if the councilman was a city employee, as a non-instructional public school employee, the councilman was allowed to run for city council. Young v. Stamey, — S.W.3d —, 2020 Tenn. App. LEXIS 118 (Tenn. Ct. App. Mar. 25, 2020).

Councilman was not statutorily barred from serving on the city council because the councilman was not a city employee; rather, the councilman was a councilman for the city who worked separately in the athletic department of the town's public school system, and, in the councilman's role as a councilman, the councilman had no direct input on the management of the public schools. Even if the councilman was a city employee, as a non-instructional public school employee, the councilman was allowed to run for city council. Young v. Stamey, — S.W.3d —, 2020 Tenn. App. LEXIS 118 (Tenn. Ct. App. Mar. 25, 2020).

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

  1. 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.
  2. Counseling and guidance include, but are not limited to:
    1. Counseling on academic problems or decisions;
    2. Counseling on social or peer-group pressure problems;
    3. Career counseling and guidance;
    4. Guidance on socialization and group interaction;
    5. Motivational guidance;
    6. Behavioral guidance; and
    7. Counseling on personal problems.

Acts 1984 (1st E.S.), ch. 1, § 1; 1999, ch. 367, § 1.

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

  1. 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.
  2. This section applies to, but is not limited to, §§ 8-27-301, 8-34-302, 49-1-301, and 49-6-2201.
  3. 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.

Acts 1993, ch. 487, § 2.

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

Part 4
Employment and Assignment of Personnel

49-5-401. Employment and assignment generally.

  1. 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.
  2. 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.

Acts 1955, ch. 136, § 17; 1957, ch. 89, § 1; 1974, ch. 654, §§ 70-73; 1977, ch. 349, § 1; T.C.A., § 49-1313; Acts 1987, ch. 308, § 22; 1992, ch. 535, § 19; 2000, ch. 903, § 2; 2011, ch. 70, § 1; 2019, ch. 248, § 37.

Compiler's Notes. Acts 1955, ch. 136, cited in the history of this section, was the General Education Act for that year. Acts 1955, ch. 136 was specifically repealed by Acts 1957, ch. 53, § 38. The sections appearing in the Tennessee Code Annotated, however, were reenacted as part of the Code by Acts 1957, ch. 1, and § 37 of Acts 1957, ch. 53 states that it is not the intention to supersede or suspend any provision of title 49.

Cross-References. “Employ” defined, § 49-5-403.

NOTES TO DECISIONS

1. Relation Between Board and Director of Schools.

In hiring and discharging school personnel, the board is supreme and may take such action alone, over the objection of the superintendent (now director of schools). Howard v. Bogart, 575 S.W.2d 281, 1979 Tenn. LEXIS 411 (Tenn. 1979).

49-5-402. Salary ratings.

  1. 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.
  2. 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.
  3. 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.
  4. 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.

Acts 1955, ch. 136, § 17; 1957, ch. 89, § 1; 1974, ch. 654, §§ 70-73; 1977, ch. 349, § 1; T.C.A., § 49-1313; Acts 1992, ch. 535, § 21; 1999, ch. 367, § 2; 2005, ch. 338, § 1; 2010, ch. 1046, § 1; 2019, ch. 248, §§ 38-40.

NOTES TO DECISIONS

1. Credit for Prior Teaching Experience.

County board of education could lawfully limit the credit for prior teaching experience of newly-employed teachers for the purpose of assessing a local salary supplement. Knox County Educ. Ass'n v. Knox County Bd. of Educ., 953 S.W.2d 686, 1997 Tenn. App. LEXIS 199 (Tenn. Ct. App. 1997), appeal denied, 1997 Tenn. LEXIS 457 (Tenn. Sept. 15, 1997).

49-5-403. Teachers — Licenses required.

  1. 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.
  2. 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.
  3. 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 title 29, chapter 20.
  4. 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 committee of the house of representatives for review prior to their implementation.

Acts 1925, ch. 115, § 8; Shan. Supp., § 1487a47; Code 1932, § 2336; impl. am. Acts 1951, ch. 58, § 7; Acts 1969, ch. 73, § 1; 1974, ch. 654, §§ 60, 61; 1976, ch. 400, § 2; T.C.A. (orig. ed.), § 49-1301; Acts 1987, ch. 308, § 23; 1988, ch. 765, § 1; 1989, ch. 37, § 2; 2011, ch. 410, § 4(m); 2015, ch. 182, § 39; 2019, ch. 345, § 94.

Compiler's Notes. For the Preamble to the act concerning the prohibition against establishment of a special committee if there is a standing committee on the same subject, please refer to Acts 2011, ch. 410.

Cross-References. Dismissal by local board of education, § 49-2-203.

Licensing of teachers, title 49, ch. 5, part 1.

Members of local board of education prohibited from teaching, § 49-2-203.

Textbooks. Tennessee Jurisprudence, 22 Tenn. Juris., Schools, § 15.

NOTES TO DECISIONS

1. Non-Licensed Employees.

T.C.A. § 49-5-601, T.C.A. § 49-5-612, T.C.A. § 49-5-101, T.C.A. § 49-5-108, and T.C.A. § 49-5-403 preclude an education association as the bargaining unit for the licensed professional employee from representing teachers in their capacity as coaches; any contractual protections emanating from the Education Professional Negotiations Act are relevant to persons only in their status as professional employees and not in their status in non-licensed positions. Lawrence County Educ. Ass'n v. Lawrence County Bd. of Educ., 244 S.W.3d 302, 2007 Tenn. LEXIS 1084 (Tenn. Dec. 20, 2007), rehearing denied, — S.W.3d —, 2008 Tenn. LEXIS 30 (Tenn. Jan. 30, 2008).

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.

Acts 1925, ch. 115, § 8; Shan. Supp., § 1487a48; Code 1932, § 2337; Acts 1974, ch. 654, § 62; T.C.A. (orig. ed.), § 49-1302.

Cross-References. Physical examination required by county board, § 49-2-203.

49-5-405. Teachers — Loyalty oaths.

  1. 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.
  2. 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.

Acts 1941, ch. 100, §§ 1, 2; C. Supp. 1950, § 2540.17 (Williams, § 2540.3); T.C.A. (orig. ed.), § 49-1304.

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

    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. Has been convicted of a misdemeanor or a felony in this state or in any other state;
      2. Has been dismissed for any of the causes enumerated in § 49-2-203 or § 49-5-511; and
      3. 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.
      1. 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. The provisions of subdivision (a)(2)(A) shall be conspicuously displayed on forms supplied for implementation of subdivision (a)(1).
      3. 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).
    2. 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.
    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. Upon receipt of the employment notification, the person must accept or reject, in writing, the offer of employment:
      1. 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. 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. 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. 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.
  1. 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.
  2. 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.

Acts 1969, ch. 130, § 1; 1973, ch. 178, § 1; T.C.A., §§ 49-1317, 49-1318; Acts 1989, ch. 591, §§ 1, 6; 1992, ch. 535, § 22; 1996, ch. 843, § 1; 2020, ch. 717, § 1.

Compiler's Notes. Acts 2020, ch. 717, § 2 provided that the act, which amended this section, shall apply to offers of employment made on or after August 1, 2020.

Amendments. The 2020 amendment rewrote (b) which read, “Upon the initial employment of a teacher, the local board or director of schools, as appropriate, shall notify the person, in writing, of the person's employment and the conditions of employment. Upon receipt of the employment notification, the person shall have fourteen (14) days within which to accept or reject, in writing, the offered employment. From the date of the written acceptance, the person is considered to be under employment with the local board or director of schools, as appropriate, and is subject to all rights, privileges and duties of this title.”

Effective Dates. Acts 2020, ch. 717, § 2. August 1, 2020.

Cross-References. Penalty for Class A misdemeanor, § 40-35-111.

Attorney General Opinions. Currently licensed public school teachers must attain “highly qualified” status according to Tennessee's No Child Left Behind Plan guidelines, OAG 05-065, 2005 Tenn. AG LEXIS 65 (4/27/05).

49-5-407. Employment of teacher under contract elsewhere.

  1. Any local board of education or director of schools that knowingly employs a teacher who is under contract with another local board of education or director of schools or who has not complied with § 49-5-406(a) shall be penalized as set forth in this section.
  2. Upon the findings of the commissioner of education or upon the filing of a complaint with the commissioner by a local board of education or director of schools charging that another school system in the state has employed a teacher while under contract with the school system of the complaining school board or director of schools, the commissioner shall determine whether the accused school system did knowingly employ the teacher while under contract and, if the accused school system did, the commissioner shall reduce the amount of state funds allocated to the school system equal to the amount of state funds that would have been payable to the teacher in question under the basic education program (BEP) for one (1) year.

Acts 1973, ch. 178, § 1; T.C.A., § 49-1317; Acts 1992, ch. 535, § 23.

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.

Acts 1925, ch. 115, § 8; Shan. Supp., § 1487a51; Code 1932, § 2340; T.C.A. (orig. ed.), § 49-1305; Acts 1992, ch. 535, § 24; 2019, ch. 248, § 41.

NOTES TO DECISIONS

1. Written Contract.

There is no provision in the act declaring contracts void unless reduced to writing and signed by the parties, or that a contract shall not be binding unless reduced to writing and signed. It is not the ministerial act of signing that makes the contract, and the writing is but evidence of the agreement. Morton v. Hancock County, 161 Tenn. 324, 30 S.W.2d 250, 1929 Tenn. LEXIS 62 (1930).

It is no longer the law in Tennessee that a teacher's contract must be in writing and signed. State ex rel. Bobo v. Moore, 207 Tenn. 622, 341 S.W.2d 746, 1960 Tenn. LEXIS 502 (1960).

2. Sufficiency and Validity of Contract.

Adoption of resolutions by the board (now director of schools) employing teachers and fixing salaries, followed by teacher's letter of acceptance to the board (now director of schools) constitutes a valid contract of employment. Morton v. Hancock County, 161 Tenn. 324, 30 S.W.2d 250, 1929 Tenn. LEXIS 62 (1930).

Contract is contemplated to be signed by chairman of board and superintendent (now director of schools), but refusal of latter to sign does not invalidate same. Morton v. Hancock County, 161 Tenn. 324, 30 S.W.2d 250, 1929 Tenn. LEXIS 62 (1930).

Where teachers had been elected by the county board of education but where the written contracts required by this section had not yet been executed, such election could not be avoided since the contract referred to in this section is in fact but a written memorandum following the final fixing of the salaries by the state authorities and such election is binding without the formality of the execution of such written contract. Davis v. Lawson, 172 Tenn. 13, 108 S.W.2d 1095, 1937 Tenn. LEXIS 44 (1937).

3. Presumption.

Presumption is that salary is in accord with the budget. Morton v. Hancock County, 161 Tenn. 324, 30 S.W.2d 250, 1929 Tenn. LEXIS 62 (1930).

4. Validity of Private Acts.

Where under the general law the various counties of the state were authorized to choose their teachers, fix their salaries and contract accordingly with such teachers, Private Acts 1935, ch. 620, as amended by Private Acts 1935 (E.S.), ch. 82, which fixed minimum graduated salaries to be paid the teachers of Hamilton County was inconsistent with the general law in that it deprived Hamilton County of its right to contract according to its ability and placed on such county a burden imposed on no other county of the state and was violative of Tenn. Const., art. I, § 8, and art. XI, § 8. State ex rel. Bales v. Hamilton County, 170 Tenn. 371, 95 S.W.2d 618, 1935 Tenn. LEXIS 144 (1936).

5. Law as Part of Contract.

The statute on the books that is applicable or one that is enacted that applies to the contract of a teacher in the making of the contract by the teacher with the county enters into and forms a part of the contract in the same manner as if it had been actually written or copied into the contract. McMinn County Board of Education v. Anderson, 200 Tenn. 333, 292 S.W.2d 198, 1956 Tenn. LEXIS 415 (1956).

Where teachers entered into written contract with county for salaries in an amount equal to the minimum set by the state board of education under the General Education Bill of 1951 and such act was subsequently declared unconstitutional, teachers were entitled to be paid under the provisions of the General Education Bill of 1949 and were not estopped to assert their claim for additional salary under such act because of the contracts they had entered into. McMinn County Board of Education v. Anderson, 200 Tenn. 333, 292 S.W.2d 198, 1956 Tenn. LEXIS 415 (1956).

49-5-409. Teachers — Continuing contract law — Termination of contracts.

  1. Teachers in service and under control of the public elementary and high schools of this state shall continue in such service until they have received written notice from their board of education or director of schools, as appropriate, of their dismissal or failure of reelection.
  2. The notice must be received 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.
  3. 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.

Acts 1943, ch. 147, § 1; C. Supp. 1950, § 2340.1; Acts 1971, ch. 49, §§ 1, 2; 1974, ch. 654, §§ 64, 65; 1977, ch. 455, § 1; 1981, ch. 186, § 1; T.C.A. (orig. ed.), § 49-1306; Acts 1992, ch. 535, § 25; 2000, ch. 569, § 1; 2002, ch. 586, § 1; 2010, ch. 798, §§ 1, 2; 2011, ch. 70, §§ 2, 3; 2011, ch. 255, § 1; 2015, ch. 232, § 1.

Cross-References. Construction with title 49, ch. 5, part 5 and effect of state tenure law, § 49-5-502.

Preferred employment list for teacher dismissed because of abolishment of position, § 49-5-511.

Teachers' tenure, title 49, ch. 5, part 5.

Textbooks. Tennessee Jurisprudence, 22 Tenn. Juris., Schools, §§ 18, 19.

Attorney General Opinions. Failure of reelection of nontenured teachers, OAG 97-123, 1997 Tenn. AG LEXIS 156 (9/02/97).

The federal No Child Left Behind Act of 2001 does not affect rights of teachers under state law or collective bargaining agreements, OAG 04-004, 2004 Tenn. AG LEXIS 3 (1/12/04).

NOTES TO DECISIONS

1. Tenure.

Teacher who had completed probationary period but who had not been rehired after completion of such period had not acquired tenure status under Teacher's Tenure Law and the contract could be terminated under the provisions of this section. Shannon v. Board of Education, 199 Tenn. 250, 286 S.W.2d 571, 1955 Tenn. LEXIS 303 (1955); Brown v. Newman, 39 Tenn. App. 341, 282 S.W.2d 677, 1955 Tenn. App. LEXIS 72 (Tenn. Ct. App. 1955).

This section does not prevent a teacher from being fired or discharged at any time for good cause. Johnson v. Jackson, 42 Tenn. App. 296, 302 S.W.2d 355, 1956 Tenn. App. LEXIS 129 (Tenn. Ct. App. 1956).

In action by school teacher contending unjust dismissal by school board, court held that when school board did not comply with notice provisions of this section, teacher was entitled to salary. Wagner v. Elizabethton City Board of Education, 496 S.W.2d 468, 1973 Tenn. LEXIS 474 (Tenn. 1973).

Where a teacher who was qualified for permanent tenure status, except for the length of service prescribed by T.C.A. § 49-5-504, was not reelected by the board of education and was not given the proper written notice required by this section, and where the teacher continued to teach during the following year, thus completing the required probationary period, since the board did not affirmatively act to reemploy the teacher after considering teacher's performance and capabilities, the teacher did not acquire tenure, although through the failure of notice teacher's contract was continued for an additional year, and for breach of such contract the teacher was entitled to damages. Snell v. Brothers, 527 S.W.2d 114, 1975 Tenn. LEXIS 641 (Tenn. 1975).

Where a teacher has not acquired tenure status the right to judicial review of any action of the board (now director of schools) in not reemploying the teacher is not authorized by law and the teacher is not entitled to reelection as a matter of right beyond a contract period. Malone v. Shelby County Bd. of Education, 773 S.W.2d 256, 1989 Tenn. App. LEXIS 242 (Tenn. Ct. App. 1989).

2. Transfer or Demotion as Removal or Dismissal.

Demotion from one position to another, if and when accompanied by a substantial salary reduction, is in effect a removal from the original position. State ex rel. Taylor v. Rasnake, 209 Tenn. 229, 352 S.W.2d 427, 1961 Tenn. LEXIS 371 (1961).

Where principal of school was transferred to position as principal of another school at same salary, there was no dismissal or demotion and such transfer could be made in school board's discretion without notice of charges against the principal and despite fact that the principal's successor might be given an increase in salary. McCoy v. McConnell, 224 Tenn. 677, 461 S.W.2d 948, 1970 Tenn. LEXIS 373 (1970).

3. Timeliness of Notice

Trial court erred in concluding that the Continuing Contract Law was not violated because a dismissed teacher could pursue alternative theories, and the undisputed facts demonstrated that the school board did not notify the teacher of her nonrenewal prior to the statutory deadline. Dallas v. Shelby Cty. Bd. of Educ., — S.W.3d —, 2019 Tenn. App. LEXIS 399 (Tenn. Ct. App. Aug. 19, 2019).

49-5-410. Teachers — Moonlighting.

  1. 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.
  2. 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.
  3. The employment must be approved by the governing board of each institution of public education.

Acts 1973, ch. 205, § 1; 1976, ch. 445, § 1; 1977, ch. 234, § 1; T.C.A., § 49-1319; Acts 2019, ch. 248, § 42.

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

  1. The conditions under which it is permissible to break a contract with a local board of education are as follows:
    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. The drafting of a teacher into military service by a selective service board; and
    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.
  2. 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. 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. The request shall be supported by facts documenting the charge that the teacher broke the contract contrary to this section;
    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. If the state board of education finds that the contract was broken, then the commissioner shall suspend the teacher's license for no less than thirty (30) and no more than three hundred sixty-five (365) days;
    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. 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.

Acts 1973, ch. 178, § 1; T.C.A., § 49-1317; Acts 1987, ch. 308, § 24; 2019, ch. 248, §§ 43-46.

Cross-References. Breach of contract, effect on tenure, § 49-5-508.

NOTES TO DECISIONS

1. In General.

It was not necessary for a teacher with permanent tenure status, who was elected to a four-year term as school superintendent (now director of schools), to apply for a leave of absence or to resign, to protect the tenure status. Jones v. Brown, 727 S.W.2d 497, 1987 Tenn. LEXIS 891 (Tenn. 1987).

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.

Acts 1986, ch. 696, § 1; 1988, ch. 465, § 1.

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

  1. 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. 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. 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.
  2. 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.
  3. 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.
      1. 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. 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. The person or employee to have access to the grounds of a school or child care center when children are present.
      2. 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.
      1. 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. 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. 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. 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.
      1. 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. 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 sexual offense or a violent sexual offense as defined in § 40-39-202;
        2. Any offense in title 39, chapter 13;
        3. §§ 39-14-301 and 39-14-302;
        4. §§ 39-14-401 — 39-14-404;
        5. §§ 39-15-401 and 39-15-402;
        6. § 39-17-417;
        7. § 39-17-1320; or
        8. Any other offense in title 39, chapter 17, part 13.
        1. If an employee is convicted of any of the offenses in subdivision (d)(3)(B) 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. 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).
    1. 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.
      1. This subsection (d) shall not apply to:
        1. Government personnel engaged in law enforcement, medical or emergency health services;
        2. 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. Delivery or pick-up service providers where those services involve only scheduled visits under the supervision of school personnel; or
        4. 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. 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).
    1. The department of education, the state board of education, local boards of education, and LEAs are prohibited from hiring or retaining any individual whom the department of children's services has found to have committed child abuse, severe child abuse, child sexual abuse, or child neglect pursuant to title 37, except that no individual or employee shall be reported as a perpetrator by the department of children's services unless the department of children's services has determined that the due process rights of the individual or employee were either offered but not accepted, or were fully concluded, pursuant to the department of children's services rules and regulations and state and federal law.
    2. Any individual who is currently employed with, or has been conditionally offered employment with, the department of education, any local board of education, 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, local board of education, or LEA.
    3. If an individual is currently employed with, or has been conditionally offered employment with, the department of education, any local board of education, 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, local board of education, or LEA.
    4. If an individual is currently employed with, or has been conditionally offered employment with, the department of education, any local board of education, 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, local board of education, or LEA.
    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, or any LEA, the department of children's services shall notify the department of education, local board of education, or LEA of the pending criminal charge.
    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 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 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 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 or LEA with the information in subdivisions (e)(2)-(5).
    7. The department of education, local board of education, and LEAs shall not hire or retain any individual whose name has been placed on the state's vulnerable person's registry or the state's sex offender registry.
    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.
  4. 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. The federal bureau of investigation for a national criminal history record check; and
    2. The Tennessee bureau of investigation for a state criminal history record check that shall include nonconviction data.
  5. 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.

Acts 1993, ch. 350, § 1; 1996, ch. 843, §§ 2, 3; 1999, ch. 480, §§ 1, 2; 2000, ch. 903, § 3; 2000, ch. 981, § 50; 2007, ch. 587, § 1; 2008, ch. 1080, §§ 1-5; 2013, ch. 177, § 1; 2013, ch. 381, § 2; 2014, ch. 844, § 1; 2016, ch. 710, § 1; 2018, ch. 1006, §§ 1, 2.

Compiler's Notes. Acts 2007, ch. 587, § 2 provided that the act shall apply to all applicable contracts entered into or renewed on or after September 1, 2007.

Acts 2008, ch. 1080, § 6 provided that the act shall apply to contracts or the renewal of contracts as provided in § 49-5-413(d)(1).

Pursuant to Article III, Section 18 of the Constitution of Tennessee, Acts 2014, ch. 844 took effect on April 28, 2014.

Cross-References. Penalties for Class A misdemeanor, § 40-35-111.

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.

Acts 1995, ch. 360, § 1; 2004, ch. 886, § 2.

Code Commission Notes.

Former subsections (b) and (c), concerning a survey of CPR- and first aid-capable personnel in public elementary and secondary schools, was deleted as obsolete by the code commission in 2009.

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.

Acts 2020, ch. 733, § 1.

Compiler's Notes. Acts 2020, ch. 733, § 2 provided that the board is authorized to promulgate rules to effectuate the act in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Effective Dates. Acts 2020, ch. 733, § 3. June 22, 2020.

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

  1. 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.
  2. 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.

Acts 1998, ch. 925, § 1; 2005, ch. 143, § 1; 2015, ch. 55, § 5.

Attorney General Opinions. T.C.A. § 49-5-416(b) does not mandate an educational agricultural program; nor does it tell a school system which staff to hire, for how long, or on what type of contract, OAG 05-137, 2005 Tenn. AG LEXIS 139 (9/7/05).

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

  1. The state board of education shall automatically revoke the license of a licensed teacher or administrator without the right to a hearing upon:
    1. Receiving verification of the identity of the teacher or administrator together with a certified copy of a criminal record showing the teacher or school administrator has been convicted of:
      1. Communicating a threat concerning a school employee, as described in § 39-13-114;
      2. Statutory rape by an authority figure, as described in § 39-13-532;
      3. Arson or aggravated arson, as described in § 39-14-301 and § 39-14-302;
      4. A burglary offense, as described in §§ 39-14-401 — 39-14-404;
      5. Child abuse, child neglect, or child endangerment, as described in § 39-15-401;
      6. Aggravated child abuse, aggravated child neglect, or aggravated child endangerment, as described in § 39-15-402;
      7. Providing handguns to juveniles, as described in § 39-17-1320;
      8. A sexual offense or a violent sexual offense as described in § 40-39-202;
      9. A felony offense in title 39, chapter 13;
      10. A felony offense in title 39, chapter 17, part 13; or
      11. Any offense listed in § 39-17-417 or § 40-35-501(i)(2);
    2. Being identified by the department of children's services, after having exhausted or waived all due process rights available to the licensed teacher or administrator, as having committed child abuse, severe child abuse, child sexual abuse, or child neglect; or
    3. The teacher's or administrator's name being placed on the state's vulnerable person's registry or the state's sex offender registry.
  2. The board shall notify persons whose licenses are subject to automatic revocation at least thirty (30) days prior to the board meeting at which the revocation shall occur.
    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. 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 suspension or revocation under state board of education rule.
      1. The department of education, in consultation with 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 instructions and procedures to be used in filling out and filing the forms. The department shall provide the form, instructions, and procedures at least annually at the beginning of each school year. The department may provide the forms, instructions, and procedures electronically.
      2. 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.
    3. The state board may issue a public reprimand if a director fails to make a report as required by this part or by the state board. The state board shall send a copy of the reprimand to the director and a copy to the local board of education, charter school governing body, or nonpublic school governing body as applicable.
    4. 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. Making sexual jokes, sexual remarks, or sexually suggestive comments;
      2. Engaging in sexual kidding, sexual teasing, sexual innuendo, or sexualized dialog;
      3. Dating or soliciting dates or sexual favors;
      4. Engaging in inappropriate physical contact or touching, groping, grabbing, or kissing; or
      5. Committing an offense under title 39, chapter 13, part 5, against a child or student.

Acts 2007, ch. 432, § 1; 2018, ch. 935, § 1; 2020, ch. 629, §§ 1, 2.

Compiler's Notes. Acts 2018, ch. 935, § 3 provided that the state board of education is authorized to promulgate rules to effectuate the purposes of this act. The rules shall be promulgated in accordance with title 4, chapter 5.

Amendments. The 2020 amendment rewrote (a), which read: “The state board of education shall automatically revoke the license of a licensed teacher or administrator without the right to a hearing upon receiving verification of the identity of the teacher or administrator together with a certified copy of a criminal record showing that the teacher or school administrator has been convicted of any offense listed in § 39-13-532, § 39-17-417, or § 40-35-501(i)(2).”; and, in (c)(1), substituted “subsection (a)” for “§ 39-13-532, § 39-17-417, and § 40-35-501(i)(2)”.

Effective Dates. Acts 2020, ch. 629, § 3. July 1, 2020.

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

  1. 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.
  2. If an LEA grants release-time, the professional employees' organization shall:
    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. Reimburse the LEA the full cost of the employee's salary and benefits, if the release is granted for an entire school year.
  3. 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.
  4. 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.
  5. 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.

Acts 2013, ch. 383, § 1; 2019, ch. 248, § 47.

49-5-419. Assessment of costs.

  1. 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, non-renewed, 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.
  2. 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.
  3. 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.

Acts 2020, ch. 734, § 1.

Effective Dates. Acts 2020, ch. 734, § 2. June 22, 2020.

Part 5
Teachers' Tenure

49-5-501. Part definitions.

As used in this part, unless the context otherwise requires:

  1. “Abolition of position” means a regular bona fide elimination of a position for sufficient, just and nondiscriminatory reasons;
  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. “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. Immorality;
    2. Conviction of a felony or a crime involving moral turpitude;
    3. Dishonesty, unreliability, continued willful failure or refusal to pay one's just and honest debts;
    4. 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. Improper use of narcotics or intoxicants;
  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. “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. “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. “Insubordination” may consist of:
    1. 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. 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. Treason, or any effort to sabotage or overthrow the government of the United States; or
    4. 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. “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. “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. “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;
    1. “Tenure” is the employment status other than probation that a teacher may be under while teaching in the public schools;
      1. 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. No teacher who acquired tenure status prior to July 1, 2011, shall be returned to probationary status;
    2. No teacher, including administrative and supervisory personnel, who has acquired tenure status is entitled to any specific position; and
  11. “Transfer” means removal from one (1) position to another position under jurisdiction of the same board.

Acts 1951, ch. 76, § 1 (Williams, § 2345.1); Acts 1955, ch. 343, § 1; 1974, ch. 654, §§ 74-76; T.C.A. (orig. ed.), § 49-1401; Acts 2010, ch. 916, § 2; 2011, ch. 70, §§ 4, 5.

Compiler's Notes. The provisions regarding the maximum age for tenure, referred to in this section, were codified in § 49-5-507, which was repealed by Acts 2006, ch. 606, § 1, effective May 4, 2006.

Cross-References. Tenure, § 49-5-503.

Textbooks. Tennessee Jurisprudence, 22 Tenn. Juris., Schools, §§ 13, 15, 18.

Law Reviews.

A Survey of Civil Procedure in Tennessee — 1977, II. Selecting a Proper Forum (John L. Sobieski, Jr.), 46 Tenn. L. Rev. 273 (1979).

Attorney General Opinions. Currently licensed public school teachers must attain “highly qualified” status according to Tennessee's No Child Left Behind Plan guidelines, OAG 05-065, 2005 Tenn. AG LEXIS 65 (4/27/05).

Validity of private act regarding county teachers’ tenure in light of the subsequent enactment of certain provisions of T.C.A. § 49-5-501, OAG 06-016, 2006 Tenn. AG LEXIS 16 (1/20/06).

NOTES TO DECISIONS

1. Statute Not Retroactive.

The tenure statute contains no expression to the effect that it is to have a retroactive effect and it was not the intention of the general assembly that the statute be so construed so as to deprive the local school boards of the right to determine the fitness of a teacher for tenure status. Shannon v. Board of Education, 199 Tenn. 250, 286 S.W.2d 571, 1955 Tenn. LEXIS 303 (1955).

2. Construction with Other Sections.

The state university and college tenure statutes in T.C.A. §§ 49-8-30249-8-304 are similar in several respects to those dealing with proceedings against tenured public school personnel in title 49, ch. 5, part 5. Frye v. Memphis State University, 671 S.W.2d 467, 1984 Tenn. LEXIS 927 (Tenn. 1984).

3. Probation Period.

The period of probation under the tenure statute must have occurred after the effective date of the statute. Shannon v. Board of Education, 199 Tenn. 250, 286 S.W.2d 571, 1955 Tenn. LEXIS 303 (1955); Brown v. Newman, 39 Tenn. App. 341, 282 S.W.2d 677, 1955 Tenn. App. LEXIS 72 (Tenn. Ct. App. 1955).

The probationary period, as defined in this section, is a condition and period of trial during which a teacher is under observation to determine teacher's fitness for tenure status. Shannon v. Board of Education, 199 Tenn. 250, 286 S.W.2d 571, 1955 Tenn. LEXIS 303 (1955).

4. Teacher.

“Teacher” under the Teacher Tenure Act includes a supervisor of public schools. Mayes v. Bailey, 209 Tenn. 186, 352 S.W.2d 220, 1961 Tenn. LEXIS 365 (1961).

Teacher had tenure as a teacher but not in administrative position of attendance teacher. State ex rel. Pemberton v. Wilson, 481 S.W.2d 760, 1972 Tenn. LEXIS 348 (Tenn. 1972).

A person serving as supervisor of instruction and materials director whose job was to supervise the work of other teachers, visit classrooms to observe teaching methods, prepare and evaluate federal aid to education projects, and distribute requested materials to teachers is a “teacher.” Mitchell v. Garrett, 510 S.W.2d 894, 1974 Tenn. LEXIS 511 (Tenn. 1974).

Principals and assistant principals fall within the definition of “teacher.” State ex rel. Brown v. Bates, 553 S.W.2d 746, 1977 Tenn. LEXIS 590 (Tenn. 1977).

A food service supervisor is not a “teacher” and, therefore, is not entitled to tenure. Lyons v. Rasar, 872 S.W.2d 895, 1994 Tenn. LEXIS 48 (Tenn. 1994).

In the context of T.C.A. § 49-5-501(10), an assistant superintendent fits into the category of a “supervisor,” who, by definition, is a “teacher.” Arnwine v. Union County Bd. of Educ., 120 S.W.3d 804, 2003 Tenn. LEXIS 1087 (Tenn. 2003).

5. Transfer or Demotion as Removal or Dismissal.

Demotion from one position to another, if and when accompanied by a substantial salary reduction, is in effect a removal from the original position. State ex rel. Taylor v. Rasnake, 209 Tenn. 229, 352 S.W.2d 427, 1961 Tenn. LEXIS 371 (1961).

Where a teacher/coach having tenured status was relieved of the duties as coach but retained as a teacher by the school board, without the approval of the superintendent of schools (now director of schools) and without formal charges having been presented or having been given a hearing, it was held that under applicable Tennessee law the teacher/coach had a legitimate claim of entitlement to continued employment as a teacher and as a coach, that the summary dismissal constituted a denial of property rights without procedural due process under U.S. Const. amend. 14, § 1, that the teacher/coach was entitled to compensatory damages therefor together with court costs (but not punitive damages or attorney's fees) and that teacher/coach was not required to first exhaust the state administrative and judicial remedies. Davis v. Barr, 373 F. Supp. 740, 1973 U.S. Dist. LEXIS 11139 (E.D. Tenn. 1973).

A high school principal, having tenured status under this and related sections, who was transferred by the school board to a less prestigious position at approximately the same salary, without the approval of the superintendent of schools (now director of schools) and without being given or refused a written statement of allegations or a hearing, and who before the final effectuation of the transfer accepted a school position in another county at no substantial loss in salary, was properly transferred and was not deprived of property without procedural due process of law under U.S. Const. amend. 14, § 1. Coe v. Bogart, 377 F. Supp. 310, 1974 U.S. Dist. LEXIS 9167 (E.D. Tenn. 1974), aff'd, 519 F.2d 10, 1975 U.S. App. LEXIS 13697 (6th Cir. Tenn. 1975).

A teacher or principal is not entitled to the specific job as assigned, so that transfer of a principal without notice or hearing did not result in deprivation of constitutional rights. Coe v. Bogart, 519 F.2d 10, 1975 U.S. App. LEXIS 13697 (6th Cir. Tenn. 1975).

Where certain actions by a school principal were sufficient to justify a reasonable fact-finding body in concluding that the principal demonstrated poor judgment, lack of cooperation with the superintendent (now director of schools), intemperate conduct, and absence of that degree of leadership to be expected from the principal of a fairly large high school, conduct was sufficiently subject to criticism and performance was sufficiently unsatisfactory in the discharge of the duties as principal as to justify removal from that position; however, the court held that none of these incidents, individually or collectively, were sufficient to justify the discharge as a regular tenured teacher. Fleming v. Wade, 568 S.W.2d 287, 1978 Tenn. LEXIS 611 (Tenn. 1978).

6. Purpose.

The basic purpose of this part is to afford a measure of job security to those educators who have attained tenure status since the efficient administration of the local educational systems requires stability of programs and trained personnel. Ryan v. Anderson, 481 S.W.2d 371, 1972 Tenn. LEXIS 342 (Tenn. 1972).

7. Job Assignments.

While principals and other administrative personnel are covered by this part they have tenure only as teachers and not in any particular job assignment. McKenna v. Sumner County Board of Education, 574 S.W.2d 527, 1978 Tenn. LEXIS 676 (Tenn. 1978).

In refusing to carry out the specific assignment of reasonable and undiscriminatory duties by the board of education, a teacher is insubordinate. Booher v. Hogans, 468 F. Supp. 28, 1978 U.S. Dist. LEXIS 19186 (E.D. Tenn. 1978), aff'd without opinion, 588 F.2d 830, 1978 U.S. App. LEXIS 7978 (6th Cir. 1978).

8. Inefficiency.

Where charge of inefficiency was based on the opinion of new principal who visited the kindergarten teacher's class for a few minutes three to four times per week, and such principal had no prior exposure or prior training in the kindergarten field, and a state supervisor testified that the kindergarten teacher had a readiness program which would adequately prepare the students for the first grade; evidence of inefficiency was insufficient to warrant dismissal. Williams v. Pittard, 604 S.W.2d 845, 1980 Tenn. LEXIS 494 (Tenn. 1980).

9. Insubordination.

There was insufficient proof of insubordination where charge was tardiness and the times when teacher was later, the teacher came in during the first 10-minute period at which time the teachers had no duties. Williams v. Pittard, 604 S.W.2d 845, 1980 Tenn. LEXIS 494 (Tenn. 1980).

10. Administrative and Supervisory Personnel.

The legislative intent expressed in title 49, ch. 5, part 5 is that the dismissal or transfer of supervisors and administrators should be treated under title 49, ch. 5, part 5 in the same manner as dismissals or transfers of teachers. White v. Banks, 614 S.W.2d 331, 1981 Tenn. LEXIS 419 (Tenn. 1981).

A shift from principal to teacher or vice versa, or from full time principal to principal and teacher is to be viewed just as a transfer of a teacher from one type of work to another and is governed by the transfer provision of T.C.A. § 49-5-510. White v. Banks, 614 S.W.2d 331, 1981 Tenn. LEXIS 419 (Tenn. 1981).

The firing of a principal is to be viewed just as the firing of a teacher; it is governed by the dismissal provision in T.C.A. § 49-5-511. White v. Banks, 614 S.W.2d 331, 1981 Tenn. LEXIS 419 (Tenn. 1981).

11. Athletics Coaches.

A teacher who also is employed as an athletics coach by a school board has two sets of rights: (1) The position as a teacher is protected by tenure, assuming that teacher has acquired tenure status; and (2) The position as a coach is protected by whatever contract the teacher has with the board to perform coaching duties, but not by tenure. White v. Banks, 614 S.W.2d 331, 1981 Tenn. LEXIS 419 (Tenn. 1981).

Relieving a teacher-coach of coaching duties only is not a “dismissal or suspension” of a teacher, but is equivalent to a “transfer within the system” and is governed by T.C.A. § 49-5-510. White v. Banks, 614 S.W.2d 331, 1981 Tenn. LEXIS 419 (Tenn. 1981).

12. Conduct Unbecoming a Teacher.

Charge of “conduct unbecoming a teacher” was not vague or indefinite. Anderson v. Evans, 660 F.2d 153, 1981 U.S. App. LEXIS 18545 (6th Cir. Tenn. 1981).

Teacher's conduct on March 24 was disrespectful to her colleague, but the chancellor did not determine that this incident, standing alone, constituted unprofessional conduct; rather, the court determined that the cumulative nature of her improper interactions with her students, and between her and her colleagues met the statutory burden to prove unprofessional conduct, and there was ample testimony to support this determination. Finney v. Franklin Special Sch. Dist. Bd. of Educ., 576 S.W.3d 663, 2018 Tenn. App. LEXIS 571 (Tenn. Ct. App. Sept. 28, 2018), appeal denied, — S.W.3d —, 2019 Tenn. LEXIS 118 (Tenn. Feb. 20, 2019).

District proved the ground of unprofessional conduct by the teacher, given the disturbing video footage of the physical struggle between the teacher and a special education student; the teacher's behavior was unbecoming a member of a profession in good standing, plus she violated the Teacher Code of Ethics. Finney v. Franklin Special Sch. Dist. Bd. of Educ., 576 S.W.3d 663, 2018 Tenn. App. LEXIS 571 (Tenn. Ct. App. Sept. 28, 2018), appeal denied, — S.W.3d —, 2019 Tenn. LEXIS 118 (Tenn. Feb. 20, 2019).

13. Permanent Tenure.

A teacher does not lose permanent tenure upon resignation, provided a 30-day notice is given as required by T.C.A. § 49-5-508 and the teacher is subsequently rehired. Cox v. Perkins, 585 S.W.2d 590, 1979 Tenn. LEXIS 481, 9 A.L.R.4th 724 (Tenn. 1979).

Teacher aides were not eligible for attainment of tenure under T.C.A. § 49-5-501(10) (now (11)). Cantrell v. Knox County Bd. of Educ., 53 S.W.3d 659, 2001 Tenn. LEXIS 619 (Tenn. 2001).

Teacher, who was terminated by school board, merely completed probationary period when the teacher gave notice to school's principal that the teacher would need to recover from surgery; teacher had not attained tenure, as superintendent (now director of schools) did not give notice to the board of education of the teacher's eligibility for tenure. Ray v. Bd. of Educ., 72 S.W.3d 657, 2001 Tenn. App. LEXIS 804 (Tenn. Ct. App. 2001).

District court properly granted summary judgment in favor of a school board in a former teacher's 42 U.S.C. § 1983 action claiming that his termination violated due process rights under T.C.A. § 49-5-501 et seq.; the teacher was not entitled to the notice and hearing afforded tenured teachers because he had not attained tenure status. Pennycuff v. Fentress County Bd. of Educ., 404 F.3d 447, 2005 FED App. 0172P, 2005 FED App. 172P, 2005 U.S. App. LEXIS 5936 (6th Cir. Tenn. 2005), rehearing denied, — F.3d —, 2005 U.S. App. LEXIS 14536 (6th Cir. June 23, 2005).

14. Dismissal Not Warranted.

Reinstatement of teacher's employment was appropriate under T.C.A. § 49-5-501(5) because although her conduct was inappropriate, her termination was not warranted since she suffered from chronic depression, had taken steps to control it, and her doctor's appointment that was scheduled before the incidents in question was rescheduled due to a request from her superiors. Ripley v. Anderson County Bd. of Educ., 293 S.W.3d 154, 2008 Tenn. App. LEXIS 623 (Tenn. Ct. App. Oct. 15, 2008).

Chancery court erred in affirming the board's decision to terminate a tenured teacher on the basis of neglect of duty because there was no evidence that he was tardy 35 times in one year, he never received warnings regarding his alleged tardiness, his failure to submit his leave-extension paperwork in a timely manner occurred three years before the charges were brought against him, and he was not given an opportunity to make up a teacher professional development course. Harper v. Shelby Cty. Schs, — S.W.3d —, 2019 Tenn. App. LEXIS 165 (Tenn. Ct. App. Apr. 1, 2019).

15. Dismissal Warranted.

Chancery court properly affirmed a board of education's decision to terminate a tenured teacher on the basis of inefficiency and incompetence because, despite his 18 years of teaching experience, the record was replete with instances of the teacher's classroom management issues and his students'  misbehavior, his “lack of power” was evidenced by the fact that he had to use a whistle to bring the classroom back to order, and he required extraordinary assistance from school administrators. Harper v. Shelby Cty. Schs, — S.W.3d —, 2019 Tenn. App. LEXIS 165 (Tenn. Ct. App. Apr. 1, 2019).

16. Director of Schools.

A superintendent (now director of schools) may complete the three-year probationary period required by title 49, ch. 5, part 5 by serving as a superintendent and not as a classroom teacher. Reeves v. Etowah City School Bd. of Educ., 806 S.W.2d 176, 1991 Tenn. LEXIS 127 (Tenn. 1991).

17. Substance Abuse.

Public interests in subjecting teachers to urinalysis drug testing clearly outweighed teachers' privacy interest where: (1) the drug testing regime was circumscribed, narrowly tailored, and not overly intrusive, whether in its monitoring procedures or in its disclosure requirements, (2) it was a one-time test, with advance notice, with no random testing component and (3) the school system in which the teachers worked was heavily regulated, particularly as to drug usage. Knox County Educ. Ass'n v. Knox County Bd. of Educ., 158 F.3d 361, 1998 FED App. 0300P, 1998 U.S. App. LEXIS 24131 (6th Cir. 1998), cert. denied, 528 U.S. 812, 120 S. Ct. 46, 145 L. Ed. 2d 41, 1999 U.S. LEXIS 4848 (1999).

Suspicion-based drug testing depending on enumerated requirements for reasonable cause sufficiently limited the discretion of officials administering the rule, and because the testing was clearly based upon a finding of individualized suspicion, that portion of the testing policy comported with the requirements of the fourth amendment. Knox County Educ. Ass'n v. Knox County Bd. of Educ., 158 F.3d 361, 1998 FED App. 0300P, 1998 U.S. App. LEXIS 24131 (6th Cir. 1998), cert. denied, 528 U.S. 812, 120 S. Ct. 46, 145 L. Ed. 2d 41, 1999 U.S. LEXIS 4848 (1999).

Procedures for testing whether on duty school employees were under the influence of alcohol did not render the testing unconstitutional, but the low threshold (.02) for a positive result raised constitutional concerns requiring remand to determine whether the .02 level was reasonably related to the purpose of the testing. Knox County Educ. Ass'n v. Knox County Bd. of Educ., 158 F.3d 361, 1998 FED App. 0300P, 1998 U.S. App. LEXIS 24131 (6th Cir. 1998), cert. denied, 528 U.S. 812, 120 S. Ct. 46, 145 L. Ed. 2d 41, 1999 U.S. LEXIS 4848 (1999).

18. Notification of Effect of Reelection.

Teacher did not attain permanent tenure because the superintendent of schools (now director of schools) did not provide the statutory notice required by T.C.A. § 49-5-504. Bowden v. Memphis Bd. of Educ., 29 S.W.3d 462, 2000 Tenn. LEXIS 480 (Tenn. 2000), rehearing denied, — S.W.3d —, 2000 Tenn. LEXIS 644 (Tenn. Nov. 9, 2000).

19. Amendment Properly Allowed.

In a teacher's action against a school board under the Teacher Tenure Act, T.C.A. § 49-5-501 et seq., and 42 U.S.C. § 1983, the trial court did not abuse its discretion in granting the teacher's ore tenus motion to conform the pleadings to the evidence where the complaint failed to allege that the deprivation of the teacher's property interest was caused by the board's policy or custom, but the evidence included statements by board employees that it was the board's policy at that time to terminate some teachers without affording them tenure hearings. Thompson v. Memphis City Schs. Bd. of Educ., — S.W.3d —, 2012 Tenn. App. LEXIS 39 (Tenn. Ct. App. Jan. 18, 2012), modified, 395 S.W.3d 616, 2012 Tenn. LEXIS 933 (Tenn. Dec. 21, 2012).

49-5-502. Construction with other statutes.

  1. The teachers' continuing contract law, codified 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.
    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. 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. 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.

Acts 1951, ch. 76, §§ 14, 18 (Williams, §§ 2345.14, 2345.18); modified; T.C.A. (orig. ed.), §§ 49-1418, 49-1419; Acts 2011, ch. 70, § 6.

NOTES TO DECISIONS

1. Local Statutes.

2. —Constitutionality.

Local tenure statute, Private Acts 1949, ch. 384, applicable to Campbell County by population classification, which provided teachers with reasonable protection against being transferred to lower paying positions without notice or charges, and which statute was in substantial compliance with general state law governing tenure, was not unconstitutional as granting special privileges and immunities or as imposing limitations, restrictions, duties, responsibilities and burdens different from that provided by the general state law. State ex rel. Taylor v. Rasnake, 209 Tenn. 229, 352 S.W.2d 427, 1961 Tenn. LEXIS 371 (1961).

49-5-503. Tenure.

Any teacher who meets all of the following requirements is eligible for “tenure”:

  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. Holds a valid teacher license, issued by the state board of education, based on training covering the subjects or grades taught;
  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. Has received evaluations demonstrating 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, 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; 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 the provisions of this subdivision (4); and
  5. Is reemployed by the director of schools for service after the probationary period.

Acts 1951, ch. 76, § 3 (Williams, § 2345.3); modified; Acts 1971, ch. 22, §§ 1, 2; 1977, ch. 33, § 1; T.C.A. (orig. ed.), § 49-1402; Acts 1987, ch. 308, § 25; 2011, ch. 70, § 7; 2015, ch. 158, § 6.

Code Commission Notes.

Former subdivision (1), concerning limited tenure, was deleted as obsolete by the code commission in 2009.

Compiler's Notes. Acts 2015, ch. 158, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Tennessee Teaching Evaluation Enhancement Act.”

Cross-References. Definition of tenure, § 49-5-501.

Law Reviews.

Tennessee's National Impact On Teacher Evaluation Law & Policy: An Assessment Of Value-Added Model Litigation, 13 Tenn. J. L. & Pol'y 523 (Winter 2019).

Attorney General Opinions. A school board's re-election of a teacher for a fourth year of employment does not result in the granting of tenure in the absence of the director of schools' recommendation that tenure be granted and notification by the director of schools that the board's renewal of contract, without more, will result in a grant of tenure, OAG 01-013, 2001 Tenn. AG LEXIS 13 (1/30/01).

The Tennessee teacher-employment statutes governing permanent employment, layoffs, and dismissal or suspension of teachers do not violate a student's constitutional right to a free education. OAG 14-99, 2014 Tenn. AG LEXIS 102 (10/30/14).

NOTES TO DECISIONS

1. Permanent Tenure.

Where teacher who lost tenure status by failing to give proper statutory notice of resignation subsequently returned to the same system, the teacher was only required to complete the probationary period of three school years specified by this section in order to be eligible again for tenure status rather than the five-year period provided by T.C.A. § 49-5-508 for eligibility where such a teacher is subsequently employed in another school system of the state. Ryan v. Anderson, 481 S.W.2d 371, 1972 Tenn. LEXIS 342 (Tenn. 1972).

In order for a teacher to be eligible for tenure status, the teacher must not only complete the period specified but must also be reemployed at the end of the probationary period. Ryan v. Anderson, 481 S.W.2d 371, 1972 Tenn. LEXIS 342 (Tenn. 1972).

A teacher who had permanent tenure status did not lose tenure rights as a result of being elected to the office of school superintendent (now director of schools). It was unnecessary to file an application for a leave of absence which is only required when a teacher leaves the system. Jones v. Brown, 727 S.W.2d 497, 1987 Tenn. LEXIS 891 (Tenn. 1987).

Tenn. Code Ann. § 49-5-504, which required notice by the superintendent (now director of schools), was a limitation on former T.C.A. § 49-5-503(2)(D) (now § 49-5-503(4)), which granted permanent tenure status when a teacher was reemployed after the probationary period. Reeves v. Etowah City School Bd. of Educ., 806 S.W.2d 176, 1991 Tenn. LEXIS 127 (Tenn. 1991).

Period of employment as a teacher's aide did not count toward tenure. Moore v. Board of Educ., 134 F.3d 781, 1998 FED App. 0022P, 1998 U.S. App. LEXIS 783 (6th Cir. Tenn. 1998), cert. denied, 525 U.S. 929, 119 S. Ct. 336, 142 L. Ed. 2d 277, 1998 U.S. LEXIS 6482 (1998).

2. Limited Tenure.

Limited tenure is not intended to provide blanket coverage for all nontenured teachers, rather, it was intended to provide protection for teachers who had been teaching prior to September 1, 1972, who have college credits less than a bachelor degree and have completed the three years of probationary work in the school system, and who have been reemployed after the probationary period. Malone v. Shelby County Bd. of Education, 773 S.W.2d 256, 1989 Tenn. App. LEXIS 242 (Tenn. Ct. App. 1989).

3. Judicial Review.

Teacher did not have right of judicial review of failure of school board to reelect teacher and expiration of probationary period provided by this section is prerequisite to tenure status. Ryan v. Anderson, 481 S.W.2d 371, 1972 Tenn. LEXIS 342 (Tenn. 1972).

4. Completion of Probationary Period.

A superintendent may complete the three-year probationary period required by title 49, ch. 5, part 5 by serving as a superintendent and not as a classroom teacher. Reeves v. Etowah City School Bd. of Educ., 806 S.W.2d 176, 1991 Tenn. LEXIS 127 (Tenn. 1991).

5. Effect of Probationary Service upon Permanent Tenure.

The mere completion of the probationary period by a teacher otherwise qualified does not automatically confer permanent tenure but is merely a condition precedent to eligibility for tenure, since the conference of tenurial status is dependent not only upon service but also upon affirmative action by the board of education. Sanders v. Vinson, 558 S.W.2d 838, 1977 Tenn. LEXIS 665 (Tenn. 1977); Reed v. Washington County Bd. of Education, 756 S.W.2d 250, 1988 Tenn. LEXIS 164 (Tenn. 1988).

A qualified teacher who has finished the statutory probationary requirements does not obtain tenure status until and unless the teacher is reemployed by the board of education for further service after expiration of the contract during which the probationary period was completed. Coleman v. Acuff, 569 S.W.2d 459, 1978 Tenn. LEXIS 625 (Tenn. 1978).

A teacher whose probationary period expired during the academic term and who was permitted by the board of education to continue teaching until the end of the academic term had not been “reemployed” within the meaning of this section and T.C.A. § 49-5-504 and hence did not acquire tenurial status. Coleman v. Acuff, 569 S.W.2d 459, 1978 Tenn. LEXIS 625 (Tenn. 1978).

The retention and reelection of teacher for three years beyond the probationary period provided in T.C.A. § 49-5-503 was an affirmative action that satisfied the prerequisite of T.C.A. § 49-5-503(2)(D) (now § 49-5-503(4)). Reed v. Washington County Bd. of Education, 756 S.W.2d 250, 1988 Tenn. LEXIS 164 (Tenn. 1988).

Notification by the superintendent (now director of schools) under T.C.A. § 49-5-504(b) is required before a teacher attains permanent tenure, even when the teacher has satisfied the provisions set forth in T.C.A. § 49-5-503. Bowden v. Memphis Bd. of Educ., 29 S.W.3d 462, 2000 Tenn. LEXIS 480 (Tenn. 2000), rehearing denied, — S.W.3d —, 2000 Tenn. LEXIS 644 (Tenn. Nov. 9, 2000).

6. Compliance.

District court properly granted summary judgment in favor of a school board in a former teacher's 42 U.S.C. § 1983 action claiming that his termination violated due process rights under T.C.A. § 49-5-501 et seq.; the teacher was not entitled to the notice and hearing afforded tenured teachers because he had not attained tenure status. Pennycuff v. Fentress County Bd. of Educ., 404 F.3d 447, 2005 FED App. 0172P, 2005 FED App. 172P, 2005 U.S. App. LEXIS 5936 (6th Cir. Tenn. 2005), rehearing denied, — F.3d —, 2005 U.S. App. LEXIS 14536 (6th Cir. June 23, 2005).

Trial court properly granted summary judgment to a school board in a teacher's action under the Teacher Tenure Act because, while the teacher had a degree from an approved four-year college and held a valid teacher license, she was not tenured at the time of her dismissal inasmuch as affirmative action was still required to confer tenure on her. Dallas v. Shelby Cty. Bd. of Educ., — S.W.3d —, 2019 Tenn. App. LEXIS 399 (Tenn. Ct. App. Aug. 19, 2019).

49-5-504. Probation.

  1. Any teacher, otherwise qualified for tenure status, shall meet the following requirements prior to becoming eligible for tenure status:
    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. 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 the provisions of this subdivision (a)(2).
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. Subsection (e) does not apply to teachers who acquired tenure prior to July 1, 2011.

Acts 1951, ch. 76, §§ 4, 8 (Williams, §§ 2345.4, 2345.8); Acts 1965, ch. 195, § 1; 1973, ch. 298, § 1; T.C.A (orig. ed.), §§ 49-1403, 49-1406; Acts 1987, ch. 308, § 26; 2006, ch. 574, §§ 1, 2; 2011, ch. 70, § 8; 2015, ch. 158, § 7.

Code Commission Notes.

The provisions in subsection (a) concerning limited tenure were deleted as obsolete by the code commission in 2009.

Compiler's Notes. Acts 2015, ch. 158, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Tennessee Teaching Evaluation Enhancement Act.”

Cross-References. Board of education to provide reasons and hearing to probationary teachers upon failure of reelection, § 49-2-203.

Attorney General Opinions. Superintendent's (now director of schools') favorable recommendation required for tenure, OAG 98-009, 1998 Tenn. AG LEXIS 9 (1/9/98).

In order for a teacher to be awarded tenure, the law requires that, in addition to completion of three years of employment and a favorable recommendation of the school superintendent (now director of schools), the superintendent must advise the school board that renewal of the teacher's contract for another year will result in an award of tenure, OAG 01-013, 2001 Tenn. AG LEXIS 13 (1/30/01).

NOTES TO DECISIONS

1. Tenure Status — When Acquired.

The period of probation under the tenure statute must have occurred after the effective date of the statute. Shannon v. Board of Education, 199 Tenn. 250, 286 S.W.2d 571, 1955 Tenn. LEXIS 303 (1955); Brown v. Newman, 39 Tenn. App. 341, 282 S.W.2d 677, 1955 Tenn. App. LEXIS 72 (Tenn. Ct. App. 1955).

A teacher is not entitled to permanent tenure status as a matter of right upon completion of the probationary period unless retained or reelected to the position. State ex rel. Stewart v. Lunsford, 207 Tenn. 33, 336 S.W.2d 20, 1960 Tenn. LEXIS 404 (1960).

Superintendent of schools (now director of schools) who had served for a year term but was not hired by board of education upon application for teaching position after being defeated for reelection was not entitled to permanent tenure status. State ex rel. Stewart v. Lunsford, 207 Tenn. 33, 336 S.W.2d 20, 1960 Tenn. LEXIS 404 (1960).

Trial court properly granted summary judgment to a school board in a teacher's action under the Teacher Tenure Act because, while the teacher had a degree from an approved four-year college and held a valid teacher license, she was not tenured at the time of her dismissal inasmuch as affirmative action was still required to confer tenure on her. Dallas v. Shelby Cty. Bd. of Educ., — S.W.3d —, 2019 Tenn. App. LEXIS 399 (Tenn. Ct. App. Aug. 19, 2019).

2. Tenure Status — When Not Acquired.

Where a teacher who was qualified for permanent tenure status, except for the length of service prescribed by this section, was not reelected by the board of education and was not given the proper written notice required by T.C.A. § 49-5-409, and where the teacher continued to teach during the following year, thus completing the required probationary period, since the board did not affirmatively act to reemploy the teacher after considering performance and capabilities, the teacher did not acquire tenure although through the failure of notice the contract was continued for an additional year, and for breach of such contract the teacher was entitled to damages. Snell v. Brothers, 527 S.W.2d 114, 1975 Tenn. LEXIS 641 (Tenn. 1975).

Period of employment as a teacher's aide did not count toward tenure. Moore v. Board of Educ., 134 F.3d 781, 1998 FED App. 0022P, 1998 U.S. App. LEXIS 783 (6th Cir. Tenn. 1998), cert. denied, 525 U.S. 929, 119 S. Ct. 336, 142 L. Ed. 2d 277, 1998 U.S. LEXIS 6482 (1998).

Because the superintendent never gave notice to the board of education prior to the principal's reelection that the principal would attain tenured status if reelected, the principal did not have tenure under T.C.A. § 49-5-504(b). Pennycuff v. Fentress County Bd. of Educ., 206 F. Supp. 2d 911, 2002 U.S. Dist. LEXIS 11398 (M.D. Tenn. 2002), aff'd, 404 F.3d 447, 2005 FED App. 0172P, 2005 FED App. 172P, 2005 U.S. App. LEXIS 5936 (6th Cir. Tenn. 2005).

3. Effect of Probationary Service upon Permanent Tenure.

The mere completion of the probationary period by a teacher otherwise qualified does not automatically confer permanent tenure but is merely a condition precedent to eligibility for tenure, since the conference of tenurial status is dependent not only upon service but also upon affirmative action by the board of education. Sanders v. Vinson, 558 S.W.2d 838, 1977 Tenn. LEXIS 665 (Tenn. 1977).

A qualified teacher who has finished the statutory probationary requirements does not obtain tenure status until and unless is reemployed by the board of education for further service after expiration of the contract during which the probationary period was completed. Coleman v. Acuff, 569 S.W.2d 459, 1978 Tenn. LEXIS 625 (Tenn. 1978).

A teacher whose probationary period expired during the academic term and who was permitted by the board of education to continue teaching until the end of the academic term had not been “reemployed” within the meaning of this section and T.C.A. § 49-5-503 and hence did not acquire tenurial status. Coleman v. Acuff, 569 S.W.2d 459, 1978 Tenn. LEXIS 625 (Tenn. 1978).

4. Notification of Effect of Reelection.

The purpose of the proviso in this section is to ensure that the board knows that reemployment will confer tenure. Sanders v. Vinson, 558 S.W.2d 838, 1977 Tenn. LEXIS 665 (Tenn. 1977).

5. Recommendation of Director of Schools.

The recommendation of the superintendent (now director of schools) is not essential to the employment, reemployment or retention of a public school teacher, and the absence of a recommendation is irrelevant to the issue of tenure. Sanders v. Vinson, 558 S.W.2d 838, 1977 Tenn. LEXIS 665 (Tenn. 1977).

District court properly granted summary judgment in favor of a school board in a former teacher's 42 U.S.C. § 1983 action claiming that his termination violated due process rights under T.C.A. § 49-5-501 et seq.; the teacher was not entitled to the notice and hearing afforded tenured teachers because he had not attained tenure status. Pennycuff v. Fentress County Bd. of Educ., 404 F.3d 447, 2005 FED App. 0172P, 2005 FED App. 172P, 2005 U.S. App. LEXIS 5936 (6th Cir. Tenn. 2005), rehearing denied, — F.3d —, 2005 U.S. App. LEXIS 14536 (6th Cir. June 23, 2005).

6. Notice by the Director of Schools.

School superintendent (now director of schools) was not entitled to permanent tenure because superintendent (now director of schools) failed to comply with T.C.A. § 49-5-504(b), which required that school superintendent notify the school board, prior to reemployment, that if retained, school superintendent would acquire tenure status. Reeves v. Etowah City School Bd. of Educ., 806 S.W.2d 176, 1991 Tenn. LEXIS 127 (Tenn. 1991).

Section 49-5-504(b), which required notice by the superintendent (now director of schools), was a limitation on former T.C.A. § 49-5-503(2)(D) (now § 49-5-503(4)), which granted permanent tenure status when a teacher was reemployed after the probationary period. Reeves v. Etowah City School Bd. of Educ., 806 S.W.2d 176, 1991 Tenn. LEXIS 127 (Tenn. 1991).

Notification by the superintendent (now director of schools) under T.C.A. § 49-5-504(b) is required before a teacher attains permanent tenure, even when the teacher has satisfied the provisions set forth in T.C.A. § 49-5-503(2)(A) — (D) (now § 49-5-503(1)-(4)). Bowden v. Memphis Bd. of Educ., 29 S.W.3d 462, 2000 Tenn. LEXIS 480 (Tenn. 2000), rehearing denied, — S.W.3d —, 2000 Tenn. LEXIS 644 (Tenn. Nov. 9, 2000).

49-5-505. [Reserved.]

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 and have the approval of the state board of education.

Acts 1951, ch. 76, § 13 (Williams, § 2345.13); Acts 1961, ch. 226, § 1; 1963, ch. 236, § 1; T.C.A. (orig. ed.), § 49-1405.

Law Reviews.

Procedure and Evidence — 1961 Tennessee Survey (Edmund M. Morgan), 14 Vand. L. Rev. 1353.

49-5-507. [Reserved.]

  1. 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.
  2. 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.
  3. The conditions under which it is permissible to break a contract with a local board of education are as follows:
    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. The drafting of the teacher into military service by a selective service board; or
    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.

Acts 1951, ch. 76, § 9 (Williams, § 2345.9); Acts 1961, ch. 226, § 3; 1974, ch. 654, § 78; T.C.A. (orig. ed.), § 49-1408.

Compiler's Notes. The reference in this code section to three (3) continuous years required in § 49-5-503 should probably now be to five years based upon the amendment of § 49-5-503 by Acts 2011, ch. 70, § 7.

Cross-References. Teachers' resignations, § 49-5-411.

Textbooks. Tennessee Jurisprudence, 22 Tenn. Juris., Schools, §§ 15, 22.

NOTES TO DECISIONS

1. Loss of Tenure.

Where teacher who lost tenure status by failing to give statutory notice of resignation subsequently returned to same system, the teacher was only required to complete the probationary period of three school years (now five school years) specified by T.C.A. § 49-5-503 in order to again be eligible for tenure status rather than the five years provided by this section for eligibility where such a teacher subsequently is employed in another school system in the state. Ryan v. Anderson, 481 S.W.2d 371, 1972 Tenn. LEXIS 342 (Tenn. 1972).

Where teacher gave the notice of resignation as required by this section and was later reemployed such teacher did not lose permanent tenure status. Cox v. Perkins, 585 S.W.2d 590, 1979 Tenn. LEXIS 481, 9 A.L.R.4th 724 (Tenn. 1979).

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

  1. 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.
  2. 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.
  3. 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.
  4. All tenure decisions made under this section are subject to the requirements of § 49-5-504 concerning overall performance effectiveness levels.

Acts 1951, ch. 76, § 11 (Williams, § 2345.11); T.C.A. (orig. ed.), § 49-1409; Acts 2012, ch. 614, § 1.

NOTES TO DECISIONS

1. Application.

Principal did not have tenure under T.C.A. § 49-5-509 because it was undisputed that the board of education did not act pursuant to the recommendation of the superintendent when it voted to transfer the principal's tenure from another school system. Pennycuff v. Fentress County Bd. of Educ., 206 F. Supp. 2d 911, 2002 U.S. Dist. LEXIS 11398 (M.D. Tenn. 2002), aff'd, 404 F.3d 447, 2005 FED App. 0172P, 2005 FED App. 172P, 2005 U.S. App. LEXIS 5936 (6th Cir. Tenn. 2005).

District court properly granted summary judgment in favor of a school board in a former teacher's 42 U.S.C. § 1983 action claiming that his termination violated due process rights under T.C.A. § 49-5-501 et seq.; the teacher was not entitled to the notice and hearing afforded tenured teachers because he had not attained tenure status. Pennycuff v. Fentress County Bd. of Educ., 404 F.3d 447, 2005 FED App. 0172P, 2005 FED App. 172P, 2005 U.S. App. LEXIS 5936 (6th Cir. Tenn. 2005), rehearing denied, — F.3d —, 2005 U.S. App. LEXIS 14536 (6th Cir. June 23, 2005).

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.

Acts 1951, ch. 76, § 10 (Williams, § 2345.10); Acts 1957, ch. 202, § 1; 1965, ch. 196, § 1; 1969, ch. 286, § 1; 1970, ch. 480, § 1; T.C.A. (orig. ed.), § 49-1411; Acts 1987, ch. 308, § 27; 1992, ch. 535, § 15; 1998, ch. 826, § 2; 2011, ch. 378, § 2.

Compiler's Notes. Acts 2011, ch. 378, § 4 provided that nothing in the act shall be construed to abridge or impair a contract or agreement governing terms and conditions of professional service entered into by a board of education and a recognized professional employees' organization under the Education Professional Negotiations Act before June 1, 2011. Any such contract or agreement shall remain in full force and effect until the expiration of the contract or agreement.

Textbooks. Tennessee Jurisprudence, 22 Tenn. Juris., Schools, §§ 15, 19.

Attorney General Opinions. Authority of school superintendent (now director of schools) to transfer teachers and school personnel within district, OAG 97-107, 1997 Tenn. AG LEXIS 96 (7/28/97).

Demotion not a transfer, OAG 98-0164, 1998 Tenn. AG LEXIS 164 (8/24/98).

NOTES TO DECISIONS

1. Nature of Statute.

The provisions of this section (prior to the 1957 amendment) as to transfer of teachers by superintendent (now director of schools) with approval of board were directory only, and the board could transfer teachers without recommendation or consent of the superintendent. State v. Yoakum, 201 Tenn. 180, 297 S.W.2d 635, 1956 Tenn. LEXIS 481 (1956).

2. Application.

Supervisor of public schools was a “teacher” within the meaning of this section. Mayes v. Bailey, 209 Tenn. 186, 352 S.W.2d 220, 1961 Tenn. LEXIS 365 (1961).

“Transfer” in this section was not intended to be synonymous with the terms “dismissal” and “suspension” used in T.C.A. §§ 49-5-511 and 49-5-512. McKenna v. Sumner County Board of Education, 574 S.W.2d 527, 1978 Tenn. LEXIS 676 (Tenn. 1978).

1998 amendment to T.C.A. § 49-5-510 does not authorize the inclusion or enforcement of provisions in a locally negotiated agreement which would restrict the superintendent's (now director of schools') authority to remove a tenured teacher from a principal position and reassign that teacher to other duties. Marion County Bd. of Educ. v. Marion County Educ. Ass'n, 86 S.W.3d 202, 2001 Tenn. App. LEXIS 600 (Tenn. Ct. App. 2001).

3. Rights of Teachers.

No teacher under the tenure law is guaranteed continuity of employment in a particular assignment or school. State v. Yoakum, 201 Tenn. 180, 297 S.W.2d 635, 1956 Tenn. LEXIS 481 (1956).

Where a teacher/coach having tenured status was relieved of duties as coach but retained as a teacher by the school board, without the approval of the superintendent of schools (now director of schools) and without formal charges having been presented or having been given a hearing, the teacher/coach had a legitimate claim of entitlement to continued employment as a teacher and as a coach; summary dismissal constituted a denial of property rights without procedural due process under U.S. Const., amend. 14, § 1; the teacher/coach was entitled to compensatory damages together with court costs (but not punitive damages or attorney's fees); and was not required to first exhaust the state administrative and judicial remedies. Davis v. Barr, 373 F. Supp. 740, 1973 U.S. Dist. LEXIS 11139 (E.D. Tenn. 1973).

A teacher or principal is not entitled to the specific job to which assigned, so that transfer of a principal without notice or hearing did not result in deprivation of constitutional rights. Coe v. Bogart, 519 F.2d 10, 1975 U.S. App. LEXIS 13697 (6th Cir. Tenn. 1975).

Transfer of a tenured teacher does not deprive teacher of a “property interest,” and thus does not violate the substantive due process rights under the U.S. Const., amend. 14. Sullivan v. Brown, 544 F.2d 279, 1976 U.S. App. LEXIS 6614 (6th Cir. Tenn. 1976).

There is no constitutionally protected right to public employment and no consequent right, under either federal or state law, to insist upon any specific job assignment which is desired. Booher v. Hogans, 468 F. Supp. 28, 1978 U.S. Dist. LEXIS 19186 (E.D. Tenn. 1978), aff'd without opinion, 588 F.2d 830, 1978 U.S. App. LEXIS 7978 (6th Cir. 1978); Roseboro v. Fayetteville City Bd. of Educ., 491 F. Supp. 113, 1978 U.S. Dist. LEXIS 6953 (E.D. Tenn. 1978).

Tenure cannot be acquired in the position of athletic director and coach, which is an assignment that falls within the same category as principal and other administrative and supervisory assignments, and there is no requirement of formal charges and a hearing prior to relieving a tenured teacher of that assignment. Warren v. Polk County Board of Education, 613 S.W.2d 222, 1981 Tenn. LEXIS 416 (Tenn. 1981).

4. Considerations Involved in Transfer.

In the transfer of teachers, the best interests of the schools must be intended. State v. Yoakum, 201 Tenn. 180, 297 S.W.2d 635, 1956 Tenn. LEXIS 481 (1956).

When teachers are transferred from one place to another, it must be done with reasonable discretion. State v. Yoakum, 201 Tenn. 180, 297 S.W.2d 635, 1956 Tenn. LEXIS 481 (1956).

There has to be a meeting of the minds of the superintendent (now director of schools) and the board and concurrent action on their part before a teacher may be transferred from one location to another in the school system or from one type of work to another for which qualified and certified. Mayes v. Bailey, 209 Tenn. 186, 352 S.W.2d 220, 1961 Tenn. LEXIS 365 (1961).

Where record showed that superintendent (now director of schools) recommended transfer of teacher, and two-thirds of the board members voted in favor thereof, there was a presumption of good faith in the transfer. Mayes v. Bailey, 209 Tenn. 186, 352 S.W.2d 220, 1961 Tenn. LEXIS 365 (1961).

Transfers within the school system are not required to be accompanied by charges and a hearing. State ex rel. Pemberton v. Wilson, 481 S.W.2d 760, 1972 Tenn. LEXIS 348 (Tenn. 1972).

In matters of transfer, teachers must be dealt with considerately and not arbitrarily or capriciously, transfer should be made either at time of selection or shortly thereafter in order that the transferee may contract or refuse to contract with the board, and all must be done in a reasonable manner and for the good of the system. State ex rel. Pemberton v. Wilson, 481 S.W.2d 760, 1972 Tenn. LEXIS 348 (Tenn. 1972).

A high school principal, who was transferred by the school board to a less prestigious position at approximately the same salary, without the approval of the superintendent of schools (now director of schools) and without being given or refused a written statement of allegation or a hearing, and who before the final effectuation of the transfer accepted a school position in another county at no substantial loss in salary, was properly transferred under this section and was not deprived of property without procedural due process of law under U.S. Const., amend. 14. Coe v. Bogart, 377 F. Supp. 310, 1974 U.S. Dist. LEXIS 9167 (E.D. Tenn. 1974), aff'd, 519 F.2d 10, 1975 U.S. App. LEXIS 13697 (6th Cir. Tenn. 1975).

The transfer of a teacher to another position with equal pay, necessitated by elimination of the teacher's formal position, was not arbitrary or capricious. Mitchell v. Garrett, 510 S.W.2d 894, 1974 Tenn. LEXIS 511 (Tenn. 1974).

The transfer of a teacher from one position to another is proper and in the discretion of the superintendent (now director of schools) and school board, so long as the transfer is not the result of arbitrary or capricious conduct. Mitchell v. Garrett, 510 S.W.2d 894, 1974 Tenn. LEXIS 511 (Tenn. 1974).

Title 49, ch. 5, part 5 requires that transfers be reasonable. Bundren v. Peters, 732 F. Supp. 1486, 1989 U.S. Dist. LEXIS 16980 (E.D. Tenn. 1989).

A reduction in pay is permitted when it results from a legitimate transfer. Nevertheless, when determining whether a transfer was arbitrary, capricious or done in bad faith, loss of salary is a relevant factor. Bundren v. Peters, 732 F. Supp. 1486, 1989 U.S. Dist. LEXIS 16980 (E.D. Tenn. 1989).

Although politically motivated transfer was made with the concurrence of the board of education and arguably for the efficient operation of the school system, a politically motivated transfer cannot be made in good faith, and was arbitrary and capricious under title 49, ch. 5, part 5. Bundren v. Peters, 732 F. Supp. 1486, 1989 U.S. Dist. LEXIS 16980 (E.D. Tenn. 1989).

Transfer of the attendance supervisor of a school system to the position of middle school physical education instructor was not shown to be politically motivated in spite of evidence of a tense relationship between the supervisor and the school superintendent (now director of schools); the supervisor's position had been eliminated pursuant to a reorganization plan and the transfer was approved by the school board. Springer v. Williamson County Bd. of Educ., 906 S.W.2d 924, 1995 Tenn. App. LEXIS 293 (Tenn. Ct. App. 1995).

5. Effective Date of Transfer.

“Transfers” become effective upon the school board's approval of the superintendent's (now director of schools') recommendation, and the limited issue that may be asserted for judicial review would not “suspend” the transfer, as would be the case if judicial review were governed by T.C.A. § 49-5-513, covering “dismissals and suspensions.” Pullum v. Smallridge, 652 S.W.2d 338, 1983 Tenn. LEXIS 674 (Tenn. 1983).

School system's director's failure to transfer the assistance principal prior to May 15 did not render the transfer decision arbitrary or capricious because he did not know until after May 15 that the principal did not have the required licensure. Geller v. Henry Cty. Bd. of Educ., — S.W.3d —, 2020 Tenn. LEXIS 259 (Tenn. June 15, 2020).

6. Enjoining Transfers.

In action to enjoin action of school board in transferring teachers where facts alleged showed an arbitrary and capricious use of the power to transfer, board could properly be enjoined from making such transfers until there was proof or disproof of such allegations. State v. Yoakum, 201 Tenn. 180, 297 S.W.2d 635, 1956 Tenn. LEXIS 481 (1956).

7. Presumption That Transfer Reasonable.

When a teacher is transferred from one position to another, there is a presumption that such action by the superintendent (now director of schools) and school board is reasonable and fair and not arbitrary or capricious. Mitchell v. Garrett, 510 S.W.2d 894, 1974 Tenn. LEXIS 511 (Tenn. 1974).

8. Burden of Proof.

Where an employee's transfer was made upon concurrent action of the superintendent (now director of schools) and the board, employee bore the burden of proof to establish by a preponderance of the evidence that the transfer was arbitrary, capricious or improperly motivated. McKenna v. Sumner County Board of Education, 574 S.W.2d 527, 1978 Tenn. LEXIS 676 (Tenn. 1978).

9. Judicial Review.

An employee transferred pursuant to this section is entitled to be protected from arbitrary and capricious action or from transfers actuated by political or other improper motives. To this end the employee may bring a direct action in the courts to have determined the question of whether or not a transfer was made in accordance with the statutory requirements. Judicial review is limited to determining that question and must be conducted in light of the broad discretion which the statutes clearly give to the superintendent (now director of schools) and to the board. McKenna v. Sumner County Board of Education, 574 S.W.2d 527, 1978 Tenn. LEXIS 676 (Tenn. 1978).

Review of a case involving an administrative transfer of a tenured teacher pursuant to T.C.A. § 49-5-510 lies in the court of appeals under the general statutes governing appellate review, and will not lie in the supreme court unless a claim is asserted that tenured status has been affected or that the transferred teacher was entitled, as a matter of law, to statutory notice and a hearing. Hyde v. Bills, 696 S.W.2d 355, 1985 Tenn. LEXIS 545 (Tenn. 1985).

Former assistant principal, who was tenured, failed to show that the decision of the school system's director to transfer him to a teaching position was not made in good faith and was arbitrary, capricious, or improperly motivated because he lacked an administrator license as required by Tenn. Comp. R. & Regs. 0520-02-03-.02(6) (2009) and the director testified that his sole reason for transferring the principal was because he did not hold an administrator license. Geller v. Henry Cty. Bd. of Educ., — S.W.3d —, 2020 Tenn. LEXIS 259 (Tenn. June 15, 2020).

10. Pay Pending Appeal.

Principal seeking judicial review of the transfer to the position of a teacher at a lower salary is not entitled to full pay as a principal during the period of litigation challenging the transfer. Pullum v. Smallridge, 652 S.W.2d 338, 1983 Tenn. LEXIS 674 (Tenn. 1983).

11. Procedural Requirements.

The transfer of a tenured employee must be made with the concurrence of the superintendent of schools (now director of schools) and the board of education. When so made, it need not necessarily be preceded by formal written notice and a hearing, so long as it is made in good faith, in accordance with the criterion set forth in the statute — efficient operation of the school system. McKenna v. Sumner County Board of Education, 574 S.W.2d 527, 1978 Tenn. LEXIS 676 (Tenn. 1978).

Nothing in the text of this section calls for prior notice or a formal hearing, nor was it the legislative intent to make requisite the same procedural steps for transfers as were provided in subsequent sections for outright dismissal or suspension. McKenna v. Sumner County Board of Education, 574 S.W.2d 527, 1978 Tenn. LEXIS 676 (Tenn. 1978).

12. Powers of Board of Education.

The respective authority of the superintendent (now director of schools) and the board of education in cities organized under the Modified Manager-Council Charters is the same as that existing in county systems under the general law. White v. Banks, 614 S.W.2d 331, 1981 Tenn. LEXIS 419 (Tenn. 1981).

Within cities organized under Modified Manager-Council Charters, the city board of education has superior authority over the superintendent (now director of schools) in hiring, firing or transferring school personnel. White v. Banks, 614 S.W.2d 331, 1981 Tenn. LEXIS 419 (Tenn. 1981).

13. Powers of Director of Schools.

A superintendent (now director of schools) cannot arbitrarily withhold concurrence to a transfer of a teacher if it is necessary to the efficient operation of the school system. Humphreys County Bd. of Education v. Logan, 622 S.W.2d 553, 1981 Tenn. App. LEXIS 481 (Tenn. Ct. App. 1981).

Tennessee legislature, by the passage of the 1998 and 2002 amendments to T.C.A. § 49-2-301(f) (now T.C.A. §  49-2-301(b)) and T.C.A. § 49-5-510, confirmed the traditional powers of the board of education to establish policies and to negotiate the issue of teacher transfer on a local basis, as the subject of transfer may be addressed in the collective bargaining process, but only on a discretionary basis, and neither the county boards of education nor any local education association are compelled to address the subject; the supreme court of Tennessee therefore held that the director's authority to make transfers of tenured teachers within the system may be modified by board policy or by the locally negotiated agreement, as provided by statute. Lawrence County Educ. Ass'n v. Lawrence County Bd. of Educ., 244 S.W.3d 302, 2007 Tenn. LEXIS 1084 (Tenn. Dec. 20, 2007), rehearing denied, — S.W.3d —, 2008 Tenn. LEXIS 30 (Tenn. Jan. 30, 2008).

14. Supervisory and Administrative Personnel.

The legislative intent expressed in title 49, ch. 5, part 5 is that the dismissal or transfer of supervisors and administrators should be treated in the same manner as dismissals or transfers of teachers. White v. Banks, 614 S.W.2d 331, 1981 Tenn. LEXIS 419 (Tenn. 1981).

A shift from principal to teacher or vice versa, or from full-time principal to principal and teacher is to be viewed just as a transfer of a teacher from one type of work to another and is governed by the transfer provision of T.C.A. § 49-5-510. White v. Banks, 614 S.W.2d 331, 1981 Tenn. LEXIS 419 (Tenn. 1981).

Given the lack of investigation into whether a tenured teacher who was serving as an assistant principal was required by rule or regulation to obtain an administrator's license, the local director of schools had no substantial and material evidence upon which to conclude that a transfer was necessary to the efficient operation of the school system. Therefore, the director's decision to transfer the teacher without consideration of the timing of transfers or the teacher's stellar evaluations violated Tennessee State Board of Education policy. Geller v. Henry Cty. Bd. of Educ., — S.W.3d —, 2018 Tenn. App. LEXIS 602 (Tenn. Ct. App. Oct. 12, 2018).

15. Athletics Coaches.

Relieving a teacher/coach of coaching duties only is not a “dismissal or suspension” of a teacher, but is equivalent to a “transfer within the system” and is governed by T.C.A. § 49-5-510. White v. Banks, 614 S.W.2d 331, 1981 Tenn. LEXIS 419 (Tenn. 1981).

Coach was entitled to present a direct challenge under T.C.A. § 49-5-510(10) questioning the propriety of his transfer from a teacher with coaching responsibilities to a full-time teaching position. Lawrence County Educ. Ass'n v. Lawrence County Bd. of Educ., 244 S.W.3d 302, 2007 Tenn. LEXIS 1084 (Tenn. Dec. 20, 2007), rehearing denied, — S.W.3d —, 2008 Tenn. LEXIS 30 (Tenn. Jan. 30, 2008).

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

    1. No teacher shall be dismissed or suspended except as provided in this part.
    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. 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. 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. 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.
    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. The board shall give the teacher or nonlicensed employee written notice of dismissal explaining fully the circumstances or conditions making the dismissal necessary.
    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. The right to remain on the preferred list for employment shall remain in effect until:
      1. The teacher accepts a bona fide offer of reemployment for a comparable position within the LEA; or
      2. The teacher rejects four (4) bona fide offers of reemployment for comparable positions within the LEA.
    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. 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.

Acts 1951, ch. 76, §§ 2, 6, 7, 15 (Williams, §§ 2345.2, 2345.6, 2345.7, 2345.15); Acts 1955, ch. 343, § 2; T.C.A. (orig. ed.), §§ 49-1410, 49-1412 — 49-1415; Acts 1989, ch. 197, § 1; 1990, ch. 948, § 23; 1999, ch. 43, § 1; 2001, ch. 197, § 1; 2002, ch. 535, § 1; 2008, ch. 612, §§ 1-3; 2011, ch. 70, § 9; 2011, ch. 378, § 3; 2012, ch. 801, § 1; 2012, ch. 1012, § 1; 2013, ch. 369, § 1; 2014, ch. 684, § 1.

Compiler's Notes. Acts 2011, ch. 378, § 4 provided that nothing in the act shall be construed to abridge or impair a contract or agreement governing terms and conditions of professional service entered into by a board of education and a recognized professional employees' organization under the Education Professional Negotiations Act before June 1, 2011. Any such contract or agreement shall remain in full force and effect until the expiration of the contract or agreement.

Acts 2012, ch. 801, § 4 provided that the act, which amended subdivision (a)(2),  shall not operate so as to annul or modify any recognition entered into before April 23, 2012, between a board of education and a professional employees' organization until the termination of such agreement.  To the extent that the act is in conflict with an agreement entered into before April 23, 2012, between a board of education and a professional employees' organization, the agreement shall control suspensions for three (3) days or less of tenured teachers in the LEA.  Upon the termination of such existing agreement or if no conflict exists between the act and such existing agreement, this act shall control suspensions for three (3) days or less of tenured teachers in the LEA.

Cross-References.  Basic personnel requirements, § 49-5-101.

Employment of teachers dismissed because position is abolished, § 49-5-409.

Textbooks. Tennessee Jurisprudence, 22 Tenn. Juris., Schools, §§ 18-20.

Attorney General Opinions. Failure of reelection of nontenured teachers, OAG 97-123, 1997 Tenn. AG LEXIS 156 (9/02/97).

To dismiss an unsatisfactory employee, the director of schools does not have to file written charges with the school board; however, to dismiss an unsatisfactory tenured teacher, the director must file written charges with the school board, OAG 00-168, 2000 Tenn. AG LEXIS 171 (10/31/00).

The federal No Child Left Behind Act of 2001 does not affect rights of teachers under state law or collective bargaining agreements, OAG 04-004, 2004 Tenn. AG LEXIS 3 (1/12/04).

The Tennessee teacher-employment statutes governing permanent employment, layoffs, and dismissal or suspension of teachers do not violate a student's constitutional right to a free education. OAG 14-99, 2014 Tenn. AG LEXIS 102 (10/30/14).

NOTES TO DECISIONS

1. Constitutionality.

The mere fact that both investigative and adjudicative functions have been granted to an administrative body does not of itself create an unconstitutional risk of bias in an administrative adjudication. Cooper v. Williamson County Bd. of Educ., 803 S.W.2d 200, 1990 Tenn. LEXIS 323 (Tenn. 1990), cert. denied, 500 U.S. 916, 111 S. Ct. 2013, 114 L. Ed. 2d 100, 1991 U.S. LEXIS 2585 (1991).

2. Applicability.

A teacher whose contract was not renewed at the expiration of the probationary period had not acquired tenure status so as to be entitled to written notice and hearing. Shannon v. Board of Education, 199 Tenn. 250, 286 S.W.2d 571, 1955 Tenn. LEXIS 303 (1955).

Provisions of this section that no teacher should be dismissed or suspended without compliance with statutory provisions of this part was inapplicable to transfer within the system from administrative position of attendance teacher to position of classroom teacher. State ex rel. Pemberton v. Wilson, 481 S.W.2d 760, 1972 Tenn. LEXIS 348 (Tenn. 1972).

3. Change of Duties.

Where a teacher/coach having tenured status was relieved of duties as coach but retained as a teacher by the school board, without the approval of the superintendent of schools (now director of schools) and without formal charges having been presented or having been given a hearing, it was held that under applicable Tennessee law the teacher/coach had a legitimate claim of entitlement to continued employment as a teacher and as a coach, that summary dismissal constituted a denial of property rights without procedural due process under U.S. Const., amend. 14, § 1, that teacher/coach was entitled to compensatory damages therefor together with court costs (but not punitive damages or attorney's fees), and that the teacher/coach was not required to first exhaust state administrative and judicial remedies. Davis v. Barr, 373 F. Supp. 740, 1973 U.S. Dist. LEXIS 11139 (E.D. Tenn. 1973).

4. Written Charges.

Teachers with tenure could not be dismissed or demoted without written charges being brought against them. Gibson v. Butler, 484 S.W.2d 356, 1972 Tenn. LEXIS 375 (Tenn. 1972).

It was fundamental error for a school board to consider charges which were not specified in writing prior to the hearing. Turk v. Franklin Special School Dist., 640 S.W.2d 218, 1982 Tenn. LEXIS 434 (Tenn. 1982).

5. Sufficiency of Notice.

Notice to the teacher must be sufficient in substance and form to fairly apprise the teacher of the charge in order to prepare the defense in advance of the hearing. Potts v. Gibson, 225 Tenn. 321, 469 S.W.2d 130, 1971 Tenn. LEXIS 346 (1971).

In action by school teacher contending unjust dismissal by school board, court held that when school did not comply with notice provisions, teacher was entitled to salary. Wagner v. Elizabethton City Board of Education, 496 S.W.2d 468, 1973 Tenn. LEXIS 474 (Tenn. 1973).

Plaintiff teacher was not prejudiced by the failure of the school board to follow its rule regarding the issuance of written notice where the plaintiff had abundant notice, at least six months before the end of the school year, that the work was not satisfactory and that the problems would lead to the dismissal. Childs v. Roane County Bd. of Educ., 929 S.W.2d 364, 1996 Tenn. App. LEXIS 235 (Tenn. Ct. App. 1996), appeal denied, — S.W.2d —, 1996 Tenn. LEXIS 575 (Tenn. Sep. 9, 1996).

School board's comments that a tenured teacher was guilty of poor judgment, with a subsequent suspension imposed, did not satisfy the board's responsibility to make findings and reach a decision, giving written notice of the findings to the teacher within 10 days. Winkler v. Tipton County Bd. of Educ., 63 S.W.3d 376, 2001 Tenn. App. LEXIS 502 (Tenn. Ct. App. 2001).

Teacher's discharge was proper under T.C.A. § 49-5-511 because the notice of charges in the memorandum from the department of education director to the board, as supplemented by the interviews of the teacher, were sufficient to allow him to prepare his defense; further, the findings and decision were legally sufficient under T.C.A. § 49-5-512. Crosby v. Holt, 320 S.W.3d 805, 2009 Tenn. App. LEXIS 881 (Tenn. Ct. App. Dec. 28, 2009), appeal denied, — S.W.3d —, 2010 Tenn. LEXIS 705 (Tenn. Aug. 25, 2010).

6. Grounds Insufficient.

See notes under headings “Inefficiency” and “Insubordination,” T.C.A. § 49-5-501, Notes to Decisions.

It was improper for the board of education to dismiss a tenured teacher where the charge prompting the dismissal was that the superintendent (now director of schools) felt the instruction of the English department could be upgraded by employing other persons. Sanders v. Vinson, 558 S.W.2d 838, 1977 Tenn. LEXIS 665 (Tenn. 1977).

Reinstatement of teacher's employment was appropriate because although her conduct was inappropriate, her termination was not warranted under T.C.A. § 49-5-511(a)(2); teacher suffered from chronic depression, had taken steps to control it, and her doctor's appointment that was scheduled before the incidents in question was rescheduled due to a request from her superiors. Ripley v. Anderson County Bd. of Educ., 293 S.W.3d 154, 2008 Tenn. App. LEXIS 623 (Tenn. Ct. App. Oct. 15, 2008).

7. Procedural Requirements.

“Transfer” in T.C.A. § 49-5-510 was not intended to be synonymous with the terms “dismissal” and “suspension” used in this section and the following sections, and the same procedural steps, including formal written notice and a hearing, which are required for outright dismissal or suspension, are not required for transfers. McKenna v. Sumner County Board of Education, 574 S.W.2d 527, 1978 Tenn. LEXIS 676 (Tenn. 1978).

A teacher having permanent tenure can be dismissed from the school system only for specified reasons and, when these involve neglect of duty or other misconduct, only after written notice and a formal hearing. McKenna v. Sumner County Board of Education, 574 S.W.2d 527, 1978 Tenn. LEXIS 676 (Tenn. 1978).

Tenure cannot be acquired in the position of athletic director and coach, which is an assignment that falls within the same category as principal and other administrative and supervisory assignments, and there is no requirement of formal charges and a hearing prior to relieving a tenured teacher of that assignment. Warren v. Polk County Board of Education, 613 S.W.2d 222, 1981 Tenn. LEXIS 416 (Tenn. 1981).

8. —Due Process.

A teacher had a property right in the one-year employment contract. The contract created a legitimate expectation of entitlement, and the teacher could only be dismissed for causes stated in the contract. Therefore, the mid-term termination of the contract must be accompanied by due process. Kendall v. Board of Education, 627 F.2d 1, 1980 U.S. App. LEXIS 15758 (6th Cir. Tenn. 1980).

A nontenured teacher did not possess a property right in the renewal of the teaching contract, and due process need not attend the board's decision of nonrenewal. Kendall v. Board of Education, 627 F.2d 1, 1980 U.S. App. LEXIS 15758 (6th Cir. Tenn. 1980).

A probationary or nontenured teacher could be discharged without notice at the end of the contract term for any or no reason, as long as the reason was not constitutionally impermissible. Kendall v. Board of Education, 627 F.2d 1, 1980 U.S. App. LEXIS 15758 (6th Cir. Tenn. 1980).

A teacher who was terminated for cause, subsequently removed from a substitute teacher's list, and who was not rehired pursuant to a school board policy governing the rehiring of employees previously dismissed for cause did not prove the existence of a constitutionally protected property or liberty interest, and the requirements of procedural due process did not apply. Rowe v. Board of Educ., 938 S.W.2d 351, 1996 Tenn. LEXIS 713 (Tenn. 1996), cert. denied, 520 U.S. 1128, 117 S. Ct. 1271, 137 L. Ed. 2d 349, 1997 U.S. LEXIS 1823 (1997).

District court properly granted summary judgment in favor of a school board in a former teacher's 42 U.S.C. § 1983 action claiming that his termination violated due process rights under T.C.A. § 49-5-501 et seq.; the teacher was not entitled to the notice and hearing afforded tenured teachers because he had not attained tenure status. Pennycuff v. Fentress County Bd. of Educ., 404 F.3d 447, 2005 FED App. 0172P, 2005 FED App. 172P, 2005 U.S. App. LEXIS 5936 (6th Cir. Tenn. 2005), rehearing denied, — F.3d —, 2005 U.S. App. LEXIS 14536 (6th Cir. June 23, 2005).

Teacher's termination did not violate his due process rights because he was afforded all process due him under Tennessee law; he was given notice and was provided a hearing at which he was represented by counsel and presented evidence and witnesses. Brown v. Bd. of Educ., — F. Supp. 2d —, 2014 U.S. Dist. LEXIS 128645 (W.D. Tenn. Sept. 15, 2014), aff'd, Brown v. Shelby Cty. Bd. of Educ., — F.3d —, — FED App. —, 2016 U.S. App. LEXIS 23870 (6th Cir. Tenn. Apr. 26, 2016).

While it was not necessary for the district to give a specific date or to give extensive details about the October 26 incident, the district should have, at minimum, identified the inappropriate behavior strategy at issue; given this, and the fact that the district assured the teacher that the related video had nothing to do with the charges against her, evidence concerning the October 26 incident should not have been considered when deciding whether the teacher's actions constituted unprofessional conduct. Finney v. Franklin Special Sch. Dist. Bd. of Educ., 576 S.W.3d 663, 2018 Tenn. App. LEXIS 571 (Tenn. Ct. App. Sept. 28, 2018), appeal denied, — S.W.3d —, 2019 Tenn. LEXIS 118 (Tenn. Feb. 20, 2019).

Charging document did not identify a particular meeting by providing a date, the identity of the participants, or a general description; instead, the charging document merely alleged that the teacher had disrespectful interactions with other professionals, and this charge was too vague to allow the teacher to prepare a defense against this particular allegation. Due process requires the district to identify, more specifically, the actions or omissions at issue. Finney v. Franklin Special Sch. Dist. Bd. of Educ., 576 S.W.3d 663, 2018 Tenn. App. LEXIS 571 (Tenn. Ct. App. Sept. 28, 2018), appeal denied, — S.W.3d —, 2019 Tenn. LEXIS 118 (Tenn. Feb. 20, 2019).

Had plaintiff objected to the admission of the evidence at the hearing, the hearing officer would have admitted it nonetheless under the statute; plaintiff did not waive the due process issue by failing to object to the admission of the evidence at the hearing, plus she raised the issue in her pre-hearing memorandum and in her post-hearing memorandum, which the hearing officer requested prior to rendering his decision. Finney v. Franklin Special Sch. Dist. Bd. of Educ., 576 S.W.3d 663, 2018 Tenn. App. LEXIS 571 (Tenn. Ct. App. Sept. 28, 2018), appeal denied, — S.W.3d —, 2019 Tenn. LEXIS 118 (Tenn. Feb. 20, 2019).

9. —Preservation for Review.

Trial court properly upheld the teacher's dismissal on the ground of “inefficiency” because did not raise the issue that her post-traumatic stress disorder and paranoia contributed to her classroom issues, and did not object the board's failure to hold the hearing within the statutorily required 30 days or that she was prejudice by the delay. Emory v. Memphis City Sch. Bd. of Educ., 514 S.W.3d 129, 2017 Tenn. LEXIS 189 (Tenn. Jan. 13, 2017).

10. Powers of Board of Education.

See notes under T.C.A. § 49-5-510, Notes to Decisions, “Powers of Board of Education.”

11. Supervisory and Administrative Personnel.

See notes under T.C.A. § 49-5-510, Notes to Decisions, “Supervisory and Administrative Personnel.”

12. Athletics Coaches.

See notes under T.C.A. § 49-5-510, Notes to Decisions, “Athletics Coaches.”

13. Unprofessional Conduct.

Charge of “conduct unbecoming a teacher” was not vague or indefinite. Anderson v. Evans, 660 F.2d 153, 1981 U.S. App. LEXIS 18545 (6th Cir. Tenn. 1981).

Teacher's discharge was proper under T.C.A. § 49-5-511 because there was corroborating evidence from one student who testified that he saw the teacher and a student hugging and kissing at the teacher's residence in the back of his business, and there was other corroborating circumstantial evidence as well. Given the corroborating evidence, the testimony was admissible as substantive evidence of sexual activity between the teacher and the student and the teacher's argument that the hearsay was improper impeachment by inconsistent statements rang hollow, T.C.A. § 4-5-313(1). Crosby v. Holt, 320 S.W.3d 805, 2009 Tenn. App. LEXIS 881 (Tenn. Ct. App. Dec. 28, 2009), appeal denied, — S.W.3d —, 2010 Tenn. LEXIS 705 (Tenn. Aug. 25, 2010).

Teacher's conduct on March 24 was disrespectful to her colleague, but the chancellor did not determine that this incident, standing alone, constituted unprofessional conduct; rather, the court determined that the cumulative nature of her improper interactions with her students, and between her and her colleagues met the statutory burden to prove unprofessional conduct, and there was ample testimony to support this determination. Finney v. Franklin Special Sch. Dist. Bd. of Educ., 576 S.W.3d 663, 2018 Tenn. App. LEXIS 571 (Tenn. Ct. App. Sept. 28, 2018), appeal denied, — S.W.3d —, 2019 Tenn. LEXIS 118 (Tenn. Feb. 20, 2019).

District proved the ground of unprofessional conduct by the teacher, given the disturbing video footage of the physical struggle between the teacher and a special education student; the teacher's behavior was unbecoming a member of a profession in good standing, plus she violated the Teacher Code of Ethics. Finney v. Franklin Special Sch. Dist. Bd. of Educ., 576 S.W.3d 663, 2018 Tenn. App. LEXIS 571 (Tenn. Ct. App. Sept. 28, 2018), appeal denied, — S.W.3d —, 2019 Tenn. LEXIS 118 (Tenn. Feb. 20, 2019).

14. Hiring and Rehiring.

A determination of unfitness of a tenured teacher must be made by the school board and preferably placed in the minutes of their meetings before a nontenured teacher can be hired over a tenured teacher who has been dismissed because of the abolition of the position and who has been placed on a preferred list of reemployment. Randall v. Hankins, 675 S.W.2d 712, 1984 Tenn. App. LEXIS 2841 (Tenn. Ct. App. 1984), aff'd, 733 S.W.2d 871, 1987 Tenn. LEXIS 1067 (Tenn. 1987).

The legislature vested in the school board, and not the superintendent of schools (now director of schools), the duty to determine the fitness of a preferred list teacher. Randall v. Hankins, 675 S.W.2d 712, 1984 Tenn. App. LEXIS 2841 (Tenn. Ct. App. 1984), aff'd, 733 S.W.2d 871, 1987 Tenn. LEXIS 1067 (Tenn. 1987).

T.C.A. § 49-5-511 does not automatically require reinstatement in the first position for which former personnel have the necessary professional qualifications. It does provide that the board of education has authority to determine the fitness of the teacher for reemployment upon the basis of an evaluation by the board itself of the teacher's competence, compatibility and suitability to discharge properly the duties in the vacant position, taking into consideration the best interests of the students in the school where the vacancy exists. Randall v. Hankins, 733 S.W.2d 871, 1987 Tenn. LEXIS 1067 (Tenn. 1987).

Trial court erred in finding that a tenured teacher, whose position was abolished, was not entitled to preferential consideration for teaching positions that were to start after her tenure expired because she was sixty-five years of age; her right to preferential consideration vested prior to her tenure expiration date, which afforded her the right to be placed on and to remain on the preferred list for up to two years, until she refused a bona fide offer of reemployment for a comparable position or accepted a position and, as she had not refused such an offer, she was wrongfully denied reemployment. Lee v. Franklin Special Sch. Dist. Bd. of Educ., 237 S.W.3d 322, 2007 Tenn. App. LEXIS 133 (Tenn. Ct. App. Mar. 13, 2007), rehearing denied, — S.W.3d —, 2007 Tenn. App. LEXIS 196 (Tenn. Ct. App. Mar. 29, 2007), appeal denied, — S.W.3d —, 2007 Tenn. LEXIS 769 (Tenn. Aug. 20, 2007).

Since the school district never offered a tenured teacher, whose position had been abolished, a position of reemployment, the teacher did not refuse an offer, bona fide or otherwise; accordingly, she had the right to remain on the preferred list for reemployment for a minimum of two years pursuant to former language of T.C.A. § 49-5-511(b)(4)(B). Lee v. Franklin Special Sch. Dist. Bd. of Educ., 237 S.W.3d 322, 2007 Tenn. App. LEXIS 133 (Tenn. Ct. App. Mar. 13, 2007), rehearing denied, — S.W.3d —, 2007 Tenn. App. LEXIS 196 (Tenn. Ct. App. Mar. 29, 2007), appeal denied, — S.W.3d —, 2007 Tenn. LEXIS 769 (Tenn. Aug. 20, 2007).

Tenured teacher, whose job had been abolished, was wrongfully denied reemployment, because she was statutorily entitled to be offered reemployment for a position over another applicant that was not on a preferred list for reemployment, regardless of a principal's subjective views as to whether another applicant used more current teaching methods, new teaching curriculum, and methods of classroom discipline. Lee v. Franklin Special Sch. Dist. Bd. of Educ., 237 S.W.3d 322, 2007 Tenn. App. LEXIS 133 (Tenn. Ct. App. Mar. 13, 2007), rehearing denied, — S.W.3d —, 2007 Tenn. App. LEXIS 196 (Tenn. Ct. App. Mar. 29, 2007), appeal denied, — S.W.3d —, 2007 Tenn. LEXIS 769 (Tenn. Aug. 20, 2007).

School board's failure to evaluate a tenured teacher, whose position had been abolished, constituted a waiver of its right to do so, which was fatal to the school district's contention that the teacher was subjectively unqualified, incompatible, or unsuitable to hold one of the teaching positions for which she interviewed. Lee v. Franklin Special Sch. Dist. Bd. of Educ., 237 S.W.3d 322, 2007 Tenn. App. LEXIS 133 (Tenn. Ct. App. Mar. 13, 2007), rehearing denied, — S.W.3d —, 2007 Tenn. App. LEXIS 196 (Tenn. Ct. App. Mar. 29, 2007), appeal denied, — S.W.3d —, 2007 Tenn. LEXIS 769 (Tenn. Aug. 20, 2007).

Because a tenured teacher, whose position was eliminated, failed to create a dispute of fact concerning the need to reduce the number of teaching positions in the school district, the trial court acted properly by granting the motion for summary judgment to the school district on that issue. Lee v. Franklin Special Sch. Dist. Bd. of Educ., 237 S.W.3d 322, 2007 Tenn. App. LEXIS 133 (Tenn. Ct. App. Mar. 13, 2007), rehearing denied, — S.W.3d —, 2007 Tenn. App. LEXIS 196 (Tenn. Ct. App. Mar. 29, 2007), appeal denied, — S.W.3d —, 2007 Tenn. LEXIS 769 (Tenn. Aug. 20, 2007).

Term “shall” in T.C.A. § 49-5-511(b)(3) is mandatory, and since a tenured teacher made a timely request to be placed on the preferred list for reemployment, the school district was under a statutory duty to immediately place her on the list, because she was entitled to preference for the first vacancy for which she was qualified; moreover, once she was on the preferred list for reemployment, she had the additional right to remain on the list for employment until she refused a bona fide offer of reemployment for a comparable position, which she had not done. Lee v. Franklin Special Sch. Dist. Bd. of Educ., 237 S.W.3d 322, 2007 Tenn. App. LEXIS 133 (Tenn. Ct. App. Mar. 13, 2007), rehearing denied, — S.W.3d —, 2007 Tenn. App. LEXIS 196 (Tenn. Ct. App. Mar. 29, 2007), appeal denied, — S.W.3d —, 2007 Tenn. LEXIS 769 (Tenn. Aug. 20, 2007).

15. Back Pay.

A suspended tenured teacher, if vindicated or reinstated, is entitled to full salary for the period of suspension without any setoff for the amount that was earned during the period of suspension. Jones v. Brown, 727 S.W.2d 497, 1987 Tenn. LEXIS 891 (Tenn. 1987); Bates v. Deal, 728 S.W.2d 326, 1987 Tenn. LEXIS 1060 (Tenn. 1987).

Teacher was entitled to recover his salary for prior school years; however, under the plain language of T.C.A. § 49-5-511, he was not entitled to recover for career ladder benefits, vacation days, sick days, retirement contribution, or social security contribution. Mumford v. Bd. of Educ., 173 S.W.3d 452, 2004 Tenn. App. LEXIS 696 (Tenn. Ct. App. 2004), appeal denied, Mumford v. Bd. of Educ. of Memphis, — S.W.3d —, 2005 Tenn. LEXIS 276 (Tenn. Mar. 21, 2005).

If a teacher is vindicated or reinstated, the teacher shall be paid the full salary for the period during which the teacher was suspended, and the fact that the legislature did not include any such remedy for tenured faculty at the college or university level in T.C.A. § 49-8-304 speaks to the issue; had the legislature intended for a wrongfully terminated college or university professor to receive monetary damages, the statute should have included that provision. Wells v. Tenn. Bd. of Regents, 231 S.W.3d 912, 2007 Tenn. LEXIS 647 (Tenn. Aug. 17, 2007), cert. denied, 169 L. Ed. 2d 732, 128 S. Ct. 928, 552 U.S. 1101, 2008 U.S. LEXIS 50 (U.S. 2008).

Teacher was entitled to “full salary” without offset for monies the teacher earned or could have earned, as the Board of Education chose not to reinstate the teacher in response to letters from the Tennessee Education Association's attorney or an order of the trial court, which would have limited the board's liability. Thompson v. Memphis City Schs. Bd. of Educ., 395 S.W.3d 616, 2012 Tenn. LEXIS 933 (Tenn. Dec. 21, 2012).

County board of school commissioners violated the teachers' rights under the Establishment Clause of the United States Constitution when it contracted with a third party to provide alternative school education for the district because a reasonable observer would see the board's decision to contract with the third party, a self-proclaimed religious institution, conveyed a message of religious endorsement, running afoul of the Establishment Clause; the teachers were entitled to their full salaries for the school year, without offset for money the teachers earned or could have earned in other employment. Kucera v. Jefferson County Bd. of Sch. Comm'rs, 956 F. Supp. 2d 842,  2013 U.S. Dist. LEXIS 95108 (E.D. Tenn. July 9, 2013), vacated, Smith v. Jefferson Cnty. Bd. of Sch. Comm'rs, 788 F.3d 580, 2015 FED App. 119P (6th Cir.), 2015 U.S. App. LEXIS 9735 (6th Cir. Tenn. 2015).

16. Dismissal Warranted.

Where the charges reflect adversely on party's ability to subject to the authority of superiors, and on the ability to perform work assignments in an efficient and competent manner, the charges properly can and should be the bases of dismissal, both as a principal and as a teacher. Cooper v. Williamson County Bd. of Educ., 803 S.W.2d 200, 1990 Tenn. LEXIS 323 (Tenn. 1990), cert. denied, 500 U.S. 916, 111 S. Ct. 2013, 114 L. Ed. 2d 100, 1991 U.S. LEXIS 2585 (1991).

Charges proven showed insubordination, neglect of duty, incompetency, and inefficiency on the part of tenured high school principal, and warranted dismissal. Cooper v. Williamson County Bd. of Educ., 803 S.W.2d 200, 1990 Tenn. LEXIS 323 (Tenn. 1990), cert. denied, 500 U.S. 916, 111 S. Ct. 2013, 114 L. Ed. 2d 100, 1991 U.S. LEXIS 2585 (1991).

Dismissed teacher's concerns that the school board had predetermined the case before any formal charges were ever filed were valid, where, in the course of their daily duties, school board members were privy to information about cases that might reach them in an official dismissal proceeding. These concerns, however, did not justify the teacher's reinstatement, as to hold otherwise would mean that any prior, ill-conceived actions by the school board would prevent it from initiating dismissal proceedings against the teacher, regardless of how meritorious the charges might be. Van Hooser v. Warren County Bd. of Educ., 807 S.W.2d 230, 1991 Tenn. LEXIS 24 (Tenn. 1991), rehearing denied, — S.W.2d —, 1991 Tenn. LEXIS 146 (Tenn. Apr. 8, 1991).

Teacher was guilty of unprofessional conduct warranting dismissal where the teacher repeatedly invited and permitted students to sleep with the teacher and engage in intimate activity. Morris v. Clarksville-Montgomery County Consol. Bd. of Educ., 867 S.W.2d 324, 1993 Tenn. App. LEXIS 511 (Tenn. Ct. App. 1993).

Teacher violated her corrective action plan by interacting with a colleague in an unprofessional manner, and later, she failed to follow district, state and federal procedures by using an improper restraint, plus she refused to follow a student's behavior support plan; dismissal was warranted. Finney v. Franklin Special Sch. Dist. Bd. of Educ., 576 S.W.3d 663, 2018 Tenn. App. LEXIS 571 (Tenn. Ct. App. Sept. 28, 2018), appeal denied, — S.W.3d —, 2019 Tenn. LEXIS 118 (Tenn. Feb. 20, 2019).

Chancery court properly affirmed a board of education's decision to terminate a tenured teacher on the basis of inefficiency and incompetence because, despite his 18 years of teaching experience, the record was replete with instances of the teacher's classroom management issues and his students'  misbehavior, his “lack of power” was evidenced by the fact that he had to use a whistle to bring the classroom back to order, and he required extraordinary assistance from school administrators. Harper v. Shelby Cty. Schs, — S.W.3d —, 2019 Tenn. App. LEXIS 165 (Tenn. Ct. App. Apr. 1, 2019).

17. Findings Insufficient.

Without a finding of guilt, it was impossible to determine whether the school board found a tenured teacher guilty of unprofessional conduct charges or whether the teacher's misdeed was the exercise of poor judgment, which, although it could have been descriptive of other behavior, was not an enumerated basis for suspension or dismissal of a tenured teacher. Winkler v. Tipton County Bd. of Educ., 63 S.W.3d 376, 2001 Tenn. App. LEXIS 502 (Tenn. Ct. App. 2001).

Chancery court erred in affirming the board's decision to terminate a tenured teacher on the basis of neglect of duty because there was no evidence that he was tardy 35 times in one year, he never received warnings regarding his alleged tardiness, his failure to submit his leave-extension paperwork in a timely manner occurred three years before the charges were brought against him, and he was not given an opportunity to make up a teacher professional development course. Harper v. Shelby Cty. Schs, — S.W.3d —, 2019 Tenn. App. LEXIS 165 (Tenn. Ct. App. Apr. 1, 2019).

18. Remedy When Summarily Terminated.

Where a tenured teacher's employment is summarily terminated in violation of the Tennessee Teacher Tenure Act, T.C.A. §§ 49-5-501 to 49-5-515, T.C.A. 49-5-511(a)(3) provides the appropriate remedy. Thompson v. Memphis City Schs. Bd. of Educ., 395 S.W.3d 616, 2012 Tenn. LEXIS 933 (Tenn. Dec. 21, 2012).

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

  1. 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. The teacher shall give written notice to the director of schools of the teacher's request for a hearing;
    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. 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. 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. 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. The impartial hearing officer shall administer oaths to witnesses, who testify under oath;
    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. 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. 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.
  2. 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.
    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. 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. 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.
    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. 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).
  3. 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. 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. 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. The meeting shall be recorded by the director of schools, and a copy shall be provided to the teacher upon request;
    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
    5. The teacher, if dissatisfied with the decision of the director, may pursue appeal of the director's decision pursuant to § 49-5-513.

Acts 1951, ch. 76, § 16 (Williams, § 2345.16); Acts 1972, ch. 588, § 1; T.C.A. (orig. ed.), § 49-1416; Acts 1992, ch. 535, § 83; 2007, ch. 491, § 1; 2009, ch. 353, § 1; 2009, ch. 360, § 1; 2010 (1st Ex. Sess.), ch. 2, § 13; 2010, ch. 925, § 1; 2012, ch. 801, § 2; 2013, ch. 214, § 3; 2014, ch. 891, §§ 1, 2.

Compiler's Notes. Acts 2010 (1st Ex. Sess.), ch. 2, § 1 provided that the act shall be known and may be cited as the “Tennessee First to the Top Act of 2010.”

Acts 2012, ch. 801, § 4 provided that the act, which added subsection (d), shall not operate so as to annul or modify any recognition entered into before April 23, 2012, between a board of education and a professional employees' organization until the termination of such agreement.  To the extent that the act is in conflict with an agreement entered into before April 23, 2012, between a board of education and a professional employees' organization, the agreement shall control suspensions for three (3) days or less of tenured teachers in the LEA.  Upon the termination of such existing agreement or if no conflict exists between the act and such existing agreement, the act shall control suspensions for three (3) days or less of tenured teachers in the LEA.

Cross-References. Fees and mileage of witnesses, § 24-4-101.

Textbooks. Tennessee Jurisprudence, 20 Tenn. Juris., Notice, § 4; 22 Tenn. Juris., Schools, §§ 8, 19, 20.

Attorney General Opinions. Provisions permitting private hearings inoperative, OAG 98-111, 1998 Tenn. AG LEXIS 111 (6/11/98).

Hearings under this section subject to Open Meetings Act, OAG 98-111, 1998 Tenn. AG LEXIS 111 (6/12/98).

The Tennessee teacher-employment statutes governing permanent employment, layoffs, and dismissal or suspension of teachers do not violate a student's constitutional right to a free education. OAG 14-99, 2014 Tenn. AG LEXIS 102 (10/30/14).

NOTES TO DECISIONS

1. Appeal.

Except in the clearest case of a material disregard by the board of the procedural requirements of the statute or a showing of prejudice, where a trial de novo has been had in which the teacher appeared and fully participated the appellate court will not interfere with the action of the board on procedural grounds. Potts v. Gibson, 225 Tenn. 321, 469 S.W.2d 130, 1971 Tenn. LEXIS 346 (1971).

Failure of the school board to give the teacher written notice of its decision did not prejudice the teacher in the ability to file a petition stating the issues involved and seeking de novo review in the chancery court. Davis v. Barr, 646 S.W.2d 914, 1983 Tenn. LEXIS 623 (Tenn. 1983).

Teacher's argument that her termination had to be set aside because the school board failed to hold her hearing within 30 days, as required under T.C.A. § 49-5-512(a)(2) was not properly before the appellate court because the teacher failed to raise the timeliness objection either before or during the board hearing. Emory v. Memphis City Sch. Bd. of Educ., — S.W.3d —, 2017 Tenn. LEXIS 5 (Tenn. Jan. 13, 2017), substituted opinion, 514 S.W.3d 129, 2017 Tenn. LEXIS 189 (Tenn. Jan. 13, 2017).

Although the chancellor stated that he deferred to the credibility findings of the hearing officer, this error did not entitle plaintiff to relief, as the chancellor made his own, independent determinations regarding the persuasiveness of evidence or credibility of other witnesses based on the record before him, and the error did not affect the judgment or result in prejudice to plaintiff. Finney v. Franklin Special Sch. Dist. Bd. of Educ., 576 S.W.3d 663, 2018 Tenn. App. LEXIS 571 (Tenn. Ct. App. Sept. 28, 2018), appeal denied, — S.W.3d —, 2019 Tenn. LEXIS 118 (Tenn. Feb. 20, 2019).

Although the chancellor erroneously deferred to some of the findings by the hearing officer, the record revealed that the chancellor conducted an independent review of substantial and material evidence and came to his own conclusions, which was proper. Finney v. Franklin Special Sch. Dist. Bd. of Educ., 576 S.W.3d 663, 2018 Tenn. App. LEXIS 571 (Tenn. Ct. App. Sept. 28, 2018), appeal denied, — S.W.3d —, 2019 Tenn. LEXIS 118 (Tenn. Feb. 20, 2019).

2. Teachers With Tenure.

Teachers with tenure were entitled to an opportunity to be heard by the board before being dismissed or demoted. Gibson v. Butler, 484 S.W.2d 356, 1972 Tenn. LEXIS 375 (Tenn. 1972).

Where a teacher/coach having tenured status was relieved of the duties as coach but retained as a teacher by the school board, without the approval of the superintendent of schools (now director of schools) and without formal charges having been presented or his having been given a hearing, it was held that under applicable Tennessee law the teacher/coach had a legitimate claim of entitlement to continue employment as a teacher and as a coach, that his summary dismissal constituted a denial of property rights without procedural due process under U.S. Const. amend. 14, § 1, that the teacher/coach was entitled to compensatory damages therefor together with court costs (but not punitive damages or attorney's fees), and that the teacher/coach was not required to first exhaust state administrative and judicial remedies. Davis v. Barr, 373 F. Supp. 740, 1973 U.S. Dist. LEXIS 11139 (E.D. Tenn. 1973).

Tenure cannot be acquired in the position of athletic director and coach, which is an assignment that falls within the same category as principal and other administrative and supervisory assignments, and there is no requirement of formal charges and a hearing prior to relieving a tenured teacher of that assignment. Warren v. Polk County Board of Education, 613 S.W.2d 222, 1981 Tenn. LEXIS 416 (Tenn. 1981).

Teacher failed to show that his tenure hearing was untimely, as there were no statutory time requirements, and the teacher's claim that the hearing officer had served in that capacity for several other teachers did not establish that the hearing officer was not impartial. Brown v. Bd. of Educ., — F. Supp. 2d —, 2014 U.S. Dist. LEXIS 128645 (W.D. Tenn. Sept. 15, 2014), aff'd, Brown v. Shelby Cty. Bd. of Educ., — F.3d —, — FED App. —, 2016 U.S. App. LEXIS 23870 (6th Cir. Tenn. Apr. 26, 2016).

3. Sufficiency of Hearing.

Where a teacher requested a formal hearing before the board of education regarding a dismissal action and received an informal conference instead, and the next day was offered part-time employment by letter, such a letter did not constitute charges, and a hearing was not held in conformance with this section, thus amounting to a denial of due process. State ex rel. Chapdelaine v. Torrence, 532 S.W.2d 542, 1975 Tenn. LEXIS 612 (Tenn. 1975).

The meeting of the metropolitan board of education in executive session pursuant to this section, during which plaintiff's employment as a teacher was terminated, was void because it violated § 8-44-101. Dorrier v. Dark, 537 S.W.2d 888, 1976 Tenn. LEXIS 618 (Tenn. 1976), rehearing denied, 540 S.W.2d 658, 1976 Tenn. LEXIS 566 (Tenn. 1976).

Being heard in proceedings before the board of education was adequate to safeguard the right of due process of a teacher who was being terminated. Booher v. Hogans, 468 F. Supp. 28, 1978 U.S. Dist. LEXIS 19186 (E.D. Tenn. 1978), aff'd without opinion, 588 F.2d 830, 1978 U.S. App. LEXIS 7978 (6th Cir. 1978).

Teacher's discharge was proper under T.C.A. § 49-5-511 because the notice of charges in the memorandum from the department of education director to the board, as supplemented by the interviews of the teacher, were sufficient to allow him to prepare his defense; further, the findings and decision were legally sufficient under T.C.A. § 49-5-512. Crosby v. Holt, 320 S.W.3d 805, 2009 Tenn. App. LEXIS 881 (Tenn. Ct. App. Dec. 28, 2009), appeal denied, — S.W.3d —, 2010 Tenn. LEXIS 705 (Tenn. Aug. 25, 2010).

In a teacher's action against a school board under the Teacher Tenure Act, T.C.A. § 49-5-501 et seq., where the teacher was not afforded the protections of notice of the charges and a tenure hearing prior to the termination of her employment, summary judgment was not appropriate on the issues of back pay and compensatory damages because there was no record for the chancellor to review. Thompson v. Memphis City Schs. Bd. of Educ., — S.W.3d —, 2012 Tenn. App. LEXIS 39 (Tenn. Ct. App. Jan. 18, 2012), modified, 395 S.W.3d 616, 2012 Tenn. LEXIS 933 (Tenn. Dec. 21, 2012).

Teacher's termination did not violate his due process rights because he was afforded all process due him under Tennessee law; he was given notice and was provided a hearing at which he was represented by counsel and presented evidence and witnesses. Brown v. Bd. of Educ., — F. Supp. 2d —, 2014 U.S. Dist. LEXIS 128645 (W.D. Tenn. Sept. 15, 2014), aff'd, Brown v. Shelby Cty. Bd. of Educ., — F.3d —, — FED App. —, 2016 U.S. App. LEXIS 23870 (6th Cir. Tenn. Apr. 26, 2016).

4. Preservation for Review.

Trial court properly upheld the teacher's dismissal on the ground of “inefficiency” because did not raise the issue that her post-traumatic stress disorder and paranoia contributed to her classroom issues, and did not object the board's failure to hold the hearing within the statutorily required 30 days or that she was prejudice by the delay. Emory v. Memphis City Sch. Bd. of Educ., 514 S.W.3d 129, 2017 Tenn. LEXIS 189 (Tenn. Jan. 13, 2017).

Neither the teacher nor the board raised the issue of incompetence; accordingly, the ground of incompetence was beyond the scope of the pleadings, and the trial court's determination that the ground of incompetence was proven was reversed. Finney v. Franklin Special Sch. Dist. Bd. of Educ., 576 S.W.3d 663, 2018 Tenn. App. LEXIS 571 (Tenn. Ct. App. Sept. 28, 2018), appeal denied, — S.W.3d —, 2019 Tenn. LEXIS 118 (Tenn. Feb. 20, 2019).

5. Notice.

The provisions of this section are not effectuated unless a teacher receives notice of charges sufficient to warrant dismissal, and where the teacher received notice of no valid charges, the teacher was not required legally to demand a hearing. Sanders v. Vinson, 558 S.W.2d 838, 1977 Tenn. LEXIS 665 (Tenn. 1977).

Teacher received a three-day suspension for the May 11, 2015 incident, and thus this incident could not serve as a ground for dismissal; however, her behavior that day was relevant because she was subject to a corrective action plan when it occurred, and the evidence supported a finding that the teacher illegally restrained a special education student. Finney v. Franklin Special Sch. Dist. Bd. of Educ., 576 S.W.3d 663, 2018 Tenn. App. LEXIS 571 (Tenn. Ct. App. Sept. 28, 2018), appeal denied, — S.W.3d —, 2019 Tenn. LEXIS 118 (Tenn. Feb. 20, 2019).

6. Duty of Going Forward.

The proper procedure at a school board hearing is to place the duty of first going forward on the person preferring the charges against a tenured teacher, the burden of proof being upon the teacher who prefers charges. Williams v. Pittard, 604 S.W.2d 845, 1980 Tenn. LEXIS 494 (Tenn. 1980).

7. Burden of Proof.

The burden of proof is upon the party who prefers charges. Williams v. Pittard, 604 S.W.2d 845, 1980 Tenn. LEXIS 494 (Tenn. 1980).

The burden of proof to establish by a preponderance of the evidence that the action of the board in relieving the party of the duties of athletic director and coach was arbitrary, capricious or improperly motivated was on the teacher. Warren v. Polk County Board of Education, 613 S.W.2d 222, 1981 Tenn. LEXIS 416 (Tenn. 1981).

8. Suit for Libel.

A suit for libel based on statements and charges made in proceedings for dismissal of teacher was properly dismissed as to the superintendent, assistant superintendent for personnel services, director of certified personnel, and principals of schools since they were protected from personal liability by T.C.A. § 49-5-512(b). Jacox v. Memphis City Board of Education, 604 S.W.2d 872, 1980 Tenn. App. LEXIS 377 (Tenn. Ct. App. 1980), cert. denied, 449 U.S. 1114, 101 S. Ct. 927, 66 L. Ed. 2d 844, 1981 U.S. LEXIS 574 (1981).

9. Immunity.

The general assembly intended T.C.A. § 49-5-512(b) to be a grant of absolute immunity within the narrow scope of title 49, ch. 5, part 5. Buckner v. Carlton, 623 S.W.2d 102, 1981 Tenn. App. LEXIS 543 (Tenn. Ct. App. 1981).

10. —Scope.

An assistant principal at a school where the principal is under investigation is entitled to the same immunity as that enjoyed by school principals and other school officials under T.C.A. § 49-5-512(b). Buckner v. Carlton, 623 S.W.2d 102, 1981 Tenn. App. LEXIS 543 (Tenn. Ct. App. 1981).

Teacher claimed that the director of schools'  alleged libelous statement on her final report was not part of her duties covered under the statute because, at that point, she was no longer seeking his termination from employment; however, it was the duty of the State Board, not the local school system, to determine whether a teacher's license should be revoked, and because the director's reporting duties were part of the prosecutorial functions of her job, the teacher's claim lacked merit. Padgett v. Clarksville-Montgomery Cty. Sch. Sys., — S.W.3d —, 2018 Tenn. App. LEXIS 657 (Tenn. Ct. App. Nov. 9, 2018).

Teacher Tenure Act provision specifically addresses the immunity of school officials involved in investigating and prosecuting school employees alleged to be guilty of misconduct, and this provision governs over the more general immunity provisions of the Government Tort Liability Act. Padgett v. Clarksville-Montgomery Cty. Sch. Sys., — S.W.3d —, 2018 Tenn. App. LEXIS 657 (Tenn. Ct. App. Nov. 9, 2018).

11. Guilty Plea Pursuant to Diversion Agreement.

The evidentiary protections of the expungement statute, T.C.A. § 40-35-313, are inapposite where school board relied on information that was developed well in advance of the expungement order and none of the sources constituted an “official record” within the definition of § 40-35-313Canipe v. Memphis City Schs. Bd. of Educ., 27 S.W.3d 919, 2000 Tenn. LEXIS 548 (Tenn. 2000).

12. Remedies.

Award of partial back pay to a tenured teacher who was terminated was reversed where T.C.A. § 49-5-512(a)(2) carried no specific penalty for noncompliance, and thus, the relief was without basis in the Teacher's Tenure Act, T.C.A. § 49-5-501 et seq.Emory v. Memphis City Sch. Bd. of Educ., — S.W.3d —, 2017 Tenn. LEXIS 5 (Tenn. Jan. 13, 2017), substituted opinion, 514 S.W.3d 129, 2017 Tenn. LEXIS 189 (Tenn. Jan. 13, 2017).

Appellate court erred in awarding partial back pay to a terminated tenured teacher because, while the court found that the statutory timely hearing requirement was directory rather than mandatory and that some sanction was necessary, the relief ordered had no basis in the Teachers'  Tenure Act, and the court did not address whether there was substantial compliance with the statute. Emory v. Memphis City Sch. Bd. of Educ., 514 S.W.3d 129, 2017 Tenn. LEXIS 189 (Tenn. Jan. 13, 2017).

13. Evidence.

Had plaintiff objected to the admission of the evidence at the hearing, the hearing officer would have admitted it nonetheless under the statute; plaintiff did not waive the due process issue by failing to object to the admission of the evidence at the hearing, plus she raised the issue in her pre-hearing memorandum and in her post-hearing memorandum, which the hearing officer requested prior to rendering his decision. Finney v. Franklin Special Sch. Dist. Bd. of Educ., 576 S.W.3d 663, 2018 Tenn. App. LEXIS 571 (Tenn. Ct. App. Sept. 28, 2018), appeal denied, — S.W.3d —, 2019 Tenn. LEXIS 118 (Tenn. Feb. 20, 2019).

While it was not necessary for the district to give a specific date or to give extensive details about the October 26 incident, the district should have, at minimum, identified the inappropriate behavior strategy at issue; given this, and the fact that the district assured the teacher that the related video had nothing to do with the charges against her, evidence concerning the October 26 incident should not have been considered when deciding whether the teacher's actions constituted unprofessional conduct. Finney v. Franklin Special Sch. Dist. Bd. of Educ., 576 S.W.3d 663, 2018 Tenn. App. LEXIS 571 (Tenn. Ct. App. Sept. 28, 2018), appeal denied, — S.W.3d —, 2019 Tenn. LEXIS 118 (Tenn. Feb. 20, 2019).

Charging document did not identify a particular meeting by providing a date, the identity of the participants, or a general description; instead, the charging document merely alleged that the teacher had disrespectful interactions with other professionals, and this charge was too vague to allow the teacher to prepare a defense against this particular allegation. Due process requires the district to identify, more specifically, the actions or omissions at issue. Finney v. Franklin Special Sch. Dist. Bd. of Educ., 576 S.W.3d 663, 2018 Tenn. App. LEXIS 571 (Tenn. Ct. App. Sept. 28, 2018), appeal denied, — S.W.3d —, 2019 Tenn. LEXIS 118 (Tenn. Feb. 20, 2019).

49-5-513. Judicial review.

  1. 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.
  2. 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.
  3. The petitioner shall give bond for costs as in other chancery suits or oaths of paupers in lieu.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. The chancellor shall reduce the chancellor's findings of fact and conclusions of law to writing and make them parts of the record.
  9. 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.

Acts 1951, ch. 76, § 17 (Williams, § 2345.17); Acts 1981, ch. 449, § 2; T.C.A. (orig. ed.), § 49-1417; Acts 1992, ch. 535, § 83; 1992, ch. 952, § 6; 2012, ch. 801, § 3.

Compiler's Notes. This section may be affected by T.R.A.P. 3(d) and 6.

Acts 1992, ch. 952, § 15 provided that the amendments by that act apply to all matters as to which a notice of appeal is filed from and after May 1, 1992.

Acts 2012, ch. 801, § 4 provided that the act, which amended subsection (a), shall not operate so as to annul or modify any recognition entered into before April 23, 2012, between a board of education and a professional employees' organization until the termination of such agreement.  To the extent that the act is in conflict with an agreement entered into before April 23, 2012, between a board of education and a professional employees' organization, the agreement shall control suspensions for three (3) days or less of tenured teachers in the LEA.  Upon the termination of such existing agreement or if no conflict exists between the act and such existing agreement, the act shall control suspensions for three (3) days or less of tenured teachers in the LEA.

Cross-References. Certified mail in lieu of registered mail, § 1-3-111.

Textbooks. Tennessee Jurisprudence, 20 Tenn. Juris., Notice, § 4; 22 Tenn. Juris., Schools, §§ 15, 19.

Law Reviews.

Judicial Review under the Tennessee Uniform Administrative Procedures Act — An Update (Ben H. Cantrell), 13 Mem. St. U.L. Rev. 589 (1984).

NOTES TO DECISIONS

1. Right to Review.

Where a teacher has not acquired tenure status, the right to judicial review of any action of the board in not re-employing the teacher is not authorized by law. Shannon v. Board of Education, 199 Tenn. 250, 286 S.W.2d 571, 1955 Tenn. LEXIS 303 (1955).

Although suits for mandamus are appropriate under proper circumstances for obtaining relief under this part, procedure under this section whereby high school principal and assistant principal sought to enjoin board of education and members from dismissing them or transferring them to lower paying jobs without giving reasons was properly available to them. Blair v. Mayo, 224 Tenn. 108, 450 S.W.2d 582, 1970 Tenn. LEXIS 304 (1970).

Action of teacher with tenure challenging action of board of education in transferring the teacher from position of principal of high school to position of principal of elementary school entitled the teacher to de novo review of board's action. Potts v. Gibson, 225 Tenn. 321, 469 S.W.2d 130, 1971 Tenn. LEXIS 346 (1971).

An action brought under this section, while a suit against the state, is not barred by sovereign immunity as this section gives the chancery court jurisdiction of actions brought by tenured teachers to review their dismissal. State ex rel. Chapdelaine v. Torrence, 532 S.W.2d 542, 1975 Tenn. LEXIS 612 (Tenn. 1975).

2. Review of Arbitrary Action.

Board could be properly enjoined from transferring teachers until there was proof or disproof of matters alleged where facts alleged showed an arbitrary and capricious use of the power to transfer, and it was not necessary for teachers to exhaust administrative procedures as a prerequisite to jurisdiction of chancery court to review action of board since board had already acted and to require such administrative procedure in these circumstances would have been useless. State v. Yoakum, 201 Tenn. 180, 297 S.W.2d 635, 1956 Tenn. LEXIS 481 (1956).

Where high school principal and assistant principal were summarily demoted by board of education from positions they had held for years to lower paying positions without being given any reason for the demotions, such action amounted to dismissal from their existing positions and violated their rights under this part, and principal and assistant principal were entitled to maintain suit to enjoin action of board without further effort to obtain administrative hearing since requiring exhaustion of administrative remedy would be a useless act. Blair v. Mayo, 224 Tenn. 108, 450 S.W.2d 582, 1970 Tenn. LEXIS 304 (1970).

Language in the 1992 amendments to the Teachers'  Tenure Act, T.C.A. § 49-5-501 et seq., clearly indicates that the legislature intended to establish the common law writ of certiorari as the standard of judicial review of the school board's decision to dismiss a tenured teacher. The Supreme Court of Tennessee has described the standard of review under the common law writ of certiorari: Generally, under common law certiorari, the scope of review is limited to the record to determine as a question of law whether there is any material evidence to support the agency's findings. However, new evidence is admissible on the issue of whether the administrative body exceeded its jurisdiction or acted illegally, capriciously, or arbitrarily. Emory v. Memphis City Sch. Bd. of Educ., — S.W.3d —, 2017 Tenn. LEXIS 5 (Tenn. Jan. 13, 2017), substituted opinion, 514 S.W.3d 129, 2017 Tenn. LEXIS 189 (Tenn. Jan. 13, 2017).

3. Nature of Review.

Review of decree of chancery court in supreme court is de novo accompanied by presumption of correctness of decree unless the evidence preponderates against findings upon which decree is based. Potts v. Gibson, 225 Tenn. 321, 469 S.W.2d 130, 1971 Tenn. LEXIS 346 (1971).

Review of a case involving an administrative transfer of a tenured teacher pursuant to T.C.A. § 49-5-510 lies in the court of appeals under the general statutes governing appellate review, and will not lie in the supreme court unless a claim is asserted that tenured status has been affected or that the transferred teacher was entitled, as a matter of law, to statutory notice and a hearing. Hyde v. Bills, 696 S.W.2d 355, 1985 Tenn. LEXIS 545 (Tenn. 1985).

Since the hearing in chancery court is de novo and no presumption of correctness attaches to the board's decision, the burden remains on the party that bore it before the board, but the order of proof is shifted under T.C.A. § 49-5-513 to the party filing the petition for review because that party is challenging the validity of the administrative decision, the existence of which is clearly presumed by the terms of T.C.A. § 49-5-513. Cooper v. Williamson County Bd. of Educ., 746 S.W.2d 176, 1987 Tenn. LEXIS 1031 (Tenn. 1987).

T.C.A. § 49-5-513 clearly contemplates that the chancellor afford the plaintiff a hearing de novo as if the chancery court were making the initial determination of the status of the teacher. Cooper v. Williamson County Bd. of Educ., 746 S.W.2d 176, 1987 Tenn. LEXIS 1031 (Tenn. 1987).

No conflict exists between the concept of a hearing de novo in this section and the trial court's discretionary authority over the conduct of trials. Cooper v. Williamson County Bd. of Educ., 746 S.W.2d 176, 1987 Tenn. LEXIS 1031 (Tenn. 1987).

Tenn. Code Ann. § 49-5-513(g) is more exacting and explicit in prescribing review of administrative actions of a school board than either the comparable section of the Uniform Administrative Procedures Act, T.C.A. § 4-5-322, or title 27, ch. 9, concerning review of boards and commissions. These review provisions in the Teacher Tenure Act constitute a species of the statutory writ of certiorari. Cooper v. Williamson County Bd. of Educ., 746 S.W.2d 176, 1987 Tenn. LEXIS 1031 (Tenn. 1987).

Evidence held to preponderate in favor of teacher's dismissal. Saunders v. Anderson, 746 S.W.2d 185, 1987 Tenn. LEXIS 1034 (Tenn. 1987).

The order of proof but not the burden of proof is shifted under this section because the petition is filed by the plaintiff, and thus that party must make a prima facie showing to substantiate the allegations of the petition, which presumes the existence of the board's decision, before the defendant will be required to carry its burden of proof to substantiate the charges against the teacher at the hearing de novo before the chancellor. The burden of proof regarding the charges themselves never shifts from the proffering party to the teacher at any point in the proceedings. Saunders v. Anderson, 746 S.W.2d 185, 1987 Tenn. LEXIS 1034 (Tenn. 1987).

The showing required for the plaintiff's prima facie case is de minimis. Saunders v. Anderson, 746 S.W.2d 185, 1987 Tenn. LEXIS 1034 (Tenn. 1987).

If, upon a hearing de novo and from all the evidence presented in chancery court, the chancellor concludes that the action of the board is justified, then the chancellor has substituted the chancellor's own judgment for that of the board as if no hearing had been previously held. Saunders v. Anderson, 746 S.W.2d 185, 1987 Tenn. LEXIS 1034 (Tenn. 1987).

The review afforded by T.C.A. § 49-5-513 is not limited to a determination of whether the school board acted within its jurisdiction, or acted arbitrarily, capriciously, or illegally. Rather, it is a trial de novo, in which the chancellor must reduce the chancellor's own findings of fact and conclusions of law to writing and include them in the record. Van Hooser v. Warren County Bd. of Educ., 807 S.W.2d 230, 1991 Tenn. LEXIS 24 (Tenn. 1991), rehearing denied, — S.W.2d —, 1991 Tenn. LEXIS 146 (Tenn. Apr. 8, 1991).

An appeal from a school board determination is similar to an appeal from a decision of a general sessions court in that the chancellor is required to reconsider and redetermine all the issues of fact, as well as law as if no such determination had been previously made. Hence, the chancellor must substitute the chancellor's own judgment for that of the board. The scope of review is not confined to whether the evidence considered by the school board preponderates in its favor, and no presumption attaches to the school board's determinations. Van Hooser v. Warren County Bd. of Educ., 807 S.W.2d 230, 1991 Tenn. LEXIS 24 (Tenn. 1991), rehearing denied, — S.W.2d —, 1991 Tenn. LEXIS 146 (Tenn. Apr. 8, 1991).

In accord with the standard for review in effect in 1988, the trial court properly heard evidence regarding five charges of improper touching of students, even though the dismissal of the teacher was based on a sixth charge of conviction of crimes involving moral turpitude. Enochs v. Nerren, 949 S.W.2d 686, 1996 Tenn. App. LEXIS 813 (Tenn. Ct. App. 1996).

Neither the teacher nor the board raised the issue of incompetence; accordingly, the ground of incompetence was beyond the scope of the pleadings, and the trial court's determination that the ground of incompetence was proven was reversed. Finney v. Franklin Special Sch. Dist. Bd. of Educ., 576 S.W.3d 663, 2018 Tenn. App. LEXIS 571 (Tenn. Ct. App. Sept. 28, 2018), appeal denied, — S.W.3d —, 2019 Tenn. LEXIS 118 (Tenn. Feb. 20, 2019).

4. Review in Federal Courts.

Where a teacher/coach having tenured status was relieved of duties as coach but retained as a teacher by the school board, without the approval of the superintendent of schools (now director of schools) and without formal charges having been presented or having been given a hearing, it was held that under applicable Tennessee law the teacher/coach had a legitimate claim of entitlement to continued employment as a teacher and as a coach, that summary dismissal constituted a denial of property rights without procedural due process under U.S. Const., amend. 14, § 1, was entitled to compensatory damages therefor together with court costs (but not punitive damages or attorney's fees), and that was not required to first exhaust the state administrative and judicial remedies. Davis v. Barr, 373 F. Supp. 740, 1973 U.S. Dist. LEXIS 11139 (E.D. Tenn. 1973).

5. Limitations.

Where a hearing authorized by T.C.A. § 49-5-512 is denied or where a teacher is dismissed without a list of written charges provided, the delay beyond 30 days of bringing suit does not bar the action but is a factor in determining any award of back pay. State ex rel. Chapdelaine v. Torrence, 532 S.W.2d 542, 1975 Tenn. LEXIS 612 (Tenn. 1975).

Where the action for dismissal was the individual decision of the chairman of the board and not the decision of the board, the 30-day limit for review was not applicable. State ex rel. Chapdelaine v. Torrence, 532 S.W.2d 542, 1975 Tenn. LEXIS 612 (Tenn. 1975).

6. Provisions Permissible in Nature.

The specific provisions for process and service in this section are permissible and may be followed in lieu of the general provisions of Tenn. R. Civ. P. 4. Tennessee State Board of Education v. Cobb, 557 S.W.2d 276, 1977 Tenn. LEXIS 672 (Tenn. 1977).

7. Necessity of Notice.

Where the board of education failed to give a tenured teacher valid written charges of conduct sufficient to be grounds for dismissal, it could not then contend that the teacher's suit was not timely filed pursuant to the requirements of this section, for the board may not invoke the protection of a statutory scheme the principal requirements of which it ignored. Sanders v. Vinson, 558 S.W.2d 838, 1977 Tenn. LEXIS 665 (Tenn. 1977).

The 30-day time requirement of T.C.A. § 49-5-513 is tolled until the written notice requirement is given by the board. Davis v. Barr, 646 S.W.2d 914, 1983 Tenn. LEXIS 623 (Tenn. 1983).

In a teacher's action against a school board under the Teacher Tenure Act, T.C.A. § 49-5-501 et seq., where the teacher was not afforded the protections of notice of the charges and a tenure hearing prior to the termination of her employment, summary judgment was not appropriate on the issues of back pay and compensatory damages because there was no record for the chancellor to review. Thompson v. Memphis City Schs. Bd. of Educ., — S.W.3d —, 2012 Tenn. App. LEXIS 39 (Tenn. Ct. App. Jan. 18, 2012), modified, 395 S.W.3d 616, 2012 Tenn. LEXIS 933 (Tenn. Dec. 21, 2012).

8. Burden of Proof.

The burden of proof to establish by a preponderance of the evidence that the action of the board in relieving the teacher of the duties of athletic director and coach was arbitrary, capricious, or improperly motivated was on the teacher. Warren v. Polk County Board of Education, 613 S.W.2d 222, 1981 Tenn. LEXIS 416 (Tenn. 1981).

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

    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. 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. 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. 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.
  1. As used in this section:
    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. “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.

Acts 1953, ch. 263, §§ 1, 2 (Williams, § 2345.19); Acts 1957, ch. 179, § 1; T.C.A. (orig. ed.), § 49-1420.

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

  1. The state board of education is authorized and directed to establish a system of tenure for teachers in schools and institutions under its jurisdiction.
  2. 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. The minimum qualifications of teachers eligible for tenure;
    2. The types of tenure;
    3. Leaves of absence;
    4. Time of termination of tenure;
    5. Transfers within the system;
    6. Credit for time served in other school systems within the state;
    7. Grounds and procedures concerning suspensions and dismissals;
    8. Investigations;
    9. Suspensions pending investigations; and
    10. Other subjects deemed by the board to be reasonably related to teacher's tenure.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. No teacher under this section shall be guaranteed continuity of employment in a particular assignment or position.

Acts 1967, ch. 210, §§ 1-3; T.C.A., §§ 49-1423 — 49-1425.

NOTES TO DECISIONS

1. Rights of Teacher.

A teacher or principal is not entitled to the specific job as assigned, so that transfer of a principal without notice or hearing did not result in deprivation of constitutional rights. Coe v. Bogart, 519 F.2d 10, 1975 U.S. App. LEXIS 13697 (6th Cir. Tenn. 1975).

2. Nontenured Directors.

Nontenured directors whose jobs were terminated due to reorganization were not denied due process and grievance procedures were not inadequate because directors, being nontenured, did not enjoy such a property interest in their continued employment as to entitle them to the fourteenth amendment protection; here, the only due process the directors had was that which the state gave them under grievance and administrative procedure rules, which allowed appeals, hearings and the calling of witnesses, which procedures were followed or exceeded. Robertson v. McElrath, 661 S.W.2d 88, 1983 Tenn. App. LEXIS 644 (Tenn. Ct. App. 1983).

Educational director and director of planning and development, former employees of the central administrative unit, who lost their jobs through reorganization of that unit, were employees of department of education, and as such not subject to tenure system of state board of education; but even if directors were employees of state board of education, they still would not have been subject to tenure system, which applies only to teachers employed in educational facilities, because directors had not been employed in a school or other educational institute. Robertson v. McElrath, 661 S.W.2d 88, 1983 Tenn. App. LEXIS 644 (Tenn. Ct. App. 1983).

3. Assistant Commissioner for Vocational Education.

The legislature expressly singled out only one employee of the division of vocational-technical education, that being the assistant commissioner for vocational education, to be employed by the state board of education rather than the department of education, making this position a tenured one. Robertson v. McElrath, 661 S.W.2d 88, 1983 Tenn. App. LEXIS 644 (Tenn. Ct. App. 1983).

Part 6
Professional Educators Collaborative Conferencing Act of 2011

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

  1. This part shall be known and may be cited as the “Professional Educators Collaborative Conferencing Act of 2011.”
    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. 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. 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.
  2. 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.
  3. Any and all bargaining being conducted pursuant to the [former] Education Professional Negotiations Act on June 1, 2011, shall be suspended indefinitely.
  4. 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.

Acts 2011, ch. 378, § 1.

Compiler's Notes. Acts 2011, ch. 378, § 4 provided that nothing in the act shall be construed to abridge or impair a contract or agreement governing terms and conditions of professional service entered into by a board of education and a recognized professional employees' organization under the Education Professional Negotiations Act before June 1, 2011. Any such contract or agreement shall remain in full force and effect until the expiration of the contract or agreement.

Law Reviews.

John Forrest Dillon Goes To School: Dillon's Rule In Tennessee Ten Years After Southern Constructors (Elijah Swiney), 79 Tenn. L. Rev. 103 (2011).

49-5-602. Part definitions.

As used in this part, unless the context otherwise requires:

  1. “Board of education” or “local board of education” has the same meaning as the term is defined in § 49-1-103;
  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. “Management personnel” means those professional employees certified by the local board of education to represent the board in the collaborative conferencing process;
  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. “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. “Person” means one (1) or more individuals, organizations, associations, or their representatives;
  7. “Political activity” includes, but is not limited to:
    1. Lobbying as defined in § 3-6-301;
    2. Making contributions to any entity which engages in any form of political communication, including communications which mention the name of a political candidate;
    3. Engaging in or paying for public opinion polling;
    4. Engaging in or paying for any form of political communication, including communications which mention the name of a political candidate;
    5. Engaging in or paying for any type of political advertising in any medium;
    6. Telephone communication for any political purpose;
    7. Distributing political literature of any type; or
    8. Providing any type of in-kind help or support to or for a political candidate;
  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. “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. “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. “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. “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. “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.

Acts 2011, ch. 378, § 1.

Compiler's Notes. Acts 2011, ch. 378, § 4 provided that nothing in the act shall be construed to abridge or impair a contract or agreement governing terms and conditions of professional service entered into by a board of education and a recognized professional employees' organization under the Education Professional Negotiations Act before June 1, 2011. Any such contract or agreement shall remain in full force and effect until the expiration of the contract or agreement.

Law Reviews.

John Forrest Dillon Goes To School: Dillon's Rule In Tennessee Ten Years After Southern Constructors (Elijah Swiney), 79 Tenn. L. Rev. 103 (2011).

Attorney General Opinions. Member dues, if deducted under the Professional Educators Collaborative Conferencing Act of 2011 (PECCA) memorandum of understanding, may not be used to engage in or pay for political activity, including political communications, nor may they be used as contributions to an entity that engages in political activity. OAG 16-22, 2016 Tenn. AG LEXIS 19 (6/8/2016).

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.

Acts 2011, ch. 378, § 1.

Compiler's Notes. Acts 2011, ch. 378, § 4 provided that nothing in the act shall be construed to abridge or impair a contract or agreement governing terms and conditions of professional service entered into by a board of education and a recognized professional employees' organization under the Education Professional Negotiations Act before June 1, 2011. Any such contract or agreement shall remain in full force and effect until the expiration of the contract or agreement.

Law Reviews.

John Forrest Dillon Goes To School: Dillon's Rule In Tennessee Ten Years After Southern Constructors (Elijah Swiney), 79 Tenn. L. Rev. 103 (2011).

NOTES TO DECISIONS

1. Non-threats.

Because the board of education's letter expressed its views on employee-employer relations and contained no threat of reprimand or promise of benefit, the education board was properly granted summary judgment on the association's Tennessee Education Professional Negotiations Act claims. Hamilton Cnty. Educ. Ass'n v. Hamilton Cnty. Bd. of Educ., 822 F.3d 831, 2016 FED App. 0098P, 2016 FED App. 98P, 2016 U.S. App. LEXIS 7103 (6th Cir. Apr. 20, 2016).

49-5-604. Rights preserved.

  1. 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.
  2. 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.

Acts 2011, ch. 378, § 1.

Compiler's Notes. Acts 2011, ch. 378, § 4 provided that nothing in the act shall be construed to abridge or impair a contract or agreement governing terms and conditions of professional service entered into by a board of education and a recognized professional employees' organization under the Education Professional Negotiations Act before June 1, 2011. Any such contract or agreement shall remain in full force and effect until the expiration of the contract or agreement.

Law Reviews.

John Forrest Dillon Goes To School: Dillon's Rule In Tennessee Ten Years After Southern Constructors (Elijah Swiney), 79 Tenn. L. Rev. 103 (2011).

49-5-605. Representatives.

  1. 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.
    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).
      1. 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:

        Shall the professional employees of this LEA undertake collaborative conferencing with the board of education?

      2. 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.
    2. 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.
    3. 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).
    4. 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”.
      1. 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. 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.
  2. 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.
  3. 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).
  4. 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.
  5. 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.

Acts 2011, ch. 378, § 1.

Compiler's Notes. Acts 2011, ch. 378, § 4 provided that nothing in the act shall be construed to abridge or impair a contract or agreement governing terms and conditions of professional service entered into by a board of education and a recognized professional employees' organization under the Education Professional Negotiations Act before June 1, 2011. Any such contract or agreement shall remain in full force and effect until the expiration of the contract or agreement.

Law Reviews.

John Forrest Dillon Goes To School: Dillon's Rule In Tennessee Ten Years After Southern Constructors (Elijah Swiney), 79 Tenn. L. Rev. 103 (2011).

49-5-606. Unlawful acts.

  1. It is unlawful for a board of education or its management personnel to:
    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. Interfere with, restrain or coerce employees in the exercise of the rights guaranteed in § 49-5-603;
    3. Refuse or fail to participate in collaborative conferencing under this part;
    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. 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. 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. Dominate, interfere or assist in the administration of any professional employee organization.
  2. It is unlawful for a professional employees' organization or its representatives to:
    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. Refuse or fail to participate in collaborative conferencing under this part with a board of education;
    3. Interfere with, restrain or coerce professional employees or a board of education in the exercise of rights granted in this part;
    4. Engage in a strike;
    5. Urge, coerce or encourage others to engage in unlawful acts as defined in this part;
    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. Coerce or attempt to intimidate professional employees who choose not to join a professional employee organization.
    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. No complaint shall issue based upon any unlawful act occurring more than three (3) months prior to the filing of the complaint.
    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. 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. 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.

Acts 2011, ch. 378, § 1.

Compiler's Notes. Acts 2011, ch. 378, § 4 provided that nothing in the act shall be construed to abridge or impair a contract or agreement governing terms and conditions of professional service entered into by a board of education and a recognized professional employees' organization under the Education Professional Negotiations Act before June 1, 2011. Any such contract or agreement shall remain in full force and effect until the expiration of the contract or agreement.

Law Reviews.

John Forrest Dillon Goes To School: Dillon's Rule In Tennessee Ten Years After Southern Constructors (Elijah Swiney), 79 Tenn. L. Rev. 103 (2011).

NOTES TO DECISIONS

1. Non-threats.

Because the board of education's letter expressed its views on employee-employer relations and contained no threat of reprimand or promise of benefit, the education board was properly granted summary judgment on the association's Tennessee Education Professional Negotiations Act claims. Hamilton Cnty. Educ. Ass'n v. Hamilton Cnty. Bd. of Educ., 822 F.3d 831, 2016 FED App. 0098P, 2016 FED App. 98P, 2016 U.S. App. LEXIS 7103 (6th Cir. Apr. 20, 2016).

49-5-607. Strikes — Remedies.

    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. If the court finds, after a hearing, that a strike has occurred, the court shall enjoin the employees from participating in the strike.
  1. 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.
  2. 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.

Acts 2011, ch. 378, § 1.

Compiler's Notes. Acts 2011, ch. 378, § 4 provided that nothing in the act shall be construed to abridge or impair a contract or agreement governing terms and conditions of professional service entered into by a board of education and a recognized professional employees' organization under the Education Professional Negotiations Act before June 1, 2011. Any such contract or agreement shall remain in full force and effect until the expiration of the contract or agreement.

Law Reviews.

John Forrest Dillon Goes To School: Dillon's Rule In Tennessee Ten Years After Southern Constructors (Elijah Swiney), 79 Tenn. L. Rev. 103 (2011).

49-5-608. Scope of conferencing.

  1. 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. Salaries or wages;
    2. Grievance procedures;
    3. Insurance;
    4. Fringe benefits, but not to include pensions or retirement programs of the Tennessee consolidated retirement system or locally authorized early retirement incentives;
    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. Leave; and
    7. Payroll deductions; except as provided in subsection (b).
  2. 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. 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. 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. Evaluation of professional employees pursuant to federal or state law or state board of education policy;
    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. 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. Payroll deductions for political activities.
  3. 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.

Acts 2011, ch. 378, § 1.

Compiler's Notes. Acts 2011, ch. 378, § 4 provided that nothing in the act shall be construed to abridge or impair a contract or agreement governing terms and conditions of professional service entered into by a board of education and a recognized professional employees' organization under the Education Professional Negotiations Act before June 1, 2011. Any such contract or agreement shall remain in full force and effect until the expiration of the contract or agreement.

Law Reviews.

John Forrest Dillon Goes To School: Dillon's Rule In Tennessee Ten Years After Southern Constructors (Elijah Swiney), 79 Tenn. L. Rev. 103 (2011).

Attorney General Opinions. Member dues, if deducted under the Professional Educators Collaborative Conferencing Act of 2011 (PECCA) memorandum of understanding, may not be used to engage in or pay for political activity, including political communications, nor may they be used as contributions to an entity that engages in political activity. OAG 16-22, 2016 Tenn. AG LEXIS 19 (6/8/2016).

49-5-609. Memorandum of understanding.

  1. 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. Federal or state law or applicable municipal charter;
    2. Professional employee rights defined in this part; or
    3. Board of education rights contained in this title.
  2. 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.
  3. 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.
  4. 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.

Acts 2011, ch. 378, § 1.

Compiler's Notes. Acts 2011, ch. 378, § 4 provided that nothing in the act shall be construed to abridge or impair a contract or agreement governing terms and conditions of professional service entered into by a board of education and a recognized professional employees' organization under the Education Professional Negotiations Act before June 1, 2011. Any such contract or agreement shall remain in full force and effect until the expiration of the contract or agreement.

Law Reviews.

John Forrest Dillon Goes To School: Dillon's Rule In Tennessee Ten Years After Southern Constructors (Elijah Swiney), 79 Tenn. L. Rev. 103 (2011).

Part 7
State Leave Plan

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

  1. 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.
  2. 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.

Acts 1955, ch. 136, § 18; 1957, ch. 75, § 1; 1959, ch. 93, § 1; 1967, ch. 396, § 1; 1968, ch. 420, §§ 1, 2; 1971, ch. 128, § 1; 1971, ch. 421, § 1; 1973, ch. 2, § 1; 1974, ch. 488, § 1; 1975, ch. 46, §§ 1, 2; 1975, ch. 100, § 2; 1977, ch. 364, § 2; 1978, ch. 557, § 2; 1979, ch. 78, § 1; 1980, ch. 544, § 1; 1980, ch. 567, § 1; 1981, ch. 282, §§ 1, 2; 1982, ch. 674, §§ 3, 4; T.C.A., § 49-1314(a), (e); Acts 1992, ch. 535, § 27.

Cross-References. Sick leave bank, title 49, ch. 5, part 8.

Attorney General Opinions. Applicability to superintendents (now directors of schools), OAG 90-57, 1990 Tenn. AG LEXIS 57 (5/11/90).

49-5-702. Application for leave.

  1. 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.
  2. 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.
  3. The teacher's application for leave forms shall require, but not be limited to:
    1. A description of the type of leave requested;
    2. The requested dates for beginning and ending the leave; and
    3. A statement of intent to return to the position from which leave is granted.

Acts 1973, ch. 175, § 1; 1975, ch. 51, § 1; T.C.A., § 49-1315; Acts 1987, ch. 308, § 29; 1997, ch. 365, § 1; 2003, ch. 268, § 1; 2008, ch. 925, § 1.

Cross-References. Adoptive leave, § 8-50-806.

Maternity leave, § 4-21-408.

Sick leave, § 8-50-802.

NOTES TO DECISIONS

1. In General.

It was not necessary for a teacher with permanent tenure status, who was elected to a four-year term as school superintendent, to apply for a leave of absence or to resign, to protect the tenure status. Jones v. Brown, 727 S.W.2d 497, 1987 Tenn. LEXIS 891 (Tenn. 1987).

2. Reinstatement.

High school teacher who took 12-month leave of absence which had been granted by school board was entitled to reinstatement as a high school teacher, and back wages. State ex rel. McGhee v. St. John, 837 S.W.2d 596, 1992 Tenn. LEXIS 494 (Tenn. 1992).

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.

Acts 1973, ch. 175, § 1; 1975, ch. 51, § 1; T.C.A., § 49-1315; Acts 1997, ch. 365, § 2.

Attorney General Opinions. Authority to grant additional leave, OAG 99-079, 1999 Tenn. AG LEXIS 79 (4/5/99).

NOTES TO DECISIONS

1. Reinstatement.

High school teacher who took 12-month leave of absence which had been granted by school board was entitled to reinstatement as a high school teacher, and back wages. State ex rel. McGhee v. St. John, 837 S.W.2d 596, 1992 Tenn. LEXIS 494 (Tenn. 1992).

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.

Acts 1973, ch. 175, § 1; 1975, ch. 51, § 1; T.C.A., § 49-1315; Acts 2008, ch. 925, § 2.

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.

Acts 1973, ch. 175, § 1; 1975, ch. 51, § 1; T.C.A., § 49-1315.

Code Commission Notes.

The first sentence of this section was transferred from § 49-5-709(b) by the code commission in 2009.

NOTES TO DECISIONS

1. In General.

High school teacher who took 12-month leave of absence which had been granted by school board was entitled to reinstatement as a high school teacher, and back wages. State ex rel. McGhee v. St. John, 837 S.W.2d 596, 1992 Tenn. LEXIS 494 (Tenn. 1992).

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.

Acts 1973, ch. 175, § 1; 1975, ch. 51, § 1; T.C.A., § 49-1315.

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.

Acts 1955, ch. 136, § 18; 1957, ch. 75, § 1; 1959, ch. 93, § 1; 1967, ch. 396, § 1; 1968, ch. 420, §§ 1, 2; 1971, ch. 128, § 1; 1971, ch. 421, § 1; 1973, ch. 2, § 1; 1974, ch. 488, § 1; 1975, ch. 46, §§ 1, 2; 1975, ch. 100, § 2; 1977, ch. 364, § 2; 1978, ch. 557, § 2; 1979, ch. 78, § 1; 1980, ch. 544, § 1; 1980, ch. 567, § 1; 1981, ch. 282, §§ 1, 2; 1982, ch. 674, §§ 3, 4; T.C.A., § 49-1314(a).

Cross-References. “Employ” defined, § 49-5-403.

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.

Acts 1951, ch. 76, § 8 (Williams, § 2345.8); Acts 1973, ch. 298, § 1; T.C.A. (orig. ed.), § 49-1406.

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.

Acts 1955, ch. 136, § 18; 1957, ch. 75, § 1; 1959, ch. 93, § 1; 1967, ch. 396, § 1; 1968, ch. 420, §§ 1, 2; 1971, ch. 128, § 1; 1971, ch. 421, § 1; 1973, ch. 2, § 1; 1973, ch. 175, § 1; 1974, ch. 488, § 1; 1975, ch. 46, §§ 1, 2; 1975, ch. 51, § 1; 1975, ch. 100, § 2; 1977, ch. 364, § 2; 1978, ch. 557, § 2; 1979, ch. 78, § 1; 1980, ch. 544, § 1; 1980, ch. 567, § 1; 1981, ch. 282, §§ 1, 2; 1982, ch. 674, §§ 3, 4; T.C.A., §§ 49-1314(b), 49-1315; Acts 1997, ch. 499, § 1; 2011, ch. 202, § 1.

Code Commission Notes.

Former subsection (b) was transferred to the first sentence of § 49-5-705 by the code commission in 2009.

Cross-References. Education financing, substitute teachers, § 49-3-312.

“Employ” defined, § 49-5-403.

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

    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. 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. 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.
    4. At the termination of the employment of any teacher, all unused sick leave accumulated by the teacher shall be terminated.
    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. 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. 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. 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. 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.
  1. 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.

Acts 1955, ch. 136, § 18; 1957, ch. 75, § 1; 1959, ch. 93, § 1; 1967, ch. 396, § 1; 1968, ch. 420, §§ 1, 2; 1971, ch. 128, § 1; 1971, ch. 421, § 1; 1973, ch. 2, § 1; 1974, ch. 488, § 1; 1975, ch. 46, §§ 1, 2; 1975, ch. 100, § 2; 1977, ch. 364, § 2; 1978, ch. 557, § 2; 1979, ch. 78, § 1; 1980, ch. 544, § 1; 1980, ch. 567, § 1; 1981, ch. 282, §§ 1, 2; 1982, ch. 674, §§ 3, 4; T.C.A., § 49-1314(c); Acts 1984, ch. 657, § 1; 1986, ch. 850, § 3; 1989, ch. 184, § 1; 1998, ch. 617, § 1; 2019, ch. 248, § 48.

Cross-References. Education financing, substitute teachers, § 49-3-312.

“Employ” defined, § 49-5-403.

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

Attorney General Opinions. Authority to set terms of sick leave, OAG 99-079, 1999 Tenn. AG LEXIS 79 (4/5/99).

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

  1. 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.
  2. 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.
    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. 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. If personal leave is requested during any prior established student examination period;
      3. If personal leave is requested on the day immediately preceding or following a holiday or vacation period;
      4. 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. 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. Except in an emergency, a teacher shall give at least one (1) day's advance notice of intent to take personal leave.

Acts 1955, ch. 136, § 18; 1957, ch. 75, § 1; 1959, ch. 93, § 1; 1967, ch. 396, § 1; 1968, ch. 420, §§ 1, 2; 1971, ch. 128, § 1; 1971, ch. 421, § 1; 1973, ch. 2, § 1; 1974, ch. 488, § 1; 1975, ch. 46, §§ 1, 2; 1975, ch. 100, § 2; 1977, ch. 364, § 2; 1978, ch. 557, § 2; 1979, ch. 78, § 1; 1980, ch. 544, § 1; 1980, ch. 567, § 1; 1981, ch. 282, §§ 1, 2; 1982, ch. 674, §§ 3, 4; T.C.A., § 49-1314(d); Acts 1986, ch. 850, §§ 1, 2; 2010, ch. 759, §§ 1, 2.

Cross-References. Education financing, substitute teachers, § 49-3-312.

“Employ” defined, § 49-5-403.

Attorney General Opinions. Authority to grant additional leave, OAG 99-079, 1999 Tenn. AG LEXIS 79 (4/5/99).

Authority to offer early retirement incentives, OAG 99-079, 1999 Tenn. AG LEXIS 79 (4/5/99).

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.

Acts 1973, ch. 175, § 1; 1975, ch. 51, § 1; T.C.A., § 49-1315.

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.

Acts 1973, ch. 175, § 1; 1975, ch. 51, § 1; T.C.A., § 49-1315.

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

  1. Whenever 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, the teacher shall receive benefits, comparable to a workers' compensation program, for up to one (1) year after the injury, if the LEA has workers' compensation coverage. If the LEA does not have workers' compensation coverage, the benefits, procedures and standards for determining eligibility shall be the same as if the LEA had workers' compensation. 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. The state board of education shall adopt rules and regulations for the implementation of personal injury leave resulting from assault or other violent criminal acts.
  2. In the event 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, the LEA shall continue to pay the teacher's full benefits including, but not limited to, health insurance benefits, until the earlier of the date on which the teacher is released by the teacher's physician to return to work or the date on which the teacher is determined by the teacher's physician to be permanently disabled from returning to work.
  3. Nothing in this section shall be construed to discourage, diminish, invalidate or supersede any LEA's policy, benefit package or contract providing greater benefits or leave for teachers injured in the course of employment activities.

Acts 1994, ch. 990, § 1; 1995, ch. 204, § 1; 2013, ch. 439, § 1.

Cross-References. “Employ” defined, § 49-5-403.

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

  1. 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.
  2. 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.
  3. Any person on leave under this section shall retain all rights enumerated in § 49-5-708.
  4. 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.
  5. 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).

Acts 2004, ch. 650, § 1; 2013, ch. 275, § 1.

49-5-716. Leave not charged when school closed for unexpected events.

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.

Acts 2011, ch. 284, § 1.

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.”

Acts 1981, ch. 283, § 1; T.C.A., § 49-56-101.

49-5-802. Part definitions.

As used in this part, unless the context otherwise requires:

  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. “Local school system” or “system” means any local public school system, as defined in § 49-1-103;
  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. “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. “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. “Sick leave bank trustees” or “trustees” means those persons appointed to administer a local school system sick leave bank; and
  7. “Teacher” means all persons entitled to sick leave under § 49-5-710.

Acts 1981, ch. 283, § 2; T.C.A., § 49-56-102.

49-5-803. Establishment.

  1. Notwithstanding any other provision to the contrary, a sick leave bank may be established in any local school system.
  2. Sick leave accumulated under § 49-5-710 may be donated to the bank.
  3. Only one (1) bank shall be allowed per system.
  4. To form a sick leave bank in a local school system, a minimum of twenty (20) teachers from that system shall petition the local board of education for permission to establish a sick leave bank in accordance with this part. Upon approval by the local board of education, the request, along with the proposed operating guidelines, shall be submitted to the commissioner of education. Upon the commissioner's determination that the proposed operating guidelines are consistent with this title, the commissioner shall officially authorize the establishment of a sick leave bank within the system effective the next August 1.
  5. 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 shall petition the local board of education for permission to establish a sick leave bank in accordance with this part. Upon approval by the local board of education, the request, along with the proposed operating guidelines, shall be submitted to the commissioner. Upon the commissioner's determination that the proposed operating guidelines are consistent with this title, the commissioner shall officially authorize the establishment of a sick leave bank within the system effective August 1, following the date of such decision.

Acts 1981, ch. 283, § 3; T.C.A., § 49-56-103; Acts 1990, ch. 713, §§ 1, 4; 1991, ch. 202, §§ 1, 4; 1992, ch. 810, § 1.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

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. Not later than thirty (30) days following the commissioner's authorization, the board of education and the employee organization shall each appoint from their membership two (2) persons to serve as trustees. The fifth trustee shall be the director of schools who shall serve as chair;
  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. 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. 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. 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. Trustees are eligible to succeed themselves; and
  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.

Acts 1981, ch. 283, § 4; T.C.A., § 49-56-104.

49-5-805. Rules and regulations.

  1. The trustees shall provide for rules and regulations not inconsistent with this part.
  2. These rules and regulations shall be filed with the office of the commissioner of education and 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.

Acts 1981, ch. 283, § 11; T.C.A., § 49-56-111.

49-5-806. Participation.

  1. 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.
  2. 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.
  3. Teachers electing to participate shall do so during the months of August, September or October of any year.
  4. 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.

Acts 1981, ch. 283, §§ 5, 6; T.C.A., §§ 49-56-105, 49-56-106; Acts 1990, ch. 713, § 2; 1991, ch. 202, §§ 2, 4.

49-5-807. Leave contributions.

  1. 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.
  2. Donations of sick leave to the bank are nonrefundable and nontransferable.
  3. 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.

Acts 1981, ch. 283, §§ 5, 6; T.C.A., §§ 49-56-105, 49-56-106.

49-5-808. Use of bank.

  1. 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.
  2. The form and manner of application for use of leave from the bank shall be prescribed by the trustees.
  3. The trustees shall act either affirmatively or negatively on all applications within ten (10) calendar days of the application.
  4. 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.
  5. 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.
  6. 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.
  7. Grants of sick leave from the bank shall not be made to any member on account of any elective surgery or illness of any member of the participant's family, or during any period the member is receiving disability benefits from social security or the state or local teachers' retirement plan.
  8. 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).
  9. 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.
  10. 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.
  11. Sick leave granted a member from the bank need not be repaid by the individual except as all members are uniformly assessed.
  12. 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.

Acts 1981, ch. 283, §§ 6-8; T.C.A., §§ 49-56-10649-56-108; Acts 1990, ch. 713, §§ 3, 4; 1991, ch. 202, §§ 3, 4.

49-5-809. Loss of benefits.

A member shall lose the right to obtain the benefits of the sick leave bank by:

  1. Resignation or termination of employment with the local school system;
  2. Cancellation of participation that is effective only on June 30 next;
  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. Being on approved leave of absence with the exception of personal illness or disability leave; or
  5. Retirement.

Acts 1981, ch. 283, § 9; T.C.A., § 49-56-109.

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.

Acts 1981, ch. 283, § 10; T.C.A., § 49-56-110.

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.

Acts 2014, ch. 888, § 1.

Part 9
Teachers' Local Retirement Systems

49-5-901. Establishment of fund.

  1. 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.”
  2. 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.

Acts 1917, ch. 76, § 1; Shan., § 1469b1 (p. 6543); Shan. Supp., § 1469a1; Code 1932, § 2525; T.C.A. (orig. ed.), § 49-1601.

49-5-902. Rules and regulations.

  1. 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.
  2. 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.

Acts 1917, ch. 76, § 2; Shan., § 1469b2 (p. 6544); Shan. Supp., § 1469a2; Code 1932, § 2526; T.C.A. (orig. ed.), § 49-1602.

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.

Acts 1917, ch. 76, § 9; Shan., § 1469b9 (p. 6545); Shan. Supp., § 1469a9; Code 1932, § 2533; T.C.A. (orig. ed.), § 49-1603.

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

  1. 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.
  2. 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.

Acts 1917, ch. 76, § 3; Shan., § 1469b3 (p. 6544); Shan. Supp., § 1469a3; Code 1932, § 2527; T.C.A. (orig. ed.), § 49-1604.

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.

Acts 1917, ch. 76, § 6; Shan., § 1469b6 (p. 6544); Shan. Supp., § 1469a6; Code 1932, § 2530; T.C.A. (orig. ed.), § 49-1605.

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.

Acts 1917, ch. 76, § 4; Shan., § 1469b4 (p. 6544); Shan. Supp., § 1469a4; Code 1932, § 2528; T.C.A. (orig. ed.), § 49-1606.

Cross-References. Eligibility of attendance supervisor, § 49-6-3006.

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.

Acts 1917, ch. 76, § 5; Shan., § 1469b5 (p. 6544); Shan. Supp., § 1469a5; Code 1932, § 2529; T.C.A. (orig. ed.), § 49-1607.

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.

Acts 1917, ch. 76, § 7; Shan., § 1469b7 (p. 6544); Shan. Supp., § 1469a7; Code 1932, § 2531; T.C.A. (orig. ed.), § 49-1608.

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.

Acts 1917, ch. 76, § 8; Shan., § 1469b8 (p. 6544); Shan. Supp., § 1469a8; Code 1932, § 2532; T.C.A. (orig. ed.), § 49-1609.

49-5-910. Board of trustees.

  1. 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.
  2. 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.

Acts 1917, ch. 76, § 10; Shan., § 1469b10 (p. 6545); Shan. Supp., § 1469a10; Code 1932, § 2534; T.C.A. (orig. ed.), § 49-1610.

49-5-911. Rules of trustees — Quorum.

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

Acts 1917, ch. 76, § 12; Shan., § 1469b16 (p. 6545); Shan. Supp., § 1469a16; Code 1932, § 2540; T.C.A. (orig. ed.), § 49-1611.

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.

Acts 1917, ch. 76, § 11; Shan., § 1469b12 (p. 6545); Shan. Supp., § 1469a12; Code 1932, § 2536; T.C.A. (orig. ed.), § 49-1612.

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

  1. The board shall manage, lend, maintain, keep or deposit such funds for the benefit and uses of the public school teachers' retirement fund.
  2. 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.
  3. The fund shall be invested in solvent and approved interest-bearing securities or well-secured mortgages or municipal bonds.

Acts 1917, ch. 76, § 11; Shan., § 1469b11 (p. 6545); Shan. Supp., § 1469a11; Code 1932, § 2535; T.C.A. (orig. ed.), § 49-1613.

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

  1. 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.
  2. 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.

Acts 1917, ch. 76, § 11; Shan., § 1469b14 (p. 6545); Shan. Supp., § 1469a14; Code 1932, § 2538; T.C.A. (orig. ed.), § 49-1614.

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.

Acts 1917, ch. 76, § 11; Shan., § 1469b15 (p. 6545); Shan. Supp., § 1469a15; Code 1932, § 2539; T.C.A. (orig. ed.), § 49-1615.

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.

Acts 1917, ch. 76, § 11; Shan., § 1469b13 (p. 6545); Shan. Supp., § 1469a13; Code 1932, § 2537; T.C.A. (orig. ed.), § 49-1616.

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.”

Acts 2010, ch. 916, § 1.

49-5-1002. Legislative findings.

The general assembly finds and declares that:

  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. 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.

Acts 2010, ch. 916, § 1.

NOTES TO DECISIONS

1. Violation.

Teacher's conduct on March 24 was disrespectful to her colleague, but the chancellor did not determine that this incident, standing alone, constituted unprofessional conduct; rather, the court determined that the cumulative nature of her improper interactions with her students, and between her and her colleagues met the statutory burden to prove unprofessional conduct, and there was ample testimony to support this determination. Finney v. Franklin Special Sch. Dist. Bd. of Educ., 576 S.W.3d 663, 2018 Tenn. App. LEXIS 571 (Tenn. Ct. App. Sept. 28, 2018), appeal denied, — S.W.3d —, 2019 Tenn. LEXIS 118 (Tenn. Feb. 20, 2019).

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

  1. 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.
  2. In fulfillment of this obligation to the student, an educator shall:
    1. Abide by all applicable federal and state laws;
    2. Not unreasonably restrain the student from independent action in the pursuit of learning;
    3. Provide the student with professional education services in a nondiscriminatory manner and in consonance with accepted best practices known to the educator;
    4. Respect the constitutional rights of the student;
    5. Not unreasonably deny the student access to varying points of view;
    6. Not deliberately suppress or distort subject matter relevant to the student's progress;
    7. Make reasonable effort to protect the student from conditions harmful to learning or to health and safety;
    8. Make reasonable effort to protect the emotional well-being of the student;
    9. Not intentionally expose the student to embarrassment or disparagement;
    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. Exclude the student from participation in any program;
      2. Deny benefits to the student; or
      3. Grant any advantage to the student;
    11. Not use the educator's professional relationship with the student for private advantage;
    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. Not knowingly make false or malicious statements about students or colleagues;
    14. Ensure interactions with the student take place in transparent and appropriate settings;
    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. Not furnish alcohol or illegal or unauthorized drugs to the student;
    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. Refrain from the use of alcohol while on school or LEA premises or during a school activity at which students are present; and
    19. Maintain a professional approach with the student at all times.

Acts 2010, ch. 916, § 1; 2018, ch. 937, § 1.

NOTES TO DECISIONS

1. Violation.

District proved the ground of unprofessional conduct by the teacher, given the disturbing video footage of the physical struggle between the teacher and a special education student; the teacher's behavior was unbecoming a member of a profession in good standing, plus she violated the Teacher Code of Ethics. Finney v. Franklin Special Sch. Dist. Bd. of Educ., 576 S.W.3d 663, 2018 Tenn. App. LEXIS 571 (Tenn. Ct. App. Sept. 28, 2018), appeal denied, — S.W.3d —, 2019 Tenn. LEXIS 118 (Tenn. Feb. 20, 2019).

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

  1. 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.
  2. In fulfillment of this obligation to the profession, an educator shall not:
    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. Misrepresent the educator's professional qualifications;
    3. Assist entry into the profession of a person known to be unqualified in respect to character, education, or other relevant attribute;
    4. Knowingly make a false statement concerning the qualifications of a candidate for a professional position;
    5. Assist a noneducator in the unauthorized practice of teaching;
    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. Knowingly make false or malicious statements about a colleague;
    8. Accept any gratuity, gift, or favor that might impair or appear to influence professional decisions or actions; and
    9. Use illegal or unauthorized drugs.
  3. In fulfillment of this obligation to the profession, educators shall:
    1. Administer state-mandated assessments fairly and ethically; and
    2. Conduct themselves in a manner that preserves the dignity and integrity of the education profession.

Acts 2010, ch. 916, § 1; 2018, ch. 937, §§ 2, 3.

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.

Acts 2011, ch. 214, § 1.

Compiler's Notes. The URL of the website for the teacher code of ethics is https://www.tn.gov/content/dam/tn/stateboardofeducation/documents/TN_Teacher_Code_of_Ethics.pdf

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

  1. 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.
  2. 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.

Acts 2018, ch. 937, § 4.

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.

Acts 2018, ch. 937, § 5.

Parts 11-55
[Reserved]

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.

Acts 1984 (1st E.S.), ch. 7, § 65; 2017, ch. 402, § 1.

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.

Acts 1984 (1st E.S.), ch. 7, § 66; 1988, ch. 715, § 1.

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

  1. 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.
  2. 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.

Acts 1984 (1st E.S.), ch. 7, § 67; 1987, ch. 308, § 7.

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.

Acts 1984 (1st E.S.), ch. 7, § 68; 2018, ch. 1036, § 2.

49-5-5605. Proficiency tests.

  1. 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 committee of the house of representatives for review and comment.
  2. 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. The applicant has been employed by an LEA for one (1) year or more;
    2. The applicant has favorable recommendations from the local board and local director of schools;
    3. The applicant has a handicapping condition, including dyslexia, that adversely affects the applicant's ability to successfully complete the test;
    4. The applicant has previously been unsuccessful in achieving a passing score on the test; and
    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.

Acts 1984 (1st Ex. Sess.), ch. 7, § 69; 1987, ch. 308, § 8; 1996, ch. 667, § 1; 1996, ch. 978, § 2; 1998, ch. 634, § 1; 2011, ch. 410, § 4(t); 2015, ch. 182, § 40; 2019, ch. 345, § 95.

Compiler's Notes. For the Preamble to the act concerning the prohibition against establishment of a special committee if there is a standing committee on the same subject, please refer to Acts 2011, ch. 410.

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.

Acts 1984 (1st E.S.), ch. 7, § 70; 1984, ch. 829, § 32; 1990, ch. 887, § 1; 1990, ch. 948, § 10; 1999, ch. 12, §§ 1, 2; 1999, ch. 34, § 10.

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

  1. 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.
  2. The department of education shall develop annual performance reports for all approved educator preparation providers.
  3. 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.

Acts 1984 (1st E.S.), ch. 7, § 71; 2003, ch. 315, § 1; 2018, ch. 1036, § 3.

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.

Acts 1994, ch. 985, § 5.

Cross-References. State services for disordered children, § 49-6-6101.

49-5-5609. Report regarding certification by National Board for Professional Teacher Standards.

The commissioner of education shall report to the state board of education the number of Tennessee candidates for certification by the National Board for Professional Teacher Standards and the number attaining the certification.

Acts 1998, ch. 921, § 1; 2019, ch. 248, § 49.

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

  1. All students wishing to enter approved teacher training programs shall be required to:
    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. 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.
  2. 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.
  3. 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.
  4. 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.

Acts 2007, ch. 454, § 1; 2008, ch. 1180, § 1.

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

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

Acts 2011, ch. 135, § 1.

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.

Acts 2013, ch. 46, §  1.

Compiler's Notes. For the Preamble to the act concerning offering coursework on neurological or brain science research, please refer to Acts 2013, ch. 46.

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.

Acts 2016, ch. 660, § 2.

Compiler's Notes. For Preamble to the act regarding the inclusion of religion in instruction and curriculum, please refer to Acts 2016, ch. 660.

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.

Acts 2017, ch. 143, § 1.

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.

Acts 2018, ch. 937, § 6.

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

  1. Each state-board-of-education approved teacher preparation program shall report for each school year:
    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. 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.
  2. 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.
  3. 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.

Acts 2018, ch. 1036, § 1.

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.

Acts 1984 (1st E.S.), ch. 7, § 73; T.C.A., § 49-5-5622.

Code Commission Notes.

This section was renumbered from § 49-5-5622 to § 49-5-5617 by authority of the Code Commission in 2020.

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

  1. 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.
  2. The faculty involvement must include:
    1. Professional learning targeted to or led by pre-k through grade twelve (pre-K-12) educators;
    2. Professional learning focused on local education agency specific educational initiatives;
    3. Direct instruction to pre-k through grade twelve (pre-K-12) students;
    4. Curriculum development;
    5. District level strategic partnerships; or
    6. Direct observation of pre-k through grade twelve (pre-K-12) classrooms.
  3. 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.
  4. 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).
  5. 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.
  6. The state board of education may review educator preparation programs for noncompliance with this section.
  7. This section shall not apply to a solely online college or university.

Acts 1984 (1st E.S.), ch. 7, § 74; 2017, ch. 402, § 2; 2018, ch. 1036, § 4; T.C.A., § 49–5–5631.

Code Commission Notes.

This section was renumbered from § 49-5-5631 to § 49-5-5618 by authority of the Code Commission in 2020.

Part 57
Principal-Administrator Academy

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

  1. 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.
  2. The academy shall be a program of the department and shall be under the management and control of the commissioner.

Acts 1984 (1st E.S.), ch. 7, § 75.

Cross-References. Grand divisions, title 4, ch. 1, part 2.

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

  1. 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.
  2. 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].
  3. 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.
  4. The academy will include summer institutes especially for school principals and administrators provided at several sites in the three (3) grand divisions.
  5. 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.

Acts 1984 (1st E.S.), ch. 7, § 76; 1994, ch. 985, § 6.

Cross-References. Grand divisions, title 4, ch. 1, part 2.

State services for disordered children, § 49-6-6101.

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

  1. 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.
  2. 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.

Acts 1984 (1st E.S.), ch. 7, § 77; 1990, ch. 948, § 29; 1996, ch. 643, § 1; 1998, ch. 999, § 1.

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.

Acts 1984 (1st E.S.), ch. 7, § 78; 1986, ch. 933, § 17.

49-5-111. Educational assistants.

49-5-506. Local standards may apply.

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

Chapter 6
Elementary and Secondary Education

Part 1
Preschools

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

  1. 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.
  2. 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.
    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. State funds appropriated for grades kindergarten through twelve (K-12) and any local funds that are required for participation in the basic education program shall not be used for preschool purposes.
    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.
  3. 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.
  4. 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.
    1. Through a system of competitive grants and technical assistance provided as funding is available, the department of education may establish, administer, and monitor programs of community-based early childhood education and pre-kindergarten programs to serve at least five thousand (5,000) children; provided, that the pilot pre-kindergarten programs established pursuant to this section shall be funded at the same level as the funding for pre-kindergarten programs implemented pursuant to the Voluntary Pre-K for Tennessee Act of 2005, compiled in this part. Such programs shall be designed to address comprehensively the educational needs, including cognitive, physical, social and emotional, of children who are not otherwise eligible for similar programs or who do not have access to such programs. The programs shall serve:
      1. Dependent children, as defined by § 49-7-102(c), who are four (4) 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 as defined by § 49-7-102(c), or was formerly a prisoner of war or missing in action under such circumstances, who can present the following:
        1. 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. 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 and eighty (180) days prior to applying for services under this subdivision (f)(1);
      2. Children who are four (4) years of age on or before August 15 and from families with incomes that meet the eligibility requirements for free and reduced lunch as determined pursuant to 42 U.S.C. § 1771; and
      3. Subject to availability of space and resources:
        1. Children who are three (3) and four (4) years of age and who are screened and identified as educationally at-risk, determined pursuant to 20 U.S.C. § 1400 et seq.;
        2. Children who are three (3) and four (4) years of age who have been in the Tennessee Early Intervention Program (TEIS) or Even Start program; and
        3. Children three (3) years of age and from families with incomes that meet the eligibility requirements for free and reduced lunch as determined pursuant to 42 U.S.C. § 1771.
    2. Enrollment in the program shall be voluntary.
    3. 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 childcare providers and Head Start programs. LEAs shall not contract or collaborate with any childcare 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.
    4. The distribution of early childhood education and pre-kindergarten programs shall be developed in phases based on availability of funding and resources. Selection of early childhood education and pre-kindergarten program sites shall take into consideration the areas of greatest need, which may be determined by, but not limited to:
      1. School service areas with high percentages of children from families with incomes that meet the eligibility requirements for free and reduced lunch as determined pursuant to 42 U.S.C. § 1771;
      2. Access to early childhood education and pre-kindergarten programs within the county; or
      3. Service areas of schools that have been determined to be on notice or probation, as defined by § 49-1-602.
    5. All early childhood education and pre-kindergarten programs established under this subsection (f) shall be developed through a collaborative effort of the departments of education, health, mental health and substance abuse services, intellectual and developmental disabilities, children's services and human services, and shall build upon resources and services within the community. Efforts should be made by the interdepartmental group to inform eligible families about enrollment in the early childhood education and pre-kindergarten programs, to address the health and social needs of children and to assist working families to meet extended day child care needs.
    6. Effective with fiscal year 2005-2006, the LEA may include in its application a request for funding pursuant to the requirements of §§ 49-6-103 — 49-6-110, for any existing pilot pre-kindergarten program established under this subsection (f); provided, however, that 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.
    7. All provisions of this subsection (f) are subject to appropriation of funds for that purpose. No provision of this subsection (f) shall be considered an entitlement to any service or program authorized by this subsection (f) unless funds are appropriated for such purpose.

Acts 1945, ch. 101, §§ 1, 2; C. Supp. 1950, §§ 2475.4, 2475.5; Acts 1963, ch. 292, § 1; 1974, ch. 654, § 122; T.C.A. (orig. ed.), §§ 49-2301 — 49-2303; Acts 1984 (1st E.S.), ch. 6, § 18; 1994, ch. 974, § 6; 1996, ch. 954, § 1; 2003, ch. 110, § 1; 2003, ch. 298, § 4; 2005, ch. 312, §§ 2, 3; 2007, ch. 475, § 1; 2009, ch. 226, § 1; 2010, ch. 1100, § 73; 2012, ch. 575, § 1; 2014, ch. 972, § 1; 2019, ch. 248, § 50.

Compiler's Notes. Acts 2010, ch. 1100, § 153 provided that the commissioner of mental health and developmental disabilities, the commissioner of mental health, the commissioner of intellectual and developmental disabilities, and the commissioner of finance and administration are authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Section 49-6-109, which is part of the span referred to in this section, was repealed by Acts 2016, ch. 684, § 8, effective March 24, 2016.

Cross-References. English deemed official and legal language, § 4-1-404.

Healthy start pilot program, § 37-3-703.

Home schools, § 49-6-3050.

Jurisdiction over preschool teacher licenses, § 49-5-108.

Restrictions on locating prisoner and probationer work release residential facilities near schools, orphanages, day care centers, § 41-22-128.

Schools and teachers in loco parentis, § 49-6-4203.

Schools or day care centers, change in physical custody of child, § 36-6-105.

Services to families of  preschool children with disabilities, development of incentives, § 71-4-2201.

Law Reviews.

Education and the Court: The Supreme Court's Educational Ideology, 40 Vand. L. Rev. 939 (1987).

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.”

Acts 2005, ch. 312, § 1.

Compiler's Notes. Section 49-6-109, which is part of the span referred to in this section, was repealed by Acts 2016, ch. 684, § 8, effective March 24, 2016.

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

  1. 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.
  2. 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.
  3. Implementation of these programs by LEAs shall be voluntary.

Acts 2005, ch. 312, § 1; 2016, ch. 703, § 1.

Compiler's Notes. Section 49-6-109, which is part of the span referred to in this section, was repealed by Acts 2016, ch. 684, § 8, effective March 24, 2016.

49-6-104. Enrollment in pre-kindergarten programs for at risk children — Requirements of programs.

  1. Each LEA is authorized to and may provide for enrollment in prekindergarten programs for any at-risk child residing in the geographic area served by the LEA who is four (4) years of age, or who will become four (4) years of age, on or before August 31 for the 2013-2014 school year and on or before August 15 for all school years thereafter. Any child may enroll in a program when an insufficient number of at-risk children are enrolled to fill a specific classroom.
  2. Programs operated pursuant to §§  49-6-103 — 49-6-110 shall comply with the following requirements:
    1. A maximum class size of twenty (20);
    2. At least one (1) licensed teacher per classroom certified in early childhood education;
    3. At least one (1) educational assistant per classroom who holds a child development associate credential (CDA) or associate degree in early childhood education, or who is actively working toward acquiring such credentials; provided, however, that if no person with such credentials is available, then educational assistants who hold a high school diploma and have relevant experience working with children in pre-kindergarten or other early childhood programs may be employed;
    4. A daily minimum of five and one-half (5½) hours of quality instructional time;
    5. Use of an educational, age-appropriate curriculum that is aligned with the state department of education approved early learning standards and that includes, but is not limited to, literacy, writing, math and science skills;
    6. A developmental learning program that addresses the cognitive, physical, emotional, social and communication areas of child development;
    7. Meet the criteria for a “highly qualified pre-kindergarten program” as identified by the department of education; and
    8. Rules promulgated and policies adopted by the state board of education related to early childhood education and pre-kindergarten programs.

Acts 2005, ch. 312, § 1; 2013, ch. 85, § 1; 2016, ch. 703, § 2.

Compiler's Notes. Section 49-6-109, which is part of the span referred to in this section, was repealed by Acts 2016, ch. 684, § 8, effective March 24, 2016.

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

  1. 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.
  2. 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.
  3. The commissioner of education shall establish the system for submitting applications and, subject to available funding, programs shall be approved on a competitive basis.
  4. An LEA shall include as part of its application:
    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. A plan for engaging parents and families of voluntary pre-kindergarten students throughout the school year; and
    3. A plan for delivering relevant and meaningful professional development to voluntary pre-kindergarten teachers, specific to ensuring a high quality pre-kindergarten experience.
    1. 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. [Deleted by Acts 2019, ch. 376, § 1, effective January 1, 2020.]
  5. Each LEA shall notify all teachers evaluated using a growth portfolio model of training and professional development opportunities available on growth portfolio models.
  6. 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.
    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 school year.
    2. This subsection (h) does not prohibit an LEA 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, for the 2019-2020 school year.
    3. If an LEA chooses to evaluate its pre-kindergarten and kindergarten teachers, for the 2019-2020 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, then a teacher's evaluation score 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, shall only be used to evaluate the teacher if such use results in a higher evaluation score for the teacher.

Acts 2005, ch. 312, § 1; 2016, ch. 703, § 3; 2018, ch. 751, §§ 1, 2; 2019, ch. 376, § 1; 2020, ch. 652, § 3.

Compiler's Notes. For the Preamble to the act concerning the pre-kindergarten and kindergarten portfolio student assessment system, see Acts 2018, ch. 751.

Section 49-6-109, which is part of the span referred to in this section, was repealed by Acts 2016, ch. 684, § 8, effective March 24, 2016.

For the Preamble to the act concerning severe weather, tornadoes and the COVID-19 threat, see Acts 2020, ch. 652.

Acts 2020, ch. 652, § 13 provided that: “(a) The department of education shall promptly seek a waiver from the United States Department of Education, or seek to amend Tennessee's Every Student Succeeds Act (ESSA) Plan, as necessary and appropriate to implement chapter 652 of the Public Acts of 2020.

“(b) The state board of education shall promptly revise the high school graduation requirements for the 2019-2020 school year to ensure that high school seniors who were affected by school closures during the spring of the 2019-2020 school year do not fail to receive a high school diploma for which the student was on-track and otherwise eligible to receive on or before April 2, 2020.

“(c) The state board of education shall consult with the department of education, Tennessee higher education commission, and public institutions of higher education to develop guidance, resources, and opportunities for high school students who were enrolled in dual credit or dual enrollment courses during the spring of the 2019-2020 school year, and who were adversely affected by school closures due to COVID-19.

“(d) Notwithstanding Tennessee Code Annotated, Section 4-5-208(a):

“(1) The state board of education may promulgate emergency rules as necessary to address any issues created by school closures due to the outbreak of COVID-19 during the 2019-2020 school year. The rules must be promulgated according to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; and

“(2) The Tennessee student assistance corporation and public institutions of higher education may promulgate emergency rules to protect the financial aid and credit opportunities for high school students who were enrolled in dual credit or dual enrollment courses during the spring of the 2019-2020 school year, and who were adversely affected by school closures due to COVID-19.”

Amendments. The 2020 amendment added (h).

Effective Dates. Acts 2020, ch. 652, § 14. April 2, 2020.

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

  1. 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.
  2. 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.

Acts 2005, ch. 312, § 1.

Compiler's Notes. Section 49-6-109, which is part of the span referred to in this section, was repealed by Acts 2016, ch. 684, § 8, effective March 24, 2016.

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

  1. Programs established under §§  49-6-103 — 49-6-110 shall be subject to annual appropriations.
  2. 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 Basic Education Program (BEP) funding formula, shall include the same costs per component in recommending the amount of funding per classroom.
  3. 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 applicable state and local BEP classroom component ratio in effect for the LEA in which the program is located. 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.
  4. 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.
  5. 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.

Acts 2005, ch. 312, § 1.

Compiler's Notes. Section 49-6-109, which is part of the span referred to in this section, was repealed by Acts 2016, ch. 684, § 8, effective March 24, 2016.

49-6-108. Office of early learning.

There is established within the department of education an office of early learning. The office shall:

  1. Administer the pre-kindergarten classroom application process;
  2. Provide oversight, monitoring, technical assistance, coordination and training for pre-kindergarten classroom providers;
  3. Serve as a clearinghouse for information and best practices related to pre-kindergarten programs;
  4. Coordinate activities and promote collaboration with other departments of state government in developing and supporting pre-kindergarten programs;
  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;
  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 students served. The annual report shall be posted on the department of education, office of early learning website to provide public access to the report; and
  7. Annually make available to each LEA the applications submitted by the top performing pre-K programs across the state as determined by the ability to meet the criteria of being a highly qualified pre-K program, the results of site visits, and other indicators as determined by the department of education.

Acts 2005, ch. 312, § 1; 2010, ch. 836, § 1; 2016, ch. 703, § 4.

Compiler's Notes. Section 49-6-109, which is part of the span referred to in this section, was repealed by Acts 2016, ch. 684, § 8, effective March 24, 2016.

49-6-109. [Reserved.]

For the programs authorized by §§ 49-6-10349-6-110, 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.

Acts 2005, ch. 312, § 1.

Compiler's Notes. Section 49-6-109, which is part of the span referred to in this section, was repealed by Acts 2016, ch. 684, § 8, effective March 24, 2016.

Part 2
Kindergarten

49-6-201. Minimum Kindergarten Program Law.

  1. This section shall be known and may be cited as the “Minimum Kindergarten Program Law.”
  2. The minimum standards for kindergarten programs in the public school system shall be as follows:
    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. 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. Children entering kindergarten must be five (5) years of age on or before August 15 each school year;
    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. The employment of adult aides or teacher's aides for kindergarten is within the discretion of the local board of education.
  3. 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.
  4. 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.

Acts 1973, ch. 193, §§ 1-3; 1974, ch. 534, § 1; 1979, ch. 244, § 1; T.C.A., §§ 49-2304 — 49-2306; Acts 1984, ch. 870, § 1; 1987, ch. 308, § 30; 1992, ch. 535, §§ 28-30; 1993, ch. 202, §§ 1, 2; 2012, ch. 991, § 1; 2019, ch. 248, §§ 51-53.

Cross-References. Character education, § 49-6-1007.

Delivery, sale or possession of jimsonweed on school premises prohibited, § 39-17-426.

English deemed official and legal language, § 4-1-404.

Home schools, § 49-6-3050.

Restrictions on locating prisoner and probationer work release residential facilities near schools, orphanages, day care centers, § 41-22-128.

Schools and teachers in loco parentis, § 49-6-4203.

Schools or day care centers, change in physical custody of child, § 36-6-105.

Teachers' aides, entitlement and funding for kindergarten, § 49-3-306.

Toxic art supply restrictions for kindergartens, title 49, ch. 50, part 12.

Part 3
Elementary, Middle and Secondary Schools Generally

49-6-301. “Schools” defined.

  1. “Elementary schools” are schools serving any combination of kindergarten through grade six (K-6).
  2. “Middle schools” are schools designed to serve grades five through eight (5-8) only, or any combination of grades five through eight (5-8).
  3. “Elementary and secondary” and “elementary or secondary” include elementary, middle and high school grades.

Acts 1978, ch. 502, § 1; T.C.A., § 49-1002; Acts 2003, ch. 285, § 1; 2012, ch. 551, §§ 1-3.

Cross-References. Abatement of fire violations, § 68-120-109.

Character education, § 49-6-1007.

Delivery, sale or possession of jimsonweed on school premises prohibited, § 39-17-426.

English deemed official and legal language, § 4-1-404.

Home schools, § 49-6-3050.

Restrictions on locating prisoner and probationer work release residential facilities near schools, orphanages, day care centers, § 41-22-128.

Schools and teachers in loco parentis, § 49-6-4203.

Schools or day care centers, change in physical custody of child, § 36-6-105.

Toxic art supply prohibitions for grades 1 to 6, title 49, ch. 50, part 12.

Youth-related sport injuries, title 68, ch. 55, part 5.

Law Reviews.

Federalizing Education by Waiver?, 68 Vand. L. Rev. 607  (2015).

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

  1. 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.
  2. 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.
  3. A school shall not be established with fewer than ten (10) students in average daily attendance.
  4. Local school district boards of education shall designate the schools that pupils shall attend.
  5. 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.
  6. Any county board of education may admit to the elementary schools pupils resident in another county, as provided in § 49-6-3104.

Acts 1925, ch. 115, § 13; Shan. Supp., §§ 1487a85, 1487a87, 1487a88; Code 1932, §§ 2376, 2378, 2379; Acts 1957, ch. 9, § 2; 1957, ch. 142, § 1; 1974, ch. 654, §§ 45-47; T.C.A. (orig. ed.), §§ 49-1001, 49-1004, 49-1006; Acts 2019, ch. 248, § 54.

Cross-References. Abatement of fire violations, § 68-120-109.

Assignment of pupils, title 49, ch. 6, parts 31 and 32.

Basic curriculum, title 49, ch. 6, parts 10 and 12.

Law Reviews.

Symposium — Memphis in the Law: A Memphis Dilemma: A Half-Century of Public Education Reform in Memphis and Shelby County From Desegregation to Consolidation (Daniel Kiel), 41 U. Mem. L. Rev. 787 (2011).

Attorney General Opinions. Municipality must offer new grade levels to all eligible children, OAG 98-090, 1998 Tenn. AG LEXIS 90 (4/15/98); OAG 98-132, 1998 Tenn. AG LEXIS 132 (7/28/98).

NOTES TO DECISIONS

1. Discretion of Board.

The county board of education is vested with discretion with respect to the consolidation of schools and the courts will not interfere with the judgment of the board in such matters where such board has not acted illegally. State ex rel. Sims v. Reagan, 175 Tenn. 607, 136 S.W.2d 521, 1939 Tenn. LEXIS 80 (1940).

49-6-303. School counselors.

    1. Each LEA shall employ or contract with school counselors for pre-kindergarten through grade twelve (pre-K-12).
    2. The school counseling program shall be established and operated under guidelines adopted by the state board of education.
    3. The state board of education shall report on the implementation and effectiveness of the program in its annual report to the general assembly.
  1. 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. 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. 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. Offer services related to the identification and placement of children with handicapping conditions;
    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. Serve as a resource in decreasing discipline problems through an understanding of peer relations, teacher-pupil relations, social awareness and drug awareness;
    6. Aid in improving school attendance and retention by implementing an early identification and prevention program for potential attendance and retention problems;
    7. Serve as a resource in decreasing the incidence of juvenile delinquency by early intervention through guidance and counseling services;
    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. Provide an available source for youngsters needing someone to just listen to their problems or concerns; and
    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.
  2. The minimum requirement to be employed as a school counselor shall be an appropriate license granted by the state board of education.
  3. 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.

Acts 1985, ch. 472, § 1; 1999, ch. 256, § 1; 1999, ch. 367, § 3; 1999, ch. 372, §§ 1-5; 2017, ch. 18, § 1.

Cross-References. Reporting requirements satisfied by notice to general assembly members of publication of report, § 3-1-114.

Conflict resolution intervention programs, § 49-2-118.

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

  1. 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.
  2. 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.
  3. 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.

Acts 2016, ch. 802, § 1.

49-6-305. Patriotic societies.

  1. 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.
  2. 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.
  3. 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.
  4. 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.

Acts 2016, ch. 807, § 1.

49-6-306. Scholars Summer Guide.

  1. 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.
  2. 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. Curriculum covered during the previous year that requires continued retention and repetition for students;
    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. Summer reading and assignments.
  3. 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.

Acts 2018, ch. 553, § 1.

Compiler's Notes. Acts 2018, ch. 553, § 2 provided that the act, which enacted this section, shall apply to the 2018-2019 school year and every school year thereafter.

For the Preamble to the act concerning summer learning loss and the benefits of preparing for the upcoming school year, see Acts 2018, ch. 553.

49-6-307. Scholars prep guide.

  1. 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.
  2. 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.
  3. 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.

Acts 2018, ch. 882, § 1.

Compiler's Notes. Acts 2018, ch. 882, § 2 provided that the act, which enacted this section, shall apply to the 2019-2020 school year and each school year thereafter.

For the Preamble to the act concerning student preparation, please see Acts 2018, ch. 882.

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

  1. 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. One (1) school from each grand division;
    2. At least one (1) urban, one (1) rural, and one (1) suburban school;
    3. At least one (1) school that primarily serves a minority population; and
    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.
  2. 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.
  3. 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.
  4. 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.
  5. Throughout the program, the department shall collect and analyze:
    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. 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. 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. 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. 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).
  6. 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 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.

Acts 2018, ch. 946, § 1; 2019, ch. 345, § 96.

Cross-References. Grand divisions, title 4, ch. 1, part 2.

49-6-309. Waivers of state board rule or statute that inhibit or hinder LEA's goals or missions due to outbreak of COVID-19 — Reports. [Effective until March 1, 2021.]

  1. Notwithstanding § 49-1-201(d), upon application by an LEA for one (1) or more of the LEA's schools, and upon the approval of the state board of education, the commissioner of education shall waive a state board rule or statute that inhibits or hinders the LEA's ability to meet the LEA's goals or comply with the LEA's mission due solely to the outbreak of COVID-19 during the spring semester of the 2019-2020 school year.
  2. The commissioner shall not waive § 49-6-6014, § 49-1-302(d)(2)(F)-(G), § 49-6-105(h), § 49-1-617(d), § 49-1-228(f), § 49-1-602(a)(5), § 49-6-408(g), § 49-6-3004(a)(6)(B), § 49-3-317(a)(2), § 49-6-6001(k), § 49-6-6012, or any of the emergency rules promulgated by the state board of education to effectuate chapter 652 of the Public Acts of 2020.
    1. The commissioner shall submit a report to the education committees of the senate and the house of representatives no later than February 28, 2021, on the implementation and use of this section.
    2. The report required under subdivision (c)(1) must identify the substance of each waiver request submitted to the commissioner; whether the LEA's request for a waiver was approved by the state board of education; and the effect of the waiver on the receiving LEA.
    3. The chairs of the education committees of the senate and the house of representatives may request interim reports from the commissioner on the implementation and use of this section before February 28, 2021.
  3. This section is repealed on March 1, 2021.

Acts 2020, ch. 652, § 12.

Compiler's Notes. For the Preamble to the act concerning severe weather, tornadoes and the COVID-19 threat, see Acts 2020, ch. 652.

Acts 2020, ch. 652, § 13 provided that: “(a) The department of education shall promptly seek a waiver from the United States Department of Education, or seek to amend Tennessee's Every Student Succeeds Act (ESSA) Plan, as necessary and appropriate to implement this act.

“(b) The state board of education shall promptly revise the high school graduation requirements for the 2019-2020 school year to ensure that high school seniors who were affected by school closures during the spring of the 2019-2020 school year do not fail to receive a high school diploma for which the student was on-track and otherwise eligible to receive on or before April 2, 2020.

“(c) The state board of education shall consult with the department of education, Tennessee higher education commission, and public institutions of higher education to develop guidance, resources, and opportunities for high school students who were enrolled in dual credit or dual enrollment courses during the spring of the 2019-2020 school year, arid who were adversely affected by school closures due to COVID-19.

“(d) Notwithstanding Tennessee Code Annotated, Section 4-5-208(a):

“(1) The state board of education may promulgate emergency rules as necessary to address any issues created by school closures due to the outbreak of COVID-19 during the 2019-2020 school year. The rules must be promulgated according to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; and

“(2) The Tennessee student assistance corporation and public institutions of higher education may promulgate emergency rules to protect the financial aid and credit opportunities for high school students who were enrolled in dual credit or dual enrollment courses during the spring of the 2019-2020 school year, and who were adversely affected by school closures due to COVID-19.”

Effective Dates. Acts 2020, ch. 652, § 14. April 2, 2020.

Part 4
Junior and Senior High Schools Generally

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

  1. “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).
  2. “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).

Acts 1925, ch. 115, § 14; Shan. Supp., § 1487a93; Code 1932, § 2384; Acts 1931, ch. 71, § 1; C. Supp. 1950, §§ 2393.2, 2393.3; Acts 1980, ch. 498, §§ 1, 2; T.C.A. (orig. ed.), §§ 49-1102, 49-1103.

Cross-References. Delivery, sale or possession of jimsonweed on school premises prohibited, § 39-17-426.

English deemed official and legal language, § 4-1-404.

Home schools, § 49-6-3050.

Restrictions on locating prisoner and probationer work release residential facilities near schools, orphanages, day care centers, § 41-22-128.

Schools and teachers in loco parentis, § 49-6-4203.

Schools or day care centers, change in physical custody of child, § 36-6-105.

Youth-related sport injuries, title 68, ch. 55, part 5.

Law Reviews.

Federalizing Education by Waiver?, 68 Vand. L. Rev. 607  (2015).

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.

Acts 1931, ch. 71, § 1; C. Supp. 1950, § 2393.4; Acts 1974, ch. 654, § 49; T.C.A. (orig. ed.), § 49-1104.

Cross-References. Duty of county legislative body to maintain school, § 49-2-101.

Supervision by commissioner of education, § 49-1-201.

NOTES TO DECISIONS

1. Location by Special Act.

The general assembly may by special act direct the establishment of a high school at a particular locality. Morgan County Board of Education v. State, 165 Tenn. 56, 52 S.W.2d 165, 1931 Tenn. LEXIS 169 (1932).

Though special act establishing a high school set forth that the school should comply with all general laws now governing such a school, the intent was that such school should conform to regulations of the general law, including those to be afterwards enacted as amendments to the general school law. Morgan County Board of Education v. State, 165 Tenn. 56, 52 S.W.2d 165, 1931 Tenn. LEXIS 169 (1932).

49-6-403. Attendance.

  1. 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.
    1. No junior high school shall be established and maintained with fewer than one hundred (100) pupils in average daily attendance.
      1. No senior high school shall be established and maintained with fewer than three hundred (300) pupils in average daily attendance.
      2. 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. 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. Nothing in this part shall be construed as abolishing any high school now established.
      5. 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.
  2. Local boards of education shall designate the schools that the pupils shall attend.
  3. 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.
  4. High school pupils residing in one county may be admitted to the high schools of another county, as provided by § 49-6-3104.
  5. Every 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 system attended; however, pursuant to board policy, a child of a teacher residing outside the state may attend a school within the school district where the nonresident teacher is employed at no tuition charge. This tuition shall be paid to the bonded fiscal agent of the respective school system to be placed to the credit of the respective school fund. These pupils shall not be counted in computing the average daily attendance for purposes of receiving state school funds.
  6. 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.

Acts 1925, ch. 115, § 14; Shan. Supp., §§ 1487a94, 1487a96, 1487a98, 1487a101, 1487a102; Code 1932, §§ 2385, 2387, 2389, 2392, 2393; Acts 1931, ch. 71, § 1; 1937 (2nd E.S.), ch. 6, § 1; 1937 (3rd E.S.), ch. 15, § 1; 1943, ch. 65, § 1; 1945, ch. 162, § 1; C. Supp. 1950, §§ 2393.7, 2393.9, 2393.12, 2393.14, 2393.15; modified; Acts 1957, ch. 9, § 3; 1957, ch. 145, § 1; 1961, ch. 137, § 1; 1972, ch. 693, § 12; 1974, ch. 654, § 50; 1980, ch. 498, §§ 3, 4; T.C.A. (orig. ed.), §§ 49-1105, 49-1107 — 49-1109, 49-1113; Acts 2007, ch. 545, § 1; 2019, ch. 248, § 55.

Cross-References. Assignment of pupils, title 49, ch. 6, parts 31 and 32.

Support of child over 18 in high school, § 34-1-102.

Textbooks. Tennessee Jurisprudence, 18 Tenn. Juris., Mandamus, § 9.

Law Reviews.

Symposium — Memphis in the Law: A Memphis Dilemma: A Half-Century of Public Education Reform in Memphis and Shelby County From Desegregation to Consolidation (Daniel Kiel), 41 U. Mem. L. Rev. 787 (2011).

Attorney General Opinions. Establishment and maintenance of a senior high school.  OAG 11-59, 2011 Tenn. AG LEXIS 61 (7/18/11).

NOTES TO DECISIONS

1. Effect of Previous School Mergers.

When grades 10, 11 and 12 were transferred by the county board of education from one high school and combined with another high school, the first high school merged with the second and ceased to exist. Thus, when the board sought to reestablish and maintain the first senior high school with fewer than 300 pupils in average daily attendance, the board was required, before establishing the senior high school, to have prior approval from the commissioner of education and the state board of education under T.C.A. § 49-6-403. Humphreys County Bd. of Education v. Logan, 622 S.W.2d 553, 1981 Tenn. App. LEXIS 481 (Tenn. Ct. App. 1981).

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.

Acts 1925, ch. 115, § 14; Shan. Supp., § 1487a97; Code 1932, § 2388; Acts 1931, ch. 71, § 1; C. Supp. 1950, § 2393.10; T.C.A. (orig. ed.), § 49-1112; Acts 1987, ch. 308, § 31.

49-6-405. Promotion and graduation.

  1. 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.
    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. 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.
  2. 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.

Acts 1925, ch. 115, § 14; Shan. Supp., § 1487a100; Code 1932, § 2391; Acts 1931, ch. 71, § 1; C. Supp. 1950, § 2393.13; T.C.A. (orig. ed.), § 49-1116; Acts 1985, ch. 367, § 1.

Cross-References. Requirement for successful completion of proficiency test to receive full diploma, § 49-6-6001.

Signing by county director of schools, § 49-2-301.

Attorney General Opinions. Correspondence school diploma not a high school diploma, 98-071 (3/26/98).

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.

Acts 1981, ch. 16, § 1; T.C.A., § 49-1120.

Cross-References. Institutions of higher education, military career and educational opportunity information to be provided, § 49-7-111.

49-6-407. Uniform grading system.

  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). Students' grades shall be reported for the purposes of application for postsecondary financial assistance administered by the Tennessee student assistance corporation using the uniform grading system. Beginning with the 2019-2020 school year, the state board of education shall not modify the uniform grading system more than once every two (2) years.
  2. The state board of education shall develop a uniform grading system for students enrolled in grades kindergarten through eight (K-8) that LEAs may adopt and implement. Beginning with the 2019-2020 school year, the state board of education shall not modify the uniform grading system more than once every two (2) years.

Acts 2004, ch. 679, § 2; 2014, ch. 723, § 1; 2016, ch. 957, § 1; 2018, ch. 920, § 1; 2019, ch. 248, § 56; 2019, ch. 414, §§ 1, 2.

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

  1. 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.
  2. 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.
  3. 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.
  4. A student must correctly answer at least seventy percent (70%) of the questions to receive a passing score on the test.
  5. 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).
  6. 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.
  7. 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.

Acts 2015, ch. 499, § 1; 2019, ch. 442, §§ 1-5; 2020, ch. 652, § 7.

Code Commission Notes.

Former § 49-6-408, concerning a two-year pilot program to provide certified athletic trainers in public high schools, was deleted as obsolete by authority of the code commission in 2013.

Compiler's Notes. For the Preamble to the act concerning severe weather, tornadoes and the COVID-19 threat, see Acts 2020, ch. 652.

Acts 2020, ch. 652, § 13 provided that: “(a) The department of education shall promptly seek a waiver from the United States Department of Education, or seek to amend Tennessee's Every Student Succeeds Act (ESSA) Plan, as necessary and appropriate to implement chapter 652 of the Public Acts of 2020.

“(b) The state board of education shall promptly revise the high school graduation requirements for the 2019-2020 school year to ensure that high school seniors who were affected by school closures during the spring of the 2019-2020 school year do not fail to receive a high school diploma for which the student was on-track and otherwise eligible to receive on or before April 2, 2020.

“(c) The state board of education shall consult with the department of education, Tennessee higher education commission, and public institutions of higher education to develop guidance, resources, and opportunities for high school students who were enrolled in dual credit or dual enrollment courses during the spring of the 2019-2020 school year, and who were adversely affected by school closures due to COVID-19.

“(d) Notwithstanding Tennessee Code Annotated, Section 4-5-208(a):

“(1) The state board of education may promulgate emergency rules as necessary to address any issues created by school closures due to the outbreak of COVID-19 during the 2019-2020 school year. The rules must be promulgated according to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; and

“(2) The Tennessee student assistance corporation and public institutions of higher education may promulgate emergency rules to protect the financial aid and credit opportunities for high school students who were enrolled in dual credit or dual enrollment courses during the spring of the 2019-2020 school year, and who were adversely affected by school closures due to COVID-19.”

Amendments. The 2020 amendment added (g).

Effective Dates. Acts 2020, ch. 652, § 14. April 2, 2020.

49-6-409. Adult education — Minimum number of contact hours.

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.

Acts 2007, ch. 213, § 1.

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

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

Acts 2012, ch. 551, § 4.

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

  1. 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.
  2. 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.

Acts 2012, ch. 656, § 1.

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

  1. An LEA shall make an interest inventory such as the Kuder assessment, Myers-Briggs Type Indicator(R) 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.
    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. 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).

Acts 2012, ch. 918, § 1; 2016, ch. 999, § 4; 2019, ch. 108, § 1.

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

  1. 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).
  2. 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.
  3. 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.

Acts 2016, ch. 831, § 1.

49-6-414. Early postsecondary credit courses — Notification of early college and career experiences.

  1. 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.
  2. LEAs are encouraged to partner with other LEAs or institutions of higher education to provide early postsecondary credit courses.
  3. Each LEA shall:
    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. 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. Provide a list of all early college and career experiences offered by the LEA for the upcoming school year on the LEA's website.
  4. 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.
  5. As used in this section:
    1. “Early college and career experiences” include, but are not limited to, early postsecondary opportunities, as defined by the department of education, work-based learning opportunities, apprenticeships, dual credit courses, dual enrollment courses, and courses and examinations for which a student may earn college credit; and
    2. “Parent” means the parent, guardian, or legal custodian who is required under § 49-6-3001 to enroll the child in school.

Acts 2017, ch. 450, § 1; 2019, ch. 274, § 1.

49-6-415. Recovery high schools.

  1. As used in this section:
    1. “Home district” means the LEA in which a student is enrolled full-time prior to enrollment in a recovery high school; and
    2. “Recovery high school” means a public school:
      1. 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. That provides a high school education that leads to a diploma in compliance with the rules of the state board of education; and
      3. With a structured plan of recovery for the students.
  2. 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.
  3. Recovery high schools shall be operated pursuant to rules of the state board of education promulgated pursuant to this section.
  4. Enrollment in a recovery high school shall be voluntary.
  5. 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.
  6. 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.
  7. If an out-of-district student enrolls in a recovery high school, the per pupil state and local funds generated and required through the basic education program for the student's home district shall follow the student into the LEA in which the recovery high school is located.
  8. 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.
  9. 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.
  10. 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.
  11. 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.
  12. 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.
  13. 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. An analysis of the recovery high school's educational outcomes;
    2. The overall high school graduation rate;
    3. The retention rate of teachers and students;
    4. Student performance in courses required to graduate, as determined by the state board of education;
    5. Student achievement data based on state assessments; and
    6. The number of students attending a postsecondary institution.
  14. 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.

Acts 2018, ch. 569, § 1.

Compiler's Notes. Acts 2018, ch. 569 § 2 provided that the act, which enacted this section, shall apply to the 2018-2019 school year and each school year thereafter.

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.

Acts 2018, ch. 948, § 1.

49-6-417. Provision of feminine hygiene products for student use.

  1. As used in this section:
    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. “Feminine hygiene product”:
      1. Means any product to be used by women with respect to menstruation or other genital-tract secretions; and
      2. Includes tampons and sanitary napkins.
  2. 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.

Acts 2019, ch. 484, § 1.

49-6-418. Career-based experience.

  1. 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.
    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. An LEA may establish partnerships with industry and local businesses to provide career-based experiences to the LEA's high school students.

Acts 2020, ch. 527, § 1.

Compiler's Notes. For the Preamble to the act concerning career-based experiences for students, see Act 2020, ch. 527.

Effective Dates. Acts 2020, ch. 527, § 2. March 6, 2020.

49-6-419 — 49-6-450. [Reserved.]

  1. 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.
  2. Failure of an LEA to comply with this section is not a defense to the issuance of an order of denial.

Acts 1989, ch. 64, § 13.

Cross-References. School term, teaching of provisions of Juvenile Offender Act, § 49-6-3004.

Part 5
Night Schools

49-6-501. Night schools generally.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. Full and complete reports of all night schools shall be made by the boards of education on forms furnished by the board of education.

Acts 1925, ch. 115, § 22; Shan. Supp., §§ 1487a157-1487a160; Code 1932, §§ 2484-2487; Acts 1974, ch. 654, §§ 123-125; 1981, ch. 117, § 8; T.C.A. (orig. ed.), §§ 49-2501 — 49-2504; Acts 1984 (1st E.S.), ch. 6, § 19; 2005, ch. 200, §§ 2, 3.

Cross-References. Power of local board to establish night schools, § 49-2-203.

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.

Acts 1986, ch. 690, § 1.

Part 7
After School Educational Programs

49-6-701. Grants and technical assistance — LEAP grant fund.

  1. 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.
  2. 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.
  3. 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.
    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. 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.
  4. 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.

Acts 2004, ch. 953, § 1; 2008, ch. 1175, § 1.

Cross-References. Youth-related sport injuries, title 68, ch. 55, part 5.

49-6-702. Awards — Eligibility — Focus of programs — Lottery-funded programs.

  1. 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.
  2. 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. Reading skills development and enhancement;
    2. Math or science skills development and enhancement;
    3. Academic mentoring or tutorial assistance; and
    4. Sports or leisure opportunities.
  3. 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. Qualify for free and reduced lunch pursuant to 42 U.S.C. § 1771;
    2. Are at risk of educational disadvantage and failure due to circumstances of abuse, neglect or disability;
    3. Are at risk of state custody due to family dysfunction;
    4. Are enrolled in and attending a public school failing to make adequate yearly progress;
    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. Are at risk of failing one (1) or more subjects or are behind grade level by at least one (1) year.
  4. The commissioner of education shall encourage lottery-funded after-school programs to provide extended learning that is complementary to school curricula.

Acts 2004, ch. 953, § 1; 2005, ch. 425, §§ 1-3; 2010, ch. 854, § 1.

49-6-703. [Repealed]

Acts 2004, ch. 953, § 1; 2010, ch. 838, § 1; 2011, ch. 410, § 9(d); 2013, ch. 236, § 64; 2015, ch. 182, § 41; repealed by Acts 2018, ch. 725, § 31, effective April 18, 2018.

Compiler's Notes. Former § 49-6-703 concerned reporting  findings and recommendations concerning the system of competitive grants and technical assistance established pursuant to this part.

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.

Acts 2004, ch. 953, § 2.

49-6-705. Pilot after school programs.

  1. As used in this section, unless the context otherwise requires:
    1. “ACT” means the ACT assessment administered by ACT;
    2. “EXPLORE” means the EXPLORE assessment for students in the eighth and ninth grades administered by the ACT;
    3. “PLAN” means the PLAN assessment for students in the tenth grade administered by the ACT;
    4. “PSAT/NMSQT” means the Preliminary SAT/National Merit Scholarship Qualifying Test administered by the College Board and National Merit Scholarship Corporation; and
    5. “SAT” means the Scholastic Aptitude Test administered by the College Board.
    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. The grants shall be available in any fiscal year in which funds are available in the LEAP grant fund for such grants.
    3. The grants shall supplement, not supplant, nonlottery educational resources for after school educational programs and purposes.
    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. 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.
    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. An organization shall be eligible if the organization proposes to operate a program that provides:
      1. Academic tutoring and skills development in subjects covered by EXPLORE, PLAN, and ACT examinations or PSAT/NMSQT and SAT examinations; and
      2. Test taking skills and strategies.
  2. 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.

Acts 2006, ch. 685, §§ 1-6; 2008, ch. 1175, §§ 2, 3; 2010, ch. 1081, § 1; 2015, ch. 182, § 42; 2019, ch. 248, § 57.

Compiler's Notes. Acts 2006, ch. 685, § 7 provided that the provisions of the act shall not be construed to be an appropriation of funds, and no funds shall be obligated or expended pursuant to the act un- less such funds are specifically appropriated by the general appropriations act. Funding was provided by Acts 2006, ch. 963. Acts 2019, ch. 345, § 97 purported to amend subdivision (e)(1) of this section, effective May 10, 2019; however, Acts 2019, ch. 248, § 57 had previously deleted subsection (e), effective May 2, 2019. Acts 2019, ch. 345, § 97 was not given effect.

Cross-References. Grand divisions, title 4, ch. 1, part 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.

Acts 2006, ch. 940, § 3; 2008, ch. 1175, § 4.

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).

Acts 2008, ch. 1175, § 5.

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.”

Acts 2007, ch. 548, § 1.

49-6-802. State-level safety team — Template for safety and emergency response plans.

  1. The commissioner of education 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.
  2. The commissioner shall appoint the members of the state-level safety team, including:
    1. A representative of the department of safety;
    2. A representative of the Tennessee bureau of investigation;
    3. A representative of homeland security;
    4. A representative of the department of mental health and substance abuse services;
    5. A representative of the emergency medical services of the department of health;
    6. A representative of the state board of education;
    7. A representative of the Tennessee association of school resource officers; and
    8. A representative of the department of intellectual and developmental disabilities.
  3. The commissioner may also appoint a representative from each of the following:
    1. Directors of schools;
    2. Members of local boards of education;
    3. The Tennessee alternative education association;
    4. Public school teachers;
    5. The Tennessee association of mental health organizations;
    6. School counselors and psychologists;
    7. Parents of students enrolled in public schools;
    8. Tennessee students between sixteen (16) and twenty-four (24) years of age; and
    9. The Tennessee school health coalition.

Acts 2007, ch. 548, § 3; 2010, ch. 1100, §§ 74, 75; 2011, ch. 428, § 1; 2012, ch. 575, § 1.

Compiler's Notes. Acts 2010, ch. 1100, § 153 provided that the commissioner of mental health and developmental disabilities, the commissioner of mental health, the commissioner of intellectual and developmental disabilities, and the commissioner of finance and administration are authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

49-6-803. Direction of safety team.

The state-level safety team shall be directed by the director of the Tennessee school safety center established in § 49-6-4302.

Acts 2007, ch. 548, § 4.

49-6-804. Adoption of comprehensive plans.

  1. Each LEA 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 shall be developed by a district-wide school safety team and a building-level school safety team established pursuant to this part and shall follow the template developed by the state-level safety team. An LEA having only one (1) school building shall develop a single building-level school safety plan, which shall also fulfill all requirements for development of a district-wide plan.
  2. Any 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 shall be provided to the general public prior to such a meeting. The board shall not discuss or deliberate on any other issues or subjects during such a meeting.
  3. Each LEA shall provide to the local law enforcement agency with jurisdiction the LEA's plans regarding school security, district-wide school safety plans and building-level school safety plans, as well as information, records, and plans that are related to school security.

Acts 2007, ch. 548, § 5; 2014, ch. 717, § 2.

Cross-References. Confidentiality of public records, § 10-7-504.

49-6-805. Template minimum requirements.

At a minimum, the template prepared by the state-level safety team shall include:

  1. The designation of an emergency response team;
  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. 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. 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. 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. Appropriate violence prevention and intervention strategies such as:
    1. 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. 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. Nonviolent conflict resolution training programs;
    4. Peer mediation programs and youth courts;
    5. Extended day and other school safety programs; and
    6. Comprehensive school counseling and mental health programs;
  7. Policies and procedures for annual school safety training for all students, teachers, and other school personnel; and
  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.

Acts 2007, ch. 548, § 6; 2010, ch. 1100, § 76; 2012, ch. 575, § 1.

Compiler's Notes. Acts 2010, ch. 1100, § 153 provided that the commissioner of mental health and developmental disabilities, the commissioner of mental health, the commissioner of intellectual and developmental disabilities, and the commissioner of finance and administration are authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

49-6-806. Appointments to district-wide and building-level school safety teams.

  1. 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.
  2. 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.

Acts 2007, ch. 548, § 7.

49-6-807. Annual armed intruder drill.

Each school safety team shall conduct at least one (1) armed intruder drill annually. The drill shall be conducted in coordination with the appropriate local law enforcement agency. The results of the drill shall be maintained by each school for a minimum of five (5) years and shall be made available to the department of education upon request.

Acts 2007, ch. 548, § 8; 2017, ch. 313, § 1.

49-6-808. Hearings on safety plans — Filing of plan and amendments — Confidentiality.

  1. 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.
  2. Each LEA shall file a copy of its district-wide comprehensive 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.
  3. Building-level emergency response plans shall be confidential and shall not be subject to any open or public records requirements.
  4. 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.

Acts 2007, ch. 548, § 9.

Cross-References. Confidentiality of public records, § 10-7-504.

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.

  1. 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.
    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. 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.
    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. Any MOU entered into pursuant to subdivision (c)(1) shall contain the following:
      1. 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. 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. 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. Procedures for communication among the LEA, armed school security officers, school resource officers, and local law enforcement agencies;
      5. 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. A statement requiring that armed school security officers comply with all state and federal laws regarding the confidentiality of personally identifiable student information;
      7. Procedures for addressing complaints against armed school security officers;
      8. 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. A provision detailing how scheduling will be determined; and
      10. The hours and wages of each armed school security officer assigned to a school in the LEA.
    3. Any MOU entered into pursuant to subdivision (c)(1) may prescribe:
      1. Whether an armed school security officer is required to be uniformed while on school premises; or
      2. Other means for proper identification of the armed school security officer.
      1. 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. 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.
    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. 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.
  2. 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.
    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. 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.
  3. 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.
  4. 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 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.

Acts 2018, ch. 1008, § 3; 2019, ch. 345, § 98.

Code Commission Notes.

Former § 49-6-809, concerning waiver of requirements of this part, was deleted as obsolete by the code commission in 2009.

Compiler's Notes. For Preamble to act concerning armed officers on school premises, please refer to Acts 2018, ch. 1008.

Acts 2018, ch. 1008, § 1 provided that the act, which enacted this section, shall be known and may be cited as the “School Safety Act of 2018.”

Acts 2018, ch. 1008, § 4 provided that the state board of education is authorized to promulgate rules to effectuate the purposes of this act. All rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

49-6-810. Annual report to governor and general assembly.

Annually on or before February 1 of each year, the commissioner of education shall report to the governor and the general assembly on implementation of and compliance with this part.

Acts 2007, ch. 548, § 11.

49-6-811. Grant funding.

An LEA may seek grant funding from the school safety center to assist with compliance with this part according to § 49-6-4302.

Acts 2007, ch. 548, § 12.

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.

Acts 2007, ch. 548, § 13.

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.

Acts 2007, ch. 548, § 14.

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.

Acts 2007, ch. 548, § 16.

49-6-815. People permitted to possess and carry a firearm on school grounds.

  1. 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. A person employed by an LEA as a faculty or staff member at a school within the LEA; or
    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.
  2. In order to possess and carry a firearm on the grounds of the school pursuant to subsection (a), the person must:
    1. Be authorized to possess and carry a firearm pursuant to § 39-17-1351;
    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. 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.
    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. 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).
  3. 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.
  4. 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.

Acts 2013, ch. 358, § 2.

Compiler's Notes. Acts 2013, ch. 358, § 1 provided that the act, which enacted this section, shall be known and may be cited as the “School Security Act of 2013.”

Acts 2013, ch. 358, § 3 provided that the act, which enacted this section, shall apply to the 2013-2014 academic year and each academic year thereafter.

Cross-References. Confidentiality of public records, § 10-7-504.

Attorney General Opinions. Funding of school resource officers.  OAG 13-74, 2013 Tenn. AG LEXIS 74 (9/19/13).

49-6-816. Authorization of employee to carry concealed weapon on school property in distressed rural county.

  1. As used in this section:
    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. “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.
    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. 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.
  2. 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.
    1. The director of schools shall not select an employee to carry a concealed handgun pursuant to this section unless the employee:
      1. Possesses and maintains a valid handgun carry permit issued by this state pursuant to § 39-17-1351;
      2. Is not prohibited from carrying a handgun under the laws of this state or federal law;
      3. 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. On an annual basis, completes at least sixteen (16) hours of continuing handgun instruction administered and taught by a local law enforcement agency.
    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. Emphasize strategies for preventing school shootings and for securing the safety of potential victims of school shootings;
      2. Educate the employee about legal issues relating to the use of force or deadly force in the protection of others;
      3. Introduce the employee to effective school safety strategies and techniques;
      4. Improve the employee's proficiency with a handgun; and
      5. Enable the employee to respond to an emergency situation requiring deadly force, such as a situation involving an active shooter.
    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.
  3. 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.
  4. 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. 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
    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.
  5. An employee's authorization to carry a concealed handgun pursuant to this section shall become ineffective upon the:
    1. Expiration, suspension, or revocation of the employee's handgun carry permit pursuant to § 39-17-1351; or
    2. Termination of the employee's employment with the school.
  6. 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.
  7. 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.
  8. 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.
  9. 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.

Acts 2016, ch. 1049, § 1; 2017, ch. 278, §§ 1, 2.

Compiler's Notes. For U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Cross-References. Confidentiality of public records, § 10-7-504.

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.

Acts 1986, ch. 579, § 1.

49-6-902. Copies to noncustodial or nonresident parents or department of children's services for in custody children.

  1. 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.
  2. 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.
  3. 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.

Acts 1986, ch. 579, § 1; 1987, ch. 372, §§ 1, 2; 1997, ch. 351, § 2; 2013, ch. 397, § 2.

Cross-References. Copy of child's report card, furnishing to noncustodial or nonresident parents, § 36-6-104.

Part 10
Curriculum Generally

49-6-1001. Flag — Recitation of the Pledge of Allegiance — Display of flag.

  1. 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.
  2. 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.
    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. 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.
    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. The state board of education's guidelines shall include, but shall not be limited to, provisions that address the following:
      1. The initiative and involvement of local boards of education and individual schools, administrators, teachers and students;
      2. The propriety and constitutionality of any recitation or participation requirements;
      3. Appropriate etiquette and conventions for respecting the dignity and appropriate display of the flag of the United States; and
      4. Relevant state and federal constitutional concerns, such as freedom of speech and religion.
  3. 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.

Acts 1929, ch. 83, § 1; Code 1932, § 2508; T.C.A. (orig. ed.), § 49-1909; Acts 1999, ch. 312, § 1; 2002, ch. 841, § 1; 2016, ch. 754, § 1.

Compiler's Notes. Acts 2002, ch. 841, § 3 provided that the state board of education is authorized to promulgate rules and regulations to effectuate the purposes of the act. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Cross-References. Youth-related sport injuries, title 68, ch. 55, part 5.

Attorney General Opinions. Because this section allows students and teachers to choose not to recite the Pledge of Allegiance, the law is constitutional, OAG 03-129, 2003 Tenn. AG LEXIS 147 (10/03/03).

49-6-1002. Use of school time for athletics — Teacher salaries.

  1. 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.
  2. Nothing in this section shall be construed to preclude regular physical training lessons as a part of the daily program of the school.
  3. 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.
  4. The salaries of the teachers are left to the discretion of and are to be set by the local board of education.

Acts 1925, ch. 115, § 36; Shan. Supp., § 1487a197; mod. Code 1932, § 2520; Acts 1974, ch. 654, § 116; T.C.A. (orig. ed.), § 49-1915; Acts 2017, ch. 260, § 1.

49-6-1003. [Repealed.]

Acts 1933, ch. 61, §§ 1, 2; C. Supp. 1950, §§ 2423.1, 2423.2; T.C.A. (orig. ed.), §§ 49-1916, 49-1917; Acts 1994, ch. 799, § 1; 2018, ch. 725, § 32; repealed by Act 2019, ch. 248, § 58, effective May 2, 2019.

Compiler's Notes. Former § 49-6-1003 concerned safety instruction.

49-6-1004. Period of silence or prayer.

  1. 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.
  2. 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.
  3. 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.

Acts 1968, ch. 492, § 1; 1976, ch. 463, § 1; 1982, ch. 899, § 1; 1983, ch. 18, § 1; T.C.A., §§ 49-1922, 49-1923; Acts 1993, ch. 534, § 1.

Cross-References. Religious rights of school employees, § 49-6-8004.

Textbooks. Tennessee Jurisprudence, 22 Tenn. Juris., Schools, § 2.

Law Reviews.

1985 Tennessee Survey: Selected Developments in Tennessee Law, 53 Tenn. L. Rev. 307 (1987).

Attorney General Opinions. Constitutionality of Acts 1993, ch. 534, OAG 93-42, 1993 Tenn. AG LEXIS 42 (5/10/93).

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.

  1. 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.
  2. 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.
  3. 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. A course calendar that includes standards, objectives, and topics covered;
    2. Major assignments required and field trips; and
    3. Procedures for parental access to instructional materials in accordance with § 49-6-7003.
    1. The state board of education shall initiate a revision process for the social studies standards adopted in 2013.
    2. The revision process shall be in accordance with § 49-1-313.
    3. The state board shall ensure that the revised standards do not promote religion and do not amount to indoctrination or proselytism.

Acts 2016, ch. 660, § 1.

Compiler's Notes. Former § 49-6-1005 (Acts 1969, ch. 304, §§ 1, 2; T.C.A., § 49-1924; Acts 1987, ch. 388, § 1; 1987, ch. 427, § 1; 1989, ch. 591, § 113; repealed by Acts 2012, ch. 973, § 1, effective July 1, 2012) concerned sex education curriculum in elementary and secondary schools.

For Preamble to the act regarding the inclusion of religion in instruction and curriculum, please refer to Acts 2016, ch. 660.

49-6-1006. Black history and culture.

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).

Acts 1972, ch. 799, §§ 1-3; 1974, ch. 654, § 117; T.C.A., § 49-1927; Acts 1992, ch. 535, § 54; 2018, ch. 725, §§ 33, 34.

Cross-References. Museum and Tennessee arts commission, § 4-12-112.

State library system, § 10-1-111.

49-6-1007. Character education.

  1. 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.
    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. Local boards of education may implement additional courses and materials in character education at their discretion.
  2. 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.
  3. Human resource agencies created pursuant to title 13, chapter 26 may serve as the service delivery system for the character education program.
  4. 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.

Acts 1985, ch. 296, § 1; 1999, ch. 210, § 1; 1999, ch. 369, § 1; 2004, ch. 919, § 1; 2008, ch. 865, § 1; 2011, ch. 410, § 4(u); 2015, ch. 182, § 43; 2015, ch. 251, § 1; 2018, ch. 725, § 35.

Compiler's Notes. The amendment by Acts 1999, ch. 210, § 1 was not given effect. Comparable provisions are now found in subsection (c).

For the Preamble to the act concerning the prohibition against establishment of a special committee if there is a standing committee on the same subject, please refer to Acts 2011, ch. 410.

For the Preamble to the act concerning the value and accessibility of the Congressional Medal of Honor Character Development Program, see Acts 2015, ch. 251.

Cross-References. Character education in junior and senior high schools, § 49-6-1201.

Character making grants, § 49-3-201.

Education, character development and work programs, § 37-5-204.

49-6-1008. AIDS education programs — Prevention of AIDS or other sexually transmitted diseases.

  1. 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.
  2. 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.

Acts 1989, ch. 215, § 1.

Cross-References. AIDS Centers of Excellence established, § 68-10-118.

Family life education, title 49, ch. 6, part 13.

HIV, aggravated prostitution, § 39-13-516.

Sexually transmitted diseases, title 68, ch. 10.

Teenage pregnancy, title 37, ch. 3, part 5.

Testing for AIDS, §§ 68-11-222, 68-32-102.

49-6-1009. American sign language.

  1. American sign language is recognized and adopted as the official and native sign language of the deaf in this state.
  2. It is the intent of the general assembly to:
    1. Formally express its respect for American sign language;
    2. Promote public awareness of and appreciation for American sign language, its use and its benefits;
    3. Preserve the culture and heritage of American sign language; and
    4. Encourage Tennessee schools to offer courses in American sign language and to accept these courses as satisfying foreign language requirements.
  3. The state board of education shall adopt a policy allowing American sign language courses to satisfy the foreign language credits required for graduation.

Acts 1990, ch. 659, § 2; 2017, ch. 270, § 1.

Compiler's Notes. For the Preamble to the act concerning American sign language education, please refer to Acts 2017, ch. 270.

Cross-References. Programs and services for hearing impaired and deaf-blind persons, title 71, ch. 4, part 21.

49-6-1010. Computer education.

In order that every pupil for whom it is appropriate receives instruction in the use of computers sufficient to enable that pupil to communicate and participate in the twenty-first century, the state board of education shall require every candidate for a full high school diploma to receive a full year of computer education at some time during the candidate's educational career. Pupils who transfer from another state to a Tennessee school during their senior year are exempt from this requirement.

Acts 1992, ch. 535, § 34.

49-6-1011. Historical documents, writings and records — Use in classrooms — Censorship prohibited.

  1. 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. The national motto;
    2. The national anthem;
    3. The Pledge of Allegiance;
    4. The Constitution of Tennessee;
    5. The Declaration of Independence;
    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. Opinions of the United States and Tennessee supreme courts;
    8. Acts of the United States congress and acts of the Tennessee general assembly; and
    9. The United States Constitution.
  2. 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.
  3. 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.
  4. 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.
  5. Each student shall be taught the documents, writings or records set out in subsection (a).
  6. 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.

Acts 1993, ch. 116, § 1; 2014, ch. 939, §§ 1, 2.

49-6-1012. [Repealed.]

Acts 1997, ch. 413, § 6; repealed by Acts 2018, ch. 725, § 36, effective April 18, 2018.

Compiler's Notes. Former § 49-6-1012 concerned the promotion of organ and tissue donation and transplantation.

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.

Acts 2001, ch. 229, § 1; 2014, ch. 981, § 29.

49-6-1014. Celebrate Freedom Week.

    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. For purposes of subdivision (a)(1), Sunday shall be considered the first day of the week.
  1. 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.
  2. The department of education shall promote Celebrate Freedom Week.
  3. 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.
  4. Each topic of Celebrate Freedom Week shall be taught in compliance with § 49-6-1011.
  5. 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.
  6. Schools are encouraged to:
    1. Create materials and resources for the week in accordance with this section;
    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. 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. The rich diversity of American people as a nation of immigrants;
      2. The American revolution;
      3. The formulation of the United States constitution; and
      4. The abolitionist movement, including the emancipation proclamation and the women's suffrage movement.
  7. 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:

    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.

Acts 2017, ch. 279, § 1.

Code Commission Notes.

Former §§ 49-6-101449-6-1019, concerning harassment, intimidation, bullying and cyber-bullying in schools, were transferred to title 49, ch. 6, part 45, §§ 49-6-450149-6-4506, by authority of the code commission in 2013.

49-6-1015. Senator Douglas Henry Tennessee History Act.

  1. This section shall be known and may be cited as the “Senator Douglas Henry Tennessee History Act.”
  2. The general assembly finds that:
    1. It is essential for all citizens to know and understand the unique heritage and history of the state of Tennessee;
    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. Providing and promoting Tennessee history should be a core mission of our system of education.
  3. Beginning with the 2019-2020 school year, the state board of education shall require a course in Tennessee history for students.

Acts 2017, ch. 482, § 1; 2018, ch. 699, § 1.

Code Commission Notes.

Former §§ 49-6-101449-6-1019, concerning harassment, intimidation, bullying and cyber-bullying in schools, were transferred to title 49, ch. 6, part 45, §§ 49-6-450149-6-4506, by authority of the code commission in 2013.

Compiler's Notes. Acts 2017, ch. 482, § 2, as amended by Acts 2018, ch. 699,  § 2, provided that the act, which enacted this section, shall apply to the 2019-2020 school year and each school year thereafter.

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.

Acts 2018, ch. 906, § 1.

Code Commission Notes.

Former §§ 49-6-101449-6-1019, concerning harassment, intimidation, bullying and cyber-bullying in schools, were transferred to title 49, ch. 6, part 45, §§ 49-6-450149-6-4506, by authority of the code commission in 2013.

49-6-1017. Sexual violence awareness curriculum.

  1. 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.
  2. The curriculum should address, in age-appropriate language, topics including, but not limited to:
    1. What teen dating violence is;
    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. What are the methods and means of avoiding and preventing victimization from teen dating violence or sexual violence;
    4. How alcohol and other drugs are used to facilitate date rape or acquaintance rape, and the dangers of these substances;
    5. Why there is a need for prompt medical attention and medical evaluation of victims of sexual violence;
    6. What is the nature and prevention of AIDS and other sexually transmitted diseases;
    7. How to preserve forensic evidence of sexual violence and specifically what victims should and should not do after being sexually assaulted;
    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. What persons, including school personnel, and organizations provide support and resources for victims of teen dating violence and sexual violence; and
    10. What are the penalties and long-term consequences resulting from conviction of sexual crimes, including, but not limited to, rape and statutory rape.

Acts 2019, ch. 248, § 10.

Code Commission Notes.

Former §§ 49-6-101449-6-1019, concerning harassment, intimidation, bullying and cyber-bullying in schools, were transferred to title 49, ch. 6, part 45, §§ 49-6-450149-6-4506, by authority of the code commission in 2013.

49-6-1018. Governor's Civics Seal.

  1. 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.
  2. The department of education shall identify on the state report card:
    1. Each school earning the Seal as a Tennessee Excellence in Civics Education School; and
    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.
  3. 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. 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. 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. Provide professional development opportunities or student resources that facilitate civics education, such as civics education workshops offered by the secretary of state;
    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. Have fully implemented a high-quality, project-based assessment in accordance with § 49-6-1028(d), if applicable; and
    6. Be recognized as a civics all-star school in accordance with § 49-6-408, if applicable.

Acts 2019, ch. 330, § 1.

Code Commission Notes.

Former §§ 49-6-101449-6-1019, concerning harassment, intimidation, bullying and cyber-bullying in schools, were transferred to title 49, ch. 6, part 45, §§ 49-6-450149-6-4506, by authority of the code commission in 2013. The amendment of the former provisions of § 49-6-1018 by Acts 2013, ch. 375, § 2, which added subsection (d), was implemented in § 49-6-4505.

49-6-1019. [Reserved.]

Each public school, under the guidance of the school's LEA, is encouraged to adopt a recycling program.

Acts 2006, ch. 797, § 3; 2019, ch. 248, § 59.

Cross-References. Use of alkaline paper in state records and documents, title 12, ch. 7, part 2.

49-6-1021. Opportunities for physical activity.

  1. In accordance with § 49-6-1022, it shall be the duty of each LEA to integrate:
    1. For elementary school students, a minimum of one hundred thirty (130) minutes of physical activity per full school week; and
    2. For middle and high school students, a minimum of ninety (90) minutes of physical activity per full school week.
  2. 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.
  3. The office of coordinated school health in the department of education shall provide an annual report by October 1, to the education committee 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. The percentage of public schools that integrate the required physical activity into the instructional school day in compliance with subsection (a);
    2. The types of physical activities that are used to meet the physical activity requirement;
    3. Any barriers that have limited full compliance with the physical activity requirement;
    4. Innovative methods that schools use to comply with the physical activity requirement;
    5. The ranking of Tennessee schools in providing physical activity and physical education as compared to other states;
    6. Relevant data or studies that link physical activity or physical education to academic performance in students;
    7. Relevant data or studies showing whether increased physical activity or physical education lead to better health outcomes;
    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. 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.
  4. 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.
    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. 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. 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.
    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.
      1. 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. 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.
  5. 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.
  6. Subsections (e) and (f) apply to the 2020-2021 school year and each school year thereafter.

Acts 2006, ch. 1001, § 1; 2011, ch. 245, § 1; 2014, ch. 986, § 1; 2016, ch. 669, § 1; 2017, ch. 99, § 1; 2018, ch. 976, § 2; 2019, ch. 475, § 2; 2019, ch. 345, § 99.

Compiler's Notes. Acts 2016, ch. 669, § 2, provided that the act, which amended this section, shall apply to the 2016-2017 academic years and academic years thereafter.

Acts 2018, ch. 976, § 1 provided that the act, which amended this section by adding subsections (e) and (f), shall be known and may be cited as the “Tom Cronan Physical Education Act.”

Cross-References. Reporting requirement satisfied by notice to general assembly members of publication of report, § 3-1-114.

Attorney General Opinions. To the extent that the guidelines for “classroom activity breaks” in the Tennessee Department of Education’s June 8, 2016, and June 23, 2016 memoranda authorize physical activities for “classroom activity breaks” that are structured, the guidelines do not comply with the “non-structured physical activity” requirements of T.C.A. § 49-6-1021. OAG 16-34, 2016 Tenn. AG LEXIS 34 (8/30/2016).

49-6-1022. School health program — School health coordinator and specialist in physical education.

  1. 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.
  2. 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.

Acts 2006, ch. 1001, § 2.

49-6-1023. [Repealed.]

Acts 2007, ch. 174, § 1; repealed by Acts 2018, ch. 725, § 37, effective April 18, 2018.

Compiler's Notes. Former § 49-6-1023 concerned guidelines for materials regarding voluntary surrender of unharmed human infants.

49-6-1024. Instruction in school safety issues.

  1. 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.
  2. The department is encouraged to collaborate with the University of Tennessee in developing school safety instructional materials and course objectives.
  3. The department shall review the United States department of homeland security's guidelines and other topically-relevant issues for inclusion in school safety programs.

Acts 2007, ch. 238, § 1; 2016, ch. 999, § 5.

Compiler's Notes. For the Preamble to the act regarding school safety, please refer to Acts 2007, ch. 238.

49-6-1025. Art and music education.

  1. 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.
  2. 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.

Acts 2008, ch. 983, § 1; 2016, ch. 999, § 6.

49-6-1026. Approval for elective state funded course for nonsectarian, nonreligious academic study of the Bible — Course requirements.

  1. 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. Be taught in an objective and nondevotional manner with no attempt made to indoctrinate students;
    2. Not include teaching of religious doctrine or sectarian interpretation of the Bible or of texts from other religious or cultural traditions; and
    3. Not disparage or encourage a commitment to a particular set of religious beliefs.
  2. 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.
    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. The department of education shall make available on its website:
      1. 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. 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. The academic standards for a Bible course that have been approved by the state board of education under subsection (a); and
      4. Instructions on how an LEA may submit its own Bible course curriculum for approval.
    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. 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.
  3. 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.
  4. 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.

Acts 2008, ch. 1037, § 2; 2016, ch. 999, § 7; 2018, ch. 775, § 1.

Compiler's Notes. Acts 2008, ch. 1037, § 1 provided that the act shall be known and may be cited as the “Bible in School Act.”

49-6-1027. [Repealed.]

Acts 2008, ch. 1195, § 2; repealed by Acts 2018, ch. 725, § 38, effective April 18, 2018.

Compiler's Notes. Former § 49-6-1027 concerned gang awareness education.

49-6-1028. Legislative findings — Public school courses and content to educate children in the United States and Tennessee governments.

  1. The general assembly finds that:
    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. 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. 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. Providing civic education and promoting good citizenship and understanding fundamental democratic principles should be core missions of Tennessee secondary schools.
    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. 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. The historical and present-day significance of the Declaration of Independence;
      2. How the United States Constitution establishes the federal government and the characteristics of the republic created by it;
      3. 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. How the United States Constitution is changed and the changes that have been made to it since 1787;
      5. 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. How other foundational documents of the United States and Tennessee aided in the formation of the federal and state governments.
  2. The commissioner of education shall advise all local boards of education of the requirements of this section.
    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. 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. 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. LEAs shall submit verification of implementation of this section to the department of education.
  3. [Deleted by Acts 2019, ch. 450, § 1, effective July 1, 2020.]

Acts 2010, ch. 855, §§ 1, 2; 2011, ch. 293, § 1; 2011, ch. 372, §§ 1, 2; 2012, ch. 1036, § 1; 2014, ch. 939, § 3; 2016, ch. 999, § 8; 2019, ch. 248, § 60; 2019, ch. 450, § 1.

Cross-References. Reporting requirement satisfied by notice to general assembly members of publication of report, § 3-1-114.

Attorney General Opinions. The amendments by Public Chapter 981 do not apply to textbooks in use before the January 1, 2015, effective date of Public Chapter 981. The Tennessee Textbook Commission would be in violation of these same statutory amendments if it recommends for inclusion on the approved textbook list books that contain substantive errors or omissions, grammar or spelling mistakes, or that fail to comply with T.C.A. § 49-6-1028(b).  OAG 15-26, 2015 Tenn. AG LEXIS 26 (3/23/15).

49-6-1029. [Repealed.]

Acts 2010, ch. 1045, §§ 1, 2; repealed by Acts 2019, ch. 248, § 61, effective May 2, 2019.

Compiler's Notes. Former § 49-6-1029 concerned mastery of and proficiency in foreign languages.

49-6-1030. Teaching scientific subjects in public schools.

  1. 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.
  2. 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.
  3. 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.
  4. 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.

Acts 2012, ch. 670, § 1; 2016, ch. 999, § 9.

Compiler's Notes. Acts 2012, ch. 670, § 2 provided that by no later than the start of the 2012-2013 school term, the department of education shall notify all directors of schools of the provisions of this section.  Each director shall notify all employees within the director's school system of the provisions of this section.

49-6-1031. Extracurricular activities.

  1. 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. The names of the clubs and organizations, including any abbreviations or acronyms;
    2. The mission and purpose of the clubs and organizations;
    3. All financial requirements associated with membership in the club or organization; and
    4. Notification of the option set forth in subsection (b) to prohibit a student from participating in any club or organization.
  2. No school shall permit a student to become a member or participate in any activities of a club or organization if the parent or legal guardian of such student has tendered a written communication prohibiting such student from such membership or participation. In order to be valid, the written communication shall be signed and dated by the parent or legal guardian.

Acts 2012, ch. 990, § 1.

49-6-1032. Program to promote participation of K-12th 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 12 (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.

Acts 2014, ch. 556, § 2.

Cross-References. Tennessee Community Gardening Act, title 43, ch. 24.

49-6-1033. Recognition of and education regarding traditional winter celebrations.

  1. 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. “Merry Christmas”;
    2. “Happy Hanukkah”; and
    3. “Happy holidays”.
  2. 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. More than one (1) religion; or
    2. One (1) religion and at least one (1) secular scene or symbol.
  3. A display relating to a traditional winter celebration may not include a message that encourages adherence to a particular religious belief.

Acts 2014, ch. 687, § 1.

49-6-1034. Cursive writing to be included in public school course of instruction.

  1. 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.
  2. The commissioner of education shall advise all local boards of education of the requirements of this section.

Acts 2014, ch. 781, § 1.

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.

Acts 2015, ch. 263, § 1.

Part 11
STEM Education

49-6-1101. Part definitions.

As used in this part:

  1. “STEM” means science, technology, engineering, and mathematics;
  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. “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.

Acts 2015, ch. 489, § 2.

Compiler's Notes. Former part 11, § 49-6-1101 (Acts 1925, ch. 115, §§ 13, 15; Shan. Supp. §§ 1487a90, 1487a105½; Code 1932, §§ 2381, 2397; modified, Acts 1979, ch. 176, §§ 1, 2; T.C.A. (orig. ed.), §§ 49-1901, 49-1902), concerning elementary schools—curriculum, was repealed by Acts 1990, ch. 948, § 12.

For the Preamble to the act concerning the importance of STEM education and promotion of the need to make STEM resources available in rural areas of Tennessee, see Acts 2015, ch. 489.

49-6-1102. Establishment of STEM innovation hubs.

  1. TSIN shall establish a STEM innovation hub specifically dedicated to serving the rural areas of the state.
  2. TSIN shall also establish a STEM innovation hub located in Northwest Tennessee.

Acts 2015, ch. 489, § 3.

Compiler's Notes. For the Preamble to the act concerning the importance of STEM education and promotion of the need to make STEM resources available in rural areas of Tennessee, see Acts 2015, ch. 489.

49-6-1103. STEM leadership training.

TSIN shall implement STEM leadership training in all STEM innovation hubs.

Acts 2015, ch. 489, § 4.

Compiler's Notes. For the Preamble to the act concerning the importance of STEM education and promotion of the need to make STEM resources available in rural areas of Tennessee, see Acts 2015, ch. 489.

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. Emphasize the benefits of STEM careers in helping people;
  2. Not be limited to science classrooms, but be applicable in multiple classrooms;
  3. Automatically produce reports detailing the academic skills of students without requiring teachers to separately analyze these skills; and
  4. Be available through the internet without requiring additional materials so that rural schools may easily access the curriculum.

Acts 2015, ch. 489, § 5.

Compiler's Notes. For the Preamble to the act concerning the importance of STEM education and promotion of the need to make STEM resources available in rural areas of Tennessee, see Acts 2015, ch. 489.

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.

Acts 2015, ch. 489, § 6.

Compiler's Notes. For the Preamble to the act concerning the importance of STEM education and promotion of the need to make STEM resources available in rural areas of Tennessee, see Acts 2015, ch. 489.

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.

Acts 1925, ch. 115, § 14; Shan. Supp., § 1487a95; Code 1932, § 2386; Acts 1931, ch. 71, § 1; C. Supp. 1950, § 2393.8; Acts 1980, ch. 498, § 5; T.C.A. (orig. ed.), § 49-1111; Acts 1985, ch. 296, § 2.

Cross-References. Youth-related sport injuries, title 68, ch. 55, part 5.

49-6-1202. American history and government.

    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. 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.
    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. 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.
  1. 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.
  2. 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.

Acts 1951, ch. 30, §§ 1-4 (Williams, § 2393.8c); Acts 1973, ch. 201, § 1; T.C.A. (orig. ed.), §§ 49-1903 — 49-1906; Acts 1989, ch. 591, § 1.

Compiler's Notes. The misdemeanor in this section has been designated a Class A misdemeanor by authority of § 40-35-110, which provides that an offense designated a misdemeanor without specifications as to category is a Class A misdemeanor. See also § 39-11-114.

Cross-References. Penalty for Class A misdemeanor, § 40-35-111.

Law Reviews.

Satisfying the State Interest in Education with Private Schools, 49 Tenn. L. Rev. 955 (1982).

49-6-1203. Federal and state constitutions.

  1. 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.
    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. 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.

Acts 1947, ch. 50, § 1; impl. am. Acts 1947, ch. 96, § 1; Acts 1947, ch. 136, § 1; C. Supp. 1950, §§ 2423.3, 2423.4 (Williams, §§ 2393.8a, 2393.8b); Acts 1974, ch. 654, § 115; T.C.A. (orig. ed.), §§ 49-1907, 49-1908.

49-6-1204. [Repealed.]

Acts 1972, ch. 607, §§ 1, 2; T.C.A., §§ 49-1925, 49-1926; repealed by Acts 2019, ch. 248, § 62, effective May 2, 2019.

Compiler's Notes. Former § 49-6-1204 concerned defensive driver education course.

49-6-1205. Free enterprise system.

  1. 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.
  2. 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.
  3. 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.

Acts 1974, ch. 485, § 1; T.C.A., § 49-1928; Acts 2006, ch. 854, § 1; 2007, ch. 303, § 1.

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.

Acts 1975, ch. 12, § 1; T.C.A., § 49-1929; Acts 2007, ch. 313, § 2.

49-6-1207. Elective credits in association with nonprofit organizations.

  1. 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. The local board of education must approve all cooperative agreements, which must be in writing and must include, but not be limited to:
      1. The name of the course;
      2. The minimum number of student contact hours;
      3. Whether the course is offered as an elective or as part of the technical prep high school curriculum;
      4. The qualifications of the instructor; and
      5. Any funding provided to the nonprofit organization by the local board of education;
    2. Only courses for which no state board of education approved teaching endorsement exists may be approved for credit under this section;
    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. 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. 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.
  2. 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.
  3. 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.

Acts 2001, ch. 335, § 1.

Compiler's Notes. Acts 2001, ch. 335, § 2, provided that no expenditure of public funds pursuant to the act shall be made in violation of title VI of the Civil Rights Act of 1964, as codified in 42 U.S.C. § 2000d.

Cross-References. Private foundations, § 48-51-501.

49-6-1208. Cardiopulmonary resuscitation (CPR) program for junior or senior high schools curriculum.

  1. 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.
  2. 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.
    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. This subsection (c) shall not apply to any school operated by or under contract with the department of children's services.

Acts 2002, ch. 765, § 1; 2012, ch. 579, § 2; 2016, ch. 677, § 2; 2019, ch. 391, § 3.

Code Commission Notes.

Former subsection (c), which set a deadline for the implementation of the CPR program, was deleted as obsolete by the code commission in 2009.

Compiler's Notes. Acts 2012, ch. 579, § 1 provided that the act, which amended subsection (b), shall be known and may be cited as the “Carmen Burnette Act of 2012.”

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.

Acts 2014, ch. 487, § 1.

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.

Acts 2019, ch. 304, § 1.

Part 13
Family Life Curriculum

49-6-1301. Part definitions.

As used in this part, unless the context otherwise requires:

  1. “Abstinence” means not participating in any activity that puts an individual at risk for pregnancy or a sexually transmitted disease;
    1. “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. Abstinence-centered education is a holistic approach that addresses the physical, social, emotional, psychological, economic and educational consequences of nonmarital sexual activity;
  2. “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;
  3. “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;
  4. “Evidence-based approach” means an approach:
    1. That has a clear theoretical base that integrates research findings with practical implementation expertise that is relevant to the field;
    2. That matches the needs and desired outcomes for the intended audience; and
    3. That if implemented well, demonstrates improved outcomes for the intended audience;
  5. “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;
  6. “Gateway sexual activity” means sexual contact, as defined in subdivision (12), that could precipitate engagement in a nonabstinent behavior. A person promotes a gateway sexual activity by encouraging, advocating, urging or condoning gateway sexual activities;
  7. “Medically accurate” means information that is grounded in evidence-based, peer-reviewed science and research;
    1. “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. 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. Puberty is the period during which adolescents become capable of reproduction and experience various bodily changes;
  8. “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;
  9. “Sexual activity” means sexual penetration or sexual contact, or both;
  10. “Sexual contact” means sexual contact as defined under § 39-13-501;
  11. “Sexual intercourse” means that a male reproductive organ is inserted into any bodily orifice; and
  12. “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).

Acts 2012, ch. 973, § 2; 2014, ch. 878, § 1.

Compiler's Notes. Former part 13, §§ 49-6-130149-6-1303 (Acts 1989, ch. 565, § 1; 1999, ch. 367, § 5), concerning family life curricula, was repealed and reenacted by Acts 2012, ch. 973, § 2, effective July 1, 2012.

Cross-References. AIDS education programs, abstinence, prevention of AIDS or other sexually transmitted diseases, § 49-6-1008.

Sexually transmitted diseases, title 68, ch. 10.

Teenage pregnancy, title 37, ch. 3, part 5.

Testing for AIDS, §§ 68-11-222, 68-32-102.

49-6-1302. Curriculum for family life education.

    1. Beginning with the 1991-1992 school year, if the most recent, annual data maintained by the department of health, state center for health statistics, indicate that pregnancy rates in any county exceeded nineteen and five-tenths (19.5) pregnancies per one thousand (1,000) females fifteen (15) through seventeen (17) years of age, then every LEA within the county shall locally devise, adopt, and implement a program of family life education in conformance with the curriculum guidelines established for such programs by this section.
    2. Each LEA that offers a program, course or instruction in sex education shall locally develop and adopt a family life curriculum in compliance with the requirements of this part, or shall adopt the family life curriculum adopted by the state board of education.
    3. Each LEA shall prescribe policies and procedures for the implementation, evaluation, and periodic review of the family life curriculum.
    4. Notwithstanding any other law to the contrary, failure of an LEA to comply with this subsection (a) shall subject the LEA to the withholding of state funds by the commissioner.
  1. The state board of education shall adopt a complete family life curriculum suitable for implementation by an LEA that fails to develop, adopt, and implement a local curriculum of family life under subsection (a).
    1. Prior to adopting a family life curriculum adopted by the LEA or the state board of education, each LEA shall conduct at least one (1) public hearing, at which time the program shall be explained to members of the public and the public shall 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. 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.

Acts 2012, ch. 973, § 2.

Compiler's Notes. Former part 13, §§ 49-6-130149-6-1303 (Acts 1989, ch. 565, § 1; 1999, ch. 367, § 5), concerning family life curricula, was repealed and reenacted by Acts 2012, ch. 973, § 2, effective July 1, 2012.

Cross-References. AIDS education programs, abstinence, prevention of AIDS or other sexually transmitted diseases, § 49-6-1008.

Sexually transmitted diseases, title 68, ch. 10.

Teenage pregnancy, title 37, ch. 3, part 5.

Testing for AIDS, §§ 68-11-222, 68-32-102.

49-6-1303. Assistance in teaching family life.

  1. 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.
  2. 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.

Acts 2012, ch. 973, § 2.

Compiler's Notes. Former part 13, §§ 49-6-130149-6-1303 (Acts 1989, ch. 565, § 1; 1999, ch. 367, § 5), concerning family life curricula, was repealed and reenacted by Acts 2012, ch. 973, § 2, effective July 1, 2012.

Attorney General Opinions. Civil liability for family life educators under T.C.A. § 49-6-1306.  OAG 13-60, 2013 Tenn. AG LEXIS 61 (7/26/13).

49-6-1304. Family life instruction.

  1. A family life curriculum shall, to the extent that the topic and the manner of communication is age-appropriate:
    1. Emphatically promote only sexual risk avoidance through abstinence, regardless of a student's current or prior sexual experience;
    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. 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. Provide factually and medically-accurate information;
    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. Encourage students to communicate with a parent, guardian, or other trusted adult about sex or other risk behaviors;
    7. Assist students in learning and practicing refusal skills that will help them resist sexual activity;
    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. 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. 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. Teach students how to identify and form healthy relationships, and how to identify and avoid unhealthy relationships;
    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. Provide instruction on the detection, intervention, prevention, and treatment of:
      1. 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. 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. Provide instruction on the prevention of dating violence.
  2. Instruction of the family life curriculum shall not:
    1. Promote, implicitly or explicitly, any gateway sexual activity or health message that encourages students to experiment with noncoital sexual activity;
    2. Provide or distribute materials on school grounds that condone, encourage or promote student sexual activity among unmarried students;
    3. Display or conduct demonstrations with devices specifically manufactured for sexual stimulation; or
    4. Distribute contraception on school property; provided, however, that medically-accurate information about contraception and condoms may be provided so long as it is presented in a manner consistent with the preceding provisions of this part and clearly informs students that while such methods may reduce the risk of acquiring sexually transmitted diseases or becoming pregnant, only abstinence removes all risk.

Acts 2012, ch. 973, § 2; 2014, ch. 878, §§ 2, 3; 2015, ch. 83, § 1; 2018, ch. 609, § 1; 2019, ch. 269, § 1; 2020, ch. 736, § 1.

Compiler's Notes. Acts 2018, ch. 609, § 4 provided that the act, which amended this section, shall apply to  the 2018-2019 school year and each school year thereafter.

Acts 2019, ch. 269, § 3 provided that the act shall apply to the 2019-2020 school year and each school year thereafter.

Amendments. The 2020 amendment added (a)(14).

Effective Dates. Acts 2020, ch. 736, § 2. August 1, 2020.

49-6-1305. Notification of parents and legal guardians — Excusing students from family life instruction.

  1. 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. The LEA is using a family life curriculum that meets the requirements of state law; and
    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.
  2. 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.

Acts 2012, ch. 973, § 2.

49-6-1306. Complaint by parent or legal guardian — Cause of action by parent or guardian.

  1. 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 committee of the house of representatives.
    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. Instruction provided by teachers employed by the LEA; or
      2. 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. 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. An action brought under this subsection (b) shall be commenced within one (1) year after the alleged violation occurred.
  2. 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.

Acts 2012, ch. 973, § 2; 2015, ch. 182, § 44; 2018, ch. 609, § 2; 2019, ch. 345, § 100.

Compiler's Notes. Acts 2018, ch. 609, § 4 provided that the act, which amended this section, shall apply to  the 2018-2019 school year and each school year thereafter.

Attorney General Opinions. Civil liability for family life educators under T.C.A. § 49-6-1306.  OAG 13-60, 2013 Tenn. AG LEXIS 61 (7/26/13).

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.

Acts 2012, ch. 973, § 2.

Part 14
Children at Risk for Obesity

49-6-1401. Implementation of program — Requirements — Reporting of data.

  1. 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. 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. 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. 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.
  2. School systems that carry out the program shall transmit the results of the testing for each student to the department of health.

Acts 2005, ch. 194, § 2.

Cross-References. Commonsense consumption, § 29-34-205.

Confidentiality of public records, § 10-7-504.

Youth-related sport injuries, title 68, ch. 55, part 5.

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. Providing standard practices for maintaining confidentiality;
  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. 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. 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. 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.

Acts 2005, ch. 194, § 3.

Cross-References. Confidentiality of public records, § 10-7-504.

49-6-1403. Tabulation and reporting of results.

  1. 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.
  2. 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.

Acts 2005, ch. 194, § 4.

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.

Acts 2005, ch. 194, § 5.

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.

Acts 2005, ch. 194, § 6.

Part 15
[Reserved]

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.

  1. 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).
  2. Each LEA and each public charter school shall ensure that all school officials and other school personnel annually complete the child abuse training program required in § 37-1-408.
  3. 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. Have access to an area providing privacy and access to a telephone for reporting suspected child abuse and child sexual abuse;
    2. Receive training in regard to:
      1. Mandatory reporting;
      2. Multidisciplinary protocols;
      3. Advocacy centers;
      4. The importance of limited interviews; and
      5. Signs, symptoms, or suspicions of child abuse;
    3. Be available for school personnel to share information about suspected child abuse and child sexual abuse;
    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. Serve as a liaison between the school, the department, and law enforcement in child abuse and child sexual abuse investigations;
    6. Assist law enforcement and department 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 personnel to meet with the child and the reporting school personnel as a group or individually if required; and
    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.
      1. 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. The person receiving the information from the child must:
        1. Allow the child to say what happened in the child's own words;
        2. Avoid conducting an investigation by asking the child detailed questions;
        3. Make every effort to write down the child's exact words;
        4. 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. Immediately notify the school child abuse coordinator and report the information to the department and law enforcement.
    1. 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.
    2. 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. Encourage the third party to report the suspicion to the department and law enforcement;
      2. Notify the school's child abuse coordinator; and
      3. Report all information received from the third party to the department and law enforcement.
    3. 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.
    4. 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.
  4. 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.
  5. 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.

Acts 2009, ch. 283, § 1; 2020, ch. 708, § 1.

Amendments. The 2020 amendment, in (a), deleted “or any other law to the contrary” preceding “if a school teacher” and substituted “, then the school teacher, school official, or other school personnel must follow the procedures outlined in subsection (d).” for “and that the abuse occurred on school grounds or while the child was under the supervision or care of the school, then the principal or other person designated by the school shall verbally notify the parent or legal guardian of the child that a report pursuant to this section has been made and shall provide other information relevant to the future well being of the child while under the supervision or care of the school. The verbal notice shall be made in coordination with the department of children's services to the parent or legal guardian within twenty-four (24) hours from the time the school, school teacher, school official or other school personnel reports the abuse to the department, judge or law enforcement; provided, that in no event may the notice be later than twenty-four (24) hours from the time the report was made. The notice shall not be given to any parent or legal guardian if there is reasonable cause to believe that the parent or legal guardian may be the perpetrator or in any way responsible for the child abuse or child sexual abuse.”;  rewrote (b), which read, “Once notice is given pursuant to this section, the principal or other designated person shall provide to the parent or legal guardian all school information and records relevant to the alleged abuse or sexual abuse, if requested by the parent or legal guardian; provided, that the information is edited to protect the confidentiality of the identity of the person who made the report, any other person whose life or safety may be endangered by the disclosure and any information made confidential pursuant to federal law or § 10-7-504(a)(4). The information and records described in this section shall not include records of other agencies or departments.”;  added (c) and (d); redesignated former (c) as present (e) and former (d) as present (f); in (e), inserted “; child care program, as defined in§ 49-1- 1102;”; and in (f) inserted “and public charter school” twice.

Effective Dates. Acts 2020, ch. 708, § 4, August 1, 2020.

Cross-References. Confidentiality of public records, § 10-7-504.

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.”

Acts 2010, ch. 1097, § 1; 2011, ch. 212, § 3; T.C.A. § 49-7-3101.

49-6-1702. Creation — Administration — Powers.

  1. 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.
  2. The commission shall be administered by a board of directors, which shall be selected pursuant to this part.
  3. 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. 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. Upon such incorporation, have all the rights and powers of a nonprofit corporation under the Tennessee Nonprofit Corporation Act;
    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. 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. Make, execute and deliver contracts, conveyances and other instruments necessary to the exercise and discharge of the powers and duties of the board;
    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. Contract with consultants as necessary or desirable to carry out its responsibilities under this part;
    8. Promote, advertise and publicize the commission;
    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. 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.

Acts 2010, ch. 1097, § 1; 2011, ch. 212, § 3; T.C.A. § 49-7-3102.

Compiler's Notes. The Tennessee financial literacy commission, created by this section, terminates June 30, 2021. See §§ 4-29-112, 4-29-242.

49-6-1703. Board of directors.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.

Acts 2010, ch. 1097, § 1; 2011, ch. 212, § 3; T.C.A. § 49-7-3103; Acts 2013, ch. 273, §§ 1, 2.

49-6-1704. Purpose — Authority.

  1. The purposes of the commission are to:
    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. Educate the public in Tennessee about effective personal management of financial resources including, but not limited to, college savings and retirement savings;
    3. Design, implement and disseminate publications and website media to promote financial literacy education;
    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. Make grants and awards to implement and improve programs for financial literacy education;
    6. Initiate educational programs and campaigns deemed advisable by the board that are designated to promote financial literacy education;
    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. 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. Decision making;
      2. Earning an income;
      3. Saving and spending;
      4. Use of credit; and
      5. Budgeting.
  2. 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.
  3. 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.

Acts 2010, ch. 1097, § 1; 2011, ch. 212, §§ 2, 3;  T.C.A. § 49-7-3104; Acts 2017, ch. 81, § 1.

49-6-1705. Attorney to the commission.

  1. Counsel for the treasury department shall serve as the attorney to the commission.
  2. 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.

Acts 2010, ch. 1097, § 1; 2011, ch. 212, § 3; T.C.A. § 49-7-3105.

49-6-1706. Funds.

  1. 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.
  2. 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.
  3. 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.

Acts 2010, ch. 1097, § 1; 2011, ch. 212, § 3; T.C.A. § 49-7-3106.

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.

Acts 2010, ch. 1097, § 1; 2011, ch. 212, § 3; T.C.A. § 49-7-3107.

49-6-1708. Annual report.

The commission shall report annually to the general assembly on the activities of the commission for the preceding year. The first such report shall be due not later than February 1, 2011.

Acts 2010, ch. 1097, § 1; 2011, ch. 212, § 3; T.C.A. § 49-7-3108.

Cross-References. Reporting requirement satisfied by notice to general assembly members of publication of report, § 3-1-114.

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

Acts 2014, ch. 654, § 2.

Compiler's Notes. Acts 2014, ch. 654, § 1 provided that the act shall be known and may be cited as the “Religious Viewpoints Antidiscrimination Act.”

Acts 2014, ch. 654, § 4 provided that the act, which enacted this part, shall apply beginning in the 2014-2015 school year and each school year thereafter.

Law Reviews.

The Intersection of CLS and Hosanna-Tabor: The Ministerial Exception Applied to Religious Student Organizations, 44 U. Mem. L. Rev. 141 (2013).

49-6-1802. Discrimination against students' voluntary expression of a religious viewpoint prohibited — Applicable law — Legislative intent.

  1. 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.
  2. 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.

Acts 2014, ch. 654, § 2.

Compiler's Notes. Acts 2014, ch. 654, § 1 provided that the act shall be known and may be cited as the “Religious Viewpoints Antidiscrimination Act.”

Acts 2014, ch. 654, § 4 provided that the act, which enacted this part, shall apply beginning in the 2014-2015 school year and each school year thereafter.

49-6-1803. Establishment of limited public forum — Requirements — LEA disclaimer.

  1. 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.
  2. 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. 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. Provide a method, based on neutral criteria, for the selection of student speakers at school events and graduation ceremonies;
    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. State, in writing, orally, or both, that the student's speech does not reflect the endorsement, sponsorship, position, or expression of the LEA.
  3. 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.
  4. 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.

Acts 2014, ch. 654, § 2.

Compiler's Notes. Acts 2014, ch. 654, § 1 provided that the act shall be known and may be cited as the “Religious Viewpoints Antidiscrimination Act.”

Acts 2014, ch. 654, § 4 provided that the act, which enacted this part, shall apply beginning in the 2014-2015 school year and each school year thereafter.

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.

Acts 2014, ch. 654, § 2.

Compiler's Notes. Acts 2014, ch. 654, § 1 provided that the act shall be known and may be cited as the “Religious Viewpoints Antidiscrimination Act.”

Acts 2014, ch. 654, § 4 provided that the act, which enacted this part, shall apply beginning in the 2014-2015 school year and each school year thereafter.

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

Acts 2014, ch. 654, § 2.

Compiler's Notes. Acts 2014, ch. 654, § 1 provided that the act shall be known and may be cited as the “Religious Viewpoints Antidiscrimination Act.”

Acts 2014, ch. 654, § 4 provided that the act, which enacted this part, shall apply beginning in the 2014-2015 school year and each school year thereafter.

Part 19
Suicide Prevention

49-6-1901. 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.

Acts 2016, ch. 623, § 2.

49-6-1902. Adoption of policies — Establishment of model policy.

  1. 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.
  2. 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.

Acts 2016, ch. 623, § 3.

49-6-1903. Cause of action — Imposition of duty of care.

  1. 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.
  2. The training required by this part, or the lack thereof, shall not be construed to impose any specific duty of care.

Acts 2016, ch. 623, § 4.

Part 20
School Property

49-6-2001. Eminent domain.

  1. 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.
  2. 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).
  3. 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.
    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. 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.

Acts 1925, ch. 115, § 35; Shan. Supp., §§ 1487a193-1487a196; mod. Code 1932, §§ 2516-2519; Acts 1959, ch. 269, § 1; T.C.A. (orig. ed.), §§ 49-801 — 49-804; Acts 2003, ch. 90, §  2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Cross-References. Private property not to be taken for public use without just compensation, Tenn. Const. art. I, § 21.

Law Reviews.

Local Government Law — 1959 Tennessee Survey (A.E. Ryman, Jr.), 12 Vand. L. Rev. 1257.

NOTES TO DECISIONS

1. Construction With Other Laws.

Under T.C.A. § 29-16-102 the provisions of the general eminent domain law (title 29, ch. 16) is incorporated into the provisions of this section relating to eminent domain by boards of education. Ragland v. Davidson County Board of Education, 203 Tenn. 317, 312 S.W.2d 855, 1958 Tenn. LEXIS 306 (1958).

2. Nonsuit.

Where county board of education had petitioned for condemnation in the county court, the board of appraisers had returned their report and board of education had authorized county attorney to proceed with the acquisition of the property when percolation tests showed the land to be unsuitable for school purposes, board of education could take voluntary nonsuit as the report was not final. Ragland v. Davidson County Board of Education, 203 Tenn. 317, 312 S.W.2d 855, 1958 Tenn. LEXIS 306 (1958).

3. Appraiser's Report Not Final.

Report of board of appraisers is not final when filed since under T.C.A. §§ 29-16-11629-16-118 of the general eminent domain law and this section, the parties have the right to ask that the report be set aside or confirmed or to appeal therefrom. Ragland v. Davidson County Board of Education, 203 Tenn. 317, 312 S.W.2d 855, 1958 Tenn. LEXIS 306 (1958).

4. Taking Proper.

School board's eminent domain taking, under T.C.A. § 49-6-2001, for construction of a school was upheld; the board did not act arbitrarily or capriciously in condemning the land with no present plan to begin construction of the proposed school, but acted to prevent potential government waste. Pickler v. Parr, 138 S.W.3d 210, 2003 Tenn. App. LEXIS 807 (Tenn. Ct. App. 2003), appeal denied, — S.W.3d —, 2004 Tenn. LEXIS 207 (Tenn. Mar. 8, 2004).

Effective date of a school board's eminent domain taking for construction of a school was upheld, notwithstanding the property owners' contention that the board had not complied with T.C.A. § 49-6-2001's bond and appraisal requirements; at the time of the taking, the board had complied with all of the bond and appraisal requirements of § 49-6-2001, and it was only after the order was entered by the trial court that the board was required to revalue the property and, if needed, post an additional bond. Pickler v. Parr, 138 S.W.3d 210, 2003 Tenn. App. LEXIS 807 (Tenn. Ct. App. 2003), appeal denied, — S.W.3d —, 2004 Tenn. LEXIS 207 (Tenn. Mar. 8, 2004).

In the context of school district acquisition of property by eminent domain, T.C.A. § 49-6-2001(d)(1) does not require that the date of taking occur only after a bond is posted and an appraisal is performed. Pickler v. Parr, 138 S.W.3d 210, 2003 Tenn. App. LEXIS 807 (Tenn. Ct. App. 2003), appeal denied, — S.W.3d —, 2004 Tenn. LEXIS 207 (Tenn. Mar. 8, 2004).

49-6-2002. Condemnation.

  1. 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.
  2. 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.
  3. The compensation shall be determined in the mode and manner provided by §§ 7-31-107 — 7-31-112.

Acts 1913, ch. 48, §§ 1, 3, 4; Shan., §§ 1977a1, 1977a3, 1977a4; mod. Code 1932, §§ 3390-3392; T.C.A. (orig. ed.), §§ 49-805 — 49-807.

NOTES TO DECISIONS

1. Leasehold Estates.

A leasehold estate must be compensated for when appropriated. Mason v. Nashville, 155 Tenn. 256, 291 S.W. 1074, 1926 Tenn. LEXIS 44 (1927).

49-6-2003. Conflicts of interest — Exception.

  1. 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.
  2. 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.

Acts 1925, ch. 115, § 8; Shan. Supp., § 1487a49; mod. Code 1932, § 2338; T.C.A. (orig. ed.), § 49-812; Acts 1997, ch. 210, § 1.

Attorney General Opinions. County or school board employee serving on county legislative body, OAG 98-112, 1998 Tenn. AG LEXIS 112 (6/16/98).

Conflicts involving purchases in school system that has adopted the Local Option Financial Management System Act, OAG 04-107, 2004 Tenn. AG LEXIS 112 (7/09/04).

Proposed Stokes Creek Project, OAG 04-108, 2004 Tenn. AG LEXIS 113 (7/09/04).

49-6-2004. Custody of school property.

  1. The custody of all county school property shall be with the county board of education.
  2. 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.

Acts 1925, ch. 115, § 25; Shan. Supp., § 1487a169; Code 1932, § 2496; T.C.A. (orig. ed.), § 49-813.

Cross-References. Blocking of egress from buildings prohibited, § 49-5-201.

County board permitting use for community purposes, § 49-2-203.

Criminal and aggravated criminal trespass, §§ 39-14-405, 39-14-406.

Fire drills, § 68-102-137.

Teacher as custodian of property, § 49-5-201.

Use of municipal school buildings for municipal purposes, § 49-2-405.

Attorney General Opinions. A county school board's duty to “[m]anage and control all public schools” under T.C.A. § 49-2-203(a)(2) does not categorically prevent the Knox County Board of Education from relocating its administrative offices to the TVA East Tower. Similarly, the requirement that the Board have the custody of all county school property under T.C.A. § 49-6-2004(a) does not foreclose the Board from relocating its administrative offices to the TVA East Tower. As long as the lease agreement for the office space does not impinge on the Board's duty to manage and control the public schools under its jurisdiction and does not impinge on the Board's authority to have the county's school property in its charge, locating the Board's administrative offices in the TVA East Tower would not be prohibited by these statutory provisions. OAG 20-03, 2020 Tenn. AG LEXIS 14 (3/4/2020).

NOTES TO DECISIONS

1. Name of Owner in Criminal Indictment.

The designation in the indictment of the owner of stolen property alleged to have been concealed by defendant as “West View School” was sufficient to protect defendant from further prosecution, to advise defendant of the charges, and to enable the jury to determine that the property stolen from the school was identical to that concealed by defendant, even though the county was the actual owner. State v. Morrow, 530 S.W.2d 60, 1975 Tenn. LEXIS 556 (Tenn. 1975).

49-6-2005. School flags.

  1. 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.
  2. 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.

Acts 1925, ch. 115, § 29; Shan. Supp., §§ 1487a177, 1487a178; Code 1932, §§ 2506, 2507; Acts 1974, ch. 654, §§ 40, 41; 1975, ch. 92, § 1; T.C.A. (orig. ed.), §§ 49-814, 49-815.

Cross-References. Elementary and secondary education curriculum regarding the flag, § 49-6-1001.

Regulations regarding the display of flags, § 49-1-201.

Regulations prescribed by commissioner, § 49-1-201.

49-6-2006. Powers of school board to buy, sell, acquire by gift or transfer.

  1. 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. 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. The board shall be vested with the title to property so purchased or acquired.
    3. The board has the power to dispose of any property the title to which is vested in the board.
    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. 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.
  2. 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.

Acts 1955, ch. 276, § 1; 1970, ch. 419, § 1; 1974, ch. 654, §§ 42-44; T.C.A., § 49-816; Acts 2000, ch. 703, § 1; 2004, ch. 504, §§ 1, 2; 2015, ch. 55, § 6.

Cross-References. Powers of local school boards, § 49-2-203.

Attorney General Opinions. Authority of local school board to donate surplus property, OAG 96-046, 1996 Tenn. AG LEXIS 36 (3/14/96).

49-6-2007. Sale or transfer of surplus property.

  1. 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.
  2. 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).
  3. 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.
    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. 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).
  4. This section does not apply to property leased or sold pursuant to § 49-2-203(b)(10).
  5. Notwithstanding any law to the contrary, an LEA may:
    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. The department of education shall provide guidance to LEAs as to the donation of such computers, including, but not limited to, setting standards for determining whether a family qualifies for the donation of a computer; or
    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).

Acts 1973, ch. 215, §§ 1, 2; 1975, ch. 237, § 1; T.C.A., § 49-817; Acts 1986, ch. 521, §§ 3-5; 2000, ch. 703, § 2; 2004, ch. 504, § 3; 2006, ch. 751, § 3; 2010, ch. 935, § 1; 2019, ch. 413, § 1.

Cross-References. Powers of local school boards, § 49-2-203.

Attorney General Opinions. Authority of local school board to donate surplus property, OAG 96-046, 1996 Tenn. AG LEXIS 36 (3/14/96).

49-6-2008. Persons improperly on school premises — Assault upon educational personnel.

  1. 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.
  2. Any person improperly on the premises of a school shall depart on the request of the school principal or other authorized person.
  3. A violation of subsection (a) is a Class A misdemeanor.
  4. 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.

Acts 1981, ch. 368, § 1; T.C.A., § 49-818; Acts 1990, ch. 783, §§ 1-3; 1998, ch. 875, § 1.

Cross-References. Penalty for Class A misdemeanor, § 40-35-111.

School Discipline Act, title 49, ch. 6, part 41.

School Security Act of 1981, title 49, ch. 6, part 42.

Uniform discipline codes in public schools, title 49, ch. 6, part 40.

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.

Acts 2013, ch. 395, § 1.

Part 21
Transportation

49-6-2101. Power of boards to provide transportation.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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, four (4) 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.
    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. 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. 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.
  6. 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.

Acts 1947, ch. 92, § 1; 1949, ch. 233, § 1; C. Supp. 1950, § 2495.1 (Williams, § 2495.2); Acts 1957, ch. 10, § 1; 1957, ch. 400, § 1; 1970, ch. 491, § 1; 1972, ch. 567, § 1; T.C.A. (orig. ed.), § 49-2201; Acts 1992, ch. 535, § 51; 1992, ch. 657, § 6; 2008, ch. 985, § 1.

Compiler's Notes. This section has been rewritten in accordance with the apparent legislative intent of Acts 1994, ch. 768, effective April 14, 1994. References in subsections (b) and (c) to “handicapped children” have been changed to “children with disabilities.”

Acts 1992, ch. 657, § 6 provided that notwithstanding the provisions of Acts 1992, ch. 535, §§ 48 and 50-52, only appointed superintendents (now director of schools) shall have the powers provided for in §§ 48, 50, 51 and 52. The amended provisions of §§ 48, 50, 51 and 52 shall not apply to superintendents who continue to be elected.

School buses as school property, OAG 98-001, 1998 Tenn. AG LEXIS 1 (1/5/98) (decided under former § 49-6-4214).

Cross-References. Bonds for purchase of buses, § 49-3-1006.

Transportation of disabled children, § 49-6-2114.

Transportation to and from career and technical education center, § 49-11-308.

Attorney General Opinions. Municipality offering bus transportation must offer it to all eligible children, OAG 98-090, 1998 Tenn. AG LEXIS 90 (4/15/98).

A joint board of control agreement may limit the board from taking any action that would result in mandatory compulsory transportation of students, OAG 03-160, 2003 Tenn. AG LEXIS 192 (12/08/03).

Service by an individual as a deputy sheriff and simultaneously as a school bus driver, OAG 07-159, 2007 Tenn. AG LEXIS 159 (12/6/07).

County Fee for Transportation of City School Children. OAG 14-73, 2014 Tenn. AG LEXIS 76  (7/31/14).

There are no restrictions on the transportation fees that can be charged by municipal boards of education. OAG 15-10, 2015 Tenn. AG LEXIS 9 (2/3/15).

NOTES TO DECISIONS

1. Teacher Transportation.

“Public school transportation” in Acts 1953, ch. 70, § 13, did not include transportation of teachers so that funds for such purpose would not be divided between county and cities in nonequalization county under § 13 and therefore special tax levied for teacher transportation was void. State ex rel. Cope v. Davidson County, 198 Tenn. 24, 277 S.W.2d 396, 1955 Tenn. LEXIS 340 (1955).

2. Desegregation.

The state has the nondelegable duty to participate in the desegregation of local schools. Kelley v. Metropolitan County Bd. of Educ., 615 F. Supp. 1139, 1985 U.S. Dist. LEXIS 16871 (M.D. Tenn. 1985), rev'd, 836 F.2d 986, 1987 U.S. App. LEXIS 16899 (6th Cir. Tenn. 1987).

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.

Acts 1947, ch. 92, § 15; C. Supp. 1950, § 2495.15 (Williams, § 2495.16); T.C.A. (orig. ed.), § 49-2215.

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.

Acts 1947, ch. 92, § 5; C. Supp. 1950, § 2495.5 (Williams, § 2495.6); T.C.A. (orig. ed.), § 49-2204.

Attorney General Opinions. There are no restrictions on the transportation fees that can be charged by municipal boards of education. OAG 15-10, 2015 Tenn. AG LEXIS 9 (2/3/15).

49-6-2104. Payments in lieu of transportation.

  1. 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.
  2. 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.
  3. Before any child shall be eligible to receive any amount under this section, the following conditions must be met:
    1. The child must maintain regular attendance in a public school;
    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. 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.

Acts 1947, ch. 92, § 4; C. Supp. 1950, § 2495.4 (Williams, § 2495.5); T.C.A. (orig. ed.), § 49-2202.

Attorney General Opinions. Tuition and transportation for voluntary year-round school program, OAG 97-129, 1997 Tenn. AG LEXIS 162 (9/22/97).

Municipality offering bus transportation must offer it to all eligible children, OAG 98-090, 1998 Tenn. AG LEXIS 90 (4/15/98).

NOTES TO DECISIONS

1. Discretion of Board.

Transportation of certain pupils to a particular school rather than a closer school was not improper or unconstitutional in absence of arbitrary or unreasonable abuse of discretion by school board. Davis v. Fentress County Board of Education, 218 Tenn. 280, 402 S.W.2d 873, 1966 Tenn. LEXIS 564 (1966).

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.

Acts 1947, ch. 92, § 3; C. Supp. 1950, § 2495.3 (Williams, § 2495.4); T.C.A. (orig. ed.), § 49-2203.

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.

Acts 1947, ch. 92, § 6; 1949, ch. 233, § 2; C. Supp. 1950, § 2495.6 (Williams, § 2495.7); T.C.A. (orig. ed.), § 49-2205.

49-6-2107. Certification of drivers and equipment.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
    1. Notwithstanding any other law or rules and regulations adopted pursuant to subsection (b) to the contrary, no person shall be issued a certificate to drive a school bus in this state who, within five (5) years of the person's request for a certificate, 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. Driving under the influence of an intoxicant as prohibited by § 55-10-401;
      2. Vehicular assault as prohibited by § 39-13-106;
      3. Vehicular homicide as prohibited by § 39-13-213(a)(2);
      4. Aggravated vehicular homicide as prohibited by § 39-13-218;
      5. Manufacture, delivery, sale or possession of a controlled substance as prohibited by § 39-17-417; or
      6. Manufacture, delivery, sale or possession of a controlled substance analogue as prohibited by § 39-17-454.
    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.
  5. 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.
  6. 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.

Acts 1947, ch. 92, §§ 7, 15; C. Supp. 1950, §§ 2495.7, 2495.15 (Williams, §§ 2495.8, 2495.16); Acts 1974, ch. 653, § 1; T.C.A. (orig. ed.), §§ 49-2206, 49-2207; Acts 2002, ch. 820, § 1; 2012, ch. 848, § 40; 2016, ch. 1008, § 1; 2017, ch. 289, § 2.

Compiler's Notes. Acts 2002, ch. 820, § 3 provided that the act, which added subsection (e), shall apply to any public school, private school or church related school issuing a certificate to drive a school bus or employing or permitting a person to drive a school bus on or after July 1, 2002.

49-6-2108. Drivers — Physical and mental examinations.

  1. 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.
  2. 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.

Acts 1947, ch. 92, § 8; C. Supp. 1950, § 2495.8 (Williams, § 2495.9); Acts 1974, ch. 653, § 2; T.C.A. (orig. ed.), § 49-2208.

49-6-2109. Equipment — Commercial advertising.

  1. 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.
    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. 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. 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. 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. 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. 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. 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. 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. 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. 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.
    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. 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. A violation of this subsection (c) is a Class C misdemeanor.
  2. 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 § 49-6-2307, cannot be sold or offered for sale to pupils in pre-kindergarten through grade eight (pre-K-8) through vending machines.
    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. 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.

Acts 1947, ch. 92, §§ 2, 10, 14; C. Supp. 1950, §§ 2495.2, 2495.10, 2495.14 (Williams, §§ 2495.3, 2495.11, 2495.15); Acts 1969, ch. 288, § 1; 1981, ch. 107, § 1; T.C.A. (orig. ed.), §§ 49-2209 — 49-2211; Acts 1989, ch. 591, § 113; 1994, ch. 720, § 1; 1997, ch. 371, § 1; 2005, ch. 359, § 1; 2009, ch. 38, §§ 1, 2; 2009, ch. 436, §§ 1-4; 2012, ch. 665, § 1; 2014, ch. 743, §§ 1, 2; 2015, ch. 303, § 1; 2016, ch. 529, § 1.

Compiler's Notes.  Pursuant to Article III, Section 18 of the Constitution of Tennessee, Acts 2014, ch. 743  took effect on April 21, 2014.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

Penalty for violations, § 49-6-2113.

Attorney General Opinions. Advertising on school buses, OAG 97-064, 1997 Tenn. AG LEXIS 57 (5/6/97).

49-6-2110. Safe operation of buses.

  1. 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.
  2. 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.

Acts 1947, ch. 92, §§ 9, 11; C. Supp. 1950, §§ 2495.9, 2495.11 (Williams, §§ 2495.10, 2495.12); Acts 1957, ch. 159, § 1; 1961, ch. 38, § 1; 1967, ch. 32, § 1; T.C.A. (orig. ed.), §§ 49-2212, 49-2213; Acts 1984 (1st E.S.), ch. 6, § 17; 1992, ch. 728, § 1.

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.

Acts 1947, ch. 92, § 13; C. Supp. 1950, § 2495.13 (Williams, § 2495.14); T.C.A. (orig. ed.), § 49-2214.

49-6-2112. School bus tax exemption.

  1. 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.
  2. 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.

Acts 1947, ch. 92, § 12; C. Supp. 1950, § 2495.12 (Williams, § 2495.13); Acts 1951, ch. 61, § 1 (Williams, § 2495.13a); T.C.A. (orig. ed.), § 49-2216.

49-6-2113. Penalty for violations.

A willful violation of this part is a Class C misdemeanor.

Acts 1947, ch. 92, § 16; C. Supp. 1950, § 2495.16 (Williams, § 2495.17); T.C.A. (orig. ed.), § 49-2217; Acts 1989, ch. 591, § 113.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

49-6-2114. Tennessee Children with Disabilities Transportation Act.

  1. This section shall be known and may be cited as the “Tennessee Children with Disabilities Transportation Act of 1991.”
    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. 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.
  2. 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.

Acts 1991, ch. 454, §§ 1-3; impl. am., Acts 1994, ch. 768, § 2.

Compiler's Notes. This section, originally entitled the “Tennessee Handicapped Children Transportation Act of 1991” has been rewritten in accordance with the apparent legislative intent of Acts 1994, ch. 768, effective April 14, 1994. All references to “handicapped children” have been changed to “disabled children” or “children with disabilities.”

49-6-2115. Compliance with school bus and motor vehicle safety standards.

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.

Acts 1994, ch. 720, § 2; 1998, ch. 562, § 1.

Compiler's Notes. 23 CFR 1204-4, referred to in this section, was removed and reserved, effective August 17, 1995.

49-6-2116. Transportation supervisor — Transportation policy relative to safe transport of students.

  1. 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.
  2. 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.
  3. 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.
  4. Every LEA and charter school governing body shall adopt a transportation policy relative to the safe transport of students. This policy shall include:
    1. A procedure for students, parents, teachers and staff, and the community to report school bus safety complaints;
    2. A procedure for the transportation supervisor to investigate any complaint of a safety violation or concern, such that:
      1. The investigation is commenced within twenty-four (24) hours of receipt;
      2. 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. 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. 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. A process to provide annual notice to students and parents regarding the process for reporting complaints; and
    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. Bus maintenance and inspections;
      2. Bus driver credentials, including required background checks, health records, and performance reviews;
      3. Driver training records; and
      4. Complaints received and any records related to the investigation of those complaints.
  5. As part of its responsibilities related to student transportation, the department of education shall, at a minimum:
    1. Develop and deliver, in collaboration with the department of safety, the student transportation management training program required under subsection (b);
    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. Prepare, in collaboration with the department of safety, and annually update and disseminate guidelines on best practices for the management of student transportation services.

Acts 2017, ch. 289, § 1.

Compiler's Notes. Former § 49-6-2116 (Acts 1998, ch. 562, § 2), concerning the transport of students to and from an interscholastic athletic or other interscholastic or school sponsored activity by van, was repealed by Acts 2009, ch. 193, § 1, effective May 7, 2009.

49-6-2117. Prohibition against nonpublic schools employing or permitting driver convicted of violations.

  1. 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. Driving under the influence of an intoxicant as prohibited by § 55-10-401;
    2. Vehicular assault as prohibited by § 39-13-106;
    3. Vehicular homicide as prohibited by § 39-13-213(a)(2);
    4. Aggravated vehicular homicide as prohibited by § 39-13-218;
    5. Manufacture, delivery, sale or possession of a controlled substance as prohibited by § 39-17-417; or
    6. Manufacture, delivery, sale or possession of a controlled substance analogue as prohibited by § 39-17-454.
  2. 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.

Acts 2002, ch. 820, § 2; 2012, ch. 848, § 41.

Compiler's Notes. Acts 2002, ch. 820, § 3 provided that the act shall apply to any public school, private school or church related school issuing a certificate to drive a school bus or employing or permitting a person to drive a school bus on or after July 1, 2002.

49-6-2118. Policies and procedures for students exiting school bus at stop other than regular bus stop — Bus drivers' responsibilities — Unruly students.

    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. 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.
  1. 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.
  2. 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.
  3. 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.

Acts 2007, ch. 261, § 1.

49-6-2119. Policy for parents to view photographs or video footage from cameras on school buses.

  1. 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.
  2. 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.
  3. 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.
  4. 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.

Acts 2019, ch. 256, § 1.

Part 22
Textbooks and Instructional Materials

49-6-2201. State textbook and instructional materials quality commission.

    1. There is created a state textbook and instructional materials quality commission composed of ten (10) members, nine (9) of whom shall be appointed as follows:
      1. The speaker of the senate shall appoint a:
        1. Director of schools; and
        2. Teacher or instructional supervisor in the intermediate grades, grades four through eight (4-8);
      2. The speaker of the house of representatives shall appoint a:
        1. Director of schools; and
        2. Teacher or instructional supervisor in the lower grades, grades kindergarten through three (K-3);
      3. The governor shall appoint a:
        1. Principal; and
        2. Teacher or instructional supervisor in the upper grade subjects, grades nine through twelve (9-12);
        1. 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. The citizen members listed in subdivision (a)(1)(D)(i) shall be appointed as follows:
      4. If a member's initial qualification changes, the member shall be allowed to complete such member's term of appointment.
    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. 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.
    1. Except as otherwise provided in subdivisions (b)(2) and (3), each appointed member shall be confirmed by joint resolution of the general assembly upon the recommendation of the education committee of the senate and the education committee of the house of representatives in the legislative session immediately following appointment.
    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. 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.
  1. Except as provided in subsection (d) for initial appointments, the terms of the members of the commission shall be three (3) years.
    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. In order to stagger the terms of the newly appointed commission members, initial appointments shall be made as follows:
      1. 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. 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; and
      3. 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.
    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. In the event of a vacancy, the respective appointing authority shall fill the vacancy for the unexpired term.
  2. 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.
    1. Before members of the commission begin to discharge their duties, they shall take and subscribe to the following oath: “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.”
    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.
  3. 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. 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. The adoption of physical standards and specifications that assure suitable durability of the textbooks, instructional materials, and supplemental materials;
    3. The review of programs bid against the academic standards approved by the state board of education;
    4. The establishment of contracts that guarantee the availability of adopted programs to all LEAs at the lowest price;
    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. The time frame for the textbook and instructional materials review process;
    7. The process of appointing members to the advisory panels and expectations of the members of the panels;
    8. The First Amendment to the United States Constitution as it applies to the textbook and instructional materials adoption process; and
      1. 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:
  4. Conform to the standards for its subject area or grade level;
  5. 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.
    1. Six (6) members of the commission shall constitute a quorum for the purpose of meeting and conducting business.
    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. 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. 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. 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. All meetings shall be held in the office of the commissioner of education or at such place as designated by the commission.
    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.
      1. 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. 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. Experts, who are not public school teachers, may include college professors and credentialed subject matter specialists.
      4. 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.
    1. 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. 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. The governor shall appoint a person who resides in the western grand division;
          2. The speaker of the senate shall appoint a person who resides in the eastern grand division; and
          3. The speaker of the house of representatives shall appoint a person who resides in the middle grand division; and
          4. Conform to the standards for their subject areas or grade levels;
          5. Are free of any clear, substantive, factual, or grammatical errors; and
          6. 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. Nothing in this part prohibits the use of or applies to supplemental instructional materials;
      1. The use of any forms developed by the commission for making a review; and
      2. The time frame for completing their tasks.
    2. 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.
    3. 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.
    4. Each textbook or any instructional materials proposed for approval shall be reviewed by multiple members of the panel.
    5. 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.
    6. 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.
    7. 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.

Are free of any clear, substantive, factual, or grammatical error; and

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;

Nothing in this part prohibits the use of or applies to supplemental instructional materials.

(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.

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.

(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.

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.

A commission member who knowingly violates subdivision (i)(1) or (i)(2) may be subject to criminal prosecution pursuant to applicable criminal statutes.

Acts 2014, ch. 981, § 3; 2015, ch. 182, § 45; 2016, ch. 999, § 10; 2018, ch. 711, § 3; 2019, ch. 345, § 101; 2020, ch. 770, §§ 3, 5.

Compiler's Notes. The state textbook and instructional materials quality commission, created by this section, terminates June 30, 20210. See §§ 4-29-112, 4-29-242.

Amendments. The 2020 amendment substituted “without the right to vote,” for “with the right to vote,” in (a)(2); and deleted “, through its chair,” following “The commission” in (l)(1)(A).

Effective Dates. Acts 2020, ch. 770, § 7. August 1, 2020.

Cross-References. Grand divisions, title 4, ch. 1, part 2.

49-6-2202. List of approved textbooks and instructional materials.

  1. 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. 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. 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. Nothing in this part shall prohibit the use of or apply to supplemental instructional materials.
    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.
  2. A publisher submitting a textbook or instructional materials for possible approval shall execute an agreement:
    1. Ensuring the book's or the materials' accuracy;
    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. 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. 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.
  3. 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.
  4. 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.

Acts 2014, ch. 981, § 4; 2015, ch. 266, § 1; 2018, ch. 711, §§ 4, 5; 2018, ch. 725, § 39.

49-6-2203. Contracts with publishers.

  1. The commission may promulgate rules establishing minimum manufacturing standards and specifications for textbooks and instructional materials and establishing the conditions under which it contracts with publishers. The commission may make contracts with the publishers for a period of no less than thirty-six (36) months nor more than seventy-three (73) months. The commission may extend any existing contracts entered after April 27, 1984, for one (1) additional year if it notifies the affected publishers at least one (1) year 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.
  2. 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.
  3. 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.
    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. 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. 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 shall allow inspection of both the textbook or instructional materials and all accompanying manuals, workbooks and other ancillary materials. 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, but in no case shall the textbooks or instructional materials be available for less than ninety (90) days.
    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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. The commission may require the publisher to print or affix in each book the retail price of the book as fixed by the commission.
  9. 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.

Acts 2014, ch. 981, §§ 5, 9-12; 2016, ch. 999, § 11; 2018, ch. 711, § 6; 2020, ch. 770, § 1.

Amendments. The 2020 amendment, in (d)(3), deleted “online” preceding “by LEAs” and inserted “online, which may include access via the state textbook depository's website.”

Effective Dates. Acts 2020, ch. 770, § 7. August 1, 2020

Cross-References. Grand divisions, title 4, ch. 1, part 2.

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.

Acts 2014, ch. 981, § 13.

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.

Acts 2014, ch. 981, § 14.

49-6-2206. Use of unapproved books and instructional materials.

No teacher or principal in any of the public schools of this state shall use or permit to be used in the person's school any textbooks and instructional materials upon any subject to the exclusion of the textbooks and instructional materials listed by the commission; provided, that this does not apply to textbooks and instructional materials previously listed and purchased with public funds. At any time, 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 school system require it. In making waiver determinations, the state board of education may receive assistance from the department of education. Any teacher or principal violating this section shall be punished by a fine of not less than ten dollars ($10.00) nor more than fifty dollars ($50.00).

Acts 2014, ch. 981, § 15; 2020, ch. 770, §  2.

Compiler's Notes. Acts 2020, ch. 770, § 6 provided that notwithstanding § 4-5-208(a), the state board of education may promulgate rules, including emergency rules, necessary to effectuate the amendment to § 49-6-2206 by section 2 of the act. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in Tennessee Code Annotated, Title 4, Chapter 5.

Amendments. The 2020 amendment substituted “At any time, 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 school system require it. In making waiver determinations, the state board of education may receive assistance from the department of education.” for “Upon application of the local board of education, the commissioner of education may waive this restriction when, in the commissioner's judgment, the unique or unusual needs of the school system require it.”

Effective Dates. Acts 2020, ch. 770, § 7. August 1, 2020.

49-6-2207. Adoption of textbooks and instructional materials by local board.

    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. 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.
  1. 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.
    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. 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. 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.
    1. All members appointed on the committees shall subscribe to the oath as set out in § 49-6-2201(i).
    2. The oath shall be administered by the county mayor or by some authorized official empowered to administer an oath.
  2. 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.
  3. 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.

Acts 2014, ch. 981, §§ 6-8, 16-19.

49-6-2208. Disposal of surplus textbooks and instructional materials.

  1. 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.
  2. The proceeds from disposals shall be utilized to supplement textbook and instructional materials purchasing funds.

Acts 2014, ch. 981, § 20.

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.

Acts 2014, ch. 981.

Compiler's Notes. Acts 2014, ch. 981, §§ 3-21 have been treated as a repeal and reenactment of Title 49, ch. 6, part 22. However, this section was not changed from the version effective prior to the repeal and reenactment and, therefore, no amending section is provided in the history note for Acts 2014, ch. 981.

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.

Acts 2014, ch. 981, § 21; T.C.A., § 49-6-2211.

Code Commission Notes.

This section was renumbered from § 49-6-2211 to § 49-6-2210 by authority of the Code Commission in 2020.

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 §§ 49-6-220149-6-2203.

Acts 2020, ch. 770, § 4.

Effective Dates. Acts 2020, ch. 770, § 7. July 15, 2020.

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.”

Acts 1986, ch. 904, § 1.

49-6-2302. Establishment of nutritional breakfast and lunch programs.

  1. 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. 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. 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. 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. 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. 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.
  3. The school breakfast program shall automatically terminate if federal funding for such program ceases.

Acts 1986, ch. 904, § 2.

49-6-2303. Rules and regulations.

The commissioner of education shall recommend and the state board of education shall adopt rules that:

  1. Establish minimum nutrition requirements for school breakfast and school lunch programs;
  2. Establish standards of income eligibility for free or reduced price meals for disadvantaged children;
  3. Prescribe uniform methods for determining eligibility for free or reduced price meals;
  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. 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. 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. Require that availability of local agriculture products, freshness and transportation cost be considered;
    2. 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. Require that all food provided for public school use meet or exceed food safety standards for commercial food operations;
  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;
  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. Permit, in accordance with federal requirements, reimbursement for supervision of students participating in a meals program required by this part;
  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. 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. 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. 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;
  11. Not permit the limitation of the full six and one-half (6½) hours instructional school time required by statute; and
  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.

Acts 1986, ch. 904, § 3; 1987, ch. 157, § 1; 1987, ch. 308, § 32; 1990, ch. 948, § 21; 2008, ch. 963, § 1.

49-6-2304. Review of compliance with laws and regulations.

  1. 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.
  2. The commissioner shall investigate and promptly act upon any allegation of noncompliance within this part or the rules and regulations established under this part.

Acts 1986, ch. 904, §§ 4, 5; 2015, ch. 182, § 46; 2018, ch. 725, § 40.

49-6-2305. Reserve fund.

  1. 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.
  2. 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.

Acts 1991, ch. 163, § 1.

49-6-2306. [Repealed.]

Acts 1994, ch. 980, §§ 1, 2; repealed by Acts 2019, ch. 248, § 63, effective May 2, 2019.

Compiler's Notes. Former § 49-6-2306 concerned the eligibility of school nutrition program supervisors for career ladder program.

49-6-2307. Minimum nutritional standards for individual food items.

  1. 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.
  2. The rules shall address, but shall not be limited to, the following:
    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. 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.
  3. 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).
  4. 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.

Acts 2004, ch. 708, § 1.

Attorney General Opinions. Tennessee state board of education rule requiring schools that serve grades 6, 7, or 8 to implement specified nutritional standards in a two-phased process does not exceed legislative authority or legislative intent, OAG 06-130, 2006 Tenn. AG LEXIS 147 (8/15/06).

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.”

Acts 2014, ch. 968, § 2.

49-6-2402. Legislative findings.

The general assembly finds and declares that:

  1. All children are capable of success;
  2. Schools are the centers of vibrant communities;
  3. Strong families build strong educational communities;
  4. Children succeed when adults work together to foster positive educational outcomes;
  5. Schools work best when families take active roles in the education of children;
  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. 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. 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. Successful community schools currently exist in this state. Such schools should be models for replication;
  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. 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. 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.

Acts 2014, ch. 968, § 3.

49-6-2403. Part definitions.

As used in this part:

  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. “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. “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. “Community services” include:
    1. Primary medical and dental care that is available to students and community residents;
    2. Mental health prevention and treatment services that are available to students and community residents;
    3. Academic-enrichment activities designed to promote a student's cognitive development and provide opportunities to practice and apply academic skills;
    4. Programs designed to increase school attendance, including reducing early chronic absenteeism rates;
    5. 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. Early childhood education, including the voluntary pre-K, Head Start and Early Head Start programs;
    7. Programs designed to:
      1. 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. Promote parental leadership in the life of the school; and
      3. Build parenting skills;
    8. 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. Programs that provide assistance to students who have been truant, suspended, or expelled and that offer multiple pathways to high school graduation, a GED(R) or other alternatives to high school completion;
    10. Youth and adult job-training services and career-counseling services;
    11. Nutrition-education services;
    12. Adult education, including instruction in English as a second language, adult literacy, computer literacy, financial literacy, and hard-skills training; and
    13. Programs that provide remedial education and enrichment activities.

Acts 2014, ch. 968, § 4.

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.

  1. 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.
  2. 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.
  3. A community school must designate an individual to lead and coordinate the planning and implementation of programming for the school.
  4. 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. Integrated student supports;
    2. Expanded and enriched learning time and opportunities;
    3. Active family and community engagement; and
    4. Collaborative leadership and practices.

Acts 2014, ch. 968, § 5; 2019, ch. 453, § 1.

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.

  1. 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.
    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. 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.
    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. 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.
  2. In order to qualify for a community school grant under this section, a community school must:
    1. Meet the requirements of § 49-6-2404(c) and (d);
    2. Have, at a minimum, the following components:
      1. Before and after school programming each school day to meet the identified needs of students;
      2. Weekend programming;
      3. Four (4) weeks of summer programming, which may be conducted during consecutive or nonconsecutive weeks;
      4. 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. 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. 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. Maintenance of attendance records in all programming components;
      8. Maintenance of measurable data showing annual participation and the impact of programming on the participating children and adults;
      9. Documentation of true collaboration between the school and community stakeholders, including local governmental units, civic organizations, families, businesses, and social service providers; and
      10. A nondiscrimination policy ensuring that the community school does not condition participation upon race, ethnic origin, religion, sex, or disability; and
      1. 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. 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.
  3. Each grant recipient under subsection (c) shall:
    1. Conduct periodic evaluations of the progress achieved with funds allocated under a grant, consistent with the purposes of this part;
    2. Use the evaluations to refine and improve activities conducted with the grant and the performance measures for the activities;
    3. Make the results of the evaluations publicly available, including providing public notice of the availability; and
    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.

Acts 2014, ch. 968, § 6; 2018, ch. 554, § 1; 2019, ch. 453, §§ 2, 3.

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.

Acts 2014, ch. 968, § 7; 2015, ch. 182, § 47.

Cross-References. Reporting requirement satisfied by notice to general assembly members of publication of report, § 3-1-114.

49-6-2407. Community of schools — Formation of community consortiums — Services for persons of all ages — Rights, privileges, and obligations.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.

Acts 2016, ch. 770, § 1.

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.

Acts 2016, ch. 770, § 1.

49-6-2409. Central headquarters for neighborhoods — Establishment of internet network architecture — Provisions of literacy classes and other programs.

  1. 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.
  2. 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. GED(R) or HiSET(R) classes may be offered to those without high school diplomas.

Acts 2016, ch. 770, § 1.

49-6-2410. Identification of opportunities to support formation and effective administration of community schools.

  1. 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. Professional development;
    2. Policy and advocacy;
    3. Communications;
    4. Stakeholder engagement; and
    5. Program evaluation.
  2. 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.

Acts 2019, ch. 453, § 4.

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.”

Acts 2018, ch. 640, § 1.

Code Commission Notes.

Acts 2018, ch. 640, § 1 enacted a new part 84, §§ 49-6-840149-6-8402,  but the part has been redesignated as part 25, §§ 49-6-250149-6-2502, by authority of the Code Commission.

Compiler's Notes. Acts 2018, ch. 640, § 2 provided that the act, which enacted this part, shall apply to the 2018-2019 school year and each school year thereafter.

49-6-2502. “In God We Trust” national motto to be displayed in prominent school location.

  1. 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.
  2. The display required in subsection (a) may take the form of, but is not limited to, a mounted plaque or student artwork.
  3. 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.

Acts 2018, ch. 640, § 1.

Code Commission Notes.

Acts 2018, ch. 640, § 1 enacted a new part 84, §§ 49-6-840149-6-8402,  but the part has been redesignated as part 25, §§ 49-6-250149-6-2502, by authority of the Code Commission.

Compiler's Notes. Acts 2018, ch. 640, § 2 provides that the act, which enacted this part, shall apply to the 2018-2019 school year and each school year thereafter.

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.”

Acts 2019, ch. 506, § 1.

49-6-2602. Part definitions.

As used in this part, unless the context otherwise requires:

  1. “Department” means the department of education;
  2. “Eligible postsecondary institution” means:
    1. An institution operated by:
      1. The board of trustees of the University of Tennessee;
      2. The board of regents of the state university and community college system; or
      3. A local governing board of trustees of a state university in this state; or
    2. A private postsecondary institution accredited by an accrediting organization approved by the state board of education;
  3. “Eligible student” means a resident of this state who:
      1. 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. Is eligible for the first time to enroll in a Tennessee school; or
      3. Received an education savings account in the previous school year;
    1. Is a student in any of the grades kindergarten through twelve (K-12);
      1. Is zoned to attend a school in an LEA, excluding the achievement school district (ASD), with ten (10) or more schools:
  1. Identified as priority schools in 2015, as defined by the state's accountability system pursuant to § 49-1-602;
  2. Among the bottom ten percent (10%) of schools, as identified by the department in 2017 in accordance with § 49-1-602(b)(3); and
  3. Identified as priority schools in 2018, as defined by the state's accountability system pursuant to § 49-1-602; or

Is zoned to attend a school that is in the ASD on May 24, 2019; and

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;

“ESA” means an education savings account created by this part;

“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);

“Legacy student” means a participating student who:

(i)  Graduates from high school; or

Exits the program by reaching twenty-two (22) years of age;

Has funds remaining in the student's education savings account; and

Has an open education savings account;

“Local education agency” or “LEA” has the same meaning as defined in § 49-1-103;

“Parent” means the parent, guardian, person who has custody of the child, or individual who has caregiving authority under § 49-6-3001;

“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;

“Participating student” means:

An eligible student who is seventeen (17) years of age or younger and whose parent is participating in the education savings account program; or

An eligible student who has reached the age of eighteen (18) and who is participating in the education savings account program;

“Program” means the education savings account program created in this part;

“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

“State board” means the state board of education.

Acts 2019, ch. 506, § 1.

49-6-2603. Eligibility to participate in education savings account program — Participation by student.

  1. 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. 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. Not enroll the participating student in a public school while participating in the program;
    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. Only use the funds deposited in a participating student's ESA for one (1) or more of the following expenses of the student:
      1. Tuition or fees at a participating school;
      2. Textbooks required by a participating school;
      3. Tutoring services provided by a tutor or tutoring facility that meets the requirements established by the department and the state board;
      4. Fees for transportation to and from a participating school or educational provider paid to a fee-for-service transportation provider;
      5. Fees for early postsecondary opportunity courses and examinations required for college admission;
      6. 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. School uniforms, if required by a participating school;
      8. Tuition and fees for summer education programs and specialized afterschool education programs, as approved by the department, which do not include afterschool childcare;
      9. Tuition and fees at an eligible postsecondary institution;
      10. Textbooks required by an eligible postsecondary institution;
      11. Educational therapy services provided by therapists that meet the requirements established by the department and the state board; or
      12. 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
    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. When the parent of the eligible student or the eligible student, as applicable, submits an application to participate in the program; and
      2. At least once every year, according to the schedule and income-verification process developed by the department.
  2. 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.
  3. 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.
  4. 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. The participating student:
      1. Enrolls in a public school;
      2. Ceases to be a resident of the LEA in which the student resided when the student began participating in the program;
      3. Graduates or withdraws from high school; or
      4. 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. The parent of the participating student or the participating student, as applicable:
      1. 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. 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).
  5. 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 basic education program account of the education trust fund of 1992 under §§ 49-3-357 and 49-3-358.
    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 basic education program account of the education trust fund of 1992 under §§ 49-3-357 and 49-3-358.
    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 basic education program account of the education trust fund of 1992 under §§ 49-3-357 and 49-3-358.
  6. 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).
  7. A participating student's ESA will be closed, and any remaining funds must be returned to the state treasurer to be placed in the basic education program account of the education trust fund of 1992 under §§ 49-3-357 and 49-3-358, after the first of the following events:
    1. Upon a legacy student's graduation from an eligible postsecondary institution;
    2. After four (4) consecutive years elapse immediately after a legacy student enrolls in an eligible postsecondary institution;
    3. After a participating student or legacy student exits the program and is not enrolled in an eligible postsecondary institution; or
    4. After a participating or legacy student reaches twenty-two (22) years of age and is not enrolled in an eligible postsecondary institution.
  8. Funds received pursuant to this part:
    1. Constitute a scholarship provided for use on qualified educational expenses listed in subdivision (a)(4); and
    2. Do not constitute income of a parent of a participating student under title 67, chapter 2 or any other state law.
  9. 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.
  10. 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. The participating student attended a Tennessee public school and participated in that sport;
    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. The participating student has not relocated outside the LEA in which the Tennessee public school that the participating student formerly attended is located.
  11. 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.

Acts 2019, ch. 506, § 1.

49-6-2604. Procedures to determine student eligibility — Application form — Application process — Approval process — Number of participating students.

  1. The department shall establish:
    1. Procedures to determine student eligibility in accordance with the requirements established by this part;
      1. 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. 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);
    2. An approval process for a Category I, II, or III private school to become a participating school;
    3. 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;
    4. 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
    5. 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).
  2. The program shall begin enrolling participating students no later than the 2021-2022 school year.
  3. The number of participating students enrolled in the program must not exceed:
    1. For the first school year of operation, five thousand (5,000) students;
    2. For the second school year of operation, seven thousand five hundred (7,500) students;
    3. For the third school year of operation, ten thousand (10,000) students;
    4. For the fourth school year of operation, twelve thousand five hundred (12,500) students; and
    5. For the fifth school year of operation, and for each school year thereafter, fifteen thousand (15,000) students.
    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. 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. 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).
  4. 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. Students who have a sibling participating in the program;
    2. Students zoned to attend a priority school as defined by the state's accountability system pursuant to § 49-1-602;
    3. Students eligible for direct certification under 42 U.S.C. § 1758(b)(4); and
    4. All other eligible students.

Acts 2019, ch. 506, § 1.

49-6-2605. Funding calculations — School improvement fund — Allowable uses of ESA funds — Participating schools — Administration of program.

  1. 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 basic education program (BEP) for the LEA in which the participating student resides, but must not exceed the combined statewide average of required state and local BEP 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 BEP allocations per pupil.
    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 BEP 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.
      1. 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. 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. Generate BEP funds for the LEA in the applicable fiscal year that will be subtracted from the state BEP funds payable to the LEA under subdivision (b)(1).
        1. 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. 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.
    2. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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).
  6. 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.
  7. 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.
  8. The department may contract with a nonprofit organization to administer some or all portions of the program.

Acts 2019, ch. 506, § 1.

49-6-2606. Annual administration of (TCAP) tests for math and English language arts — Report of graduation — Parental satisfaction survey — Annual report — Audit.

    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.
    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. 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).
  1. The department shall ensure that:
    1. Parents report the participating student's graduation from high school to the department; and
    2. A parental satisfaction survey is created and annually disseminated to parents of participating students that requests the following information:
      1. Parental satisfaction with the program, including parental recommendations, comments, and concerns;
      2. Whether the parent terminated the participating student's participation in the program and the reason for termination;
      3. Methods to improve the effectiveness of the program, including parental recommendations for doing so; and
      4. The number of years the parent's participating student has participated in the program.
  2. 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. The number of students participating in the program;
    2. Participating student performance on annual assessments required by this section, aggregated by LEA and statewide;
    3. Aggregate graduation outcomes for participating students in grade twelve (12); and
    4. Results from the parental satisfaction survey required in subdivision (b)(2).
  3. 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. 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. 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.

Acts 2019, ch. 506, § 1.

49-6-2607. Use of ESA funds — Separate ESAs —Receipts for expenses — Requirements for participating schools.

  1. ESA funds shall only be used for the expenses listed in § 49-6-2603(a)(4).
  2. 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).
  3. 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.
  4. 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.
  5. To ensure the safety and equitable treatment of participating students, participating schools shall:
    1. Comply with all state and federal health and safety laws applicable to nonpublic schools;
    2. Certify that the participating school will not discriminate against participating students or applicants on the basis of race, color, or national origin;
    3. Comply with § 49-5-202;
    4. Conduct criminal background checks on employees; and
    5. Exclude from employment:
      1. Any person who is not permitted by state law to work in a nonpublic school; and
      2. Any person who might reasonably pose a threat to the safety of students.
  6. 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.

Acts 2019, ch. 506, § 1.

49-6-2608. Suspension or termination of participating school or provider — Suspension or termination of participating or legacy student — Restitution — Criminal prosecution.

    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. 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. 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.
  1. 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.
  2. 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.
  3. 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.
  4. 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 basic education program (BEP) account of the education trust fund of 1992 under §§ 49-3-357 and 49-3-358.
  5. 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.

Acts 2019, ch. 506, § 1.

49-6-2609. Participating school or provider not state agent — No expansion of regulatory authority.

  1. A participating school or provider is autonomous and not an agent of this state.
  2. 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.
  3. 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.

Acts 2019, ch. 506, § 1.

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.

Acts 2019, ch. 506, § 1.

49-6-2611. Intent of part — Report by office of research and education accountability — Effect of invalidity.

    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.
      1. 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. The information contained in the department's annual report prepared pursuant to § 49-6-2606(c);
        2. 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. Audit reports prepared by the comptroller of the treasury or the comptroller's designee pursuant to § 49-6-2606(d);
        4. 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. 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. The department shall assist the OREA in its preparation of the report required under this subdivision (a)(2).
      3. 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.
  1. 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.
  2. 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).
  3. 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.

Acts 2019, ch. 506, § 1.

Cross-References. Reporting requirement satisfied by notice to general assembly members of publication of report, § 3-1-114.

49-6-2612. State or local public benefit.

An education savings account is a state or local public benefit under § 4-58-102.

Acts 2019, ch. 506, § 1.

Part 27
Threat Assessment

49-6-2701. Threat assessment team.

  1. Each LEA may 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.
  2. 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.
  3. A threat assessment team shall:
    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. Conduct threat assessments based on dangerous or threatening behavior of individuals in the school, home, or community setting;
    3. Provide guidance to students, faculty, staff, and others in the LEA on how to recognize, address, and report threatening or dangerous behavior;
    4. Establish procedures that outline the circumstances in which LEA personnel are required to report threatening or dangerous behavior;
    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. Provide guidance and best practices for the intervention and prevention of violence;
    7. Establish procedures for the:
      1. Assessment of individuals exhibiting behavior that may present a threat to the health or safety of the individual or others;
      2. Development of appropriate means of intervention, diversion, and de-escalation of threats; and
      3. 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. Refer individuals to support services; and
    9. Provide post-incident assessments and evaluate the effectiveness and response of the LEA to incidents.
  4. 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.
  5. The threat assessment team shall report threat assessment team activities to the local board of education and the director of schools 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.
  6. 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.

Acts 2019, ch. 394, § 1.

Code Commission Notes.

Acts 2019, ch. 394, § 1 enacted  a new part 26, §§ 49-6-260149-6-2603; however, the enactment by Acts 2019, ch. 394, § 1 was designated as part 27,  §§ 49-6-270149-6-2703 by authority of the Code Commission.

Compiler's Notes. Acts 2019, ch. 394, § 2 provided that the  state board of education shall 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.

49-6-2702. 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.

    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. 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. Request court files and records, which may be provided as deemed appropriate by the juvenile court pursuant to § 37-1-153.
    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. Law enforcement and juvenile justice information obtained pursuant to this part cannot be used:
      1. 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. 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.
  1. 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.
  2. 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.
  3. 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.

Acts 2019, ch. 394, § 1.

Code Commission Notes.

Acts 2019, ch. 394, § 1 enacted  a new part 26, §§ 49-6-260149-6-2603; however, the enactment by Acts 2019, ch. 394, § 1 was designated as part 27,  §§ 49-6-270149-6-2703 by authority of the Code Commission.

Compiler's Notes. Acts 2019, ch. 394, § 2 provided that the  state board of education shall 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.

Cross-References.  Confidentiality of public records, § 10-7-504.

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. 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. 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.

Acts 2019, ch. 394, § 1.

Code Commission Notes.

Acts 2019, ch. 394, § 1 enacted  a new part 26, §§ 49-6-260149-6-2603; however, the enactment by Acts 2019, ch. 394, § 1 was designated as part 27,  §§ 49-6-270149-6-2703 by authority of the Code Commission.

Compiler's Notes. Acts 2019, ch. 394, § 2 provided that the  state board of education shall 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.

Part 28
[Reserved]

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.”

Acts 1997, ch. 422, § 1.

Cross-References. School employee religious liberty, title 49, ch. 6, part 80.

Law Reviews.

The Demise of Equal Access and a Return to the Early-American Understanding of Student Rights, 43 U. Mem. L. Rev. 557 (2012).

The Intersection of CLS and Hosanna-Tabor: The Ministerial Exception Applied to Religious Student Organizations, 44 U. Mem. L. Rev. 141 (2013).

Attorney General Opinions. Constitutionality, OAG 97-083, 1997 Tenn. AG LEXIS 82 (5/26/97).

Constitutional attack under the Establishment Clause, OAG 97-079, 1997 Tenn. AG LEXIS 78 (5/21/97).

Constitutionality of school employee religious liberty provisions, OAG 99-107, 1999 Tenn. AG LEXIS 107 (5/10/99).

49-6-2902. Legislative findings.

  1. The general assembly finds the following:
    1. Judicial decisions concerning religion, free speech and public education are widely misunderstood and misapplied;
    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. Confusion surrounding these decisions has resulted in needless litigation and conflicts;
    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. 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. 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. 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.
  2. 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.

Acts 1997, ch. 422, § 1.

49-6-2903. Part definitions.

As used in this part, unless the context otherwise requires:

  1. “Establishment clause” means the portion of the first amendment to the United States constitution that forbids laws respecting an establishment of religion;
  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. “Free speech clause” means the portion of the first amendment to the United States constitution that forbids laws abridging the freedom of speech;
  4. “Public school” means any school that:
    1. Is operated by the state, a political subdivision of the state or governmental agency within the state; and
    2. Receives state financial assistance; and
  5. “Student” means an individual attending a public school.

Acts 1997, ch. 422, § 1.

49-6-2904. Rights of students.

  1. 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. Infringe on the rights of the school to:
      1. Maintain order and discipline;
      2. Prevent disruption of the educational process; and
      3. Determine educational curriculum and assignments;
    2. Harass other persons or coerce other persons to participate in the activity; or
    3. Otherwise infringe on the rights of other persons.
  2. Subject to subsection (a), a student shall be permitted to voluntarily:
    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. 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. 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. 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. 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.
  3. No action may be maintained pursuant to this part unless the student has exhausted the following administrative remedies:
    1. The student or the student's parent or guardian shall state their complaint to the school's principal;
    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. 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. 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.
  4. 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.
  5. 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.

Acts 1997, ch. 422, § 1.

Attorney General Opinions. Constitutionality of school employee religious liberty provisions, OAG 99-107, 1999 Tenn. AG LEXIS 107 (5/10/99).

49-6-2905. Construction with first amendment establishment clause.

  1. Nothing in this part shall be construed to affect, interpret or in any way address the establishment clause.
  2. 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.

Acts 1997, ch. 422, § 1.

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.

Acts 1997, ch. 422, § 1.

49-6-2907. Voluntary participation of personnel in religious activities on school grounds.

  1. 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.
  2. Nothing in this section shall prohibit LEAs and school administrators from allowing personnel to participate in other constitutionally permissible religious activities on school grounds.

Acts 2012, ch. 690, § 1.

Part 30
Attendance

49-6-3001. School age — Entrance — Attendance — Withdrawal.

  1. The public schools shall be 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 31 for the 2013-2014 school year and on or before August 15 for all school years thereafter.
    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 31 for the 2013-2014 school year and on or before August 15 for all school years thereafter may enter at the beginning of the term the public school designated by the local board of education having appropriate jurisdiction; provided, that the child enters within thirty (30) days after the opening day of the term.
      1. 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 school systems 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. 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.
    2. Where a pupil meets the requirements of the state board of education for transfer or admission purposes, as determined by the commissioner of education, the pupil may be admitted by a local board of education, notwithstanding any other provision or act to the contrary.
    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).
    2. Subdivision (c)(1) does not apply to any child who:
      1. 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. Is enrolled and making satisfactory progress in a course leading to a general educational development certificate (GED(R)) from a state-approved institution or organization or who has obtained a GED(R). 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. 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. A student enrolled in a home school who has reached seventeen (17) years of age.
    3. As used in this part, “public school” and “nonpublic school” are defined as follows:
      1. “Nonpublic school” means a church-related school, home school or private school;
        1. “Church-related school” means a school as defined in § 49-50-801;
        2. “Home school” means a school as defined in § 49-6-3050; and
        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; and
      2. “Public school” means any school operated by an LEA or by the state with public funds.
    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.
    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. 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.
  2. Notwithstanding any other law to the contrary, children who participate in an LEA-administered prekindergarten program, a prekindergarten program administered by a private school as defined by § 49-6-3001(c)(3)(A)(iii) or a Head Start program in a Head Start classroom as defined in 42 U.S.C. § 9832 during the 2012-2013 or 2013-2014 school years may enter kindergarten in the 2013-2014, 2014-2015, or 2015-2016 school years; provided, that such children shall be five (5) years of age on or before August 31, 2015.

Acts 1925, ch. 115, § 19; Shan. Supp., § 1487a141; Code 1932, § 2472; Acts 1947, ch. 87, § 1; 1947, ch. 129, § 1; C. Supp. 1950, §§ 2383.1, 2442.1 (Williams, § 2472.1); Acts 1957, ch. 9, § 1; 1959, ch. 289, § 1; 1965, ch. 239, § 1; 1965, ch. 303, §§ 1, 2; 1968, ch. 417, §§ 1, 2; 1972, ch. 693, § 13; 1974, ch. 654, §§ 79-81; T.C.A. (orig. ed.), §§ 49-1701, 49-1702, 49-1708; Acts 1985, ch. 398, § 1; 1987, ch. 42, § 1; 1992, ch. 535, §§ 78, 81; 1997, ch. 329, § 1; 1997, ch. 392, §§ 1, 2, 5, 10; 1998, ch. 792, § 1; 2003, ch. 71, § 3; 2012, ch. 991, §§ 2-5; 2013, ch. 85, § 2; 2014, ch. 692, § 1; 2015, ch. 445, § 1.

Compiler's Notes. Acts 1997, ch. 392, § 9 provided that no LEA shall receive a reduction in local funding from the implementation of the act and the distribution of local funding to multiple LEAs within one (1) county shall be adjusted, if necessary, to accomplish this requirement.

Cross-References. Enforcement powers of department of education, title 49, ch. 6, part 33.

Home schools, § 49-6-3050.

Minimum attendance requirements or standards as condition for passing course or grade, § 49-2-203.

Special education, definitions, § 49-10-102.

Support of child over 18 in high school, § 34-1-102.

Textbooks. Tennessee Jurisprudence, 22 Tenn. Juris., Schools, § 23.

Law Reviews.

Satisfying the State Interest in Education with Private Schools, 49 Tenn. L. Rev. 955 (1982).

Symposium — Memphis in the Law: A Memphis Dilemma: A Half-Century of Public Education Reform in Memphis and Shelby County From Desegregation to Consolidation (Daniel Kiel), 41 U. Mem. L. Rev. 787 (2011).

Attorney General Opinions. Constitutionality of exception for home schools to amendment of compulsory attendance laws, OAG 96-058, 1996 Tenn. AG LEXIS 71 (3/29/96).

Effect of emancipation upon compulsory school attendance, OAG 96-064, 1996 Tenn. AG LEXIS 64 (4/8/96).

Municipality must offer new grade levels to all eligible children, OAG 98-090, 1998 Tenn. AG LEXIS 90 (4/15/98); OAG 98-132, 1998 Tenn. AG LEXIS 132 (7/28/98).

A married minor is fully emancipated from parental control and thus, like other emancipated minors, is not subject to compulsory school attendance laws, OAG 02-100, 2002 Tenn AG LEXIS 104 (9/16/02).

T.C.A. § 49-6-3001(c)(2)(B) allows a 17-year-old student to enroll in state-approved GED courses in fulfillment of Tennessee's compulsory attendance requirement provided that, in the judgment of the local board of education, the student continues to make satisfactory progress in the GED courses. OAG 12-63, 2012 Tenn. AG LEXIS 63 (6/13/12).

NOTES TO DECISIONS

1. Constitutionality.

In an action brought to declare title 49, ch. 6, part 30 unconstitutional on the grounds that, subsequent to the school desegregation orders of the federal courts, it was administered to achieve a racial presence in the schools and not for any educational purpose and consequently the constitutional rights of both parents and students to due process and equal protection of the laws, freedom of speech, freedom of assembly, and to privacy were violated, the court held that the natural rights of a parent to the custody and control of an infant child are subordinate to the state and may be restricted and regulated by municipal law, that the constitutionality of the law was beyond dispute, and that no constitutional rights had been violated under the U.S. Const. amend. 1, 9 or 14, or under Tenn. Const. art. I, § 8, 19 or 23. Concerned Citizens for Neighborhood Schools, Inc. v. Board of Education, 379 F. Supp. 1233, 1974 U.S. Dist. LEXIS 7542 (E.D. Tenn. 1974).

2. Civil Rights Actions.

Where a student was suspended for violating a zero tolerance policy, the student's due process and equal protection claims failed to survive summary judgment, because the student received notice and an opportunity to be heard, the punishment imposed bore a rational relationship to the offense, and because imposition of the one-year suspension was not so unrelated to the legitimate interest in safety and security that one could only conclude that the suspension was irrational. Vann v. Stewart, 445 F. Supp. 2d 882, 2006 U.S. Dist. LEXIS 36634 (E.D. Tenn. 2006).

49-6-3002. State attendance guidelines — No penalty for period of hospital or homebound instruction.

  1. 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. Attendance policies shall be firm but fair so that each student has a reasonable opportunity to meet the minimum requirements;
    2. Effective accounting and reporting procedures shall be developed to keep parents or guardians informed of a student's absence from class;
    3. Policies shall accommodate extenuating circumstances created by emergencies over which the student has no control;
    4. Appeal procedures shall be included to assure the student's right of due process; and
    5. Alternative programs shall be established to provide educational options for any student who severely fails to meet minimum attendance requirements.
  2. 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. 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. Subdivision (c)(1) shall not apply if a student's absence is:
      1. 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. For detention purposes pursuant to § 37-1-114(c).

Acts 1983, ch. 243, § 1; T.C.A., § 49-118; Acts 1990, ch. 903, § 2; 2009, ch. 490, § 1.

NOTES TO DECISIONS

1. Legislative Intent.

The general assembly was not contemplating perfect attendance awards programs when it enacted T.C.A. § 49-6-3002; instead, it was focusing on minimum attendance standards, uniform truancy rules, and the academic effect of these standards and rules on public school students. Richardson v. Fentress County School Bd., 840 S.W.2d 940, 1992 Tenn. App. LEXIS 643 (Tenn. Ct. App. 1992).

2. Purpose.

The purpose of T.C.A. § 49-6-3002 is to adopt uniform minimum attendance standards to prevent students from being kicked out and to save them from the street. Richardson v. Fentress County School Bd., 840 S.W.2d 940, 1992 Tenn. App. LEXIS 643 (Tenn. Ct. App. 1992).

49-6-3003. Tuition or other fees.

    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. 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.
    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. 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.
      1. 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. 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.
      1. 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. 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.

Acts 1925, ch. 115, § 19; Shan. Supp., § 1487a141; Code 1932, § 2472; Acts 1957, ch. 9, § 1; 1965, ch. 239, § 1; 1965, ch. 303, § 1; 1968, ch. 417, § 1; 1972, ch. 693, § 13; 1974, ch. 654, §§ 79, 80; T.C.A. (orig. ed.), § 49-1701; Acts 1990, ch. 649, §§ 1, 2; 1998, ch. 1014, § 1; 2003, ch. 221, § 1.

Attorney General Opinions. Applicability to voluntary tuition payments, OAG 90-36, 1990 Tenn. AG LEXIS 34 (3/16/90).

Tuition and transportation for voluntary year-round school program, OAG 97-129, 1997 Tenn. AG LEXIS 162 (9/22/97).

49-6-3004. School term.

  1. Each public school system shall maintain a term of no less than two hundred (200) days, divided as follows:
    1. One hundred eighty (180) days for classroom instruction;
    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. Five (5) days for in-service education;
    4. One (1) day for teacher-parent conferences;
    5. Four (4) other days as designated by the local board of education upon the recommendation of the director of schools; and
      1. 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. 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).
  2. Vacation days shall be in accordance with policies recommended by the local director of schools and adopted by the local board of education.
      1. 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 the teaching of the components of the Juvenile Offender Act, compiled in title 55, chapter 10, part 7, to all teachers and principals in grades seven through twelve (7-12). 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.
      2. Beginning with the 2019-2020 school year, each local board of education shall require that each teacher employed by the board receive a one-time 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 a teacher will receive for viewing the video required in this subdivision (c)(1)(B). The local board of education shall maintain a record of each teacher 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.
    1. 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.
    2. 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.
  3. 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.
    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 shall 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. Upon approval by the commissioner, the excess instructional time may be used in case of natural disaster, serious outbreaks of illness affecting or endangering students or staff 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. 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.
  4. 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.
  5. 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 basic education program (BEP) 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.
  6. 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.

Acts 1947, ch. 87, § 2; C. Supp. 1950, § 2442.2; Acts 1972, ch. 693, § 14; T.C.A. (orig. ed.), § 49-1709; Acts 1984 (1st E.S.), ch. 7, § 84; 1984, ch. 829, § 34; 1985, ch. 123, §§ 1, 4; 1986, ch. 933, § 4; 1987, ch. 308, §§ 58, 59; 1989, ch. 64, § 12; 1989, ch. 310, § 1; 1990, ch. 662, §§ 1, 2; 1992, ch. 535, § 40; 1994, ch. 938, §§ 1, 2; 1994, ch. 985, § 3; 1995, ch. 366, § 1; 1997, ch. 72, § 1; 1999, ch. 34, § 11; 2002, ch. 558, § 1; 2003, ch. 4, § 1; 2007, ch. 45, § 2; 2007, ch. 247, § 1; 2009, ch. 272, § 1; 2009, ch. 448, § 1; 2010, ch. 715, § 1; 2010, ch. 1100, § 77; 2012, ch. 575, § 1; 2012, ch. 999, § 2; 2014, ch. 833, § 1; 2018, ch. 592, §§ 1, 2; 2019, ch. 269, § 2; 2020, ch. 652, § 8.

Code Commission Notes.

The provisions in subsection (c) concerning the state certification commission were deleted as obsolete by the code commission in 2002.

Compiler's Notes. Acts 2007, ch. 45, § 1 provided that the act shall be known and may be cited as the Jason Flatt Act of 2007.

Acts 2010, ch. 1100, § 153 provided that the commissioner of mental health and developmental disabilities, the commissioner of mental health, the commissioner of intellectual and developmental disabilities, and the commissioner of finance and administration are authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

For the preamble to the act concerning departmental collaboration with institutions of higher education to formally address dyslexia and similar reading disorders, please refer to Acts 2014, ch. 833.

Acts 2014, ch. 833, § 2 provided that the institutions of higher education shall, within available resources, report to the general assembly by March 1, 2015, how these institutions of higher education are addressing reading disorders, such as dyslexia, in their preservice teacher programs. The report shall include, but not be limited to, specific interventions taught including research-based multisensory language-based strategies and dyslexia awareness.

Acts 2019, ch. 269, § 3 provided that the act shall apply to the 2019-2020 school year and each school year thereafter.

For the Preamble to the act concerning severe weather, tornadoes and the COVID-19 threat, see Acts 2020, ch. 652.

Acts 2020, ch. 652, § 13 provided that: “(a) The department of education shall promptly seek a waiver from the United States Department of Education, or seek to amend Tennessee’s Every Student Succeeds Act (ESSA) Plan, as necessary and appropriate to implement chapter 652 of the Public Acts of 2020.

“(b) The state board of education shall promptly revise the high school graduation requirements for the 2019-2020 school year to ensure that high school seniors who were affected by school closures during the spring of the 2019-2020 school year do not fail to receive a high school diploma for which the student was on-track and otherwise eligible to receive on or before April 2, 2020.

“(c) The state board of education shall consult with the department of education, Tennessee higher education commission, and public institutions of higher education to develop guidance, resources, and opportunities for high school students who were enrolled in dual credit or dual enrollment courses during the spring of the 2019-2020 school year, and who were adversely affected by school closures due to COVID-19.

“(d) Notwithstanding Tennessee Code Annotated, Section 4-5-208(a):

“(1) The state board of education may promulgate emergency rules as necessary to address any issues created by school closures due to the outbreak of COVID-19 during the 2019-2020 school year. The rules must be promulgated according to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; and

“(2) The Tennessee student assistance corporation and public institutions of higher education may promulgate emergency rules to protect the financial aid and credit opportunities for high school students who were enrolled in dual credit or dual enrollment courses during the spring of the 2019-2020 school year, and who were adversely affected by school closures due to COVID-19.”

Amendments. The 2020 amendment added (a)(6)(B).

Effective Dates. Acts 2020, ch. 652, § 14. April 2, 2020.

Cross-References. Juvenile Offender Act, informing pupils of provisions, § 49-6-451.

Law Reviews.

Satisfying the State Interest in Education with Private Schools, 49 Tenn. L. Rev. 955 (1982).

Attorney General Opinions. Accumulation of instructional time, OAG 97-118, 1997 Tenn. AG LEXIS 151 (9/02/97).

The beginning and ending dates of the school year for purposes of teach retirement are established independently by each school district, OAG 01-113, 2001 Tenn. AG LEXIS 104 (7/16/01).

A public school system may give a school holiday on a religious holiday, if it has a clearly secular purpose for the school, OAG 04-095, 2004 Tenn. AG LEXIS 104 (5/18/04).

49-6-3005. Children excused from compulsory attendance.

  1. 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. Children mentally or physically incapacitated to perform school duties, such disability to be attested by a duly licensed physician in all cases;
    2. Children who have completed high school and hold a high school diploma;
    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. 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. 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.
  2. 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.
  3. 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.
  4. 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.

Acts 1947, ch. 87, § 3; C. Supp. 1950, § 2442.3; Acts 1955, ch. 97, § 1; 1959, ch. 105, § 1; 1971, ch. 207, § 1; 1972, ch. 842, § 1; 1974, ch. 654, §§ 89, 90; T.C.A. (orig. ed.), §§ 49-1710, 49-1772; Acts 1985, ch. 398, § 2; 1990, ch. 948, § 24; 1992, ch. 535, §§ 79, 80; 1996, ch. 863, § 1; 1997, ch. 392, §§ 3, 6, 7; 2012, ch. 925, § 12; 2015, ch. 182, § 48; 2019, ch. 248, § 64.

Compiler's Notes. Acts 1997, ch. 392, § 9 provided that no LEA shall receive a reduction in local funding from the implementation of the act and the distribution of local funding to multiple local education agencies within one (1) county, shall be adjusted, if necessary, to accomplish this requirement.

Acts 2019, ch. 345, § 102 purported to amend subsection (d) of this section, effective May 10, 2019; however, Acts 2019, ch. 248, § 64 had previously amended the subsection, effective May 2, 2019. Acts 2019, ch. 345, § 102 was not given effect.

Law Reviews.

Satisfying the State Interest in Education with Private Schools, 49 Tenn. L. Rev. 955 (1982).

49-6-3006. Attendance supervisor.

  1. 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.
  2. 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 intervention plan consistent with § 49-6-3009.
  3. The state board of education is authorized to promulgate rules regarding training, licensure, and employment qualifications of attendance supervisors.

Acts 1947, ch. 87, §§ 4-6, 9, 10; C. Supp. 1950, §§ 2442.4-2442.6, 2442.9, 2442.10; Acts 1959, ch. 289, § 1; 1974, ch. 654, §§ 91-93; T.C.A. (orig. ed.), §§ 49-1711 — 49-1715; Acts 1984 (1st E.S.), ch. 6, §§ 15, 16; 1992, ch. 535, § 52; 1992, ch. 657, § 6; 2017, ch. 379, § 1; 2018, ch. 958, § 1.

Cross-References. Local retirement systems, title 49, ch. 5, part 9.

State guidelines, § 49-6-3002.

Tenure of teachers, title 49, ch. 5, part 5.

49-6-3007. List of students — Reports of attendance — Enforcement of compulsory attendance — List of truant students.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
    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.
    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. 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.
      1. 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. 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 first tier of the progressive truancy intervention requirements as described in § 49-6-3009.
      3. Nothing in this section shall prohibit a local board of education from adopting a truancy intervention plan that includes intervention actions to be taken before those required by this subsection (e).
  5. 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.
  6. For the purposes of this part, for recording and coding student absences from school because of disciplinary actions, the following definitions apply:
    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. “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. “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.
      1. 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:
  7. 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;

Receipt of input from neighborhood groups and other interested parties; and

At least one (1) public hearing on the proposed agreement prior to its adoption by the board.

The agreement must provide for:

Training teachers, principals, social workers, and other school personnel concerning truancy issues;

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

Safeguards to protect students from discriminatory or selective enforcement and to protect the civil rights of students and parents.

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.

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).

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.

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:

The parent, guardian, or other person having control of the student;

The principal of the school in which the student is enrolled;

A truancy center established by the LEA; or

The juvenile court, if the juvenile court and the local law enforcement agency have entered into a local interagency agreement.

The powers conferred under such agreements may be exercised without warrant and without subsequent legal proceedings.

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.

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.

Acts 1947, ch. 87, §§ 11-13, 19; C. Supp. 1950, §§ 2442.11-2442.13, 2442.19; Acts 1974, ch. 654, §§ 94-97, 102; T.C.A. (orig. ed.), §§ 49-1716 — 49-1718, 49-1726; Acts 1994, ch. 756, § 1; 1994, ch. 910, §§ 1, 2; 1995, ch. 149, § 1; 1995, ch. 333, § 1; 1996, ch. 1035, §§ 1, 2; 1996, ch. 1079, § 144; 1997, ch. 392, §§ 4, 8; 2000, ch. 704, § 1; 2000, ch. 814, § 1; 2002, ch. 823, §§ 1, 2; 2017, ch. 379, §§ 2, 3; 2018, ch. 958, § 2.

Cross-References. Minimum attendance requirements or standards as condition for passing course or grade, § 49-2-203.

Records kept by teachers, § 49-5-201.

Textbooks. Tennessee Jurisprudence, 15 Tenn. Juris., Injunctions, § 21; 22 Tenn. Juris., School, § 23.

Attorney General Opinions. Use of suspension and excused absences to substantiate truancy petitions, OAG 97-121, 1997 Tenn. AG LEXIS 154 (9/02/97).

Truancy enforcement — private and church-related schools, OAG 00-006, 2000 Tenn. AG LEXIS 6 (1/11/00).

NOTES TO DECISIONS

1. Truancy.

Father's petition alleged that the child had 10 unexcused absences, for which the child could be deemed habitually truant; because the substance of the father's petition alleged that the child was unruly, the allegations implicated the exclusive original jurisdiction of the juvenile court, and thus the trial court lacked subject matter jurisdiction and all actions taken by the trial court were void. Minyard v. Lucas, — S.W.3d —, 2018 Tenn. App. LEXIS 650 (Tenn. Ct. App. Nov. 2, 2018), rev'd, 576 S.W.3d 351, 2019 Tenn. LEXIS 230 (Tenn. May 29, 2019).

49-6-3008. Truancy — Inspections and investigations.

  1. 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.
  2. 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.
  3. 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.

Acts 1947, ch. 87, §§ 14, 15; C. Supp. 1950, §§ 2442.14, 2442.15; Acts 1974, ch. 654, § 100; T.C.A. (orig. ed.), §§ 49-1721, 49-1722; Acts 1989, ch. 591, § 113.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

Law Reviews.

Satisfying the State Interest in Education with Private Schools, 49 Tenn. L. Rev. 955 (1982).

49-6-3009. Educational neglect — Progressive truancy intervention plans — Referral to juvenile court.

  1. 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.
  2. Each day's unlawful absence constitutes a separate offense.
  3. A director of schools or attendance supervisor shall devise and recommend, and the local board of education shall adopt, a progressive truancy intervention plan 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.
  4. Progressive truancy intervention 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). Progressive truancy intervention plans must meet the following requirements:
    1. Tier one of the progressive truancy intervention plan must include, at a minimum:
      1. A conference with the student and the parent, guardian, or other person having control of the student;
      2. 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. A specific description of the school's attendance expectations for the student;
        2. The period for which the contract is in effect; and
        3. Penalties for additional absences and alleged school offenses, including additional disciplinary action and potential referral to juvenile court; and
      3. 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;
    2. Tier two must be implemented upon a student's accumulation of additional unexcused absences in violation of the attendance contract required under tier one. Tier two must include an individualized assessment by a school employee of the reasons a student has been absent from school, and 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. 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. School-based community services;
      2. Participation in a school-based restorative justice program;
      3. Referral to a school-based teen court; or
      4. Saturday or after school courses designed to improve attendance and behavior.
  5. In-school suspension or out-of-school suspension must not be used as part of the progressive truancy intervention plans adopted by schools for unexcused absence from class or school.
    1. Notwithstanding subsections (d) and (g), if any tier of a progressive truancy intervention plan is unsuccessful with a student and the school can document that the student's parent or guardian is unwilling to cooperate in the truancy intervention 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 tiers, if any.
    2. For purposes of this subsection (f), evidence of a parent's or guardian's unwillingness to cooperate in the truancy intervention 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 intervention outlined in subsection (d) or in the local board of education's progressive truancy intervention plan.
  6. If an LEA has applied a progressive truancy intervention 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.
  7. 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. The school applied the progressive truancy intervention plan adopted under subsection (d) for the student; and
    2. The progressive truancy interventions failed to meaningfully address the student's school attendance.
  8. A court shall dismiss a complaint or referral made by an LEA under this section that is not made in compliance with subsection (h).
  9. 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.
  10. 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.
  11. 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.

Acts 1947, ch. 87, § 16; C. Supp. 1950, § 2442.16; T.C.A. (orig. ed.), § 49-1723; Acts 1989, ch. 591, § 113; 2010, ch. 929, § 1; 2011, ch. 220, §§ 1, 2; 2013, ch. 304, § 2; 2017, ch. 379, § 4; 2018, ch. 958, § 3; 2020, ch. 748, § 1.

Amendments. The 2020 amendment, in (f)(1), inserted “any tier of a”, “the director’s” and “without first having to implement subsequent tiers, if any.”; and added (f)(2).

Effective Dates. Acts 2020, ch. 748, § 2. August 1, 2020.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

Law Reviews.

American Bar Association: Joint Task Force on Reversing the School-to-Prison Pipeline, 47 U. Mem. L. Rev. 1 (2016).

Satisfying the State Interest in Education with Private Schools, 49 Tenn. L. Rev. 955 (1982).

49-6-3010. Jurisdiction of school attendance cases.

  1. 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.
  2. 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.

Acts 1947, ch. 87, § 17; C. Supp. 1950, § 2442.17; T.C.A. (orig. ed.), § 49-1724.

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.

Acts 1947, ch. 87, § 18; C. Supp. 1950, § 2442.18; Acts 1974, ch. 654, § 101; T.C.A. (orig. ed.), § 49-1725.

49-6-3012. Truancy schools.

  1. 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.
  2. 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.
  3. 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.

Acts 1947, ch. 87, § 20; C. Supp. 1950, § 2442.20; Acts 1974, ch. 654, § 103; T.C.A. (orig. ed.), § 49-1727.

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.

Acts 1947, ch. 87, § 7; C. Supp. 1950, § 2442.7; Acts 1974, ch. 654, § 98; T.C.A. (orig. ed.), § 49-1719.

49-6-3014. Children lacking clothing or food.

  1. 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.
  2. 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.

Acts 1947, ch. 87, § 8; C. Supp. 1950, § 2442.8; Acts 1974, ch. 654, § 99; T.C.A. (orig. ed.), § 49-1720.

49-6-3015. [Repealed.]

Acts 1927, ch. 19, §§ 1-7; Code 1932, §§ 2443-2452; modified; Acts 1974, ch. 654, §§ 104-106; T.C.A. (orig. ed.), §§ 49-1729 — 49-1737; Acts 1989, ch. 591, § 113; 2006, ch. 755, §§ 1, 2; repealed by Acts 2019, ch. 248, § 65, effective May 2, 2019.

Compiler's Notes. Former § 49-6-3015 concerned compulsory school attendance of blind children.

49-6-3016. Special days and holidays.

  1. 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.
  2. 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.
  3. 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.

Acts 1915, ch. 134, §§ 1-3; Shan., §§ 1456a1, 1456a2; Acts 1925, ch. 115, §§ 27, 28; Shan. Supp., §§ 1487a173, 1487a174, 1487a176; Code 1932, §§ 2500, 2501, 2503-2505; Acts 1947, ch. 94, § 1; C. Supp. 1950, § 2501; Acts 1957, ch. 259, § 1; 1971, ch. 342, § 1; 1972, ch. 775, § 1; 1974, ch. 654, § 114; T.C.A. (orig. ed.), §§ 49-1801 — 49-1807; Acts 1990, ch. 948, § 13.

Cross-References. Holidays generally, title 15.

49-6-3017. Minors withdrawn from secondary school — Denial of motor vehicle license or permit.

  1. For purposes of this section:
    1. Suspension or expulsion from school or confinement in a correctional institution is not a “circumstance beyond the control of the person”;
    2. “Satisfactory academic progress” means making a passing grade in at least three (3) full unit subjects or their equivalency at the conclusion of any grading period; and
    3. “Withdrawal” means more than ten (10) consecutive or fifteen (15) days total unexcused absences during a single semester.
  2. 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. Enrolled and making satisfactory progress in a course leading to a general educational development certificate (GED(R)) from a state-approved institution or organization, or has obtained a GED(R);
    2. Enrolled and making satisfactory academic progress in a secondary school of this state or any other state; or
    3. Excused from such requirement due to circumstances beyond the applicant's control.
  3. 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 and makes satisfactory academic progress 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. When a student licensed to operate a motor vehicle is enrolled in a secondary school and fails to maintain satisfactory academic progress based on end of semester grading, the attendance teacher or director of schools shall follow the procedure set out in this subsection (c) to notify the department of safety. A student who fails to maintain satisfactory academic progress based on end of semester grading may not be considered as being in compliance with this section until such student makes a passing grade in at least three (3) full unit subjects or their equivalency at the conclusion of any subsequent grading period.
  4. Whenever the withdrawal from school of the student, the student's failure to enroll in a course leading to a GED(R) or high school diploma or the student's failure to maintain satisfactory academic progress based on end of semester grading 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 or the student's failure to maintain satisfactory academic progress based on end of semester grading is due to circumstances beyond the control of the person.
  5. A copy of the notice sent to the department of safety by the attendance teacher or the director of schools upon failure of a student to maintain satisfactory academic progress shall also be mailed to that student's parents or guardian.
  6. Notwithstanding any provision of this section to the contrary, any student under eighteen (18) years of age enrolled in a course leading to a GED(R) who has more than ten (10) consecutive or fifteen (15) days total unexcused absences in a semester shall not be considered as making satisfactory academic progress and the student's motor vehicle driver license shall be suspended; or if the student does not have a motor vehicle driver license, the student shall be ineligible to obtain a motor vehicle driver license until the student reaches eighteen (18) years of age. The attendance teacher, director of schools or director of a GED(R) program shall notify the department of safety whenever any student under eighteen (18) years of age enrolled in a course leading to a GED(R) has more than ten (10) consecutive or fifteen (15) days total unexcused absences in a semester.
  7. By September 1 of each year, the department of safety shall report to the education committee of the senate and the education 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.

Acts 1990, ch. 819, § 1; 1994, ch. 860, § 1; 1995, ch. 156, § 1; 1996, ch. 763, §§ 1, 2, 6-8; 2000, ch. 878, § 1; 2001, ch. 235, § 1; 2012, ch. 555, § 1; 2015, ch. 182, § 49; 2019, ch. 345, § 103.

Cross-References. Administrative review of license revocation, § 55-50-508.

Issuance or restoration of withdrawn license, § 55-50-339.

License applications, § 55-50-321.

Licensing of minors, § 55-50-312.

Revocation hearing, § 55-50-509.

Rules and regulations promulgated by commissioner of safety, § 55-50-202.

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.

Acts 1995, ch. 125, § 1; 2017, ch. 96, § 1.

49-6-3019. Excused absence for deployment or return from deployment of parent or guardian in armed forces.

  1. 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. An excused absence for one (1) day when the member is deployed;
    2. An additional excused absence for one (1) day when the service member returns from deployment;
    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. 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.
  2. 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.

Acts 2006, ch. 552, § 1; 2008, ch. 676, § 1; 2013, ch. 155, § 1.

49-6-3020. Documentation of student's withdrawal and transfer.

  1. 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.
  2. 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.

Acts 2010, ch. 735, § 1; 2013, ch. 262, § 1.

49-6-3021. Remedial instruction outside of regular school day.

  1. 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.
  2. 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.
    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. 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. 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.

Acts 2011, ch. 219, § 1; 2013, ch. 304, § 1.

49-6-3022. Excused absence for participation in nonschool-sponsored extracurricular activity.

  1. 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. The student provides documentation to the school as proof of the student's participation in the nonschool-sponsored extracurricular activity; and
    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. The student's full name and personal identification number;
      2. The student's grade;
      3. The dates of the student's absence;
      4. The reason for the student's absence; and
      5. The signature of both the student and the student's parent, custodian, or other person with legal custody or control of the student.
  2. The principal or the principal's designee shall approve, in writing, the student's participation in the nonschool-sponsored extracurricular activity.
  3. 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.
  4. Notwithstanding subsection (c), the principal shall excuse no more than ten (10) absences each school year for students participating in nonschool-sponsored extracurricular activities.

Acts 2015, ch. 141, § 1.

49-6-3023. Rules to ensure incarcerated students provided educational services.

  1. 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.
  2. 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. 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. 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. Providing instruction to students incarcerated in detention centers for a minimum of four (4) hours each instructional day.
  3. The department of education shall monitor the educational services provided to students incarcerated in detention centers.
  4. 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.

Acts 2017, ch. 152, § 1; 2019, ch. 191, § 1.

49-6-3024. Review of laws and policies related to exclusionary discipline of students in pre-kindergarten through kindergarten.

  1. 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.
  2. The review shall:
    1. Examine the number of exclusionary discipline actions issued by an LEA and the length of each respective disciplinary action;
    2. Detail the type of offenses committed by the students that led to the exclusionary discipline action;
    3. Review the impact exclusionary discipline has on students;
    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. 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. Research the possibility of:
      1. Eliminating exclusionary discipline for non-violent offenses; and
      2. Encouraging schools to adopt restorative justice discipline practices.
  3. The department shall develop guidelines and standards for alternatives to exclusionary discipline practices based on the findings of the review required under subsection (b).
  4. The department shall present its findings and a written report to the education committees 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.
  5. 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.

Acts 2017, ch. 204, § 1.

Compiler's Notes. For the Preamble to the act  concerning discipline of students in pre-kindergarten through kindergarten (pre-K-K), please refer to Acts 2017, ch. 204.

49-6-3025. Unlawful withdrawal, transfer, or alteration of enrollment in school with intent to hinder active child abuse or child neglect investigation.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. A violation of subsection (b) is a Class A misdemeanor.
  6. A violation of subsection (b) is a Class E felony if the parent, guardian, or legal custodian takes the child out of state.

Acts 2019, ch. 398, § 1.

Cross-References. Penalty for Class A misdemeanor, § 40-35-111.

Penalty for Class E felony, § 40-35-111.

Mandatory child abuse reports, § 37-1-401 et seq.

Report of child sexual abuse, title 37, ch. 1, part 6.

49-6-3026 — 49-6-3049. [Reserved.]

    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.
      1. 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. 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) shall possess at least a high school diploma or general education development certificate (GED(R)).
    2. 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.
  1. 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. 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. 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. 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. Possession of a high school diploma or GED(R) by the parent-teacher;
      1. 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;
        1. 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. 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. 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;
      1. 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. 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;
        1. 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. 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);
    5. Proof shall be submitted to the local director of schools that the home school student has been vaccinated as required by § 49-6-5001 and has received any other health services or examinations as may be required by law generally for children in this state; and
    6. 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.
  2. 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.
  3. 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.
    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. 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. 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.
    1. As used in this subsection (f):
      1. “AP” means the advanced placement program offered by the College Board; and
      2. “PSAT/NMSQT” means the Preliminary SAT/National Merit Scholarship Qualifying Test administered by the College Board and National Merit Scholarship Corporation.
    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. The availability of AP and PSAT/NMSQT examinations; and
      2. The availability of outside financial assistance to low-income and needy students to take the AP and PSAT/NMSQT examinations.
    3. Home school students shall be permitted to take the AP and PSAT/NMSQT examinations at any public school offering such examinations.

Acts 1985, ch. 398, § 3; 1987, ch. 42, §§ 2-5; 1987, ch. 308, § 33; 1994, ch. 725, §§ 1-3; 1995, ch. 534, § 1; 1997, ch. 434, §§ 4, 5; 2005, ch. 177, § 4; 2011, ch. 499, §§ 1-8; 2013, ch. 225, § 1; 2016, ch. 732, § 1.

Compiler's Notes. Acts 2013, ch. 225, § 2 provided that the act, which added subsection (e), shall apply to participation in extracurricular athletics beginning with the 2013-2014 academic year.

Cross-References. Compliance, § 49-13-111.

Information about meningococcal disease and the effectiveness of vaccination, §§ 49-50-802, 49-6-5005.

Public school nurse program, duties of executive director, § 68-1-1202.

School age, entrance, attendance, withdrawal, § 49-6-3001.

Sanders Model, value added assessment, § 49-1-603.

Law Reviews.

Adding It Up: Implications of Tennessee's New High School Transition Policy and Graduation Requirements for Students with Disabilities (Kenlyn Foster-Spence), 76 Tenn. L. Rev. 447 (2009).

Attorney General Opinions. Home schooling — parents'/legal guardians' notification of director of schools by August 1, OAG 00-049, 2000 Tenn. AG LEXIS 49 (3/20/00).

Requiring home school students to take TCAP and other examinations.  OAG 11-44, 2011 Tenn. AG LEXIS 46 (5/17/11).

NOTES TO DECISIONS

1. School Reading Programs.

Allowing students to opt out of a school district's reading program because of first amendment's free exercise grounds, and enter into a total curriculum alternative, does not contravene the establishment clause. There is neither state sponsorship, financial support, nor active involvement of the sovereign in religious activity. Mozert v. Hawkins County Pub. Sch., 647 F. Supp. 1194, 1986 U.S. Dist. LEXIS 18591 (E.D. Tenn. 1986), rev'd, Mozert v. Hawkins County Bd. of Education, 827 F.2d 1058, 1987 U.S. App. LEXIS 11385, 102 A.L.R. Fed. 497 (6th Cir. Tenn. 1987).

2. State's Power over Public Education.

The state has a compelling interest in the proper schooling of all children. Pursuant to this interest, the state has the power to compel attendance upon duly established public schools or their equivalent. Crites v. Smith, 826 S.W.2d 459, 1991 Tenn. App. LEXIS 721 (Tenn. Ct. App. 1991).

The government has the power to see that the children of its citizens receive an education according to reasonable minimum standards from instructors having minimum qualifications. The free exercise of religion or the right to control education cannot be used to defeat this power of government. Crites v. Smith, 826 S.W.2d 459, 1991 Tenn. App. LEXIS 721 (Tenn. Ct. App. 1991).

3. Non-Degreed Parents.

By omitting to establish or mandate guidelines, the general assembly has left non-degreed parents the task of presenting to the commissioner a set of qualifications so compelling that the refusal of an exemption from the requirement that applicants possess at least a baccalaureate degree to conduct a home school would be so unreasonable, arbitrary and capricious as to be unlawful and judicially correctable by common law certiorari. Crites v. Smith, 826 S.W.2d 459, 1991 Tenn. App. LEXIS 721 (Tenn. Ct. App. 1991).

4. Judicial Review.

Judicial review of the commissioner of education's refusal to grant an exemption from the requirement that applicants possess a baccalaureate degree to conduct a home school must by its nature be sought in individual cases and not in a group or class action. Crites v. Smith, 826 S.W.2d 459, 1991 Tenn. App. LEXIS 721 (Tenn. Ct. App. 1991).

Former language providing that an applicant for a permit to conduct a home school “may request” an exemption from the requirement that applicants possess at least a baccalaureate degree to conduct a home school does mandate a reasonable and responsible administrative consideration of the request, and a response thereto in such a manner as to be judicially reviewed by certiorari. By this means, the inherent power of the courts to restrain unreasonable, arbitrary or capricious administrative actions may be exercised in appropriate cases. Crites v. Smith, 826 S.W.2d 459, 1991 Tenn. App. LEXIS 721 (Tenn. Ct. App. 1991).

Where an administrative action by the commissioner of education is reasonable, it is not for the courts to dictate to the commissioner a different action which an expert or the courts might deem more reasonable. Crites v. Smith, 826 S.W.2d 459, 1991 Tenn. App. LEXIS 721 (Tenn. Ct. App. 1991).

5. Challenge by Noncustodial Parent.

Home schooling is not inherently inimical to a child's health or welfare and does not necessarily impose a substantial social burden on a child. Accordingly, noncustodial parent challenging the custodial parent's decision to educate a child through home schooling cannot prevail solely on such ground. Rust v. Rust, 864 S.W.2d 52, 1993 Tenn. App. LEXIS 447 (Tenn. Ct. App. 1993).

49-6-3051. Parental or guardian notice to school of child's criminal offenses — List of goals — Confidentiality — Violations and penalties.

  1. 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. Initially enrolls in an LEA;
    2. Resumes school attendance after suspension, expulsion or adjudication of delinquency; or
    3. Changes schools within this state.
  2. 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. 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. First degree murder, as defined in § 39-13-202;
      2. Second degree murder, as defined in § 39-13-210;
      3. Rape, as defined in § 39-13-503;
      4. Aggravated rape, as defined in § 39-13-502;
      5. Rape of a child, as defined in § 39-13-522;
      6. Aggravated rape of a child, as defined in § 39-13-531;
      7. Aggravated robbery, as defined in § 39-13-402;
      8. Especially aggravated robbery, as defined in § 39-13-403;
      9. Kidnapping, as defined in § 39-13-303;
      10. Aggravated kidnapping, as defined in § 39-13-304;
      11. Especially aggravated kidnapping, as defined in § 39-13-305;
      12. Aggravated assault, as defined in § 39-13-102;
      13. Felony reckless endangerment pursuant to § 39-13-103; or
      14. Aggravated sexual battery, as defined in § 39-13-504; or
    2. In this state for any of the following offenses:
      1. Voluntary manslaughter, as defined in § 39-13-211;
      2. Criminally negligent homicide, as defined in § 39-13-212;
      3. Sexual battery by an authority figure, as defined in § 39-13-527;
      4. Statutory rape by an authority figure, as defined in § 39-13-532;
      5. Prohibited weapon, as defined in § 39-17-1302;
      6. Unlawful carrying or possession of a firearm, as defined in § 39-17-1307;
      7. Carrying weapons on school property, as defined in § 39-17-1309;
      8. Carrying weapons on public parks, playgrounds, civic centers, and other public recreational buildings and grounds, as defined in § 39-17-1311;
      9. Handgun possession, as defined in § 39-17-1319;
      10. Providing handguns to juveniles, as defined in § 39-17-1320; or
      11. Any violation of § 39-17-417 that constitutes a Class A or Class B felony; or
    3. An offense not listed in this subsection (b) for which a court has ordered school notification based on the circumstances surrounding the offense.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.

Acts 1999, ch. 462, § 1; 2003, ch. 238, § 4; 2008, ch. 1053, § 1; 2009, ch. 160, § 2; 2019, ch. 313, § 2.

Cross-References. Confidentiality of records, § 10-7-504.

Penalty for Class A and Class B felonies, § 40-35-111.

Penalty for Class C misdemeanor, § 40-35-111.

Attorney General Opinions. Construction of statutes requiring notification of the school when a student has been found delinquent by virtue of committing certain offenses, OAG 07-127, 2007 Tenn. AG LEXIS 127 (8/27/07).

Part 31
Assignment of Students Generally

49-6-3101. Enrollment of dependent child of service member.

  1. As used in this section:
    1. “Dependent child” means a child of school age who is the natural child, stepchild, or adopted child of a service member; and
    2. “Service member” means a member of the United States armed forces who is engaged in active military service.
  2. 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. 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. 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.
  3. 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.

Acts 2019, ch. 138, § 1.

Code Commission Notes.

Former § 49-6-3101, concerning censuses and surveys within school systems, was deleted as obsolete by the code commission in 2009.

Compiler's Notes.  Acts 2019, ch. 138, § 2 provides that this section shall apply to students seeking enrollment in a public school in this state for the 2019-2020 school and each school year thereafter.

49-6-3102. Assignment of students by local board.

    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. 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.
  1. 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.
  2. 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.
  3. 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.
    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. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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. The abuse occurred while the child was under the supervision or care of the school; and
    2. The perpetrator of the abuse is:
      1. Substantiated by the department of children's services;
      2. Adjudicated by a juvenile court to have committed the child sexual abuse; or
      3. Criminally charged.

Acts 1957, ch. 13, §§ 1, 4; 1974, ch. 654, § 109; T.C.A., §§ 49-1741, 49-1744; Acts 2006, ch. 756, § 1; 2007, ch. 314, § 3; 2009, ch. 331, § 1; 2010, ch. 721, § 1; 2013, ch. 397, §§ 3, 4; 2015, ch. 286, § 1.

Compiler's Notes. For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Attorney General Opinions. Local school board authority to assign students within system, OAG 99-055, 1999 Tenn. AG LEXIS 44 (3/9/99).

NOTES TO DECISIONS

1. Pupil Placement Law.

2. —Provisions for Desegregation.

The Pupil Assignment Law (title 49, ch. 6, parts 31 and 32) is not adequate as a plan for reorganizing the schools into a nonracial system. Northcross v. Board of Education, 302 F.2d 818, 1962 U.S. App. LEXIS 5585 (6th Cir. Tenn. 1962), cert. denied, 370 U.S. 944, 82 S. Ct. 1586, 8 L. Ed. 2d 810, 1962 U.S. LEXIS 906 (1962).

Provisions in proposed desegregation plan for preservation of rights created by Tennessee Pupil Placement Law are not necessary as a vehicle for desegregation and therefore the provisions have no proper place or function in the plan. Vick v. County Board of Education, 205 F. Supp. 436, 1962 U.S. Dist. LEXIS 3837 (W.D. Tenn. 1962).

A pupil assignment plan adopted by a board of education which divided the school city into attendance zones based upon population and the capacity and facilities of school buildings located in each zone with provision for transfer of students upon request to school of choice was inadequate as a program for desegregation where nearly all white students requested and obtained transfer from predominantly black schools to all-white schools, black students requested and obtained transfer from overwhelmingly white schools to schools with more black students, and black students were denied transfers to all-white schools. Monroe v. Board of Comm'rs, 391 U.S. 450, 88 S. Ct. 1700, 20 L. Ed. 2d 733, 1968 U.S. LEXIS 1553 (1968).

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. Available room and teaching capacity in the various schools;
  2. The geographical location of the place of residence of the pupil as related to the various schools of the system;
  3. The availability of transportation facilities;
  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. The effect of the admission of new pupils upon established or proposed academic programs;
  6. The suitability of established curricula for particular pupils;
  7. The adequacy of the pupil's academic preparation for admission to a particular school and curriculum;
  8. The scholastic aptitude and relative intelligence or mental energy or ability of the pupil;
  9. The psychological qualifications of the pupil for the type of teaching and associations involved;
  10. The effect of admission of the pupil upon the academic program of other students in a particular school or facility;
  11. The effect of admission upon prevailing academic standards at a particular school;
  12. The psychological effect upon the pupil of attendance at a particular school;
  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. 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. The possibility or threat of friction or disorder among pupils or others;
  16. The possibility of breaches of the peace or ill will or economic retaliation within the community;
  17. The home environment of the pupil;
  18. The maintenance or severance of established social and psychological relationships with other pupils and with teachers;
  19. The choice and interests of the pupil;
  20. The sex, morals, conduct, health and personal standards of the pupil;
  21. The request or consent of parents or guardians and the reasons assigned therefor; and
  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.

Acts 1957, ch. 13, § 2; 1974, ch. 654, § 110; T.C.A., § 49-1742.

Attorney General Opinions. Local school board authority to assign students within system, OAG 99-055, 1999 Tenn. AG LEXIS 44 (3/9/99).

49-6-3104. Transfer of students.

  1. 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.
  2. State school funds shall follow the student into the school system to which the student is transferring under this section.
  3. Tuition may be charged by a local school system to which a student transfers as provided in § 49-6-3003.
  4. 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.
  5. 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.
  6. 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.
    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 basic education program (BEP) 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. Using a per pupil average, to the extent the total state and local BEP funds associated with an impacted student are less than the amount of the total state and local BEP funds provided for a student in the receiving LEA, the department of education shall withhold from the sending LEA's state BEP payments an amount equal to the difference and include such funds in the receiving LEA's state BEP payments. In no event shall the total state and local BEP funds associated with an impacted student exceed the amount of total state and local BEP funds provided for a student in the receiving LEA.
    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. 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.

Acts 1925, ch. 115, § 19; Shan. Supp., § 1487a141; Code 1932, § 2472; Acts 1957, ch. 9, § 1; 1965, ch. 239, § 1; 1965, ch. 303, § 1; 1968, ch. 417, § 1; 1972, ch. 693, § 13; 1974, ch. 654, §§ 79, 80; T.C.A. (orig. ed.), § 49-1701; Acts 1990, ch. 649, § 3; 1992, ch. 535, § 88; 2016, ch. 882, §§ 1, 2.

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.

Acts 1957, ch. 13, § 5; T.C.A., § 49-1745; Acts 1992, ch. 535, § 88; 2013, ch. 214, § 6.

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 to advance directly to grade two (2).

Acts 1957, ch. 13, § 6; 1974, ch. 655, § 1; T.C.A., § 49-1746; Acts 2019, ch. 248, § 66.

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.

Acts 1957, ch. 13, § 7; T.C.A., § 49-1747.

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 basic education program (BEP) 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.

Acts 1957, ch. 90, § 1; 1974, ch. 654, § 112; T.C.A., § 49-1764; Acts 1987, ch. 286, § 1; 1988, ch. 498, § 1.

Law Reviews.

Constitutional Law — 1962 Tennessee Survey (James C. Kirby, Jr.), 16 Vand. L. Rev. 649.

49-6-3109. Unlawful discrimination.

  1. 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.
    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. No school district, school zone or attendance unit, by whatever name known, shall be established, reorganized or maintained for any such purpose.
    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. 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.

Acts 1970, ch. 474, §§ 1, 2; 1976, ch. 446, § 1; T.C.A., §§ 49-1770, 49-1771.

Law Reviews.

The Burden of Brown: Thirty Years of School Desegregation (Raymond Wolters), 54 Tenn. L. Rev. 151 (1986).

49-6-3110. Limits on class size.

  1. It is the purpose and intent of the general assembly to provide for a standardized and efficient administration of the public school systems throughout this state.
  2. The director of each school district shall submit to the commissioner requests for waivers on class size limits before November 15 of the school year.
  3. Following November 15, if monthly attendance reports reveal that additional classrooms do not comply with state class size maximum limits, the directors shall request from the commissioner a waiver on class size limits by the fifteenth day of the next calendar month.

Acts 1973, ch. 266, §§ 1-5; 1974, ch. 654, § 113; T.C.A., §§ 49-1773 — 49-1777; Acts 1990, ch. 1024, § 25; 2018, ch. 725, §§ 41, 42.

49-6-3111. Enrollment of secondary students in postsecondary institutions.

  1. 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.
    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. 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).

Acts 1983, ch. 395, § 1; T.C.A., § 49-1778; Acts 1990, ch. 1066, §§ 1, 2.

Law Reviews.

Selected Tennessee Legislation of 1983 (N. L. Resener, J. A. Whitson, K. J. Miller), 50 Tenn. L. Rev. 785 (1983).

49-6-3112. Children residing on property located in two counties.

    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.
      1. 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. 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. This subdivision (a)(2) applies only in counties with a population, according to the 1980 federal census or any subsequent federal census, of:

        not less than  nor more than

        16,575 16,675

        32,760 32,800

        48,400 48,500

        49,400 49,500

        67,300 67,400

  1. 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.
  2. 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.

Acts 1989, ch. 383, § 1; 1991, ch. 496, §§ 1, 2; 1991, ch. 512, § 1; 2008, ch. 1002, §§ 1, 2.

Compiler's Notes. For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

49-6-3113. Dependents of teachers — Attendance at parent's school.

  1. Notwithstanding any provision of this part to the contrary, if a parent of a student teaches at a school located outside the school system of their residence, the student may attend that school and must adhere to that school system's tuition requirements. This section is subject to the procedures in §§ 49-6-3104 and 49-6-3105.
    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. 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.

Acts 1992, ch. 669, § 1; 1997, ch. 264, §§ 1, 2; 1998, ch. 867, § 1; 1999, ch. 511, §§ 1-3.

49-6-3114. Development of transition plan when treatment program believes child leaving treatment poses threat of serious harm — Confidentiality — Violation.

  1. 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.
    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. 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. A violation of the confidentiality provisions of subdivisions (b)(1) and (2) is a Class C misdemeanor.

Acts 2007, ch. 314, § 2.

Cross-References. Assignment of students by local board, § 49-6-3102.

Confidentiality of public records, § 10-7-504.

Delinquent child, disposition, and restitution, § 37-1-131.

Penalty for Class C misdemeanor, § 40-35-111.

49-6-3115. Promotion of students from third grade.

  1. Beginning with the 2011-2012 school year, a student in the third grade shall not be promoted to the next grade level unless the student has shown a basic understanding of curriculum and ability to perform the skills required in the subject of reading as demonstrated by the student's grades or standardized test results. However, such student may be promoted if the student participates in an LEA approved research-based intervention prior to the beginning of the next school year. This section shall not apply to students who have IEPs pursuant to 20 U.S.C. § 1400 et seq.
  2. Notwithstanding subsection (a), charter schools may promote or retain students based upon the students’ demonstrated skills on the Tennessee comprehensive assessment program (TCAP) tests or upon their grades.

Acts 2011, ch. 351, § 1; 2012, ch. 909, § 1.

Part 32
Challenges to Student Assignments

49-6-3201. Application for hearing.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.

Acts 1957, ch. 13, § 8; T.C.A., § 49-1748; Acts 2013, ch. 397, §§ 5, 6.

Cross-References. Application for admission or transfer, § 49-6-3105.

Attorney General Opinions. Local school board authority to assign students within system, OAG 99-055, 1999 Tenn. AG LEXIS 44 (3/9/99).

NOTES TO DECISIONS

1. Relief in Federal Courts.

Where there was nothing in the act (Acts 1957, ch. 13) which was inconsistent with a continued policy of compulsory racial segregation, the administrative remedy afforded was inadequate and plaintiff was not required to pursue the administrative remedy prior to seeking injunctive relief in federal court. Kelly v. Board of Education, 159 F. Supp. 272, 1958 U.S. Dist. LEXIS 2630 (D. Tenn. 1958).

2. Provision for Desegregation.

A pupil assignment plan adopted by a board of education which divided the school city into attendance zones based upon population and the capacity and facilities of school buildings located in each zone with provision for transfer of students upon request to school of choice was inadequate as a program for desegregation where nearly all white students requested and obtained transfer from predominantly black schools to all-white schools, black students requested and obtained transfer from overwhelmingly white schools to schools with more black students, and black students were denied transfers to all-white schools. Monroe v. Board of Comm'rs, 391 U.S. 450, 88 S. Ct. 1700, 20 L. Ed. 2d 733, 1968 U.S. LEXIS 1553 (1968).

3. Construction.

Statute is not construed as providing a means by which parents can challenge a school system's refusal to enroll a student based on non-residency status; the statute speaks in terms of challenging the assignment of a student to a particular school, and when a student is refused enrollment based on the failure to establish residency, he or she is not assigned by the school system. Bean v. Wilson Cnty. Sch. Sys., 488 S.W.3d 782, 2015 Tenn. App. LEXIS 884 (Tenn. Ct. App. Oct. 29, 2015), appeal denied, — S.W.3d —, 2016 Tenn. LEXIS 158 (Tenn. Feb. 18, 2016).

49-6-3202. Decision of board.

  1. 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.
  2. Within a reasonable time after the completion of the hearing, the board shall enter a written order either granting or denying the protest.
  3. 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.
  4. 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).

Acts 1957, ch. 13, § 9; T.C.A., § 49-1749; Acts 2009, ch. 331, § 2.

Compiler's Notes. For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

49-6-3203. Evidence.

    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. 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. No factual information or evidence other than that contained in the record shall be considered in the determination of the cause.
    4. Documentary evidence may be received in the form of copies or excerpts or by incorporation by reference.
    5. Each party shall have the right of cross-examination of witnesses who testify and shall have the right to submit rebuttal evidence.
    6. The board may take notice of judicially cognizable facts.
    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.
    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. 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. 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.
  1. 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.
    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. The board or its counsel may introduce evidence in support of the actions of the board.
    3. Members of the board may cross-examine any witness testifying at the hearings.
  2. 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.

Acts 1957, ch. 13, §§ 10-13; T.C.A., §§ 49-1750 — 49-1753.

49-6-3204. Hearing by examiners — Decision by board.

  1. 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.
  2. 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.
    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. 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.

Acts 1957, ch. 13, § 14; T.C.A., § 49-1754; Acts 2009, ch. 331, § 3.

Compiler's Notes. For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

49-6-3205. Judicial review.

  1. 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.
    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. The petition shall be addressed to the presiding chancellor and shall name the board of education as defendant.
    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. 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.
  2. The petitioner shall give bond for costs as in other chancery suits or oath of paupers in lieu of the bond.
    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. In lieu of notice by registered or certified mail, subpoena to answer may be personally served on each defendant as in other chancery cases.
  3. 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.
    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. Amendments may be granted as in other chancery proceedings.
  4. 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.
    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. 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.
  5. 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.
  6. The findings of fact of the board of education shall be considered final if supported by substantial evidence on the entire record.
  7. 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.
  8. The chancellor shall reduce findings of fact and conclusions of law to writing and make them a part of the record.
  9. 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.
  10. 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.
    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. The court shall consider and decide each individual case separately on its merits.
    3. The assignment of each child shall be considered to be an individual case, and no class actions shall be maintained.

Acts 1957, ch. 13, §§ 15-21; 1981, ch. 449, § 2; T.C.A., §§ 49-1755 — 49-1761.

Cross-References. Certified mail in lieu of registered mail, § 1-3-111.

49-6-3206. Rights of board members.

  1. 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.
  2. 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.
  3. 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.

Acts 1957, ch. 13, §§ 22, 23; 1974, ch. 654, § 111; T.C.A., §§ 49-1762, 49-1763.

Part 33
Enforcement Powers of Education Department

49-6-3301. Supervisor of census and attendance.

  1. 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.
  2. 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.
  3. 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.
  4. 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.

Acts 1945, ch. 143, § 1; C. Supp. 1950, § 2475.1; Acts 1974, ch. 654, § 107; T.C.A. (orig. ed.), § 49-1738.

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.

Acts 1945, ch. 143, § 2; C. Supp. 1950, § 2475.2; Acts 1974, ch. 654, § 108; T.C.A. (orig. ed.), § 49-1739.

Part 34
Suspension of Students

49-6-3401. Suspension of students — Expulsion of students — Exception for self-defense.

  1. 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. Willful and persistent violation of the rules of the school;
    2. Immoral or disreputable conduct or vulgar or profane language;
    3. Violence or threatened violence against the person of any personnel attending or assigned to any public school;
    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. Inciting, advising or counseling of others to engage in any of the acts enumerated in subdivisions (a)(1)-(4);
    6. Marking, defacing or destroying school property;
    7. Possession of a pistol, gun or firearm on school property;
    8. Possession of a knife and other weapons, as defined in § 39-17-1301 on school property;
    9. Assaulting a principal, teacher, school bus driver or other school personnel with vulgar, obscene or threatening language;
    10. Unlawful use or possession of barbital or legend drugs, as defined in § 53-10-101;
    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. 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. Any other conduct prejudicial to good order or discipline in any public school; and
    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. 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. That adversely affects the safety and well-being of other pupils;
      2. That disrupts a class or school sponsored activity; or
      3. Prejudicial to good order and discipline occurring in class, during school-sponsored activities or on the school campus.
    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.
    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. 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. The suspension, which shall be for a period of no more than ten (10) days;
      2. The cause for the suspension; and
      3. The conditions for readmission, which may include, at the request of either party, a meeting of the parent or guardian, student and principal.
    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.
      1. 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. 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. 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. 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.
    4. 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.
    5. 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.
  2. 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.
  3. 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.
  4. 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. If the recommendation is to deny admission and if the local board approves the director of schools' recommendation, the director of schools shall, on behalf of the board of education, notify the commissioner of the decision. 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. 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. Notwithstanding other provisions of this section or any other law, a student shall be considered in violation of a zero tolerance offense and shall be expelled for a period of not less than one (1) calendar year, except that the director of schools may modify this expulsion on a case-by-case basis for the following:
      1. A student brings to school or is in unauthorized possession on school property of a firearm, as defined in 18 U.S.C. § 921;
      2. A student 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; or
      3. A student 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.
    3. Nothing in this section prohibits the assignment of students who are subject to expulsion from school to an alternative school.
    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. For purposes of this subsection (g):
      1. “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. “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.
  5. The commissioner of education shall report on an annual basis to the education committee of the senate and the education 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.
  6. 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.

Acts 1925, ch. 115, § 8; Shan. Supp., § 1487a52; Code 1932, § 2341; Acts 1959, ch. 94, § 1; 1970, ch. 344, § 1; 1970, ch. 580, § 1; 1974, ch. 654, § 69; 1981, ch. 117, §§ 1-7; 1982, ch. 608, §§ 1, 2; T.C.A. (orig. ed.), § 49-1309; Acts 1986, ch. 671, § 1; 1988, ch. 646, § 1; 1991, ch. 382, §§ 1, 2; 1991, ch. 411, § 1; 1992, ch. 949, § 1; 1993, ch. 383, § 1; 1995, ch. 268, § 1; 1995, ch. 365, § 1; 1998, ch. 830, § 1; 2000, ch. 634, § 3; 2007, ch. 212, § 1; 2007, ch. 402, § 1; 2007, ch. 457, § 1; 2008, ch. 916, § 1; 2011, ch. 410, § 4(v); 2012, ch. 687, § 1; 2012, ch. 848, § 42; 2013, ch. 214, § 4; 2013, ch. 222, §§ 1, 2; 2013, ch. 442, § 1; 2015, ch. 182, § 50; 2015, ch. 501, § 2; 2018, ch. 958, § 4; 2019, ch. 345, § 104.

Compiler's Notes. For the Preamble to the act concerning the prohibition against establishment of a special committee if there is a standing committee on the same subject, please refer to Acts 2011, ch. 410.

Acts 2015, ch. 501,  § 3 provided that the act, which amended (a)(14), shall apply to any violent felonies or violent felony delinquency acts occurring on or after July 1, 2015.

Cross-References. Night schools for students suspended for misconduct, § 49-6-501.

Suspension of convicted juvenile's driver's license § 55-50-512.

Attorney General Opinions. Expulsion and suspension distinguished, OAG 97-142, 1997 Tenn. AG LEXIS 179 (10/23/97).

“Weapon” defined for purposes of expulsion and suspension, OAG 97-142, 1997 Tenn. AG LEXIS 179 (10/23/97).

Local education agency may not refuse to enroll a child in DCS custody if the child has been suspended or expelled from another LEA, unless the child was expelled less than one year previously for one of the “zero tolerance” offenses outlined in T.C.A. § 49-6-3401(g), OAG 03-105, 2003 Tenn. AG LEXIS 124 (8/21/03).

Local education agency has the authority to adopt and enforce a zero tolerance policy that requires the expulsion of a student for a first-offense possession of marijuana on school property, OAG 05-094, 2005 Tenn. AG LEXIS 96 (6/13/05).

NOTES TO DECISIONS

1. Constitutionality.

Although public school regulation forbidding students wearing “provocative symbols” is clearly violative of those provisions of U.S. Const. amends. 1 and 14, guaranteeing the right of free speech, suspension by school principal of student for refusing to remove confederate flag shoulder patch, where manner in which suspension was accomplished was fundamentally fair and regular, and where wearing of confederate flag symbol had in past and could reasonably be expected in future to cause serious disturbance in the school, was not violative of student's rights to free speech and represented no denial of procedural due process or equal protection of the laws under the first or fourteenth amendments, since the principal is charged with and responsible for maintaining such discipline and order within the school as will permit the educational process to be carried out and the principal's plenary authority in this regard is not dependent on any written code of student conduct. Melton v. Young, 328 F. Supp. 88, 1971 U.S. Dist. LEXIS 12797 (E.D. Tenn. 1971), aff'd, 465 F.2d 1332, 1972 U.S. App. LEXIS 7708 (6th Cir. Tenn. 1972).

The federal court refused to decide if this section violated the U.S. Const. amends. 1 and 14 until the state courts have adjudicated the meaning of the statute and its validity as an enactment of state law. Carter v. Taylor, 409 F. Supp. 1162, 1975 U.S. Dist. LEXIS 16018 (E.D. Tenn. 1975).

One-day in-school suspension, during which a student was required to complete school work and was recorded as having attended school, did not deprive her of a property interest in educational benefits or a liberty interest in reputation; because such a suspension was de minimis, it did not implicate constitutional due process requirements. Laney v. Farley, 501 F.3d 577, 2007 FED App. 0344P, 2007 FED App. 344P, 2007 U.S. App. LEXIS 20553 (6th Cir. Aug. 28, 2007).

2. General Powers and Duties.

A public school principal is responsible for maintaining such discipline and order within the school as will permit the educational processes to be carried out. Carter v. Taylor, 409 F. Supp. 1162, 1975 U.S. Dist. LEXIS 16018 (E.D. Tenn. 1975).

Where former student challenged suspension by the principal by calling into question the constitutionality of this section, the court held that under Tennessee law a principal is charged with the responsibility for the operation of the school to which assigned and, since the principal's authority in this regard is commensurate with the principal's charge, the principal's action in expelling or suspending plaintiff was not dependent on the validity of this statute. Carter v. Taylor, 409 F. Supp. 1162, 1975 U.S. Dist. LEXIS 16018 (E.D. Tenn. 1975).

3. Expulsion of Student.

Where a student was suspended for violating a zero tolerance policy, the student's due process and equal protection claims failed to survive summary judgment, because the student received notice and an opportunity to be heard, the punishment imposed bore a rational relationship to the offense, and because imposition of the one-year suspension was not so unrelated to the legitimate interest in safety and security that one could only conclude that the suspension was irrational. Vann v. Stewart, 445 F. Supp. 2d 882, 2006 U.S. Dist. LEXIS 36634 (E.D. Tenn. 2006).

4. Due Process.

Trial court erred in a T.C.A. § 27-8-101 certiorari proceeding in expunging a student's 10-day suspension because the student was afforded due process when he was allowed to submit a written statement to the principal before his suspension, when he orally presented his version of events to the hearing board, and when he appealed the board's decision to the director's designee; the dual role of a disciplinary coordinator did not violate due process. There was material evidence showing that the student's conduct constituted reckless endangerment as defined in the Code of Conduct. Christian Heyne v. Metro. Nashville Bd. of Pub. Educ., — S.W.3d —, 2011 Tenn. App. LEXIS 235 (Tenn. Ct. App. May 6, 2011), aff'd, Heyne v. Metro. Nashville Bd. of Pub. Educ., 380 S.W.3d 715, 2012 Tenn. LEXIS 646 (Tenn. Sept. 27, 2012).

Under Tenn. Const. art. I, § 8, where a student is suspended for 10 days or less, the student must be given oral or written notice of the charges against him and, if he denies them, an explanation of the evidence the authorities have and an opportunity to present his side of the story. Heyne v. Metro. Nashville Bd. of Pub. Educ., 380 S.W.3d 715, 2012 Tenn. LEXIS 646 (Tenn. Sept. 27, 2012).

Where a student was suspended for 10 days, the fact that a disciplinary coordinator had performed both prosecutorial and decision-making functions, without more, did not deprive the student of his due process rights, as it was impossible and undesirable for administrators involved in incidents of misbehavior always to be precluded from acting as decision-makers. Heyne v. Metro. Nashville Bd. of Pub. Educ., 380 S.W.3d 715, 2012 Tenn. LEXIS 646 (Tenn. Sept. 27, 2012).

Claim by a student who was suspended for 10 days that he was deprived of his due process rights failed, as there was no evidence that school officials had decided that discipline at the school was tainted by racial bias or that they tried to correct the problem by singling out Caucasian students for unwarranted discipline. Heyne v. Metro. Nashville Bd. of Pub. Educ., 380 S.W.3d 715, 2012 Tenn. LEXIS 646 (Tenn. Sept. 27, 2012).

5. Suspension of Student.

Where appellants' son was suspended for 10 days after he drove his car at a group of students and ran over a student's foot, the evidence supported school officials' finding that he violated a school rule prohibiting “reckless endangerment”; that he did not intend to hurt anyone did not undermine the officials' conclusion that he was reckless. Heyne v. Metro. Nashville Bd. of Pub. Educ., 380 S.W.3d 715, 2012 Tenn. LEXIS 646 (Tenn. Sept. 27, 2012).

6. Zero Tolerance Policies.

The board may not absolve itself of its obligation, legal and moral, to determine whether students intentionally committed the acts for which their expulsions are sought by hiding behind a zero tolerance policy that purports to make the students' knowledge a non-issue. Seal v. Morgan, 229 F.3d 567, 2000 FED App. 358P, 2000 U.S. App. LEXIS 24939 (6th Cir. Tenn. 2000) (decided under former § 49-6-4216.)

49-6-3402. Alternative schools for suspended or expelled students — Mandated attendance.

  1. 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.
  2. 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.
      1. 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.
        1. 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. 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. 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.
      2. 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.
      1. 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. 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. The student has violated the rules of the alternative school or alternative program; or
        2. 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. 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. The director of schools, or the director's designee, shall make the final decision on removal.
    1. 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).
  3. 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.
  4. 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.
    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. 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.
  5. 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).
    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 to alternative schools and from alternative schools to regular 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. The state board of education shall adopt policies or guidelines to assist LEAs in developing transition plans.

Acts 1984 (1st E.S.), ch. 5, § 1; 1986, ch. 939, § 1; 1992, ch. 535, § 41; 1996, ch. 988, § 12; 1998, ch. 871, § 3; 2005, ch. 200, § 1; 2006, ch. 895, § 1; 2007, ch. 455, § 1; 2007, ch. 517, § 4; 2009, ch. 192, § 1; 2019, ch. 465, § 1; 2020, ch. 603, § 1.

Code Commission Notes.

Former subsection (h), concerning a pilot program of mandated attendance, was deleted as obsolete by the code commission in 2009.

Compiler's Notes. Acts 2007, ch. 517, § 5 provided that the board of education is authorized to promulgate rules and regulations to effectuate the purposes of the act, which added subsection (i). The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2020, ch. 603, § 2 provided that the act, which amended this section, shall apply to students suspended, expelled, assigned to an alternative school or alternative program, removed from an alternative school or alternative program, or transferring during the student's suspension or expulsion period on or after March 20, 2020.

Amendments. The 2020 amendment rewrote (c), which read, “Students in grades seven through twelve (7-12) who have been suspended or expelled from the regular school program must be assigned to an alternative school or alternative program if there is space and staff available. Attendance in an alternative school or alternative program shall be 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. The student shall be subject to all rules pertaining thereto. A violation of the rules by a student may result in the student's removal from this school for the duration of the original suspension or expulsion, but shall not constitute grounds for any extension of the original suspension or expulsion. The final decision on removal shall be made by the chief administrator of the alternative school.”

Effective Dates. Acts 2020, ch. 603, § 2. March 20, 2020.

Cross-References. Powers and duties of school boards and confidentiality of records, see § 49-1-302.

Attorney General Opinions. Authority of local school boards to contract for the operation of alternative schools, OAG 96-036, 1996 Tenn. AG LEXIS 48 (3/11/96).

NOTES TO DECISIONS

1. In General.

Tennessee law requires a school board to establish at least one alternative school for grades seven through twelve, T.C.A. § 49-6-3402(a); if the board eliminates an alternative school and terminates the teachers, it is required to fund a new alternative school. Smith v. Jefferson County Bd. of Sch. Comm'rs, 641 F.3d 197, 2011 FED App. 0045P, 2011 FED App. 45P, 2011 U.S. App. LEXIS 2635 (6th Cir. Feb. 11, 2011), cert. denied, Jefferson County Sch. Bd. of Comm'rs  v. Smith, 181 L. Ed. 2d 31, 132 S. Ct. 103, 565 U.S. 820, 2011 U.S. LEXIS 6699 (Oct. 3, 2011).

49-6-3403. [Reserved.]

  1. 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.
    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. 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. Vacancies shall be filled for an unexpired term in the same manner as original appointments.
    1. The advisory council shall elect its own chair and vice chair annually.
    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.
  2. 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.
  3. The advisory council shall:
    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. Study proposed plans for alternative education programs or curricula to determine if the plans or curricula should be adopted;
    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. Consider rules of governance of alternative schools and make recommendations concerning rules of governance; and
    5. Make an annual report to the governor, the education committee of the senate, the education committee of the house of representatives, the commissioner of education and the state board of education on the state of alternative education in this state. The report shall be submitted prior to February 1 each year.

Acts 2006, ch. 895, § 2; 2015, ch. 182, § 51; 2019, ch. 345, § 105.

49-6-3405. Alternative school success.

    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. 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. Behavioral indicators shall include, but not be limited to, disciplinary reports and subsequent remands to alternative schools.
    4. The department of education shall provide guidance in the reporting of the required data.
  1. 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.

Acts 2007, ch. 517, § 2; 2009, ch. 262, § 5.

Compiler's Notes. Acts 2007, ch. 517, § 5 provided that the board of education is authorized to promulgate rules and regulations to effectuate the purposes of the act. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Part 35
Class Size Reduction [Repealed]

49-6-3501. [Repealed.]

Acts 1985, ch. 463, § 1; repealed by Acts 2018, ch. 725, § 43, effective April 18, 2018.

Compiler's Notes. Former part 35, §§ 49-6-350149-6-3504, concerned class size reduction.

49-6-3502. [Repealed.]

Acts 1985, ch. 463, § 1; repealed by Acts 2018, ch. 725, § 43, effective April 18, 2018.

Compiler's Notes. Former part 35, §§ 49-6-350149-6-3504, concerned class size reduction.

49-6-3503. [Repealed.]

Acts 1985, ch. 463, § 1; repealed by Acts 2018, ch. 725, § 43, effective April 18, 2018.

Compiler's Notes. Former part 35, §§ 49-6-350149-6-3504, concerned class size reduction.

49-6-3504. [Repealed.]

Acts 1985, ch. 463, § 1; repealed by Acts 2018, ch. 725, § 43, effective April 18, 2018.

Compiler's Notes. Former part 35, §§ 49-6-350149-6-3504, concerned class size reduction.

49-6-4001. Short title.

This part shall be known and may be cited as the “Student and Employee Safe Environment Act of 1996.”

Acts 1996, ch. 988, § 2; T.C.A., § 49-6-4011.

Code Commission Notes.

Former §§ 49-6-401149-6-4019 were transferred to §§ 49-6-400149-6-4009 by authority of the code commission in 2013.

Cross-References. School Discipline Act, title 49, ch. 6, part 41.

School Security Act of 1981, title 49, ch. 6, part 42.

Trespassing on school property, § 49-6-2008.

Attorney General Opinions. School board authority to adopt uniform clothing policy, OAG 99-141, 1999 Tenn. AG LEXIS 167 (7/27/99).

Confiscation of cellular telephones at schools, OAG 07-168, 2007 Tenn. AG LEXIS 168 (12/21/07).

49-6-4002. Discipline policy — Code of conduct.

  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. 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.
  3. 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.
  4. 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. Language used by students;
    2. Respect for all school employees;
    3. Fighting, threats, bullying, cyberbullying, and hazing by students;
    4. Possession of weapons on school property or at school functions;
    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. Damage to the property or person of others;
    7. Misuse or destruction of school property;
    8. Sale, distribution, use, or being under the influence of drugs, alcohol, or drug paraphernalia;
    9. Student conduct on school property, conduct in classes, and conduct on school buses; and
    10. Other subjects that a local board of education or a charter school governing body chooses to include.
  5. Each local discipline policy must indicate that the following offenses are zero tolerance offenses:
    1. Unauthorized possession on school property of a firearm, as defined in 18 U.S.C. § 921;
    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. 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. 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.
  6. 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.
  7. 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.

Acts 1996, ch. 988, § 3; T.C.A., § 49-6-4012; Acts 2018, ch. 958, § 5; 2019, ch. 248, § 76.

Code Commission Notes.

The former provisions in subsection (c) concerning with reviewing and redrafting behavior and discipline codes were deleted as obsolete by authority of the code commission in 2009.

Compiler's Notes. Former §§ 49-6-401149-6-4019 were transferred to §§ 49-6-400149-6-4009 by authority of the code commission in 2013.

49-6-4003. [Repealed.]

Acts 1996, ch. 988, § 4; 2012, ch. 687, §§ 2, 6; T.C.A., § 49-6-4013; repealed by Acts 2018, ch. 958, § 6, effective July 1, 2018, at 12:01 a.m.

Compiler's Notes. Former 49-6-4003 concerned school code contents.

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.

Acts 1996, ch. 988, § 5; T.C.A., § 49-6-4014; Acts 2018, ch. 958, § 7.

Compiler's Notes. Former §§ 49-6-401149-6-4019 were transferred to §§ 49-6-400149-6-4009 by authority of the code commission in 2013.

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.

Acts 1996, ch. 988, § 6; T.C.A., § 49-6-4015; Acts 2018, ch. 958, § 8.

Compiler's Notes. Former §§ 49-6-401149-6-4019 were transferred to §§ 49-6-400149-6-4009 by authority of the code commission in 2013.

49-6-4006. Civil liability.

  1. 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.
  2. 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.

Acts 1996, ch. 988, § 7; 2012, ch. 687, § 5; T.C.A., § 49-6-4016.

Compiler's Notes. Former §§ 49-6-401149-6-4019 were transferred to §§ 49-6-400149-6-4009 by authority of the code commission in 2013.

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.

Acts 1996, ch. 988, § 8; 1999, ch. 367, § 4; T.C.A., § 49-6-4017; Acts 2018, ch. 958, § 9.

Compiler's Notes. Former §§ 49-6-401149-6-4019 were transferred to §§ 49-6-400149-6-4009 by authority of the code commission in 2013.

49-6-4008. Policy regarding teacher's ability to relocate student for safety reasons.

  1. Each local board of education shall adopt a complete 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 the safety of others. 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, the student shall be allowed to remain in place until such a time as local law enforcement officers or school resource officers can be summoned to relocate the student or take the student into custody until such a time as a parent or guardian can retrieve the student. This policy shall also cover teachers' authorization to intervene in a physical altercation between two (2) or more students, or between a student and LEA employees using reasonable or justifiable force upon a student, if necessary to end the altercation by relocating the student to another location.
  2. This policy shall be in effect on school property, as well as at official school functions, including, but not limited to, sporting events and approved field trips, taking place away from the local school property. Those covered by this policy shall include LEA employees who are directly responsible for the student’s education or who otherwise interact with the student on a professional basis while acting within the scope of their assigned duties, including, but not limited to, administrators, teachers, school support staff, bus drivers, cafeteria workers, and school resource officers.
  3. The policy shall require a teacher to file a brief report with the principal detailing the situation that required the relocation of the student. Either the report shall be kept in a student discipline file and shall not become a part of the student's permanent record or it shall be filed in the student's permanent record, if the student's behavior violated the LEA's zero tolerance policy. The student is then subject to additional disciplinary action that may include suspension or expulsion from the school. The principal or the principal's designee shall notify the teacher involved of the actions taken to address the behavior of the relocated student.
  4. Each principal shall fully support the authority of every teacher in the principal's school to relocate a student under this section. Each school principal shall implement the policies and procedures of the local board of education relating to the authority of every teacher to relocate a student and shall disseminate such policies and procedures to the students, faculty, staff, and parents or guardian of students. The policy shall comply with state and federal laws regarding the placements of students.

Acts 2012, ch. 701, § 1; T.C.A., § 49-6-4018.

Compiler's Notes. Former § 49-6-4018 (now § 49-6-4008) (Acts 1996, ch. 988, § 11; 1997, ch. 326, § 1), concerning student actions resulting in expulsion, was repealed by Acts 2000, ch. 634, § 2, effective July 1, 2000. For present law, see § 49-6-3401(g).

Former §§ 49-6-401149-6-4019 were transferred to §§ 49-6-400149-6-4009 by authority of the code commission in 2013.

49-6-4009. Student discipline code to include provision prohibiting indecent clothing.

  1. 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.
  2. 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).
  3. 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.

Acts 2012, ch. 781, § 1; T.C.A., § 49-6-4019.

Compiler's Notes. For the Preamble to the act concerning the prohibition of students wearing clothes in an indecent manner, please refer to Acts 2012, ch. 781.

Former §§ 49-6-401149-6-4019 were transferred to §§ 49-6-400149-6-4009 by authority of the code commission in 2013.

Part 41
School Discipline Act

49-6-4101. Short title.

This part shall be known and may be cited as the “School Discipline Act.”

Acts 1979, ch. 131, § 1; T.C.A., §§ 49-901, 49-9-101.

Cross-References. Carrying weapons on school property, § 39-17-1309.

School Security Act of 1981, title 49, ch. 6, part 42.

Trespassing on school property, § 49-6-2008.

Uniform discipline codes in public schools, title 49, ch. 6, part 40.

49-6-4102. Students accountable for conduct.

  1. Every teacher is authorized to hold every pupil strictly accountable for any disorderly conduct in school or on the playground of the school, during intermission or recess period or on any school bus going to or returning from school.
  2. 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.

Acts 1979, ch. 131, § 1; T.C.A., §§ 49-902, 49-9-102; Acts 2012, ch. 687, § 3.

49-6-4103. Corporal punishment.

  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.
    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. As used in this subsection (b):
      1. “School personnel” includes all individuals employed on a full-time or part-time basis by a public school; and
      2. “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. 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).

Acts 1979, ch. 131, § 1; T.C.A., §§ 49-903, 49-9-103; Acts 2018, ch. 900, § 1.

Cross-References. Penal and reform schools, corporal punishment, § 49-6-4402.

Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 28.121.

Law Reviews.

Torts — Pinner v. Lanier: Corporal Punishment and the Discretionary Function Immunity under the Tennessee Governmental Tort Liability Act, 22 Mem. St. U.L. Rev. 597 (1992).

NOTES TO DECISIONS

1. Constitutional Right.

The constitutional right which is implicated in corporal punishment of school children is the fourteenth amendment right to due process and that due process is satisfied by the state's preservation of common-law constraints and remedies. Paul v. McGhee, 577 F. Supp. 460, 1983 U.S. Dist. LEXIS 11106 (E.D. Tenn. 1983).

2. Civil Liability.

Reasonable juror could have found that coaches were not liable for assault and battery because, from all of the evidence, a reasonable juror could have concluded that the paddlings administered by the coaches were for disciplinary purposes, and were not excessive in severity, frequency, motivation, or means because the jury could have found credible the coaches'  testimony that they never struck a student more than three times in a paddling session, plaintiffs, a student and his father, stipulated that the student was not seriously injured from the paddlings, the defense presented evidence from which the jury could have reasonably concluded that the coaches did not paddle the student out of malice, and the coaches administered corporal punishment with a proper instrument. Nolan v. Memphis City Sch., 589 F.3d 257, 2009 U.S. App. LEXIS 26975, 2009 FED App. 421P (6th Cir. Dec. 11, 2009).

3. Common-Law Rights Preserved.

The teacher and principal may use corporal punishment only in a reasonable manner for good cause, thus preserving the common-law right of the child not to be subjected to excessive punishment. Paul v. McGhee, 577 F. Supp. 460, 1983 U.S. Dist. LEXIS 11106 (E.D. Tenn. 1983).

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.

Acts 1979, ch. 131, § 1; T.C.A., §§ 49-904, 49-9-104.

49-6-4105. Arrest and prosecution for injury to student.

  1. 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.
  2. 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.

Acts 1986, ch. 578, § 1; 1987, ch. 133, § 1; 1987, ch. 134, § 1.

Law Reviews.

Selected Tennessee Legislation of 1986, 54 Tenn. L. Rev. 457 (1987).

49-6-4106. Disciplinary referrals.

When a member of a school's faculty or staff disciplines a student by issuing a written referral for the student's behavior, the referral shall be returned to the member of the faculty or staff with a notation of the action taken. The referral shall be kept in a student discipline file and shall not become a part of the student's permanent record. If a school district or a school has adopted an electronic system of making disciplinary referrals instead of using written referrals, then the member of the faculty or staff making the referral shall be notified of the action taken, but the notification may be made either electronically or in writing.

Acts 2009, ch. 315, § 1.

49-6-4107. Use of reasonable force.

  1. 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.
  2. 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.
  3. 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.

Acts 2012, ch. 687, § 4.

49-6-4108. Report detailing use of corporal punishment required.

  1. 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. The school at which each instance of corporal punishment occurred;
    2. Information regarding the reason for each instance of corporal punishment;
    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. 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.
  2. 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.
  3. 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.

Acts 2018, ch. 777, § 1.

49-6-4109. Trauma-informed discipline policy.

  1. 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. Balance accountability with an understanding of traumatic behavior;
    2. Teach school and classroom rules while reinforcing that violent or abusive behavior is not allowed at school;
    3. Minimize disruptions to education with an emphasis on positive behavioral supports and behavioral intervention plans;
    4. Create consistent rules and consequences; and
    5. Model respectful, nonviolent relationships.
  2. The department of education shall develop guidance on trauma-informed discipline practices that LEAs must use to develop the policy required under subsection (a).

Acts 2019, ch. 421, § 1.

Compiler's Notes. For Preamble to the act concerning the potential impact of childhood trauma, see Acts 2019, ch. 421.

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.”

Acts 1981, ch. 368, § 2; T.C.A., § 49-9-401.

Cross-References. Carrying weapons on school property, § 39-17-1309.

Drug abuse resistance education, title 49, ch. 1, part 4.

School Discipline Act, title 49, ch. 6, part 41.

Trespassing on school property, § 49-6-2008.

Uniform discipline codes in public schools, title 49, ch. 6, part 40.

Vandalism, § 39-14-408.

Law Reviews.

Urine Trouble! Extending Constitutionality to Mandatory Suspicionless Drug Testing of Students in Extracurricular Activities, 53 Vand. L. Rev. 387 (2000).

Attorney General Opinions. Funding of school resource officers. OAG 13-74, 2013 Tenn. AG LEXIS 74 (9/19/13).

49-6-4202. Part definitions.

As used in this part, unless the context otherwise requires:

  1. “Dangerous weapon” or “weapon” means any dangerous instrument or substance that is capable of inflicting any injury on any person;
  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. “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. “School” means all public schools that conduct classes in any grade from kindergarten through grade twelve (K-12);
  5. “School principal” or “principal” means the administrative head of a public school, by whatever title the person may be known;
  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. “Student” means any person, regardless of age, enrolled in the public school; and
  8. “Visitor” means any person who is on school property, except for certificated personnel employed by the state or local board of education.

Acts 1981, ch. 368, § 2; 1983, ch. 397, § 1; T.C.A., § 49-9-402; Acts 1988, ch. 727, § 1; 1994, ch. 636, § 13; 2007, ch. 341, § 1; 2012, ch. 848, § 43.

Cross-References. Carrying weapons on school property, § 39-17-1309.

Attorney General Opinions. Funding of school resource officers.  OAG 13-74, 2013 Tenn. AG LEXIS 74 (9/19/13).

49-6-4203. Legislative intent.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. The general assembly further finds that:
    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. 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. 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. 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.

Acts 1981, ch. 368, § 2; 1983, ch. 397, § 2; T.C.A., § 49-9-403; Acts 1988, ch. 727, § 2; 1988, ch. 940, § 2.

Cross-References. Duties of principals, § 49-2-303.

Testing of students for drugs, § 49-6-4213.

Attorney General Opinions. School buses as school property, OAG 98-001, 2005 Tenn. AG LEXIS 100 (1/5/98).

The terms “pager” and “cellular phone” are not interchangeable for purposes of the School Security Act of 1981, OAG 05-101, 2005 Tenn. AG LEXIS 100 (6/20/05).

Searches and arrests on school property. OAG 14-21, 2014 Tenn. AG LEXIS 22 (2/24/14).

NOTES TO DECISIONS

1. Safety.

Evidence did not preponderate against the trial court's finding that school's conduct in allowing a coach additional locks on coach's office door, including a deadbolt which could not be opened without a key, was not a substantial factor in that coach's subsequent sexual harassment and assault of several students inside the office. Jane Doe A v. Coffee County Bd. of Educ., 925 S.W.2d 534, 1996 Tenn. App. LEXIS 45 (Tenn. Ct. App. 1996).

2. Substance Abuse Testing.

Suspicion-based drug testing depending on enumerated requirements for reasonable cause sufficiently limited the discretion of officials administering the rule, and because the testing was clearly based upon a finding of individualized suspicion, that portion of the testing policy comported with the requirements of the fourth amendment. Knox County Educ. Ass'n v. Knox County Bd. of Educ., 158 F.3d 361, 1998 FED App. 0300P, 1998 U.S. App. LEXIS 24131 (6th Cir. 1998), cert. denied, 528 U.S. 812, 120 S. Ct. 46, 145 L. Ed. 2d 41, 1999 U.S. LEXIS 4848 (1999).

Public interests in subjecting teachers to urinalysis drug testing clearly outweighed teachers' privacy interest where: (1) the drug testing regime was circumscribed, narrowly tailored, and not overly intrusive, whether in its monitoring procedures or in its disclosure requirements, (2) it was a one-time test, with advance notice, with no random testing component and (3) the school system in which the teachers worked was heavily regulated, particularly as to drug usage. Knox County Educ. Ass'n v. Knox County Bd. of Educ., 158 F.3d 361, 1998 FED App. 0300P, 1998 U.S. App. LEXIS 24131 (6th Cir. 1998), cert. denied, 528 U.S. 812, 120 S. Ct. 46, 145 L. Ed. 2d 41, 1999 U.S. LEXIS 4848 (1999).

A teacher's unique legal duty to stand in the place of students' natural parents during school hours and at school events is sufficient to overcome the presumption against suspicionless drug testing of teachers under certain circumstances. Knox County Educ. Ass'n v. Knox County Bd. of Educ., 158 F.3d 361, 1998 FED App. 0300P, 1998 U.S. App. LEXIS 24131 (6th Cir. 1998), cert. denied, 528 U.S. 812, 120 S. Ct. 46, 145 L. Ed. 2d 41, 1999 U.S. LEXIS 4848 (1999).

Teacher's and other school administrators occupy safety-sensitive positions, and may be subject to suspicionless drug testing. Knox County Educ. Ass'n v. Knox County Bd. of Educ., 158 F.3d 361, 1998 FED App. 0300P, 1998 U.S. App. LEXIS 24131 (6th Cir. 1998), cert. denied, 528 U.S. 812, 120 S. Ct. 46, 145 L. Ed. 2d 41, 1999 U.S. LEXIS 4848 (1999).

Procedures for testing whether on duty school employees were under the influence of alcohol did not render the testing unconstitutional, but the low threshold (.02) for a positive result raised constitutional concerns requiring remand to determine whether the .02 level was reasonably related to the purpose of the testing. Knox County Educ. Ass'n v. Knox County Bd. of Educ., 158 F.3d 361, 1998 FED App. 0300P, 1998 U.S. App. LEXIS 24131 (6th Cir. 1998), cert. denied, 528 U.S. 812, 120 S. Ct. 46, 145 L. Ed. 2d 41, 1999 U.S. LEXIS 4848 (1999).

49-6-4204. Search of lockers, vehicles, and other property.

  1. 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.
  2. 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.
  3. 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.
  4. 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.

Acts 1981, ch. 368, § 2; 1983, ch. 397, §§ 3, 4; T.C.A., § 49-9-404; Acts 1988, ch. 727, §§ 3-5; 1994, ch. 636, §§ 1-4.

Cross-References. Defense of school personnel by local education agency, § 49-6-4211.

Disposal of contraband located in a school search, § 49-6-4210.

Duties of principals, § 49-2-303.

School drug testing, student assistance program, counseling, § 49-6-4213.

Use of animals in school searches, § 49-6-4208.

Use of metal detectors in school searches, § 49-6-4207.

Law Reviews.

Constitutional Law — Searches, Seizures, and Confessions — Constitutional Protections for Students in Public Schools (Bryan C. Hathorn), 76 Tenn. L. Rev. 211 (2008).

Attorney General Opinions. School buses as school property, OAG 98-001, 1998 Tenn. AG LEXIS 1 (1/5/98).

Searches and arrests on school property.  OAG 14-21, 2014 Tenn. AG LEXIS 22 (2/24/14).

NOTES TO DECISIONS

1. Search of Vehicle.

As the search in question was conducted not by school officials but by law enforcement, it was not conducted in keeping with the Tennessee School Security Act (TSSA) because the sheriff's department made the determination to sweep the high school's parking lot and it was sheriff's department deputies who conducted both the sweep and the subsequent search of the student's car; school officials were not involved in scheduling, planning, or conducting the sweep or the subsequent search, and were only informed of the sweep as the deputies were on their way to the school. Hill v. Sharber, 544 F. Supp. 2d 670, 2008 U.S. Dist. LEXIS 15165 (M.D. Tenn. Feb. 28, 2008).

49-6-4205. Search of students.

  1. 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.
  2. All of the following standards of reasonableness shall be met:
    1. A particular student has violated school policy;
    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. The search is in pursuit of legitimate interests of the school in maintaining order, discipline, safety, supervision and education of students;
    4. The search is not conducted for the sole purpose of discovering evidence to be used in a criminal prosecution; and
    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.

Acts 1981, ch. 368, § 2; 1983, ch. 397, § 6; T.C.A., § 49-9-406; Acts 1988, ch. 727, § 6; 1994, ch. 636, §§ 5, 6.

Cross-References. Defense of school personnel by local education agency, § 49-6-4211.

Disposal of contraband located in a school search, § 49-6-4210.

Duties of principals, § 49-2-303.

School drug testing, student assistance program, counseling, § 49-6-4213.

Use of animals in school searches, § 49-6-4208.

Use of metal detectors in school searches, § 49-6-4207.

Law Reviews.

Urine Trouble! Extending Constitutionality to Mandatory Suspicionless Drug Testing of Students in Extracurricular Activities, 53 Vand. L. Rev. 387 (2000).

49-6-4206. Policy authorizing school security officer to patrol.

  1. 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. Maintaining order and discipline;
    2. Preventing crime;
    3. Investigating violations of school board policies;
    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. Ensuring the safety, security, and welfare of all students, faculty, staff, and visitors in an assigned school.
  2. 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. 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. In patrolling the one-mile radius of the school, the school security officer shall:
    1. Only patrol for violations of the law that involve minors, including truancy; and
    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.

Acts 2017, ch. 189, § 1.

Compiler's Notes. Former § 49-6-4206 (Acts 1981, ch. 368, § 2; 1983, ch. 397, § 7; T.C.A., § 49-9-407; Acts 1988, ch. 727, § 7.), concerning search of vehicles, was repealed by Acts 1994, ch. 636, § 7.

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.

Acts 1981, ch. 368, § 2; T.C.A., § 49-9-408; Acts 1988, ch. 727, § 8; 1994, ch. 636, §§ 8, 9.

Cross-References. Defense of school personnel by local education agency, § 49-6-4211.

School drug testing, student assistance program, counseling, § 49-6-4213.

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.

Acts 1981, ch. 368, § 2; T.C.A., § 49-9-409; Acts 1994, ch. 636, §§ 10, 11.

Cross-References. Defense of school personnel by local education agency, § 49-6-4211.

49-6-4209. Report of reasonable suspicion by principal to law enforcement officer.

  1. 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.
  2. 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.

Acts 1981, ch. 368, § 2; T.C.A., § 49-9-410; Acts 1994, ch. 636, § 12; 1995, ch. 102, § 1; 1995, ch. 215, § 1; 2007, ch. 94, § 1.

Cross-References. Defense of school personnel by local education agency, § 49-6-4211.

Duties of principals, § 49-2-303.

School drug testing, student assistance program, counseling, § 49-6-4213.

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.

Acts 1981, ch. 368, § 2; T.C.A., § 49-9-411.

Cross-References. Carrying weapons on school property, § 39-17-1309.

Duties of principals, § 49-2-303.

Duties of teachers, § 49-5-201.

School drug testing, student assistance program, counseling, § 49-6-4213.

Weapons, title 39, ch. 17, part 13.

49-6-4211. Defense of school personnel by LEA — Indemnity.

  1. 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. The employees cooperate in the defense of the suit; and
    2. In the opinion of the LEA, the actions taken were not the result of willful, wanton or malicious wrongdoing.
  2. Each LEA shall indemnify principals and teachers from judgment against them if:
    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. The employees have cooperated with the LEA in the defense of the suit.
  3. 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.

Acts 1981, ch. 368, § 2; T.C.A., § 49-9-412.

NOTES TO DECISIONS

1. Statute of Limitations.

In a mother's suit against the school board and an elementary school principal when a teacher raped her son, alleging the principal was negligent in failing to recognize the propensities of the teacher, the suit was time-barred as it was not filed within 12 months of the filing of a similar suit in federal court as required by T.C.A. § 29-20-305; contrary to the mother's assertion, T.C.A. § 49-6-4203 specifically states that it does not waive sovereign immunity or make the state an insurer of public officials and does not provide a “savings statute” in cases involving abuse of school children under the Tennessee Governmental Tort Liability Act. Doe v. Goodwin, 254 S.W.3d 428, 2007 Tenn. App. LEXIS 660 (Tenn. Ct. App. Oct. 29, 2007), appeal denied, — S.W.3d —, 2008 Tenn. LEXIS 228 (Tenn. Apr. 7, 2008).

49-6-4212. Training program for school principals — Notice of policies to parents and students.

  1. 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.
  2. The LEA shall provide parents and students with reasonable notice of the local policies and procedures.

Acts 1982, ch. 794, § 1; T.C.A., § 49-9-413.

Cross-References. Duties of principals, § 49-2-303.

49-6-4213. Testing of students for drugs — Referral information and assistance for students testing positive.

    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 particular student has violated school policy;
      2. 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. The test is in pursuit of legitimate interests of the school in maintaining order, discipline, safety, supervision and education of students;
      4. The test is not conducted for the sole purpose of discovering evidence to be used in a criminal prosecution; and
      5. 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. 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.
  1. As used in this section and § 49-6-4203, “drugs” means:
    1. Any scheduled drug as specified in §§ 39-17-405 — 39-17-416; and
    2. Alcohol.
  2. 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.
  3. 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.
  4. 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.
    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. 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.
  5. The LEA shall pay the cost of any testing required under this section.
  6. 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.
  7. 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.
    1. All specimens testing negative on the initial screening test or negative on the confirmatory test shall be reported as negative.
    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.
    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. 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. 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.
  8. 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.
  9. Malicious use of authority granted by this section may be grounds for dismissal of the person so acting.

Acts 1988, ch. 940, § 1; 1999, ch. 367, § 5; 2000, ch. 947, § 6; 2010, ch. 1100, § 78; 2010, ch. 1136, §§ 1-4; 2012, ch. 575, § 1.

Compiler's Notes. Acts 2010, ch. 1100, § 153 provided that the commissioner of mental health and developmental disabilities, the commissioner of mental health, the commissioner of intellectual and developmental disabilities, and the commissioner of finance and administration are authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Cross-References. Confidentiality of public records, § 10-7-504.

“Drug abuse” defined, § 33-1-101.

Legislative intent of enactment, § 49-6-4203.

Law Reviews.

Urine Trouble! Extending Constitutionality to Mandatory Suspicionless Drug Testing of Students in Extracurricular Activities, 53 Vand. L. Rev. 387 (2000).

Attorney General Opinions. School districts must comply with T.C.A. § 49-6-4213(a) and may not conduct random drug testing, OAG 07-096, 2007 Tenn. AG LEXIS 96 (7/2/07).

49-6-4214. [Repealed.]

Acts 1989, ch. 141, § 1; repealed by Acts 2019, ch. 248, § 67, effective May 2, 2019.

Compiler's Notes. Former § 49-6-4214  concerned possession of pagers by students.

49-6-4215. Activities of criminal gangs on school property — Promulgation of rules and regulations.

  1. 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. 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. Any activity that encourages participation in a criminal gang or facilitates illegal acts of a criminal gang; and
    3. Any conduct that is seriously disruptive to the educational process or endangers persons or property.
  2. The local law enforcement agency shall advise the local board, upon request, of criminal gangs and associated criminal gang activity.
  3. 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. As one (1) of its activities the commission of criminal acts; and
    2. Two (2) or more members who, individually or collectively, engage in or have engaged in a pattern of criminal gang activity.

Acts 1994, ch. 571, § 1; 2008, ch. 1195, § 1.

49-6-4216. [Repealed.]

Acts 1996, ch. 888, § 1; 1998, ch. 871, § 1; 2000, ch. 634, § 1; 2011, ch. 297, § 4; 2011, ch. 410, § 4(w); 2013, ch. 375, § 1; 2015, ch. 182, § 52; 2016, ch. 684, §§ 9, 10; repealed by Acts 2019, ch. 248, § 68, effective May 2, 2019.

Compiler's Notes. Former § 49-6-4216  concerned policies and procedures of local boards of education.

49-6-4217. Employment standards for school resource officers.

  1. 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.
  2. 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.

Acts 2006, ch. 797, § 1; 2007, ch. 99, § 1; 2007, ch. 341, § 2; 2019, ch. 248, § 70.

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).

Acts 2007, ch. 238, § 2.

Compiler's Notes. For the Preamble to the act regarding school safety, please refer to Acts 2007, ch. 238.

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.

Acts 2014, ch. 741, § 1.

Part 43
Reporting Student Offenses

49-6-4301. School officials to report student offenses.

  1. 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 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.
  2. 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.
  3. 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. The type of offenders;
    2. If an offender is a student, the age and grade of the student;
    3. The location at which the incident occurred;
    4. The type of incident;
    5. Whether the incident occurred during or outside of regular school hours;
    6. Where the incident involved a weapon, whether the weapon was a firearm, knife or other weapon;
    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. Any student discipline or referral action taken against a student offender and the duration of the action; and
    9. The nature of the victim and the victim's age and grade where appropriate.
  4. 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.
  5. 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.

Acts 1981, ch. 341, § 1; T.C.A., § 49-1320; Acts 2007, ch. 548, § 15.

Compiler's Notes. Acts 2007, ch. 548, § 1 provided that the act shall be known and may be cited as the “Schools Against Violence in Education Act” or the “SAVE Act.”

Acts 2007, ch. 548, § 16 provided that the commissioner of education is authorized to promulgate rules and regulations to effectuate the purposes of the act, which added subsections (c)-(e). The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Cross-References. Assaultive offenses, title 39, ch. 13, part 1.

Carrying weapons on school property, § 39-17-1309.

Dangerous weapons defined, § 49-6-4202.

Duties of principals, § 49-2-303.

Duties of directors of schools, § 49-2-301.

Duties of teachers, § 49-5-201.

School Discipline Act, title 49, ch. 6, part 41.

School Security Act of 1981, title 49, ch. 6, part 42.

Trespassing on school property, § 49-6-2008.

Uniform discipline codes in public schools, title 49, ch. 6, part 40.

Unlawful possession of weapons, § 39-17-1307.

Vandalism, § 39-14-408.

NOTES TO DECISIONS

1. Minor Offenses.

School officials did not violate this section by failing to report an altercation between students that neither involved the use of a weapon nor resulted in serious personal injury. Kindred v. Board of Educ., 946 S.W.2d 47, 1996 Tenn. App. LEXIS 803 (Tenn. Ct. App. 1996).

Teacher's and other school administrators occupy safety-sensitive positions, and may be subject to suspicionless drug testing. Knox County Educ. Ass'n v. Knox County Bd. of Educ., 158 F.3d 361, 1998 FED App. 0300P, 1998 U.S. App. LEXIS 24131 (6th Cir. 1998), cert. denied, 528 U.S. 812, 120 S. Ct. 46, 145 L. Ed. 2d 41, 1999 U.S. LEXIS 4848 (1999).

49-6-4302. Tennessee school safety center.

  1. The department of education 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.
  2. 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 committee of the house of representatives on the status of school safety efforts.
    1. The Tennessee school safety center, within the limit of appropriations for the center, shall establish school safety grants to assist LEAs in funding 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.
    2. The Tennessee school safety center shall develop a school safety grant application that requires LEAs to describe, at a minimum, how grant funds:
      1. Will be used to improve and support school safety;
      2. Align with the needs identified in a school security assessment conducted pursuant to subsection (f); and
      3. Will be used to support LEA-authorized charter schools, if applicable.
    3. In order to be eligible to receive grant funds, the LEA must be in compliance with all state laws, rules, and regulations regarding school safety.
    4. The Tennessee school safety center shall review the school safety grant application in collaboration with the state-level school safety team established under § 49-6-802.
  3. The grants provided for in subdivision (c)(1) must be distributed according to the following funding model:
    1. Funding is available to each LEA in the same percentage that the LEA's share of basic education program (BEP) funding bears to statewide BEP funding;
    2. Funding is subject to a twenty-five percent (25%) match by the LEA, adjusted for the LEA's fiscal capacity under the BEP formula. The match requirement may be satisfied by local or contributed funds or by personnel or other in-kind expenses assumed by the LEA. An LEA may use funds derived from local taxes levied for school operation and maintenance purposes, as described in § 49-3-315, to satisfy the match requirement. This subdivision (d)(2) does not require apportionment of funds under § 49-3-315 for any school safety measure identified in the LEA's school safety grant application and for which the LEA uses school funds to provide the required match; and
    3. Any funds appropriated for this program in any fiscal year that are not expended must be carried forward for program purposes in future fiscal years. Any allocation for an LEA that is not applied for, or that is not successfully applied for in any fiscal year, shall not be carried forward for the benefit of that LEA in subsequent fiscal years, but must instead be carried forward for future expenditures under this program in future fiscal years.
  4. The Tennessee school safety center shall reserve moneys to fund school safety grants for LEAs with schools that did not have a full-time school resource officer during the 2018-2019 school year and that submit a school safety grant application describing the LEA's intent to utilize the grant for school resource officers, and to that end, the center shall prioritize school safety grants based on such applications. Any reserve funding awarded pursuant to this subsection (e) is subject to a twenty-five percent (25%) match by the LEA, adjusted for the LEA's fiscal capacity under the BEP formula, and must be available for school safety grants awarded for the 2019-2020 and 2020-2021 fiscal years. Any reserve funds that are not awarded pursuant to this subsection (e) must be reallocated in accordance with subsection (d).
  5. The department of safety and homeland security, 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. The department of safety and homeland security is authorized to conduct periodic audits of Tennessee public schools as necessary to verify the effective implementation and use of such assessments to enhance school security.
  6. Information regarding the use and effectiveness of grants awarded under this section must be included in the Schools Against Violence in Education (SAVE) Act report required under § 49-6-810.
  7. 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.

Acts 1996, ch. 814, § 1; 1998, ch. 912, §§ 2, 3; 1999, ch. 129, § 2; 2011, ch. 410, § 4(x); 2015, ch. 182, § 53; 2019, ch. 154, § 1.

Compiler's Notes. Acts 1998, ch. 912, § 1 provided that this act shall be known and may be cited as the “Safe Schools Act of 1998.”

For the Preamble to the act concerning the prohibition against establishment of a special committee if there is a standing committee on the same subject, please refer to Acts 2011, ch. 410.

Acts 2019, ch. 345, § 106 purported to amend this section, effective May 10, 2019; however, Acts 2019, ch. 154, § 1 had previously amended the affected text, effective May 2, 2019. Acts 2019, ch. 345, § 106 was not given effect.

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.

Acts 1980, ch. 571, § 1; Acts 1989, ch. 278, § 73.

Cross-References. Disorderly conduct, § 39-17-305.

49-6-4402. Corporal punishment.

  1. 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.
  2. 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.
    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. 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.).

Acts 1980, ch. 571, § 1; T.C.A. §§ 49-9-202, 49-9-203; Acts 2018, ch. 900, § 2.

Cross-References. Public schools, corporal punishment, § 49-6-4103.

49-6-4403. Rules and regulations.

  1. 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.
  2. 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.
  3. 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.

Acts 1980, ch. 571, § 1; Acts 1989, ch. 278, § 73; 1996, ch. 1079, § 140.

49-6-4404. Physical examination of student — Student's remedies.

  1. 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.
  2. 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.

Acts 1980, ch. 571, § 1; T.C.A. § 49-9-205.

Compiler's Notes. This section may be affected by § 9-1-116, concerning entitlement to funds, absent appropriation.

Part 45
Harassment, Intimidation, Bullying and Cyber-Bullying.

49-6-4501. Legislative findings — Safety and civility.

The general assembly finds and declares that:

  1. A safe and civil environment is necessary for students to learn and achieve high academic standards;
  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. 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. 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.

Acts 2005, ch. 202, § 1; 2011, ch. 251, §§ 1, 2; T.C.A. § 49-6-1014; T.C.A. § 45-6-1014.

Code Commission Notes.

Former § 49-6-1014 was transferred to § 49-6-4501 by authority of the code commission in 2013.

49-6-4502. Part definitions.

As used in this part:

  1. “Cyber-bullying” means bullying undertaken through the use of electronic devices;
  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. “Harassment, intimidation or bullying” means any act that substantially interferes with a student's educational benefits, opportunities or performance; and:
    1. 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. Physically harming a student or damaging a student's property;
      2. Knowingly placing a student or students in reasonable fear of physical harm to the student or damage to the student's property;
      3. Causing emotional distress to a student or students; or
      4. Creating a hostile educational environment; or
    2. 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.

Acts 2005, ch. 202, § 1; 2011, ch. 251, §§ 1, 3; T.C.A. § 49-6-4502; T.C.A. § 45-6-1015.

Code Commission Notes.

Former § 49-6-1015 was transferred to § 49-6-4502 by authority of the code commission in 2013.

Attorney General Opinions. The terms “pager” and “cellular phone” are not interchangeable for purposes of the School Security Act of 1981, OAG 05-101, 2005 Tenn. AG LEXIS 100 (6/20/05) (decided under former § 49-6-4214).

49-6-4503. Adoption of policy prohibiting harassment, intimidation, bullying or cyber-bullying by the school district.

  1. 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.
  2. School districts shall include in the policies:
    1. A statement prohibiting harassment, intimidation, bullying or cyber-bullying;
    2. A definition of harassment, intimidation, bullying or cyber-bullying;
    3. A description of the type of behavior expected from each student;
    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. 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. 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. 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. 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. 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. 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. 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. The identification by job title of school officials responsible for ensuring that the policy is implemented;
    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. 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.
    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. Each LEA shall also:
      1. 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. 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. The number of harassment, intimidation, bullying, or cyber-bullying cases brought to the attention of school officials during the preceding year;
        2. The number of harassment, intimidation, bullying, or cyber-bullying cases where the investigation supported a finding that bullying had taken place;
        3. 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. 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. 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. The department shall annually submit a report to the education committee 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.
    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. 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. 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.

Acts 2005, ch. 202, § 1; 2009, ch. 153, § 1; 2011, ch. 251, § 1; 2012, ch. 992, § 2; T.C.A. § 45-6-1016; Acts 2015, ch. 182, § 54; 2016, ch. 783, §§ 1-5; 2019, ch. 345, § 107.

Code Commission Notes.

Former § 49-6- 1016 was transferred to § 49-6-4503 by authority of the code commission in 2013.

NOTES TO DECISIONS

1. Discretionary Function Immunity.

When the parents of a middle school student who was assaulted at school filed suit against the school board, the trial court erred in finding the board was immune pursuant to the discretionary function exception of the Tennessee Governmental Tort Liability Act, T.C.A. § 29-20-205(1), because the middle school administrators were implementing existing board policies and procedures, were not engaged in policy making, their decisions were operational in nature, and, as such, immunity was removed; the board's policies and procedures prohibiting harassment, intimidation, and bullying, enacted pursuant to T.C.A. § 49-6-1016 (now § 49-6-4503), were contained in the student handbook. Moore v. Houston County Bd. of Educ., 358 S.W.3d 612, 2011 Tenn. App. LEXIS 454 (Tenn. Ct. App. Aug. 23, 2011), appeal denied, — S.W.3d —, 2012 Tenn. LEXIS 28 (Tenn. Jan. 13, 2012).

49-6-4504. Adoption of policy prohibiting harassment, intimidation, bullying or cyber-bullying by LEA.

  1. Each LEA shall adopt a policy prohibiting harassment, intimidation, bullying or cyber-bullying and transmit a copy of the policy to the commissioner of education by January 1, 2006.
  2. Each LEA is encouraged to review the policy prohibiting harassment, intimidation, bullying, or cyber-bullying at least once every three (3) years. Each LEA shall transmit a copy of any changes in the policy to the commissioner in a timely manner.

Acts 2005, ch. 202, § 1; 2011, ch. 251, § 1; T.C.A. § 45-6-1017; Acts 2016, ch. 783, § 6.

Code Commission Notes.

Former § 49-6-1017 was transferred to § 49-6-4504 by authority of the code commission in 2013.

49-6-4505. Reprisal or retaliation prohibited — Reporting harassment, intimidation, bullying or cyber-bullying — Immunity from damages.

  1. 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.
  2. 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.
  3. 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.
  4. 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.

Acts 2005, ch. 202, § 1; 2011, ch. 251, § 1; T.C.A. § 45-6-1018; Acts 2013, ch. 375, § 2; 2019, ch. 248, § 69.

Code Commission Notes.

Former § 49-6-1018 was transferred to § 49-6-4505 by authority of the code commission in 2013.

Compiler's Notes. Acts 2013, ch. 375, § 3 provided that the act, which added subsection (d), shall apply to any communication transmitted on or after July 1, 2013.

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.

Acts 2005, ch. 202, § 1; 2011, ch. 251, § 1; T.C.A., § 45-6-1019.

Code Commission Notes.

Former § 49-6-1019 was transferred to § 49-6-4506 by authority of the code commission in 2013.

49-6-5001. General provisions.

  1. The commissioner of health is authorized, subject to the approval of the public health council, 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. It is the responsibility of the parents or guardian of children to have their children immunized, as required by subsection (a).
    2. In the absence of an epidemic or immediate threat of an epidemic, this section shall 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.
    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. 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. 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.).
  2. 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.
  3. 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.
  4. The commissioner shall promulgate rules and regulations necessary to carry out this section.
  5. 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 committee of the house of representatives.

Acts 1967, ch. 293, §§ 1-5; 1978, ch. 922, §§ 1, 2; T.C.A., §§ 49-1765 — 49-1769; Acts 1984, ch. 839, § 2; 1996, ch. 1079, § 183; 2006, ch. 756, § 2; 2007, ch. 57, § 1; 2015, ch. 182, § 55; 2019, ch. 345, § 108.

Law Reviews.

Do Belief Exemptions to Compulsory Vaccination Programs Violate the Fourteenth Amendment? (Allan J. Jacobs, M.D., J.D.), 42 U. Mem. L. Rev. 73 (2011).

Satisfying the State Interest in Education with Private Schools, 49 Tenn. L. Rev. 955 (1982).

49-6-5002. Certificate of immunization.

  1. 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.
  2. The certificate of immunizations required of any child who has not received all immunizations required by the commissioner of health under § 49-6-5001(a) shall be forwarded to the commissioner. The commissioner shall be responsible for monitoring the health records and notifying the student's legal guardian or guardians and the local school system in the case of noncompliance with immunization requirements.

Acts 1984, ch. 839, § 1.

49-6-5003. Hepatitis B immunization.

  1. 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.
  2. The department shall also promulgate the necessary rules to add Hepatitis B to the schedule of immunizations required for kindergarten entry.

Acts 1997, ch. 306, §§ 2, 3.

Code Commission Notes.

The provisions in former subsection (a) concerning a report on the Hepatitis B immunization program were deleted as obsolete by the code commission in 2009.

Compiler's Notes. Acts 1997, ch. 306, § 1 provided that this section shall be known as the “Hepatitis B Protection by Immunization Act.”

49-6-5004. Promotion of eye, hearing and dental care awareness.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.

Acts 2001, ch. 212, § 1; 2004, ch. 707, § 1; 2007, ch. 557, § 1; 2008, ch. 632, §§ 1-4.

49-6-5005. Information about meningococcal disease and influenza and the effectiveness of vaccination.

  1. 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.
  2. 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).

Acts 2005, ch. 177, § 1; 2017, ch. 22, § 1.

Cross-References. Compliance, § 49-13-111.

Information about meningococcal disease and the effectiveness of vaccination, § 49-50-802.

Public school nurse program, duties of executive director, § 68-1-1202.

Reporting information about meningococcal disease and the effectiveness of vaccination against meningococcal disease to home schools, §  49-6-3050.

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.

  1. 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.
  2. 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.
  3. The department shall:
    1. Create a data entry point that identifies students with active duty military parents or guardians;
    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. Prescribe a uniform program for the collection, maintenance, and transfer of data that each LEA must adopt;
    4. Prescribe the format for the data; and
    5. Prescribe the date by which each LEA shall report the data to the department.
  4. 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.
  5. 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.
  6. 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.

Acts 1990, ch. 708, § 1; 2007, ch. 306, § 1; 2014, ch. 925, § 1.

Compiler's Notes. For the preamble to the act concerning maintenance of unique personal identification numbers of students of active duty military or reserve component parents or guardians, please refer to Acts 2014, ch. 925.

Acts 2014, ch. 925, § 2 provided that the state board of education is authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Cross-References. Confidentiality of public records, § 10-7-504.

49-6-5102, 49-6-5103. [Reserved.]

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.

Acts 1990, ch. 708, § 1.

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.

Acts 1990, ch. 708, § 1.

Cross-References. Confidentiality of public records, § 10-7-504.

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.

Acts 2000, ch. 899, § 1.

Compiler's Notes. Acts 2000, ch. 899, § 2 provided that this section shall apply beginning with the 2000-2001 school year, unless a child enrolls as a new student or transfers to another LEA during the current school year.

Parts 52-59
[Reserved]

Part 60
Proficiency Testing

49-6-6001. Graduation requirements.

  1. To receive a full diploma upon graduation from high school, a student must meet requirements as set forth by the state board of education.
    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. 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. 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. 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. The assessment provider shall provide an opportunity for any student impacted by the misadministration to take the assessment again at no charge.
      2. 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.
    2. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. Students who, in lieu of graduating from high school, obtain a general equivalency development credential (GED(R)) 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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.

Acts 1981, ch. 164, §§ 1, 2; T.C.A., § 49-117; Acts 1988, ch. 494, §§ 1, 2; 1988, ch. 893, § 2; 1992, ch. 535, § 32; 1998, ch. 833, § 2; 2002, ch. 738, § 1; 2005, ch. 446, § 1; 2007, ch. 273, § 1; 2008, ch. 931, § 1; 2009, ch. 262, §§ 1, 2; 2009, ch. 448, § 2; 2010, ch. 735, § 2; 2011, ch. 410, § 4(y); 2013, ch. 422, § 1; 2015, ch. 182, § 56; 2015, ch. 357, §  1; 2016, ch. 844, § 2; 2017, ch. 177, § 10; 2018, ch. 725, §§ 44, 45; 2018, ch. 881, § 1; 2020, ch. 601, § 1; 2020, ch. 652, § 10.

Compiler's Notes. For the Preamble to the act concerning the prohibition against establishment of a special committee if there is a standing committee on the same subject, please refer to Acts 2011, ch. 410.

Acts 2016, ch. 844, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Tennessee Student Assessment Transparency Act”.

Acts 2018, ch. 881, § 5 provided that for the 2017-2018 school year, LEAs shall not base employment termination and compensation decisions for teachers on data generated by statewide assessments administered in the 2017-2018 school year.

For the Preamble to the act concerning severe weather, tornadoes and the COVID-19 threat, see Acts 2020, ch. 652.

Acts 2020, ch. 652, § 13 provided that: “(a) The department of education shall promptly seek a waiver from the United States Department of Education, or seek to amend Tennessee's Every Student Succeeds Act (ESSA) Plan, as necessary and appropriate to implement this act.

“(b) The state board of education shall promptly revise the high school graduation requirements for the 2019-2020 school year to ensure that high school seniors who were affected by school closures during the spring of the 2019-2020 school year do not fail to receive a high school diploma for which the student was on-track and otherwise eligible to receive on or before April 2, 2020.

“(c) The state board of education shall consult with the department of education, Tennessee higher education commission, and public institutions of higher education to develop guidance, resources, and opportunities for high school students who were enrolled in dual credit or dual enrollment courses during the spring of the 2019-2020 school year, arid who were adversely affected by school closures due to COVID-19.

“(d) Notwithstanding Tennessee Code Annotated, Section 4-5-208(a):

“(1) The state board of education may promulgate emergency rules as necessary to address any issues created by school closures due to the outbreak of COVID-19 during the 2019-2020 school year. The rules must be promulgated according to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; and

“(2) The Tennessee student assistance corporation and public institutions of higher education may promulgate emergency rules to protect the financial aid and credit opportunities for high school students who were enrolled in dual credit or dual enrollment courses during the spring of the 2019-2020 school year, and who were adversely affected by school closures due to COVID-19.”

Amendments. The 2020 amendment by ch. 601 added (j).

The 2020 amendment by ch. 652 added (k).

Effective Dates. Acts 2020, ch. 601, § 2. March 20, 2020.

Acts 2020, ch. 652, § 14. April 2, 2020.

Cross-References. Promotion in and graduation from high schools, § 49-6-405.

Public records, confidentiality, § 10-7-504.

Law Reviews.

Adding It Up: Implications of Tennessee's New High School Transition Policy and Graduation Requirements for Students with Disabilities (Kenlyn Foster-Spence), 76 Tenn. L. Rev. 447 (2009).

Updating Tennessee's Public Records Law (Douglas Pierce), 24 No. 5, Tenn. B.J. 24 (1988).

Attorney General Opinions. Lottery scholarship eligibility criteria, OAG 04-094, 2004 Tenn. AG LEXIS 103 (5/18/04).

Practice of awarding certificates of attendance to high school students, OAG 07-082, 2007 Tenn. AG LEXIS 82 (5/24/07).

49-6-6002. Tests not to be conducted earlier than grade three (3) — Test dates.

  1. 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.
  2. 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.

Acts 1997, ch. 434, § 6; 2009, ch. 448, § 3; 2010, ch. 1127, § 2; 2015, ch. 184, § 1.

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.

Acts 1997, ch. 434, § 6; 2002, ch. 711, § 1.

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.

Acts 2016, ch. 667, § 1.

Code Commission Notes.

Former § 49-6-6004, concerning a report on the failure rates of students taking the Tennessee comprehensive assessment program test, was deleted as obsolete by the code commission in 2009.

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.

Acts 2012, ch. 772, § 1.

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.

Acts 2012, ch. 1020, § 1; 2013, ch. 18, § 1; 2019, ch. 248, § 71.

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.

  1. 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.
  2. 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.
    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. 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. By September 1 of every year, each LEA shall submit to the department documentation of compliance with this section in the manner prescribed by the commissioner.

Acts 2014, ch. 892, § 1; 2016, ch. 844, § 3.

Compiler's Notes. Acts 2016, ch. 844, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Tennessee Student Assessment Transparency Act”.

49-6-6008. Release of assessment information.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.

Acts 2016, ch. 844, § 4.

Compiler's Notes. Acts 2016, ch. 844, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Tennessee Student Assessment Transparency Act”.

49-6-6009. Release of state assessment blueprints and scoring methodology — Testing windows for state assessments.

  1. 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.
  2. 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.

Acts 2016, ch. 844, § 5.

Compiler's Notes. Acts 2016, ch. 844, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Tennessee Student Assessment Transparency Act”.

49-6-6010. Tennessee Tri-Star Scholar.

  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. 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.

Acts 2017, ch. 207, § 1.

Compiler's Notes. For the Preamble to the act concerning industry certifications, please refer to Acts 2017, ch. 207.

49-6-6011. Limitations on new statewide assessments.

  1. 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.
  2. 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.
  3. The department of education shall report to the education committee of the senate and the education 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.

Acts 2018, ch. 672, § 1; 2019, ch. 345, § 109.

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.

  1. 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. The 2017-2018 TNReady assessments; or
    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.
  2. 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).

Acts 2018, ch. 1026, § 1; 2020, ch. 652, § 11.

Compiler's Notes. For the Preamble to the act concerning severe weather, tornadoes and the COVID-19 threat, see Acts 2020, ch. 652.

Acts 2020, ch. 652, § 13 provided that: “(a) The department of education shall promptly seek a waiver from the United States Department of Education, or seek to amend Tennessee's Every Student Succeeds Act (ESSA) Plan, as necessary and appropriate to implement this act.

“(b) The state board of education shall promptly revise the high school graduation requirements for the 2019-2020 school year to ensure that high school seniors who were affected by school closures during the spring of the 2019-2020 school year do not fail to receive a high school diploma for which the student was on-track and otherwise eligible to receive on or before April 2, 2020.

“(c) The state board of education shall consult with the department of education, Tennessee higher education commission, and public institutions of higher education to develop guidance, resources, and opportunities for high school students who were enrolled in dual credit or dual enrollment courses during the spring of the 2019-2020 school year, arid who were adversely affected by school closures due to COVID-19.

“(d) Notwithstanding Tennessee Code Annotated, Section 4-5-208(a):

“(1) The state board of education may promulgate emergency rules as necessary to address any issues created by school closures due to the outbreak of COVID-19 during the 2019-2020 school year. The rules must be promulgated according to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; and

“(2) The Tennessee student assistance corporation and public institutions of higher education may promulgate emergency rules to protect the financial aid and credit opportunities for high school students who were enrolled in dual credit or dual enrollment courses during the spring of the 2019-2020 school year, and who were adversely affected by school closures due to COVID-19.”

Amendments. The 2020 amendment rewrote the section, which read, “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 data generated from the 2017-2018 TNReady assessments. For purposes of this section, ‘adverse action’ includes, but is not limited to, the identification of a school as a priority school and the assignment of a school to the achievement school district.”

Effective Dates. Acts 2020, ch. 652, § 14. April 2, 2020.

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.

Acts 2019, ch. 475, § 1.

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.

Acts 2020, ch. 652, § 1.

Compiler's Notes. For the Preamble to the act concerning severe weather, tornadoes and the COVID-19 threat, see Acts 2020, ch. 652.

Acts 2020, ch. 652, § 13 provided that: “(a) The department of education shall promptly seek a waiver from the United States Department of Education, or seek to amend Tennessee's Every Student Succeeds Act (ESSA) Plan, as necessary and appropriate to implement chapter 652 of the Public Acts of 2020.

“(b) The state board of education shall promptly revise the high school graduation requirements for the 2019-2020 school year to ensure that high school seniors who were affected by school closures during the spring of the 2019-2020 school year do not fail to receive a high school diploma for which the student was on-track and otherwise eligible to receive on or before April 2, 2020.

“(c) The state board of education shall consult with the department of education, Tennessee higher education commission, and public institutions of higher education to develop guidance, resources, and opportunities for high school students who were enrolled in dual credit or dual enrollment courses during the spring of the 2019-2020 school year, and who were adversely affected by school closures due to COVID-19.

“(d) Notwithstanding Tennessee Code Annotated, Section 4-5-208(a):

“(1) The state board of education may promulgate emergency rules as necessary to address any issues created by school closures due to the outbreak of COVID-19 during the 2019-2020 school year. The rules must be promulgated according to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; and

“(2) The Tennessee student assistance corporation and public institutions of higher education may promulgate emergency rules to protect the financial aid and credit opportunities for high school students who were enrolled in dual credit or dual enrollment courses during the spring of the 2019-2020 school year, and who were adversely affected by school closures due to COVID-19.”

Effective Dates. Acts 2020, ch. 652, § 14. April 2, 2020.

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. Delineation of each state and local agency's responsibilities;
  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. Development of a systematic process for securing funding for a continuum of related service options;
  4. Development of a definition of the target population;
  5. Development of ongoing needs assessment process that addresses:
    1. The complex and diverse needs of the children and their families; and
    2. The resources of schools, mental health/intellectual and developmental disabilities providers, and public/private agencies;
  6. Prepare an inventory of a continuum of existing services and options, known private or public agencies and families;
  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. Child involvement if developmentally appropriate;
    2. Measurable outcomes;
    3. Identification of agency or agencies that shall monitor the plan of care;
    4. Family involvement; and
    5. Sensitivity to unique cultural needs; and
  8. Development of interagency training plan in the area of truancy prevention.

Acts 1994, ch. 985, § 4; 2010, ch. 1100, § 79; 2012, ch. 575, § 1.

Compiler's Notes. Acts 2010, ch. 1100, § 153 provided that the commissioner of mental health and developmental disabilities, the commissioner of mental health, the commissioner of intellectual and developmental disabilities, and the commissioner of finance and administration are authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Cross-References. Teacher training, § 49-5-5608.

49-6-7001. General provisions.

  1. This section shall be known and may be cited as the “Parent Educational Participation Act.”
    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. 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. The parent's participation shall be varied.
    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. 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. 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).
  2. 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.
  3. 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.

Acts 1973, ch. 189, §§ 1-4; 1976, ch. 453, § 1; T.C.A., §§ 49-4801 — 49-4804; Acts 2006, ch. 850, § 1; 2011, ch. 241, § 1.

49-6-7002. Parent-teacher meetings.

  1. This section shall be known and may be cited as the “Parent-Teacher Partnership Act of 1989.”
  2. 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.
  3. LEAs are urged to consider the work schedules and needs of working parents when scheduling parent-teacher meetings.

Acts 1989, ch. 554, § 1; 2010, ch. 762, § 1.

49-6-7003. Parental inspection of school instructional materials.

  1. 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.
  2. The policy shall provide that a parent or legal guardian is entitled to:
    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. Review tests that are developed by and graded by a teacher of the parent or legal guardian's child.
  3. The LEA shall make all teaching materials, including handouts readily available for review upon request by the parents or legal guardians.

Acts 1997, ch. 378, § 1; 2014, ch. 1013, § 1.

49-6-7004. Parental involvement contracts.

  1. 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.
  2. 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.
  3. 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. Review homework assignments and offer assistance when needed;
    2. Sign report cards;
    3. Ensure that the student gets to school each day, on time and ready to learn;
    4. Demonstrate interest in the student's well-being by attending school functions and supporting the student's school activities; and
    5. Make every effort to attend parent-teacher conferences.
  4. 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.

Acts 2012, ch. 762, § 1; 2018, ch. 725, § 46.

Code Commission Notes.

Acts 2012, ch. 1044, § 1 purported to enact new sections §§ 49-6-700449-6-7007. Section 49-6-7004 was previously enacted by Acts 2012, ch. 762, § 1 and § 49-6-7005 was previously enacted by Acts 2012, ch. 784, § 1; therefore, the enactments by Acts 2012, ch. 1044, § 1 were designated as §§ 49-6-700649-6-7009 by authority of the code commission.

49-6-7005. Improving parental involvement in children's education.

  1. 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.
  2. 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.
  3. 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.
  4. 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. How to be a positive role model for children in motivating them to do well in school;
    2. How to maximize the benefits of parent-teacher conferences;
    3. The importance of sleep and good nutrition in school performance;
    4. How to help with homework assignments and to establish an environment conducive to completion of homework assignments;
    5. Techniques that can be taught students to improve studying and classroom performance;
    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. The importance of school attendance and the consequences of truancy;
    8. How to help students prepare for entrance into college or the workforce; and
    9. Ways of becoming involved in a child's school, including opportunities to volunteer in the school.
  5. 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.
  6. 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.

Acts 2012, ch. 784, § 1.

Code Commission Notes.

Acts 2012, ch. 1044, § 1 purported to enact new sections §§ 49-6-700449-6-7007. Section 49-6-7004 was previously enacted by Acts 2012, ch. 762, § 1 and §  49-6-7005 was previously enacted by Acts 2012, ch. 784, § 1; therefore, the enactments by Acts 2012, ch. 1044, § 1 were designated as §§ 49-6-700649-6-7009 by authority of the code commission.

49-6-7006. [Repealed.]

Acts 2012, ch. 1044, § 1; repealed by Acts 2018, ch. 725, § 47, effective April 18, 2018.

Compiler's Notes. Former § 49-6-7006 concerned a four-year pilot program to increase parent involvement in schools.

49-6-7007. [Repealed.]

Acts 2012, ch. 1044, § 1; repealed by Acts 2019, ch. 248, § 72, effective May 2, 2019.

Compiler's Notes. Former § 49-6-7007  concerned the definition of “parent” as used in former §§ 49-6-700649-6-7009.

49-6-7008. [Repealed.]

Acts 2012, ch. 1044, § 1; repealed by Acts 2019, ch. 248, § 73, effective May 2, 2019.

Compiler's Notes. Former § 49-6-7008  concerned the sharing of information with a parent by a school in the achievement school district.

49-6-7009. [Repealed.]

Acts 2012, ch. 1044, § 1; repealed by Acts 2019, ch. 248, § 74, effective May 2, 2019.

Compiler's Notes. Former § 49-6-7009  concerned parent involvement report cards and incentives for parents to self-evaluate.

49-6-8001. Short title.

This part shall be known and may be cited as the “Tennessee School Employee Religious Liberty Act of 1999.”

Acts 1999, ch. 334, § 1.

Cross-References. Religious liberty for students, title 49, ch. 6, part 29.

Attorney General Opinions. Constitutionality of school employee religious liberty provisions, OAG 99-107, 1999 Tenn. AG LEXIS 107 (5/10/99).

49-6-8002. Legislative findings.

  1. The general assembly finds the following:
    1. Judicial decisions concerning religion, free speech and public education are widely misunderstood and misapplied;
    2. Confusion surrounding these decisions has resulted in needless litigation and conflicts;
    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. 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. 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.).
  2. 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.

Acts 1999, ch. 334, § 1.

49-6-8003. Part definitions.

As used in this part, unless the context otherwise requires:

  1. “Establishment clause” means the portion of the first amendment to the United States constitution that forbids laws respecting an establishment of religion;
  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. “Free speech clause” means the portion of the first amendment to the United States constitution that forbids laws abridging the freedom of speech;
  4. “Public school” means any school that:
    1. Is operated by the state, a political subdivision of the state or governmental agency within the state; and
    2. Receives state financial assistance; and
  5. “School employee” means an individual employed on a full-time or part-time basis by a public school.

Acts 1999, ch. 334, § 1.

49-6-8004. Rights of employees.

  1. 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. Does not interfere with the rights of other school employees;
    2. Does not disrupt the educational process;
    3. Does not harass other persons or coerce other persons to participate in the activity; and
    4. Does not otherwise infringe on the rights of other persons.
  2. Subject to subsection (a), a school employee shall be permitted to voluntarily:
    1. Read a religious book during noninstructional time;
    2. Quietly say grace before a meal;
    3. Wear religious garb or jewelry that does not disrupt the school environment; and
    4. Meet with other school employees for prayer or scriptural study before or after school or during the employee's lunch period.
  3. No action may be maintained pursuant to this part unless the school employee has exhausted the following administrative remedies:
    1. The school employee states the employee's complaint to the school's principal;
    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. 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. Only after the director of schools' investigation and action may a school employee pursue any other legal action pursuant to this part.
  4. 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.
  5. 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.

Acts 1999, ch. 334, § 1.

Attorney General Opinions. Constitutionality of school employee religious liberty provisions, OAG 99-107, 1999 Tenn. AG LEXIS 107 (5/10/99).

49-6-8005. Construction with first amendment establishment clause.

  1. Nothing in this part shall be construed to affect, interpret or in any way address the establishment clause.
  2. 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.

Acts 1999, ch. 334, § 1.

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.

Acts 1999, ch. 334, § 1.

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.”

Acts 2011, ch. 488, § 2; T.C.A., § 49-6-8301.

Code Commission Notes.

This section was renumbered from § 49-6-8301 to § 49-6-8101 by the authority of the Code Commission in 2020.

49-6-8102. Part definitions.

As used in this part, unless the context otherwise requires:

  1. “AP” means the advanced placement program offered by the college board;
  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. “IB” means the international baccalaureate programme.

Acts 2011, ch. 488, § 3; T.C.A., § 49-6-8302.

Code Commission Notes.

This section was renumbered from § 49-6-8302 to § 49-6-8102 by the authority of the Code Commission in 2020.

49-6-8103. Early high school graduation program.

  1. 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.
  2. 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.
  3. 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. 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. Successfully complete eighteen (18) credits to include:
      1. English I, II, III, and IV;
      2. Algebra I and II;
      3. Geometry;
      4. United States history;
      5. Two (2) courses in the same foreign language;
      6. One (1) course selected from the following:
        1. Economics;
        2. Government;
        3. World civilization; or
        4. World geography;
      7. One (1) course selected from the following:
        1. History and appreciation of visual and performing arts; or
        2. A standards-based arts course, which may include studio art, band, chorus, dance, or other performing arts;
      8. Health;
      9. Physical Education;
      10. Biology;
      11. Chemistry;
    3. Have a cumulative grade point average of at least 3.2 on a 4-point scale;
    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. 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. Complete at least two (2) courses from the following types of courses:
      1. AP;
      2. IB;
      3. Dual enrollment; or
      4. Dual credit.
  4. 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.
  5. A student in the early graduation program may take two (2) high school English courses in an academic year.
  6. 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.
  7. 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.
  8. 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.
  9. 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.

Acts 2011, ch. 488, § 4; 2012, ch. 1077, § 1; T.C.A., § 49-6-8303.

Code Commission Notes.

This section was renumbered from § 49-6-8303 to § 49-6-8103 by the authority of the Code Commission in 2020.

Compiler's Notes.  For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Attorney General Opinions. Acts 2012, ch. 1077, codified at T.C.A. §§ 49-6-8103(i) and 49-6-8104(b), which exempts from coverage of the “Move on When Ready Act” any county having a population of not less than 183,100 nor more than 183,200 according to the 2010 federal census or any subsequent census, would likely be found unconstitutional as invalid class legislation.  OAG 13-37, 2013 Tenn. AG LEXIS 38 (5/2/13).

49-6-8104. No graduation requirement to prevent early graduation.

  1. 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.
  2. 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.

Acts 2011, ch. 488, § 5; 2012, ch. 1077, § 2; T.C.A., § 49-6-8304

Code Commission Notes.

This section was renumbered from § 49-6-8304 to § 49-6-8104 by the authority of the Code Commission in 2020.

Compiler's Notes.  For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Attorney General Opinions. Acts 2012, ch. 1077, codified at T.C.A. §§ 49-6-8103(i) and 49-6-8104(b), which exempts from coverage of the “Move on When Ready Act” any county having a population of not less than 183,100 nor more than 183,200 according to the 2010 federal census or any subsequent census, would likely be found unconstitutional as invalid class legislation.  OAG 13-37, 2013 Tenn. AG LEXIS 38 (5/2/13).

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.

Acts 2011, ch. 488, § 6; T.C.A., § 49-6-8305.

Code Commission Notes.

This section was renumbered from § 49-6-8305 to § 49-6-8105 by the authority of the Code Commission in 2020.

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.

Acts 2011, ch. 488, § 7; T.C.A., § 49-6-8306.

Code Commission Notes.

This section was renumbered from § 49-6-8306 to § 49-6-8106 by the authority of the Code Commission in 2020.

49-6-110. Lottery proceeds.

49-6-451. Juvenile Offender Act — Informing pupils of provisions.

49-6-1020. Recycling program.

49-6-3050. Home schools.

49-6-3404. Advisory council for alternative education.

49-6-5104. Lists to be provided to department of education.

Chapter 7
Postsecondary and Higher Education Generally

Part 1
Miscellaneous Provisions

49-7-101. Rules and regulations for admissions.

  1. 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.
  2. 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.
  3. 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 GED certificate 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.

Acts 1957, ch. 211, §§ 1, 2; 1973, ch. 144, § 1; T.C.A., § 49-3221; Acts 2020, ch. 523, § 1.

Amendments. The 2020 amendment added (c).

Effective Dates. Acts 2020, ch. 523, § 2. March 6, 2020.

Cross-References. Chairs of excellence, title 49, ch. 7, part 5.

Schools and teachers in loco parentis, § 49-6-4203.

Vocational school, institution of higher learning, tuition reduction for children of state employees, § 8-50-115.

Law Reviews.

Education and the Court: The Supreme Court's Educational Ideology, 40 Vand. L. Rev. 939 (1987).

The Future of Affirmative Action in Tennessee (M. Jill Austin and Lara Womack), 35 No. 7 Tenn. B.J. 12 (1999).

49-7-102. Waiver of fees and tuition for dependents of POWs or deceased veterans — Requirements.

  1. 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.
    1. To be eligible for the educational assistance benefits established by this section, the dependent child or spouse shall:
      1. 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. 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. 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.
    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. 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. 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. 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.
  2. As used in this section, unless the context otherwise requires:
    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. “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. “Qualifying period of armed conflict” means any hostile military operation for which the following United States military campaign medals are individually authorized:
      1. Armed Forces Expeditionary Medal;
      2. Navy Expeditionary Medal;
      3. Marine Corps Expeditionary Medal;
      4. Combat Action Ribbon (Navy, Marine Corps and Coast Guard);
      5. Army Combat Infantryman Badge;
      6. Kosovo Campaign Medal with at least one (1) bronze star appurtenance for specific military campaign participation by the veteran;
      7. Southwest Asia Service Medal with at least one (1) bronze star appurtenance for specific military campaign participation by the veteran;
      8. Vietnam Service Medal with at least one (1) bronze star appurtenance for specific military campaign participation by the veteran;
      9. United States Department of Defense Prisoner of War Medal for former prisoners of war;
      10. Global War on Terrorism Expeditionary Medal;
      11. Air Force Expeditionary Medal;
      12. Combat Medic Badge;
      13. Afghanistan Campaign Medal;
      14. Iraq Campaign Medal;
      15. Army Combat Action Badge; and
      16. Navy Submarine Combat Patrol & SSBN Deterrent Patrol Insignia;
    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. “Service member” means a Tennessee resident who is engaged in active military service of the United States;
    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. “Veteran” means a Tennessee resident who has entered and served honorably in the United States armed forces.
  3. 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.
  4. 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. Prior to attaining twenty-three (23) years of age, the dependent child earns an undergraduate degree or certificate;
    2. The dependent child has earned one hundred thirty-five (135) semester hours, or the equivalent, excluding required remedial or developmental hours; or
    3. The dependent child has attempted one hundred fifty (150) semester hours, or the equivalent, inclusive of required remedial or developmental hours.
  5. 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. Prior to the expiration of benefits, the spouse earns an undergraduate degree or certificate;
    2. The spouse has earned one hundred thirty-five (135) semester hours, or the equivalent, excluding required remedial or developmental hours; or
    3. The spouse has attempted one hundred fifty (150) semester hours, or the equivalent, inclusive of required remedial or developmental hours.
    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. Inclusion of the information shall be subject to annual review by the veterans' education division of the Tennessee higher education commission.

Acts 1957, ch. 198, §§ 1-3; 1969, ch. 24, § 1; 1972, ch. 614, § 1; 1972, ch. 754, §§ 1-3; T.C.A., §§ 49-3222, 49-3245 — 49-3247; Acts 1989, ch. 151, §§ 1, 2; 2000, ch. 767, § 2; 2001, ch. 293, §§ 2-6; 2002, ch. 788, §§ 1-3; 2004, ch. 467, § 1; 2004, ch. 469, §§ 1, 2; 2006, ch. 544, § 1; 2007, ch. 62, §§ 1-8; 2008, ch. 855, §§ 1, 2; 2013, ch. 473, § 14.

Attorney General Opinions. Eligibility for tuition waivers by spouses and dependent children of deceased Tennessee National Guard members, OAG 05-086, 2005 Tenn. AG LEXIS 86 (5/23/05).

49-7-103. Student loans.

  1. 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.
  2. 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.

Acts 1959, ch. 120, § 1; 1961, ch. 76, § 1; 1973, ch. 144, § 3; 1973, ch. 206, § 1; T.C.A. (orig. ed.), §§ 49-3223, 49-3228.

Compiler's Notes. Title 8 of the National Defense Education Act of 1958 (P.L. 85-864, 72 Stat. 1597) was formerly compiled in 20 U.S.C. § 401 et seq., and 42 U.S.C. § 1876 et seq. which have subsequently been omitted or repealed.

Cross-References. Student financial assistance, title 49, ch. 4.

Law Reviews.

The Future of Affirmative Action in Tennessee (M. Jill Austin and Lara Womack), 35 No. 7 Tenn. B.J. 12 (1999).

49-7-104. Deferred payments by students receiving assistance.

    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. 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. 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. 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. Except as provided by subdivisions (a)(2)-(4), deferment shall not be grounds for a state institution of higher education to:
      1. Deny or otherwise encumber a student's request for academic transcripts or term grade reports;
      2. 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. 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. 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. 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. 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.
  1. 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.
    1. All public institutions of higher education shall publish notice of entitlement to veterans' educational benefits in their catalogues and schedules of classes.
    2. Inclusion of the information shall be subject to review by the veterans' education division of the Tennessee higher education commission.

Acts 1977, ch. 10, § 1; 1978, ch. 719, §§ 1, 2; T.C.A., § 49-3259; Acts 1991, ch. 20, § 1; 2000, ch. 767, § 3; 2001, ch. 293, §§ 7-9; 2002, ch. 788, §§ 4, 5; 2003, ch. 278, § 1; 2003, ch. 279, § 1; 2018, ch. 602, § 5.

49-7-105. Campus traffic control.

  1. 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.
  2. 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.
  3. 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.
  4. Nothing in this section shall be construed as preventing a municipal corporation from enforcing traffic ordinances on its streets within the campus.

Acts 1959, ch. 119, § 1; 1973, ch. 144, § 1; T.C.A., § 49-3225.

49-7-106. Urban renewal adjacent to campus.

  1. 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.
    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. 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.

Acts 1961, ch. 208, §§ 1, 6; 1973, ch. 144, § 1; T.C.A., §§ 49-3226, 49-3227.

Compiler's Notes. The Federal Housing Act of 1949, § 112, which provided financial assistance for urban renewal projects in areas involving colleges, universities, or hospitals, was codified in 42 U.S.C. § 1463, but this section was omitted and the authority to make grants or loans was terminated after January 1, 1975.

Acts 1961, ch. 208, §§ 2-5 authorize the issuance of direct general obligation interest-bearing bonds in an amount not to exceed one million dollars ($1,000,000).

49-7-107. Establishment of foundations — Code of ethics.

  1. 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.
  2. 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.
  3. 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.
    1. Notwithstanding any other law to the contrary, by a two-thirds (2/3) 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. 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. 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.

Acts 1965, ch. 42, § 1; 1973, ch. 144, § 1; T.C.A., § 49-3232; Acts 2003, ch. 391, § 1; 2004, ch. 879, § 1; 2006, ch. 541, § 1; 2018, ch. 602, § 6.

Attorney General Opinions. No legal barrier to general assembly enacting bill which would require foundations associated with, but separate from, public universities and colleges to comply with the same laws on expenditures as the college or university must, OAG 03-044, 2003 Tenn. AG LEXIS 49 (4/15/03).

49-7-108. Donations by local governments.

  1. 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.
  2. 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.

Acts 1965, ch. 39, §§ 1, 2; T.C.A., §§ 49-3233, 49-3234.

49-7-109. In-service training funds.

  1. 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.
  2. 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.
  3. Expenditures from the fund shall be made only under policies approved by the respective governing boards or system.

Acts 1972, ch. 693, § 16; 1973, ch. 144, § 1; T.C.A., § 49-3235.

49-7-110. Curriculum — American history.

  1. 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.
  2. 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.
    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. 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.

Acts 1974, ch. 767, §§ 1, 2; 1975, ch. 170, § 1; T.C.A., § 49-3253; Acts 2009, ch. 204, § 1.

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.

Acts 1981, ch. 16, §§ 2, 3; T.C.A., §§ 49-3264, 49-3380.

Cross-References. High schools, military career and educational opportunity information to be provided, § 49-6-406.

49-7-112. Skills for Jobs Act — Annual report regarding state workforce need projections and credential production.

  1. This section shall be known and may be cited as the “Skills for Jobs Act”.
  2. 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 consultation with the department of labor and workforce development and any other entity the commission deems appropriate, shall produce an annual report regarding state workforce need projections and credential production. The report shall:
    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 Postsecondary Education Authorization Act, compiled in chapter 7, part 20 of this title, expect to issue;
    2. To the extent provided by sources external to the commission, indicate the state's anticipated number of degrees, certificates, and other credentials that high school career and technical programs, apprenticeship programs, and other public or private workforce training programs expect to issue;
    3. Identify any workforce needs, including areas of specialization within a particular vocation, that may not be met by the education, training, and apprenticeship programs; and
    4. Identify institutions, public or private, that may meet projected workforce needs.
  3. The department of labor and workforce development 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 October 1, 2013, and by October 1 of each year thereafter.
  4. The commission, by January 15, 2014, and by January 15 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 committee and commerce committee of the house of representatives, and the governor. The commission shall send the report to the board of regents, the University of Tennessee board of trustees 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.

Acts 2013, ch. 88, § 1; 2015, ch. 182, § 57; 2019, ch. 345, § 110.

Compiler's Notes. Former § 49-7-112, (Acts 1983, ch. 83, § 1; T.C.A., § 49-3265; Acts 2010, ch. 852, § 1, repealed by Acts 2011, ch. 297, § 5, effective May 27, 2011), concerned the student tuition subsidy.

49-7-113. Disabled and elderly persons — Auditing or enrollment.

    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. 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. 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. 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.
  1. 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.

Acts 1974, ch. 623, § 1; 1976, ch. 502, § 1; 1977, ch. 28, § 1; 1980, ch. 842, §§ 1, 2; T.C.A., § 49-3251; Acts 1997, ch. 360, § 1; 2002, ch. 788, § 6; 2006, ch. 913, § 1.

49-7-114. Draft registration prerequisite to enrollment.

  1. 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.
  2. 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.

Acts 1984, ch. 759, §§ 1, 2.

Compiler's Notes. 50 U.S.C. § 453, which is referred to in this section, was transferred to 10 U.S.C. § 2535(b). (For information regarding military selective service, see 50 U.S.C. § 3801 et seq.)

49-7-115. Bartending schools — Instruction in alcohol abuse and effect.

  1. 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.
  2. 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.

Acts 1984, ch. 840, § 1.

49-7-116. Full-time university and college employees — Tuition-free courses.

  1. 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.
  2. 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.
  3. Courses taken under this section shall be governed by the academic rules and regulations of the institution or school offering the course or courses.
  4. 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.
  5. 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.

Acts 1985, ch. 191, § 1; 1986, ch. 638, §§ 1-3; 1994, ch. 685, § 3; 2013, ch. 473, § 15.

Cross-References. State employees, continuing education, § 8-50-114.

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.

Acts 1985, ch. 478, § 38; 2018, ch. 602, § 7.

Cross-References. Child sexual abuse, title 37, ch. 1, part 6.

49-7-118. Police and other law enforcement officers.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
    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. 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.
    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. 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. 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. 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. This subsection (f) shall not entitle the officers to any public funding, for training or otherwise.
    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. 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. 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. 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. This subsection (g) shall not entitle the campus police officers to any public funding, for training or otherwise.
    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. 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. 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. 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. This subsection (h) shall not entitle the campus police officers to any public funding, for training or otherwise.
  5. As used in this section, unless the context clearly requires otherwise:
    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;
    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. “Law enforcement agency” means an institution, school, or board employing one (1) or more commissioned police officers; and
    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.

Acts 1987, ch. 78, §§ 2-5; 1997, ch. 494, § 1; 1999, ch. 133, § 1; 2004, ch. 766, §§ 1-9; 2005, ch. 119, § 1; 2012, ch. 763, § 1; 2013, ch. 368, § 1; 2017, ch. 28, § 1; 2020, ch. 630, §§ 1-3.

Compiler's Notes For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

For tables of populations of Tennessee municipalities, see Volume 13 and its supplement.

Amendments. The 2020 amendment inserted “by the governing boards or” preceding “by institutions and schools” in (a); and in (i)(1) and (i)(3), substituted “institution, school, or board” for “institution”.

Effective Dates. Acts 2020, ch. 630, § 4. March 20, 2020.

Attorney General Opinions. Limit on authority of security officers to obtain and execute search warrants, OAG 96-134, 1996 Tenn. AG LEXIS 171 (11/22/96).

49-7-119. Children of public school teachers — Tuition discount.

    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. Is employed as a full-time certified teacher in any public school in Tennessee;
      2. Is employed as a full-time technology coordinator in any LEA in Tennessee;
      3. Is a retired teacher who retired after a minimum of thirty (30) years of full-time creditable service in Tennessee public schools;
      4. Received disability retirement after a minimum of twenty-five (25) years of full-time creditable service in Tennessee public schools;
      5. Died while employed as a full-time certified teacher in a public school in Tennessee; or
      6. Died while employed as a full-time technology coordinator in an LEA in Tennessee.
    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.
  1. 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.
  2. 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.

Acts 1990, ch. 1095, § 1; 2004, ch. 475, § 1; 2005, ch. 447, § 1; 2013, ch. 345, § 1; 2019, ch. 402, §§ 2, 3.

Compiler's Notes. Acts 2019, ch. 402, § 1 provided that the act, which amended this section, shall be known and may be cited as “Michelle's Law.”

Cross-References. Education tuition reduction for children of state employees, § 8-50-115.

Attorney General Opinions. Charter schools are public schools that are part of the public school system and that operate within school districts.  Accordingly, full-time certified teachers employed in public charter schools are teachers in public schools in Tennessee, and their children are eligible for the tuition discount provided for in T.C.A. § 49-7-119(a). OAG 17-09, 2017 Tenn. AG LEXIS 9 (2/8/2017).

49-7-120. Confidentiality of research records and materials.

  1. As used in this section, unless the context otherwise requires:
    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. “Proprietary information” means:
      1. 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. 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. “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. “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.
  2. 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. Patentable material or potentially patentable material;
    2. Proprietary information;
    3. Trade secrets or potential trade secrets, including, but not limited to, manufacturing and production methods, processes, materials and associated costs;
    4. Business transactions, commercial or financial information about or belonging to research subjects or sponsors;
    5. Summaries or descriptions of sponsored research or service, unless released by the sponsor;
    6. Personally identifiable information; and
    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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.

Acts 1991, ch. 135, § 1; 1997, ch. 352, § 1; 1999, ch. 349, § 1; 2000, ch. 783, §§ 1-9, 11, 12; 2010, ch. 1135, § 2; 2011, ch. 297, § 6.

Cross-References. Confidentiality of public records, § 10-7-504.

Research and development at the University of Tennessee, title 49, ch. 9, part 14.

Law Reviews.

Collaborative Research: Conflicts on Authorship, Ownership and Accountability, see 53 Vand. L. Rev. 1161 (2000).

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.

Acts 1991, ch. 451, § 43.

49-7-122. Annual training required for employee who investigates sexual misconduct.

  1. 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. 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. Training developed or conducted by the Tennessee Law Enforcement Innovation Center for investigators who perform investigations of sexual misconduct.
  2. 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.

Acts 1993, ch. 307, § 6; 2018, ch. 980, § 5.

Compiler's Notes. Acts 2018, ch. 980, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Student Due Process Protection Act.”

Acts 2018, ch. 980, § 14  provided that  public institutions of higher education may implement this act by promulgating emergency rules pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2018, ch. 980, § 15 provided that the act, which amended this section, shall apply to all contested cases that are requested on or after July 1, 2018.

Cross-References. Department of human resources, sexual harassment workshops, § 4-3-1703.

Posting of sexual harassment policy by state entities, § 4-3-124.

Law Reviews.

What Part of “No” Don't You Understand?: Recent Developments in Workplace Sexual Harassment Law (William D. Evans Jr.), 36 No. 5 Tenn. B.J. 14 (2000).

49-7-123. Hazing prohibited.

  1. As used in this section, unless the context otherwise requires:
    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. “Higher education institution” means a public or private college, community college or university.
  2. 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.

Acts 1995, ch. 500, § 1.

49-7-124. Jacob Nunley Act — Requirement of proving immunization against meningococcal disease — Exemptions.

  1. This section shall be known and may be cited as the “Jacob Nunley Act”.
  2. 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.
  3. A student may be exempted from the requirements of this section only under the following circumstances:
    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. The individual meets the criteria for contraindication set forth in the manufacturer's vaccine package insert;
      2. The individual meets the criteria for contraindication published by the centers for disease control or the advisory committee on immunization practices; or
      3. 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. 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.
  4. Nothing in this section shall be construed to require a public institution of higher learning to provide or purchase vaccine against meningococcal disease.
  5. 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.
  6. 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.
  7. 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.
  8. Notwithstanding subsection (g), each public institution of higher learning shall strive to collect immunization records for students enrolling in the institution.

Acts 2003, ch. 104, § 1; 2013, ch. 114, § 1; 2016, ch. 841, § 1; 2017, ch. 166, §§ 1, 3.

Compiler's Notes. Acts 2003, ch. 122, § 1 purported to enact its provisions as § 49-7-124. Acts 2003, ch. 104, § 1 had previously enacted its provisions as § 49-7-124; therefore, the provisions of ch. 122 were codified in § 49-7-126.

Acts 2003, ch. 136, § 1 purported to enact its provisions as § 49-7-124. Acts 2003, ch. 104, § 1 had previously enacted its provisions in § 49-7-124; therefore, the provisions of ch. 136 were codified in § 49-7-125.

Acts 2003, ch. 232, § 1 purported to enact its provisions as § 49-7-124. Acts 2003, ch. 104, § 1 had previously enacted its provisions in § 49-7-124; therefore, the provisions of ch. 232 were codified in § 49-7-127.

Cross-References.

Information about meningococcal disease and the effectiveness of vaccination for charter schools, §  49-13-111.

Information about meningococcal disease and the effectiveness of vaccination for home schools, §  49-6-3050.

Information about meningococcal disease and the effectiveness of vaccination for private schools, §  49-50-802.

Information about meningococcal disease and the effectiveness of vaccination for public school nurse program, §  68-1-1202.

Information about meningococcal disease and the effectiveness of vaccination for school children, §  49-6-5005.

49-7-125. Hepatitis B waiver form.

  1. 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.
  2. Nothing in this section shall be construed to require a school to provide or purchase vaccine against hepatitis B infection.
  3. 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.

Acts 2003, ch. 136, § 1; 2017, ch. 166, § 2.

Compiler's Notes. Acts 2003, ch. 136, § 1 purported to enact its provisions as § 49-7-124. Acts 2003, ch. 104, § 1 had previously enacted its provisions as § 49-7-124; therefore, the provisions of ch. 136 were codified in § 49-7-125.

Cross-References.

Hepatitis B immunization of school children, §  49-6-5003.

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.

Acts 2003, ch. 122, § 1.

Compiler's Notes. Acts 2003, ch. 122, § 1 purported to enact its provisions as § 49-7-124. Acts 2003, ch. 104, § 1 had previously enacted its provisions as § 49-7-124; therefore, the provisions of ch. 122 were codified in § 49-7-126.

49-7-127. Section definitions — Group purchasing program.

  1. For purposes of this section:
    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. “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. “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. “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].
  2. Notwithstanding any other the law, institutions of higher education may make purchases of goods and services through a group purchasing program; provided, that:
      1. 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. 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;
    1. 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;
    2. 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;
    3. 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
    4. 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.
  3. 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.
  4. 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.
  5. 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.

Acts 2003, ch. 232, § 1; 2006, ch. 780, § 1.

Compiler's Notes. Acts 2003, ch. 232, § 1 purported to enact its provisions as § 49-7-124. Acts 2003, ch. 104, § 1 had previously enacted its provisions as § 49-7-124; therefore, the provisions of ch. 232 were codified in § 49-7-127.

Former § 12-4-109, referred to in this section, was recodified by Acts 2013, ch, 403, effective July 1, 2013.  Provisions similar to former § 12-4-109 were transferred to other sections within title 12, ch. 3, parts 1 and 3.

Attorney General Opinions. National Association of Educational Buyers membership dues are a payment for purposes of T.C.A. § 49-7-127(b)(1), OAG 05-033, 2005 Tenn. AG LEXIS 33 (3/29/05).

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.

Acts 2003, ch. 327, § 4; 2018, ch. 602, § 8.

49-7-129. Short title — Notification of law enforcement agency of a medically unattended death or of a report alleging rape — Joint investigation — Penalty.

  1. This section shall be known and may be cited as the “Robert ‘Robbie’ Nottingham Campus Crime Scene Investigation Act of 2004.”
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. As used in this section, “local law enforcement agency” means:
    1. Within the territory of a municipality, the municipal police force;
    2. Within the territory of a county having a metropolitan form of government, the metropolitan police force; and
    3. Within the unincorporated territory of a county, the sheriff's office.
  7. A knowing violation of this section is a Class C misdemeanor.

Acts 2004, ch. 533, § 1; 2005, ch. 305, §§ 1, 5.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

Attorney General Opinions. Investigatory duties under T.C.A. § 9-7-129, OAG 06-061, 2006 Tenn. AG LEXIS 62 (4/5/06).

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.

Acts 2004, ch. 681, § 2; 2018, ch. 602, § 9.

Cross-References. Airplane travel limited to standard coach fare, § 8-26-115.

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.

Acts 2004, ch. 751, § 1.

49-7-132. Approval of expenditures by state building commission.

Any expenditure or combination of separate expenditures in excess of one hundred thousand dollars ($100,000), or any subsequent threshold established by the state building commission, made in any six-month period on a single building or structure owned or leased by a state institution of higher education or governing board of the institution shall be subject to the approval of the state building commission.

Acts 2004, ch. 807, § 1.

49-7-133. Misrepresentation of academic credentials — Penalty.

  1. 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. 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. 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. 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.
  2. Misrepresentation of academic credentials is a Class A misdemeanor.
  3. 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.

Acts 2004, ch. 825, § 1; 2006, ch. 661, § 1.

Cross-References. Penalty for Class A misdemeanor, § 40-35-111.

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. Apply to regular, nonfaculty employees;
  2. Provide for a written rationale for any reduction in the work force;
  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. 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. Require written notification to the affected employees of a reduction in force as far in advance as possible; and
  6. Provide an opportunity for affected employees to receive notification when vacancies for similar positions at their former campuses occur.

Acts 2004, ch. 867, § 1; 2018, ch. 602, § 10.

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.

Acts 2005, ch. 329, § 1; 2017, ch. 161, § 3.

Cross-References. Smoking policies, § 4-4-121.

49-7-136. Emergency keyed lock boxes in all student dormitories and other university housing next to functioning elevators.

  1. 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.
  2. 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).

Acts 2005, ch. 404, § 2; 2018, ch. 602, § 11.

Cross-References. Emergency keyed lock boxes next to functioning elevators, §§ 4-3-1114, 68-11-261.

Penalty for Class C misdemeanor, § 40-35-111.

49-7-137. Instruction to raise awareness and prevent hate crimes and sexual offenses — Required for freshmen.

  1. 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.
  2. 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.

Acts 2006, ch. 908, § 1; 2016, ch. 835, § 1.

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.

Acts 2006, ch. 950, § 1.

49-7-139. Wireless internet access in public postsecondary institutions.

  1. Every public postsecondary institution is authorized to provide campus-wide wireless internet access to students, faculty, staff and the general public without charge.
  2. For purposes of this section, “public postsecondary institution” means:
    1. An institution operated by the board of regents of the state university and community college system; or
    2. An institution in the University of Tennessee system.

Acts 2007, ch. 100, § 1.

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.

Acts 2007, ch. 113, § 1.

Cross-References. Confidentiality of public records, § 10-7-504.

49-7-141. Minimizing cost of textbooks and course materials.

  1. 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. 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. 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. 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. 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. Any on-campus bookstore actively promote and publicize book buy-back programs;
    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. All textbook inventory and monitoring required of any on-campus bookstore by any policy adopted shall be accomplished by existing bookstore staff.
  2. As used in subsection (a), “bundled” means a group of objects joined together by packaging or required to be purchased as an indivisible unit.

Acts 2007, ch. 504, § 1.

49-7-142. Computer and network usage — Policy and deterrents to copyright infringement.

  1. Each public and private institution of higher education in the state that has student residential computer networks shall:
    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. Make reasonable efforts to post signs in appropriate locations to remind students, staff, and faculty of the policy; and
    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.
  2. Nothing in this section shall:
    1. Prohibit the noninfringing use of copyrighted material by students, staff, and faculty;
    2. Restrict an educational institution's use of copyrighted material under 17 U.S.C. § 107;
    3. Waive the protections available to internet service providers under 17 U.S.C. § 512;
    4. Subject public institutions of higher education to any suit, whether for monetary damages, injunctive relief or any cause of action whatsoever; or
    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.
  3. 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).

Acts 2008, ch. 819, § 1.

49-7-143. Information in student directories — Solicitations and issuance of credit cards.

  1. 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.
  2. 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.
  3. 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.
  4. 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 committee of the house of representatives by October of each year.
  5. 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.

Acts 2008, ch. 1000, § 1; 2011, ch. 410, § 4(z); 2015, ch. 182, § 58; 2018, ch. 602, §§ 12, 13; 2019, ch. 345, § 111.

Compiler's Notes. For the Preamble to the act concerning the prohibition against establishment of a special committee if there is a standing committee on the same subject, please refer to Acts 2011, ch. 410.

49-7-144. Disclosure about transferability of credits.

  1. 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).
    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. The disclosure on the transferability of credits shall be as follows:

      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.

  2. 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.
  3. Information required under this section to be disclosed in writing to prospective students shall also be posted on the institution's website.

Acts 2008, ch. 1103, § 1.

Compiler's Notes. Acts 2008, ch. 1103, § 5 provided that any information required by this act to be placed on a contract, agreement or other document or posted on a website shall be so placed by January 1, 2009.

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.

Acts 2008, ch. 1103, § 4.

Code Commission Notes.

Provisions in this section concerning a report by the comptroller on student loan practices were deleted as obsolete by authority of the code commission in 2009.

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).

Acts 2008, ch. 1189, § 1; 2012, ch. 848, § 44.

49-7-147. Remedial and developmental courses — Coordination with two-year institutions.

Notwithstanding any law to the contrary, after July 1, 2012, four-year institutions governed by the board of regents and the University of Tennessee board of trustees shall not offer remedial or developmental courses, as those terms are defined by the higher education commission, to any student; however, any such four-year institution may coordinate efforts with any two-year institution governed by the board of regents so that the two-year institution may provide the remedial or developmental courses.

Acts 2010 (1st Ex. Sess.), ch. 3, § 7.

Compiler's Notes. Acts 2010 (1st Ex. Sess.), ch. 3, § 1 provided that the act shall be known and may be cited as the “Complete College Tennessee Act of 2010.”

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.

Acts 2010, ch. 912, § 1.

Compiler's Notes. Chapter 5, part 55, referred to in this section, was repealed by 2013, ch. 214, § 1, eff. April 23, 2013.

49-7-149. Kristen Azevedo Act — Criminal history check for employees of student housing.

  1. This section shall be known as and may be cited as the “Kristen Azevedo Act.”
  2. 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. 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. Agree that the results of the criminal history records check will be sent to the institution.
  3. 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.

Acts 2011, ch. 506, § 1; 2012, ch. 1054, § 1.

Compiler's Notes. Acts 2012, ch. 1054, § 5 provided that the act, which deleted former subsection (c), shall be implemented within the existing resources of the higher education systems.

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.

Acts 2012, ch. 662, § 1.

49-7-151. Exemption from physical quorum requirement for participation by electronic or other means.

  1. 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.
  2. 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).

Acts 2012, ch. 692, § 1; 2020, ch. 692, § 1.

Amendments. The 2020 amendment rewrote the section, which read: “(a)  Notwithstanding any law to the contrary, the board of trustees of the University of Tennessee and the board of regents of the state university and community college system shall not be 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.“(b)  Notwithstanding any law to the contrary, the board of trustees of the University of Tennessee and the board of regents of the state university and community college system shall not be subject to the requirements of § 8-44-108(b)(2) or (3).”

Effective Dates. Acts 2020, ch. 692, § 4. June 11, 2020.

49-7-152. Early registration for military veterans.

  1. 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.
  2. 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.

Acts 2012, ch. 788, § 1.

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.

Acts 2012, ch. 918, § 2.

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.

  1. 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.
  2. As used in this section:
    1. “Chief executive officer of a public institution of higher education” includes:
      1. The president of the University of Tennessee system;
      2. The chancellor of the state university and community college system;
      3. A chancellor of a University of Tennessee campus or institute; and
      4. A president or director of an institution of the state university and community college system; and
    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.

      [Repealed effective July 1, 2021.]

    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 president of a locally governed state university;
      2. The president of the University of Tennessee system;
      3. A president of a community college; or
      4. A president or director of a Tennessee college of applied technology.
    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. 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. 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. 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. 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. This subsection (c) shall be repealed on July 1, 2021.

Acts 2012, ch. 956, § 1. 2018, ch. 770, § 1.

Cross-References. Confidentiality of public records, § 10-7-504.

49-7-155. Dual credit courses.

    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. 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. 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. 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. 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. 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.
  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. The office of postsecondary coordination and alignment shall encourage LEAs throughout the state, including those in rural areas, to offer early postsecondary credit classes.

Acts 2012, ch. 967, § 15; 2013, ch. 473, § 16.

Compiler's Notes. The consortium, referred to in this section, is a reference to the consortium for cooperative innovative education, created in § 49-15-103.

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.

  1. 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. The religious content of the organization's speech including, but not limited to, worship; or
    2. The organization's exercise of its rights pursuant to subsection (b).
  2. 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.
  3. As used in this section, “state higher education institution” means any higher education institution governed by chapter 8 or 9 of this title.

Acts 2013, ch. 283, § 1.

Compiler's Notes. Acts 2013 ch. 283, § 1 purported to enact § 49-7-150. Acts 2012, ch. 662, § 1 had previously enacted § 49-7-150; therefore, ch. 283 was codified as § 49-7-156.

Law Reviews.

The Intersection of CLS and Hosanna-Tabor: The Ministerial Exception Applied to Religious Student Organizations, 44 U. Mem. L. Rev. 141 (2013).

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.

Acts 2014, ch. 753, § 1.

Code Commission Notes.

Acts 2014, ch. 951, § 1 purported to enact § 49-7-157. Section 49-7-157 was previously enacted by Acts 2014, ch. 753, § 1; therefore, the enactment by Acts 2014, ch. 951, § 1 was designated as § 49-7-158 by the authority of the code commission.

Compiler's Notes. Pursuant to Article III, Section 18 of the Constitution of Tennessee, Acts 2014, ch. 753 took effect on April 21, 2014.

Law Reviews.

The Intersection of CLS and Hosanna-Tabor: The Ministerial Exception Applied to Religious Student Organizations, 44 U. Mem. L. Rev. 141 (2013).

49-7-158. Brian Byrge Act — Free tuition for certain community college system and colleges of applied technology employees.

  1. This section shall be known and may be cited as the “Brian Byrge Act.”
  2. As used in this section, “space availability” means the maximum possible enrollment for the class has not been reached.
  3. 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.
  4. 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.
  5. Courses taken under this section shall be governed by the academic rules and regulations of the institution or school offering the course or courses.
  6. This section shall have no effect on existing staff development programs at the institutions and schools of the state university and community college system.
  7. 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.
  8. This section shall not apply to:
    1. Adjunct faculty; or
    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.

Acts 2014, ch. 951, § 1.

Code Commission Notes.

Acts 2014, ch. 951, § 1 purported to enact § 49-7-157. Section 49-7-157 was previously enacted by Acts 2014, ch. 753, § 1; therefore, the enactment by Acts 2014, ch. 951, § 1 was designated as § 49-7-158 by the authority of the code commission.

49-7-159. [Reserved.]

  1. 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.
  2. 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.

Acts 2015, ch. 482, § 1.

49-7-161. Handgun carry policy of private institutions of higher education — Establishment — Rules and limitations.

    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. Any handgun carry policy adopted by the board or governing entity, or the chief administrative officer when appropriate, may:
      1. 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. 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. 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.
  1. 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. 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. The person must have a valid Tennessee handgun carry permit, pursuant to § 39-17-1351; and
    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).
    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. The policy shall go into effect thirty (30) days after it is adopted and disseminated as provided in this subsection (c).
  2. 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.
  3. 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.

Acts 2016, ch. 698, § 2.

49-7-162. Prohibition against residency of registered sexual offenders — Penalties.

  1. 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.
  2. A person who violates this section shall be subject to the penalties prescribed in § 40-39-208.

Acts 2016, ch. 767, § 1.

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.

Acts 2016, ch. 806, § 1.

49-7-164. In-state tuition and fees to children of military parent who died in targeted attack in Tennessee — Definitions — Requirements — Eligibility.

  1. As used in this section:
    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. “Military parent” means a parent of a dependent child who is:
      1. A member of the armed forces engaged in active military service of the United States; or
      2. A member of the Tennessee national guard engaged in active military service of the United States;
    3. “State institution of higher education” means any public postsecondary institution operated in this state;
    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. “Tennessee national guard” means any federally recognized unit of the Tennessee army or air national guard.
  2. 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.
  3. 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.
  4. 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.
  5. 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. Prior to attaining twenty-three (23) years of age, the dependent child earns an undergraduate degree or certificate;
    2. The dependent child has earned one hundred thirty-five (135) semester hours, or the equivalent, excluding required remedial or developmental hours; or
    3. The dependent child has attempted one hundred fifty (150) semester hours, or the equivalent, inclusive of required remedial or developmental hours.

Acts 2016, ch. 820, § 1.

49-7-165. Protection of records related to alternative investments.

  1. 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.
    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.

      [Effective until July 1, 2021.]

    2. Notwithstanding subdivision (b)(1), records relating to the University of Tennessee's or the state university and community college system's review or analysis of any alternative investment or any investment therein shall not be open to public inspection pursuant to title 10, chapter 7, part 5, if:
      1. The records contain confidential information or information that could be commercially reasonably expected to be kept confidential when provided to or by the public institution of higher education, or any analysis or evaluation of an alternative investment by the public institution of higher education; or
      2. Disclosure of the records reasonably could have an adverse effect on the public institution of higher education's investment program, the value of an alternative investment, or the person or entity that provided the information for or to the public institution of higher education.
    3. Subdivision (b)(2) shall be repealed on July 1, 2021.
  2. For purposes of this section:
    1. “Alternative investment” includes, but is not limited to:
      1. 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. 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. A qualified purchaser under 15 U.S.C. § 80a-2(a)(51); and
    2. “Public institution of higher education” means the University of Tennessee or the state university and community college systems.
  3. Nothing in this section shall limit access to records by law enforcement agencies, courts, or other governmental agencies performing official functions.

Acts 2017, ch. 285, § 1.

Compiler's Notes. For the Preamble to the act relative to investment programs by public institutions of higher education, please refer to Acts 2017, ch. 285.

Cross-References. Confidentiality of public records, § 10-7-504.

49-7-166. Satisfaction of student debts and obligations required.

  1. As used in this section, “college system of Tennessee” means the community colleges and colleges of applied technology governed by the board of regents.
  2. As used in this section, “state universities” means:
    1. The University of Tennessee and all its several branches;
    2. The University of Memphis;
    3. Tennessee State University;
    4. Austin Peay State University;
    5. Middle Tennessee State University;
    6. Tennessee Technological University; and
    7. East Tennessee State University.
  3. 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).
  4. 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.
  5. 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.

Acts 2018, ch. 739, § 2.

49-7-167. Appointment of administrative judges and hearing officers to conduct contested cases — Training — Waiver of right to contested case hearing.

  1. 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. A person who is licensed to practice law and who is not employed as an attorney for the institution;
    2. A former state, county, or municipal judge or a former federal judge or magistrate;
    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. An employee of another public institution of higher education who has been trained to conduct contested cases, including the training in subsection (c).
  2. An administrative judge or hearing officer appointed by a public institution of higher education pursuant to subsection (a) is subject to:
    1. The disqualification provisions of § 4-5-302; and
    2. The conflict of interest provisions of § 4-5-303.
  3. 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.
  4. 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).
  5. 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.
  6. As used in this section:
    1. “Contested case” has the meaning ascribed to that term by the Uniform Administrative Procedures Act; and
    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.

Acts 2018, ch. 980, § 6.

Compiler's Notes. Acts 2018, ch. 980, § 1 provided that the act, which enacted this section, shall be known and may be cited as the “Student Due Process Protection Act.”

Acts 2018, ch. 980, § 14  provided that  public institutions of higher education may implement this act by promulgating emergency rules pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2018, ch. 980, § 15 provided that the act, which enacted this section, shall apply to all contested cases that are requested on or after July 1, 2018.

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.

  1. As used in this section:
    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. “Dependent child” means a natural child, stepchild, or adopted child of a service member;
    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. “Service member” means a member of the United States armed forces who is engaged in active military service; and
    5. “Spouse” means the person to whom the service member is legally married.
  2. 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. Was accepted for admission to an institution of higher education;
    2. Was initially classified by the institution that accepted the spouse or dependent child for admission as a Tennessee resident for tuition purposes;
    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. Maintains continuous enrollment in that institution.

Acts 2019, ch. 80, § 1.

Compiler's Notes. Acts 2019, ch. 80, § 2 provided that the act, which enacted this section,  shall apply to tuition classifications for the 2019-2020 academic year and each academic year thereafter.

49-7-169. Annual report detailing higher education opportunities available to eligible incarcerated individuals.

  1. 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.
  2. The report must include:
    1. The number of eligible incarcerated individuals housed at each correctional facility who are participating in higher education opportunities;
    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. 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. 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. 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.
  3. The department shall transmit the report required under this section to the chairs of the education committees of the senate and the house of representatives, and to the chairs of the judiciary committees of the senate and the house of representatives, no later than January 1 of each year.

Acts 2019, ch. 238, § 1.

49-7-170. Confidentiality of records maintained by intercollegiate athletics program. [Effective until July 1, 2026.]

  1. 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.
  2. 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.
  3. This section does not limit access to records:
    1. Of a law enforcement agency, court, or other governmental agency that is performing an official function;
    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. 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.
  4. 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.
  5. 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.
  6. This section is repealed on July 1, 2026.

Acts 2019, ch. 248, § 77.

Cross-References. Confidentiality of public records, § 10-7-504.

49-7-171. Homeless-student liaison — Plan to provide students access to housing resources.

  1. A degree-granting postsecondary educational institution, as defined in § 49-7-2003, that has a campus in this state shall:
    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. 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.
  2. 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. A director or designee of a governmental or nonprofit agency that receives public or private funding to provide services to homeless persons;
    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. The director of a federal TRIO or Gaining Early Awareness and Readiness for Undergraduate Programs program, or a designee of the director; or
    4. A financial aid administrator for a degree-granting postsecondary educational institution.

Acts 2019, ch. 266, § 1.

49-7-172. Suicide prevention plan for students, faculty, and staff.

  1. Each state institution of higher education shall develop and implement a suicide prevention plan for students, faculty, and staff. The plan must be developed in consultation with campus mental health professionals and suicide prevention experts. The plan must identify procedures related to suicide prevention, intervention, and postvention.
  2. 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).
  3. Each state institution of higher education shall provide the suicide prevention plan to students, faculty, and staff at least one (1) time each semester.

Acts 2019, ch. 455, § 1.

Compiler's Notes. For Preamble to the act concerning suicide deaths among college and university students, see Acts 2019, ch. 455.

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.

Acts 1967, ch. 179, § 1; T.C.A., § 49-4201.

Compiler's Notes. The Tennessee higher education commission, created by this section, terminates June 30, 2022. See §§ 4-29-112, 4-29-243.

Acts 2001, ch. 433, § 8 directed that the Tennessee higher education commission continue to develop and enhance the Tennessee pre-law and pre-health science fellowship program and report to the general assembly on the success of students participating in such programs.

Acts 2001, ch. 433, § 9 provided for a study group to review the structure and responsibilities of the Tennessee higher education commission.

Cross-References. State employees, continuing education, § 8-50-114.

Vocational school, institution of higher learning, tuition reduction for children of state employees, § 8-50-115.

Law Reviews.

Title IX: Proportionality and Walk-Ons, 44 U. Mem. L. Rev. 497 (2013).

49-7-202. Duties.

  1. 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.
  2. 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.
  3. The commission shall:
    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;
    2. Develop and advance the education public policy agenda of the state to address the challenges facing higher education in Tennessee; and
    3. Develop public consensus and awareness for the Tennessee higher education public policy agenda.
    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. 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. 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. 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. Addressing the state's economic development, workforce development, and research needs;
      2. Ensuring increased degree production within the state's capacity to support higher education;
      3. 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. 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. 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 committee of the house of representatives.
  4. 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.
    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. 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. End-of-term enrollment for each term, student retention, and timely progress toward degree completion and degree production; and
      2. Student transfer activity, research, and student success, as well as compliance with the transfer and articulation policies required in this section.
    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.
    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 and finance, ways and means of the house of representatives, and the directors of the office of legislative budget analysis, or their designees.
    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. The review committee shall meet at least annually.
  5. 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 and finance, ways and means committees of the house of representatives.
  6. 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 and finance, ways and means committees of the house of representatives for review and recommendation.
  7. 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.
  8. The commission shall develop funding recommendations that reflect the outcomes-based funding formula model as well as the priorities of the approved master plan.
  9. 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.
  10. 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.
    1. The commission shall review annually tuition and other institutional fees charged to students attending state institutions of higher education.
    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. The tuition policy shall include two (2) approved ranges of allowable percentage adjustment:
      1. One (1) range for any proposed modification to the current tuition rates; and
      2. One (1) range for any proposed modification to the combined total amount of tuition and all mandatory fees assessed.
    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. 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. Nothing in this subsection (n) shall prohibit institutions from reducing the total tuition and fees charged to students.
    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.
  11. 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.
  12. 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. 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. 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 committee of the house of representatives.
      3. 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 committee of the house of representatives, and a copy of the report shall be filed with the commission.
      1. 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. Determination of specific courses or course content, however, shall continue to be the exclusive function of the governing boards of the various institutions.
      3. 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.
    1. 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 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.
    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. 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. 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. 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. 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.
    2. 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 common course numbering system, taking into consideration efforts already undertaken, within the community colleges to address the requirements of subdivision (r)(1); and
      2. 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).
    3. This subsection (r) shall be fully implemented no later than the fall 2015 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).
    4. 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 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.
  13. Notwithstanding any law or rule to the contrary, the commission, in consultation with the governing boards of state institutions of higher education, shall develop policies under which a person who satisfies the admissions requirements of a two-year institution and a four-year institution may be admitted to both such institutions. The commission shall identify those institutions for which such dual admission is appropriate, based on geographic or programmatic considerations. These policies shall be adopted and implemented by the governing boards of all state institutions of higher education no later than July 1, 2015.
    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. 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. The information required by this subsection (t) shall be updated at least annually.
  14. The commission shall undertake specific duties that are directed by resolution of the general assembly or requested by the governor.

Acts 1967, ch. 179, §§ 2, 3; 1980, ch. 901, § 1; 1983, ch. 427, §§ 1-4; T.C.A., §§ 49-4202, 49-4203; Acts 1990, ch. 1024, § 27; 1991, ch. 451, § 44; 1994, ch. 685, § 3; 2000, ch. 795, § 1; 2000, ch. 836, § 1; 2001, ch. 433, § 3; 2004, ch. 882, §§ 1, 2, 3, 4; 2005, ch. 328, § 1; 2005, ch. 419, § 1; 2008, ch. 863, § 1; 2010 (1st Ex. Sess.), ch. 3, §§ 2-6; 2011, ch. 297, § 7; 2011, ch. 410, § 4(aa); 2012, ch. 1009, §§ 2, 4, 5; 2013, ch. 473, § 17; 2014, ch. 794, §§ 1, 2; 2015, ch. 182, §§ 59-66; 2016, ch. 869, § 29; 2019, ch. 238, § 2; 2019, ch. 345, § 112.

Compiler's Notes. For codification of Acts 1983, ch. 181, referred to in this section, see the Session Law Disposition Table in Volume 13 of the Tennessee Code Annotated.

Acts 2010 (1st Ex. Sess.), ch. 3, § 1 provided that the act shall be known and may be cited as the “Complete College Tennessee Act of 2010.”

For the Preamble to the act concerning the prohibition against establishment of a special committee if there is a standing committee on the same subject, please refer to Acts 2011, ch. 410.

Acts 2016, ch. 869, § 33 provided that the state university boards are authorized to promulgate rules to effectuate the purposes of this act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Cross-References. Reporting requirements satisfied by notice to general assembly members of publication of reports, § 3-1-114.

Attorney General Opinions. Authority of board of regents to expand technical institute degree programs, OAG 98-008, 1998 Tenn. AG LEXIS 8 (1/9/98).

49-7-203. Schools within commission's jurisdiction — Contracts with private schools.

  1. 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.
    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. These studies shall consider the place of the private institutions in relation to the public institutions.
    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.

Acts 1967, ch. 179, § 4; impl. am. Acts 1969, ch. 302, § 1; 1978, ch. 670, § 1; 1978, ch. 907, § 1; T.C.A., §§ 49-4204, 49-4214; Acts 1994, ch. 538, § 2.

49-7-204. Composition.

      1. The commission shall consist of a total of ten (10) appointed voting members.
      2. 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.
        1. 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. 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. The student member shall be a resident of this state.
        4. 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. The chancellor and presidents are encouraged to facilitate the participation of campus student government associations in the candidate selection process.
        6. Nothing in this section shall be construed to terminate a student member who was appointed prior to March 23, 2018.
      3. 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 shall serve as an ex officio, nonvoting member of the commission.
      1. Except for ex officio members and student members, membership shall be for a six-year term.
      2. 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.
      1. 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. No member of the commission serving on July 1, 2016, shall have the member's term cut short because of subdivision (a)(3)(A).
    1. 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.
    2. Members shall be eligible for reappointment.
    3. 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.
    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. Vacancies, except for expiration of a term, shall be filled for the unexpired term only.
    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.
  1. 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).
    1. The commission's first meeting after all members have been appointed shall be upon the call of the governor.
    2. The commission thereafter shall meet at least four (4) times each year.
    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.
  2. 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.
  3. 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.

Acts 1967, ch. 179, §§ 5, 7; 1973, ch. 120, § 2; 1975, ch. 287, § 1; 1976, ch. 806, § 1(77); 1977, ch. 8, § 4; 1981, ch. 533, §§ 1, 2; T.C.A., §§ 49-4205, 49-4207; Acts 1984 (1st E.S.), ch. 6, § 24; 1988, ch. 839, § 1; 1988, ch. 1013, § 19; 1990, ch. 938, § 1; 1993, ch. 304, § 1; 1994, ch. 731, § 2; 1994, ch. 834, §§ 1, 3; 1994, ch. 954, §§ 1-3; 1995, ch. 96, §§ 1, 2; 1996, ch. 813, §§ 1-10; 2001, ch. 369, § 1; 2010, ch. 1051, § 2; 2016, ch. 869, § 34; 2018, ch. 602, §§ 14, 15.

Code Commission Notes.

Former subdivisions (a)(4)(A) and (a)(4)(C), concerning the filling of vacancies by the governor to ensure the representation of each congressional district, were deleted as obsolete by the code commission in 2009.

Compiler's Notes. Acts 2010, ch. 1051, § 5 provided that the costs of providing streaming video of meetings of the state board of education, the Tennessee higher education commission, the Tennessee board of regents and the board of trustees of the University of Tennessee system shall be absorbed within the existing budget of the respective entity.

Acts 2016, ch. 869, § 33 provided that the state university boards are authorized to promulgate rules to effectuate the purposes of this act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Cross-References. Grand divisions, title 4, ch. 1, part 2.

Attorney General Opinions. Vacancies on commission, OAG 96-132, 1996 Tenn. AG LEXIS 152 (11/14/96).

49-7-205. Staff.

    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. The executive director shall serve at the pleasure of the commission.
    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.
  1. 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.
  2. 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.

Acts 1967, ch. 179, § 6; 1968, ch. 565, § 1; 1976, ch. 806, § 1(77); T.C.A., §§ 49-4206, 49-4210; Acts 2012, ch. 986, § 20; 2013, ch. 296, § 27; 2018, ch. 666, § 1.

Compiler's Notes. Acts 2012, ch. 986, § 48 provided that all rules, regulations, orders, and decisions heretofore issued or promulgated by any of the boards or commissions, which the act terminates or merges into another board or commission, shall remain in full force and effect. In the case of the boards or commissions that are merged with another board or commission by the act, all final rules, regulations, orders, and decisions together with any matters that are pending on October 1, 2012, shall hereafter be administered, enforced, modified, or rescinded in accordance with the law applicable to the continuing board or commission.

49-7-206. Rights and status of other bodies preserved.

    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. 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.
  1. 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.

Acts 1967, ch. 179, §§ 12, 13; impl. am. Acts 1969, ch. 302, § 1; impl. am. Acts 1972, ch. 838 § 8; T.C.A., §§ 49-4208, 49-4209; Acts 1994, ch. 538, § 2; 2018, ch. 602, § 16.

49-7-207. Committee on postsecondary educational institutions.

  1. There is created, under the auspices of the Tennessee higher education commission, a committee on postsecondary educational institutions, which shall have responsibility for oversight and regulation of institutions pursuant to part 20 of this chapter. The committee shall be composed of the executive director of the Tennessee higher education commission, who shall serve as chair, and twelve (12) persons appointed by the commission. Persons appointed by the commission shall be broadly representative of the geographical characteristics of the state. Six (6) members of the committee shall be employed by, hold an ownership interest in, or otherwise be affiliated with an institution or other entity subject to the committee's supervision and oversight. Four (4) members shall be representative of the public interest and shall have no association or relationship with the institutions. Two (2) members shall be representative of community based organizations that have an interest in postsecondary occupational education. The commission may receive lists of nominees from the postsecondary institutions or from other sources to fill vacancies on the committee, who shall be considered by the commission in making its appointments.
  2. Members of the committee shall serve three-year terms, or until their successors are appointed. Members may be reappointed. A member may be removed without cause by the commission if removal is required to avoid having more than six (6) members of the committee who are affiliated with an institution subject to the committee's supervision and oversight. Members may also be removed by the commission for failure to attend official meetings of the committee, for failure to perform duties related to their position or for other reasonable cause.
  3. The committee shall hold its first meeting prior to September 1, 1992, at the call of the chair. At its first meeting, and annually thereafter, the committee shall elect from its members such other officers as it deems necessary. The committee shall from time to time promulgate bylaws or other rules of procedure that are proper to effectively discharge its duties, including the time and frequency of its regular meetings. Special meetings of the committee may be convened at the call of the chair.
  4. The committee shall exercise the powers and undertake the obligations that are delegated to it by the commission under part 20 of this chapter. The delegations shall include the authority to initiate and conduct on-site institutional reviews and investigations and the formulation of rules of procedure and performance standards for authorization and institutional performance, which actions shall be subject to review, approval or disapproval by the commission. Committee members shall receive no compensation for their services, but 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.
  5. Neither the committee nor the commission is required to approve any institution or program submitted to them for approval under part 20 of this chapter, if, in their judgment, adequate provisions for the institution or program exists within the proposed service area. Furthermore, except with regard to regionally accredited, degree granting institutions, neither the committee nor the commission is required to approve any institution or program, if, in their judgment, there is insufficient evidence that adequate employment opportunities exist in the related occupations for persons successfully completing the program and that the costs of the program are reasonable in relation to the reasonably expected earnings in occupations for which the program is designed. Institutions whose primary campus is located in this state and that have been domiciled in this state for at least ten (10) consecutive years and that are accredited by the commission on colleges of the Southern Association of Colleges and Schools at the baccalaureate level shall be exempt from this subsection (e).
  6. When the committee or the commission receives a request for initial authorization of an institution or approval of a new program under part 20 of this chapter, it shall provide timely notice of the application and the programs that are proposed to be offered to state institutions of higher education within whose service area the proposed institution or program is to be located. Any affected state institution may comment on the proposal to the committee or commission.
  7. Institutions issued annual optional expedited authorization from the commission under part 20 of this chapter shall be exempt from subsections (e) and (f).

Acts 1985, ch. 327, § 1; 1989, ch. 425, §§ 1, 2; 1992, ch. 1026, § 1; 2003, ch. 255, § 1; 2004, ch. 831, § 1; 2006, ch. 913, § 2; 2016, ch. 868, §§ 4, 16; 2018, ch. 790, §§ 14, 16.

Compiler's Notes. Acts 1992, ch. 1026, § 9 provided that the commission is authorized to promulgate rules necessary to effectuate the provisions of the 1992 amendments by that act to this section and §§ 49-7-2016 and 49-7-2018 in accordance with the public necessity rules contained in § 4-5-209, in order to protect vital public interests quickly.

Acts 2009, ch. 566, § 12 provided that the Tennessee code commission is directed to change all references to public necessity rules to emergency rules. See § 4-5-209.

Acts 2018, ch. 790, § 15 provided that the member added to the committee by increasing the number of appointed members from eleven (11) to twelve (12) by the amendment to  § 49-7-207(a) of the act shall serve a three-year term.

49-7-208. Program — Recognition of university students for community involvement.

  1. 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.
  2. The award shall be known as the Representative Harold Love Outstanding Community Involvement Award.

Acts 1991, ch. 26, § 1; 1997, ch. 92, § 1.

49-7-209. Program — Recognition of college and university teachers for community involvement.

  1. 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.
  2. The award shall be known as the Representative Harold Love Outstanding Community Involvement Award.

Acts 1991, ch. 112, § 1; 1997, ch. 92, § 1.

49-7-210. Annual report.

  1. The Tennessee higher education commission shall submit an annual report on the condition of Tennessee higher education to the governor and the general assembly.
  2. This report, which shall be known as the Tennessee Postsecondary Education Fact Book, shall use data from the board of regents system, 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 shall also use available regional and national information to put Tennessee's data in context.
  3. The fact book shall address the topics of access, efficiency, productivity, and quality as indicated by the following performance categories and illustrative indicators:
    1. Student preparation, such as admission rates, freshman class profiles, and learning support placement and success rates, by subject area;
    2. Student participation, such as college-going rates, overall enrollment, and enrollment by critical student subpopulations;
    3. Student progression, such as end-of-term enrollment counts, freshman-to-sophomore retention rates, the number of students passing credit hour benchmarks under the higher education funding formula and lottery scholarship renewal rates;
    4. Student success and completion, such as student transfer activity and subsequent academic performance, graduation rates, time to degree, credentials awarded, and credentials awarded per one hundred (100) full-time equivalent enrolled students;
    5. Workforce participation, such as labor market supply and demand, employer satisfaction survey results, job placement rates, and licensure passage rates;
    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. Financing trends, such as state appropriation levels and net tuition revenues, state and total subsidies per student, and degree costs; and
    8. Affordability trends, such as in-state and out-of-state tuition rates, net costs of attendance, and need-based and merit-based student financial aid.
  4. The fact book shall be published prior to March 15 each year, or as soon as practicable upon receipt of necessary student data from the systems and other sources. The fact book shall be made available in web-based and printable formats.

Acts 1992, ch. 739, § 1; 1994, ch. 685, § 3; 2000, ch. 724, § 1; 2011, ch. 297, § 8; 2012, ch. 1009, § 3.

Cross-References. Reporting requirement satisfied by notice to legislators of publication of report, §  3-1-114.

49-7-211. Financial disclosure of student activity fees.

  1. Each institution of higher education shall report to the Tennessee higher education commission, on an annual basis, an accounting of student activity fees.
  2. The Tennessee higher education commission shall publish, as part of the Tennessee Postsecondary Education Fact Book, a financial disclosure statement for student activity fees.
  3. 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. The number of undergraduate and graduate students enrolled;
    2. Source of any student activity fees according to the number of students enrolled as undergraduate or graduate students;
    3. The expenditure of the student activity fees; and
    4. Funds not expended during the disclosure period.
  4. This section shall only apply to public institutions of higher education.

Acts 2013, ch. 429, § 1; 2018, ch. 602, § 17.

Compiler's Notes. Former § 49-7-211 (Acts 1994, ch. 834, § 2), concerning reimbursement to state for default costs on federal loans, was repealed by Acts 2011, ch. 297, § 9, effective May 27, 2011.

49-7-212. Code of ethics — Material violation — Hearing — Vacancy.

  1. 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.
  2. Notwithstanding any other law to the contrary, by a two-thirds (2/3) vote of its membership, the commission may remove any appointed member of the commission for a material violation of the code of ethics.
  3. 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.
  4. 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.

Acts 2003, ch. 327, § 1.

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.

Acts 2007, ch. 42, § 1.

49-7-214. [Repealed.]

Acts 2010 (1st Ex. Sess.), ch. 3, § 12; repealed by Acts 2018, ch. 628, § 1, effective April 2, 2018.

Compiler's Notes. Former § 49-7-214 concerned comparative analysis of funding.

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 committee of the house of representatives for review and recommendation.

Acts 2010 (1st Ex. Sess.), ch. 3, § 13; 2015, ch. 182, § 67; 2019, ch. 345, § 113.

Compiler's Notes. Acts 2010 (1st Ex. Sess.), ch. 3, § 1 provided that the act shall be known and may be cited as the “Complete College Tennessee Act of 2010.”

49-7-216. Confidential data or records of students enrolled in TICUA institutions.

  1. 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.
  2. 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).

Acts 2010, ch. 650, § 1; 2013, ch. 136, § 1.

Cross-References. Confidentiality of public records, § 10-7-504.

49-7-217. Initiative on historically black colleges and universities.

  1. 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.
  2. 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. Strengthening the capacity of HBCUs to participate in state programs;
    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. Improving the availability, dissemination, and quality of information concerning HBCUs to inform public policy and practice;
    4. Sharing administrative and programmatic practices within the consortium for the benefit of all; and
    5. Exploring new ways of improving the relationship between the state and HBCUs.
    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. 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.
  3. 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. 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. Identify state programs and initiatives in which HBCUs may be either underserved or underused as national resources, and improve HBCUs' participation therein; and
    3. Encourage public-sector, private-sector, and community involvement in improving the overall capacity of HBCUs.
  4. If a department or agency creates an annual plan pursuant to subsection (d), then the department or agency shall:
    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. Provide a written summary of the objectives and goals to the education committee of the senate and the education committee of the house of representatives within thirty (30) days of the annual assessment required in subdivision (e)(1).
  5. 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. Improving the identity, visibility, and distinctive capabilities and overall competitiveness of HBCUs;
    2. Engaging the philanthropic, business, government, military, homeland security, and education communities in a dialogue regarding new HBCU programs and initiatives;
    3. Improving the ability of HBCUs to remain fiscally secure institutions that can assist the state in reaching its educational goals;
    4. Elevating the public awareness of HBCUs; and
    5. Encouraging public-private investments in HBCUs.

Acts 2017, ch. 464, § 1; 2019, ch. 345, § 114.

49-7-218. Report on federal and state appropriations made for federal land-grant institutions of higher education.

  1. By February 15 of each year, the commission shall provide a report to the general assembly detailing, for the immediately preceding academic year, 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. Section 1444 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. § 3221);
    2. Section 1445 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. § 3222);
    3. Sections 3(b) and (c) of the Smith-Lever Act (7 U.S.C. § 343); and
    4. The Hatch Act of 1887 (7 U.S.C. § 361a et seq.).
  2. The commission's report:
    1. 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
    2. 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.

Acts 2019, ch. 280, § 1.

Part 3
Arrangements for Students Studying Outside State

49-7-301. Academic Common Market.

    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. The instrument of agreement shall become effective upon execution by the representatives of five (5) member states of the southern regional education board.
    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.
  1. 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.
    1. The commission is designated the administrative agency for the state for the Academic Common Market.
    2. For the purpose of administration, the duties of the commission are to:
      1. 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. Maintain and disseminate a list of programs offered through the Academic Common Market by institutions in other states and available to Tennessee residents;
      3. Certify Tennessee residents for participation in the programs of the Academic Common Market in other states; and
      4. Perform other duties that may be necessary to comply with the instrument of agreement or that are otherwise necessary for administration.

Acts 1974, ch. 434, §§ 1-3; T.C.A., § 49-3607.

49-7-302. Optometry students.

  1. As used in this section, unless the context otherwise requires:
    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. “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.
  2. 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.
  3. Any financial payment authorized under this section shall be made in accordance with the following provisions and limitations:
    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. 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.

Acts 1973, ch. 394, §§ 1, 2; 1974, ch. 524, § 1; T.C.A., §§ 49-3605, 49-3606.

49-7-303. Medical students.

  1. As used in this section, unless the context otherwise requires:
    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. “Medical college” means an accredited institution offering courses leading to the degree of doctor of medicine acting through its governing body; and
    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.
  2. 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.
  3. Any financial payment authorized under this section shall be made in accordance with the following provisions and limitations:
    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. 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. 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. 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.

Acts 1972, ch. 764, §§ 1, 2; T.C.A., §§ 49-4211, 49-4212.

Part 4
State Assistance to Private Colleges

49-7-401. Family practice training programs.

  1. 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.
    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. Funding for the Meharry family practice residency program shall not exceed fifty thousand dollars ($50,000) per year per resident in training.
    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. Funding for succeeding years will provide for continuance at this same level, unless increased or decreased by specific legislation.
  2. Development and expansion of family practice resident training in various locations of middle Tennessee shall be the responsibility of Meharry Medical College.
    1. This section does not constitute an appropriation of funds.
    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.

Acts 1977, ch. 375, §§ 1-4; T.C.A., § 49-4213; Acts 1982, ch. 892, § 1; T.C.A., § 49-4251; Acts 2001, ch. 433, § 5.

Compiler's Notes. This section may be affected by § 9-1-116, concerning entitlement to funds, absent appropriation.

49-7-402. Preventive medicine training programs.

  1. 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.
    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. Funding for the Meharry preventive medicine residency program shall not exceed fifty thousand dollars ($50,000) per year per resident in training.
    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. Funding for succeeding years will provide for continuance at this same level unless increased or decreased by specific legislation.
  2. Development and expansion of preventive medicine resident training in various locations of middle Tennessee shall be the responsibility of Meharry Medical College.
    1. This section does not constitute an appropriation of funds.
    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.

Acts 1981, ch. 408, § 1; T.C.A., § 49-4252; Acts 2001, ch. 433, § 6.

Compiler's Notes. This section may be affected by § 9-1-116, concerning entitlement to funds, absent appropriation.

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.

Acts 1981, ch. 438, § 1; T.C.A., § 49-4253.

49-7-404. General dentistry training programs.

  1. 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.
    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. Funding for the Meharry general dentistry residency program shall not exceed forty thousand dollars ($40,000) per year per resident in training.
    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. Funding for succeeding years will provide for continuance at this same level unless increased or decreased by specific legislation.
  2. This legislation will provide for Meharry Medical College to continue further development of general dentistry residency training in various locations of middle Tennessee.
    1. This section does not constitute an appropriation of funds.
    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.

Acts 1981, ch. 498, § 1; T.C.A., 49-4254; Acts 2001, ch. 433, § 7.

Compiler's Notes. Acts 2001, ch. 433, § 8 directed that the Tennessee higher education commission continue to develop and enhance the Tennessee pre-law and pre-health science fellowship program and report to the general assembly on the success of students participating in such programs.

Acts 2001, ch. 433, § 9 provided for a study group to review the structure and responsibilities of the Tennessee higher education commission.

Part 5
Chairs of Excellence

49-7-501. Chairs of excellence endowment fund.

  1. The chairs of excellence endowment fund is created.
  2. 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.
  3. There is created a board of trustees for the chairs of excellence endowment fund composed of the following seven (7) members:
    1. The governor;
    2. The state treasurer;
    3. The comptroller of the treasury;
    4. The secretary of state;
    5. The commissioner of finance and administration;
    6. The president of the University of Tennessee system; and
      1. The president of one (1) of the following state universities:
        1. Austin Peay State University;
        2. East Tennessee State University;
        3. Middle Tennessee State University;
        4. Tennessee State University;
        5. Tennessee Technological University; or
        6. The University of Memphis.
      2. 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.
  4. 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.
  5. 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).
  6. 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.
    1. The trust shall be divided into two (2) general accounts:
      1. One (1) for the University of Tennessee; and
      2. One (1) pooled account on behalf of the state universities listed in subdivision (c)(7)(A).
    2. Each general account shall be divided into subaccounts for each chair established under § 49-7-502.
    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. 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. Income in excess of the required funding for a subaccount shall be maintained in a special reserve at the subaccount level.
    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.
  7. 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.

Acts 1985, ch. 119, § 1; 2005, ch. 91, § 1; 2007, ch. 40, § 1; 2017, ch. 400, §§ 3, 4, 15, 16; 2020, ch. 687, § 1.

Amendments. The 2020 amendment rewrote (d), which read: “The trustees shall set the investment policy for the trust in accordance with the laws, guidelines and policies that govern investments by the Tennessee consolidated retirement system. The state treasurer shall be responsible for investment of trust funds in accordance with the policy established by the trustees.”

Effective Dates. Acts 2020, ch. 687, § 2. June 11, 2020.

Attorney General Opinions. Neither the State Treasurer, the Board of Trustees of the Chairs of Excellence Endowment Fund nor the Tennessee Higher Education Commission may spend Endowment corpus or income on scholarships, and there is no statutory authority setting out conditions under which they could approve a donor's request to withdraw his contribution or to alter its intended use, OAG 04-150, 2004 Tenn. AG LEXIS 161 (10/01/04).

49-7-502. Chairs of excellence program.

  1. The chairs of excellence program is created.
  2. 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.
    1. It is the intent of the general assembly that all eligible institutions will receive at least one (1) chair of excellence.
    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.
  3. In order for a chair to be established, the following criteria must be satisfied:
    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. 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. The institution must submit a proposal regarding the chair to the appropriate governing body; and
    4. The appropriate governing body must designate the chair.
  4. 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).
  5. The education committee of the senate and the education 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 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. Estimate the annual funding required, by source, to support operation of the chair;
    2. Describe the general qualifications of individuals that the institution intends to recruit to fill the chair;
    3. Comment on how establishment of the chair will assist the institution in achieving that institution's mission; and
    4. Comment on the impact the establishment of the chair will have on any other institutional programs.
  6. As chairs are filled, each governing board shall submit a report to the education committee of the senate and the education committee of the house of representatives that includes the appointees’ general background, experience and qualifications.
  7. The commission shall submit an annual report to the education committee of the senate and the education 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.

Acts 1985, ch. 119, § 1; 1989, ch. 306, § 1; 2011, ch. 410, § 4(bb), (cc); 2012, ch. 925, §§ 7, 13; 2015, ch. 182, §§ 68-70; 2017, ch. 400, §§ 17, 18; 2019, ch. 345, § 115.

Compiler's Notes. For the Preamble to the act concerning the prohibition against establishment of a special committee if there is a standing committee on the same subject, please refer to Acts 2011, ch. 410.

49-7-503. Modification of the purpose for which chair established.

  1. 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.
  2. In order for the purpose of a chair to be modified, the following criteria must be satisfied:
    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. 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. 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. The intended purpose for the redesignated use of income from the chair;
      3. If possible, a statement from the donor of private funds shall be included that indicates support or opposition to the proposed change;
      4. The institution's observations on how the proposed change will assist the institution in achieving that institution's mission; and
      5. Any other information as the appropriate governing board may direct; and
    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.
  3. 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 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. Estimate the annual funding required, by source, to support operation of the chair or scholarship program;
    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. Comment on how establishment of the chair or scholarship program will assist the institution in achieving that institution's mission; and
    4. Comment on the impact the establishment of the chair or scholarship program will have on any other institutional programs.
  4. 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.
  5. 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.

Acts 2006, ch. 990, § 1; 2015, ch. 182, § 71; 2017, ch. 400, § 19; 2019, ch. 345, § 116.

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.”

Acts 1987, ch. 129, § 1.

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.

Acts 1987, ch. 129, § 2.

49-7-603. Trust corporation — Formation.

    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. 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. 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. 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.
  1. 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. 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. Accept gifts of land for the benefit of the trust;
    3. Enter into contracts, trust agreements and other fiduciary instruments;
    4. Adopt, use and display a corporate seal;
    5. Adopt and amend bylaws, rules and regulations for carrying out the purpose of this part;
    6. Manage and invest money and other property for the benefit of the trust;
    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. 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.
  2. 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.
  3. 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.

Acts 1987, ch. 129, § 3.

49-7-604. Trust corporation — Board of directors.

  1. 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.
  2. 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.
  3. 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.

Acts 1987, ch. 129, § 4.

49-7-605. Charitable trust — Disposition of funds.

  1. 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.
  2. 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.

Acts 1987, ch. 129, § 5.

49-7-606. Contributions and gifts to fund.

  1. 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.
  2. 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.

Acts 1987, ch. 129, § 6.

Part 7
Promotion of Leadership in Agricultural and Home Economic Programs

49-7-701. Special endowment trust fund — Contributions — Interest — Disposition of funds.

  1. 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.
  2. 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.
  3. 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).
  4. 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.

Acts 1987, ch. 184, § 1.

Compiler's Notes. Former § 49-7-702, referred to in this section, was repealed by Acts 2001, ch. 433, § 4, effective July 1, 2001.

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.”

Acts 1995, ch. 388, § 1; 1996, ch. 991, § 1; 2017, ch. 400, § 5.

Compiler's Notes. Former title 49, chapter 7, part 8, §§ 49-7-80149-7-813 (Acts 1987, ch. 281, §§ 1-13), concerning the baccalaureate education system trust, was repealed by Acts 1989, ch. 190, § 1.

Acts 1996, ch. 991, § 5 provided that no funds shall be received or tuition contracts entered into pursuant to this part until such time as the board shall determine.

49-7-802. Part definitions.

As used in this part, unless the context otherwise requires:

  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. “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. “Board” means the board of trustees of the college savings trust fund program described in this part;
  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. “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. “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. “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. “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. “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. “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. “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. “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. “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. “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. “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. “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. “Trust fund” means the educational investment trust fund or the educational services trust fund established pursuant to § 49-7-812;
  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. “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. “Tuition unit” means a unit of the educational services plan purchased under § 49-7-807 on behalf of a beneficiary; and
  21. “Weighted average tuition” means the tuition cost resulting from the following calculation:
    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. 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.

Acts 1995, ch. 388, § 1; T.C.A., § 49-7-804; Acts 1996, ch. 991, § 1; 1997, ch. 163, § 1; 1998, ch. 644, §§ 1-3; 1999, ch. 233, §§ 1-6; 2001, ch. 203, §§ 1-5; 2014, ch. 910, §§ 1-6; 2017, ch. 400, §§ 6, 7.

Compiler's Notes. Former § 49-7-802 (Acts 1995, ch. 388, § 1), concerning findings of the general assembly, was repealed by Acts 1996, ch. 991, § 1, and former § 49-7-804 was transferred to this location and rewritten by that act.

Acts 1999, ch. 233, § 45, provided that no funds shall be received or tuition contracts entered into relative to the educational savings plan until such time as the board of the baccalaureate education system trust fund program shall determine.

The Internal Revenue Code, referred to in this section, is compiled in title 26 U.S.C.

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).

Acts 1995, ch. 388, § 1; 1996, ch. 991, § 1; 1999, ch. 233, § 7; 2014, ch. 910, § 7.

Compiler's Notes. Acts 1996, ch. 991, § 5 provided that no funds shall be received or tuition contracts entered into pursuant to this part until such time as the board shall determine.

Acts 1999, ch. 233, § 45, provided that no funds shall be received or tuition contracts entered into relative to the educational savings plan until such time as the board of the baccalaureate education system trust fund program shall determine.

Law Reviews.

The Future of Affirmative Action in Tennessee (M. Jill Austin and Lara Womack), 35 No. 7 Tenn. B.J. 12 (1999).

49-7-804. Board of trustees — Creation — Members.

  1. There is created a board of trustees of the program composed of the following nine (9) members:
    1. The state treasurer;
    2. The comptroller of the treasury;
    3. The commissioner of finance and administration;
    4. The secretary of state;
    5. The chancellor of the state board of regents;
    6. The president of the University of Tennessee system;
    7. The executive director of the Tennessee higher education commission;
    8. The president of the Tennessee Independent Colleges and Universities Association; and
      1. The president of one (1) of the following state universities:
        1. Austin Peay State University;
        2. East Tennessee State University;
        3. Middle Tennessee State University;
        4. Tennessee State University;
        5. Tennessee Technological University; or
        6. The University of Memphis.
      2. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. The board is attached to the department of the treasury, as a division of the department of the treasury, for all administrative purposes.
  7. 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.

Acts 1995, ch. 388, § 1; T.C.A., § 49-7-805; Acts 1996, ch. 991, § 1; 1997, ch. 163, §§ 2, 7; 1999, ch. 233, §§ 8, 9, 38, 39, 41, 42; 2014, ch. 910, § 8; 2017, ch. 400, § 8.

Compiler's Notes. The board of trustees of the college savings trust fund program, created by this section, terminates June 30, 2023. See §§ 4-29-112, 4-29-244.

Former § 49-7-804, concerning definitions, was transferred to § 49-7-802 in 1996.

Acts 1996, ch. 991, § 5 provided that no funds shall be received or tuition contracts entered into pursuant to this part until such time as the board shall determine.

Acts 1999, ch. 233, §§ 38 and 39, effective May 26, 1999, made identical changes to those made by Acts 1999, ch. 233, §§ 41 and 42.

Cross-References. Confidentiality of public records, § 10-7-504.

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. 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;
  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. Make, execute and deliver contracts, conveyances and other instruments necessary to the exercise and discharge of the powers and duties of the board;
  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. 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. Promote, advertise and publicize the program;
  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. 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. Impose reasonable limits on the number of contract participants in the educational services program at any given period of time;
  10. Impose and collect application fees and other administrative fees and charges in connection with any transaction under this part;
  11. Impose limits on the number of tuition units that may be purchased on behalf of any beneficiary under the educational services plan;
  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. Impose restrictions on the substitution of another individual for the original beneficiary;
  14. Define the terms and conditions under which payments may be withdrawn from the program and impose reasonable charges for withdrawal;
  15. Impose reasonable time limits on the use of the tuition benefits provided by the program;
  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;
  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. 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.

Acts 1996, ch. 991, § 1; 1998, ch. 644, § 4; 1999, ch. 233, §§ 10-13; 2007, ch. 21, § 1; 2010, ch. 884, § 1; 2013, ch. 389, § 2; 2014, ch. 910, §§ 9-15.

Compiler's Notes. Former § 12-4-109, referred to in this section, was recodified by Acts 2013, ch, 403, effective July 1, 2013. Provisions similar to former § 12-4-109 were transferred to other sections within title 12, ch. 3, parts 1 and 3.

Former § 49-7-805, concerning the membership of the board, reimbursement for expenses, and a quorum, was transferred to § 49-7-804 in 1996.

Acts 1996, ch. 991, § 5 provided that no funds shall be received or tuition contracts entered into pursuant to this part until such time as the board shall determine.

Law Reviews.

The Future of Affirmative Action in Tennessee (M. Jill Austin and Lara Womack), 35 No. 7 Tenn. B.J. 12 (1999).

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.

Acts 1996, ch. 991, § 1; 1999, ch. 233, § 14.

Compiler's Notes. Acts 1996, ch. 991, § 5 provided that no funds shall be received or tuition contracts entered into pursuant to this part until such time as the board shall determine.

49-7-807. Educational services plan tuition contract.

  1. 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. “Weighted average tuition” means the tuition cost resulting from the following calculation:
    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. 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.
  3. 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.

Acts 1996, ch. 991, § 1; 1998, ch. 644, §§ 5, 6; 1999, ch. 233, § 15.

Compiler's Notes. Acts 1996, ch. 991, § 5 provided that no funds shall be received or tuition contracts entered into pursuant to this part until such time as the board shall determine.

49-7-808. Educational investment plan.

  1. 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. 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.
  3. 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.
  4. 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.

Acts 1999, ch. 233, § 37; 2013, ch. 359, § 2; 2014, ch. 910, § 16; 2018, ch. 780, § 1.

Compiler's Notes. Former § 49-7-808, concerning promise or guarantee of admission, was transferred to § 49-7-810 in 1999.

49-7-809. Tuition contract terms, limitations and disclosures.

  1. The following information shall be disclosed in writing to each purchaser of a tuition contract:
    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. 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. The name of the refund recipient;
    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. The method by which tuition benefits under the program shall be applied toward payment of tuition and other educational costs;
    6. The period of time during which the beneficiary must claim benefits through the program;
    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. 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. 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. Other terms, conditions and provisions the board considers, in its sole discretion, to be necessary or appropriate.
  2. 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.

Acts 1999, ch. 233, § 37; 2001, ch. 203, § 6; 2002, ch. 547, § 1.

Compiler's Notes. Former § 49-7-809, concerning contract termination or refund, was transferred to § 49-7-811 in 1999.

The Internal Revenue Code, referred to in this section, is compiled in title 26 U.S.C.

49-7-810. No promise or guarantee of admission, attendance or graduation — Costs covered.

  1. 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. Be admitted to an institution of higher education or to a particular institution of higher education;
    2. Be allowed to continue to attend an institution of higher education after having been admitted; or
    3. Graduate from an institution of higher education.
  2. 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.

Acts 1996, ch. 991, § 1; T.C.A., § 49-7-808; Acts 1999, ch. 233, § 16; 2014, ch. 910, § 17.

Compiler's Notes. Former § 49-7-810, concerning creation of the Tennessee baccalaureate education system trust fund, was transferred to § 49-7-812 in 1999.

49-7-811. Contract termination or refund.

    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. The death or permanent disability of the beneficiary;
      2. The beneficiary is eighteen (18) years of age or older and has decided not to attend an institution of higher education;
      3. 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. The beneficiary has completed the bachelor's degree requirements at an institution of higher education.
    2. A tuition contract may also be terminated upon the occurrence of other circumstances determined by the board to be grounds for termination.
  1. The board shall determine the amount of the refund to which the refund recipient is entitled upon a contract termination.
  2. The board shall further determine the method and schedule for payment of refunds upon termination of a tuition contract.
  3. 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. 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. 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;
    1. Retain the tuition benefits in the beneficiary's account for later use;
    2. 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
    3. Transfer the tuition benefits to a new beneficiary pursuant to rules or regulations promulgated by the board pursuant to § 49-7-805(16).
  4. 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).
  5. 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.
  6. 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.
  7. 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.

Acts 1996, ch. 991, § 1; 1997, ch. 163, §§ 3, 4; 1998, ch. 644, §§ 7, 8; T.C.A., § 49-7-809; Acts 1999, ch. 233, §§ 17-20; 2001, ch. 203, §§ 7-13; 2002, ch. 547, §§ 2-4; 2014, ch. 910, § 18.

Compiler's Notes. Former § 49-7-811, concerning custodian of fund and disbursements, was transferred to § 49-7-813 in 1999.

49-7-812. Creation of the Tennessee college savings trust funds.

  1. 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. The educational investment trust fund shall consist solely of:
      1. 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. All interest and investment income earned by such fund;
      3. 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. All other receipts of the board from any other source that the board determines appropriate;
    2. The educational services trust fund shall consist solely of:
      1. 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. All interest and investment income earned by the fund;
      3. 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. All other receipts of the board from any other source that the board determines appropriate.
  2. 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.
  3. 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. Make payments to, or on behalf of, beneficiaries pursuant to §§ 49-7-807(a) and 49-7-808(a);
    2. Make refunds as provided in § 49-7-811; and
    3. Pay the investment fees and other costs of administering the funds.
  4. 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.
  5. 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.

Acts 1996, ch. 991, § 1; 1998, ch. 644, § 9; T.C.A., § 49-7-810; Acts 1999, ch. 233, § 21; 2014, ch. 910, § 19; 2017, ch. 400, § 9.

Compiler's Notes. Acts 1996, ch. 991, § 5 provided that no funds shall be received or tuition contracts entered into pursuant to this part until such time as the board shall determine.

Former § 49-7-812, concerning investments, was transferred to § 49-7-814 in 1999.

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.

Acts 1996, ch. 991, § 1; T.C.A., § 49-7-811; Acts 1999, ch. 233, § 22; 2014, ch. 910, § 20.

Compiler's Notes. Former § 49-7-813, concerning powers of fund trustees, was transferred to § 49-7-815 in 1999.

49-7-814. Investments.

  1. 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.
  2. 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.

Acts 1996, ch. 991, § 1; T.C.A., § 49-7-812; Acts 1999, ch. 233, §§ 23, 24; 2014, ch. 910, § 21.

Compiler's Notes. Former § 49-7-814, concerning transaction of business, was transferred to § 49-7-816 in 1999.

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.

Acts 1996, ch. 991, § 1; T.C.A., § 49-7-813; Acts 1999, ch. 233, §§ 25, 26.

Compiler's Notes. Former § 49-7-815, concerning prohibition against personal interest in investments, was transferred to § 49-7-817 in 1999.

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. In the name of the board;
  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. 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.

Acts 1996, ch. 991, § 1; T.C.A., § 49-7-814.

Compiler's Notes. Former § 49-7-816, concerning delegation to state treasurer of implementation of policy, was transferred to § 49-7-818 in 1999.

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.

Acts 1996, ch. 991, § 1; T.C.A., § 49-7-815.

Compiler's Notes. Former § 49-7-817, concerning authorization to contract for investment management services, was transferred to § 49-7-819 in 1999.

49-7-818. Delegation to state treasurer for implementation of policies.

  1. 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.
  2. Subject to the delegation of the board, the state treasurer shall have full power to invest and reinvest the assets of the trust funds.

Acts 1996, ch. 991, § 1; T.C.A. § 49-7-816; Acts 1999, ch. 233, §§ 27, 28.

Compiler's Notes. Acts 1996, ch. 991, § 5 provided that no funds shall be received or tuition contracts entered into pursuant to this part until such time as the board shall determine.

Former § 49-7-818, concerning actuarial soundness of fund, was transferred to § 49-7-820 in 1999.

49-7-819. Authorization to contract for investment management services.

  1. 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.
  2. 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.

Acts 1996, ch. 991, § 1; T.C.A., § 49-7-817; Acts 1999, ch. 233, §§ 29, 30.

Compiler's Notes. Former § 49-7-819, concerning cooperation from other state agencies, was transferred to § 49-7-821 in 1999.

49-7-820. Actuarial soundness of funds.

  1. 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.
  2. 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.
  3. 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.
  4. 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.

Acts 1996, ch. 991, § 1; T.C.A., § 49-7-818; Acts 1999, ch. 233, §§ 31, 32; 2014, ch. 910, § 22.

Compiler's Notes. Former § 49-7-820, concerning exemption of assets and benefits from taxation, execution, garnishment and assignment, was transferred to § 49-7-822 in 1999.

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.

Acts 1996, ch. 991, § 1; T.C.A., § 49-7-819.

Compiler's Notes. Former § 49-7-821, concerning termination or modification of the program, was transferred to § 49-7-823 in 1999.

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.

Acts 1996, ch. 991, § 1; T.C.A., § 49-7-820; Acts 1999, ch. 233, § 33; 2004, ch. 712, § 1; 2014, ch. 910, § 23.

Compiler's Notes. Former § 49-7-822, concerning effect of termination of program on contract, was transferred to § 49-7-824 in 1999.

Acts 2004, ch. 712, § 2 provided that the act shall apply to all such plans, funds, contracts or accounts in existence on May 18, 2004, or that are established after May 18, 2004.

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.

Acts 1999, ch. 233, § 34; 2014, ch. 910, § 24.

Compiler's Notes. Former § 49-7-823 (Acts 1996, ch. 991, § 1), concerning ruling requests, was repealed by Acts 1997, ch. 163, § 5.

49-7-824. Effect of termination of plan on contract.

  1. 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.
  2. 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. Has been accepted by or is enrolled in an institution of higher education; or
    2. Is projected to graduate from high school no later than the third anniversary of the date the plan is terminated.
  3. Any assets remaining after all obligations of this section and the costs of administering the plan have been satisfied shall be transferred to the state general fund.

Acts 1996, ch. 991, § 1; T.C.A., § 49-7-822; Acts 1999, ch. 233, § 35; 2007, ch. 21, § 2.

Compiler's Notes. Former § 49-7-824, concerning disclosure of personal information, was transferred to § 49-7-825 in 1999.

The Internal Revenue Code, referred to in this section, is compiled in 26 U.S.C.

49-7-825. Disclosure of personal information.

  1. 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.
  2. The board and any officer or employee of the board may release information described in subsection (a) under the following circumstances:
    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. To the extent that the beneficiary, purchaser or their respective legal representative consents to disclosure;
    3. In compliance with a subpoena or a court order;
    4. To the comptroller of the treasury or the comptroller's designees for the purpose of an audit of the board;
    5. To the internal revenue service for the purpose of filing reports of distributions made under the program; or
    6. In any administrative proceeding or court action between the purchaser, beneficiary or their respective legal representative and the board.
  3. 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.

Acts 1997, ch. 163, § 6; T.C.A., § 49-7-824; Acts 1999, ch. 233, § 36; 2014, ch. 910, § 25.

Cross-References. Confidentiality of records, § 10-7-504.

49-7-826. Scholarship programs.

  1. 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.
  2. 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.
  3. 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.
  4. 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.

Acts 1999, ch. 233, §§ 40, 43; 2014, ch. 910, § 26.

Compiler's Notes. Acts 1999, ch. 233, § 40, effective May 26, 1999, made identical changes to those made by Acts 1999, ch. 233, § 43.

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.”

Acts 1989, ch. 190, § 2.

Cross-References. Education financing, title 49, ch. 3.

Financial aid, title 49, ch. 4.

49-7-902. Legislative findings.

The general assembly finds and declares that:

  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. It is a responsibility of state government to maintain institutions of higher education;
  3. It is an essential function of state government to encourage attendance at institutions of higher education;
  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. It is in the best interest of the people of this state to foster higher education in order to provide well-educated citizens;
  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. Providing assistance in the higher education of the citizens of this state is necessary and desirable for the public health, safety and welfare.

Acts 1989, ch. 190, § 3.

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. Encourage education and the means of education;
  2. Encourage attendance at institutions of higher education;
  3. Provide students and their parents financing assistance for postsecondary education;
  4. Help provide the benefits of higher education to the people of this state; and
  5. Encourage elementary and secondary students in this state to achieve high standards of performance.

Acts 1989, ch. 190, § 4.

49-7-904. College savings bonds — Authorized — Taxation.

  1. 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.
  2. 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.

Acts 1989, ch. 190, § 5.

49-7-905. College savings bonds — Discount — Maturity — Sale.

  1. 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.
  2. 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.
  3. 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.
  4. 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.

Acts 1989, ch. 190, § 6.

49-7-906. College savings bonds — Plan of implementation.

  1. 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. Advertising to inform the public about the availability of college savings bonds;
    2. Marketing and financing of the issue and sale; and
    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.
  2. 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.

Acts 1989, ch. 190, § 7.

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.

Acts 1989, ch. 190, § 8.

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.

Acts 2014, ch. 538, § 1.

Compiler's Notes. Former part 10, §§ 49-7-100149-7-1007 (Acts 1976, ch. 747, §§ 2-10; 1978, ch. 654, § 1; T.C.A., §§ 49-5301 — 49-5309), concerning cooperative education, was repealed by Acts 1984, ch. 519, § 1.

49-7-1002. Review of state legislative funding requests for public higher education.

  1. 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.
  2. 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.
  3. 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.
  4. 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.

Acts 2014, ch. 538, § 1; 2016, ch. 869, § 30.

Compiler's Notes. Former part 10, §§ 49-7-100149-7-1007 (Acts 1976, ch. 747, §§ 2-10; 1978, ch. 654, § 1; T.C.A., §§ 49-5301 — 49-5309), concerning cooperative education, was repealed by Acts 1984, ch. 519, § 1.

Acts 2016, ch. 869, § 33 provided that the state university boards are authorized to promulgate rules to effectuate the purposes of this act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Attorney General Opinions. Adoption of policy pursuant to T.C.A. § 49-7-1002 by the Tennessee Board of Regents (TBR) would not violate T.C.A. § 8-50-602, but may be susceptible to challenge under the First Amendment to the United States Constitution.  OAG 15-19, 2015 Tenn. AG LEXIS 19 (3/13/15).

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.

Acts 2014, ch. 538, § 1; 2018, ch. 602, § 18.

Compiler's Notes. Former part 10, §§ 49-7-100149-7-1007 (Acts 1976, ch. 747, §§ 2-10; 1978, ch. 654, § 1; T.C.A., §§ 49-5301 — 49-5309), concerning cooperative education, was repealed by Acts 1984, ch. 519, § 1.

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.”

Acts 2005, ch. 313, § 2.

49-7-1102. Part definitions.

As used in this part, unless the context otherwise requires:

  1. “Institution of higher education” means any four-year college or university, whether public or private, located in this state;
  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. “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.

Acts 2005, ch. 313, § 3.

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.

Acts 2005, ch. 313, § 4.

Cross-References. Confidentiality of public records, § 10-7-504.

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.

Acts 2005, ch. 313, § 5.

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.

Acts 2018, ch. 894, § 2.

Compiler's Notes. Acts 2018, ch. 894, § 1 provided that the act, which enacted this section, shall be known and may be cited as the “Transparency in Higher Education Act.”

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.

Acts 2013, ch. 338, § 2.

Compiler's Notes. Acts 2013, ch. 338, § 14 provided that nothing in the act, which enacted this part, shall be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to the act unless such funds are specifically appropriated by the general appropriations act.

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.

Acts 2013, ch. 338, § 3; 2019, ch. 468, § 1.

Compiler's Notes. Acts 2013, ch. 338, § 14 provided that nothing in the act, which enacted this part, shall be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to the act unless such funds are specifically appropriated by the general appropriations act.

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. Creating a LEAP at community colleges and colleges of applied technology in this state with students having the opportunity to participate;
  2. Planning and partnership with business, labor, education, government, community-based organizations, employers, and students;
  3. Providing training in regions identified in the report submitted by the department of economic and community development as workforce needs pursuant to §  49-7-1209;
  4. Career preparation and guidance incorporated in the curriculum and materials;
  5. Job placement and job retention support services;
  6. Applied learning experiences, including prior learning assessments;
  7. Integration of basic skills and work-readiness training with occupational skills training;
  8. Performance assessment of the programs created under this initiative;
  9. Actual or simulated learning at the worksite;
  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. Advanced manufacturing;
    2. Electronics;
    3. Information technology;
    4. Infrastructure engineering; and
    5. Transportation and logistics.

Acts 2013, ch. 338, § 4.

Compiler's Notes. Acts 2013, ch. 338, § 14 provided that nothing in the act, which enacted this part, shall be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to the act unless such funds are specifically appropriated by the general appropriations act.

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.

Acts 2013, ch. 338, § 5.

Compiler's Notes. Acts 2013, ch. 338, § 14 provided that nothing in the act, which enacted this part, shall be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to the act unless such funds are specifically appropriated by the general appropriations act.

49-7-1205. Curriculum and materials.

  1. As used in this part, “work-based learning” or “WBL” means a credit-bearing experience in a secondary or postsecondary curriculum which:
    1. Includes, but is not limited to, job shadowing, internships, clinicals, practicums, apprenticeships, co-ops, and industry-led service learning projects;
    2. Is incorporated into coursework or related to a specific field of study;
    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. May or may not include wages, salary, or other compensation to the student.
  2. 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.

Acts 2013, ch. 338, § 6; 2017, ch. 283, § 1.

Compiler's Notes. Acts 2013, ch. 338, § 14 provided that nothing in the act, which enacted this part, shall be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to the act unless such funds are specifically appropriated by the general appropriations act.

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.

Acts 2013, ch. 338, § 7; 2019, ch. 468, § 2.

Compiler's Notes. Acts 2013, ch. 338, § 14 provided that nothing in the act, which enacted this part, shall be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to the act unless such funds are specifically appropriated by the general appropriations act.

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. Acquire and demonstrate competency in basic skills, including English and math;
  2. Acquire and demonstrate competency in a specified technical field; and
  3. Any other goals identified by the departments and the higher education commission, made in consultation and agreement with the board of regents.

Acts 2013, ch. 338, § 8.

Compiler's Notes. Acts 2013, ch. 338, § 14 provided that nothing in the act, which enacted this part, shall be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to the act unless such funds are specifically appropriated by the general appropriations act.

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.

Acts 2013, ch. 338, § 9; 2019, ch. 468, § 3.

Compiler's Notes. Acts 2013, ch. 338, § 14 provided that nothing in the act, which enacted this part, shall be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to the act unless such funds are specifically appropriated by the general appropriations act.

49-7-1209. Annual report by department of economic and community development to the higher education commission and the department of labor and workforce development on workforce needs.

On or before November 1, 2013, and on or before November 1 of each subsequent year, the department of economic and community development shall submit a report to the higher education commission and the department of labor and workforce development on any workforce needs within existing and prospective businesses or industries in this state, including any areas of specialization within a vocation, identified by the department to be necessary to attract, develop, and retain high-skill or high-technology businesses and industries in this state.

Acts 2013, ch. 338, §  10.

Compiler's Notes. Acts 2013, ch. 338, § 14 provided that nothing in the act, which enacted this part, shall be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to the act unless such funds are specifically appropriated by the general appropriations act.

49-7-1210. Reports by the higher education commission.

On or before January 15 of each year, the Tennessee higher education commission shall submit a report to the education committee of the senate and the education committee of the house of representatives detailing, for each LEAP established in this state, the academic credit attainment of participants and an overview of each program. The commission shall post the report on the commission's website.

Acts 2013, ch. 338, § 11; 2015, ch. 182, § 72; 2019, ch. 468, § 4.

Compiler's Notes. Acts 2013, ch. 338, § 14 provided that nothing in the act, which enacted this part, shall be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to the act unless such funds are specifically appropriated by the general appropriations act.

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.

Acts 2013, ch. 338, § 12.

Compiler's Notes. Acts 2013, ch. 338, § 14 provided that nothing in the act, which enacted this part, shall be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to the act unless such funds are specifically appropriated by the general appropriations act.

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.

Acts 2013, ch. 338, § 13.

Compiler's Notes. Acts 2013, ch. 338, § 14 provided that nothing in the act, which enacted this part, shall be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to the act unless such funds are specifically appropriated by the general appropriations act.

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.”

Acts 2014, ch. 612, § 2.

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.

Acts 2014, ch. 612, § 3; 2016, ch. 657, §§ 1, 2.

49-7-1303. Part definitions.

As used in this part:

  1. “THEC” means the Tennessee higher education commission;
  2. “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
  3. “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.

Acts 2014, ch. 612, § 4; 2016, ch. 657, § 3.

49-7-1304. Veterans exempt from payment of out-of-state tuition or fees under certain conditions.

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. Enrolled in any public institution of higher education in this state;
  2. Utilizing such benefits at the enrolling institution; and
  3. Living in the state of Tennessee, regardless of the individual's formal state of residency.

Acts 2014, ch. 612, § 5; 2015, ch. 219, § 1; 2017, ch. 31, § 3.

Compiler's Notes.  Acts 2014, ch. 612, § 11, provided that §§ 5 and 6 of the act, which enacted §§ 49-7-1304 and 49-7-1305, shall apply to veterans enrolled in public institutions of higher education beginning with the fall semester of the 2014-2015 academic year.

49-7-1305. [Reserved.]

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.

Acts 2014, ch. 612, § 7; 2016, ch. 657, § 4.

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. Conduct an annual campus survey of students who are veterans to identify the views, needs, issues and suggestions of veterans;
  2. Provide information to faculty and staff about military and veterans' culture, including combat-related mental or physical disabilities or other challenges;
  3. Administer orientation programs for students who are veterans;
  4. Facilitate mentoring and support programs for students who are veterans;
  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. 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. 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.

Acts 2014, ch. 612, § 8; 2016, ch. 657, § 5.

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. A link to the campus' website;
  2. Designated points of contact for academic and financial advising; and
  3. Veteran enrollment statistics.

Acts 2014, ch. 612, § 9.

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. The number of veterans enrolled at its campus;
  2. The programs of study in which veterans are enrolled;
  3. The completion of degrees or other credentials by veterans; and
  4. A current list of course equivalencies for military education, training, and experience.

Acts 2014, ch. 612, § 10; 2017, ch. 31, § 1.

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.

  1. 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.
    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. 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.
  2. In developing course equivalencies and awarding academic credits, state institutions shall:
    1. Consider skills developed in all aspects of military education, training, and experience, beyond the physical fitness or activity components;
    2. Provide progress reports to the commission, upon request, as course equivalencies are developed and implemented; and
    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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.

Acts 2015, ch. 219, § 3; 2017, ch. 31, § 2; 2019, ch. 345, § 117.

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.

Acts 2015, ch. 324, § 1.

Code Commission Notes.

Acts 2015, ch. 324, § 1 enacted this part as a single section, § 49-7-3101,  comprised of subsections (a)-(l ). By authority of the Code Commission, the part has been designated as part 14 of chapter 7 of this title and the subsections have been codified as separate sections.  Subsection (a) was codified as this section.

49-7-1402. Request to participate in pool — Discontinuation of participation.

  1. 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.
  2. 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.

Acts 2015, ch. 324, § 1.

Code Commission Notes.

Acts 2015, ch. 324, § 1 enacted this part as a single section, § 49-7-3101,  comprised of subsections (a)-(l ). By authority of the Code Commission, the part has been designated as part 14 of chapter 7 of this title and the subsections have been codified as separate sections.  Subsections (b) and (c) were codified as subsections (a) and (b) of this section.

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.

Acts 2015, ch. 324, § 1.

Code Commission Notes.

Acts 2015, ch. 324, § 1 enacted this part as a single section, § 49-7-3101,  comprised of subsections (a)-(l ). By authority of the Code Commission, the part has been designated as part 14 of chapter 7 of this title and the subsections have been codified as separate sections.  Subsection (d) was codified as this section.

49-7-1404. Investment and management of funds.

  1. 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.
  2. All investments purchased belong jointly to the participants in the investment pool and the participants shall share capital gains, income, and losses pro rata.
  3. 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.
  4. 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.
  5. The state treasurer shall report periodically to every participant having a beneficial interest in the investment pool.
  6. 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.

Acts 2015, ch. 324, § 1.

Code Commission Notes.

Acts 2015, ch. 324, § 1 enacted this part as a single section, § 49-7-3101,  comprised of subsections (a)-(l ). By authority of the Code Commission, the part has been designated as part 14 of chapter 7 of this title and the subsections have been codified as separate sections.  Subsections (e)-(j) were codified as (a)-(f) of this section.

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.

Acts 2015, ch. 324, § 1.

Code Commission Notes.

Acts 2015, ch. 324, § 1 enacted this part as a single section, § 49-7-3101,  comprised of subsections (a)-(l ). By authority of the Code Commission, the part has been designated as part 14 of chapter 7 of this title and the subsections have been codified as separate sections.  Subsection (k) was codified as this section.

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.

Acts 2015, ch. 324, § 1.

Code Commission Notes.

Acts 2015, ch. 324, § 1 enacted this part as a single section, § 49-7-3101,  comprised of subsections (a)-(l ). By authority of the Code Commission, the part has been designated as part 14 of chapter 7 of this title and the subsections have been codified as separate sections.  Subsection (l ) was codified as this section.

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.”

Acts 2015, ch. 444, § 2.

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.

Acts 2015, ch. 444, § 3.

49-7-1503. Part definitions.

As used in this part:

  1. “Commission” means the Tennessee higher education commission;
  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. “Institution” means an accredited postsecondary degree-granting school, college, university, or other organization;
  4. “Member state” means a United States state, territory, or district currently approved to participate in the state authorization reciprocity agreement;
  5. “NC-SARA” means the National Council for State Authorization Reciprocity Agreements;
  6. “Non-Tennessee SARA institution” means an institution approved by a member state other than Tennessee for participation in SARA;
  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. “SREB” means the Southern Regional Education Board;
  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. “Tennessee SARA institution” means an institution approved by the commission for participation in SARA.

Acts 2015, ch. 444, § 4.

49-7-1504. Authority of commission.

The commission is authorized to:

  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. Serve as the portal agency for SARA;
  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. Provide appropriate staff support as necessary to facilitate institution application, approval, and reporting in accordance with NC-SARA and SREB guidelines and policies;
  5. Provide appropriate staff support as necessary to facilitate complaint determination and resolution under §  49-7-1506;
  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. 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.

Acts 2015, ch. 444, § 5.

49-7-1505. Collection of annual fees.

  1. 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. 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. 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.
  2. 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.
  3. 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.
  4. Any reports generated in compliance with NC-SARA shall be similarly submitted to participating Tennessee SARA institutions for informational purposes.

Acts 2015, ch. 444, § 6; 2016, ch. 868, § 15.

49-7-1506. Complaint investigation and resolution.

  1. As applicable to Tennessee SARA institutions, the commission's complaint investigation and resolution under this part shall be limited to complaints:
    1. Filed by a student residing in a member state other than Tennessee;
    2. Where the complaint involves a distance education course or program offered by a Tennessee SARA institution;
    3. Where the student has exhausted the Tennessee SARA institution's grievance process; and
    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.
  2. 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.
  3. The commission shall initially consult with the Tennessee SARA institution indicated in the complaint.
    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. 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. 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. 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. 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.
  4. 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.
  5. 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.

Acts 2015, ch. 444, § 7; 2017, ch. 235, § 1.

49-7-1507. Approval as SARA institution — Revocation or withdrawal of approval — Forfeiture of fees.

  1. Institutions in Tennessee that offer distance education may apply to the commission for approval to participate in SARA as a Tennessee SARA institution.
  2. 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.
  3. 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.
  4. 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.

Acts 2015, ch. 444, § 8.

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”.

Acts 2018, ch. 614, § 1; 2020, ch. 744, § 1.

Amendments. The 2020 amendment substituted “and Tennessee Responsible Borrowing Initiative Act” for “and Accountability Act”.

Effective Dates. Acts 2020, ch. 744, § 3. June 22, 2020.

49-7-1602. Part definitions.

As used in this part:

  1. “Board” means the trustees of the University of Tennessee or a state university board, as applicable;
  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. “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. “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.

Acts 2018, ch. 614, § 1.

49-7-1603. Public notice of proposed tuition and mandatory fee increase.

  1. 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. An explanation for the proposed tuition and mandatory fee increase;
    2. A statement specifying the purposes for which revenue derived from the tuition and mandatory fee increase will be used; and
    3. A description of the efforts to mitigate the effect of the tuition and mandatory fee increase on students.
    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. 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).

Acts 2018, ch. 614, § 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.

Acts 2018, ch. 614, § 1.

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.

Acts 2018, ch. 614, § 1.

49-7-1606. Federal college financing plan.

  1. 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. The total cost of attendance;
    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. 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. 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. Information and resources available to the student relative to financial aid planning and loan repayment calculations.
  2. When a student is finalizing acceptance of a financial aid package, the institution shall clearly provide to the student:
    1. The estimated unmet financial need accompanied by the total amount per year of eligible student loans; and
    2. A statement on the importance of responsible student borrowing.

Acts 2020, ch. 744, § 2.

Effective Dates. Acts 2020, ch. 744, § 3. June 22, 2020.

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.

Acts 2018, ch. 980, § 8.

Compiler's Notes. Acts 2018, ch. 980, § 1 provided that the act, which enacted this part, shall be known and may be cited as the “Student Due Process Protection Act.”

Acts 2018, ch. 980, § 14  provided that  public institutions of higher education may implement this part by promulgating emergency rules pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2018, ch. 980, § 15 provided that the act, which enacted this part, shall apply to all contested cases that are requested on or after July 1, 2018.

49-7-1702. Part definitions.

As used in this part, unless the context requires otherwise:

  1. “Institution” means any public institution of higher education located within this state;
  2. “Notice” means written information sent to a student by the institution transmitted by:
    1. United States mail, courier service, or hand delivery to the permanent or local address the institution has on file for the student; or
    2. 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. “Sexual misconduct” means a violation of an institution's disciplinary policies concerning sexual assault, dating violence, domestic violence, or stalking; and
  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.

Acts 2018, ch. 980, § 9.

Compiler's Notes. Acts 2018, ch. 980, § 1 provided that the act, which enacted this part, shall be known and may be cited as the “Student Due Process Protection Act.”

Acts 2018, ch. 980, § 14  provided that  public institutions of higher education may implement this part by promulgating emergency rules pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2018, ch. 980, § 15 provided that the act, which enacted this part, shall apply to all contested cases that are requested on or after July 1, 2018.

49-7-1703. Notice required to be given student accused of sexual misconduct — Temporary suspension not prohibited.

  1. 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.
  2. 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. The time, place, and date of the student disciplinary proceeding;
    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. 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. 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.
  3. 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.
  4. 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.
  5. 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.

Acts 2018, ch. 980, § 10.

Compiler's Notes. Acts 2018, ch. 980, § 1 provided that the act, which enacted this part, shall be known and may be cited as the “Student Due Process Protection Act.”

Acts 2018, ch. 980, § 14  provided that  public institutions of higher education may implement this part by promulgating emergency rules pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2018, ch. 980, § 15 provided that the act, which enacted this part, shall apply to all contested cases that are requested on or after July 1, 2018.

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.

  1. 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.
  2. 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.
  3. 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.
  4. 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.

Acts 2018, ch. 980, § 11.

Compiler's Notes. Acts 2018, ch. 980, § 1 provided that the act, which enacted this part, shall be known and may be cited as the “Student Due Process Protection Act.”

Acts 2018, ch. 980, § 14  provided that  public institutions of higher education may implement this part by promulgating emergency rules pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2018, ch. 980, § 15 provided that the act, which enacted this part, shall apply to all contested cases that are requested on or after July 1, 2018.

Parts 18, 19
[Reserved]

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.”

Acts 1961, ch. 112, § 1; 1965, ch. 350, § 1; 1967, ch. 355, § 33; 1968, ch. 624, § 1; 1973, ch. 285, § 1; 1974, ch. 781, § 1; T.C.A., § 49-3901; Acts 2016, ch. 868, § 1.

Attorney General Opinions. Authority of Tennessee higher education commission to regulate flight training schools.  OAG 12-35, 2012 Tenn. AG LEXIS 35 (3/12/12).

NOTES TO DECISIONS

1. Constitutionality.

The Postsecondary Education Authorization Act does not regulate beliefs, practices or teachings of any institution, but merely sets forth minimum standards which must be met in order for institution to be authorized to issue degrees. State ex rel. McLemore v. Clarksville School of Theology, 636 S.W.2d 706, 1982 Tenn. LEXIS 426 (Tenn. 1982).

Awarding academic degrees is a secular activity; therefore, requirement that a theological school comply with the Postsecondary Education Authorization Act or cease granting degrees results from a legitimate state function and not from any state regulation of the school's religious functions. State ex rel. McLemore v. Clarksville School of Theology, 636 S.W.2d 706, 1982 Tenn. LEXIS 426 (Tenn. 1982).

49-7-2002. Legislative intent.

    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. The commission shall accomplish the provisions of this part by:
      1. 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. Establishing minimum standards concerning quality of education, ethical business practices, and fiscal responsibility, to protect against substandard, transient, unethical, deceptive, or fraudulent institutions and practices;
      3. Providing certain rights and remedies to the consuming public and the commission necessary to effectuate the purposes of this part;
      4. Prohibiting misleading literature, advertising, solicitation, or representation by educational institutions or their agents; and
      5. Providing formal authorization to institutions of higher education in good standing and operating lawfully in compliance with this part.
  1. The executive director of the Tennessee higher education commission is directed to reexamine this regulatory function of the higher education commission and its structure, considering specifically, efficiency, adequacy, and overall effectiveness. The executive director is also encouraged to review the current operations, scope of regulation, personnel, and agency resources necessary to effectuate the purposes of this part. Upon completion of this review, the executive director and the commission shall adopt new agency policies that reflect the results of the examination.

Acts 1961, ch. 112, § 2; 1965, ch. 350, § 2; 1967, ch. 355, § 34; 1974, ch. 781, § 2; T.C.A., § 49-3902; Acts 2016, ch. 868, § 2.

Attorney General Opinions. Authority of Tennessee higher education commission to regulate flight training schools.  OAG 12-35, 2012 Tenn. AG LEXIS 35 (3/12/12).

49-7-2003. Part definitions.

As used in this part, unless the context otherwise requires:

  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. “Agent's permit” means a nontransferable written authorization issued to a natural person by the commission that allows that person to solicit or enroll students for education in an authorized postsecondary educational institution;
  3. “Authorization to operate,” or like term, means approval of the commission to operate or to contract to operate a postsecondary educational institution in this state;
  4. “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;
  5. “College” means:
    1. A unit of a university offering specialized degrees; or
    2. A postsecondary educational institution offering courses of study leading to a degree;
  6. “Commission” means the Tennessee higher education commission;
  7. “Degree-granting postsecondary educational institution” includes institutions offering education or training above the high school level and where the institution awards degrees or similar credentials, such as associate, bachelors, masters, specialist or doctoral degrees;
  8. “Diploma mill” means a nontraditional, unaccredited postsecondary school that offers degrees for a relatively low flat fee, promotes the award of academic credits based on life experience and does not require any classroom instruction;
  9. “Education,” “educational services” or like term includes, but is not limited to, any class, course or program of training, instruction or study;
  10. “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;
  11. “Entity” includes, but is not limited to, any company, firm, society, association, partnership, corporation and trust;
  12. “Non-degree-granting postsecondary educational institution” includes all postsecondary educational institutions that do not meet the definition of a degree-granting postsecondary educational institution. Non-degree granting postsecondary institutions are frequently referred to as “career”, “vocational”, or “technical” schools. Non-degree granting postsecondary educational institutions are institutions offering programs designed primarily for job entry or upgrading of skills and usually measured in “clock” or “contact” hours. These programs typically prepare individuals for employment and do not require courses beyond those specific to the job or its field with program length sufficient to affect outcomes;
  13. “Optional expedited authorization” means the alternative optional authorization available under this part to accredited degree-granting institutions;
  14. “Postsecondary educational institution” includes, but is not limited to, an academic, vocational, technical, online/distance learning, business, professional or other school, college or university, or other organization or person, offering educational credentials, or offering instruction or educational services, primarily to persons who have completed or terminated their secondary education or who are beyond the age of compulsory high school attendance, for attainment of educational, professional or vocational objectives;
  15. “To grant” includes awarding, selling, conferring, bestowing or giving;
  16. “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;
  17. “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
  18. “Tuition guaranty fund” or “fund” means the tuition guaranty fund created by § 49-7-2018.

Acts 1961, ch. 112, § 3; 1965, ch. 350, § 3; 1967, ch. 355, § 35; 1968, ch. 624, § 2; 1974, ch. 781, § 3; 1983, ch. 398, §§ 1, 2; T.C.A., § 49-3903; Acts 1989, ch. 425, §§ 3, 6; 1998, ch. 695, §§ 1-4; 2006, ch. 766, §§ 1-3; 2014, ch. 831, § 1; 2016, ch. 868, §§ 12-14.

Compiler's Notes. Pursuant to Article III, Section 18 of the Constitution of Tennessee, Acts 2014, ch. 831 took effect on April 28, 2014.

Attorney General Opinions. Authority of Tennessee higher education commission to regulate flight training schools.  OAG 12-35, 2012 Tenn. AG LEXIS 35 (3/12/12).

49-7-2004. Exempt institutions.

  1. The following education and educational institutions are exempted from this part:
    1. Institutions exclusively offering instruction at any or all levels from preschool through the twelfth grade;
    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. Education solely avocational or recreational in nature, as determined by the commission, and institutions offering such education exclusively;
    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. 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. A postsecondary educational institution that:
      1. 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. The primary campus;
        2. Another location of the institution in the same state where the primary campus is domiciled; or
        3. 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. 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. 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. 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. Completes an information request form under subdivision (b)(3);
      1. 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. Any authorization to engage in postsecondary education issued by the board of cosmetology and barber examiners, or any predecessor board, shall be null and of no effect upon the granting of authorization by the commission or after June 30, 2016, whichever is earlier;
    7. Institutions operated solely as schools for the study of law and subject to the approval of the board of law examiners for this state;
    8. Educational programs conducted by state-licensed health care institutions;
    9. Educational instruction that:
      1. Does not lead to a degree;
      2. Is regulated by the federal aviation administration; and
      3. Is offered by a postsecondary educational institution that does not require students receiving the instruction to enter into written or oral contracts of indebtedness;
    10. A nonprofit, regionally accredited educational institution:
      1. Offering online, competency-based education to adult students;
      2. Led by a chief executive or chancellor domiciled in Tennessee; and
      3. With activities and operations limited to the scope of a memorandum of understanding executed with the state of Tennessee in 2013; and
    11. Education offered as intensive review courses designed solely to prepare students for graduate or professional school entrance examinations and professional licensure examinations. For the purposes of this subdivision (a)(12), “professional licensure examinations” includes, but is not limited to:
      1. Certified public accountancy tests;
      2. Examinations for insurance or securities licensure and registration;
      3. Examinations for a professional practice in psychology; and
      4. Bar examinations.
    1. Any postsecondary educational institution exempt from this part by virtue of subdivision (a)(6) or (a)(11) shall lose the exemption upon the occurrence of one (1) of the following events, subject to appeal to the commission as provided at § 49-7-2010:
      1. Loss or failure to meet any of the listed criteria for exemption;
      2. Loss of Title IV federal student aid funding; or
      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, office of postsecondary educational institutional data system.
    2. Any institution deemed to be exempt under subdivision (a)(6) as it existed prior to May 1, 2014, shall continue to be exempt as long as the institution registers with the commission under subdivision (b)(3).
    3. Postsecondary educational institutions that are exempt under subdivision (a)(6) shall annually complete an information request form. The information request form shall be created by the commission and shall require, at a minimum:
      1. The name of a contact person and related information such as an email address and telephone number;
      2. A description of the complaint process used by the postsecondary educational institution and the related complaint contact information;
      3. A brief description of the postsecondary educational institution's activities in Tennessee, including enrollment or recruitment;
      4. The number of Tennessee residents enrolled during the past fiscal year; and
      5. If applicable, documentation demonstrating that the postsecondary educational institution meets the exemption requirements of subdivision (a)(6).
  2. 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 subdivisions (b)(1)(A)-(C) shall not be required to reestablish the twenty (20) consecutive year standards in order to regain its exempt status. Instead, the commission shall have the authority to reinstate the exemption once the condition that caused the loss of exemption has, in the opinion of the commission, been remedied.
  3. The commission shall establish and ensure that all postsecondary institutions in this state cooperatively provide for an integrated system of postsecondary education. The general assembly recognizing that any institution meeting the requirements of subdivisions (a)(6) and (11) is established by name as an educational institution and authorized to operate educational programs beyond secondary education, directs the commission to 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). The commission shall guard against inappropriate and unnecessary conflict and duplication by promoting transferability of credits and easy access of information among institutions.

Acts 1961, ch. 112, § 4; 1974, ch. 781, § 4; 1976, ch. 543, § 1; 1976, ch. 802, § 1; 1978, ch. 609, § 1; 1980, ch. 541, § 1; 1983, ch. 398, § 3; T.C.A., § 49-3904; Acts 1989, ch. 425, § 4; 1993, ch. 113, § 1; 1994, ch. 685, § 3; 1998, ch. 695, §§ 5-7; 2013, ch. 158, § 1; 2013, ch. 185, §§ 1, 2; 2013, ch. 307, § 1; 2013, ch. 473, § 18; 2014, ch. 818, § 1; 2014, ch. 890, §§ 1-4; 2015, ch. 358, § 1; 2015, ch. 465, § 1; 2016, ch. 666, § 1; 2016, ch. 868, § 11; 2018, ch. 790, § 1; 2019, ch. 82, § 1.

Compiler's Notes. Pursuant to Article III, Section 18 of the Constitution of Tennessee, Acts 2014, ch. 818 took effect on April 28, 2014.

Acts 2014, ch. 818, § 2 provided that the act, which amended subdivision (a)(7), shall expire and be of no force and effect after June 30, 2015; and on July 1, 2015, § 49-7-2004(a)(7) is hereby revived and reenacted as codified immediately prior to April 28, 2014.

Attorney General Opinions. Payment into tuition guaranty fund by unaccredited private degree-granting vocational institutions, OAG 97-024, 1997 Tenn. AG LEXIS 23 (3/17/97).

NOTES TO DECISIONS

1. Theological School.

Theological school could choose not to comply with Postsecondary Education Authorization Act and yet continue to train ministers, since noncompliance with the act will simply prohibit school from granting degrees, but does not interfere with content or methods of instruction. State ex rel. McLemore v. Clarksville School of Theology, 636 S.W.2d 706, 1982 Tenn. LEXIS 426 (Tenn. 1982).

49-7-2005. Commission — Powers and duties.

  1. The commission has the power and duty to:
    1. Establish minimum criteria in conformity with § 49-7-2006, including quality of education, ethical and business practices, health and safety and fiscal responsibility, that applicants for authorization to operate, or for an agent's permit, shall meet before the authorization or permit may be issued, and to continue the authorization or permit in effect. The criteria to be developed shall effectuate the purposes of this part, but not unreasonably hinder legitimate educational innovation;
    2. Receive, investigate as it may deem necessary and act upon applications for authorization to operate postsecondary educational institutions and applications for agent's permits;
    3. Maintain a list of postsecondary educational institutions and agents authorized to operate in this state under this part. This list shall be available for the information of the public;
    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 will be helpful in effectuating the purposes of this part; provided, that nothing contained in the reciprocity agreement shall be construed as limiting the commission's powers, duties and responsibilities with respect to independently investigating or acting upon any application for authorization to operate or any application for renewal of the authorization to operate for a postsecondary educational institution or an application for issuance of or renewal of any agent's permit, or with respect to the enforcement of any provision of this part or any of the rules or regulations promulgated under this part;
    5. Receive and cause to be maintained as a permanent file, copies of academic records in conformity with § 49-7-2016;
    6. Promulgate rules, regulations, performance standards and procedures necessary or appropriate for the conduct of its work and the implementation of this part, which rules and regulations shall have the force of law, and to hold hearings as it deems advisable or as required by law in developing the rules, regulations and procedures or in aid of any investigation or inquiry;
    7. Investigate as it deems necessary, on its own initiative or in response to any 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 shall be enforceable by any court of this state, to require answers in writing under oath to questions propounded by the commission, and to administer an oath or affirmation to any person in connection with any investigation; and
    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 in order to carry out this part.
  2. 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.
  3. 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.
  4. 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.

Acts 1961, ch. 112, §§ 5, 6; 1974, ch. 781, §§ 5, 6; 1976, ch. 806, § 1(135); 1983, ch. 398, § 4; T.C.A., §§ 49-3905, 49-3906; Acts 1992, ch. 1026, § 2; 1998, ch. 685, § 1; 2004, ch. 831, § 2; 2006, ch. 766, § 4; 2016, ch. 868, § 10.

Code Commission Notes.

Former subdivision (a)(10), concerning a report on the appropriateness and relevance of current training and educational programs, was deleted as obsolete by the code commission in 2009.

Attorney General Opinions. Authority of Tennessee higher education commission to regulate flight training schools.  OAG 12-35, 2012 Tenn. AG LEXIS 35 (3/12/12).

49-7-2006. Minimum standards for authorization.

  1. In establishing the criteria required by § 49-7-2005(a), the commission shall observe and require compliance with the following minimum standards:
    1. A 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. The quality and content of each course or program of instruction, training or study are such as may reasonably and adequately achieve the stated objective for which the course or program is offered;
      2. The institution has adequate space, equipment, instructional materials and personnel to provide education of good quality;
      3. The education and experience qualifications of directors, administrators, supervisors and instructors are such as may reasonably ensure that the students will receive education consistent with the objectives of the course or program of study;
      4. The institution provides students and other interested persons with a catalog or brochure containing information describing the programs offered, program objectives, length of program, schedule of tuition, fees, and all other charges and expenses necessary for completion of the course of study, cancellation and refund policies, and other material facts concerning the institution and the program or course of instruction 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 rules and regulations, and that such information is provided to prospective students prior to enrollment;
      5. Upon satisfactory completion of training, the student is given appropriate educational credentials by the institution, indicating that the course or courses of instruction or study have been satisfactorily completed by the student;
      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. The institution is maintained and operated in compliance with all pertinent ordinances and laws, including rules and regulations adopted pursuant to the ordinances and laws, relative to the safety and health of all persons upon the premises;
      8. The institution is financially sound and capable of fulfilling its commitments to students;
      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. The institution has a fair and equitable cancellation and refund policy; and
      11. No principal party involved in the applicant institution has ever been associated as a principal party, owner or administrator in any postsecondary educational institution that ceased operation with a resulting loss of time or money for enrollees in the institution; and
    2. An applicant for an agent's permit shall represent only postsecondary educational institutions lawfully authorized by the commission to operate in the state.
    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. 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.

Acts 1961, ch. 112, § 7; 1974, ch. 781, § 7; 1976, ch. 802, § 2; T.C.A., § 49-3907; Acts 1989, ch. 425, § 5; 1992, ch. 1026, § 3; 1998, ch. 695, §§ 8, 9; 2016, ch. 868, §§ 8, 9.

49-7-2007. Prohibited acts.

No person, agent, group or entity of whatever kind, alone or in concert with others, shall:

  1. Operate in this state a postsecondary educational institution not exempted from this part, unless the institution has a currently valid authorization to operate issued pursuant to this part;
  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 agent is a natural person and has a currently valid agent's permit issued pursuant to this part, nor accept contracts or enrollment applications from an agent who does not have a current permit as required by this part; provided, that the commission may promulgate rules and regulations to permit the rendering of legitimate public information services without the permit;
  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 any person for such purpose, or award any educational credential, or contract with any institution or party to perform any such act, in this state, whether the person, agent, group or entity is located within or without this state, unless the person, agent, group or entity observes and is in compliance with the minimum standards set forth in § 49-7-2006(a), the criteria established by the commission pursuant to § 49-7-2005(a)(1), and the rules and regulations adopted by the commission pursuant to § 49-7-2005(a)(6);
  4. Use “university” or other terminology that could mislead the general public without authorization to do so from the commission; or
  5. Grant, or offer to grant, educational credentials, without authorization to do so from the commission.

Acts 1961, ch. 112, § 8; 1974, ch. 781, § 8; T.C.A., § 49-3908.

49-7-2008. Authorization to operate.

    1. Each postsecondary educational institution desiring to operate in this state shall make application to the commission, upon forms to be provided by the commission.
    2. The application shall be accompanied by a catalog or brochure published, or proposed to be published, by the institution, containing the information specified in § 49-7-2006(a)(1)(D), including information required by rules and regulations of the commission.
    3. The application shall also be accompanied by evidence of a surety bond as required by this part and payment of the fees specified in the bond.
    1. Following review of the application and any further information submitted by the applicant, or required by the commission, and the investigation of the applicant as the commission deems necessary or appropriate, the commission shall either grant or deny authorization to operate to the applicant.
    2. A grant of authorization to operate may be on the terms and conditions that the commission specifies. In the case of initial applications for new institutions, a temporary authorization of up to two (2) years may be issued. In the case of applications or reapplications for institutions or programs that were previously authorized but have lapsed or are deficient, a probationary authorization may be granted until the deficiencies are corrected.
  1. The authorization to operate shall be in a form recommended and approved by the commission and shall state in a clear and conspicuous manner at least the following information:
    1. The date of issuance, effective date and term of approval;
    2. The correct name and address of the institution so authorized;
    3. The authority for approval and conditions of approval; and
    4. Any limitation of the authorization, as deemed necessary by the commission.
  2. 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.
    1. The authorization to operate shall be issued to the owner, or governing body, of the applicant institution and shall be nontransferable.
    2. In the event of a change in ownership of the institution, a new owner or governing body must, within five (5) business days after the change in ownership, apply for a new authorization to operate as provided for by the commission; and in the event of failure to do so, the institution's authorization to operate shall terminate.
    3. Application for a new authorization to operate by reason of change in ownership of the institution shall for purposes of § 49-7-2010(a)(2) be deemed an application for renewal of the institution's authorization to operate.
    4. “Ownership,” for purposes of this section, means ownership of a controlling interest in the institution, or in the event the institution is owned or controlled by a corporation or other legal entity other than a natural person or persons, ownership of a controlling interest in the legal entity owning or controlling the institution.
    1. Prior to the expiration of an authorization to operate, the institution shall complete and file with the commission an application form for renewal of its authorization to operate.
    2. A renewal application for authorization shall be acted on by the commission under the same procedures used in initial applications; but before any renewal is authorized, an institutional self-study using the standards of an appropriate accrediting authority shall be performed and the results filed with the commission. During the authorization period, with annual reports and fee payment, there shall be an on-site visit of the institution by at least one (1) external authority on that type of institution and a staff member of the commission. The self-study and site visit may be conducted in conjunction with a normally scheduled accreditation visit, but, in any event, the institution shall pay the reasonable honorarium compensation and travel expenses of the external authority, if requested.
    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 offered programs.
    1. An institution not yet in operation when its application for authorization to operate is filed may not begin operation until receipt of authorization.
    2. An institution in operation when its application for authorization to operate is filed may continue operation until its application is acted upon by the commission, and thereupon its authority to operate shall be governed by the action of the commission.
    3. In any event, the commission may issue provisional authorization to operate, containing limitations as to time, procedures, functions or other conditions that the commission deems necessary.

Acts 1961, ch. 112, § 9; 1974, ch. 781, § 9; T.C.A., § 49-3909; Acts 1989, ch. 425, §§ 7-9; 2004, ch. 831, § 3; 2006, ch. 766, § 5; 2018, ch. 790, § 2.

49-7-2009. Agent's permit.

    1. Each person desiring to solicit or perform the services of an agent shall make application to the commission, upon forms to be provided by the commission.
    2. The application shall be accompanied by evidence of the good reputation and character of the applicant, in a form to be prescribed by the commission, and shall state the institution or institutions the applicant intends to represent.
    3. An agent representing more than one (1) institution must obtain a separate agent's permit for each institution represented; provided, that when an agent represents institutions having a common ownership, only one (1) agent's permit shall be required with respect to the institutions.
    4. In the event any institution the applicant intends to represent does not have authorization to operate in this state, the application shall be accompanied by the information required of institutions making application for authorization.
    5. The application for an agent's permit shall also be accompanied by evidence of a surety bond as required by this part, and payment of the fees specified in the bond.
  1. Following review of the application and any further information submitted by the applicant, or required by the commission, and investigation of the applicant that the commission deems necessary or appropriate, the commission shall either grant or deny an agent's permit to the applicant.
  2. The agent's permit shall be in a form recommended and approved by the commission and shall state in a clear and conspicuous manner at least the following information:
    1. The date of issuance, effective date and term;
    2. The correct name and address of the agent; and
    3. The institution or institutions the agent is authorized to represent.
  3. The term for which an agent's permit is issued shall not extend for more than one (1) year, and the permit may be issued for a lesser period of time.
    1. At least sixty (60) days prior to the expiration of an agent's permit, the agent shall complete and file with the commission an application form for renewal of the permit.
    2. The renewal application shall be reviewed and acted upon as provided in this section.

Acts 1961, ch. 112, § 10; 1974, ch. 781, § 10; T.C.A., § 49-3910; Acts 1989, ch. 425, § 10.

49-7-2010. Denial, revocation or conditional issuance of authorization or permit — Noncompliance by institution.

    1. If the commission, upon review and consideration of an application for authorization to operate or for an agent's permit, or for renewal of the authorization or the permit, determines that the applicant fails to meet the criteria established as provided in this part, the commission shall so notify the applicant, setting forth the reasons in writing and shall deny the application.
    2. The commission may grant to an applicant for renewal an extension of time of reasonable duration in which the applicant may eliminate the reason or reasons for denial contained in the statement of denial, if the applicant has demonstrated to the satisfaction of the commission the applicant's desire to meet the requirements of § 49-7-2006 and the criteria established pursuant to § 49-7-2005(a), and if, in the judgment of the commission, it would be reasonably possible for the applicant to meet the requirements and criteria within that time.
    3. In the event the commission denies an application for an agent's permit, or for renewal of an agent's permit, it shall notify the institution or institutions that the agent represented or proposed to represent, according to the records of the commission, including the reasons for the denial.
    1. Any person aggrieved by a decision of the commission respecting denial of an authorization to operate, or of an agent's permit, or the placing of conditions on the authorization or the permit, whether on initial application or an application for renewal, and any person aggrieved by the imposition of a penalty by the commission under § 49-7-2017 shall have the right to a hearing and review of the decision by the commission as provided in this subsection (b).
    2. If, upon written notification of any such action taken by the commission, the aggrieved party desires a hearing and review, the party shall notify the commission, in writing, within ten (10) days after the giving of notice of the action, otherwise the action shall be deemed final.
    3. Upon receiving notice from the aggrieved party, the commission shall fix the time and place for a hearing, and shall notify the aggrieved party of the time and place of the hearing.
    4. At the hearing, the party may employ counsel, shall have the right to hear the evidence upon which the action is based and present evidence in opposition or in extenuation. Any member of the commission may preside except where a clear conflict of interest may be demonstrated.
    5. A decision of the commission following hearing, or on expiration of the time for demand of a hearing if no demand is filed, shall be deemed final, subject to the right of judicial review provided in §  49-7-2012. All matters presented by hearing as provided in this subsection (b) shall be acted upon promptly by the commission; and the commission shall notify all parties in writing of its decision, which shall 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. An authorization to operate, or an agent's permit, may be revoked or made conditional after its issuance if the commission has reasonable cause to believe that the holder of the authorization or permit has violated or is violating this part or any rules and regulations promulgated under this part. Prior to the revocation or imposition of condition, the commission shall notify the holder of the authorization or permit in writing of the impending action, setting forth the grounds for the action contemplated to be taken and advising the holder of a permit that if a hearing is requested, in writing, within ten (10) days of receipt of the notice, the commission shall set a time and place for a hearing at which the holder of the authorization or permit may be heard in response to the allegation of noncompliance with this part.
      1. If a hearing is requested as described in subdivision (c)(1), the hearing shall be conducted as provided in subdivision (b)(3), and the holder of the authorization or permit shall have the rights set forth in subdivision (b)(3).
      2. The decision of the commission shall be made as provided in subdivision (b)(4) and shall be deemed final, subject to the right of judicial review provided in §  49-7-2012.
      3. In the event an agent's permit is revoked or condition imposed on the permit, the commission shall notify the institution or institutions that the agent was permitted to represent, as shown in the records of the commission, in addition to the notice required to be given to the agent and any other parties to the hearing.
  1. In the event a postsecondary educational institution is determined by the commission to be in noncompliance with one (1) or more of the minimum standards for authorization established by this part, including any implementing regulations promulgated by the commission pursuant to this part, the commission may direct, as an alternative to or in addition to revocation or making conditional its authorization to operate, the institution to cease admission of additional students at the institution or may direct other action that may be deemed necessary, until such time as, in the judgment of the commission, the institution is being maintained and operated in compliance with minimum standards. Nothing in this section shall be construed to absolve institutions of their educational and financial obligations to currently enrolled students. Actions under this section are subject to the hearing and review provisions of subsection (b).

Acts 1961, ch. 112, §§ 11-13; 1974, ch. 781, §§ 11-13; T.C.A., §§ 49-3911 — 49-3913; Acts 1992, ch. 1026, § 4.

49-7-2011. Complaints against institution or agent.

    1. Any person claiming damage or loss as a result of any act or practice by a postsecondary educational institution or its agent, or both, that is a violation of this part or of the rules and regulations promulgated under this part, may file with the commission a verified complaint against the institution or against its agent, or both.
    2. The complaint shall set forth the alleged violation and shall contain other information that may be required by the commission.
    3. A complaint may also be filed with the commission by the executive director of the commission, or a commissioner, or the attorney general and reporter.
    4. A complainant may also file with the commission as a representative of a class of complainants.
    1. The commission shall investigate the complaint and may, at its discretion, attempt to effectuate a settlement by persuasion and conciliation.
    2. The commission may consider a complaint after ten (10) days' written notice by registered mail, return receipt requested, to the institution or to the agent, or both, as appropriate, giving notice of a time and place for hearing on the complaint.
    1. If, upon all the evidence at a hearing, the commission finds that a postsecondary educational institution or its agent, or both, has engaged in or is engaging in, any act or practice that violates this part or the rules and regulations promulgated under this part, the commission shall issue and cause to be served upon the institution or agent, or both, an order requiring the institution or agent, or both, to cease and desist from the act or practice.
    2. Additionally, if the commission finds that the complainant, or class of complainants, has suffered loss or damage as a result of the act or practice, the commission may, at its discretion, award the complainant, or class of complainants, full or partial restitution for the damage or loss and may impose the penalties provided for in § 49-7-2017(a).
    3. The commission may also, as appropriate, based on its own investigation or the evidence adduced at the hearing, commence an action to revoke an institution's authorization to operate or an agent's permit.
  1. Nothing in this section shall be construed to prohibit the use of nonbinding mediation to settle disputes arising between a postsecondary institution and its enrollees, nor the inclusion of a mediation clause in enrollment contracts.

Acts 1961, ch. 112, § 14; 1974, ch. 781, § 14; T.C.A., § 49-3914; Acts 1992, ch. 1026, § 5.

Cross-References. Certified mail in lieu of registered mail, § 1-3-111.

49-7-2012. Judicial review.

  1. Any person aggrieved or adversely affected by any final commission action, or by any penalty imposed by the commission, may obtain judicial review of the action as provided in this section.
    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. 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. 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. 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. Arbitrary or capricious;
      2. A denial of statutory right;
      3. Contrary to constitutional right, power, privilege or immunity;
      4. In excess of statutory jurisdiction, authority, purposes or limitation;
      5. Not in accordance with the procedures or procedural limitations of this part or otherwise required by law;
      6. An abuse or clearly unwarranted exercise of discretion;
      7. Unsupported by substantial evidence when the record is considered as a whole; or
      8. Otherwise contrary to law.
    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.

Acts 1961, ch. 112, § 15; 1974, ch. 781, § 15; T.C.A., § 49-3915.

49-7-2013. Bond requirements.

    1. At the time application is made for authorization to operate, 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) for in-state institutions and twenty thousand dollars ($20,000) for out-of-state postsecondary educational institutions that provide all or part of their instruction in this state, including out-of-state institutions that begin operation of branch campuses in this state after July 1, 1989, or such other sum as may be provided by the commission. Institutions providing primarily religious instruction or not organized as private postsecondary educational institutions shall maintain a ten thousand dollar ($10,000) institutional surety bond. The bond shall be executed by the applicant as principal and by a surety company qualified and authorized to do business in this state.
    2. A cash surety bond in the amount of ten thousand dollars ($10,000) or twenty thousand dollars ($20,000), as applicable, 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. This cash surety bond shall 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. The bond shall be conditioned to:
      1. Initially provide indemnification to any student or enrollee or the student's or enrollee's parents or guardian, or class thereof, determined to have suffered loss or damage as a result of any act or practice that is a violation of this part by the postsecondary educational institution, and that the bonding company shall pay any final, nonappealable judgment rendered by the commission or any court of this state having jurisdiction, upon receipt of written notification of the judgment; and
      2. Pay, from any remaining funds to the special agency account established pursuant to § 49-7-2014, 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. Regardless of the number of years that the bond is in force, the aggregate liability of the surety on the bond shall in no event exceed the penal sum of the bond.
    5. The bond may be continuous.
    1. An application for each agent's permit for an out-of-state institution shall be accompanied by a good and sufficient surety bond in the penal sum of five thousand dollars ($5,000) for each agent. The bond shall be executed by the applicant as principal and by a surety company qualified and authorized to do business in this state. The bond may be in blanket form to cover more than one (1) agent for a postsecondary educational institution, but it shall cover each agent for the institution in a penal sum of five thousand dollars ($5,000), or other sum that may be provided by the commission.
    2. A cash surety bond in the amount of five thousand dollars ($5,000) for each agent of an out-of-state institution 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. This bond shall 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. The bond shall be conditioned to provide indemnification to any student, enrollee, or the student's or enrollee's parents or guardian, or class thereof, determined to have suffered loss or damage as a result of any act or practice that is a violation of this part by the agent, and that the bonding company shall pay any final, nonappealable judgment rendered by the commission or any court of this state having jurisdiction, upon receipt of written notification of the judgment.
    4. Regardless of the number of years that the bond is in force, the aggregate liability of the surety on the bond shall in no event exceed the penal sum of the bond.
    5. The bond may be continuous.
    1. The corporate surety bond to be filed under this section shall cover the period of the authorization to operate or the agent's permit, as appropriate, except when a surety shall be released as provided in this section.
    2. A surety on any 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 any claim theretofore or thereafter filed by a student or enrollee or the student's or enrollee's parents or guardian for loss or damage resulting from any act or practice that is a violation of this part alleged to have occurred while the bond was in effect, nor for an institution's ceasing operations during the term for which tuition has been paid while the bond was in force.
    3. A cash surety bond shall remain on file for one (1) year after the expiration of the period of authorization to operate or the agent's permit, as appropriate. The expiration or withdrawal of the cash bond shall not serve to diminish or nullify the rights of claimants. The claimants shall have the same rights as claimants have against a postsecondary educational institution or agent that filed a corporate bond that was subsequently released, as described in this section.
  1. Authorization for an institution to operate and an agent's permit shall be suspended by operation of law when the institution or agent is no longer covered by a surety bond as required by this section. The commission shall cause the institution or agent, or both, to receive at least thirty (30) days' written notice prior to the release of the surety, to the effect that the authorization or permit shall be suspended by operation of law until another surety bond is filed in the same manner and like amount as the bond being terminated.

Acts 1961, ch. 112, § 16; 1974, ch. 781, § 16; 1978, ch. 501, §§ 1-3; T.C.A., § 49-3916; Acts 1989, ch. 425, §§ 11-14; 1998, ch. 695, § 10; 2018, ch. 790, § 3.

49-7-2014. Fees.

  1. The commission is authorized to set fees annually based on the intent to collect revenues sufficient to cover the costs of this regulatory function, including, but not limited to, travel, employee costs, legal costs and expert fees.
  2. All fees collected pursuant to this part shall be deposited in the state treasury credited to a special agency account to administer this part.
  3. The fees to be collected by the commission shall accompany an application for authorization to operate an institution or an application for an agent's permit, or other application or request in accordance with the schedule set out in the administrative rules under this chapter. All fees shall be stated as a flat fee.
  4. 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.

Acts 1961, ch. 112, § 17; 1974, ch. 781, § 17; T.C.A., § 49-3917; Acts 1989, ch. 425, §§ 15-17; 1992, ch. 1026, § 6; 2006, ch. 766, § 6; 2016, ch. 868, §§ 6, 7.

49-7-2015. Student loans.

    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. In such event the following agreements entered into in connection with the contract or the giving of such evidence of indebtedness are invalid:
      1. That the law of another state shall apply;
      2. That the maker or any person liable on such contract or evidence of indebtedness consents to the jurisdiction of another state;
      3. That another person is authorized to confess judgment on the contract or evidence of indebtedness; or
      4. That fixes venue.
    3. No note, instrument or other evidence of indebtedness or contract relating to payment for education or educational services shall be enforceable in the courts of this state by any postsecondary educational institution operating in this state, unless the institution has received authorization to operate under this part, nor by any postsecondary educational institution having an agent or agents in this state, unless any and all agents who enrolled or sought to enroll the person to whom the services were to be rendered or to whom educational credentials were to be granted, had an agent's permit at the time of their contract with the person.
    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. 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.

Acts 1961, ch. 112, §§ 19, 20; 1974, ch. 781, §§ 19, 20; T.C.A., §§ 49-3919, 49-3920.

49-7-2016. Closing of institution.

  1. In the event any postsecondary educational institution now or hereafter operating in this state proposes to discontinue its operation, the chief administrative officer, by whatever title designated, of the institution shall cause to be filed with the commission the original or legible true copies of all academic records of the institution as specified by the commission.
  2. The academic records shall 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.
  3. In the event it appears to the commission that the academic records of an institution discontinuing its operations are in danger of being destroyed, secreted, mislaid, or otherwise made unavailable to the commission, the commission may seize and take possession of the records, on its own motion, and without order of court.
  4. 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.
  5. As an alternative to the deposit of the records with the commission, the institution may propose to the commission a plan for permanent retention of the records. The plan shall be put into effect only with the approval of the commission.
  6. When a postsecondary educational institution now or hereafter operating in this state proposes to discontinue its operation, the institution shall cause to be created a teachout plan, acceptable to the commission, by which its educational obligations to its students can be fulfilled.

Acts 1961, ch. 112, § 19; 1974, ch. 781, § 18; T.C.A., § 49-3918; Acts 1992, ch. 1026, § 7; 2018, ch. 790, § 4.

49-7-2017. Fines, penalties and enforcement.

    1. Any person, group or entity, or any owner, officer, agent or employee of any person, group or entity, that violates § 49-7-2007 or fails or refuses to deposit with the commission the records required by § 49-7-2016, is subject to a civil penalty not to exceed five hundred dollars ($500) for the violation.
    2. Each day's failure to comply with § 49-7-2007 or § 49-7-2016 is a separate violation.
    3. The fine may be imposed by the commission in an administrative proceeding or by any court of competent jurisdiction.
    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. Each day's failure to comply with § 49-7-2007 or § 49-7-2016 is a separate violation.
    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).
    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. 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.
  1. 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.
    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. It is not necessary that the commission allege or prove that it has no adequate remedy at law.
    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. 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).

Acts 1961, ch. 112, §§ 21-24; 1973, ch. 285, §§ 2, 3; 1974, ch. 781, §§ 21-25; T.C.A., §§ 49-3921 — 49-3925; Acts 1989, ch. 591, § 113.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

49-7-2018. Tuition guaranty fund — Establishment — Board — Fees.

  1. The general assembly recognizes:
    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. That the moneys for the fund can be most properly raised based on the level of tuition collections at each such educational institution.
  2. 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.
  3. There is established the board of directors of the tuition guaranty fund, which shall 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, a member of the committee on postsecondary educational institutions named by the chair of the commission, and a representative of the private postsecondary education industry named by the chair of the commission, or their designees, so designated in writing. The state treasurer or the state treasurer's designee shall be chair. The board is authorized to take any actions necessary to administer the fund, including promulgation of rules and bylaws. The board shall report annually to the general assembly and governor on the condition of the fund.
    1. There is imposed on each postsecondary educational institution authorized under this part, unless exempt under § 49-7-2004, a tuition guaranty fund fee in accordance with the schedule set out in the administrative rules under this chapter.
    2. The fee shall be based on tuition collections, however described, in the previous academic year, unless the board determines a different time measure is more appropriate for an institution. The fee shall be paid to the tuition guaranty fund at least thirty (30) days before the beginning of a new academic year; provided, that the board may establish alternate dates to account for variations in institutional programs and schedules. The board may also establish late payment penalties by regulation.
  4. At such time as the board, in its discretion, determines that the fund is adequately funded to insure against institutional closure, it 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 operation 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.
  5. In the event an institution participating in the fund goes into bankruptcy, or ceases operations without completing its educational obligations or reimbursing its students, the board may reimburse valid claims of students for tuition paid to that institution, in accordance with guidelines and regulations established by the board. If a student is attending on a loan, the board shall direct reimbursement to that lender rather than to the student. As a condition of receiving reimbursement from the fund, a student or lender shall agree to subrogate the person's right of recovery against the institution to the board.
  6. 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.

Acts 1989, ch. 425, § 18; 1992, ch. 1026, § 8; 1997, ch. 333, § 1; 1998, ch. 695, §§ 11-15; 2006, ch. 766, §§ 7, 8; 2018, ch. 790, §§ 5, 6.

Compiler's Notes. Acts 1997, ch. 333, § 2 provided that it is the legislative intent of that act, which amended subdivision (d)(1), to ensure that the status quo is maintained relative to the institutions subject to being assessed and paying into the tuition guaranty fund, specifically, that no institution that was exempt from paying into the fund prior to the issuance of Attorney General Opinion 97-024, issued on March 17, 1997, shall be required to pay into the fund by virtue of the passage of that act; nor shall any institution required to pay into the fund prior to that date be exempt from making payment into the fund by virtue of the passage of that act.

Attorney General Opinions. Payment into tuition guaranty fund by unaccredited private degree-granting vocational institutions, OAG 97-024, 1997 Tenn. AG LEXIS 23 (3/17/97).

49-7-2019. Notification and internet posting of graduation, job placement and tuition information.

Information related to graduation, job placement and tuition costs required to be provided to the commission shall also be provided in writing to a prospective student for the specific field of study in which the student is considering enrolling. Tuition cost information shall also be posted on the institution's website. Institutions subject to this section shall post a link to the commission's website, which will provide job placement and graduation information for each program offered by the institution. The institutions shall include a clear reference on their websites of the availability of the data on the commission's website and shall provide a link to the commission's website directly below such reference.

Acts 2008, ch. 1103, § 2.

49-7-2020. Addendum to enrollment agreement regarding conditional basis of institution's authorization to operate.

    1. A postsecondary institution authorized to operate in this state under § 49-7-2008 shall provide an addendum to any enrollment contract or agreement entered into, on or after notification is received by the institution of any 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 of the limitation or restriction is necessary to protect the public interest. A decision of the commission shall not be a final decision until it is final under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The addendum shall notify the student of the conditional authorization. The addendum shall be entitled “Notice of Conditional Authorization” and shall be signed and dated by the student.
    2. If the institution has been notified of a final decision to place it on conditional authorization to operate as provided in subdivision (a)(1), the statement shall 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 shall also state that continued failure to meet the conditions may result in the school's loss of authorization to operate in this state. All information concerning conditional or probationary authorization shall be in bold face type.
  1. The information required under subsection (a) shall also be posted on the institution's website in bold face type.

Acts 2008, ch. 1103, § 3.

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. Meets the definition of “college” in § 49-7-2003;
  2. Has been approved by an accrediting body recognized by the United States department of education to offer degree level programs; and
  3. Offers or is seeking approval to offer at least one (1) degree program.

Acts 2014, ch. 831, § 2.

Compiler's Notes.  Pursuant to Article III, Section 18 of the Constitution of Tennessee, Acts 2014, ch. 831 took effect on April 28, 2014.

49-7-2022. Authorization to operate — Optional expedited authorization.

  1. No entity shall operate in this state a postsecondary educational institution, not exempted from this part, unless the institution has a current and valid authorization from the commission to operate.
  2. Degree-granting postsecondary educational institutions accredited by a regional or national institutional accrediting agency recognized by the United States department of education may apply annually for an eligibility review and an optional expedited authorization by the commission.
  3. Eligibility for optional expedited authorization is available annually to degree-granting postsecondary educational institutions that submit the following documentation to the commission:
    1. Evidence of good-standing and valid institutional accreditation from a regional or national institutional accrediting agency recognized by the United States department of education;
    2. Documentation evidencing an established, clearly articulated, and comprehensive process for the resolution of consumer complaints;
    3. If the institution is not authorized in this state, documentation evidencing that the institution is authorized or exempt from authorization in the state where it is primarily located;
    4. A signed and notarized application for optional expedited authorization on a form provided by the commission;
    5. If applicable, documentation evidencing all requisite program approvals from other state licensing boards or commissions; and
    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 the United States department of education for the purpose of being a Title IV eligible institution.
  4. Upon receipt of an institution's application, the commission shall conduct a detailed review and verification and, upon satisfactory examination of all submitted documentation, shall issue this annual optional expedited authorization subject to this section.
  5. If the commission, upon review and consideration of the application, determines the applicant is not eligible and fails to meet the optional expedited authorization criteria established in this section, the commission shall notify the applicant of its decision to deny the application and set forth the reasons for the denial in writing.
  6. Issuance of an annual optional expedited authorization shall demonstrate full compliance with the minimum standards established under this part and fulfill all requirements for the institution's state authorization.
  7. 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 shall remain subject to §§ 49-7-2012, 49-7-2013, 49-7-2014, 49-7-2015, 49-7-2016, and 49-7-2018.
  8. To assist the commission with its duty of consumer protection, any institution receiving optional expedited authorization under this section shall:
    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. Notify the commission, within five (5) business days, of the following:
      1. Action by an accrediting agency in regard to the institution's accreditation status, including revocation, suspension, probation, warning, or similar action;
      2. 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. Utilization by the institution of a letter of credit or a cash management agreement with the United States department of education;
      4. Public announcement of investigation by any governmental agency. 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. A change of ownership; or
      6. A change of institutional director;
    3. Provide any information requested by the commission necessary to monitor the institution's eligibility for optional expedited authorization;
    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. Provide the following data, subject to the commission's requirements:
      1. Student-level data on enrollment and credential attainment;
      2. Job placement data;
      3. Costs of attendance;
      4. Federal student cohort default rates; and
      5. A comprehensive list of all programs offered at the institution.
  9. Optional expedited authorization shall remain available only to those institutions maintaining the eligibility standards required under this section, as submitted in the documentation accompanying the institution's annual optional expedited authorization application. Optional expedited authorization shall be issued to the owner or governing body of the applicant institution and shall be nontransferable. In the event of a change of ownership, the new owner or governing body must apply for a new authorization to operate as provided for by the commission; failure to do so shall result in termination of the institution's authorization to operate.
  10. The commission may revoke or make conditional an issued optional expedited authorization for:
    1. Loss of or failure to meet any of the listed criteria for authorization in subsection (c);
    2. Just cause; or
    3. Failure to fulfill the requirements in subsection (h).
  11. Upon the commission's revocation of any institution's optional expedited authorization, the institution shall then immediately be subject to all remaining provisions of this part, applicable administrative rules and procedures for issuance of authorization, and shall reapply for commission authorization under § 49-7-2008. Any institution whose optional expedited authorization is revoked by the commission shall be ineligible to reapply for optional expedited authorization for no less than twenty-four (24) months from the date of revocation.
  12. The commission may investigate any signed student complaint involving institutions authorized under this section; however, initial responsibility for the investigation and resolution of complaints shall reside with the institution against which the complaint is made. For complaints not resolved at the institutional level, the commission may investigate and coordinate resolution of any student complaint with the assistance of other government agencies, as necessary.
  13. Institutions receiving optional expedited authorization are subject to the provisions and requirements of the tuition guaranty fund, under § 49-7-2018.
  14. Institutions receiving optional expedited authorization shall be subject to a flat annual fee, as established by the commission. Institutions receiving optional expedited authorization shall not be subject to any other authorization fees under this part.
  15. The commission may develop agency policies and promulgate administrative rules and regulations, as necessary, to effectuate this section.
  16. No later than June 30, 2018, the commission shall develop, and make available on its website, graduation rates and statistics on credential attainment for institutions authorized under this section and a hyperlink to the institutions' website.
    1. Any person aggrieved by a decision of the commission with respect to denial of, revocation of, or making conditional an optional expedited authorization to operate as provided by subsection (j) shall have the right to a hearing and review of the decision by the commission as provided by this subsection (q).
    2. If, upon written notification of any such action taken by the commission, the aggrieved party desires a hearing and review, the party shall notify the commission, in writing, within ten (10) days after the giving of notice of the action, otherwise the action shall be deemed final.
    3. Upon receiving notice from the aggrieved party, the commission shall fix the time and place for a hearing, and shall notify the aggrieved party of the time and place of the hearing.
    4. At the hearing, the party may employ counsel, shall have the right to hear the evidence upon which the action is based and present evidence in opposition or in extenuation. Any member of the commission may preside except when a clear conflict of interest may be demonstrated.
    5. A decision of the commission following a hearing, or the failure of a party to give written notice of the desire for a hearing and review within ten (10) days, shall be deemed final and subject to the right of judicial review provided in § 49-7-2012. All matters presented by hearing as provided in this subsection (q) shall be acted upon promptly by the commission. The commission shall notify all parties in writing of its decision, which shall 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.
  17. Institutions authorized under this section shall develop and make available to the public on the institutions' websites the most current version of the following information:
    1. Costs of attendance;
    2. Information on whether academic credits attained are transferable to other institutions operating in Tennessee;
    3. Executed articulation and transfer of credit agreements with other institutions operating in Tennessee, if applicable; and
    4. Federal student cohort default rates.

Acts 2016, ch. 868, § 3; 2018, ch. 790, §§ 7-13; 2019, ch. 82, § 2.

49-7-2023. Promulgation of rules to effectuate purpose of part.

The Tennessee higher education commission is directed to promulgate rules to effectuate the purposes of this part. During the rulemaking process, the Tennessee higher education commission shall seek input from institutions subject to the commission's oversight. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2016, ch. 868, § 5.

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.”

Acts 2017, ch. 216, § 1.

Compiler's Notes. Former part 21, §§ 49-7-210149-7-2123  (Acts 2001, ch. 342, § 1; 2011, ch. 424, §§ 1-11; Acts 2012, ch. 519, § 3; T.C.A., § 49-7-212249-7-2144), concerning the  Athlete Agent Reform Act of 2011, was repealed by Acts 2017, ch. 216, § 1 which enacted a new part 21, effective September 1, 2017.

49-7-2102. Part definitions.

As used in this part:

  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. “Athlete agent”:
    1. Means an individual, whether or not registered under this part, who:
      1. 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. For compensation or in anticipation of compensation related to a student athlete's participation in athletics:
  1. 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. Manages the business affairs of the athlete by providing assistance with bills, payments, contracts, or taxes; or
  3. Manages the business affairs of the athlete by providing assistance with bills, payments, contracts, or taxes;

In anticipation of representing a student athlete for a purpose related to the athlete's participation in athletics:

Gives consideration to the student athlete or another person;

Serves the athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions; or

Does not include an individual who:

Acts solely on behalf of a professional sports team or organization; or

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:

Also recruits or solicits the athlete to enter into an agency contract;

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

Receives consideration for providing the services calculated using a different method than for an individual who is not a student athlete;

“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;

“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;

“Commission” means the Commission on Interstate Registration of Athlete Agents;

“Educational institution” includes a public or private elementary school, secondary school, technical or vocational school, community college, college, and university;

“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;

“Enrolled” means registered for courses and attending athletic practice or class. “Enrolls” has a corresponding meaning;

“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;

“Interscholastic sport” means a sport played between educational institutions that are not community colleges, colleges, or universities;

“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;

“Person” means an individual; estate; business or nonprofit entity; public corporation; government or governmental subdivision, agency, or instrumentality; or other legal entity;

“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;

“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;

“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;

“Registration” means registration as an athlete agent under this part;

“Sign” means, with present intent to authenticate or adopt a record:

To execute or adopt a tangible symbol; or

To attach to or logically associate with the record an electronic symbol, sound, or process;

“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

“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.

Acts 2017, ch. 216, § 1; 2019, ch. 67, § 1.

Compiler's Notes. Former part 21, §§ 49-7-210149-7-2123 (Acts 2001, ch. 342, § 1; 2011, ch. 424, §§ 1-11; Acts 2012, ch. 519, § 3; T.C.A., § 49-7-212249-7-2144), concerning the  Athlete Agent Reform Act of 2011, was repealed by Acts 2017, ch. 216, § 1 which enacted a new part 21, effective September 1, 2017.

NOTES TO DECISIONS

1. Student Athlete.

By admitting that he violated the Athlete Agent Reform Act of 2011 during his testimony before the administrative law judge, the agent implicitly conceded that the student was a student athlete, and his argument now that the student was not an eligible student athlete was completely without merit. Sloane v. Tenn. Dep't of State, — S.W.3d —, 2019 Tenn. App. LEXIS 488 (Tenn. Ct. App. Oct. 3, 2019).

49-7-2103. Authority — Procedure.

  1. 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.
  2. 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. By so doing, consent to the jurisdiction of the courts of this state;
    2. Be subject to suit in this state; and
    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.
  3. The secretary of state or the secretary's designee may:
    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. 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. 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.
  4. 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.

Acts 2017, ch. 216, § 1.

Compiler's Notes. Former part 21, §§ 49-7-210149-7-2123  (Acts 2001, ch. 342, § 1; 2011, ch. 424, §§ 1-11; Acts 2012, ch. 519, § 3; T.C.A., § 49-7-212249-7-2144), concerning the  Athlete Agent Reform Act of 2011, was repealed by Acts 2017, ch. 216, § 1 which enacted a new part 21, effective September 1, 2017.

49-7-2104. Athlete agent — Registration required — Void contract.

  1. 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.
  2. 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. A student athlete or another person acting on behalf of the athlete initiates communication with the individual; and
    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.
  3. 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.

Acts 2017, ch. 216, § 1.

Compiler's Notes. Former part 21, §§ 49-7-210149-7-2123  (Acts 2001, ch. 342, § 1; 2011, ch. 424, §§ 1-11; Acts 2012, ch. 519, § 3; T.C.A., § 49-7-212249-7-2144), concerning the  Athlete Agent Reform Act of 2011, was repealed by Acts 2017, ch. 216, § 1 which enacted a new part 21, effective September 1, 2017.

49-7-2105. Registration as athlete agent — Application — Requirements — Reciprocal registration.

  1. An applicant for registration as an athlete agent shall submit an application for registration to the secretary of state in 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 application must be signed by the applicant under penalty of perjury. The application must contain at least the following:
    1. The name, date, and place of birth of the applicant and the following contact information for the applicant:
      1. The address of the applicant's principal place of business;
      2. Work and mobile telephone numbers; and
      3. Any means of communicating electronically, including a facsimile number, electronic mail address, and personal and business or employer websites;
    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. Each social media account with which the applicant or the applicant's business or employer is affiliated;
    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. A description of the applicant's:
      1. Formal training as an athlete agent;
      2. Practical experience as an athlete agent; and
      3. Educational background relating to the applicant's activities as an athlete agent;
    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. The name and address of each person that:
      1. 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. 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. 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. 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. The crime;
      2. The law enforcement agency involved; and
      3. If applicable, the date of the conviction and the fine or penalty imposed;
    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. 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. 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. 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. 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;
    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. 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;
    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. If the applicant is certified or registered by a professional league or players association:
      1. The name of the league or association;
      2. The date of certification or registration, and the date of expiration of the certification or registration, if any; and
      3. 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. Any additional information required by the secretary of state.
  2. 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. A copy of the application for registration in the other state;
    2. A statement that identifies any material change in the information on the application or verifies there is no material change in the information, signed under penalty of perjury; and
    3. A copy of the certificate of registration from the other state.
  3. 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. The application and registration requirements of the other state are substantially similar to or more restrictive than this part; and
    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.
  4. For purposes of implementing subsection (c), the secretary of state shall:
    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. Exchange information, including information related to actions taken against registered athlete agents or their registrations, with those organizations and agencies.

Acts 2017, ch. 216, § 1.

Compiler's Notes. Former part 21, §§ 49-7-210149-7-2123 (Acts 2001, ch. 342, § 1; 2011, ch. 424, §§ 1-11; Acts 2012, ch. 519, § 3; T.C.A., § 49-7-212249-7-2144), concerning the Athlete Agent Reform Act of 2011, was repealed by Acts 2017, ch. 216, § 1 which enacted a new part 21, effective September 1, 2017.

49-7-2106. Certificate of registration — Issuance or denial — Renewal.

  1. 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.
  2. 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. 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. Made a materially false, misleading, deceptive, or fraudulent representation in the application or as an athlete agent;
    3. Engaged in conduct that would disqualify the applicant from serving in a fiduciary capacity;
    4. Engaged in conduct prohibited by § 49-7-2114;
    5. Had a registration as an athlete agent suspended, revoked, or denied in any state;
    6. Been refused renewal of registration as an athlete agent in any state;
    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. Engaged in conduct that adversely reflects on the applicant's credibility, honesty, or integrity.
  3. In making a determination under subsection (b), the secretary of state shall consider:
    1. How recently the conduct occurred;
    2. The nature of the conduct and the context in which it occurred; and
    3. Other relevant conduct of the applicant.
  4. 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 under penalty of perjury and include current information on all matters required in an original application for registration.
  5. 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. The registration requirements of the other state are substantially similar to or more restrictive than this part; and
    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.
  6. A certificate of registration or renewal of registration under this part is valid for two (2) years.
  7. Any registration pursuant to this part shall automatically expire, without notice, on the expiration date set forth on the registration.
  8. A certificate of registration issued to an athlete agent is not transferable.
    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. Information concerning any criminal conviction reported pursuant to § 49-7-2105(a)(9);
      2. 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. Information concerning denial, suspension, or revocation of registration or licensure reported pursuant to § 49-7-2105(a)(16).
    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. 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.

Acts 2017, ch. 216, § 1.

Compiler's Notes. Former part 21, §§ 49-7-210149-7-2123 (Acts 2001, ch. 342, § 1; 2011, ch. 424, §§ 1-11; Acts 2012, ch. 519, § 3; T.C.A., § 49-7-212249-7-2144), concerning the  Athlete Agent Reform Act of 2011, was repealed by Acts 2017, ch. 216, § 1 which enacted a new part 21, effective September 1, 2017.

Cross-References. Penalty for Class D felony, § 40-35-111.

49-7-2107. Suspension, revocation, or refusal to renew registration.

  1. 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).
  2. 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).
  3. 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.

Acts 2017, ch. 216, § 1.

Compiler's Notes. Former part 21, §§ 49-7-210149-7-2123 (Acts 2001, ch. 342, § 1; 2011, ch. 424, §§ 1-11; Acts 2012, ch. 519, § 3; T.C.A., § 49-7-212249-7-2144), concerning the  Athlete Agent Reform Act of 2011, was repealed by Acts 2017, ch. 216, § 1 which enacted a new part 21, effective September 1, 2017.

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.

Acts 2017, ch. 216, § 1.

Compiler's Notes. Former part 21, §§ 49-7-210149-7-2123 (Acts 2001, ch. 342, § 1; 2011, ch. 424, §§ 1-11; Acts 2012, ch. 519, § 3; T.C.A., § 49-7-212249-7-2144), concerning the  Athlete Agent Reform Act of 2011, was repealed by Acts 2017, ch. 216, § 1 which enacted a new part 21, effective September 1, 2017.

49-7-2109. Registration and renewal fees.

  1. An application for registration or renewal of registration as an athlete agent must be accompanied by a fee in the following amount:
    1. Five hundred dollars ($500) for an initial application for registration;
    2. Five hundred dollars ($500) for registration based on a certificate of registration issued by another state;
    3. Two hundred dollars ($200) for an application for renewal of registration; or
    4. Two hundred dollars ($200) for renewal of registration based on a renewal of registration in another state.
  2. 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.
  3. All fees collected pursuant to this part shall be used by the secretary of state to defray the costs of administering this part.
  4. In addition to the fees provided in subsection (a), an athlete agent, registered pursuant to this part, is subject to § 67-4-1702 [See Compiler's Notes.].

Acts 2017, ch. 216, § 1.

Compiler's Notes. Former part 21, §§ 49-7-210149-7-2123 (Acts 2001, ch. 342, § 1; 2011, ch. 424, §§ 1-11; Acts 2012, ch. 519, § 3; T.C.A., § 49-7-212249-7-2144), concerning the Athlete Agent Reform Act of 2011, was repealed by Acts 2017, ch. 216, § 1 which enacted a new part 21, effective September 1, 2017.

The reference in subsection (d) to 67-4-1702 is no longer applicable pursuant to the amendment of that section by Acts 2019, ch. 478, § 1.

49-7-2110. Required form of agency contract.

  1. 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.
  2. An agency contract shall contain:
    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. 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. 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. A description of any expenses that the student athlete agrees to reimburse;
    5. A description of the services to be provided to the student athlete;
    6. The duration of the contract;
    7. The address of the athlete agent to which notices, including notice of cancellation pursuant to § 49-7-2112, shall be sent; and
    8. The date of execution.
  3. Subject to subsection (g), an agency contract must contain a conspicuous notice in boldface type and in substantially the following form:

    WARNING TO STUDENT-ATHLETE IF YOU SIGN THIS CONTRACT:

    1. YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT ATHLETE IN YOUR SPORT;
    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
    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.
  4. 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.
  5. 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.
  6. 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).
  7. 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.
  8. Any contract executed pursuant to this section shall be governed by the laws of this state.

Acts 2017, ch. 216, § 1.

Compiler's Notes. Former part 21, §§ 49-7-210149-7-2123 (Acts 2001, ch. 342, § 1; 2011, ch. 424, §§ 1-11; Acts 2012, ch. 519, § 3; T.C.A., § 49-7-212249-7-2144), concerning the Athlete Agent Reform Act of 2011, was repealed by Acts 2017, ch. 216, § 1 which enacted a new part 21, effective September 1, 2017.

49-7-2111. Notice to educational institution.

  1. 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.
  2. 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.
  3. A copy of the notice required pursuant to subsection (b) must be provided to the educational institution's general counsel.
  4. 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.
  5. 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.
  6. A copy of the notice required pursuant to subsection (e) must be provided to the educational institution's general counsel.
  7. 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.
  8. 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.
  9. A copy of the notice required pursuant to subsection (h) must be provided to the educational institution's general counsel.
  10. 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.
  11. 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. 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. The agent directly or indirectly recruited or solicited the athlete to enter an agency contract before the enrollment.
  12. A copy of the notice required pursuant to subsection (k) must be provided to the educational institution's general counsel.
  13. 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.
  14. 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. 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. 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.
  15. A copy of the notice required pursuant to subsection (n) must be provided to the educational institution's general counsel.
  16. 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.
  17. 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.
  18. A copy of the notice required pursuant to subsection (q) must be provided to the educational institution's general counsel.
  19. 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.
  20. 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.

Acts 2017, ch. 216, § 1.

Compiler's Notes. Former part 21, §§ 49-7-210149-7-2123 (Acts 2001, ch. 342, § 1; 2011, ch. 424, §§ 1-11; Acts 2012, ch. 519, § 3; T.C.A., § 49-7-212249-7-2144), concerning the Athlete Agent Reform Act of 2011, was repealed by Acts 2017, ch. 216, § 1 which enacted a new part 21, effective September 1, 2017.

49-7-2112. Student athlete's right to cancel.

  1. 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.
  2. 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.
  3. 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.

Acts 2017, ch. 216, § 1.

Compiler's Notes. Former part 21, §§ 49-7-210149-7-2123 (Acts 2001, ch. 342, § 1; 2011, ch. 424, §§ 1-11; Acts 2012, ch. 519, § 3; T.C.A., § 49-7-212249-7-2144), concerning the Athlete Agent Reform Act of 2011, was repealed by Acts 2017, ch. 216, § 1 which enacted a new part 21, effective September 1, 2017.

49-7-2113. Required records.

  1. An athlete agent shall create and retain for five (5) years from the time of entering an agency contract records of the following:
    1. The name and address of each individual represented by the agent;
    2. Each agency contract entered into by the agent; and
    3. The direct costs incurred by the agent in the recruitment or solicitation of each student athlete to enter into an agency contract.
  2. Records described in subsection (a) are open to inspection by the secretary of state or the secretary's designee during normal business hours.

Acts 2017, ch. 216, § 1.

Compiler's Notes. Former part 21, §§ 49-7-210149-7-2123 (Acts 2001, ch. 342, § 1; 2011, ch. 424, §§ 1-11; Acts 2012, ch. 519, § 3; T.C.A., § 49-7-212249-7-2144), concerning the Athlete Agent Reform Act of 2011, was repealed by Acts 2017, ch. 216, § 1 which enacted a new part 21, effective September 1, 2017.

49-7-2114. Prohibited conduct.

  1. 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. Give any materially false or misleading information or make a materially false promise or representation;
    2. Furnish anything of value to a student athlete before the student athlete enters into the agency contract; or
    3. Furnish anything of value to any individual other than the student athlete or another registered athlete agent.
  2. 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. 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. Fail to create or retain or to permit inspection of the records required by § 49-7-2113;
    3. Fail to register when required by § 49-7-2105;
    4. Provide materially false or misleading information in an application for registration or renewal of registration;
    5. Predate or postdate an agency contract; or
    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.
  3. An athlete agent shall not:
    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. 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. Fail to provide proof of registration to any student athlete whom the athlete agent contacts.
  4. 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. 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. Of a type authorized to be paid by a certified athlete agent by the national association that certified the agent; and
    3. For a purpose authorized by the national association that certified the agent.

Acts 2017, ch. 216, § 1; 2019, ch. 67, § 2.

Compiler's Notes. Former part 21, §§ 49-7-210149-7-2123 (Acts 2001, ch. 342, § 1; 2011, ch. 424, §§ 1-11; Acts 2012, ch. 519, § 3; T.C.A., § 49-7-212249-7-2144), concerning the Athlete Agent Reform Act of 2011, was repealed by Acts 2017, ch. 216, § 1 which enacted a new part 21, effective September 1, 2017.

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.

Acts 2017, ch. 216, § 1.

Compiler's Notes. Former part 21, §§ 49-7-210149-7-2123 (Acts 2001, ch. 342, § 1; 2011, ch. 424, §§ 1-11; Acts 2012, ch. 519, § 3; T.C.A., § 49-7-212249-7-2144), concerning the Athlete Agent Reform Act of 2011, was repealed by Acts 2017, ch. 216, § 1 which enacted a new part 21, effective September 1, 2017.

Cross-References. Penalty for Class E felony, § 40-35-111.

49-7-2116. Civil remedy.

  1. 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. 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. Suffers financial damage.
  2. 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.
  3. 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.

Acts 2017, ch. 216, § 1.

Compiler's Notes. Former part 21, §§ 49-7-210149-7-2123 (Acts 2001, ch. 342, § 1; 2011, ch. 424, §§ 1-11; Acts 2012, ch. 519, § 3; T.C.A., § 49-7-212249-7-2144), concerning the Athlete Agent Reform Act of 2011, was repealed by Acts 2017, ch. 216, § 1 which enacted a new part 21, effective September 1, 2017.

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.

Acts 2017, ch. 216, § 1.

Compiler's Notes. Former part 21, §§ 49-7-210149-7-2123 (Acts 2001, ch. 342, § 1; 2011, ch. 424, §§ 1-11; Acts 2012, ch. 519, § 3; T.C.A., § 49-7-212249-7-2144), concerning the Athlete Agent Reform Act of 2011, was repealed by Acts 2017, ch. 216, § 1 which enacted a new part 21, effective September 1, 2017.

NOTES TO DECISIONS

1. Penalties Upheld.

Record supported the penalties imposed against the agent; he failed to exercise due diligence in determining whether Tennessee had a registration requirement for athlete agents and took a calculated risk that he would not get caught in his representation of the student, and the sanctions and costs were within the scope of the Athlete Agent Reform Act. Sloane v. Tenn. Dep't of State, — S.W.3d —, 2019 Tenn. App. LEXIS 488 (Tenn. Ct. App. Oct. 3, 2019).

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.

Acts 2017, ch. 216, § 1.

Compiler's Notes. Former part 21, §§ 49-7-210149-7-2123 (Acts 2001, ch. 342, § 1; 2011, ch. 424, §§ 1-11; Acts 2012, ch. 519, § 3; T.C.A., § 49-7-212249-7-2144), concerning the Athlete Agent Reform Act of 2011, was repealed by Acts 2017, ch. 216, § 1 which enacted a new part 21, effective September 1, 2017.

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)).

Acts 2017, ch. 216, § 1.

Compiler's Notes. Former part 21, §§ 49-7-210149-7-2123 (Acts 2001, ch. 342, § 1; 2011, ch. 424, §§ 1-11; Acts 2012, ch. 519, § 3; T.C.A., § 49-7-212249-7-2144), concerning the Athlete Agent Reform Act of 2011, was repealed by Acts 2017, ch. 216, § 1 which enacted a new part 21, effective September 1, 2017.

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.

Acts 2017, ch. 216, § 1.

Compiler's Notes. Former part 21, §§ 49-7-210149-7-2123 (Acts 2001, ch. 342, § 1; 2011, ch. 424, §§ 1-11; Acts 2012, ch. 519, § 3; T.C.A., § 49-7-212249-7-2144), concerning the Athlete Agent Reform Act of 2011, was repealed by Acts 2017, ch. 216, § 1 which enacted a new part 21, effective September 1, 2017.

49-7-2121. Eligibility — Impairment of contract.

Nothing in this part:

  1. Prevents a student athlete from relinquishing the athlete's eligibility to compete in intercollegiate sports and then signing an agency contract; or
  2. Impairs the validity of an agency contract entered into prior to July 1, 2001.

Acts 2017, ch. 216, § 1.

Compiler's Notes. Former part 21, §§ 49-7-210149-7-2123 (Acts 2001, ch. 342, § 1; 2011, ch. 424, §§ 1-11; Acts 2012, ch. 519, § 3; T.C.A., § 49-7-212249-7-2144), concerning the Athlete Agent Reform Act of 2011, was repealed by Acts 2017, ch. 216, § 1 which enacted a new part 21, effective September 1, 2017.

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.

Acts 2017, ch. 216, § 1.

Compiler's Notes. Former part 21, §§ 49-7-210149-7-2123 (Acts 2001, ch. 342, § 1; 2011, ch. 424, §§ 1-11; Acts 2012, ch. 519, § 3; T.C.A., § 49-7-212249-7-2144), concerning the Athlete Agent Reform Act of 2011, was repealed by Acts 2017, ch. 216, § 1 which enacted a new part 21, effective September 1, 2017.

49-7-2123. Violation — Cease and desist order — Civil penalty — Final order enforcement.

  1. 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. 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. 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. Take any other action permitted under this part.
  2. 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.
  3. 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.
  4. 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.
  5. 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.

Acts 2017, ch. 216, § 1.

Compiler's Notes. Former part 21, §§ 49-7-210149-7-2123 (Acts 2001, ch. 342, § 1; 2011, ch. 424, §§ 1-11; Acts 2012, ch. 519, § 3; T.C.A., § 49-7-212249-7-2144), concerning the Athlete Agent Reform Act of 2011, was repealed by Acts 2017, ch. 216, § 1 which enacted a new part 21, effective September 1, 2017.

49-7-2124. Athletic scholarship — Influence to accept — Disclosure of relationship with institution — Violation — Penalty.

  1. 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.
  2. 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.
  3. 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.
  4. 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.

Acts 2017, ch. 216, § 1.

Compiler's Notes. Former part 21, §§ 49-7-210149-7-2123 (Acts 2001, ch. 342, § 1; 2011, ch. 424, §§ 1-11; Acts 2012, ch. 519, § 3; T.C.A., § 49-7-212249-7-2144), concerning the Athlete Agent Reform Act of 2011, was repealed by Acts 2017, ch. 216, § 1 which enacted a new part 21, effective September 1, 2017.

Cross-References. Penalty for Class E felony, § 40-35-111.

49-7-2125. Student loan default—Suspension, denial, and revocation of registration.

  1. As used in this section, unless the context otherwise requires:
    1. “Guarantee agency” means a guarantor of student loans that has an agreement with the United States secretary of education; and
    2. “TSAC” means the Tennessee student assistance corporation.
    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. 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.
    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.
      1. 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. Be served upon the debtor personally or by certified mail with return receipt requested; and
        2. State that the debtor's registration shall be suspended, denied, or revoked ninety (90) days after service unless within that time the debtor:
          1. Pays the entire debt stated in the notice;
          2. 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. Requests and qualifies for deferment, forbearance, or other satisfactory compliance; or
          4. Requests a hearing before TSAC or the guarantee agency.
      2. 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. 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. The amount of the debt, if any;
        2. Whether the debtor is delinquent or in default;
        3. Whether the debtor:
          1. Has entered into a payment plan or service obligation approved by TSAC or the guarantee agency;
          2. Is willing to enter into a payment plan or service obligation approved by TSAC or the guarantee agency; or
          3. Is willing to comply with a payment plan or service obligation previously entered into and approved by TSAC or the guarantee agency;
        4. Whether the debtor is eligible for deferment, forbearance, or other satisfactory compliance; and
        5. 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. 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. 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.
        1. 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. 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.
      6. 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.
  2. 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.

Acts 2017, ch. 216, § 1; 2018, ch. 744, §§ 5, 6.

Compiler's Notes. Former part 21, §§ 49-7-210149-7-2123 (Acts 2001, ch. 342, § 1; 2011, ch. 424, §§ 1-11; Acts 2012, ch. 519, § 3; T.C.A., § 49-7-212249-7-2144), concerning the Athlete Agent Reform Act of 2011, was repealed by Acts 2017, ch. 216, § 1 which enacted a new part 21, effective September 1, 2017.

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.”

Acts 1989, ch. 317, § 1.

49-7-2202. Part definitions.

As used in this part, unless the context otherwise requires:

  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. “Student housing” means all residence halls and sorority and fraternity residences owned or under the control of the institution of higher education.

Acts 1989, ch. 317, § 2; 1992, ch. 656, § 1; 2005, ch. 305, § 3; 2006, ch. 757, § 1; 2013, ch. 473, § 19.

49-7-2203. Reporting of crime statistics.

  1. 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. 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.
  2. 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.
  3. 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. The number of undergraduate and graduate students enrolled;
    2. The number of undergraduate and graduate students living in student housing;
    3. The total number of nonstudent employees working on the campus;
    4. The administrative office responsible for security on the campus;
    5. A description of the type and number of security personnel utilized by the institution, including a description of their training;
    6. The enforcement authority of security personnel, including their working relationship with state and local law enforcement agencies;
    7. Policy on reporting criminal incidents to state and local law enforcement agencies;
    8. Policy regarding access to institutional facilities and programs by students, employees, guests and other individuals;
    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. A statement of policy regarding the possession, use and sale of alcoholic beverages;
    11. A statement of policy regarding the possession, use and sale of illegal drugs;
    12. A statement of policy regarding the possession and use of weapons by security personnel and any other person;
    13. Any policy regarding students or employees with criminal records;
    14. Security considerations used in the maintenance of campus facilities, including landscaping, groundskeeping and outdoor lighting; and
    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.
  4. Institutions that maintain student housing facilities shall include in the information described in subsection (c) the following:
    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. Policies on housing assignments and requests by students for assignment changes;
    3. Policies concerning the identification and admission of visitors in student housing facilities;
    4. Measures to secure entrances to student housing facilities;
    5. Standard security features used to secure doors and windows in students' rooms;
    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. The type and frequency of programs designed to inform student housing residents about housing security and enforcement procedures;
    8. Policy and any special security procedures for housing students during low-occupancy periods such as holidays and vacation periods; and
    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.

Acts 1989, ch. 317, § 3; 1990, ch. 1024, § 26; 2006, ch. 757, § 2.

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.

Acts 1989, ch. 317, § 4.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

49-7-2205. Compilation of crime statistics — Distribution of annual report.

  1. 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 committees of the house of representatives.
    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. The crime statistics shall specifically include crime data compilations for crimes involving the unlawful possession or sale of controlled substances and controlled substance analogues.

Acts 1989, ch. 317, § 5; 1993, ch. 354, § 1; 2002, ch. 748, § 1; 2012, ch. 848, § 45; 2013, ch. 236, § 74; 2015, ch. 182, § 73; 2019, ch. 345, § 118.

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.

Acts 1993, ch. 354, § 2.

49-7-2207. Reporting of students — Exception.

  1. 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.
  2. 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.

Acts 2000, ch. 542, § 1; 2005, ch. 305, § 2.

Cross-References. Penalty for Class A misdemeanor, § 40-35-111.

Part 23
Higher Education During Military Service

49-7-2301. Military reserve and national guard personnel.

  1. 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).
  2. 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.
  3. 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.

Acts 1991, ch. 151, § 1; 2018, ch. 647, § 2.

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.

Acts 1991, ch. 151, § 2.

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.

Acts 1991, ch. 151, § 3.

Cross-References. Tennessee higher education commission, title 49, ch. 7, part 2.

49-7-2304. Tuition and fees charged to military reserve and national guard personnel who are mobilized for service.

  1. 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.
  2. 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.
  3. 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.

Acts 2007, ch. 506, § 1.

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.

Acts 2018, ch. 647, § 1.

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.”

Acts 2017, ch. 336, § 2.

Code Commission Notes.

Former § 49-6-2401 (Acts 1991, ch. 445, § 2), concerning the definition of “institution of higher education,” was deleted as obsolete by authority of the code commission in 2013, due to the repeal of § 49-7-2402 by Acts 2011, ch. 297, § 10, effective May 27, 2011.

Compiler's Notes. Acts 2017, ch. 336, § 10 provided that the governing body of each public institution of higher education in this state is authorized to promulgate rules to effectuate the purposes of the act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

49-7-2402. Applicability of part.

The requirements of this part shall apply to every public institution of higher education in this state.

Acts 2017, ch. 336, § 3.

Compiler's Notes. Former § 49-7-2402 concerned accounting for student activity fees by higher education institutions.

Acts 2017, ch. 336, § 10 provided that the governing body of each public institution of higher education in this state is authorized to promulgate rules to effectuate the purposes of the act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

49-7-2403. Legislative findings and declaration — Legislative intent.

  1. 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.
  2. 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.
  3. 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.
  4. 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.

Acts 2017, ch. 336, § 4.

Compiler's Notes. Acts 2017, ch. 336, § 10 provided that the governing body of each public institution of higher education in this state is authorized to promulgate rules to effectuate the purposes of the act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

49-7-2404. Part definitions.

As used in this part, unless the context requires otherwise:

  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. “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. “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. “Institution” means an institution of public higher education in this state; and
  5. “Student” means:
    1. An individual currently enrolled in a course of study at the institution; and
    2. 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.

Acts 2017, ch. 336, § 5.

Compiler's Notes. Acts 2017, ch. 336, § 10 provided that the governing body of each public institution of higher education in this state is authorized to promulgate rules to effectuate the purposes of the act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

49-7-2405. Policy regarding free speech.

  1. 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. Students have a fundamental constitutional right to free speech;
    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. 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. 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. 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. 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. 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. 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. 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. 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. An institution shall maintain the generally accessible, open, outdoor areas of its campus as traditional public forums for free speech by students;
    12. An institution shall not restrict students' free speech only to particular areas of the campus, sometimes known as “free speech zones” ;
    13. An institution shall not deny student activity fee funding to a student organization based on the viewpoints that the student organization advocates;
    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. 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. 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. 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.
  2. 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. Published annually in the institution's student handbook and faculty handbook, whether paper or electronic;
    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. Sent annually to students and employees to their institutionally-provided email address; or
    4. Addressed by the institution in orientation programs for new students and new faculty.
  3. 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.

Acts 2017, ch. 336, § 6.

Compiler's Notes. Acts 2017, ch. 336, § 10 provided that the governing body of each public institution of higher education in this state is authorized to promulgate rules to effectuate the purposes of the act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

49-7-2406. Policy on student-to-student harassment.

  1. 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).
  2. 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.

Acts 2017, ch. 336, § 7.

Compiler's Notes. Acts 2017, ch. 336, § 10 provided that the governing body of each public institution of higher education in this state is authorized to promulgate rules to effectuate the purposes of the act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

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.

Acts 2017, ch. 336, § 8.

Compiler's Notes. Acts 2017, ch. 336, § 10 provided that the governing body of each public institution of higher education in this state is authorized to promulgate rules to effectuate the purposes of the act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

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. Constitutional time, place, and manner restrictions;
  2. Reasonable and viewpoint-neutral restrictions in nonpublic forums;
  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. 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. Content restrictions on speech that are reasonably related to a legitimate pedagogical purpose, such as classroom rules enacted by faculty.

Acts 2017, ch. 336, § 9.

Compiler's Notes. Acts 2017, ch. 336, § 10 provided that the governing body of each public institution of higher education in this state is authorized to promulgate rules to effectuate the purposes of the act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

49-7-2701. Establishment and operation of clinical and dispensary programs in speech pathology, speech therapy and audiology in state colleges and universities.

  1. 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.
  2. 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.
  3. 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 committee of the house of representatives. The report shall contain the following information relative to the prior year:
    1. The number of patients served;
    2. The number of patient-contact hours for which students received credit;
    3. The number of billed patient hours;
    4. The number of hearing aids dispensed to patients; and
    5. The revenues from clinical and dispensing operations.

Acts 2011, ch. 291, § 1; 2015, ch. 182, § 74; 2019, ch. 345, § 119.

Code Commission Notes.

Acts 2011, ch. 410, § 4(dd) purported to amend § 49-7-2702 effective July 1, 2011. Since Acts 2011, ch. 291, § 1 deleted § 49-7-2702 effective July 1, 2011, the amendment by ch. 410 was not given effect.

Compiler's Notes. Former part 27, §§ 49-7-270149-7-2703 (Acts 1993, ch. 464, §§ 2-4), concerning hearing aids, was repealed and replaced by Acts 2011, ch. 291, § 1, effective July 1, 2011.

Part 28
[Reserved]

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.

Acts 2003, ch. 324, § 1.

49-7-2902. Part definitions.

As used in this part, unless the context otherwise requires:

  1. “Commission” means the Tennessee higher education commission;
  2. “Commissioner” means the commissioner of economic and community development;
  3. “Department” means the department of economic and community development;
  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. “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. “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.

Acts 2003, ch. 324, § 1.

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.

Acts 2003, ch. 324, § 1.

49-7-2904. Accomplishment of objectives — Memorandum of cooperation.

  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 consortium and the partnership to accomplish their respective and mutual key objectives.
  2. 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.

Acts 2003, ch. 324, § 1.

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.

Acts 2003, ch. 324, § 1.

Part 30
Higher Education Financial Accountability

49-7-3001. Risk-based internal financial audits.

  1. 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.
  2. 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.
  3. 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.
  4. 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.

Acts 2004, ch. 768, § 1; 2010, ch. 891, § 3; 2017, ch. 28, §§ 2, 3.

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.

Acts 2004, ch. 768, § 1; 2017, ch. 28, § 4.

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.

Acts 2004, ch. 768, § 1; 2017, ch. 28, § 5.

49-7-160. Observances for Veterans Day on campuses of public higher education institutions.

49-7-1306. Designation of VETS campuses.

Chapter 8
State University and Community College System

Part 1
General Provisions

49-8-101. System established.

    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.
      1. 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. 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. 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.
      1. 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. 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.
  1. 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.
    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. 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. 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. 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. 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. 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. This subsection (c) shall be fully implemented no later than July 1, 2012.
  2. 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. Characterize distinctiveness in degree offerings by level, focus, and student characteristics, including, but not limited to, nontraditional students and part-time students; and
    2. Address institutional accountability for the quality of instruction, student learning, and, when applicable, research and public service to benefit Tennessee citizens.
  3. Nothing contained in this section shall prohibit any institution from pursuing research and related activities that are consistent with the institution's mission.

Acts 1972, ch. 838, § 1; 1973, ch. 80, §§ 2, 4; 1973, ch. 200, § 1; 1983, ch. 181, § 3; T.C.A., § 49-3236; Acts 1994, ch. 538, § 2; 1994, ch. 685, § 3; 1999, ch. 510, § 1; 2002, ch. 618, § 1; 2009, ch. 352, § 1; 2010 (1st Ex. Sess.), ch. 3, § 8; 2013, ch. 473, § 7; 2016, ch. 869, §§ 1, 2; 2018, ch. 877, § 1.

Compiler's Notes. Section 49-8-901 provides that, effective July 1, 1988, the State Technical Institute in Knoxville established pursuant to this section, and the Oak Ridge Branch of the Roane State Community College shall become one institution named the Pellissippi State Technical Community College (now Pellissippi State Community College).

Acts 2002, ch. 618, § 3 provided that:

“Any one-time expenditures of funds required by the conversion of Nashville State Technical Institute to Nashville State Technical Community College (for example, signage on campus, stationery, etc.) shall be from existing institutional funds.” (The Nashville State Technical Community College has been renamed the Nashville State Community College.)

Acts 2009, ch. 352, § 7 provided that any one-time expenditure of funds required by the name conversion of the Chattanooga State Technical Community College, Pellissippi State Technical Community College, Northeast State Technical Community College, Nashville State Technical Community College and Southwest Tennessee Community College by that act shall be from existing institutional funds.

Acts 2010 (1st Ex. Sess.), ch. 3, § 1 provided that the act shall be known and may be cited as the “Complete College Tennessee Act of 2010.”

Acts 2016, ch. 869, § 33 provided that the state university boards are authorized to promulgate rules to effectuate the purposes of this act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

The board of trustees of Austin Peay State University, East Tennessee State University, Middle Tennessee State University, Tennessee State University, Tennessee Technological University and University of Memphis,  created by this section and § 49-8-201, terminate June 30, 2021. See §§ 4-29-112, 4-29-242.

Cross-References. General assembly authorized to establish and support postsecondary educational institutions, Tenn. Const. art. XI, § 12.

Vocational school, institution of higher learning, tuition reduction for children of state employees, § 8-50-115.

Law Reviews.

Education and the Court: The Supreme Court's Educational Ideology, 40 Vand. L. Rev. 939 (1987).

Attorney General Opinions. Authority of board of regents to expand technical institute degree programs, OAG 98-008, 1998 Tenn. AG LEXIS 8 (1/9/98).

Proposed name change of Middle Tennessee State University, OAG 98-078, 1998 Tenn. AG LEXIS 78 (4/6/98).

Media credential policies adopted by state universities.  OAG 10-60, 2010 Tenn. AG LEXIS 60 (4/29/10).

The Focus on College and University Success (“FOCUS”) Act does not amend or alter the Government Employees Deferred Compensation Plan Act with respect to the eligibility of employees of state universities in Tennessee’s state university and community college system to participate in the board of regents’ 403(b) plan.  OAG 17-33, 2017 Tenn. AG LEXIS 33 (6/13/2017).

49-8-102. Admissions generally.

    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. With respect to nonresidents, subdivision (a)(1) applies only to Austin Peay State University and the University of Memphis.
    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. 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.
  1. 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. The nonresidents admitted at in-state tuition rates shall not exceed three percent (3%) of the full-time equivalent attendance of the institution;
    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. 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. 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.

Acts 1925, ch. 115, § 16; Shan. Supp., §§ 1487a107, 1487a111; Acts 1927, ch. 50, § 3; mod. Code 1932, §§ 2399, 2403; Acts 1949, ch. 286, § 1; C. Supp. 1950, § 2399; modified; Acts 1959, ch. 185, § 1; 1973, ch. 144, § 1; 1974, ch. 522, §§ 1, 2, 5; T.C.A. (orig. ed.), §§ 49-3203, 49-3211; Acts 1987, ch. 342, § 1; 1989, ch. 562, § 1; 2002, ch. 595, § 1; 2015, ch. 447, § 1; 2016, ch. 869, § 4.

Compiler's Notes. Acts 2016, ch. 869, § 33 provided that the state university boards are authorized to promulgate rules to effectuate the purposes of this act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Attorney General Opinions. House Bill 660/Senate Bill 635, 110th Gen. Assem. (2017), which would grant the governing body of each state institution of higher education the authority “to determine the qualifications that students must possess to be eligible for payment of in-state tuition and fees,” would not permit individual state institutions of higher education to make unlawful aliens eligible for in-state tuition. That action would remain prohibited by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 8 U.S.C. § 1621. Accordingly, the proposed legislation would not implicate or affect other provisions of federal or state law related to unlawful aliens or postsecondary education benefits, including the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. § 1623, and the Hope Scholarship, and Tennessee Promise programs. OAG 17-53, 2017 Tenn. AG LEXIS 55 (12/6/2017).

Cross-References. Tuition-free courses for full-time university and college employees, § 49-7-116.

49-8-103. [Reserved.]

  1. 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.
    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. Graduated from a Tennessee public secondary school;
      2. Graduated from a private secondary school that is located in this state; or
      3. Earned a Tennessee high school equivalency diploma.
    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.

Acts 1959, ch. 118, § 1; 1973, ch. 144, § 3; T.C.A., § 49-3224; Acts 2014, ch. 745, § 1; 2016, ch. 869, § 6.

Compiler's Notes. Acts 2014, ch. 745 § 3 provided that the act, which added subsection (b), shall apply to academic year 2014-2015 and all years thereafter.

Acts 2016, ch. 869, § 33 provided that the state university boards are authorized to promulgate rules to effectuate the purposes of this act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Law Reviews.

Constitutional Law — Equal Protection — Statute Providing That Nonresident Status of Student, Established at Time of Admission, Should Be His Status for Duration of Attendance Is Invalid in Denying Nonresident Equal Protection of Laws, 3 Memphis State U. L. Rev. 370.

Attorney General Opinions. House Bill 660/Senate Bill 635, 110th Gen. Assem. (2017), which would grant the governing body of each state institution of higher education the authority “to determine the qualifications that students must possess to be eligible for payment of in-state tuition and fees,” would not permit individual state institutions of higher education to make unlawful aliens eligible for in-state tuition. That action would remain prohibited by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 8 U.S.C. § 1621. Accordingly, the proposed legislation would not implicate or affect other provisions of federal or state law related to unlawful aliens or postsecondary education benefits, including the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. § 1623, and the Hope Scholarship, and Tennessee Promise programs. OAG 17-53, 2017 Tenn. AG LEXIS 55 (12/6/2017).

49-8-105. Training schools for practice teachers.

  1. 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.
  2. Each institution, acting through its governing board, is authorized to contract with the county or city board of education in the county or city in which the college or university is located to provide for 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 county or city board of education as a result of this contract for the operation of the school, including per capita allocations, equalization funds, capital outlay funds, textbook funds, and any other funds that may be allocated for the operation of public schools of this state. The control of the training school shall be wholly under the direction of the respective institution.
  3. 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.
  4. 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.

Acts 1925, ch. 115, § 16; Shan. Supp. § 1487a109; Code 1932, § 2401; Acts 1961, ch. 58, § 1; Acts 1973, ch. 144, § 2; T.C.A. (orig. ed.), § 49-3204; Acts 2016, ch. 869, § 7.

Compiler's Notes. Acts 2016, ch. 869, § 33 provided that the state university boards are authorized to promulgate rules to effectuate the purposes of this act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

NOTES TO DECISIONS

1. University School.

University School, which was a joint venture of both county school system and state university, was not a training school under Tenn. Code Ann. § 49-8-105 or a county school system school under Tenn. Code Ann. § 49-3-314. Reed v. Washington County Bd. of Education, 756 S.W.2d 250, 1988 Tenn. LEXIS 164 (Tenn. 1988).

49-8-106. Reserve officer training.

  1. 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.
  2. 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.
  3. Nothing in § 49-3-1106 shall limit the authority conferred in this section.
  4. 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.

Acts 1951, ch. 48, § 1 (Williams, § 2316); Acts 1973, ch. 144, § 1; T.C.A. (orig. ed.), § 49-3214; Acts 2016, ch. 869, § 8.

Compiler's Notes. Acts 2016, ch. 869, § 33 provided that the state university boards are authorized to promulgate rules to effectuate the purposes of this act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

49-8-107. Fiscal procedures.

    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. 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.
  1. 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.

Acts 1949, ch. 32, § 3; C. Supp. 1950, § 255.24; impl. am. Acts 1957, ch. 4, § 1; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; impl. am. Acts 1963, ch. 67, § 1; impl. am. Acts 1965, ch. 30, §§ 1, 2; Acts 1965, ch. 346, § 1; 1968, ch. 458, § 1; impl. am. Acts 1969, ch. 302, § 1; Acts 1970, ch. 423, § 1; impl. am. Acts 1972, ch. 838, § 1; Acts 1973, ch. 80, § 3; 1973, ch. 144, § 1; 1975, ch. 140, § 1; T.C.A. (orig. ed.), § 49-3215; Acts 1994, ch. 538, § 2; 2016, ch. 869, § 9.

Compiler's Notes. Acts 2016, ch. 869, § 33 provided that the state university boards are authorized to promulgate rules to effectuate the purposes of this act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Cross-References. Deposit of federal grants and bond proceeds, § 49-3-1109.

49-8-108. Attaining university status.

    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. The rules and standards shall take into consideration such factors as variety and depth of instructional programs and the various resources of the institution.
  1. 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.
  2. 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.

Acts 1965, ch. 297, §§ 1-3; 1973, ch. 144, § 1; T.C.A., §§ 49-3229 — 49-3231; Acts 2016, ch. 869, § 10.

Compiler's Notes. Acts 2016, ch. 869, § 33 provided that the state university boards are authorized to promulgate rules to effectuate the purposes of this act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

49-8-109. Student access to facilities and functions.

  1. 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.
  2. 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.
  3. 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.

Acts 1973, ch. 338, §§ 1-3; 1983, ch. 181, § 11; T.C.A., § 49-3248; Acts 1994, ch. 685, § 3; 2013, ch. 473, § 20.

49-8-110. Student activity fee increases.

  1. 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.
  2. 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.
  3. 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.
    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. The increased portion shall be used for student projects, student activities and student scholarships.
    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.

Acts 1978, ch. 606, § 1; T.C.A., § 49-3263; Acts 1997, ch. 294, § 1.

49-8-111. Powers regarding property.

  1. 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. 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. The state building commission approves of the sale or conveyance; and
    3. The college or university obtains certified appraisals of the land from two (2) recognized real estate appraisers in the locality of the college or university.
  2. The receipts from the sale or conveyance shall be deposited in the capital outlay fund of the selling college or university.
  3. Subsections (a) and (b) do not apply to the University of Tennessee system.
    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. 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 committee of the house of representatives.

Acts 1973, ch. 408, § 1; T.C.A., § 49-3249; Acts 1994, ch. 906, §§ 1, 2; 2011, ch. 410, § 4(ee); 2015, ch. 182, § 75; 2016, ch. 869, § 11; 2019, ch. 345, § 120.

Compiler's Notes. For the Preamble to the act concerning the prohibition against establishment of a special committee if there is a standing committee on the same subject, please refer to Acts 2011, ch. 410.

Acts 2016, ch. 869, § 33 provided that the state university boards are authorized to promulgate rules to effectuate the purposes of this act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

49-8-112. Employees — Accrual of leave.

  1. 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.
  2. 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.

Acts 1975, ch. 288, § 1; T.C.A., § 49-3254; Acts 2016, ch. 869, § 12.

Compiler's Notes. Acts 2016, ch. 869, § 33 provided that the state university boards are authorized to promulgate rules to effectuate the purposes of this act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

49-8-113. Monthly payment for dormitory and cafeteria services.

    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. 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.
  1. 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. 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. 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.

Acts 1983, ch. 351, § 1; T.C.A., § 49-3266; Acts 2016, ch. 869, § 13.

Compiler's Notes. Acts 2016, ch. 869, § 33 provided that the state university boards are authorized to promulgate rules to effectuate the purposes of this act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Law Reviews.

Selected Tennessee Legislation of 1983 (N. L. Resener, J. A. Whitson, K. J. Miller), 50 Tenn. L. Rev. 785 (1983).

49-8-114. Contracts — Small businesses — Minority owned businesses.

  1. 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.
  2. 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.

Acts 1987, ch. 354, § 2; 1989, ch. 375, § 2; 1993, ch. 488, § 4; 1994, ch. 767, § 3; 1994, ch. 981, § 2.

Cross-References. Local education associations, contracts with small businesses and minority owned businesses, § 49-3-322.

Law Reviews.

The Future of Affirmative Action in Tennessee (M. Jill Austin and Lara Womack), 35 No. 7 Tenn. B.J. 12 (1999).

49-8-115. [Repealed.]

Acts 1991, ch. 168, § 1; 2016, ch. 869, § 14; repealed by Acts 2018, ch. 980, § 12, effective July 1, 2018.

Compiler's Notes. Former § 49-8-115 concerned the appointment of administrative judges and hearing officers.

49-8-116. Trenton community college facility.

  1. 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.
  2. 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.

Acts 1993, ch. 114, § 1; 1994, ch. 769, § 1.

49-8-117. Support staff — Grievance procedure.

    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. “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. 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. Employees using or involved in the grievance procedure shall be entitled to pursue their grievances without fear, restraint, interference, discrimination or reprisal.
    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. “Grievance” means a complaint about one (1) or more of the following matters:
      1. Demotion, suspension without pay or termination for cause; or
      2. Work assignments or conditions of work that violate statute or policy.
    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. 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. The grievance procedure shall include no more than four (4) steps to finality.
    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. 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. The grievant and any material witnesses shall be allowed to testify fully at every step in the grievance procedure.
    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. 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.
  1. 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 committee of the house of representatives summarizing grievance activities of the previous year.
  2. Each institution shall include information regarding the grievance procedure in employee orientations.

Acts 1993, ch. 301, § 1; 2011, ch. 410, § 4(ff); 2015, ch. 182, § 76; 2016, ch. 869, §§ 15, 16; 2019, ch. 345, § 121.

Code Commission Notes.

Acts 1993 ch. 301, § 1 enacted this section in part 1 of Title 49, Chapter 8. In addition to carrying this section here, in 2016, this section was copied to 49-9-114 by authority of the Code Commission.

Compiler's Notes. For the Preamble to the act concerning the prohibition against establishment of a special committee if there is a standing committee on the same subject, please refer to Acts 2011, ch. 410.

Acts 2016, ch. 869, § 33 provided that the state university boards are authorized to promulgate rules to effectuate the purposes of this act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

NOTES TO DECISIONS

1. Support Staff.

Dean of student affairs at Shelby State Community College was not a support staff employee, but rather a member of the school's administration. Dishmon v. Shelby State Community College, 15 S.W.3d 477, 1999 Tenn. App. LEXIS 685 (Tenn. Ct. App. 1999).

49-8-118. Contracting for vending operations.

  1. 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.
  2. 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.

Acts 1993, ch. 421, § 2.

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.

Acts 2018, ch. 546, § 1.

Part 2
Board of Regents

49-8-201. Composition.

    1. The board shall consist of eighteen (18) 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. The executive director of the higher education commission shall serve as a nonvoting member.
      1. 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. 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. 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. 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.
    3. 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.
    4. The appointed members shall be subject to confirmation by the senate, but appointments shall be effective until adversely acted upon by the senate.
    5. Members shall be eligible for reappointment.
    6. If a vacancy occurs, except by reason of expiration of term, it shall be filled for the remainder of the term.
    7. Each of the two (2) leading political parties shall be represented by at least three (3) appointive members.
    8. At least one (1) of the appointed members shall be under thirty (30) years of age.
    9. 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.
    10. 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.
    11. 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.
    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. 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. The student regent nominees shall be selected in accordance with the following provisions:
        1. 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. One (1) nominee shall be enrolled at the time of nomination as a full-time student at a college of applied technology;
        3. 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;
      1. All nominees for the position of student regent shall be residents of this state; and
      2. 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 (2/3) vote of the quorum shall be required to effect all nominations.
    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).
    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. 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.
  1. 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.
  2. 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.
      1. 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. Eight (8) of the voting state university board members shall be appointed by the governor.
      3. 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. 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. 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. The nonvoting student member shall be appointed by the state university board.
      1. 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. The faculty member shall serve a term of two (2) years.
      3. The nonvoting student member shall serve a term of one (1) year.
    1. 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.
    2. 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.
    3. 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.
    4. 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. Employees of any public institution of higher education; except those faculty members appointed to the board under subdivision (f)(1)(E);
      2. Elected or appointed officials;
      3. State employees; and
      4. Members of a governing body for a public institution of higher education.
      1. 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.
        1. 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. The state university boards thereafter shall meet at least four (4) times each year.
        3. 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.
      1. 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. The board shall adopt by-laws and rules for the organization and conduct of its business.
      3. 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.
  3. 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.

Acts 1972, ch. 838, §§ 2, 5; 1973, ch. 120, § 1; 1975, ch. 13, §§ 1, 2; 1975, ch. 303, § 1; 1976, ch. 806, § 1(70); 1977, ch. 8, § 3; 1978, ch. 548, §§ 1, 2; 1981, ch. 41, § 1; 1983, ch. 56, §§ 1, 2; T.C.A., §§ 49-3237, 49-3240; Acts 1984, ch. 512, § 1; 1984, ch. 712, § 1; 1987, ch. 60, § 1; 1988, ch. 839, § 2; 1988, ch. 1013, § 20; 1992, ch. 710, § 1; 1994, ch. 731, § 3; 1995, ch. 72, § 1; 1995, ch. 250, §§ 1, 2; 2001, ch. 369, § 2; 2010, ch. 891, § 1; 2010, ch. 1051, § 3; 2013, ch. 473, § 21; 2016, ch. 869, §§ 17-19; 2017, ch. 29, §§ 1, 2; 2017, ch. 480, § 1; 2018, ch. 602, § 19; 2018, ch. 703, § 3; 2018, ch. 841, §§ 1, 2.

Code Commission Notes.

Former provisions in subdivision (a)(5) were deleted as obsolete by the code commission in 2009. The provisions read: “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.”

Former subdivision (a)(5), concerning membership by the immediate past commissioner of education for twenty-nine years as of July 1, 1972, was deleted as obsolete by authority of the code commission in 2013.

Compiler's Notes. The state university and community college system, board of regents, created by this section and § 49-8-101, terminates June 30, 2022. See §§ 4-29-112, 4-29-243.

The board of trustees of Austin Peay State University, East Tennessee State University, Middle Tennessee State University, Tennessee State University, Tennessee Technological University and University of Memphis,  created by this section and § 49-8-101, terminate June 30, 2021. See §§ 4-29-112, 4-29-242.

Acts 1999, ch. 510, § 2, provided for the abolition of the State Technical Institute at Memphis and the Shelby State Community College, both established pursuant to § 49-8-101, and the creation of the Community College in Southwest Tennessee (now Southwest Tennessee Community College), and the transfer of assets, powers and responsibilities to the new institution. See title 49, ch. 8, part 12.

Acts 2010, ch. 1051, § 5 provided that the costs of providing streaming video of meetings of the state board of education, the Tennessee higher education commission, the Tennessee board of regents and the board of trustees of the University of Tennessee system shall be absorbed within the existing budget of the respective entity.

Acts 2016, ch. 869, § 33 provided that the state university boards are authorized to promulgate rules to effectuate the purposes of this act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Cross-References. Chairs of excellence, title 49, ch. 7, part 5.

Attorney General Opinions. Validity of actions taken by board of regents where board was improperly composed.  OAG 10-99, 2010 Tenn. AG LEXIS 109 (9/17/10).

49-8-202. Chief executive officer — Staff.

    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. The board shall define the chief executive officer's duties, and within budgetary limitations, fix the chief executive officer's compensation.
    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.
  1. 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.
  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.

Acts 1972, ch. 838, § 3; 1976, ch. 806, § 1(70); T.C.A., § 49-3238; Acts 2016, ch. 869, § 20.

Compiler's Notes. Acts 2016, ch. 869, § 33 provided that the state university boards are authorized to promulgate rules to effectuate the purposes of this act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

49-8-203. Powers and duties.

    1. With respect to the institutions they govern, each state university board and the board of regents has the power to:
      1. 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. 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. 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. 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. 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. 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. 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. 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.
  1. 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.
  2. 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.
  3. 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.
  4. A state university board shall ensure the board's institution remains in compliance with the transfer and articulation provisions of § 49-7-202.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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.
  11. 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 committee of the house of representatives.
  12. 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.

Acts 1972, ch. 838, §§ 4, 6-8, 11; 1979, ch. 116, §§ 1, 2; 1979, ch. 182, § 1; 1983, ch. 181, § 4; T.C.A., §§ 49-3239, 49-3241 — 49-3244; Acts 2016, ch. 869, § 21; 2019, ch. 345, § 122.

Compiler's Notes. Acts 2016, ch. 869, § 33 provided that the state university boards are authorized to promulgate rules to effectuate the purposes of this act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Attorney General Opinions. Authority of board of regents to expand technical institute degree programs, OAG 98-008, 1998 Tenn. AG LEXIS 8 (1/9/98).

The board of regents and the board of trustees each has sufficient power to establish an emeritus program if such program is construed as an employment agreement or a consulting agreement with the participants, but neither has the power to establish an emeritus program if such program is construed as a retirement program, OAG 00-070, 2000 Tenn. AG LEXIS 72 (4/11/00).

A company co-owned by a board member of the Tennessee Board of Regents (“TBR”) is prohibited from bidding as a subcontractor on any contract that is with the TBR institution and must be approved by the TBR. OAG 13-38, 2013 Tenn. AG LEXIS 40 (5/7/13).

Authority of Tennessee Board of Regents and the University of Memphis to enter into Student Housing Affiliation Agreement with LLC to construct and operate residential facility for use of University students, faculty and staff on property adjacent to campus.  OAG 13-91, 2013 Tenn. AG LEXIS 92 (11/20/13).

The Focus on College and University Success (“FOCUS”) Act does not amend or alter the Government Employees Deferred Compensation Plan Act with respect to the eligibility of employees of state universities in Tennessee’s state university and community college system to participate in the board of regents’ 403(b) plan.  OAG 17-33, 2017 Tenn. AG LEXIS 33 (6/13/2017).

NOTES TO DECISIONS

1. Governmental Immunity.

This section is not a waiver of governmental immunity, and thus “responsibility” and “authority” as used in this section do not imply that Memphis State University (now the University of Memphis) could sue or be sued, plead or be impleaded, in any court of law or equity. Long v. Richardson, 525 F.2d 74, 1975 U.S. App. LEXIS 12229 (6th Cir. Tenn. 1975).

49-8-204. Code of ethics — Material violation — Hearing — Vacancy.

  1. 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.
  2. 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.
  3. 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.
  4. 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.

Acts 2003, ch. 327, § 2; 2016, ch. 869, § 22.

Compiler's Notes. Acts 2016, ch. 869, § 33 provided that the state university boards are authorized to promulgate rules to effectuate the purposes of this act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Attorney General Opinions. A company co-owned by a board member of the Tennessee Board of Regents (“TBR”) is prohibited from bidding as a subcontractor on any contract that is with the TBR institution and must be approved by the TBR. OAG 13-38, 2013 Tenn. AG LEXIS 40 (5/7/13).

Part 3
Tenure

49-8-301. Authority of board.

  1. 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.
  2. Pursuant to this part, the board shall:
    1. Define the nature of tenure at institutions and the rights and responsibilities of faculty with tenure;
    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. 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. Provide for all other matters relating to tenure deemed necessary by the board.
    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. 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.

Acts 1976, ch. 839, § 2; T.C.A., § 49-3255; Acts 2016, ch. 869, § 23.

Compiler's Notes. Acts 2016, ch. 869, § 33 provided that the state university boards are authorized to promulgate rules to effectuate the purposes of this act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Law Reviews.

Survey of Tennessee Constitutional Law in 1976-77, IV. Due Process (Kenneth L. Penegar), 46 Tenn. L. Rev. 140.

NOTES TO DECISIONS

1. Property Interests.

A Tennessee Technological Institute professor who is eligible for tenure consideration has some minimal property interest in a fair tenure review process. Purisch v. Tennessee Technological Univ., 76 F.3d 1414, 1996 FED App. 69P, 1996 FED App. 0069P, 1996 U.S. App. LEXIS 3402 (6th Cir. Tenn. 1996).

2. Negotiations under Invalid Regulations.

Where the state board of education and university professors dealt with each other in good faith in reliance on an invalid regulation which required five years service prior to tenure, they were both bound by the results of their actions and the professors did not acquire tenure under the prior valid regulation requiring three years prior to tenure. State ex rel. Eads v. Humphries, 562 S.W.2d 805, 1978 Tenn. LEXIS 591 (Tenn. 1978).

3. Positive Approval.

Although the district court acted properly in ordering reinstatement of faculty member who was a victim of sex discrimination, it abused its discretion in ordering that reinstatement be with tenure, as the system requiring “positive approval” by the board of regents would have taken effect before completion of the probationary period. Ford v. Nicks, 866 F.2d 865, 1989 U.S. App. LEXIS 721 (6th Cir. Tenn. 1989), overruled in part, Minority Employees of Tenn. Dep't of Employment Sec. v. Dep't of Employment Sec., 901 F.2d 1327, 1990 U.S. App. LEXIS 6914, 103 A.L.R. Fed. 607 (6th Cir. Tenn. 1990).

4. Liability of Tenure Committee.

Tenn. Code Ann. § 9-8-307(h) applies to university professors serving on tenure review committee. Purisch v. Tennessee Technological Univ., 76 F.3d 1414, 1996 FED App. 69P, 1996 FED App. 0069P, 1996 U.S. App. LEXIS 3402 (6th Cir. Tenn. 1996).

5. Remedies.

Tenured state university professor had no remedy for monetary relief because T.C.A. § 49-8-304 did not authorize an award of back pay and lost benefits to a wrongfully discharged tenured faculty member of a state college or university; thus, the state was protected by sovereign immunity and the decision of the court of appeals was reversed. Wells v. Tenn. Bd. of Regents, 231 S.W.3d 912, 2007 Tenn. LEXIS 647 (Tenn. Aug. 17, 2007), cert. denied, 169 L. Ed. 2d 732, 128 S. Ct. 928, 552 U.S. 1101, 2008 U.S. LEXIS 50 (U.S. 2008).

49-8-302. Action against tenured employee — Grounds.

“Adequate cause” for termination of faculty with tenure includes the following:

  1. Incompetence or dishonesty in teaching or research;
  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. Conviction of a felony or crime involving moral turpitude;
  4. Improper use of narcotics or intoxicants that substantially impairs the faculty member's fulfillment of departmental and institutional duties and responsibilities;
  5. Capricious disregard of accepted standards of professional conduct;
  6. Falsification of information on an employment application or other information concerning qualifications for a position; and
  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.

Acts 1976, ch. 839, § 3; T.C.A., § 49-3256.

Law Reviews.

Survey of Tennessee Constitutional Law in 1976-77, IV. Due Process (Kenneth L. Penegar), 46 Tenn. L. Rev. 140.

NOTES TO DECISIONS

1. Constitutionality.

While the “capricious disregard of accepted standards of professional conduct” standard of Tenn. Code Ann. § 49-8-302 is broad and general, it is not unconstitutionally vague under either the state or federal constitution, as applied to professor who was repeatedly warned about professor's conduct, and whose dismissal letter identified four specific areas of conduct justifying dismissal. Phillips v. State Bd. of Regents of State Univ. & Community College Sys., 863 S.W.2d 45, 1993 Tenn. LEXIS 337 (Tenn. 1993).

Any alleged due process deficiency in a sexual harassment proceeding against a professor had been cured by the time of the chancery court hearing which occurred eight years after charges were initiated against professor. Wells v. Tennessee Bd. of Regents, 9 S.W.3d 779, 1999 Tenn. LEXIS 679 (Tenn. 1999).

2. Applicability.

In termination of tenured state university faculty proceedings, T.C.A. §§ 49-8-30249-8-304 apply, rather than the more general provisions of the Uniform Administrative Procedures Act (title 4, ch. 5). Frye v. Memphis State University, 671 S.W.2d 467, 1984 Tenn. LEXIS 927 (Tenn. 1984).

3. Similarity to Other Sections.

The tenure statutes in T.C.A. §§ 49-8-30249-8-304 are similar in several respects to those dealing with proceedings against tenured public school personnel, title 49, ch. 5, part 5. Frye v. Memphis State University, 671 S.W.2d 467, 1984 Tenn. LEXIS 927 (Tenn. 1984).

4. Due Process.

Due process requirements applied to dismissed professor because of professor's property interest in the tenured faculty position. Phillips v. State Bd. of Regents of State Univ. & Community College Sys., 863 S.W.2d 45, 1993 Tenn. LEXIS 337 (Tenn. 1993).

5. Disregard of Standards of Professional Conduct.

Considering the entire record, the evidence against appellant clearly and convincingly established the charge of “capricious disregard of accepted standards of professional conduct.” Phillips v. State Bd. of Regents of State Univ. & Community College Sys., 863 S.W.2d 45, 1993 Tenn. LEXIS 337 (Tenn. 1993).

Professor's complaints about professor's supervisor involved matters of personal interest rather than matters of public concern; accordingly, there is no violation of the first amendment in professor's termination on the ground of such complaints. Phillips v. State Bd. of Regents of State Univ. & Community College Sys., 863 S.W.2d 45, 1993 Tenn. LEXIS 337 (Tenn. 1993).

Behavior of tenured faculty toward staff, colleagues and superiors, as well as toward students, can constitute “capricious disregard” within the meaning of T.C.A. § 49-8-302(5). Wells v. Tennessee Bd. of Regents, 9 S.W.3d 779, 1999 Tenn. LEXIS 679 (Tenn. 1999).

Asking a female student to go to happy hour, grabbing a female student's breast, and commenting on a female student's clothing in a suggestive and sexual manner, established a pattern of behavior that common sense dictated deviated from accepted standards. Wells v. Tennessee Bd. of Regents, 9 S.W.3d 779, 1999 Tenn. LEXIS 679 (Tenn. 1999).

6. Remedies.

Tenured state university professor had no remedy for monetary relief, because T.C.A. § 49-8-304 did not authorize an award of back pay and lost benefits to a wrongfully discharged tenured faculty member of a state college or university; thus, the state was protected by sovereign immunity and the decision of the court of appeals was reversed. Wells v. Tenn. Bd. of Regents, 231 S.W.3d 912, 2007 Tenn. LEXIS 647 (Tenn. Aug. 17, 2007), cert. denied, 169 L. Ed. 2d 732, 128 S. Ct. 928, 552 U.S. 1101, 2008 U.S. LEXIS 50 (U.S. 2008).

49-8-303. Procedures for action against tenured employee.

  1. 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. 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. The faculty member shall have the right to be represented by counsel of the faculty member's own choice;
    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. 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. The faculty member shall have the right to confront and cross-examine all witnesses; and
    6. The findings of fact and the decision shall be based solely on the hearing record.
  2. 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.
  3. A faculty member serving a probationary period shall be given an oral statement of the reason for nonappointment to the institution's faculty.

Acts 1976, ch. 839, § 4; T.C.A., § 49-3257; Acts 2016, ch. 869, § 24.

Compiler's Notes. Acts 2016, ch. 869, § 33 provided that the state university boards are authorized to promulgate rules to effectuate the purposes of this act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Law Reviews.

Survey of Tennessee Constitutional Law in 1976-77, IV. Due Process (Kenneth L. Penegar), 46 Tenn. L. Rev. 140.

NOTES TO DECISIONS

1. Applicability.

In termination of tenured state university faculty proceedings, T.C.A. §§ 49-8-30249-8-304 apply, rather than the more general provisions of the Uniform Administrative Procedures Act, compiled in title 4, ch. 5. Frye v. Memphis State University, 671 S.W.2d 467, 1984 Tenn. LEXIS 927 (Tenn. 1984).

2. Similarity to Other Sections.

The tenure statutes in T.C.A. §§ 49-8-30249-8-304 are similar in several respects to those dealing with proceedings against tenured public school personnel, title 49, ch. 5, part 5. Frye v. Memphis State University, 671 S.W.2d 467, 1984 Tenn. LEXIS 927 (Tenn. 1984).

3. Venue.

In providing for jurisdiction in “a chancery court having jurisdiction”, the legislature intended to provide for venue in the county where the university or community college is located. Phillips v. State Bd. of Regents, 771 S.W.2d 410, 1989 Tenn. LEXIS 191 (Tenn. 1989), aff'd, Phillips v. State Bd. of Regents of State Univ. & Community College Sys., 863 S.W.2d 45, 1993 Tenn. LEXIS 337 (Tenn. 1993).

4. Due Process.

5. —Property Rights.

Due process requirements applied to dismissed professor because of professor's property interest in the tenured faculty position. Phillips v. State Bd. of Regents of State Univ. & Community College Sys., 863 S.W.2d 45, 1993 Tenn. LEXIS 337 (Tenn. 1993).

6. —Notice.

Dismissed professor who received notice of the allegations supporting the charge against the professor in the documentation attached to the letter instituting termination proceedings, and was afforded the benefit of both an informal and formal hearing, in which further specific details of the allegations were developed, and had a de novo hearing in the chancery court pursuant to T.C.A. § 49-8-304, received adequate notice of the charges against professor and was not deprived of due process. Phillips v. State Bd. of Regents of State Univ. & Community College Sys., 863 S.W.2d 45, 1993 Tenn. LEXIS 337 (Tenn. 1993).

7. Dismissal Upheld.

Considering the entire record, the evidence against appellant clearly and convincingly established the charge of “capricious disregard of accepted standards of professional conduct.” Phillips v. State Bd. of Regents of State Univ. & Community College Sys., 863 S.W.2d 45, 1993 Tenn. LEXIS 337 (Tenn. 1993).

49-8-304. Judicial review.

  1. 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.
  2. 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.
  3. The chancellor shall reduce the chancellor's findings of fact and conclusions of law to writing and make them parts of the record.
  4. The chancellor may award back pay in the event a determination is made that dismissal was not appropriate.

Acts 1976, ch. 839, § 5; 1981, ch. 449, § 2; T.C.A., § 49-3258; Acts 2000, ch. 588, § 1; 2012, ch. 933, § 1; 2016, ch. 869, § 25.

Compiler's Notes. This section may be affected by T.R.A.P. 3(e).

Acts 2016, ch. 869, § 33 provided that the state university boards are authorized to promulgate rules to effectuate the purposes of this act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Law Reviews.

Survey of Tennessee Constitutional Law in 1976-77, IV. Due Process (Kenneth L. Penegar), 46 Tenn. L. Rev. 140.

NOTES TO DECISIONS

1. Applicability.

In termination of tenured state university faculty proceedings, T.C.A. §§ 49-8-30249-8-304 apply, rather than the more general provisions of the Uniform Administrative Procedures Act (title 4, ch. 5). Frye v. Memphis State University, 671 S.W.2d 467, 1984 Tenn. LEXIS 927 (Tenn. 1984).

2. Similarity to Other Sections.

The tenure statutes in T.C.A. §§ 49-8-30249-8-304 are similar in several respects to those dealing with proceedings against tenured public school personnel, title 49, ch. 5, part 5. Frye v. Memphis State University, 671 S.W.2d 467, 1984 Tenn. LEXIS 927 (Tenn. 1984).

3. De Novo Judicial Review.

De novo judicial review in T.C.A. § 49-8-304 and context means a new hearing in the chancery court based upon the administrative record and any additional or supplemental evidence which either party wishes to adduce relevant to any issue. Frye v. Memphis State University, 671 S.W.2d 467, 1984 Tenn. LEXIS 927 (Tenn. 1984).

4. Remedies.

Tenured state university professor had no remedy for monetary relief because T.C.A. § 49-8-304 did not authorize an award of back pay and lost benefits to a wrongfully discharged tenured faculty member of a state college or university; thus, the state was protected by sovereign immunity and the decision of the court of appeals was reversed. Wells v. Tenn. Bd. of Regents, 231 S.W.3d 912, 2007 Tenn. LEXIS 647 (Tenn. Aug. 17, 2007), cert. denied, 169 L. Ed. 2d 732, 128 S. Ct. 928, 552 U.S. 1101, 2008 U.S. LEXIS 50 (U.S. 2008).

If a teacher is vindicated or reinstated, the teacher shall be paid the full salary for the period during which the teacher was suspended, and the fact that the legislature did not include any such remedy for tenured faculty at the college or university level in T.C.A. § 49-8-304 speaks to the issue; had the legislature intended for a wrongfully terminated college or university professor to receive monetary damages, the statute should have included that provision. Wells v. Tenn. Bd. of Regents, 231 S.W.3d 912, 2007 Tenn. LEXIS 647 (Tenn. Aug. 17, 2007), cert. denied, 169 L. Ed. 2d 732, 128 S. Ct. 928, 552 U.S. 1101, 2008 U.S. LEXIS 50 (U.S. 2008).

Part 4
Chattanooga State Community College

49-8-401. General provisions.

  1. Chattanooga State Community College is authorized to provide comprehensive one- and two-year occupational, college parallel, continuing education and community service programs.
  2. 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.
  3. 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.

Acts 1973, ch. 80, § 4; 1973, ch. 200, § 1; T.C.A., § 49-3250; Acts 1994, ch. 685, § 3; 2009, ch. 352, § 2; 2013, ch. 473, § 22.

Compiler's Notes. Acts 2009, ch. 352, § 7 provided that any one-time expenditure of funds required by the name conversion of the Chattanooga State Technical Community College, Pellissippi State Technical Community College, Northeast State Technical Community College, Nashville State Technical Community College and Southwest Tennessee Community College by that act shall be from existing institutional funds.

Part 5
East Tennessee State University

49-8-501. Marshall T. Nave Paramedical School.

  1. 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.
  2. The transfer shall place the paramedical school under the control, direction, and supervision of East Tennessee State University and its state university board.

Acts 1977, ch. 215, § 1; T.C.A., § 49-3260; Acts 2016, ch. 869, § 26.

Compiler's Notes. Acts 2016, ch. 869, § 33 provided that the state university boards are authorized to promulgate rules to effectuate the purposes of this act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

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.

Acts 1977, ch. 286, § 1; T.C.A., § 49-3261; Acts 1994, ch. 538, § 2; 2016, ch. 869, § 27.

Compiler's Notes. Acts 2016, ch. 869, § 33 provided that the state university boards are authorized to promulgate rules to effectuate the purposes of this act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

49-8-602. Center for Earthquake Research and Information.

  1. 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. Accurate, immediate reports for individuals, governmental agencies and the news media on the occurrence of earthquakes;
    2. Background information on earthquakes for individuals, civic groups, schools, governmental agencies, the news media and others;
    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. Studies of the desirability of earthquake resistant construction;
    5. Advice to governmental bodies, insurance groups and others on the methods and feasibility of reducing earthquake damage; and
    6. Earthquake prediction.
  2. 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.

Acts 1977, ch. 460, §§ 1, 2; T.C.A., § 49-3262; Acts 1994, ch. 538, § 2; 1994, ch. 744, § 3.

Compiler's Notes. The center for earthquake research and information, created by this section, terminates June 30, 2022. See §§ 4-29-112, 4-29-243.

Law Reviews.

When the Earth Moves and Buildings Tumble, Who Will Pay? — Tort Liability and Defenses for Earthquake Damage within the New Madrid Fault Zone, 22 Mem. St. U.L. Rev. 1 (1991).

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.

Acts 1984, ch. 751, § 1; 1994, ch. 538, § 2.

Part 7
[Reserved]

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.

Acts 1925, ch. 115, § 16; Shan. Supp., § 1487a111; Code 1932, § 2403; impl. am. Acts 1953, ch. 85, § 1; impl. am. Acts 1969, ch. 302, § 1; Acts 1974, ch. 522, § 4; 1979, ch. 73, § 1; T.C.A. (orig. ed.), § 49-3206; Acts 2016, ch. 869, § 28.

Compiler's Notes. Acts 2016, ch. 869, § 33 provided that the state university boards are authorized to promulgate rules to effectuate the purposes of this act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Cross-References. Vocational school, institution of higher learning, tuition reduction for children of state employees, § 8-50-115.

49-8-802. Center on Aging — Victimization prevention program.

  1. 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. Collect data to quantify and document the problems of elderly abuse, neglect and criminal victimization;
    2. Engage in prevention activities through presentations at churches, community centers, schools, senior citizen centers and other locations;
    3. Conduct workshops for local and state employees and law enforcement personnel as well as for the elderly and their family members; and
    4. Implement an advocacy program to assist victims in adequately and appropriately responding to and recovering from abuse, neglect and criminal victimization.
  2. The program shall be implemented in Davidson and Wilson counties.
  3. 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.

Acts 1989, ch. 220, § 1; T.C.A. § 49-8-803; Acts 2011, ch. 158, § 26; 2012, ch. 575, § 1.

Code Commission Notes.

Section 49-8-803 was transferred to § 49-8-802 by the code commission in 2009.

Compiler's Notes. Former § 49-8-802, concerning the Institute for African and Caribbean Affairs, was transferred to § 4-38-101 in 1990. Section 4-38-101 was deleted as obsolete by the code commission.

The term “commission on aging and disability” was substituted for “commission on aging” pursuant to Acts 2001, ch. 397.

Cross-References. Reporting requirement satisfied by notice to general assembly members of publication of report, § 3-1-114.

Toll-free number for reporting elder abuse, neglect or exploitation, § 71-6-122.

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.

Acts 1988, ch. 1020, § 2; 2009, ch. 352, § 3.

Compiler's Notes. Acts 2009, ch. 352, § 7 provided that any one-time expenditure of funds required by the name conversion of the Chattanooga State Technical Community College, Pellissippi State Technical Community College, Northeast State Technical Community College, Nashville State Technical Community College and Southwest Tennessee Community College by that act shall be from existing institutional funds.

49-8-902. Board of regents.

  1. The institution shall be under the management and control of the board of regents.
  2. It is the legislative intent that the board of regents will maintain a permanent presence in Oak Ridge.

Acts 1988, ch. 1020, §§ 2, 3.

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.

Acts 1988, ch. 1020, § 4.

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.

Acts 1988, ch. 1020, § 5.

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.

Acts 1988, ch. 1020, § 6.

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.

Acts 1988, ch. 1020, § 7.

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.

Acts 1989, ch. 80, § 2; 2009, ch. 352, § 4.

Compiler's Notes. Acts 2009, ch. 352, § 7 provided that any one-time expenditure of funds required by the name conversion of the Chattanooga State Technical Community College, Pellissippi State Technical Community College, Northeast State Technical Community College, Nashville State Technical Community College and Southwest Tennessee Community College by that act shall be from existing institutional funds.

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.

Acts 1989, ch. 80, § 3.

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.

Acts 1989, ch. 80, § 4.

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. 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. 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. 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. Preserve through documentation and exhibition, the craft tradition of this state; and
  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.

Acts 1998, ch. 960, § 2.

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.

Acts 1998, ch. 960, § 3.

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.

Acts 1999, ch. 510, § 2; 2009, ch. 352, § 6.

Compiler's Notes. Acts 2009, ch. 352, § 7 provided that any one-time expenditure of funds required by the name conversion of the Chattanooga State Technical Community College, Pellissippi State Technical Community College, Northeast State Technical Community College, Nashville State Technical Community College and Southwest Tennessee Community College by that act shall be from existing institutional funds.

49-8-1202. Management and control.

The Southwest Tennessee Community College shall be under the management and control of the board of regents.

Acts 1999, ch. 510, § 2; 2009, ch. 352, § 6.

Compiler's Notes. Acts 2009, ch. 352, § 7 provided that any one-time expenditure of funds required by the name conversion of the Chattanooga State Technical Community College, Pellissippi State Technical Community College, Northeast State Technical Community College, Nashville State Technical Community College and Southwest Tennessee Community College by that act shall be from existing institutional funds.

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.

Acts 1999, ch. 510, § 2; 2009, ch. 352, § 6.

Compiler's Notes. Acts 2009, ch. 352, § 7 provided that any one-time expenditure of funds required by the name conversion of the Chattanooga State Technical Community College, Pellissippi State Technical Community College, Northeast State Technical Community College, Nashville State Technical Community College and Southwest Tennessee Community College by that act shall be from existing institutional funds.

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.

Acts 1999, ch. 510, § 2; 2009, ch. 352, § 6.

Compiler's Notes. Acts 2009, ch. 352, § 7 provided that any one-time expenditure of funds required by the name conversion of the Chattanooga State Technical Community College, Pellissippi State Technical Community College, Northeast State Technical Community College, Nashville State Technical Community College and Southwest Tennessee Community College by that act shall be from existing institutional funds.

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.

Acts 1999, ch. 510, § 2.

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.

Acts 1999, ch. 510, § 2; 2009, ch. 352, § 6.

Compiler's Notes. Acts 1999, ch. 510, § 3 provided:

“(a)  There is established a blue ribbon commission to advise and assist the board of regents in the transition process involved in the restructuring of Shelby State Community College and State Technical Institute at Memphis into the Community College in Southwest Tennessee (now Southwest Tennessee Community College).

“(b)  The blue ribbon commission shall be composed of nine (9) members and shall be constituted as follows:

“(1)  Seven (7) members shall be appointed by the chancellor of the state university and community college system. At least two (2) of such members shall be appointed by the chancellor upon the recommendation of the Shelby County delegation to the general assembly;

“(2)  One (1) member shall be a member of the house of representatives who represents Shelby County, to be appointed by the speaker of the house; and

“(3)  One (1) member shall be a member of the senate who represents Shelby County, to be appointed by the speaker of the senate.”

Acts 1999, ch. 510, § 4 provided:

“At least one (1) member of the board of regents' transition team for the restructuring of Shelby State Community College and State Technical Institute at Memphis into the Community College in Southwest Tennessee (now Southwest Tennessee Community College) shall be appointed by the chancellor of the state university and community college system upon the recommendation of the Shelby County delegation to the general assembly.”

Acts 2009, ch. 352, § 7 provided that any one-time expenditure of funds required by the name conversion of the Chattanooga State Technical Community College, Pellissippi State Technical Community College, Northeast State Technical Community College, Nashville State Technical Community College and Southwest Tennessee Community College by that act shall be from existing institutional funds.

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.

Acts 1999, ch. 510, § 2.

Part 13
Nashville State Community College

49-8-1301. Creation.

The Nashville State Technical Community College is renamed the Nashville State Community College.

Acts 2002, ch. 618, § 2; 2009, ch. 352, § 5.

Compiler's Notes. Acts 2002, ch. 618, § 3 provided that:

“Any one-time expenditures of funds required by the conversion of Nashville State Technical Institute to Nashville State Technical Community College (now Nashville State Community College) (for example, signage on campus, stationery, etc.) shall be from existing institutional funds.”

Acts 2009, ch. 352, § 7 provided that any one-time expenditure of funds required by the name conversion of the Chattanooga State Technical Community College, Pellissippi State Technical Community College, Northeast State Technical Community College, Nashville State Technical Community College and Southwest Tennessee Community College by that act shall be from existing institutional funds.

49-8-1302. Board of regents.

Nashville State Community College shall be under the management and control of the Tennessee board of regents.

Acts 2002, ch. 618, § 2; 2009, ch. 352, § 5.

Compiler's Notes. Acts 2009, ch. 352, § 7 provided that any one-time expenditure of funds required by the name conversion of the Chattanooga State Technical Community College, Pellissippi State Technical Community College, Northeast State Technical Community College, Nashville State Technical Community College and Southwest Tennessee Community College by that act shall be from existing institutional funds.

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.

Acts 2002, ch. 618, § 2; 2009, ch. 352, § 5.

Compiler's Notes. Acts 2009, ch. 352, § 7 provided that any one-time expenditure of funds required by the name conversion of the Chattanooga State Technical Community College, Pellissippi State Technical Community College, Northeast State Technical Community College, Nashville State Technical Community College and Southwest Tennessee Community College by that act shall be from existing institutional funds.

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.

Acts 2002, ch. 618, § 2; 2009, ch. 352, § 5.

Compiler's Notes. Acts 2009, ch. 352, § 7 provided that any one-time expenditure of funds required by the name conversion of the Chattanooga State Technical Community College, Pellissippi State Technical Community College, Northeast State Technical Community College, Nashville State Technical Community College and Southwest Tennessee Community College by that act shall be from existing institutional funds.

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.

Acts 2002, ch. 618, § 2; 2009, ch. 352, § 5.

Compiler's Notes. Acts 2009, ch. 352, § 7 provided that any one-time expenditure of funds required by the name conversion of the Chattanooga State Technical Community College, Pellissippi State Technical Community College, Northeast State Technical Community College, Nashville State Technical Community College and Southwest Tennessee Community College by that act shall be from existing institutional funds.

Part 14
Memphis Research Consortium

49-8-1401. Collaboration in the Memphis Research Consortium — Strategies and plans — Report on progress.

  1. 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.
  2. 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.
  3. 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.

Acts 2010 (1st Ex. Sess.), ch. 3, § 11.

Compiler's Notes. Acts 2010 (1st Ex. Sess.), ch. 3, § 1 provided that the act shall be known and may be cited as the “Complete College Tennessee Act of 2010.”

49-8-104. Rules and regulations for defining residency.

Chapter 9
University of Tennessee

Part 1
General Provisions

49-9-101. Treasurer and secretary.

  1. The offices of treasurer and secretary of the university may be held by persons who are not members of the board of trustees.
  2. 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.
  3. The offices of treasurer and secretary may be held by one (1) person if so ordered by the board of trustees.

Acts 1909, ch. 48, § 5; Shan., § 373a5; mod. Code 1932, § 579; Acts 1980, ch. 887, § 7; T.C.A. (orig. ed.), § 49-3310.

Cross-References. Chairs of excellence, title 49, ch. 7, part 5.

Tuition-free courses for full-time University of Tennessee employees, § 49-7-116.

Vocational school, institution of higher learning, tuition reduction for children of state employees, § 8-50-115.

Law Reviews.

Education and the Court: The Supreme Court's Educational Ideology, 40 Vand. L. Rev. 939 (1987).

Attorney General Opinions. Service as UT Assistant general counsel and member of judicial selection commission, OAG 00-054, 2000 Tenn. AG LEXIS 54 (3/23/00).

49-9-102. Acceptance of federal donations.

    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. 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.
    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. 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.
    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. 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.
    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. 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.

Acts 1867-1868, ch. 32, § 1; 1868-1869, ch. 12, §§ 2, 3; 1887, ch. 220, §§ 1, 2; 1891, ch. 36, §§ 1, 2; 1907, ch. 350, §§ 1, 2; Shan., §§ 352, 354-358; Code 1932, §§ 553, 555-561; modified; T.C.A. (orig. ed.), §§ 49-3311, 49-3313 — 49-3319.

Compiler's Notes. Chapter 130, 12 Stat. 503, referred to in subsection (a), is compiled in 7 U.S.C. § 301 et seq.

Chapter 841, 26 Stat. 417, referred to in subsection (b), is compiled in 7 U.S.C. § 322 et seq.

Chapter 314, 24 Stat. 440, referred to in subsection (c), is compiled in 7 U.S.C. § 361a et seq.

Chapter 951, 34 Stat. 63, referred to in subsection (d), was formerly compiled in 7 U.S.C. and was repealed by ch. 790, § 2, 69 Stat. 674.

49-9-103. Loan powers.

    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. 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.
    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. The cooperation with the general services administration and with other agencies of the United States;
      2. The erection from time to time of dormitories or other buildings as may be required for the good of this institution; and
      3. The acquisition of real estate.
    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. 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. 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. 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. 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. 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.

Acts 1929, ch. 8, §§ 1, 2; Code 1932, §§ 583, 584; Acts 1935 (E.S.), ch. 14, §§ 1-7; 1939, ch. 185, § 1; mod. C. Supp. 1950, §§ 584.1-584.7 (Williams, §§ 584.6, 584.7, 584.8a); Acts 1979, ch. 116, § 3; 1980, ch. 601, § 13; T.C.A. (orig. ed.), §§ 49-3320, 49-3324 — 49-3330; Acts 2001, ch. 28, § 2.

Cross-References. Maximum effective rates of interest, § 47-14-103.

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.

Acts 1979, ch. 182, § 2; T.C.A., § 49-3331.

49-9-105. Residency — Rules and regulations.

  1. 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.
    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. Graduated from a Tennessee public secondary school;
      2. Graduated from a private secondary school that is located in this state; or
      3. Earned a Tennessee high school equivalency diploma.
    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.

Acts 1959, ch. 118, § 2; T.C.A., § 49-3342; Acts 2014, ch. 745, § 2.

Compiler's Notes. Acts 2014, ch. 745 § 3 provided that the act, which added subsection (b), shall apply to academic year 2014-2015 and all years thereafter.

Attorney General Opinions. House Bill 660/Senate Bill 635, 110th Gen. Assem. (2017), which would grant the governing body of each state institution of higher education the authority “to determine the qualifications that students must possess to be eligible for payment of in-state tuition and fees,” would not permit individual state institutions of higher education to make unlawful aliens eligible for in-state tuition. That action would remain prohibited by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 8 U.S.C. § 1621. Accordingly, the proposed legislation would not implicate or affect other provisions of federal or state law related to unlawful aliens or postsecondary education benefits, including the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. § 1623, and the Hope Scholarship, and Tennessee Promise programs. OAG 17-53, 2017 Tenn. AG LEXIS 55 (12/6/2017).

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.

Acts 1965, ch. 44, § 1; T.C.A., § 49-3349.

49-9-107. Trusts.

  1. 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.
    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. 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. 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. 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. Anyone refusing or neglecting to comply with this subsection (b) commits a Class C misdemeanor.

Acts 1971, ch. 352, § 1; 1974, ch. 602, §§ 1, 2; T.C.A., §§ 49-3354, 49-3358; Acts 1989, ch. 591, § 113.

Compiler's Notes. The Federal Tax Reform Act of 1969, referred to in this section, is codified throughout various sections of 26 U.S.C.

Cross-References. Charitable Gift Annuities Exemption, title 56, ch. 52.

Penalty for Class C misdemeanor, § 40-35-111.

49-9-108. [Repealed.]

Acts 1976, ch. 654, § 1; T.C.A., § 49-3364; Acts 2008, ch. 689, § 1; repealed by Acts 2018, ch. 739, § 1, effective April 18, 2018.

Compiler's Notes. Former § 49-9-108 concerned enforcement of student loans.

49-9-109. Monthly payment for dormitory and cafeteria services.

    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. 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.
  1. The board shall promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, that:
    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. 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.

Acts 1983, ch. 351, § 2; T.C.A., § 49-3381.

Cross-References.  Monthly payment for dormitory and cafeteria services, §  49-8-113.

Law Reviews.

Selected Tennessee Legislation of 1983 (N. L. Resener, J. A. Whitson, K. J. Miller), 50 Tenn. L. Rev. 785 (1983).

49-9-110. [Repealed.]

Acts 1991, ch. 168, § 2; repealed by Acts 2018, ch. 980, § 13, effective July 1, 2018.

Compiler's Notes. Former § 49-9-110 concerned the appointment of administrative judges and hearing officers.

49-9-111. Contracting for vending operations.

  1. 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.
  2. 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.

Acts 1993, ch. 421, § 3.

Cross-References.

Contracting for vending operations, §  49-8-118.

49-9-112. Leasing of employees to nonprofit hospital corporation.

  1. 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.
  2. 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.

Acts 1998, ch. 923, § 1.

49-9-113. Foundations for the benefit of the University of Tennessee.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
    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. 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.
  5. 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.

Acts 2011, ch. 59, § 1.

49-9-114. Support staff — Grievance procedure.

    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. “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. 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. Employees using or involved in the grievance procedure shall be entitled to pursue their grievances without fear, restraint, interference, discrimination or reprisal.
    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. “Grievance” means a complaint about one (1) or more of the following matters:
      1. Demotion, suspension without pay or termination for cause; or
      2. Work assignments or conditions of work that violate statute or policy.
    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. 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. The grievance procedure shall include no more than four (4) steps to finality.
    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. 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. The grievant and any material witnesses shall be allowed to testify fully at every step in the grievance procedure.
    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. 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.
  1. The board of regents, each state university board, and the board of trustees of University of Tennessee shall provide an annual report to the education committee of the senate and the education committee of the house of representatives summarizing grievance activities of the previous year.
  2. Each institution shall include information regarding the grievance procedure in employee orientations.

Acts 1993, ch. 301, § 1; 2011, ch. 410, § 4(ff); 2015, ch. 182, § 76; 2016, ch. 869, §§ 15, 16; 2019, ch. 345, § 123.

Code Commission Notes.

Acts 1993, ch. 301, § 1 enacted this section in part 1 of Title 49, Chapter 8. In addition to carrying this section there, in 2016, this section was added to this part by authority of the Code Commission.

Compiler's Notes. For the Preamble to the act concerning the prohibition against establishment of a special committee if there is a standing committee on the same subject, please refer to Acts 2011, ch. 410.

Acts 2016, ch. 869, § 33 provided that the state university boards are authorized to promulgate rules to effectuate the purposes of this act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

NOTES TO DECISIONS

1. Support Staff.

Dean of student affairs at Shelby State Community College was not a support staff employee, but rather a member of the school's administration. Dishmon v. Shelby State Community College, 15 S.W.3d 477, 1999 Tenn. App. LEXIS 685 (Tenn. Ct. App. 1999).

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.

Acts 2018, ch. 546, § 2.

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.

Acts 1868-1869, ch. 12, § 8; 1909, ch. 48, § 1; Shan., §§ 369, 373a1; Code 1932, § 573; modified; Acts 1967, ch. 179, § 9; T.C.A. (orig. ed.), § 49-3301; Acts 2018, ch. 657, § 2.

Compiler's Notes. Acts 2018, ch. 657, § 1 provided that the act, which amended this section, shall be known and may be cited as the “University of Tennessee Focusing on Campus and University Success (FOCUS) Act.”

Attorney General Opinions. Expanding county board of education.  OAG 14-38, 2014 Tenn. AG LEXIS 41 (3/31/14).

NOTES TO DECISIONS

1. Claims of University — Preference.

The university is a state agency, owned and supported by the state. It is entitled to state's status as to preference out of funds of a failed state bank. University of Tennessee v. People's Bank, 157 Tenn. 87, 6 S.W.2d 328, 1928 Tenn. LEXIS 187 (1928).

49-9-202. Composition — Appointive members — Expenses.

    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).
      1. 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.
      2. 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. 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.
      4. 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.
      1. 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. Beginning July 1, 2018, the student member position shall 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; and University of Tennessee at Chattanooga.
      3. 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.
  1. 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. 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. Elected officials;
    3. State employees; and
    4. Members of a governing body for any other public institution of higher education.
      1. 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. 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.
    1. 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).
    2. 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).
    3. 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).
    4. All gubernatorial appointed members shall be subject to removal from the board of trustees by a two-thirds (2/3) 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. 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.
  3. 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.
  4. The governor is authorized to call the initial meeting of the reconstituted board of trustees to occur on or after July 1, 2018.

Code 1932, § 574; Acts 1953, ch. 12, § 1; 1959, ch. 40, § 1; 1967, ch. 179, § 10; 1969, ch. 300, §§ 1, 2; 1970, ch. 524, § 1; 1971, ch. 112, §§ 1, 2; 1974, ch. 574, §§ 1, 2; 1975, ch. 379, §§ 1, 2; 1976, ch. 806, § 1(71); 1982, ch. 651, § 1; T.C.A. (orig. ed.), § 49-3302; Acts 1986, ch. 506, §§ 1, 2; 1988, ch. 1013, § 21; 1990, ch. 770, § 1; 1994, ch. 731, § 4; 1994, ch. 831, § 1; 1995, ch. 437, §§ 1, 2; 2005, ch. 466, §§ 1-3; 2016, ch. 869, § 31; 2018, ch. 657, § 3; 2018, ch. 841, § 3.

Compiler's Notes. The University of Tennessee, board of trustees, created by this section, terminates June 30, 2024. See §§ 4-29-112, 4-29-245.

Acts 2005, ch. 466, § 4 provided that the costs associated with adding two (2) nonvoting members to the University of Tennessee board of trustees shall be absorbed by the University of Tennessee within existing non-state resources.

Acts 2016, ch. 869, § 33 provided that the state university boards are authorized to promulgate rules to effectuate the purposes of this act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2018, ch. 657, § 1 provided that the act, which amended this section, shall be known and may be cited as the “University of Tennessee Focusing on Campus and University Success (FOCUS) Act.”

Cross-References. Grand divisions, title 4, ch. 1, part 2.

49-9-203. Term of appointive trustees.

  1. 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.
  2. 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.

Code 1932, § 575; Acts 1967, ch. 179, § 11; T.C.A. (orig. ed.), § 49-3303; Acts 1986, ch. 506, § 3; 1988, ch. 839, § 3; 1990, ch. 770, § 2; 2018, ch. 657, § 4.

Compiler's Notes. Acts 2018, ch. 657, § 1 provided that the act, which amended this section, shall be known and may be cited as the “University of Tennessee Focusing on Campus and University Success (FOCUS) Act.”

49-9-204. Filling of vacancies.

  1. 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.
  2. 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).
  3. 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.

Code 1932, § 576; T.C.A. (orig. ed.), § 49-3304; Acts 2018, ch. 657, § 5.

Compiler's Notes. Acts 2018, ch. 657, § 1 provided that the act, which amended this section, shall be known and may be cited as the “University of Tennessee Focusing on Campus and University Success (FOCUS) Act.”

Cross-References. Grand divisions, title 4, ch. 1, part 2.

49-9-205. Meetings.

  1. 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.
  2. Six (6) members shall constitute a quorum, and they are empowered to transact any business.
  3. The board has the authority to transact at any called meeting any business it is authorized to transact at stated meetings.
  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.

Acts 1909, ch. 48, § 3; Shan., § 373a3; mod. Code 1932, § 577; Acts 1935, ch. 182, § 1; C. Supp. 1950, § 577; T.C.A. (orig. ed.), § 49-3306; Acts 2010, ch. 1051, § 4; 2018, ch. 657, § 6.

Compiler's Notes. Acts 2010, ch. 1051, § 5 provided that the costs of providing streaming video of meetings of the state board of education, the Tennessee higher education commission, the Tennessee board of regents and the board of trustees of the University of Tennessee system shall be absorbed within the existing budget of the respective entity.

Acts 2018, ch. 657, § 1 provided that the act, which amended this section, shall be known and may be cited as the “University of Tennessee Focusing on Campus and University Success (FOCUS) Act.”

49-9-206. Committees.

    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. 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. The executive committee:
      1. May meet as often as necessary to conduct its business;
      2. Must have a majority of voting members present at meetings to constitute a quorum for the transaction of committee business;
      3. Has the authority to:
        1. 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. 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. Act for the board of trustees on any matter when necessary between meetings of the board; and
        4. Perform other responsibilities as the board of trustees deems necessary or advisable, subject to the approval of the board; and
      4. 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.
    1. The board of trustees shall appoint the following standing committees, with at least three (3) of its members serving on each committee:
      1. An audit committee in compliance with the State of Tennessee Audit Committee Act of 2005, compiled in title 4, chapter 35;
      2. A finance and administration committee with responsibility for oversight of finance and administration related matters; and
      3. An academic affairs and student success committee with responsibility for oversight of matters related to academic affairs and student success.
    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.
    1. The board of trustees may establish:
      1. Other standing committees as it deems necessary or advisable from time to time; and
      2. Its own subcommittees and ad hoc committees as it deems necessary or advisable from time to time.
    2. Any standing committee established under subdivision (c)(1)(A):
      1. Must be comprised of at least three (3) members of the board of trustees;
      2. May meet as often as necessary to conduct their business;
      3. Must have a majority of voting members present at meetings to constitute a quorum for the transaction of committee or subcommittee business; and
      4. 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. 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. 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.
    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. 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. Each faculty member must maintain employment with the University of Tennessee institution and full-time faculty status throughout the faculty member's term.
    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.
  1. 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.

Acts 1909, ch. 48, § 3; Shan., § 373a3; Code 1932, § 577; Acts 1935, ch. 182, § 1; C. Supp. 1950, § 577; T.C.A. (orig. ed.), § 49-3307; Acts 2016, ch. 753, § 4; 2018, ch. 657, § 7.

Compiler's Notes. Acts 2018, ch. 657, § 1 provided that the act, which amended this section, shall be known and may be cited as the “University of Tennessee Focusing on Campus and University Success (FOCUS) Act.”

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.

Acts 1909, ch. 48, § 4; Shan., § 373a4; Code 1932, § 578; T.C.A. (orig. ed.), § 49-3308.

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.

Acts 1868-1869, ch. 12, § 12; 1873, ch. 81, § 2; Shan., § 372; Code 1932, § 572; impl. am. Acts 1980, ch. 887, § 9; T.C.A. (orig. ed.), § 49-3309.

49-9-209. Powers of the trustees.

  1. By the name of the “Trustees of the University of Tennessee,” the trustees shall have perpetual succession and a common seal.
    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. 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.
  2. 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.
    1. The board of trustees shall:
      1. 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. 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. 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. 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. 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. 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. 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. 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. Have the power to remove the president at any time;
      6. 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. 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. Have authority to adopt policies governing the granting and removal of tenure for faculty members;
      9. Approve policies governing student conduct; (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;
      10. 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;
      11. 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;
      12. Evaluate administrative operations and academic programs periodically to identify efficiencies to be achieved through streamlining, consolidation, reallocation, or other measures;
      13. 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;
      14. 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;
      15. 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;
      16. 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;
      17. 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;
      18. Have the authority to name buildings owned by the university or its institutions; and
      19. 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. 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 Health Science Center, the University of Tennessee Space Institute, the Institute of Agriculture, and the Institute for Public Service.
    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. The bylaws, rules, and regulations shall not be inconsistent with the constitution and laws of the United States or of this state.
  3. 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.

Acts 1807, ch. 64, §§ 1-8; 1839-1840, ch. 98, §§ 4, 5; 1868-1869, ch. 88, § 1; 1879, ch. 85, § 1; 1909, ch. 48, § 1; Shan. §§ 369, 373a1; Code 1932, § 573; modified; Acts 1971, ch. 352, § 1; 2016, ch. 753, § 1; 2018, ch. 657, §§ 8-11.

Compiler's Notes. Acts 2018, ch. 657, § 1 provided that the act, which amended this section, shall be known and may be cited as the “University of Tennessee Focusing on Campus and University Success (FOCUS) Act.”

Cross-References. Procedures for limitation of liability and warranty in state contracts, § 12-3-1210.

Attorney General Opinions. Media credential policies adopted by state universities.  OAG 10-60, 2010 Tenn. AG LEXIS 60 (4/29/10).

49-9-210. Code of ethics — Material violation — Hearing — Vacancy.

  1. 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.
  2. Notwithstanding any other law to the contrary, by a two-thirds (2/3) vote of its membership, the board may remove any appointed member of the board for a material violation of the code of ethics.
  3. 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.
  4. 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.
  5. 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.

Acts 2003, ch. 327, § 3.

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.

Acts 2016, ch. 753, § 5.

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. Characterize distinctiveness in degree offerings by level, focus, and student characteristics, including, but not limited to, nontraditional students and part-time students; and
  2. Address institutional accountability for the quality of instruction, student learning, and, when applicable, research and public service to benefit Tennessee citizens.

Acts 2016, ch. 869, § 3.

Compiler’s Notes. Acts 2016, ch. 869, § 33 provided that the state university boards are authorized to promulgate rules to effectuate the purposes of this act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Part 3
Extension Department and Programs

49-9-301. General provisions.

  1. 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.
    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. 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.
    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. 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. 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. There shall be no charge or cost of instructions other than as provided.
  2. 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.
  3. 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.
  4. 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.

Acts 1919, ch. 181, §§ 1-7; impl. am. Acts 1923, ch. 7, § 2; Shan. Supp., §§ 361a1-361a7; Code 1932, §§ 563-569; T.C.A. (orig. ed.), §§ 49-3334 — 49-3340.

Compiler's Notes. The Smith-Hughes Act, referred to in this section, was formerly complied in 20 U.S.C. § 11 et seq., and was repealed in 1997.

For tables of populations of Tennessee municipalities, see Volume 13 and its supplement.

Cross-References. Agricultural extension services, title 49, ch. 50, part 1.

Part 4
Institute for Public Service

49-9-401. General provisions.

  1. 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.
    1. It is the purpose of this institute to:
      1. 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. 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. 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. 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.
    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. 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. 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.
  2. 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.

Acts 1963, ch. 207, §§ 1, 2, 4, 5; 1973, ch. 280, § 1; 1974, ch. 594, §§ 1, 2, 4, 5; 1976, ch. 806, § 1(75); T.C.A., §§ 49-3343, 49-3344, 49-3346, 49-3347; Acts 1985, ch. 282, § 1; 2016, ch. 753, §§ 2, 3.

Compiler's Notes. The office of legislative services, referred to in this section, was repealed by Acts 2010, ch. 1077, § 1, effective June 21, 2010.

49-9-402. County technical advisory service.

  1. 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.
  2. 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.

Acts 1963, ch. 207, § 2; 1973, ch. 280, § 1; 1974, ch. 594, § 2; T.C.A., § 49-3344.

Cross-References. Funding for county technical advisory service, § 57-3-306.

49-9-403. Center for Industrial Services.

  1. 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. Providing information, data and materials relating to the needs and problems of industry that might be supplied and solved through research;
    2. Providing information about available research facilities and research personnel in Tennessee colleges and universities and in governmental and private research laboratories;
    3. Keeping Tennessee's industries informed about the supply of and demand for trained, qualified personnel; and
    4. Cooperating with the department of economic and community development in carrying out its duties.
  2. 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.

Acts 1963, ch. 207, § 3; 1974, ch. 594, § 3; T.C.A., § 49-3345; Acts 1986, ch. 917, § 1.

49-9-404. Residential building inspection assistance.

  1. The University of Tennessee, through the Institute for Public Service, may provide assistance to local governments for residential building inspection programs.
  2. 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.
  3. 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.

Acts 1974, ch. 789, § 1; T.C.A., § 49-3359.

49-9-405. Program director and waste audit engineers for industrial services center.

  1. Notwithstanding any law, regulation or personnel policy to the contrary, the following positions are authorized and established in the Center for Industrial Services:
    1. One (1) program director; and
    2. Two (2) waste audit engineers.
  2. 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).

Acts 1986, ch. 917, § 2.

49-9-406. Continuing education and training programs — Waste audits — Assistance from University of Tennessee.

  1. 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.
  2. 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.
  3. 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. Providing information on how to conduct a survey of the composition of solid waste;
    2. Providing solid waste generators with information on how to manage solid waste consistent with the state plan;
    3. Preparing sample ordinances, procedural handbooks and contracts;
    4. Identifying sources of information regarding the creation and operation of a municipal or county program; and
    5. Providing advice, upon the request of a region or county, on implementing the region's or county's solid waste management plan.

Acts 1991, ch. 451, §§ 47, 48.

Compiler's Notes. The state planning office, referred to in this section, was abolished by Acts 1995, ch. 501, effective June 12, 1995.

Cross-References. Solid waste management fund, § 68-211-821.

49-9-407. Municipal Technical Advisory Service.

  1. 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.
  2. 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.

Acts 2010, ch. 891, § 4.

49-9-408. Law Enforcement Innovation Center.

  1. 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.
  2. This program shall be carried on in cooperation with and with the advice of law enforcement agencies.

Acts 2010, ch. 891, § 4.

49-9-409. Naifeh Center for Effective Leadership.

  1. 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.
  2. This program shall be carried on in cooperation with and with the advice of professionals in the field of leadership and executive development.

Acts 2010, ch. 891, § 4.

49-9-410. Tennessee Foreign Language Center.

  1. 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.
  2. 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. Services in support of government, industrial recruitment, and economic and tourist development;
    2. Original research into issues related to foreign language, language instruction, and associated cultural considerations; and
    3. Providing publications, conducting educational conferences, and furnishing technical consultation, training, and field services in the areas of foreign language and culture.
      1. 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. 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.
    1. 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.

Acts 2018, ch. 932, § 2.

Compiler's Notes. Acts 2018, ch. 932, § 3 provided that on July 1, 2018, all employees of the former Tennessee Foreign Language Institute shall become employees of the University of Tennessee Institute for Public Service and shall be subject to the employment practices and policies of the University of Tennessee.

Acts 2018, ch. 932, § 4 provided that on July 1, 2018, all funds, contracts, grants, and property, real and otherwise, of the former Tennessee Foreign Language Institute shall be transferred to the University of Tennessee Institute for Public Service.

Part 5
Advisory Boards

49-9-501. Advisory boards for University of Tennessee institutions.

    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.
    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).
    1. Of the five (5) members appointed by the governor:
      1. 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. 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. 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. 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.
  1. 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.
  2. 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.
  3. 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. Employees of any public institution of higher education; except those faculty or student members appointed to each advisory board;
    2. Elected officials;
    3. State employees; and
    4. Members of a governing body for any public institution of higher education.
      1. 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. 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. 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.
    1. 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).
    2. 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).
    3. 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).
    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. 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. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.

Acts 2018, ch. 657, § 12; 2020, ch. 692, § 3.

Compiler's Notes. Former §§ 49-9-50149-9-509 (Acts 1976, ch. 588, §§ 1-8; 1979, ch. 116, §§ 4-6; 1980, ch. 922, §§ 1, 2; T.C.A., §§ 49-3365 — 49-3372; Acts 1984, ch. 646, §§ 1-4), concerning the Energy Institute at the University of Tennessee Space Institute, were repealed by Acts 1987, ch. 170, § 2(b).

Former § 49-9-510 (Acts 1976, ch. 588, § 9; T.C.A., § 49-3373), concerning annual reports made by the board of directors of the Energy Institute, was repealed by Acts 1984, ch. 646, § 5.

Acts 2018, ch. 657, § 1 provided that the act, which enacted this part,§§ 49-9-501—49-9-503, shall be known and may be cited as the “University of Tennessee Focusing on Campus and University Success (FOCUS) Act.”

Amendments. The 2020 amendment substituted “no later than May 31” for “as soon as practicable for the initial appointment and, for all other subsequent appointments, no later than April 15” in (c) and (d).

Effective Dates. Acts 2020, ch. 692, § 4. June 11, 2020.

49-9-502. Advisory board meetings.

  1. 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.
  2. Four (4) members shall constitute a quorum, and they are empowered to transact any business.
  3. Each advisory board shall adopt bylaws to govern its meetings, subject to approval by the board of trustees.
  4. The governor shall call the initial meeting of each advisory board to occur on or after July 1, 2018.
  5. 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.
  6. 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.

Acts 2018, ch. 657, § 12.

Compiler's Notes. Former §§ 49-9-50149-9-509 (Acts 1976, ch. 588, §§ 1-8; 1979, ch. 116, §§ 4-6; 1980, ch. 922, §§ 1, 2; T.C.A., §§ 49-3365 — 49-3372; Acts 1984, ch. 646, §§ 1-4), concerning the Energy Institute at the University of Tennessee Space Institute, were repealed by Acts 1987, ch. 170, § 2(b).

Former § 49-9-510 (Acts 1976, ch. 588, § 9; T.C.A., § 49-3373), concerning annual reports made by the board of directors of the Energy Institute, was repealed by Acts 1984, ch. 646, § 5.

Acts 2018, ch. 657, § 1 provided that the act, which enacted this part,§§ 49-9-501—49-9-503, shall be known and may be cited as the “University of Tennessee Focusing on Campus and University Success (FOCUS) Act.”

49-9-503. Advisory board role and responsibilities.

  1. Each advisory board of the University of Tennessee established pursuant to § 49-9-501 shall:
    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. 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. 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. 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. 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. Be subject to the open meetings laws, compiled in title 8, chapter 44.
  2. The responsibilities of, and any actions taken by, an advisory board shall not conflict with or inhibit the authority of the board of trustees.

Acts 2018, ch. 657, § 12.

Compiler's Notes. Former §§ 49-9-50149-9-509 (Acts 1976, ch. 588, §§ 1-8; 1979, ch. 116, §§ 4-6; 1980, ch. 922, §§ 1, 2; T.C.A., §§ 49-3365 — 49-3372; Acts 1984, ch. 646, §§ 1-4), concerning the Energy Institute at the University of Tennessee Space Institute, were repealed by Acts 1987, ch. 170, § 2(b).

Former § 49-9-510 (Acts 1976, ch. 588, § 9; T.C.A., § 49-3373), concerning annual reports made by the board of directors of the Energy Institute, was repealed by Acts 1984, ch. 646, § 5.

Acts 2018, ch. 657, § 1 provided that the act, which enacted this part,§§ 49-9-501—49-9-503, shall be known and may be cited as the “University of Tennessee Focusing on Campus and University Success (FOCUS) Act.”

Part 6
Space Institute

49-9-601. General provisions.

  1. The board of trustees of the University of Tennessee is authorized and empowered to:
    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. Attract outstanding teachers, students and research workers interested in work related to aerospace science and engineering;
    3. Contract with both government and private agencies for research; and
    4. Provide services to aerospace industries through research and through education and training of potential workers.
  2. 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.
  3. 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.

Acts 1963, ch. 100, §§ 1, 2; T.C.A., § 49-3348.

Cross-References. Participation in chairs of excellence program, § 49-7-502.

Part 7
Medical Education

49-9-701. School of medicine — General practice.

  1. 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.
  2. 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.
  3. 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.

Acts 1971, ch. 203, §§ 1, 2; T.C.A., § 49-3353.

Cross-References. Courses in detection and treatment of child sexual abuse, § 49-7-117.

49-9-702. Clinical medical education centers.

    1. The establishment of clinical medical education centers in Washington and Sullivan counties and in Hamilton County are authorized.
    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.
  1. 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.
  2. 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.

Acts 1972, ch. 766, §§ 1-3; T.C.A., §§ 49-3355 — 49-3357.

49-9-703. Family practice residency programs.

  1. 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.
    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. 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.
    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. 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. 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. 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.
    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. The funds necessary for the planning of the clinical center may be expended from the appropriation provided in this section.

Acts 1974, ch. 791, §§ 1-5; T.C.A., §§ 49-3360 — 49-3362.

Cross-References. Grand divisions of state, title 4, ch. 1, part 2.

49-9-704. Encouragement of primary care and family practice medicine.

  1. 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.
  2. 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.
  3. The cost of development and implementation of the plan shall be provided from within existing resources of the universities.

Acts 1993, ch. 510, §§ 1, 2.

Code Commission Notes.

Former subdivision (c), concerning development and implementation of the plan by the University of Tennessee and East Tennessee State University, was deleted as obsolete by the code commission in 2009.

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.

Acts 1974, ch. 549, §§ 3, 4; T.C.A., § 49-3363.

Part 9
University of Tennessee at Chattanooga

49-9-901. General provisions.

  1. 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.
  2. 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.

Acts 1968, ch. 447, § 1; T.C.A., § 49-3350.

Part 10
University of Tennessee at Martin

49-9-1001. General provisions.

  1. 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.
  2. 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.
  3. 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.

Acts 1951, ch. 27, §§ 1, 2; 1957, ch. 3, § 1; 1967, ch. 14, § 1; 1976, ch. 584, § 1; T.C.A. (orig. ed.), § 49-3341.

Part 11
[Reserved]

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.

Acts 1994, ch. 1004, § 1.

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 (1/6) 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 (1/6) 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.

Acts 1994, ch. 1004, § 1.

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.

Acts 1994, ch. 1004, § 1.

Part 13
University of Tennessee Memorial Research Center and Hospital

49-9-1301. Authority of board of trustees.

  1. The board of trustees is authorized to:
    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. 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. 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.
    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. 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.
    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. Published in one (1) or more newspapers of general circulation in the area served by the hospital;
      2. Posted in the emergency room and the hospital admissions area; and
      3. Posted in one or more public places in the area served by the hospital.
    2. At least one (1) of the public hearings must be held in Knox County.
    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. Any contract entered into in violation of this subsection (c) shall be null and void.

Acts 1997, ch. 418, § 1.

Law Reviews.

Conversions of Nonprofit Hospitals to For-Profit Status: The Tennessee Experience, 28 U. Mem. L. Rev. 1077 (1998).

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.

Acts 1997, ch. 418, § 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.

Acts 1997, ch. 418, § 1.

49-9-1304. Transition from state to private nonprofit corporation employment.

  1. 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.
  2. 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. 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. 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.
  3. 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.
  4. 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.
  5. 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.

Acts 1997, ch. 418, § 1.

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.

Acts 1997, ch. 418, § 1.

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.

Acts 1997, ch. 418, § 1.

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.

Acts 1997, ch. 418, § 1.

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.

Acts 1997, ch. 418, § 1.

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).

Acts 1997, ch. 418, § 2.

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.

Acts 2000, ch. 784, § 1.

Compiler's Notes. Acts 2000, ch. 764, § 1, provided that the provisions of this part are severable, and it is the intention of the general assembly to enact the whole or any part of the powers provided for in this part. If any provision of this part, or the application thereof to any person or circumstance, is for any reason held by a court of competent jurisdiction to be unconstitutional or otherwise invalid, the remaining provisions of this part shall remain in full force and effect.

49-9-1402. Authority and powers of university.

  1. 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.
  2. 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.

Acts 2000, ch. 784, § 1.

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.

Acts 2000, ch. 784, § 1.

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.

Acts 2000, ch. 784, § 1.

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.

Acts 2000, ch. 784, § 1.

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.

Acts 2000, ch. 784, § 1.

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.

Acts 2000, ch. 784, § 1.

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.

Acts 2000, ch. 784, § 1.

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.

Acts 2010, ch. 891, § 5.

49-9-1410. Feasibility study of statewide comprehensive energy policy.

  1. 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. Increasing the exploration and use of in-state or domestic energy resources;
    2. Promoting job growth, energy production, energy use, and energy conservation in the state;
    3. Ensuring reliable, low-cost environmentally responsible energy supply;
    4. Gaining competitive advantages for Tennessee businesses and consumers in light of rising energy costs; and
    5. Positioning the state as a leader in the United States and world energy markets.
  2. 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. All appropriate state departments and agencies are encouraged to provide assistance for the study.
  4. 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. 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. 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).

Acts 2014, ch. 913, § 1.

Compiler's Notes. Acts 2014, ch. 913, § 2 provided that the provisions of the act, which enacted this section, shall not be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to this act unless such funds are specifically appropriated by the general appropriations act.

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. 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. Accelerate the state's economic and workforce development efforts in the field of energy sciences and engineering;
  3. Support the continued development of clean energy technologies and jobs in Tennessee;
  4. Leverage for the purposes set forth herein the existing capabilities of the University of Tennessee, Knoxville and Oak Ridge National Laboratory;
  5. Elevate the status of the University of Tennessee, Knoxville as a top tier national research institution through expanded collaboration with the laboratory;
  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. 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. Foster and promote research in science, technology, engineering and mathematics that encourages entrepreneurial opportunities in Tennessee; and
  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.

Acts 2010 (1st Ex. Sess.), ch. 3, § 9.

Compiler's Notes. Acts 2010 (1st Ex. Sess.), ch. 3, § 1 provided that the act shall be known and may be cited as the “Complete College Tennessee Act of 2010.”

49-9-1502. Establishment of academic unit in collaboration with the Oak Ridge National Laboratory.

  1. 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.
  2. 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.
  3. 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.

Acts 2010 (1st Ex. Sess.), ch. 3, §§ 9, 10.

Compiler's Notes. Acts 2010 (1st Ex. Sess.), ch. 3, § 1 provided that the act shall be known and may be cited as the “Complete College Tennessee Act of 2010.”

Chapter 10
Special Education

Part 1
General Provisions

49-10-101. Legislative intent — Application of parts 1-6.

    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. 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.
  1. This section applies to all children with disabilities regardless of the schools, institutions or programs by which those children are served.
  2. 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.

Acts 1972, ch. 839, § 1; 1978, ch. 574, § 1; T.C.A., § 49-2912; Acts 1994, ch. 768, § 2; 1995, ch. 542, § 1; 1998, ch. 832, § 1; 2019, ch. 107, § 1.

Compiler's Notes.

Acts 1972, ch. 839, which enacted many of the sections in this chapter, was known as the “Weldon Act.”

This section may be affected by § 9-1-116, concerning entitlement to funds, absent appropriation.

Cross-References. Services to families of preschool children with disabilities, § 71-4-2201.

Vocational school, institution of higher learning, tuition reduction for children of state employees, § 8-50-115.

Law Reviews.

Academic Standards or Discriminatory Hoops? Learning-Disabled Student-Athletes and the NCAA Initial Academic Eligibility Requirements, 66 Tenn. L. Rev. 1049 (1999).

Special Education Rights and Remedies (Tim Wibking), 23 No. 2 Tenn. B.J. 29 (1987).

Attorney General Opinions. Effect of 1995 amendment on rules and regulations, OAG 96-116, 1996 Tenn. AG LEXIS 141 (9/5/96).

NOTES TO DECISIONS

1. Application.

The Oak Ridge school system is a local state educational agency and is required to comply with the provisions of title 49, ch. 10. Clevenger v. Oak Ridge School Bd., 573 F. Supp. 349, 1983 U.S. Dist. LEXIS 12897 (E.D. Tenn. 1983), rev'd, 744 F.2d 514, 1984 U.S. App. LEXIS 18454 (6th Cir. 1984).

2. Determination of Appropriateness.

The court's decision on whether a given educational program is appropriate for an individual child appears to be a mixed question of fact and law. The trial judge is required to measure the factual situation of a child with disabilities and the educational program proposed to accommodate the disability against the legal standard of appropriateness. Clevenger v. Oak Ridge School Bd., 744 F.2d 514, 1984 U.S. App. LEXIS 18454 (6th Cir. 1984).

3. —Consideration of Cost.

Cost can be a legitimate consideration when devising an appropriate program for an individual student; nevertheless, cost considerations are only relevant when choosing between several options, all of which offer an “appropriate” education. When only one is appropriate, then there is no choice. Clevenger v. Oak Ridge School Bd., 744 F.2d 514, 1984 U.S. App. LEXIS 18454 (6th Cir. 1984).

49-10-102. Chapter definitions.

As used in this chapter:

  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. “Department” means the department of education;
  3. “FAPE” means a free appropriate public education in compliance with the IDEA;
  4. “IDEA” means the Individuals with Disabilities Education Act (20 U.S.C. § 1400 et seq.);
  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. “LEA” means a local education agency;
  7. “Related services” means:
    1. 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. School health services and school nurse services, social work services in schools, and parent counseling and training; or
    3. Other services that may be approved by the state board of education; and
  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.

Acts 1972, ch. 839, § 3; 1978, ch. 573, § 1; 1981, ch. 151, § 1; 1981, ch. 281, § 1; T.C.A., § 49-2914; Acts 1988, ch. 677, § 1; 1989, ch. 421, § 1; 1994, ch. 768, § 2; 1998, ch. 832, § 2; 2010, ch. 734, § 4; 2019, ch. 107, § 2.

Compiler's Notes. For the Preamble to the act regarding changing the term “mental retardation” to “intellectual disability”, please refer to Acts 2010, ch. 734.

Acts 2010, ch. 734, § 7 provided that for purposes of each provision amended by the act, a reference to intellectual disability shall be considered to refer to mental retardation, as defined by that provision on the day before the date of enactment of the act.

Acts 2010, ch. 734, § 8 provided that nothing in the act shall be construed to alter or otherwise affect the eligibility for services or the rights or responsibilities of individuals covered by the provision on the day before the date of enactment of the act.

Cross-References. Individualized education programs for children with disabilities, § 49-10-114.

School age, attendance, withdrawal from school, § 49-6-3001.

49-10-103. Entitlement to FAPE — Responsibilities of LEA — Education in least restrictive environment.

  1. Every child with a disability is entitled to a FAPE.
  2. 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.
  3. 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.

Acts 1972, ch. 839, § 2; 1975, ch. 147, § 1; T.C.A., § 49-2913; Acts 1994, ch. 768, § 2; 2019, ch. 107, § 3.

Compiler's Notes. This section may be affected by § 9-1-116, concerning entitlement to funds, absent appropriation.

Cross-References. Services to families of preschool children with disabilities, § 71-4-2201.

49-10-104. Division of special education.

  1. There is established in the department of education a division of special education.
  2. 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.
    1. The assistant commissioner who heads the division shall be appointed by the commissioner.
    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.
  3. The department shall enforce the IDEA and the state's special education laws.

Acts 1972, ch. 839, § 4; T.C.A., § 49-2915; Acts 1994, ch. 768, § 1; 2019, ch. 107, §§ 4-7.

49-10-105. Advisory council for the education of students with disabilities.

  1. 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.
    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. 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. 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. 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. Representatives from the state juvenile and adult corrections agencies.
    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. Vacancies shall be filled for the unexpired term in the same manner as original appointments.
    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.
    1. The advisory council annually shall elect its own chair and vice chair.
    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.
    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. 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.
  2. The council shall:
    1. Have an opportunity to comment on rules and regulations proposed for issuance pursuant to parts 1-6 of this chapter;
    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. 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. 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.

Acts 1972, ch. 839, § 4; 1976, ch. 806, § 1(69); T.C.A., §§ 49-2916, 49-2917; Acts 1988, ch. 1013, § 22; 1994, ch. 768, § 1; 1998, ch. 832, § 3.

Compiler's Notes. The advisory council for the education of students with disabilities, created by this section, terminates June 30, 2027. See §§ 4-29-112, 4-29-248.

Cross-References. Reporting requirement satisfied by notice to general assembly members of publication of report, § 3-1-114.

Services to families of preschool children with disabilities, § 71-4-2201.

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. Adopt standards or qualifications for teachers and other personnel providing instruction or other educational services to children with disabilities;
  2. Adopt the evaluation procedures and eligibility criteria for children with disabilities; and
  3. Cooperate with other state agencies, organizations, and institutions that are concerned with the health, education, and welfare of children with disabilities.

Acts 1972, ch. 839, § 4; T.C.A., § 49-2919; Acts 1994, ch. 768, § 2; 2019, ch. 107, § 8.

Cross-References. Individualized education programs for children with disabilities, § 49-10-114.

49-10-107. Contracts between LEAs to provide services for children with disabilities.

  1. 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.
  2. 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.
  3. 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.
  4. 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.

Acts 1972, ch. 839, § 4; 1978, ch. 574, § 2; T.C.A., § 49-2929; Acts 1994, ch. 768, § 2; 2019, ch. 107, § 9.

49-10-108. Identification, location, and evaluation of children with disabilities.

  1. 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.
  2. 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.
  3. 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.

Acts 1972, ch. 839, § 6; 1978, ch. 574, § 4; T.C.A., § 49-2941; Acts 1994, ch. 768, § 2; 2019, ch. 107, § 10.

49-10-109. Withholding of BEP funding for special education.

    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 basic education program (BEP) funding for the LEA as, in the commissioner's judgment, is warranted.
    2. The denial of BEP funding under subdivision (a)(1) may continue until the failure to provide the required special education or related services is remedied.
    3. Whether or not the commissioner elects to withhold BEP funding pursuant to subdivision (a)(1), the commissioner shall ensure the provision of a FAPE, and may do so by providing the education directly.
  1. 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.
  2. 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.
    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. No BEP 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. 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.

Acts 1972, ch. 839, § 8; 1978, ch. 574, § 6; T.C.A., § 49-2949; Acts 1994, ch. 768, § 2; 2019, ch. 107, § 11.

49-10-110. [Repealed.]

Acts 1972, ch. 839, § 9; T.C.A., §§ 49-2952, 49-2953; Acts 1984 (1st E.S.), ch. 6, § 20; 1994, ch. 768, § 2, repealed by Acts 2019, ch. 107, § 12, effective April 11, 2019.

Compiler's Notes. Former § 49-10-110, concerned traineeships and fellowships.

49-10-111. [Repealed.]

Acts 1972, ch. 839, § 10; 1978, ch. 574, § 7; T.C.A., § 49-2954; Acts 1994, ch. 768, § 2, repealed by Acts 2019, ch. 107, § 13, effective April 11, 2019.

Compiler's Notes. Former § 49-10-111 concerned school construction to serve special needs.

49-10-112. [Repealed.]

Acts 1972, ch. 839, § 10; 1978, ch., 574, § 8; T.C.A., § 49-2958; repealed by Acts 2018, ch. 725, § 48, effective April 18, 2018.

Compiler's Notes. Former § 49-10-112 concerned the application for and administration of federal aid.

49-10-113. Special education funds from state — Process for LEAs to request reimbursement for high-cost children with disabilities.

  1. The state shall provide special education funds from the basic education program (BEP), 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.
    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. 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. 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.

Acts 1972, ch. 839, § 11; T.C.A., § 49-2959; Acts 1994, ch. 768, § 2; 2018, ch. 767, §§ 1, 2; 2019, ch. 107, § 14.

Compiler's Notes. This section may be affected by § 9-1-116, concerning entitlement to funds, absent appropriation.

Attorney General Opinions. Proper method for funding local education agencies’ services for three and four year old children with disabilities, OAG 05-167, 2005 Tenn. AG LEXIS 169 (11/1/05).

49-10-114. Individualized education programs for children with disabilities.

  1. 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.
  2. Except when a written explanation to the contrary is included, the IEP of a child with a disability must include:
    1. Pre-vocational assessments for students in kindergarten through grade six (K-6), inclusive, or students of comparable chronological age; and
    2. Age-appropriate transition assessments to include, at a minimum, education, training, and employment for students age fourteen (14) and older.

Acts 1986, ch. 729, § 2; 1994, ch. 768, § 2; 2002, ch. 843, § 1; 2019, ch. 107, § 15.

49-10-115. Annual submission of information by LEAs — Annual report by department of education.

  1. Each LEA shall annually submit to the department, at a minimum, the following information in accordance with the department's guidelines:
    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. 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. An assurance that, to the maximum extent appropriate, children with disabilities are educated with children without disabilities;
    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. 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.
  2. The department shall annually report on the department's website, at a minimum, the following information:
    1. The number and percentage of children with disabilities in this state;
    2. The number and percentage of children with disabilities, disaggregated by disability category;
    3. The participation and performance of children with disabilities on state assessments; and
    4. Other performance indicators for children with disabilities.
  3. 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.

Acts 2019, ch. 107, § 16.

Code Commission Notes.

Former § 49-10-115, concerning an educational program directory for preschoolers with disabilities, was deleted as obsolete by the code commission in 2009.

49-10-116. Adoption of rules and regulations permitting LEAs or charter schools to form special education cooperatives.

  1. 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.
  2. 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. The process for establishing a cooperative;
    2. Requirements for approval and monitoring of cooperatives;
    3. Requirements for a written agreement between the parties participating in the cooperative;
    4. Governance of the cooperative;
    5. The manner of financing the cooperative;
    6. Staffing requirements of the cooperative;
    7. Specific procedures for the withdrawal of member LEAs or charter schools from the cooperative; and
    8. Specific procedures for the termination of a cooperative.
  3. 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.

Acts 2019, ch. 107, § 17.

Part 2
Special Education Services Associations [Repealed]

49-10-201. [Repealed.]

Acts 1972, ch. 839, § 4; T.C.A., § 49-2920; Acts 2018, ch. 767, § 3; repealed by Acts 2019, ch. 707, § 18, effective April 11, 2019. Acts 1972, ch. 839, § 4; T.C.A., §§ 49-2920 — 49-2928, 49-2930, 49-2931; Acts 1994, ch. 768, § 2;  2018, ch. 767, §§ 3-17; repealed by Acts 2019, ch. 107,  § 18, effective April 11, 2019.

49-10-202. [Repealed.]

Acts 1972, ch. 839, § 4; T.C.A., § 49-2921; Acts 2018, ch. 767, § 4; repealed by Acts 2019, ch. 107,  § 18, effective April 11, 2019.

Compiler's Notes. Former § 49-10-202 concerned governing boards.

49-10-203. [Repealed.]

Acts 1972, ch. 839, § 4; T.C.A., § 49-2922; Acts 1994, ch. 768, § 2; 2018, ch. 767, §§ 5, 6; repealed by Acts 2019, ch. 107,  § 18, effective April 11, 2019.

Compiler's Notes. Former § 49-10-203 concerned powers.

49-10-204. [Repealed.]

Acts 1972, ch. 839, § 4; T.C.A., § 49-2923; Acts 1994, ch. 768, § 2; 2018, ch. 767, § 7; repealed by Acts 2019, ch. 107,  § 18, effective April 11, 2019.

Compiler's Notes. Former § 49-10-204 concerned special education centers.

49-10-205. [Repealed.]

Acts 1972, ch. 839, § 4; T.C.A., § 49-2924; Acts 1994, ch. 768, § 2; 2018, ch. 767, § 8; repealed by Acts 2019, ch. 107,  § 18, effective April 11, 2019.

Compiler's Notes. Former § 49-10-205 concerned functions.

49-10-206. [Repealed.]

Acts 1972, ch. 839, § 4; T.C.A., § 49-2925; Acts 1994, ch. 768, § 2; 2018, ch. 767, §§ 9, 10; repealed by Acts 2019, ch. 107,  § 18, effective April 11, 2019.

Compiler's Notes. Former § 49-10-206 concerned qualification of school district or charter school as association; application for qualification.

49-10-207. [Repealed.]

Acts 1972, ch. 839, § 4; T.C.A., §§ 49-2926, 49-2927; Acts 1994, ch. 768, § 2; 2018, ch. 767, §§ 11-13; repealed by Acts 2019, ch. 107,  § 18, effective April 11, 2019.

Compiler's Notes. Former § 49-10-207 concerned

49-10-208. [Repealed.]

Acts 1972, ch. 839, § 4; T.C.A., § 49-2928; Acts 2018, ch. 767, § 14; repealed by Acts 2019, ch. 107,  § 18, effective April 11, 2019.

Compiler's Notes. Former § 49-10-208 concerned approval of association for state aid.

49-10-209. [Repealed.]

Acts 1972, ch. 839, § 4; T.C.A., §§ 49-2930, 49-2931; Acts 1994, ch. 768, § 2; 2018, ch. 767, §§ 15-17; repealed by Acts 2019, ch. 107,  § 18, effective April 11, 2019.

Compiler's Notes. Former § 49-10-209 concerned withdrawal from or dissolution of association.

Part 3
Special Education Services Planning [Repealed]

49-10-301. [Repealed.]

Acts 1972, ch. 839, § 5; T.C.A., § 49-2932; Acts 1990, ch. 1024, § 28; 1994, ch. 768, § 2; repealed by Acts 2019,   ch. 107, § 19, effective April 11, 2019.Acts 1972, ch. 839, §§ 5, 9; 1978, ch. 574, § 3;  T.C.A., §§ 49-2932, 49-2933, 49-2937, 49-2938, 49-2939, 49-2940, 49-2950; Acts 1990, ch. 1024, § 28; 1994, ch. 768, § 2; repealed by Acts 2019, ch. 107, § 19, effective April 11, 2019.

49-10-302. [Repealed.]

Acts 1972, ch. 839, §§ 5, 9; T.C.A., §§ 49-2933, 49-2950; Acts 1994, ch. 768, § 2; repealed by Acts 2019, ch. 107, § 19, effective April 11, 2019.

Compiler's Notes. Former § 49-10-302 concerned local plans.

49-10-303. [Repealed.]

Acts 1972, ch. 839, § 5; T.C.A., § 49-2937; repealed by Acts 2019, ch. 107, § 19, effective April 11, 2019.

Compiler's Notes. Former § 49-10-303 concerned state supervision of local plans.

49-10-304. [Repealed.]

Acts 1972, ch. 839, § 5; T.C.A., § 49-2938; Acts 1994, ch. 768, § 2; repealed by Acts 2019, ch. 107, § 19, effective April 11, 2019.

Compiler's Notes. Former § 49-10-304 concerned cooperative undertakings to be considered.

49-10-305. [Repealed.]

Acts 1972, ch. 839, § 5; 1978, ch. 574, § 3; T.C.A., §§ 49-2938, 49-2939; repealed by Acts 2019, ch. 107, § 19, effective April 11, 2019.

Compiler's Notes. Former § 49-10-305 concerned interstate and inter-district agreements.

49-10-306. [Repealed.]

Acts 1972, ch. 839, § 5; T.C.A., § 49-2940; repealed by Acts 2019, ch. 107, § 19, effective April 11, 2019.

Compiler's Notes. Former § 49-10-306 concerned rights of children and parents preserved.

Part 4
Special Education Materials and Training Unit [Repealed]

49-10-401. [Repealed.]

Acts 1972, ch. 839, § 7; T.C.A., §§ 49-2942 – 49-2945, 49-2951; Acts 1994, ch. 768, § 2; repealed by Acts 2019, ch. 107 sec. 20, effective April 11, 2019. Acts 1972, ch. 839, § 7; T.C.A., § 49-2942; repealed by Acts 2019, ch. 107, § 20, effective April 11, 2019.

49-10-402. [Repealed.]

Acts 1972, ch. 839, § 7; T.C.A., § 49-2942; repealed by Acts 2019, ch. 107, § 20, effective April 11, 2019.

Compiler's Notes. Former § 49-10-402 concerned general powers.

49-10-403. [Repealed.]

Acts 1972, ch. 839, § 7; T.C.A., §§ 49-2942, 49-2943; Acts 1994, ch. 768, § 2; repealed by Acts 2019, ch. 107, § 20, effective April 11, 2019.

Compiler's Notes. Former § 49-10-403 concerned unit to make equipment available.

49-10-404. [Repealed.]

Acts 1972, ch. 839, § 7; T.C.A., §§ 49-2943, 49-2944; Acts 1994, ch. 768, § 2; repealed by Acts 2019, ch. 107, § 20, effective April 11, 2019.

Compiler's Notes. Former § 49-10-404 concerned contracts for provision or acquisition of equipment or services.

49-10-405. [Repealed.]

Acts 1972, ch. 839, § 7; T.C.A., § 49-2945; repealed by Acts 2019, ch. 107, § 20, effective April 11, 2019.

Compiler's Notes. Former § 49-10-405 concerned inspection of records and facilities; reports.

49-10-406. [Repealed.]

Acts 1972, ch. 839, § 9; T.C.A., § 49-2951; repealed by Acts 2019, ch. 107, § 20, effective April 11, 2019.

Compiler's Notes. Former § 49-10-406 concerned in-service training programs.

Part 5
Special Education Resources Centers [Repealed]

49-10-501. [Repealed.]

Acts 1972, ch. 839, § 7; T.C.A., § 49-2946; repealed by Acts 2019, ch. 107, § 21, effective April 11, 2019.

Compiler's Notes. Former part 5, § 49-10-501, concerned special education resources centers.

Part 6
Rights of Children and Parents

49-10-601. Procedural safeguards.

  1. The department shall establish, maintain, and implement procedural safeguards that meet the requirements of the IDEA related to the following:
    1. Independent educational evaluations;
    2. Prior written notice;
    3. Parental consent;
    4. Access to and confidentiality of education records;
    5. State complaint and dispute resolution procedures and forms;
    6. The availability of mediation;
    7. Procedures when disciplining children with disabilities;
    8. Requirements for unilateral placement by parents of children in private schools at public expense;
    9. Advocacy services; and
    10. Free and low cost legal services.
  2. 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. Upon initial referral or parent request for evaluation;
    2. Upon receipt of the first state or due process complaint in a school year;
    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. Upon request by a parent.
  3. The department shall maintain a current copy of the procedural safeguards on its website.

Acts 1972, ch. 839, § 8; 1978, ch. 574, § 5; T.C.A., § 49-2947; Acts 1993, ch. 249, §§ 1, 2; 1994, ch. 768, § 2; 2008, ch. 678, § 1; 2019, ch. 107, § 22.

Cross-References. Individualized education programs for children with disabilities, § 49-10-114.

Vocational school, institution of higher learning, tuition reduction for children of state employees, § 8-50-115.

Confidentiality of public records, § 10-7-504.

Law Reviews.

Special Education Rights and Remedies (Tim Wibking), 23 No. 2 Tenn. B.J. 29 (1987).

NOTES TO DECISIONS

1. Construction with Other Statutes.

A hearing officer appointed by the state board of education under this section constitutes an “agency” within the definition of the Uniform Administrative Procedures Act, compiled in title 4, ch. 5, and review conducted of placement constitutes a “contested case” under that act. Ogden v. Kelley, 594 S.W.2d 702, 1980 Tenn. LEXIS 419 (Tenn. 1980).

Although the hearing officer is examining and evaluating a decision made by local school officials, both the proceedings and judicial review of those proceedings should be conducted under and governed by the Uniform Administrative Procedures Act, compiled in title 4, ch. 5. Ogden v. Kelley, 594 S.W.2d 702, 1980 Tenn. LEXIS 419 (Tenn. 1980).

2. Mandatory Procedures.

Action of parents of child with disabilities in federal court was dismissed because they failed to avail themselves of mandatory, and effective, state procedures for resolving dispute about child's educational program. Crocker v. Tennessee Secondary School Athletic Ass'n, 873 F.2d 933, 1989 U.S. App. LEXIS 5958 (6th Cir. Tenn. 1989).

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.

Acts 1972, ch. 839, § 8; T.C.A., § 49-2948; Acts 2019, ch. 107, § 23.

49-10-603. [Repealed.]

Acts 2007, ch. 598, § 2; repealed by Acts 2019, ch. 107, § 24, effective April 11, 2019.

Compiler's Notes. Former § 49-10-603 concerned enforcement of the Individuals with Disabilities Education Act and state special education laws.

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. 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. 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. 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. 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. 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. 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.

Acts 2007, ch. 598, § 3; 2019, ch. 107, § 25.

49-10-605. Mediation process.

  1. 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.
  2. In addition to the requirements set forth in the IDEA, the procedures must ensure that the mediation process:
    1. Is voluntary on the part of the parties;
    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. Is conducted by a qualified and impartial mediator who is trained in effective mediation techniques.
  3. 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.
  4. The mediators who conduct special education mediations shall receive legal training in special education law.
  5. All parties shall participate in mediation in good faith.

Acts 2007, ch. 598, § 4; 2008, ch. 678, §§ 2, 3; 2019, ch. 107, § 26.

49-10-606. Conducting special education due process cases.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. Final orders include a determination of prevailing party status on an issue by issue basis.
  7. 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.
  8. 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.
  9. 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.

Acts 2007, ch. 598, § 5; 2008, ch. 678, § 4; 2019, ch. 107, §§ 27–29.

49-10-607. [Repealed.]

Acts 2007, ch. 598, § 6; repealed by Acts 2019, ch. 107, § 30, effective April 11, 2019.

Compiler's Notes. Former § 49-10-607 concerned the exclusion of attorneys from IEP team.

49-10-608. [Reserved.]

Acts 2007, ch. 598, § 8; repealed by Acts 2019, ch. 107, § 31, effective April 11, 2019.

Compiler's Notes. Former § 49-10-609 concerned rules and regulations.

49-10-610. [Repealed.]

Acts 2008, ch. 678, § 5; repealed by Acts 2019, ch. 107, § 32, effective April 11, 2019.

Compiler's Notes. Former § 49-10-610  concerned approval and payment of training in special education law for administrative law judges.

Part 7
Early Intervention Program

49-10-701. [Repealed.]

Acts 1953, ch. 70, § 19 (Williams, § 2417.194); Acts 1955, ch. 136, § 12; 1967, ch. 49, §§ 2, 3; 1974, ch. 654, § 134; T.C.A. (orig. ed.), § 49-2902; Acts 1986, ch. 729, § 1; 2011, ch. 47, § 35; repealed by Acts 2019, ch. 107, § 33, effective April 11, 2019.

Compiler's Notes. Former § 49-10-701 concerned the authority of the state board of education in area of special education.

49-10-702. Statewide early intervention program for infants and toddlers with disabilities and their families.

  1. 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.
  2. 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.

Acts 1989, ch. 248, § 1; 1991, ch. 490, § 1; 1994, ch. 768, § 2; 2019, ch. 107, § 34.

Part 8
Services for Blind Persons [Repealed]

49-10-801. [Repealed.]

Code 1858, §§ 1565, 1567, 1569-1571, 1573 (deriv. Acts 1845-1846, ch. 157, § 5); Acts 1859-1860, ch. 19, §§ 1; 1859-1860, ch. 123, §§ 3, 4; 1870, ch. 54, § 10; 1871, ch. 121, § 1; 1877, ch. 49, § 1; impl. am. Acts 1915, ch. 20, §§ 5, 9, 12; Shan., §§ 2643, 2645, 2647, 2648, 2650, 2651, 2653, 2654, 2658; impl. am. Acts 1919, ch. 39, § 2; impl. am. Acts 1923, ch. 7, § 42; mod. Code 1932, §§ 4535, 4536, 4538-4543, 4546; impl. am. Acts 1947, ch. 113, §§ 1, 2; C. Supp. 1950, § 4538; Acts 1953, ch. 54, § 1; modified; Acts 1955, ch. 298, § 1; 1972, ch. 469, § 1; T.C.A. (orig. ed.), §§ 49-3001, 49-3002, 49-3004 — 49-3011; Acts 1984 (1st E.S.), ch. 6, §§ 21, 22; repealed by Acts 2019, ch. 107, § 35, effective April 11, 2019.Code 1858, §§ 1565, 1567, 1569-1571, 1573 (deriv. Acts 1845-1846, ch. 157, § 5); Acts 1859-1860, ch. 19, § 1; 1859-1860, ch. 123, §§ 3, 4; 1870, ch. 54, § 10; 1871, ch. 121, § 1; 1877, ch. 49, § 1; impl. am. Acts 1915, ch. 20, §§ 5, 9, 12; Acts 1915, ch. 82, § 1; Shan., §§ 2643, 2645, 2647, 2648, 2650, 2651, 2653, 2654, 2658, 2659a1; impl. am. Acts 1919, ch. 39, § 2; impl. am. Acts 1923, ch. 7, § 42; mod. Code 1932, §§ 4535, 4536, 4538-4543, 4546, 4547; impl. am. Acts 1947, ch. 113, §§ 1, 2; C. Supp. 1950, § 4538; Acts 1951, ch. 107, §§ 1, 2 (Williams, §§ 2452.4, 2452.5); modified; Acts 1951, ch. 141, § 3 (Williams, § 2452.6); Acts 1953, ch. 54, § 1; modified; Acts 1955, ch. 298, § 1; Acts 1957, ch. 29, § 1; 1961, ch. 72, § 1; 1961, ch. 254, § 1; 1972, ch. 469, § 1; T.C.A. (orig. ed.), §§ 49-3001, 49-3002, 49-3004 — 49-3011, 49-3014 — 49-3017; Acts 1984 (1st E.S.), ch. 6, §§ 21, 22; repealed by Acts 2019, ch. 107, § 35, effective April 11, 2019.

49-10-802. [Repealed.]

Acts 1951, ch. 107, §§ 1, 2 (Williams, §§ 2452.4, 2452.5); modified; Acts 1951, ch. 141, § 3 (Williams, § 2452.6); Acts 1957, ch. 29, § 1; 1961, ch. 72, § 1; 1961, ch. 254, § 1; T.C.A. (orig. ed.), §§ 49-3014 — 49-3016; repealed by Acts 2019, ch. 107, § 35, effective April 11, 2019.

Compiler's Notes. Former § 49-10-802 concerned scholarship fund for blind persons.

49-10-803. [Repealed.]

Acts 1915, ch. 82, § 1; Shan., § 2659a1; mod. Code 1932, § 4547; T.C.A. (orig. ed.), § 49-3017; repealed by Acts 2019, ch. 107, § 35, effective April 11, 2019.

Compiler's Notes. Former § 49-10-803 concerned training of children not attending Tennessee School for the Blind.

49-10-804. [Repealed.]

Acts 1917, ch. 34, § 2; Shan., § 2659a362 (p. 6568); impl. am. Acts 1923, ch. 7, § 42; Shan. Supp., § 2659a4; Code 1932, § 4550; impl. am. Acts 1943, ch. 154, § 1; Acts 1973, ch. 72, § 1; T.C.A. (orig. ed.), § 49-3020; repealed by Acts 2018, ch. 725, § 49, effective April 18, 2018.Acts 1917, ch. 34, §§ 2-7; Shan., §§ 2659a362–2659a3b7  (p. 6568-6569); Shan. Supp., §§ 2659a5–2659a8; Acts 1921, ch. 6, § 1; impl. am. Acts 1923, ch. 7, §§ 21, 42; Shan. Supp., §§ 2659a4, 2659a9; Code 1932, §§ 4550-4555; impl. am. Acts 1937, ch. 33, § 30; impl. am. Acts 1939, ch. 11, § 15; impl. am. Acts 1943, ch. 154, § 1; Acts 1973, ch. 72, § 1; T.C.A. (orig. ed.), §§ 49-3020 — 49-3025; repealed by Acts 2018, ch. 725, § 49-53, effective April 18, 2018.

49-10-805. [Repealed.]

Acts 1917, ch. 34, § 3; Shan., § 2659a3b3 (p. 6569); Shan. Supp., § 2659a5; Code 1932, § 4551; T.C.A. (orig. ed.), § 49-3021; repealed by Acts 2018, ch. 725,  § 50, effective April 18, 2018.

Compiler's Notes. Former § 49-10-805 concerned employment and home industry.

49-10-806. [Repealed.]

Acts 1917, ch. 34, §§ 4-6; Shan., §§ 2659a3b4-2659a3b6; Shan. Supp., §§ 2659a6-2659a8; Code 1932, §§ 4552-4554; T.C.A. (orig. ed.), §§ 49-3022 — 49-3024; repealed by Acts 2018, ch. 725, § 51, effective April 18, 2018.

Compiler's Notes. Former § 49-10-806 concerned workshops for blind persons.

49-10-807. [Repealed.]

Acts 1917, ch. 34, § 6; Shan., § 2659a3b6 (p. 6569); Shan. Supp., § 2659a8; Code 1932, § 4554; T.C.A. (orig. ed.), § 49-3024; repealed by Acts 2018, ch. 725, § 52, effective April 18, 2018.

Compiler's Notes. Former § 49-10-807 concerned books; visits; miscellaneous services.

49-10-808. [Repealed.]

Acts 1917, ch. 34, § 7; Shan., § 2659a3b7 (p. 6569); Acts 1921, ch. 6, § 1; impl. am. Acts 1923, ch. 7, §§ 21, 42; Shan. Supp., § 2659a9; Code 1932, § 4555; impl. am. Acts 1937, ch. 33, § 30; impl. am. Acts 1939, ch. 11, § 15; T.C.A. (orig. ed.), § 49-3025; repealed by Acts 2018, ch. 725, § 53, effective April 18, 2018.

Compiler's Notes. Former § 49-10-808 concerned appointment and compensation of personnel.

49-10-809. [Repealed.]

Acts 1957, ch. 365, §§ 1-3; T.C.A., § 49-3026; repealed by Acts 2018, ch. 725, § 54, effective April 18, 2018.

Compiler's Notes. Former § 49-10-809 concerned preschool training for blind children and their parents.

Part 9
Services for Deaf Persons [Repealed]

49-10-901. [Repealed.]

Code 1858, §§ 1584, 1585, 1591; impl. am. Acts 1915, ch. 20, §§ 5, 9, 31; Shan., §§ 2664, 2665, 2670; impl. am. Acts 119, ch. 39, § 2; impl. am. Acts 1923, ch. 7, § 42; mod. Code 1932, §§ 4559, 4560, 4562; impl. am. Acts 1937, ch. 33, §§ 24, 29; Acts 1947, ch. 113, § 3; C. Supp. 1950, §§ 4559, 4562; impl. am. Acts 1951, ch. 107, §§ 1, 2 (Williams, §§ 2452.4, 2452.5); modified; T.C.A. (orig. ed.), §§ 49-3111, 49-3112; Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; Acts 1967, ch. 37, § 1; 1972, ch. 716, §§ 1, 2; 1972, ch. 469, § 2; T.C.A. (orig. ed.), §§ 49-3101, 49-3102, 49-3104, 49-3105; Acts 1984 (1st E.S.), ch. 6, § 23; 2011, ch. 158, § 27; repealed by Acts 2019, ch. 107, § 36, effective April 11, 2019.Code 1858, §§ 1584, 1585, 1591; impl. am. Acts 1915, ch. 20, §§ 5, 9, 31; Shan., §§ 2664, 2665, 2670; impl. am. Acts 119, ch. 39, § 2; impl. am. Acts 1923, ch. 7, § 42; mod. Code 1932, §§ 4559, 4560, 4562; impl. am. Acts 1937, ch. 33, §§ 24, 29; Acts 1947, ch. 113, § 3; C. Supp. 1950, §§ 4559, 4562; impl. am. Acts 1951, ch. 107, §§ 1, 2 (Williams, §§ 2452.4, 2452.5); modified; T.C.A. (orig. ed.), §§ 49-3111, 49-3112; Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; Acts 1967, ch. 37, § 1; 1972, ch. 716, §§ 1, 2; 1972, ch. 469, § 2; T.C.A. (orig. ed.), §§ 49-3101, 49-3102, 49-3104, 49-3105; Acts 1984 (1st E.S.), ch. 6, § 23; 2011, ch. 158, § 27; repealed by Acts 2019, ch. 107, § 36, effective April 11, 2019; Acts 1972, ch. 716, §§ 1, 2; T.C.A., § 49-3102; Acts 2011, ch. 158, § 27; repealed by Acts 2019, ch. 107, § 36, effective April 11, 2019; Acts 1951, ch. 107, §§ 1, 2 (Williams, §§ 2452.4, 2452.5); modified; T.C.A. (orig. ed.), §§ 49-3111, 49-3112; repealed by Acts 2019, ch. 107, § 36, effective April 11, 2019.

49-10-902. [Repealed.]

Acts 1972, ch. 716, §§ 1, 2; T.C.A., § 49-3102; Acts 2011, ch. 158, § 27; repealed by Acts 2019, ch. 107, § 36, effective April 11, 2019.

Compiler's Notes. Former § 49-10-902 concerned schools for deaf children, West Tennessee and Davidson County.

49-10-903. [Repealed.]

Acts 1951, ch. 107, §§ 1, 2 (Williams, §§ 2452.4, 2452.5); modified; T.C.A. (orig. ed.), §§ 49-3111, 49-3112; repealed by Acts 2019, ch. 107, § 36, effective April 11, 2019.

Compiler's Notes. Former § 49-10-903 concerned scholarship fund for deaf persons.

Part 10
Children With Multiple Disabilities

49-10-1001. [Repealed.]

Acts 1915, ch. 82, § 3; Shan., § 2659a3; mod. Code 1932, § 4550; impl. am. Acts 1943, ch. 154, § 1; Acts 1961, ch. 57, § 2; T.C.A. (orig. ed.), § 49-3019; Acts 1994, ch. 768, § 2; repealed by Acts 2019, ch. 107,  § 37, effective April 11, 2019.

Compiler's Notes. Former § 49-10-1001 concerned general provisions for children with multiple disabilities.

Part 11
Homebound Instruction for Students

49-10-1101. Establishment of program.

  1. 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.
  2. 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.
  3. 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.

Acts 1986, ch. 843, § 1; 2018, ch. 625, § 1.

Compiler's Notes. Acts 2018, ch. 625, § 3 provided that the act, which amended this section, shall apply to students who qualify for homebound instruction on or after July 1, 2018.

Cross-References. Dropout prevention, title 49, ch. 1, part 5.

49-10-1102. [Repealed.]

Acts 1986, ch. 843, § 1; repealed by Acts 2018, ch. 625, § 2, effective July 1, 2018.

Compiler's Notes. Section  49-10-1102 concerning reimbursement by state for homebound instruction services is repealed by Acts 2018, ch. 625, § 2, effective July 1, 2018.

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.

Acts 1986, ch. 843, § 1.

49-10-1104. [Repealed.]

Acts 1986, ch. 843, § 2; repealed by Acts 2018, ch. 725, § 55, effective April 18, 2018.

Compiler's Notes. Former § 49-10-1104 concerned the approval of expenditures to implement part.

Part 12
Pilot Program for African-American Males [Repealed]

49-10-1201. [Repealed.]

Acts 1992, ch. 772, § 1; repealed by Acts 2018, ch. 725, § 56, effective April 18, 2018.

Compiler's Notes. Former part 10, §§ 49-10-120149-10-1203 (Acts 1992, ch. 772, § 1), concerned the Pilot Program for African-American Males.

49-10-1202. [Repealed.]

Acts 1992, ch. 772, § 1; repealed by Acts 2018, ch. 725, § 56, effective April 18, 2018.

Compiler's Notes. Former part 10, §§ 49-10-120149-10-1203 (Acts 1992, ch. 772, § 1), concerned the Pilot Program for African-American Males.

49-10-1203. [Repealed.]

Acts 1992, ch. 772, § 1; repealed by Acts 2018, ch. 725, § 56, effective April 18, 2018.

Compiler's Notes. Former part 10, §§ 49-10-120149-10-1203 (Acts 1992, ch. 772, § 1), concerned the Pilot Program for African-American Males.

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.”

Acts 2008, ch. 1063, § 1; 2011, ch. 457, § 1.

Compiler's Notes. Acts 2008, ch. 1063, § 7 provided that nothing in the act, which enacted this section, shall be construed to limit the protection afforded publicly funded students under other state or federal laws.

49-10-1302. Purpose of part.

The purposes of this part are:

  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. To encourage the use of positive behavioral interventions and support methods in schools;
  3. To develop properly trained staff in order to promote positive behavioral supports that reduce dependence on isolation and restraint practices; and
  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.

Acts 2008, ch. 1063, § 2.

Compiler's Notes. Acts 2008, ch. 1063, § 7 provided that nothing in the act, which enacted this section, shall be construed to limit the protection afforded publicly funded students under other state or federal laws.

49-10-1303. Part definitions.

For the purposes of this part, unless the context otherwise requires:

  1. “Behavior intervention training program” means a training program in positive behavioral supports, crisis intervention and the safe use of restraint and isolation;
  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. “Emergency situation” means that a child's behavior poses a threat to the physical safety of the student or others nearby;
  4. “Isolation” or “seclusion”:
    1. Means the confinement of a student alone 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; and
    2. 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 an individual student from others;
  5. “Isolation room” means any space, structure, or area pursuant to § 49-10-1305(g) used to isolate a student;
  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 the use of restraints for medical immobilization, adaptive support, or medical protection;
  7. “Noxious substance” means the use of any defense spray or substance as defined by departmental rule;
  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;
  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. Is proactive and instructional, rather than reactive and punitive;
    2. Operates on the following three (3) levels:
      1. Individual;
      2. Group or classroom; and
      3. The whole school;
    3. Includes a system of continual data collection;
    4. Utilizes data-based decision-making;
    5. Applies research-validated positive behavioral interventions; and
    6. Improves academic and social outcomes for all students, including those with the most complex and intensive behavioral needs; and
  10. “School personnel” means an individual employed on a full-time or part-time basis by a public school.

Acts 2008, ch. 1063, § 3; 2011, ch. 457, §§ 2, 4.

Compiler's Notes. Acts 2008, ch. 1063, § 7 provided that nothing in the act, which enacted this section, shall be construed to limit the protection afforded publicly funded students under other state or federal laws.

49-10-1304. Isolation or restraint of student — Reports and record.

  1. A student receiving special education services, as defined by § 49-10-102, may be restrained or isolated only in emergency situations.
  2. Individualized education programs that provide for the use of restraint or isolation in emergency situations shall also contain a data driven functional behavior assessment and a plan for modification of the behavior developed and implemented by a qualified team of professionals.
  3. In the event that restraint or isolation is imposed on a student, it shall be imposed by:
    1. School personnel who have been certified for completing a behavior intervention training program; or
    2. Other school personnel when trained personnel are not immediately available.
    1. If school personnel impose restraints or isolation in an emergency situation, the school shall immediately contact appropriate school personnel who are designated under department rules to authorize the isolation or restraint. Such school personnel authorized by department rules shall see and evaluate the student's condition within a reasonable time after the intervention and the student's parent or guardian shall be notified, orally or by written or printed communication, the same day the isolation or restraint was used. School personnel shall be held harmless for failure to notify if reasonable effort has been made to notify the student's parent or guardian in compliance with this subdivision (d)(1).
    2. If the student's individualized education program does not provide for the use of isolation or restraint for the behavior precipitating such action or if school personnel are required to use isolation or restraint over an extended period of time as determined by department rules, then an individual education program meeting shall be convened within ten (10) days following the use of the isolation or restraint. If the behavior precipitating such action also warrants a change of placement, the child will have all rights provided under applicable state and federal law.
      1. School personnel may report a suspected crime by calling a law enforcement official;
      2. School personnel may file a juvenile petition against a student receiving special education, only after conducting a manifestation determination that results in a determination that the behavior that resulted in the act requiring disciplinary action was not caused by the student's disability; or
      3. A school resource officer (SRO), as defined by § 49-6-4202, may, upon witnessing an offense, take the student into custody.
    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 who shall record 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. Whenever possible, an additional school staff member should serve as an observer to any act of physical 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.
  4. 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. Training in evidence-based techniques shown to be effective in the prevention of isolation and physical restraint;
    2. Training in evidence-based techniques shown to be effective in keeping both school personnel and students safe when imposing physical restraint or isolation;
    3. Evidence-based skills training on positive behavioral interventions and supports, conflict prevention, functional behavior assessments, de-escalation, and conflict management;
    4. Information describing state statutes, policies, rules, and procedures on restraint and isolation;
    5. Training in the identification and reporting of abuse and neglect in the school setting; and
    6. Certification for school personnel who have completed a behavior intervention training program which should be renewed on a periodic basis.

Acts 2008, ch. 1063, § 4; 2010, ch. 856, § 1; 2011, ch. 457, §§ 5-8.

Compiler's Notes. Acts 2008, ch. 1063, § 7 provided that nothing in the act, which enacted this section, shall be construed to limit the protection afforded publicly funded students under other state or federal laws.

NOTES TO DECISIONS

1. Violation.

Teacher received a three-day suspension for the May 11, 2015 incident, and thus this incident could not serve as a ground for dismissal; however, her behavior that day was relevant because she was subject to a corrective action plan when it occurred, and the evidence supported a finding that the teacher illegally restrained a special education student. Finney v. Franklin Special Sch. Dist. Bd. of Educ., 576 S.W.3d 663, 2018 Tenn. App. LEXIS 571 (Tenn. Ct. App. Sept. 28, 2018), appeal denied, — S.W.3d —, 2019 Tenn. LEXIS 118 (Tenn. Feb. 20, 2019).

49-10-1305. Restrictions on administration of, or use of, isolation or restraint.

  1. 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 child's parent or guardian's consent to administer such chemical restraint.
  2. Administering a noxious substance to a student receiving special education services, as defined by § 49-10-102, is prohibited.
  3. The use of any mechanical restraint on any student receiving special education services, as defined by § 49-10-102, is prohibited.
  4. 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.
    1. The use of isolation or physical holding 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. 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.
      1. The use of physical holding restraint in the following circumstances is not prohibited:
        1. The brief holding by an adult in order to calm or comfort;
        2. The minimum contact necessary to physically escort a student from one area to another;
        3. Assisting a student in completing a task or response if the student does not resist, or resistance is minimal in intensity or duration; or
        4. Holding a student for a brief time in order to prevent any impulsive behavior that threatens the student's immediate safety.
      2. The school is not required to notify the student's parent or guardian pursuant to § 49-10-1304 in any of the circumstances listed in subdivision (e)(3)(A).
  5. 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.
  6. Any space used as an isolation room shall be:
    1. Unlocked and incapable of being locked;
    2. Free of any condition that could be a danger to the student;
    3. Well ventilated and temperature controlled;
    4. Sufficiently lighted for the comfort and well-being of the student;
    5. Where school personnel are in continuous direct visual contact with the student at all times;
    6. At least forty square feet (40 sq. ft.); and
    7. In compliance with all applicable state and local fire, health, and safety codes.
  7. 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.

Acts 2008, ch. 1063, § 5; 2011, ch. 457, §§ 9-11.

Compiler's Notes. Acts 2008, ch. 1063, § 7 provided that nothing in the act, which enacted this section, shall be construed to limit the protection afforded publicly funded students under other state or federal laws.

49-10-1306. Records of isolation and restraint — Reports — Promulgation of rules and regulations.

  1. Each school shall maintain all records of isolation and restraint.
  2. 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. The number of incidents involving the use of isolation and restraint since the previous semiannual report;
    2. The number of instances in which the school personnel imposing physical restraint or isolation were not trained and certified;
    3. Any injuries, deaths, or property damage that occurred;
    4. The timeliness of parental notification; and
    5. Demographic information to determine whether disproportionate use of these interventions exists.
  3. The local education agency shall use the information obtained from records of isolation and restraint in developing its behavior intervention training program.
  4. 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.
  5. 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.
  6. 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.

Acts 2008, ch. 1063, § 6; 2010, ch. 1100, § 80; 2011, ch. 457, § 12; 2012, ch. 575, § 1.

Compiler's Notes. Acts 2008, ch. 1063, § 7 provided that nothing in the act, which enacted this section, shall be construed to limit the protection afforded publicly funded students under other state or federal laws.

Acts 2010, ch. 1100, § 153 provided that the commissioner of mental health and developmental disabilities, the commissioner of mental health, the commissioner of intellectual and developmental disabilities, and the commissioner of finance and administration are authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the provisions of 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 restraint and isolation. Further, the contracting agency shall report to a designated LEA representative each instance of the use of restraint and isolation to accomplish the parental notification provided in this part.

Acts 2011, ch. 457, § 3.

Part 14
Individualized Education Act

49-10-1401. Short title.

This part shall be known and may be cited as the “Individualized Education Act.”

Acts 2015, ch. 431, § 2.

Compiler's Notes. Acts 2015, ch. 431, § 8 provided that the state board is authorized to promulgate rules, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to effectuate the purposes of this part; provided, that the state board shall not promulgate any emergency rule, pursuant to § 4-5-208, for the implementation of this part prior to August 1, 2016.

Acts 2015, ch. 431, § 10 provided that the act, which enacted this part, shall take effect May 18, 2015, for purposes of promulgating rules and procedures, the public welfare requiring it. For all other purposes, including development by the department of education of administrative procedures to effectuate the first award of individualized education accounts during the 2016-2017 school year, the act shall take effect January 1, 2016, the public welfare requiring it.

49-10-1402. Part definitions.

As used in this part, unless the context otherwise requires:

  1. “Department” means the department of education;
  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. “Eligible student” means a resident of this state who:
    1. Is a child with any of the following disabilities as defined by the state board of education pursuant to § 49-10-102:
      1. Autism;
      2. Deaf-blindness;
      3. Hearing impairments;
      4. Intellectual disability;
      5. Orthopedic impairments;
      6. Traumatic brain injury;
      7. Visual impairments;
      8. Developmental delay; or
      9. Multiple disabilities;
    2. 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. Meets at least one (1) of the following requirements:
      1. 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. Is enrolling in a Tennessee school for the first time; or
      3. Received an individualized education account (IEA) in the previous school year;
  4. “IEA” means an individualized education account;
  5. “Parent” means the parent, legal guardian, person who has custody of the child, or person with caregiving authority for the child;
  6. “Participating school” means a nonpublic school that meets the requirements established in this part and seeks to enroll eligible students;
  7. “Participating student” means an eligible student whose parent is participating in the individualized education account (IEA) program; and
  8. “Program” means the individualized education account (IEA) program created in this part.

Acts 2015, ch. 431, § 3; 2016, ch. 620, § 1; 2017, ch. 305, §§ 1-3.

Compiler's Notes. Acts 2015, ch. 431, § 8 provided that the state board is authorized to promulgate rules, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to effectuate the purposes of this part; provided, that the state board shall not promulgate any emergency rule, pursuant to § 4-5-208, for the implementation of this part prior to August 1, 2016.

Acts 2015, ch. 431, § 10 provided that the act, which enacted this part, shall take effect May 18, 2015, for purposes of promulgating rules and procedures, the public welfare requiring it. For all other purposes, including development by the department of education of administrative procedures to effectuate the first award of individualized education accounts during the 2016-2017 school year, the act shall take effect January 1, 2016, the public welfare requiring it.

49-10-1403. Parental agreement for participation in individualized education account (IEA) program — Requirements.

  1. A parent of an eligible student shall qualify to participate in the program if the parent signs an agreement promising:
    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. 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).
  2. 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. Tuition or fees at a participating school;
    2. Textbooks required by a participating school;
    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. Payment for purchase of curriculum, including any supplemental materials required by the curriculum;
    5. Fees for transportation paid to a fee-for-service transportation provider;
    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. Fees for nationally standardized norm-referenced achievement tests, Advanced Placement examinations, or any examinations related to college or university admission;
    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. Educational therapies or services provided by therapists that meet the requirements set by the department and the state board of education;
    10. Services provided under a contract with a public school, including individual classes and extracurricular programs;
    11. Tuition or fees at an eligible postsecondary institution;
    12. Textbooks required for courses at an eligible postsecondary institution;
    13. Fees for the management of the IEA by private financial management firms;
    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. 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.
  3. Parents may make payments for the costs of educational programs and services not covered by the funds in their IEA.
  4. 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).
  5. 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.
  6. 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.
  7. 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 basic education program (BEP) account of the education trust fund of 1992 under §§ 49-3-357 and 49-3-358.
  8. 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).
  9. A participating student's IEA shall be closed, and any remaining funds shall be returned to the state treasurer to be placed in the basic education program (BEP) 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.
  10. 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.

Acts 2015, ch. 431, § 4; 2016, ch. 793, § 1; 2017, ch. 305, §§ 4-13.

Compiler's Notes. Acts 2015, ch. 431, § 8 provided that the state board is authorized to promulgate rules, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to effectuate the purposes of this part; provided, that the state board shall not promulgate any emergency rule, pursuant to § 4-5-208, for the implementation of this part prior to August 1, 2016.

Acts 2015, ch. 431, § 10 provided that the act, which enacted this part, shall take effect May 18, 2015, for purposes of promulgating rules and procedures, the public welfare requiring it. For all other purposes, including development by the department of education of administrative procedures to effectuate the first award of individualized education accounts during the 2016-2017 school year, the act shall take effect January 1, 2016, the public welfare requiring it.

49-10-1404. Requirements for participating schools — Penalties for noncompliance.

  1. 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.
  2. To ensure that students are treated fairly and kept safe, all participating schools shall:
    1. Comply with all health and safety laws or codes that apply to nonpublic schools;
    2. Certify that they shall not discriminate against students or applicants on the basis of race, color, or national origin; and
    3. Conduct criminal background checks on employees. The participating school then shall:
      1. Exclude from employment any person not permitted by state law to work in a nonpublic school; and
      2. Exclude from employment any person who might reasonably pose a threat to the safety of students.
  3. 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.

Acts 2015, ch. 431, § 5.

Compiler's Notes. Acts 2015, ch. 431, § 8 provided that the state board is authorized to promulgate rules, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to effectuate the purposes of this part; provided, that the state board shall not promulgate any emergency rule, pursuant to § 4-5-208, for the implementation of this part prior to August 1, 2016.

Acts 2015, ch. 431, § 10 provided that the act, which enacted this part, shall take effect May 18, 2015, for purposes of promulgating rules and procedures, the public welfare requiring it. For all other purposes, including development by the department of education of administrative procedures to effectuate the first award of individualized education accounts during the 2016-2017 school year, the act shall take effect January 1, 2016, the public welfare requiring it.

49-10-1405. Administration of IEA program by department.

  1. In administering the IEA program, the department shall:
    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 per pupil state and local funds generated and required through the basic education program (BEP) for the LEA in which the student resides and is zoned to attend. 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;
      1. 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. 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;
    2. Establish application and participation timelines that shall maximize student and school participation;
    3. 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;
    4. Ensure that lower-income families are made aware of the program and their children's potential eligibility;
    5. Adopt policies necessary for the administration of the IEA program, including:
      1. Policies for conducting or contracting for random, quarterly, or annual reviews of accounts;
      2. Policies for establishing or contracting for the establishment of an online anonymous fraud reporting service; and
      3. Policies for establishing an anonymous telephone hotline for reporting fraud; and
    6. 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.
  2. 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.
  3. 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.

Acts 2015, ch. 431, § 6; 2016, ch. 620, § 2; 2017, ch. 305, §§ 14-19.

Compiler's Notes. Acts 2015, ch. 431, § 8 provided that the state board is authorized to promulgate rules, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to effectuate the purposes of this part; provided, that the state board shall not promulgate any emergency rule, pursuant to § 4-5-208, for the implementation of this part prior to August 1, 2016.

Acts 2015, ch. 431, § 10 provided that the act, which enacted this part, shall take effect May 18, 2015, for purposes of promulgating rules and procedures, the public welfare requiring it. For all other purposes, including development by the department of education of administrative procedures to effectuate the first award of individualized education accounts during the 2016-2017 school year, the act shall take effect January 1, 2016, the public welfare requiring it.

49-10-1406. Autonomy of participating schools.

  1. A participating school is autonomous and not an agent of the state or federal government.
  2. 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.
  3. 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.
  4. 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.
  5. 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.

Acts 2015, ch. 431, § 7.

Compiler's Notes. Acts 2015, ch. 431, § 8 provided that the state board is authorized to promulgate rules, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to effectuate the purposes of this part; provided, that the state board shall not promulgate any emergency rule, pursuant to § 4-5-208, for the implementation of this part prior to August 1, 2016.

Acts 2015, ch. 431, § 10 provided that the act, which enacted this part, shall take effect May 18, 2015, for purposes of promulgating rules and procedures, the public welfare requiring it. For all other purposes, including development by the department of education of administrative procedures to effectuate the first award of individualized education accounts during the 2016-2017 school year, the act shall take effect January 1, 2016, the public welfare requiring it.

49-10-609. [Repealed.]

Chapter 11
Career and Technical Education

Compiler's Notes. The chapter heading has been amended in light of the terminology changes made by Acts 2015, ch. 55.

Part 1
General Provisions

49-11-101. Administration — State board for career and technical education.

    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. 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. 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.
  1. 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.

Acts 1925, ch. 115, § 21; Shan. Supp., §§ 1487a148, 1487a151; Code 1932, §§ 2476, 2478; modified; Acts 1957, ch. 139, § 1; T.C.A. (orig. ed.), § 49-2701; Acts 1983, ch. 181, § 15; T.C.A. (orig. ed.), § 49-27-101; Acts 2006, ch. 1016, § 3; 2008, ch. 888, § 2; 2015, ch. 55, § 7; 2019, ch. 204, §§ 9-11.

Compiler's Notes. Effective July 1, 1983, authority for the system created under part 4 of this chapter was transferred from the state board of education and the division of vocational-technical education of the department of education to the board of regents. Selected transitional provisions were contained in the transfer statute, Acts 1983, ch. 181. The board of regents also has authority over the technical community college pilot program, part 5 of this chapter.

Acts 1994, ch. 685, § 4 provided that Acts 1994, ch. 685 does not affect the organization, naming or administration of the vocational and technical programs governed by the state board of education, the state board for vocational education or local education agencies under Parts 1-3 of this chapter, except for the provisions of subsection (b) regarding the authority of the state board of regents.

Cross-References. Vocational school, institution of higher learning, tuition reduction for children of state employees, § 8-50-115.

Law Reviews.

Education and the Court: The Supreme Court's Educational Ideology, 40 Vand. L. Rev. 939 (1987).

49-11-102. Occupational educator scholarship.

  1. The department of education shall, subject to available funds, administer an occupational educator scholarship program for prospective educators seeking a Tennessee occupational teaching license.
  2. To be eligible for an occupational educator scholarship, a prospective educator, in accordance with the rules promulgated under subsection (c), must:
    1. Be a Tennessee resident for one (1) year immediately preceding the date of application for a scholarship;
    2. Apply for an occupational educator scholarship;
    3. Be admitted to an eligible educator preparation program;
    4. Agree to teach occupational career and technical education courses in a Tennessee public school for a specified time; and
    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.
  3. 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.

Acts 1925, ch. 115, § 21; Shan. Supp., § 1487a153; Code 1932, § 2480; modified; Acts 1957, ch. 139, §§ 2, 3; T.C.A. (orig. ed.), §§ 49-2702, 49-2703; Acts 1983, ch. 181, § 14; T.C.A. (orig. ed.), §§ 49-27-102, 49-27-103; Acts 2015, ch. 55, § 8; 2019, ch. 204, § 12.

49-11-103. Agriculture education— Funding.

  1. 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.
  2. The money authorized in subsection (a) shall be used for:
    1. Offering scholarships to agriculture education students;
    2. Promoting contests in crops and livestock, including the expenses of the state's agriculture education livestock judging teams to the national shows;
    3. Maintaining and improving state summer training camp for the agriculture education students of the state;
    4. Providing expenses of the delegates of the agriculture education students to their national convention; and
    5. Providing expenses of Tennessee's master teacher of agriculture education to the southern regional conference of agriculture education workers.
  3. The amount of money set forth in subsection (a) shall become available on July 1 of each year.

Acts 1929, ch. 140, §§ 1-3; mod. Code 1932, §§ 2549-2551; Acts 1957, ch. 139, § 5; T.C.A. (orig. ed.), §§ 49-2704 — 49-2708; T.C.A., §§ 49-27-10449-27-106; Acts 2015, ch. 55, §§ 9, 10.

49-11-104. Career and technical education in grades six through twelve.

    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. 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).
    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. The operation of the facilities shall be by local boards of education or as joint facilities by two (2) or more local systems.
    3. Appropriate counseling shall be made available in grades six (6), seven (7), and eight (8).
    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. 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. In the selection of career and technical instructors, some practical experience shall be considered an essential qualification.
  1. 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. 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. 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. 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;
      1. 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. 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. 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. 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. 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
    4. 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.
  2. 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.
    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. The student shall have available to the student the programs of any facility.

Acts 1973, ch. 278, § 1; 1975, ch. 260, § 1; 1976, ch. 494, § 1; 1977, ch. 241, § 1; 1977, ch. 245, § 1; 1977, ch. 247, § 1; 1978, ch. 572, § 1; 1979, ch. 178, § 1; 1980, ch. 458, § 1; T.C.A., § 49-2709; T.C.A., § 49-27-107; Acts 1994, ch. 685, § 3; 2013, ch. 473, § 6; 2015, ch. 55, § 11; 2018, ch. 495, § 8; 2019, ch. 204, § 13; 2019, ch. 366, §§ 1-4.

49-11-105. Unlawful discrimination.

  1. 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.
  2. A violation of this section is a Class C misdemeanor.

Acts 1975, ch. 88, § 1; T.C.A., § 49-2710; T.C.A., § 49-27-108; Acts 1989, ch. 591, § 113.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

49-11-106. Replacement or transfer of state-owned property.

  1. 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).
  2. 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.
  3. 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.
  4. 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.

Acts 1984, ch. 738, §§ 1-3; 1986, ch. 683, § 1; 2015, ch. 55, § 12.

49-11-107. Purchases for use by clients of program.

  1. 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.
  2. 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.
  3. 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.

Acts 1993, ch. 260, § 1.

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.

Acts 2002, ch. 813, § 1; 2015, ch. 55, § 13.

49-11-109. [Repealed.]

Acts 2018, ch. 991, § 1; repealed by Acts 2019, ch. 468, § 5, effective July 1, 2019.

Compiler's Notes. Former § 49-11-109 concerned the liability of employers for work-based learning students.

49-11-110. Preparation of students in middle school grades for career and technical education pathway.

  1. The department of education is encouraged to 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.
  2. The department of education is encouraged to:
    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. Introductory courses or activities focused on career exploration and career awareness, including nontraditional fields;
      2. Readily available career and labor market information, including information on:
        1. Occupational supply and demand;
        2. Educational requirements;
        3. Other information on careers aligned to state or local priorities, as applicable; and
        4. Employment sectors;
      3. Programs and activities related to the development of student graduation and career plans;
      4. Career guidance and academic counselors that provide information on postsecondary education and career options;
      5. 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. Providing students with strong experience in, and a comprehensive understanding of, all aspects of an industry; and
    2. Provide professional development opportunities for teachers and faculty related to CTE for students in middle school grades.

Acts 2019, ch. 366, § 7.

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.

  1. 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.
    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. 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.
  2. 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.

Acts 2019, ch. 492, § 1.

Part 2
Tennessee Council for Career and Technical Education

49-11-201. Creation — Membership.

  1. There is created the Tennessee council for career and technical education.
    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. The governor shall appoint thirteen (13) individuals to fill each of the following categories:
      1. 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. Five (5) shall be representatives of business, industry, trade organizations, and agriculture; and
        2. Two (2) shall be representatives of labor organizations; and
      2. 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. 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.

Acts 1980, ch. 791, § 1; T.C.A., § 49-27-201; Acts 1985, ch. 129, § 1; 1994, ch. 763, §§ 1, 2; 2006, ch. 1016, § 4; 2015, ch. 55, § 14; 2017, ch. 433, § 1.

Compiler's Notes. The Tennessee council for career and technical education, created by this section, terminates June 30, 2021. See §§ 4-29-112, 4-29-242.

49-11-202. Duties

The Tennessee council for career and technical education shall:

  1. Meet with the department of education or its representatives during the planning year to advise on the development of the state plan;
  2. Advise the department of education and make reports to the governor, the business community and general public of the state concerning:
    1. Policies the state should pursue to strengthen career and technical education, with particular attention to programs for students with disabilities; and
    2. Initiatives and methods the private sector could undertake to assist in the modernization of career and technical education programs;
  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. Furnish consultation to the department of education on the establishment of evaluation criteria for career and technical education programs within the state;
  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. Assess the distribution of financial assistance between secondary career and technical education programs and postsecondary career and technical education programs;
  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. 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. Individuals with disabilities;
    2. Disadvantaged individuals;
    3. Adults who are in need of training and retraining;
    4. Individuals who are single parents or homemakers;
    5. Individuals who participate in programs designed to eliminate sex bias and stereotyping in career and technical education; and
    6. Criminal offenders who are serving in a correctional institution;
  9. Evaluate career and technical education program delivery systems at least once every two (2) years;
  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. Advise the governor, the general assembly, the Tennessee board of regents, and the department of education of these findings and recommendations.

Acts 1980, ch. 791, § 2; T.C.A., § 49-27-202; Acts 1985, ch. 129, § 2; 2006, ch. 1016, § 4; 2019, ch. 204,  §§ 14, 15.

Cross-References. Reporting requirement satisfied by notice to general assembly members of publication of report, § 3-1-114.

49-11-203. Funding — Compensation — Staff.

  1. 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.
  2. 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.
  3. 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.
    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. The executive director serves at the pleasure of the governor.
    3. The governor shall set the salary for the executive director.
    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. 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.
  4. 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.

Acts 1980, ch. 791, § 3; T.C.A., § 49-27-203; Acts 1985, ch. 129, § 3; 1994, ch. 763, § 3; 2006, ch. 1016, § 4; 2012, ch. 986, § 22; 2017, ch. 433, §§ 2, 3.

Compiler's Notes. Acts 2012, ch. 986, § 48 provided that all rules, regulations, orders, and decisions heretofore issued or promulgated by any of the boards or commissions, which the act terminates or merges into another board or commission, shall remain in full force and effect. In the case of the boards or commissions that are merged with another board or commission by the act, all final rules, regulations, orders, and decisions together with any matters that are pending on October 1, 2012, shall hereafter be administered, enforced, modified, or rescinded in accordance with the law applicable to the continuing board or commission.

49-11-204. Administration.

The council for career and technical education shall be administratively attached to the board of regents.

Acts 2012, ch. 986, § 21; 2017, ch. 433, § 4.

Compiler's Notes. Acts 2012, ch. 986, § 48 provided that all rules, regulations, orders, and decisions heretofore issued or promulgated by any of the boards or commissions, which the act terminates or merges into another board or commission, shall remain in full force and effect. In the case of the boards or commissions that are merged with another board or commission by the act, all final rules, regulations, orders, and decisions together with any matters that are pending on October 1, 2012, shall hereafter be administered, enforced, modified, or rescinded in accordance with the law applicable to the continuing board or commission.

Part 3
Career and Technical Education Centers Generally

49-11-301. Establishment authorized.

The establishment of career and technical education centers is authorized.

Acts 1947, ch. 98, § 1; C. Supp. 1950, § 2483.11 (Williams, § 2483.5); T.C.A. (orig. ed.), § 49-2601; Acts 2015, ch. 55, § 15.

Cross-References. Statewide system of state colleges of applied technology, title 49, ch. 11, part 4.

49-11-302. “Career and technical education center” defined — Area covered.

  1. “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.
  2. 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.

Acts 1947, ch. 98, § 2; C. Supp. 1950, § 2483.12 (Williams, § 2483.6); modified; T.C.A. (orig. ed.), § 49-2602; Acts 2015, ch. 55, §§ 15, 19.

49-11-303. Contracts for operation.

  1. 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.
  2. 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.

Acts 1947, ch. 98, §§ 4, 6; C. Supp. 1950, §§ 2483.14, 2483.16 (Williams, §§ 2483.8, 2483.10); Acts 1974, ch. 654, § 126; T.C.A. (orig. ed.), §§ 49-2603, 49-2606; Acts 2015, ch. 55, § 15.

49-11-304. Admission — Tuition free.

  1. 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.
    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. Admission shall not be based on academic credits or college entrance requirements.

Acts 1947, ch. 98, §§ 3, 4; C. Supp. 1950, §§ 2483.13, 2483.14 (Williams, §§ 2483.7, 2483.8); Acts 1974, ch. 654, § 126; T.C.A. (orig. ed.), §§ 49-2603, 49-2607.

49-11-305. Use of school funds and facilities.

  1. 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.
  2. Existing school plants and facilities may be used, or new plants may be acquired or constructed.
  3. 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.
  4. 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.

Acts 1947, ch. 98, § 4; C. Supp. 1950, § 2483.14 (Williams, § 2483.8); Acts 1974, ch. 654, §§ 127, 128; T.C.A. (orig. ed.), § 49-2604; Acts 2015, ch. 55, § 15.

49-11-306. Administration.

  1. The contracts entered into between the local school districts maintaining the career and technical education center shall provide the method of administering the school.
    1. The administration of the school may be placed under the county or city board of education in which the school is located.
    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.
    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. 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. 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.
    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. 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. 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.

Acts 1947, ch. 98, § 5; C. Supp. 1950, § 2483.15 (Williams, § 2483.9); Acts 1974, ch. 654, § 129; T.C.A. (orig. ed.), § 49-2605; Acts 2015, ch. 55, § 15.

49-11-307. Purpose and curriculum.

  1. 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.
    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. Work experiences, whenever feasible, shall be an integral part of the training for the occupation selected.

Acts 1947, ch. 98, § 3; C. Supp. 1950, § 2483.13 (Williams, § 2483.7); T.C.A. (orig. ed.), § 49-2607; Acts 2015, ch. 55, § 15; 2019, ch. 366, § 5.

Compiler's Notes. Acts 2019, ch. 366, § 8 provided that the act, which amended this section, shall apply to the 2019-2020 school year and each school year thereafter.

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.

Acts 1947, ch. 98, § 6; C. Supp. 1950, § 2483.16 (Williams, § 2483.10); Acts 1974, ch. 654, § 130; T.C.A. (orig. ed.), § 49-2608; Acts 2015, ch. 55, § 15.

Cross-References. Transportation of pupils generally, title 49, ch. 6, part 21.

Part 4
Statewide System of State Colleges of Applied Technology

49-11-401. Legislative intent.

  1. 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.
  2. 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.

Acts 1963, ch. 229, § 1; T.C.A., § 49-2609; Acts 1994, ch. 685, §§ 1, 2; 2013, ch. 473, §§ 1, 2.

Compiler's Notes. Effective July 1, 1983, authority for the system created under this part was transferred from the state board of education and the division of vocational-technical education of the department of education to the board of regents. Selected transitional provisions were contained in the transfer statute, Acts 1983, ch. 181.

Acts 1994, ch. 685, § 4 provided that Acts 1994, ch. 685 does not affect the organization, naming or administration of the vocational and technical programs governed by the state board of education, the state board for vocational education or local education agencies under parts 1-3 of this chapter, except for the provisions of subsection (b) regarding the authority of the state board of regents.

Cross-References. State colleges of applied technology, title 49, ch. 11, part 3.

49-11-402. General powers and duties of board of regents.

    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. 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. 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. Training engineering technicians for industry; and
      2. Preparing the student to earn a living as a technician or technical worker in the field of production, distribution or service.
    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.
  1. [Deleted by 2020 amendment.]
    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. 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.
  2. No state technical institute may be merged with a community college without approval by the general assembly.

Acts 1963, ch. 229, § 2; 1978, ch. 932, § 1; 1980, ch. 693, § 1; 1983, ch. 181, §§ 5, 6, 9, 17, 20, 22; T.C.A., §§ 49-2610, 49-2623, 49-2626, 49-2627; Acts 1994, ch. 685, § 3; 2013, ch. 473, §§ 1, 3-5; 2019, ch. 366, § 6; 2020, ch. 691, §§ 1, 2.

Compiler's Notes. Title 8 of the National Defense Education Act of 1958 (P.L. 85-864, 72 Stat. 1597) was formerly compiled in 20 U.S.C. § 401 et seq., and 42 U.S.C. § 1876 et seq. which have subsequently been omitted or repealed.

The Area Redevelopment Act of 1961 (P.L. 87-27, 75 Stat. 47) was codified in 15 U.S.C. § 696, 40 U.S.C. § 461, 42 U.S.C. § 464, § 2501 et seq. and has generally been omitted or repealed.

The Manpower Development and Training Act of 1962 (P.L. 87-415, 76 Stat. 23) was formerly compiled in 42 U.S.C. § 2571 et seq. and has been repealed.

Acts 1994, ch. 685, § 4 provided that Acts 1994, ch. 685 does not affect the organization, naming or administration of the vocational and technical programs governed by the state board of education, the state board for vocational education or local education agencies under Parts 1-3 of this chapter, except for the provisions of subsection (b) regarding the authority of the state board of regents.

Acts 2019, ch. 366, § 8 provided that the act, which amended this section, shall apply to the 2019-2020 school year and each school year thereafter.

Amendments. The 2020 amendment rewrote (a)(2), which read: “The state colleges of applied technology shall be so situated that ultimately all parts of the state shall be in a reasonable distance of a state college of applied technology or colleges. The state colleges of applied technology shall provide occupational training of less than university or community college grade for post high school youth, school dropouts, middle school youth participating in career and technical education pursuant to part 1 of this chapter, high school youth, adults needing retraining, handicapped, older workers, apprentices, other employed learners and employed workers.” and deleted (b), which read: “(b)(1) It is the intent of the general assembly that the board of regents will take the necessary steps to restructure the board and staff to carry out chapter 181 of the Public Acts of 1983, including the creation of a senior level staff position for vocational-technical education and additional staff that the chancellor deems necessary.“(2) The senior level staff member shall be knowledgeable in the field of vocational-technical education and the heads of the state colleges of applied technology will report directly to this board staff member.”

Effective Dates. Acts 2020, ch. 691, § 3. June 11, 2020.

Attorney General Opinions. Authority of board of regents to expand technical institute degree programs, OAG 98-008, 1998 Tenn. AG LEXIS 8 (1/9/98).

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.

Acts 1963, ch. 229, § 3; 1983, ch. 181, §§ 5, 6; T.C.A., § 49-2611; Acts 1994, ch. 685, § 3; 2013, ch. 473, § 1.

49-11-404. Contracts with local boards.

  1. 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. Local board or boards of education;
    2. County or counties, or municipality or municipalities;
    3. Other public or private body, board, foundation or agency; or
    4. Individual or group of individuals.
  2. 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.

Acts 1963, ch. 229, § 4; 1974, ch. 654, § 131; 1983, ch. 181, §§ 5, 6, 8; T.C.A., § 49-2612; Acts 1994, ch. 685, § 3; 2013, ch. 473, § 1.

49-11-405. Local boards may assist schools.

  1. 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.
  2. No board of education shall use for the purposes of this section any state minimum foundation school program funds or any local funds required for participation in the state minimum foundation school program funds.

Acts 1963, ch. 229, § 5; 1974, ch. 654, § 132; 1983, ch. 181, § 5; T.C.A., § 49-2613; Acts 1994, ch. 685, § 3; 2013, ch. 473, § 1.

49-11-406. Grants of funds or property by local agencies.

  1. The board of regents is authorized to:
    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. 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.
  2. 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.
  3. 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.

Acts 1963, ch. 229, § 6; 1974, ch. 654, § 133; 1983, ch. 181, § 7; T.C.A., § 49-2614; Acts 1994, ch. 685, § 3; 2013, ch. 473, § 1.

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.

Acts 1963, ch. 229, § 7; 1983, ch. 181, § 5; T.C.A., § 49-2615; Acts 1994, ch. 685, § 3; 2013, ch. 473, § 1.

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. Funds that are appropriated or may be appropriated by the general assembly for the purposes of this part;
  2. Federal funds that are available or may be made available for the purposes of this part; and
  3. Local funds or contributions that may be made available for the purposes of this part.

Acts 1963, ch. 229, § 8; 1983, ch. 181, §§ 5, 6; T.C.A., § 49-2616; Acts 1994, ch. 685, § 3; 2013, ch. 473, § 1.

Compiler's Notes. Title 8 of the National Defense Education Act of 1958 was formerly compiled in 20 U.S.C. § 401 et seq. which has subsequently been omitted or repealed.

The Area Redevelopment Act of 1961 was codified in 15 U.S.C. § 696 and 40 U.S.C. § 461 and has generally been omitted or repealed.

The Manpower Development and Training Act of 1962, referred to in this section, was formerly compiled in 42 U.S.C. § 2571 et seq. and has been repealed.

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.

Acts 1963, ch. 229, § 9; 1983, ch. 181, §§ 5, 6; T.C.A., § 49-2617.

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.

Acts 1963, ch. 229, § 10; T.C.A., § 49-2618.

Part 5
Technical Community College Pilot Program [Repealed]

49-11-501. [Repealed.]

Acts 1981, ch. 244, §§ 2, 3; 1983, ch. 260, § 1; T.C.A., §§ 49-2650, 49-2651; repealed by Acts 2019, ch. 204, § 16, effective April 25, 2019. Acts 1981, ch. 244, §§ 2, 3; 1983, ch. 260, § 1; T.C.A., § 49-2650; repealed by Acts 2019, ch. 204, § 16, effective April 25, 2019.

49-11-502. [Repealed.]

Acts 1981, ch. 244, § 3; T.C.A., § 49-2651, effective April 25, 2019.

Compiler's Notes. Former § 49-11-502 concerned technical community college established, administration.

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.”

Acts 1947, ch. 93, § 1; C. Supp. 1950, § 2483.1 (Williams, § 2483.11); T.C.A. (orig. ed.), § 49-2801.

Law Reviews.

What Disabilities Are Protected Under the Rehabilitation Act of 1973? (David A. Larson), 16 Mem. St. U.L. Rev. 229 (1986).

49-11-602. Part definitions.

As used in this part, unless the content otherwise requires:

  1. “Commissioner” means the commissioner of human services;
  2. “Department” means the department of human services;
  3. “Director” means director of the vocational rehabilitation program;
  4. “Division” means the division of rehabilitation services;
    1. “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. 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;
  5. “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;
  6. “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. Render the individual able to engage in a remunerative occupation; or
    2. 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;
  7. “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;
  8. “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);
  9. “Physical restoration” includes:
    1. Corrective surgery or therapeutic treatment necessary to correct or substantially modify a physical or mental condition that is stable or slowly progressive and:
      1. Constitutes a substantial barrier to employment; or
      2. 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. 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. Prosthetic devices essential to:
      1. Obtaining or retaining employment; or
      2. 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;
  10. “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;
  11. “Rehabilitation facility” means a facility operated for the primary purpose of assisting in the rehabilitation of physically handicapped individuals:
    1. That provides one (1) or more of the following types of services:
      1. Testing, fitting or training in the use of prosthetic devices;
      2. Pre-vocational or conditioning therapy;
      3. Physical or occupational therapy;
      4. Adjustment training; or
      5. Evaluation or control of special disabilities; or
    2. Through which is provided an integrated program of medical, psychological, social and vocational evaluation and services under competent professional supervision;
  12. “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;
  13. “Vocational rehabilitation” means making an individual able, or increasing the individual's ability, to:
    1. Engage in a remunerative occupation; or
    2. 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
  14. “Vocational rehabilitation services” means:
    1. 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. The following services provided eligible handicapped individuals needing the services:
      1. Training;
      2. Guidance;
      3. Placement;
      4. Maintenance, not exceeding the estimated costs of subsistence during vocational rehabilitation;
      5. Occupational licenses, tools, equipment, initial stocks and supplies, including equipment and initial stocks and supplies for vending stands, books and training materials;
      6. Transportation, other than provided as diagnostic and related services; and
      7. Physical restoration.

Acts 1947, ch. 93, § 2; C. Supp. 1950, § 2483.2 (Williams, § 2483.12); Acts 1955, ch. 141, § 1; 1959, ch. 305, § 1; T.C.A. (orig. ed.), § 49-2802; Acts 2011, ch. 47, §§ 36-39; 2018, ch. 720, § 1; 2019, ch. 204, §§ 17-19.

Compiler's Notes. Acts 2011, ch. 47, § 107 provided that nothing in the legislation shall be construed to alter or otherwise affect the eligibility for services or the rights or responsibilities of individuals covered by the provision on the day before the date of enactment of this legislation, which was July 1, 2011.

Acts 2011, ch. 47, § 108 provided that the provisions of the act are declared to be remedial in nature and all provisions of the act shall be liberally construed to effectuate its purposes.

49-11-603. Division of rehabilitation services and office of director of vocational rehabilitation program established.

    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. 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.
  1. 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.
    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. Upon approval by the department, the proposals constitute the state plan and state regulations.

Acts 1947, ch. 93, § 4; C. Supp. 1950, § 2483.3 (Williams, § 2483.13); Acts 1955, ch. 141, § 2; T.C.A. (orig. ed.), § 49-2803; Acts 2018, ch. 720, § 2; 2019, ch. 204, §§ 20, 21.

Compiler's Notes. For transfer of the division of vocational rehabilitation from the department of education to the department of human services, see Executive Order No. 43 (February 11, 1983).

49-11-604. Administration.

  1. 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.
  2. The department is also authorized and directed to adopt and promulgate regulations respecting:
    1. The establishment and maintenance of minimum standards governing the facilities and personnel utilized in the provision of vocational rehabilitation services; and
    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.
  3. Pursuant to the general policies of the department, the director and the division are authorized to:
    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. 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. 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. 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.
  4. 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.

Acts 1947, ch. 93, § 5; C. Supp. 1950, § 2483.4 (Williams, § 2483.14); Acts 1955, ch. 141, § 3; impl. am. Acts 1959, ch. 9, § 4; impl. am. Acts 1961, ch. 97, § 4; Acts 1972, ch. 693, § 15; T.C.A. (orig. ed.), § 49-2805; Acts 2019, ch. 204, §§ 22-26.

49-11-605. Cooperation with federal government.

  1. 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.
  2. 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.

Acts 1947, ch. 93, § 6; C. Supp. 1950, § 2483.5 (Williams, § 2483.15); Acts 1969, ch. 215, § 1; T.C.A. (orig. ed.), § 49-2806; Acts 2019, ch. 204, §§ 27, 28.

49-11-606. Cooperation in administering workers' compensation laws.

  1. 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.
  2. 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.

Acts 1925, ch. 115, § 21; Shan. Supp., § 1487a154; Code 1932, § 2481; Acts 1977, ch. 362, § 1; T.C.A. (orig. ed.), § 49-2807; Acts 2019, ch. 204, § 29.

49-11-607. Scope of rehabilitation services — Funding.

  1. 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.
    1. Within the limits and under the conditions that may be specified in appropriations for rehabilitation facilities, the department may establish rehabilitation facilities.
    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.
  2. 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.
    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. Funds appropriated by the general assembly for that purpose may be used to match the federal funds and private funds.
  3. 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.

Acts 1947, ch. 93, § 8; C. Supp. 1950, § 2483.6 (Williams, § 2483.16); Acts 1955, ch. 141, § 4; 1959, ch. 305, § 2; modified; T.C.A. (orig. ed.), § 49-2808; Acts 2011, ch. 47, §§ 40-42; 2019, ch. 204, §§ 30, 31.

Compiler's Notes. Acts 2011, ch. 47, § 107 provided that nothing in the legislation shall be construed to alter or otherwise affect the eligibility for services or the rights or responsibilities of individuals covered by the provision on the day before the date of enactment of this legislation, which was July 1, 2011.

Acts 2011, ch. 47, § 108 provided that the provisions of the act are declared to be remedial in nature and all provisions of the act shall be liberally construed to effectuate its purposes.

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.

Acts 1925, ch. 115, § 21; Shan. Supp., § 1487a156; Code 1932, § 2483; T.C.A. (orig. ed.), § 49-2809; Acts 2019, ch. 204, §§ 32-35.

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.

Acts 1925, ch. 115, § 21; Shan. Supp., § 1487a150; Code 1932, § 2477; modified; T.C.A. (orig. ed.), § 49-2810; Acts 2019, ch. 204, § 36.

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. Whose vocational rehabilitation the director determines, after full investigation, can be satisfactorily achieved; or
  2. Who is eligible for vocational rehabilitation under the terms of an agreement with the federal government.

Acts 1925, ch. 115, § 21; Shan. Supp., § 1487a155; Code 1932, § 2482; Acts 1947, ch. 93, § 9; C. Supp. 1950, § 2482; Acts 1969, ch. 215, § 2; T.C.A. (orig. ed.), § 49-2811; Acts 2011, ch. 47, § 43; 2019, ch. 204, § 37.

Compiler's Notes. This section may be affected by § 9-1-116, concerning entitlement to funds, absent appropriation.

Acts 2011, ch. 47, § 107 provided that nothing in the legislation shall be construed to alter or otherwise affect the eligibility for services or the rights or responsibilities of individuals covered by the provision on the day before the date of enactment of this legislation, which was July 1, 2011.

Acts 2011, ch. 47, § 108 provided that the provisions of the act are declared to be remedial in nature and all provisions of the act shall be liberally construed to effectuate its purposes.

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.

Acts 1947, ch. 93, § 10; C. Supp. 1950, § 2483.7 (Williams, § 2483.17); T.C.A. (orig. ed.), § 49-2812.

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.

Acts 1947, ch. 93, § 11; C. Supp. 1950, § 2483.8 (Williams, § 2483.18); Acts 1977, ch. 67, § 1; T.C.A. (orig. ed.), § 49-2813; Acts 2019, ch. 204, § 38.

49-11-613. Confidentiality of records.

  1. 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.
  2. A violation of this section is a Class C misdemeanor.

Acts 1947, ch. 93, § 12; C. Supp. 1950, § 2483.9 (Williams, § 2483.19); T.C.A. (orig. ed.), § 49-2814; Acts 1989, ch. 591, § 113.

Cross-References. Confidentiality of public records, § 10-7-504.

Penalty for Class C misdemeanor, § 40-35-111.

49-11-614. Legislative power reserved.

  1. 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.
  2. 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.

Acts 1947, ch. 93, § 14; C. Supp. 1950, § 2483.10 (Williams, § 2483.20); T.C.A. (orig. ed.), § 49-2815.

Part 7
Rehabilitation Centers

49-11-701. Construction with other statutes.

  1. 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 rehabilitation centers established in this part; but where inconsistent, this part shall govern the administration of the program.
  2. This part applies only to rehabilitation centers 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.

Acts 1965, ch. 332, § 11; T.C.A., § 49-2826; Acts 2001, ch. 174, § 4.

49-11-702. Part definitions.

As used in this part, unless the context otherwise requires:

  1. “Advisory board” means the state advisory board for the rehabilitation centers;
  2. “Commissioner” means the commissioner of human services;
  3. “Department” means the department of human services;
  4. “Director” means director of the vocational rehabilitation program;
  5. “Division” means the division of rehabilitation services; and
  6. “Rehabilitation center” or “center” means a rehabilitation center authorized under this part.

Acts 1965, ch. 332, § 1; T.C.A., § 49-2816; Acts 1989, ch. 4, §§ 3, 4; 2001, ch. 174, § 5; 2018, ch. 720, § 3.

Compiler's Notes. For transfer of the division of vocational rehabilitation from the department of education to the department of human services, see Executive Order No. 43 (February 11, 1983).

49-11-703. Rehabilitation center system authorized.

  1. The commissioner is authorized to establish a system of rehabilitation training centers for persons with disabilities.
  2. The system shall include the ten (10) Volunteer State vocational centers operated on July 1, 1965, by the Tennessee Association for Retarded Children and Adults, Incorporated, under the terms of OVR grant 956d from the office of vocational rehabilitation of the United States department of human services, and any other existing centers furnishing the same training, and any other rehabilitation centers established pursuant to this part.
  3. Rehabilitation centers established pursuant to this part shall be designated as the “Tennessee Rehabilitation Center at  ” (name of city where located).
    1. The department shall appoint an advisory board for each center that it establishes.
    2. The advisory board for each rehabilitation center shall be appointed by the commissioner or designee, with the advice of the statewide advisory board, from among the citizens of the county where the center is located.
    3. The boards shall be composed of twelve (12) members, who shall serve for staggered terms of four (4) years and shall receive no compensation for their services.
    4. Wherever possible, each rehabilitation center advisory board shall 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 designee may appoint to any such board state personnel from any of the fields enumerated in this subdivision (d)(4) who are employed in or reside in a county where a rehabilitation center is located. When appointing members to the advisory board pursuant to this subsection (d), the department shall, to the extent possible, appoint the board's members to ensure appropriate representation on the board based upon gender and ethnicity.
    5. Not more than two (2) of the rehabilitation center advisory board members shall be parents of an individual with a disability.
  4. The advisory board shall have the following responsibilities:
    1. To provide advice, in cooperation with the center's director and the department, regarding the operation of the rehabilitation services program and the clients served by the center for that county;
    2. To assist in coordination of the rehabilitation center's program with the public school system for students enrolled in the center from the public schools of the county where the center is located;
    3. To promote community support and education concerning persons with disabilities and their employment;
    4. To provide placement coordination in the local community for the development of employment opportunities for persons with disabilities; and
    5. To assist the center manager in presenting the proposed local operating budget to the proper local officials for certification.
  5. Clients of the rehabilitation centers established pursuant to this part shall not be considered state employees for any purpose. Any funds paid to these clients for sheltered employment shall be paid out of a special fund established from the gross income to the center from contract work.

Acts 1965, ch. 332, § 2; T.C.A., § 49-2817; Acts 1985, ch. 227, § 1; 1989, ch. 4, § 3; 2001, ch. 174, § 6; 2018, ch. 720, § 4.

49-11-704. Advisory board.

  1. In order to coordinate the activities of the rehabilitation centers 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 rehabilitation centers to be composed of sixteen (16) members as follows:
    1. There shall be one (1) ex officio member from each of the following departments and agencies of state government:
      1. The department of mental health and substance abuse services;
      2. The department of labor and workforce development;
      3. The department of human services;
      4. The division of rehabilitation services of the department of human services;
      5. The department of education;
      6. The Tennessee committee on employment of persons with disabilities; and
      7. The department of intellectual and developmental disabilities; and
    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.
  2. 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 rehabilitation center program, and to help maintain coordination between the program and the related programs of the organizations and agencies represented on the board.
    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. 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.
  3. The commissioner, through the division, shall, with the advice and assistance of the advisory board, set and enforce standards for the operation of the rehabilitation centers, assist communities in organizing local rehabilitation centers, develop and administer contractual arrangements between the centers and the division, secure contract work for the various rehabilitation centers from industry on a local, statewide and national basis in order to provide the type of work experience most needed by the clients and still provide income to the rehabilitation centers sufficient to adequately remunerate the clients.
    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. 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. 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.

Acts 1965, ch. 332, §§ 3, 9; impl. am. Acts 1975, ch. 219, § 1(b); impl. am. Acts 1975, ch. 248, § 1; Acts 1976, ch. 434, § 1; 1976, ch. 806, § 1(66); T.C.A., §§ 49-2818, 49-2824; Acts 1989, ch. 4, §§ 3, 4, 9; 1999, ch. 520, § 40; 2000, ch. 947, § 6; 2001, ch. 174, § 7; 2010, ch. 1100, §§ 81-83; 2012, ch. 575, § 1; 2018, ch. 720, §§ 5, 6.

Compiler's Notes. Acts 2010, ch. 1100, § 153 provided that the commissioner of mental health and developmental disabilities, the commissioner of mental health, the commissioner of intellectual and developmental disabilities, and the commissioner of finance and administration are authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

The advisory board for rehabilitation centers, created by this section, terminates June 30, 2022. See §§ 4-29-112, 4-29-243.

49-11-705, 49-11-706. [Reserved.]

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 vocational rehabilitation program clients who receive training and other approved services at a rehabilitation center. 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.

Acts 1965, ch. 332, §§ 7, 8; 1977, ch. 57, § 1; T.C.A., §§ 49-2822, 49-2823; Acts 1989, ch. 4, § 3; 2001, ch. 174, § 10; 2011, ch. 47, §§ 44-46; 2018, ch. 720, § 7.

Compiler's Notes. Acts 2011, ch. 47, § 107 provided that nothing in the legislation shall be construed to alter or otherwise affect the eligibility for services or the rights or responsibilities of individuals covered by the provision on the day before the date of enactment of this legislation, which was July 1, 2011.

Acts 2011, ch. 47, § 108 provided that the provisions of the act are declared to be remedial in nature and all provisions of the act shall be liberally construed to effectuate its purposes.

49-11-708. Personnel.

In order to carry out the purposes and functions of the rehabilitation center 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.

Acts 1965, ch. 332, § 9; T.C.A., § 49-2824; Acts 2001, ch. 174, § 11.

49-11-709. Funding.

    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. 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.
  1. 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.
    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. 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.

Acts 1965, ch. 332, §§ 10, 13, 14; 1969, ch. 215, §§ 3, 4; 1977, ch. 57, § 2; T.C.A., §§ 49-2825, 49-2827, 49-2828; Acts 1985, ch. 227, § 5; 1989, ch. 4, § 3; 2001, ch. 174, § 12; 2010, ch. 734, §§ 5, 6; 2011, ch. 47, §§ 47-49.

Compiler's Notes. For the Preamble to the act regarding changing the term “mental retardation” to “intellectual disability”, please refer to Acts 2010, ch. 734.

Acts 2010, ch. 734, § 7 provided that for purposes of each provision amended by the act, a reference to intellectual disability shall be considered to refer to mental retardation, as defined by that provision on the day before the date of enactment of the act.

Acts 2010, ch. 734, § 8 provided that nothing in the act shall be construed to alter or otherwise affect the eligibility for services or the rights or responsibilities of individuals covered by the provision on the day before the date of enactment of the act.

Acts 2011, ch. 47, § 107 provided that nothing in the legislation shall be construed to alter or otherwise affect the eligibility for services or the rights or responsibilities of individuals covered by the provision on the day before the date of enactment of this legislation, which was July 1, 2011.

Acts 2011, ch. 47, § 108 provided that the provisions of the act are declared to be remedial in nature and all provisions of the act shall be liberally construed to effectuate its purposes.

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.

Acts 1973, ch. 290, § 1; T.C.A., § 49-2829; Acts 2018, ch. 720, § 8.

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.

Acts 1973, ch. 290, § 2; T.C.A., § 49-2830; Acts 2011, ch. 47, § 50.

Compiler's Notes. Acts 2011, ch. 47, § 107 provided that nothing in the legislation shall be construed to alter or otherwise affect the eligibility for services or the rights or responsibilities of individuals covered by the provision on the day before the date of enactment of this legislation, which was July 1, 2011.

Acts 2011, ch. 47, § 108 provided that the provisions of the act are declared to be remedial in nature and all provisions of the act shall be liberally construed to effectuate its purposes.

49-11-803. Funds.

  1. The general assembly shall appropriate each year funds that may be necessary for the operation of the statewide comprehensive rehabilitation and training center.
  2. The center shall utilize federal funds when the funds are available to the extent possible.
  3. The state shall appropriate annually whatever additional funds are necessary to carry out the program.
  4. 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.

Acts 1973, ch. 290, § 3; T.C.A., § 49-2831; Acts 2007, ch. 561, § 1.

Compiler's Notes. This section may be affected by § 9-1-116, concerning entitlement to funds, absent appropriation.

49-11-804. Jurisdiction and nature of center.

  1. The statewide comprehensive rehabilitation and training center shall accept clients from anywhere in the state.
  2. 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.

Acts 1973, ch. 290, § 4; T.C.A., § 49-2832; Acts 2011, ch. 47, § 51.

Compiler's Notes. Acts 2011, ch. 47, § 107 provided that nothing in the legislation shall be construed to alter or otherwise affect the eligibility for services or the rights or responsibilities of individuals covered by the provision on the day before the date of enactment of this legislation, which was July 1, 2011.

Acts 2011, ch. 47, § 108 provided that the provisions of the act are declared to be remedial in nature and all provisions of the act shall be liberally construed to effectuate its purposes.

49-11-805. Vocational technical school.

  1. 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.
  2. Funding for the training shall also be provided by appropriations to the division of vocational technical education.

Acts 1973, ch. 290, § 5; T.C.A., § 49-2833.

Part 9
Work-Based Learning

49-11-901. Part definitions.

As used in this part:

  1. “Grant” means a qualified work-based learning grant issued pursuant to this part;
  2. “Grant fund” means the qualified work-based learning grant fund established by § 49-11-903;
  3. “Program operator” means a nonprofit entity that has entered into an agreement with THEC to administer the program established by this part;
  4. “Qualified work-based learning student” means a student who is sixteen (16) years of age or older, enrolled in 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;
  5. “THEC” means the Tennessee higher education commission; and
  6. “Work-based learning” means the application of academic and technical knowledge in a work setting that involves actual work experience.

Acts 2018, ch. 991, § 2; 2019, ch. 468, § 6.

49-11-902. Maintenance of student accident insurance coverage — Making information available to LEAs and employers.

  1. Each LEA implementing work-based learning shall maintain student accident insurance coverage.
  2. 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.

Acts 2018, ch. 991, § 2; 2019, ch. 468, § 7.

49-11-903. Qualified work-based learning grant program — Fund — Program operator.

  1. 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.
  2. There is created a separate fund within the general fund to be known as the qualified work-based learning grant fund.
  3. The grant fund is composed of:
    1. Funds specifically appropriated by the general assembly for the grant fund; and
    2. Gifts, grants, and other donations received for the grant fund.
  4. 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.
  5. Any unencumbered funds and any unexpended balance of the grant fund remaining at the end of any fiscal year must not revert to the general fund, but must be carried forward until expended in accordance with this section.
  6. Moneys in the grant fund may only be expended with THEC's approval and in accordance with this section.
  7. 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.

Acts 2018, ch. 991, § 2; 2019, ch. 468, § 8.

49-11-904. Amount of grants.

  1. The grant amount allowed under this part shall be limited to five thousand dollars ($5,000) per employer in any calendar year.
  2. The total amount of grants provided to employers under this part shall not exceed one million dollars ($1,000,000) for any calendar year.

Acts 2018, ch. 991, § 2.

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.

Acts 2018, ch. 991, § 2; 2019, ch. 468, § 9.

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.

Acts 2018, ch. 991, § 2; 2019, ch. 468, § 10.

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.

Acts 2018, ch. 991, § 2; 2019, ch. 468, § 11.

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.

Acts 2018, ch. 991, § 2; 2019, ch. 468, § 12.

49-11-707. Services provided.

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:

THE REGIONAL COMPACT

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

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

WHEREAS, the states desire to enter into a compact with each other providing for the planning and establishment of regional educational facilities;

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Acts 1949, ch. 82, Preamble; C. Supp. 1950, § 2569.16 (Williams, § 2404.3); modified; Acts 1957, ch. 93, § 1; 1969, ch. 68, § 1; T.C.A. (orig. ed.), § 49-3601.

Compiler's Notes. The Southern Regional Education Compact, created by this section, terminates June 30, 2027. See §§ 4-29-112, 4-29-248.

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:

COMPACT FOR EDUCATION

Article I. Purpose and Policy.

A.  It is the purpose of this compact to:

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.  Provide a forum for the discussion, development, crystallization and recommendation of public policy alternatives in the field of education.

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.  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.

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.

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.

Article II. State Defined.

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.

Article III. The Commission.

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.

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).

C.  The commission shall have a seal.

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.

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.

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.

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.

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.

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.

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.

Article IV. Powers.

In addition to authority conferred on the commission by other provisions of the compact, the commission shall have authority to:

1.  Collect, correlate, analyze and interpret information and data concerning educational needs and resources.

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.  Develop proposals for adequate financing of education as a whole and at each of its many levels.

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.  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.  Do such other things as may be necessary or incidental to the administration of any of its authority or functions pursuant to this compact.

Article V. Cooperation with Federal Government.

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.

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.

Article VI. Committees.

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.

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.

C.  The commission may establish such additional committees as its bylaws may provide.

Article VII. Finance.

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.

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.

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.

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.

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.

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.

Article VIII. Eligible Parties; Entry Into and Withdrawal.

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.

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.

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.

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.

Article IX. Construction and Severability.

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.

Acts 1967, ch. 274, § 1; T.C.A., § 49-4301.

Compiler's Notes. The Compact for Education, created by this section, terminates June 30, 2024. See §§ 4-29-112, 4-29-245.

49-12-202. [Repealed.]

Compiler's Notes. Former § 49-12-202 (Acts 1967, ch. 274, §§ 2-6, 8; 1976, ch. 806, § 1(136); T.C.A., §§ 49-4302 — 49-4306, 49-4308), concerning the Tennessee education council, was repealed by Acts 1989, ch. 1, § 2(b). Acts 1989, ch. 1, § 2(a) provided that notwithstanding the provisions of § 4-29-112, or any other law to the contrary, the education council created by this section terminated and ceased all activities on February 21, 1989.

49-12-203. Cooperation of state agencies.

  1. 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.
  2. 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.

Acts 1967, ch. 274, § 7; T.C.A., § 49-4307.

Part 3
Interstate Compact on Educational Opportunity for Military Children

49-12-301. Compact.

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:

Article I. Purpose

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:

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.

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.

C.  Facilitating the qualification and eligibility for enrollment, educational programs, and participation in extracurricular academic, athletic, and social activities.

D.  Facilitating the on-time graduation of children of military families.

E.  Providing for the promulgation and enforcement of administrative rules implementing the provisions of this compact.

F.  Providing for the uniform collection and sharing of information between and among member states, schools and military families under this compact.

G.  Promoting coordination between this compact and other compacts affecting military children.

H.  Promoting flexibility and cooperation between the educational system, parents and the student in order to achieve educational success for the student.

Article II. Definitions

As used in this compact, unless the context clearly requires a different construction:

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.

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.

C.  “Compact commissioner” means the voting representative of each compacting state appointed pursuant to article VIII of this compact.

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.

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.

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.

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.

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.

I.  “Member state” means a state that has enacted this compact.

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.

K.  “Non-member state” means a state that has not enacted this compact.

L.  “Receiving state” means the state to which a child of a military family is sent, brought, or caused to be sent or brought.

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.

N.  “Sending state” means the state from which a child of a military family is sent, brought, or caused to be sent or brought.

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.

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.

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.

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.

S.  “Veteran” means a person who served in the uniformed services and who was discharged or released therefrom under conditions other than dishonorable.

Article III. Applicability

A.  Except as otherwise provided in section B, this compact shall apply to the children of:

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.  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.  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.

B.  The provisions of this interstate compact shall only apply to local education agencies as defined in this compact.

C.  The provisions of this compact shall not apply to the children of:

1.  Inactive members of the national guard and military reserves;

2.  Members of the uniformed services now retired, except as provided in section A;

3.  Veterans of the uniformed services, except as provided in section A; and

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.

Article IV. Educational Records and Enrollment

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.

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.

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.

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.

Article V. Placement and Attendance

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).

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.

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.

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.

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.

Article VI. Eligibility

A.  Eligibility for enrollment.

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.  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.  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.

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.

Article VII. Graduation

In order to facilitate the on-time graduation of children of military families states and local education agencies shall incorporate the following procedures:

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.

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.

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.

Article VIII. State Coordination

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.

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.

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.

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.

Article IX. Interstate Commission on Educational Opportunity for Military Children

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:

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.

B.  Consist of one (1) interstate commission voting representative from each member state who shall be that state's compact commissioner.

1.  Each member state represented at a meeting of the interstate commission is entitled to one (1) vote.

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.  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.  The bylaws may provide for meetings of the interstate commission to be conducted by telecommunication or electronic communication.

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.

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.

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.

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.

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.  Relate solely to the interstate commission's internal personnel practices and procedures;

2.  Disclose matters specifically exempted from disclosure by federal and state statute;

3.  Disclose trade secrets or commercial or financial information which is privileged or confidential;

4.  Involve accusing a person of a crime, or formally censuring a person;

5.  Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

6.  Disclose investigative records compiled for law enforcement purposes; or

7.  Specifically relate to the interstate commission's participation in a civil action or other legal proceeding.

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.

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.

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.

Article X. Powers and Duties of the Interstate Commission

The interstate commission shall have the following powers:

A.  To provide for dispute resolution among member states.

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.

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.

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.

E.  To establish and maintain offices which shall be located within one (1) or more of the member states.

F.  To purchase and maintain insurance and bonds.

G.  To borrow, accept, hire or contract for services of personnel.

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.

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.

J.  To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of it.

K.  To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal, or mixed.

L.  To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal or mixed.

M.  To establish a budget and make expenditures.

N.  To adopt a seal and bylaws governing the management and operation of the interstate commission.

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.

P.  To coordinate education, training and public awareness regarding the compact, its implementation and operation for officials and parents involved in such activity.

Q.  To establish uniform standards for the reporting, collecting and exchanging of data.

R.  To maintain corporate books and records in accordance with the bylaws.

S.  To perform such functions as may be necessary or appropriate to achieve the purposes of this compact.

T.  To provide for the uniform collection and sharing of information between and among member states, schools and military families under this compact.

Article XI. Organization and Operation of the Interstate Commission

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.  Establishing the fiscal year of the interstate commission;

2.  Establishing an executive committee, and such other committees as may be necessary;

3.  Providing for the establishment of committees and for governing any general or specific delegation of authority or function of the interstate commission;

4.  Providing reasonable procedures for calling and conducting meetings of the interstate commission, and ensuring reasonable notice of each such meeting;

5.  Establishing the titles and responsibilities of the officers and staff of the interstate commission;

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.  Providing “start up” rules for initial administration of the compact.

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.

C.  Executive committee, officers and personnel.

1.  The executive committee shall have such authority and duties as may be set forth in the bylaws, including but not limited to:

a.  Managing the affairs of the interstate commission in a manner consistent with the bylaws and purposes of the interstate commission;

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

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.  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.

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.  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.  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.  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.

Article XII. Rulemaking Functions of the Interstate Commission

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.

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.

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.

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.

Article XIII. Oversight, Enforcement, and Dispute Resolution

A.  Oversight.

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.  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.  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.

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.  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.  Provide remedial training and specific technical assistance regarding the default.

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.  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.  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.  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.  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.

C.  Dispute resolution.

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.  The interstate commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.

D.  Enforcement.

1.  The interstate commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.

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.  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.

Article XIV. Financing of the Interstate Commission

A.  The interstate commission shall pay, or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.

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.

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.

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.

Article XV. Member States, Effective Date and Amendment

A.  Any state is eligible to become a member state.

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.

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.

Article XVI. Withdrawal and Dissolution

A.  Withdrawal.

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.  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.  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.  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.  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.

B.  Dissolution of compact.

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.  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.

Article XVII. Severability and Construction

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.

B.  The provisions of this compact shall be liberally construed to effectuate its purposes.

C.  Nothing in this compact shall be construed to prohibit the applicability of other interstate compacts to which the states are members.

Article XVIII. Binding Effect of Compact and Other Laws

A.  Other laws.

1.  Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with this compact.

2.  All member states' laws conflicting with this compact are superseded to the extent of the conflict.

B.  Binding effect of the compact.

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.  All agreements between the interstate commission and the member states are binding in accordance with their terms.

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.

Acts 2010, ch. 1082, § 1; 2015, ch. 55, § 16.

Compiler's Notes. Acts 2010, ch. 1082, § 2 provided that: “(a) In fiscal year 2010-2011, the state compact commissioner to the interstate commission on educational opportunity for military children shall participate in all commission meetings by telecommunication or electronic communication unless expenses of attendance are paid from non-state funds.

“(b) In fiscal year 2010-2011, a state council shall not be created, but such body may be created in a subsequent fiscal year. Pursuant to the compact, for fiscal year 2010-2011 the state board of education shall determine the appropriate existing body or board to provide coordination among the agencies of government, local education agencies and military installations concerning the state's participation in, and compliance with, the compact and interstate commission activities. Such body or board may be the state board of education itself. All work of the selected body or board in fiscal year 2010-2011 concerning the compact shall be conducted at meetings of the body or board when the body or board is conducting a meeting for other purposes, unless funds for meetings conducted solely for compact related activities are provided from non-state sources.

“(c) In fiscal year 2010-2011, the military family education liaison shall perform all assigned duties requiring communication with families, LEAs or other parties by telecommunication or electronic communication unless funds are provided for expenses of the liaison from non-state sources.”

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.”

Acts 2002, ch. 850, § 1.

Law Reviews.

Sector Agnosticism and the Coming Transformation of Education Law, 70 Vand. L. Rev. 1 (2017).

Attorney General Opinions. The Public Charter Schools Act may be amended to allow enrollment of a broader range of applicants, OAG 03-130, 2003 Tenn. AG LEXIS 148 (10/03/03).

Public Charter School Act of 2002 does not prohibit the approval of an application for a new charter school if an eligible student population does not exist at the time the charter school application is approved, OAG 04-039, 2004 Tenn. AG LEXIS 39  (3/12/04).

Powers of chartering authority, OAG 07-131, 2007 Tenn. AG LEXIS 131 (8/30/07).

Constitutionality of Acts 2012, ch. 1065 regarding LEAs as sponsors of charter schools.  OAG 12-68, 2012 Tenn. AG LEXIS 68 (7/6/12).

The Charter Schools Act does not impose financial burdens on local school districts in violation of Article II, Section 24 of the Tennessee Constitution.  OAG 13-72, 2013 Tenn. AG LEXIS 73 (9/9/13).

House Bill 702/Senate Bill 830 (Acts 2014, ch. 850) does not impose undue financial burdens on school districts in violation of Article II, § 24 of the Tennessee Constitution.    HB 702 would likely withstand any facial constitutional challenge with respect to allowing the state board to approve new charter schools on appeal within local school districts with priority schools.  OAG 14-06, 2014 Tenn. AG LEXIS 4  (1/9/14).

49-13-102. Purpose.

  1. The purpose of this chapter is to:
    1. Improve learning for all students and close the achievement gap between high and low students;
    2. Provide options for parents to meet educational needs of students;
    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. Measure performance of pupils and faculty, and ensure that children have the opportunity to reach proficiency on state academic assessments;
    5. Create new professional opportunities for teachers; and
    6. Afford parents substantial meaningful opportunities to participate in the education of their children.
  2. 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.
  3. 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.).
  4. 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.).
  5. 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.

Acts 2002, ch. 850, § 2; 2004, ch. 832, § 4; 2009, ch. 555, § 4; 2013, ch. 326, § 8.

Compiler's Notes. The short title of the federal Elementary and Secondary Education Act, referred to in this section, is the No Child Left Behind Act of 2001.

Acts 2009, ch. 555, § 17 provided that any costs associated with the implementation of the act shall be paid from existing funds.

49-13-103. Application.

This chapter applies only to schools formed and operated in accordance with this chapter.

Acts 2002, ch. 850, § 3.

49-13-104. Chapter definitions.

As used in this chapter:

  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. “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. “Authorizer” means:
    1. 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. Includes the state board of education until 11:59 p.m. on June 30, 2021;
  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. “Charter management organization” or “CMO” means a nonprofit entity that manages or operates two (2) or more public charter schools;
  6. “Commission” means the Tennessee public charter school commission;
  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. “Foreign” means a country or jurisdiction outside of any state or territory of the United States;
  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. “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. “Local education agency” or “LEA” has the same definition as used in § 49-3-302;
  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. “Sponsor” means a proposed governing body filing an application for the establishment of a public charter school, that:
    1. 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. Does not promote the agenda of any religious denomination or religiously affiliated entity; and
  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.

Acts 2002, ch. 850, § 4; 2005, ch. 414, § 1; 2008, ch. 1101, § 1; 2009, ch. 555, § 1; 2011, ch. 465, § 1; 2011, ch. 466, § 1; 2011, ch. 507, § 1; 2012, ch. 879, § 1; 2012, ch. 1021, § 1; 2013, ch. 326, §§ 5, 7; 2013, ch. 351, §§ 2, 4; 2014, ch. 850, § 1; 2017, ch. 307, §§ 2, 3; 2019, ch. 219, §§ 1-6.

Compiler's Notes. Acts 2009, ch. 555, § 17 provided that any costs associated with the implementation of the act shall be paid from existing funds.

Acts 2012, ch. 879, § 6 provided that, if a court finds a violation of Title VI of the Civil Rights Act of 1964, codified in 42 U.S.C. § 2000d, has occurred under the operation of the act and the court’s decision has become final, the charter school that is a party to the lawsuit shall notify the commissioner of education of the court’s ruling, who shall report the same to the speaker of the senate and speaker of the house of representatives. The commissioner shall also notify all charter schools operating in this state of the court’s decision.

For the Preamble to the act concerning enrollment and completion of rigorous coursework such as advanced placement courses, please refer to Acts 2013, ch. 351.

Acts 2013, ch. 351, §§ 2 and 4 purported to amend this section, effective July 1, 2013, by adding the definition of “charter management organization” and amending the definition of “governing body”. Acts 2013, ch. 326, §§ 5 and 7 amended this section, effective July 1, 2013, by adding the definition of “charter management organization” and amending the definition of “governing body”. The provisions of the definitions as added and amended by ch. 351 were the same as the provisions as added and amended by ch. 326; therefore, ch. 351 was not given effect.

Pursuant to Article III, Section 18 of the Constitution of Tennessee, Acts 2014, ch. 850 took effect on April 29, 2014.

Acts 2014, ch. 850, § 16 provided that the state board of education is authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2014, ch. 850, § 17 provided that the act, which amended the definition of “chartering authority”, shall apply to appeals from the denial of applications filed by sponsors for charter schools proposing to open in the 2015-2016 school year and school years thereafter.

Acts 2017, ch. 307, § 1 provided that the act, which amended this section, shall be known and may be cited as  the “Tennessee High-Quality Charter Schools Act.”

Attorney General Opinions. Although a “church” is not specifically excluded from being a “sponsor,” it would nonetheless be difficult for a church to be eligible as a sponsor of a public, nonsectarian, nonreligious charter school, OAG 03-046, 2003 Tenn. AG LEXIS 50 (4/16/03).

The local education agency is the “chartering authority” and it is this agency that normally would be responsible for the administration of state tests, OAG 03-083, 2003 Tenn. AG LEXIS 101 (7/02/03).

Execution of charter school agreements.  OAG 10-45, 2010 Tenn. AG LEXIS 45 (4/9/10).

Constitutionality of Acts 2012, ch. 1065 regarding LEAs as sponsors of charter schools.  OAG 12-68, 2012 Tenn. AG LEXIS 68 (7/6/12).

Acts 2012, ch. 879 is constitutionally suspect.  OAG 12-94, 2012 Tenn. AG LEXIS 99 (10/8/12).

49-13-105. Public charter school commission.

  1. 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.
      1. 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. 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.
    1. 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).
    2. 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).
    3. All members shall be subject to removal from the commission by a two-thirds (2/3) 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.
    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. 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. There must be at least three (3) members from each grand division serving on the commission.
  2. 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.
  3. Each member of the commission shall:
    1. Review public charter school applications, hear appeals, and carry out the member's duties in a fair and impartial manner; and
    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).
    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).
      1. 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. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
    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. 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.
  8. 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.
  9. 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.
  10. 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.
  11. The following individuals are prohibited from serving as a member of the commission for so long as they hold the office or position:
    1. Elected officials; and
    2. State employees.

Acts 2002, ch. 850, § 5; 2014, ch. 850, § 3; 2019, ch. 219, § 7.

Compiler's Notes. The Tennessee public charter school commission, created by this section, terminates June 30, 2021. See §§ 4-29-112, 4-29-242.

Pursuant to Article III, Section 18 of the Constitution of Tennessee, Acts 2014, ch. 850 took effect on April 29, 2014.

Acts 2014, ch. 850, § 16 provided that the state board of education is authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2014, ch. 850, § 17 provided that the act, which amended this section, shall apply to appeals from the denial of applications filed by sponsors for charter schools proposing to open in the 2015-2016 school year and school years thereafter.

Cross-References. Grand divisions, title 4, ch. 1, part 2.

Attorney General Opinions. T.C.A. § 49-13-105(b), the commissioner's authority is otherwise discretionary, calling for the exercise of sound judgment; before granting a waiver, the commissioner must determine that without the waiver, the statute or rule being waived would inhibit or hinder the charter school's ability to meet its goal or comply with its mission statement, OAG 03-107, 2003 Tenn. AG LEXIS 123 (8/27/03).

Constitutionality of authority to waive charter school requirements.  OAG 14-14, 2014 Tenn. AG LEXIS 15 (1/31/14).

49-13-106. Creation or conversion of charter schools.

  1. Public charter schools are part of the state program of public education.
  2. A charter shall not be granted to a for-profit corporation.
  3. 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.
  4. A cyber-based public charter school shall not be authorized.
  5. 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.
    1. Public charter schools may be formed to provide quality educational options for all students residing within the jurisdiction of the authorizer.
    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.
  6. A public charter school may be formed by creating a new school or converting a school to charter status pursuant to this chapter.
  7. 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.
  8. If a sponsor seeks to establish a new public charter school, then the sponsor must apply to the local board of education.
    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.
      1. Local boards of education may request that a sponsor apply to convert an existing public school to a public charter school.
      2. 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. 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.
    2. 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.
    3. 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.
    4. If the application for conversion of an existing public school to a public charter school is approved, then:
      1. 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. 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. 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. 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. 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. The conversion public charter school shall occupy the converted public school's existing facility.
    5. If the local board of education denies the application for conversion, then the decision is final and is not subject to appeal.
    6. 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.

Acts 2002, ch. 850, § 6; 2005, ch. 414, §§ 2-5; 2008, ch. 888, § 5; 2008, ch. 1133, §§ 1, 4; 2009, ch. 262, § 6; 2009, ch. 555, §§ 2, 3, 5, 6, 14, 18; 2011, ch. 466, §§ 2-6; 2011, ch. 507, § 3; 2012, ch. 962, § 3; 2012, ch. 1021, § 2; 2012, ch. 1097, § 1; 2013, ch. 326, §§ 2, 3, 13, 14; 2014, ch. 850, § 4; 2015, ch. 507, §§ 1, 2; 2017, ch. 307, §§ 4, 5; 2019, ch. 219, §§ 8-14.

Compiler's Notes. Acts 2009, ch. 555, § 17 provided that any costs associated with the implementation of the act shall be paid from existing funds.

Acts 2012, ch. 962, § 7 provided that the state board of education is authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Pursuant to Article III, Section 18 of the Constitution of Tennessee, Acts 2014, ch. 850 took effect on April 29, 2014.

Acts 2014, ch. 850, § 16 provided that the state board of education is authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2014, ch. 850, § 17 provided that the act, which amended subdivision (a)(1), shall apply to appeals from the denial of applications filed by sponsors for charter schools proposing to open in the 2015-2016 school year and school years thereafter.

Acts 2017, ch. 307, § 1 provided that the act, which amended this section, shall be known and may be cited as  the “Tennessee High-Quality Charter Schools Act.”

Cross-References. Basic personnel requirements, § 49-5-101.

Attorney General Opinions. There is no specific restriction on the composition of the twenty-five percent (25%) enrollment portion of the charter school formed under T.C.A. § 49-13-106(a)(2), OAG 03-046, 2003 Tenn. AG LEXIS 50 (4/16/03).

Students from failing schools eligible to enroll in a charter school formed under T.C.A. § 49-13-106(a)(1), OAG 03-083, 2003 Tenn. AG LEXIS 101 (7/02/03).

Students eligible to enroll in a charter school formed under subdivision (a)(1) of this section are students who come from failing schools; a new middle school without value added assessment is not a failing school, OAG 03-130, 2003 Tenn. AG LEXIS 148 (10/03/03).

Students eligible to enroll in a charter school formed under subdivision (a)(1) of this section are students who come from failing schools, OAG 04-039, 2004 Tenn. AG LEXIS 39 (3/12/04).

Application/denial procedure for type 2 charter schools, OAG 04-073, 2004 Tenn. AG LEXIS 76 (4/21/04).

Execution of charter school agreements.  OAG 10-45, 2010 Tenn. AG LEXIS 45 (4/9/10).

One Local Education Agency (LEA) may not open and operate a public school within the jurisdictional boundaries of another LEA, because no such power is conferred on a LEA by statute.  Further, a LEA has no inherent power and is not expressly or impliedly authorized by statute to operate a charter school within the jurisdictional boundaries of another LEA.  A charter school operator is not expressly or impliedly authorized by statute to operate its school outside the jurisdictional boundaries of the chartering authority. OAG 17-40, 2017 Tenn. AG LEXIS 40 (9/20/2017).

A Local Education Agency (LEA) does not have the authority to open and operate a public school or a charter school within the jurisdictional boundaries of another LEA.  LEAs have only those powers conferred on them by statute.  The statutes concerning the powers of LEAs, T.C.A. § 49-2-203 and TC.A. § 49-13-101, et seq., do not expressly give LEAs the authority to open and operate public schools or charter schools outside of their jurisdictional boundaries.  Nor does such authority arise by necessary implication.  LEAs are able to fulfill their statutory mandate without establishing or operating charter schools outside their jurisdictional boundaries. OAG 17-41, 2017 Tenn. AG LEXIS 41 (9/20/2017).

49-13-107. Application process.

  1. 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.
  2. 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 and that provides the following information and documents:
    1. A statement defining the mission and goals of the proposed charter school, including the proposed charter school's academic focus;
    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. 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. An operating budget based on anticipated enrollment; provided, however, that such operating budget shall not exceed a ten-year projection;
    5. The method for conducting annual audits of the financial, administrative and program operations of the school;
    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. The proposed rules and policies for governance and operation of the school;
    8. The names and addresses of the members of the governing body;
    9. A description of the anticipated student enrollment and the nondiscriminatory admission policies;
    10. The code of behavior and discipline of the proposed public charter school;
    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. The experience required of employees of the proposed public charter school;
    13. The identification of the individuals sponsoring the proposed public charter school, including their names and addresses;
    14. The procedures governing the deposit and investment of idle funds, purchasing procedures and comprehensive travel regulations;
    15. The plan for the management and administration of the public charter school;
    16. A copy of the proposed bylaws of the governing body of the charter school;
    17. A statement of assurance of liability by the governing body of the charter school;
    18. A statement of assurance to comply with this chapter and all other applicable laws;
    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. The plan for transportation for the pupils attending the charter school; and
    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.
  3. 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.
  4. Authorizers shall require no more than five (5) paper copies of the application in addition to an electronic version of the application.
  5. In reviewing and evaluating a charter application, an authorizer shall, if applicable, take into account the performance, including both student growth and achievement, of any charter school operated by the sponsor.
  6. 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.

Acts 2002, ch. 850, § 7; 2005, ch. 414, § 6; 2011, ch. 466, § 7; 2011, ch. 507, §§ 2, 6; 2012, ch. 879, § 2; 2012, ch. 1021, §§ 3-6; 2012, ch. 1097, §§ 2, 7; 2014, ch. 850, § 5; 2017, ch. 307, §§ 24, 25; 2019, ch. 219, §§ 15-23, 101.

Compiler's Notes. Acts 2012, ch. 879, § 6 provided that, if a court finds a violation of Title VI of the Civil Rights Act of 1964, codified in 42 U.S.C. § 2000d, has occurred under the operation of the act and the court’s decision has become final, the charter school that is a party to the lawsuit shall notify the commissioner of education of the court’s ruling, who shall report the same to the speaker of the senate and speaker of the house of representatives. The commissioner shall also notify all charter schools operating in this state of the court’s decision.

Acts 2012, ch. 1097, § 9 provided that the act, which added subsection (d), shall apply to sponsors submitting applications after July 1, 2012.

Pursuant to Article III, Section 18 of the Constitution of Tennessee, Acts 2014, ch. 850 took effect on April 29, 2014.

Acts 2014, ch. 850, § 16 provided that the state board of education is authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2014, ch. 850, § 17 provided that the act, which added subsection (e), shall apply to appeals from the denial of applications filed by sponsors for charter schools proposing to open in the 2015-2016 school year and school years thereafter.

Acts 2017, ch. 307, § 1 provided that the act, which amended this section, shall be known and may be cited as  the “Tennessee High-Quality Charter Schools Act.”

Attorney General Opinions. Charter schools—Student enrollment capacity.  OAG 12-49, 2012 Tenn. AG LEXIS 49 (5/2/12).

Acts 2012, ch. 879 is constitutionally suspect.  OAG 12-94, 2012 Tenn. AG LEXIS 99 (10/8/12).

49-13-108. Approval or denial of public charter school application by public charter school authorizers.

  1. 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.
    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. 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. 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.
      1. Until 11:59 p.m. on December 31, 2020:
        1. 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. 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. 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. 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. 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. This subdivision (b)(4) is repealed at 11:59 p.m. on December 31, 2020.
    4. Beginning immediately upon the repeal of subdivision (b)(4):
      1. 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. After receiving a notice of appeal, the commission or the commission's designee shall:
        1. 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. Published in a newspaper of general circulation in the county where the LEA is located; and
          2. Posted on the commission's website; and
        2. Conduct a de novo on the record review of the proposed public charter school's application;
      3. 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. 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;
      5. 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
        1. 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. 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.
  2. 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.
    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. 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).
  3. An authorizer shall not base the authorizer's approval of a public charter school application on conditions or contingencies.
  4. 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.
  5. 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.

Acts 2002, ch. 850, § 8; 2009, ch. 555, § 7; 2011, ch. 466, §§ 8-11; 2012, ch. 879, § 3; 2012, ch. 1021, §§ 7, 8; 2012, ch. 1097, §§ 4-6; 2013, ch. 326, § 15; 2013, ch. 351, § 6; 2014, ch. 850, §§ 6-8; 2017, ch. 307, §§ 6-8; 2017, ch. 361, § 1; 2018, ch. 698, § 1; 2019, ch. 219, § 24.

Compiler's Notes. Acts 2009, ch. 555, § 17 provided that any costs associated with the implementation of the act shall be paid from existing funds.

Acts 2012, ch. 879, § 6 provided that, if a court finds a violation of Title VI of the Civil Rights Act of 1964, codified in 42 U.S.C. § 2000d, has occurred under the operation of the act and the court’s decision has become final, the charter school that is a party to the lawsuit shall notify the commissioner of education of the court’s ruling, who shall report the same to the speaker of the senate and speaker of the house of representatives. The commissioner shall also notify all charter schools operating in this state of the court’s decision.

Acts 2012, ch. 1097, § 9 provided that the act, which amended (a), shall apply to sponsors submitted application after July 1, 2012.

For the Preamble to the act concerning enrollment and completion of rigorous coursework such as advanced placement courses, please refer to Acts 2013, ch. 351.

Acts 2013, ch. 351, § 6 purported to amend this subsection (b), effective July 1, 2013. Acts 2013, ch. 326, § 15 also amended subsection (b), effective July 1, 2013. The provisions of subsection (b) as amended by ch. 351 were the same as the provisions as amended by ch. 326; therefore, ch. 351 was not given effect.

Pursuant to Article III, Section 18 of the Constitution of Tennessee, Acts 2014, ch. 850 took effect on April 29, 2014.

Acts 2014, ch. 850, § 16 provided that the state board of education is authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2014, ch. 850, § 17 provided that the act, which amended subsection (a) and added subsections (d)-(f), shall apply to appeals from the denial of applications filed by sponsors for charter schools proposing to open in the 2015-2016 school year and school years thereafter.

Acts 2017, ch. 307, § 1 provided that the act, which amended this section, shall be known and may be cited as  the “Tennessee High-Quality Charter Schools Act.”

Acts 2018, ch. 698, § 2 provided that the act, which amended this section, shall apply to charter applications filed on or after July 1, 2018.

Attorney General Opinions. If a charter school application is denied, it is anticipated that “the sponsor” who filed the application will file an amended application, correcting the deficiencies; an ineligible sponsor is not a deficiency that the ineligible sponsor may correct, OAG 03-046, 2003 Tenn. AG LEXIS 50 (4/16/03).

Charter schools—Student enrollment capacity.  OAG 12-49, 2012 Tenn. AG LEXIS 49 (5/2/12).

If a local board of education, in considering an amended charter school application T.C.A. § 49-13-108(a)(2), fails "either to deny or to approve the amended application," the amended application is deemed approved pursuant to T.C.A. § 49-13-108(a)(2), as revised by Acts 2012, ch. 1021 effective July 1, 2012.  OAG 12-67, 2012 Tenn. AG LEXIS 67 (7/5/12).

Acts 2012, ch. 879 is constitutionally suspect.  OAG 12-94, 2012 Tenn. AG LEXIS 99 (10/8/12).

House Bill 702/Senate Bill 830 (Acts 2014, ch. 850) does not impose undue financial burdens on school districts in violation of Article II, § 24 of the Tennessee Constitution.    HB 702 would likely withstand any facial constitutional challenge with respect to allowing the state board to approve new charter schools on appeal within local school districts with priority schools.  OAG 14-06, 2014 Tenn. AG LEXIS 4  (1/9/14).

49-13-109. Parent representative on governing body — Advisory school council.

  1. 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.
  2. An authorizer shall not serve as the governing body of a public charter school.

Acts 2013, ch. 326, § 6; 2013, ch. 351, §  3; 2019, ch. 219, § 25.

Compiler's Notes. Former § 49-13-109 (Acts 2002, ch. 850, § 9), concerning applicable caps, was repealed by Acts 2011, ch. 466, § 12, effective June 10, 2011.

Acts 2013, ch. 351, § 3 purported to enact a new section, effective July 1, 2013. Acts 2013, ch. 326, § 6 also enacted a new section, effective July 1, 2013. The provisions of the new section as enacted by ch. 351 were the same as the provisions as enacted by ch. 326; therefore, ch. 351 was not given effect.

For the Preamble to the act concerning enrollment and completion of rigorous coursework such as advanced placement courses, please refer to Acts 2013, ch. 351.

49-13-110. Charter agreement.

  1. 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).
  2. 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.
  3. A renewal of a charter agreement shall be for a period of ten (10) academic years.
  4. The governing body of the public charter school may petition the authorizer to amend the original charter agreement. Timelines for approval and the appeal process will be determined by the state board of education. If the authorizer is the state board of education or the commission, then no appeal may 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 also petition the authorizer for voluntary termination of the charter agreement before the charter agreement expires.
    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. 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.

Acts 2002, ch. 850, § 10; 2014, ch. 850, § 9; 2019, ch. 219, §§ 26-29.

Compiler's Notes. Pursuant to Article III, Section 18 of the Constitution of Tennessee, Acts 2014, ch. 850 took effect on April 29, 2014.

Acts 2014, ch. 850, § 16 provided that the state board of education is authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2014, ch. 850, § 17 provided that the act, which amended subsection (b), shall apply to appeals from the denial of applications filed by sponsors for charter schools proposing to open in the 2015-2016 school year and school years thereafter.

Attorney General Opinions. Execution of charter school agreements.  OAG 10-45, 2010 Tenn. AG LEXIS 45 (4/9/10).

Charter schools—Student enrollment capacity.  OAG 12-49, 2012 Tenn. AG LEXIS 49 (5/2/12).

49-13-111. Compliance.

  1. A public charter school shall, at a minimum:
    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. 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. Meet the performance standards and requirements adopted by the state board of education for public schools;
    4. Except as provided in § 49-13-142(d), receive state, federal, and local funds from the local board of education;
    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. Administer state assessments as provided in chapter 1, part 6 of this title; and
    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.
  2. 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.
  3. A public charter school shall comply with all applicable health and safety standards, regulations and laws of the United States and this state.
  4. 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.
  5. All contracts for goods in excess of ten thousand dollars ($10,000) shall be bid and must be approved by the governing body of each public charter school.
  6. 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.
  7. 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.
  8. 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.
  9. A public charter school shall follow the state board of education's rules and regulations for licensure and endorsement of employees.
  10. All teachers in a public charter school must hold a valid Tennessee educator license.
  11. A public charter school is subject to state audit procedures and audit requirements.
  12. 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.
  13. 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.
  14. 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.
  15. The governing body shall conduct at least one (1) annual board training course and shall provide documentation of such training to the authorizer. The training course shall be certified by the Tennessee Charter School Center and approved by the state board of education.
  16. 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. Federal and state civil rights;
    2. Federal, state, and local health and safety;
    3. Federal and state public records;
    4. Immunizations;
    5. Possession of weapons on school grounds;
    6. Background checks and fingerprinting of personnel;
    7. Federal and state special education services;
    8. Student due process;
    9. Parental rights;
    10. Federal and state student assessment and accountability;
    11. Open meetings; and
    12. At least the same equivalent time of instruction as required in regular public schools.

Acts 2002, ch. 850, § 11; 2004, ch. 653, § 1; 2005, ch. 177, § 2; 2011, ch. 507, §§ 4, 5; 2013, ch. 326, § 1; 2014, ch. 850, § 10; 2018, ch. 537, § 1; 2019, ch. 219, §§ 30-41.

Compiler's Notes.  Pursuant to Article III, Section 18 of the Constitution of Tennessee, Acts 2014, ch. 850 took effect on April 29, 2014.

Acts 2014, ch. 850, § 16 provided that the state board of education is authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2014, ch. 850, § 17 provided that the act, which amended subdivision (a)(3), shall apply to appeals from the denial of applications filed by sponsors for charter schools proposing to open in the 2015-2016 school year and school years thereafter.

Acts 2018, ch. 537, § 3 provided that the act, which amended this section, shall apply to the 2018-2019 school year and each school year thereafter.

Cross-References. Information about meningococcal disease and the effectiveness of vaccination, §§ 49-6-5005, 49-50-802.

Public school nurse program, duties of executive director, § 68-1-1202.

Attorney General Opinions. One Local Education Agency (LEA) may not open and operate a public school within the jurisdictional boundaries of another LEA, because no such power is conferred on a LEA by statute.  Further, a LEA has no inherent power and is not expressly or impliedly authorized by statute to operate a charter school within the jurisdictional boundaries of another LEA.  A charter school operator is not expressly or impliedly authorized by statute to operate its school outside the jurisdictional boundaries of the chartering authority. OAG 17-40, 2017 Tenn. AG LEXIS 40 (9/20/2017).

A Local Education Agency (LEA) does not have the authority to open and operate a public school or a charter school within the jurisdictional boundaries of another LEA.  LEAs have only those powers conferred on them by statute.  The statutes concerning the powers of LEAs, T.C.A. § 49-2-203 and TC.A. § 49-13-101, et seq., do not expressly give LEAs the authority to open and operate public schools or charter schools outside of their jurisdictional boundaries.  Nor does such authority arise by necessary implication.  LEAs are able to fulfill their statutory mandate without establishing or operating charter schools outside their jurisdictional boundaries. OAG 17-41, 2017 Tenn. AG LEXIS 41 (9/20/2017).

49-13-112. Allocation of state and local funds.

  1. A local board of education shall allocate to the charter school an amount equal to the per student state and local funds received by the LEA and all appropriate allocations under federal law or regulation, including, but not limited to, Title I and ESEA funds. The allocation shall be made in accordance with the policies and procedures developed by the department of education. 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. Allocations to the charter schools during that year shall be based on the per pupil amount. 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 the charter schools, at a minimum, in October, February, and June, based on changes in revenue, student enrollment, or student services. All funds received by a charter school shall 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.
  2. The commission shall receive from the department or from the LEA in which the public charter school is located, as appropriate, an amount equal to the per pupil state and local funds received by the department or LEA 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.
  3. 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. 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, excluding the proceeds of debt obligations and associated debt service; and
      1. 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. 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. 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. 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.
  4. The department of education shall calculate and report the amount of state and local funding required under the BEP for capital outlay that each public charter school should receive in a fiscal year. The LEA shall include, in the per pupil funding amount required under subsection (a), all state and local funds generated under the BEP for capital outlay that are due to public charter schools operating in the LEA.
  5. Each authorizer is responsible for reporting and submitting funds to the appropriate retirement system, as required under § 8-35-242.
  6. A public charter school may also be funded by:
      1. Federal grants;
      2. Grants, gifts, devises or donations from any private sources;
      3. State funds appropriated for the support of the public charter school, if any; and
      4. Any other funds that may be received by the local school district.
    1. 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.

Acts 2002, ch. 850, § 12; 2009, ch. 555, § 8; 2011, ch. 507, §§ 7, 8; 2012, ch. 1021, § 9; 2012, ch. 1097, § 8; 2013, ch. 326, §§  4, 9; 2014, ch. 850, § 11; 2017, ch. 307, §§ 10-13; 2019, ch. 219, §§ 42-46.

Compiler's Notes. Acts 2009, ch. 555, § 17 provided that any costs associated with the implementation of the act shall be paid from existing funds.

Acts 2012, ch. 1097, § 9 provided that the act, which amended subsection (b), shall apply to sponsors submitted application after July 1, 2012.

Pursuant to Article III, Section 18 of the Constitution of Tennessee, Acts 2014, ch. 850 took effect on April 29, 2014.

Acts 2014, ch. 850, § 16 provided that the state board of education is authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2014, ch. 850, § 17 provided that the act, which amended subsection (b), shall apply to appeals from the denial of applications filed by sponsors for charter schools proposing to open in the 2015-2016 school year and school years thereafter.

Acts 2017, ch. 307, § 1 provided that the act, which amended this section, shall be known and may be cited as  the “Tennessee High-Quality Charter Schools Act.”

Attorney General Opinions. The Charter Schools Act does not impose financial burdens on local school districts in violation of Article II, Section 24 of the Tennessee Constitution.  OAG 13-72, 2013 Tenn. AG LEXIS 73 (9/9/13).

49-13-113. Enrollment.

  1. Participation in a public charter school shall be based on parental choice or the choice of the legal guardian or custodian.
  2. A public charter school authorized by the commission is open to any student residing within the geographic boundaries of the LEA in which the public charter school is located. A public charter school authorized by the commission may enroll students residing outside the geographic boundaries of the LEA in which the public charter school is located pursuant to the out-of-district enrollment policy of the LEA in which the public charter school is located and in compliance with §§ 49-6-3003 and 49-6-403(f), unless the LEA in which the public charter school is located has a policy prohibiting out-of-district enrollment.
  3. A public charter school authorized by a local board of education may enroll students residing outside the geographic boundaries of the LEA in which the public charter school is located pursuant to the LEA's out-of-district enrollment policy and in compliance with §§ 49-6-3003 and 49-6-403(f).
    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. An enrollment preference shall be provided to students that attended the charter school during the previous school year.
    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. If an enrollment lottery is conducted, a public charter school shall give enrollment preferences in the following order:
      1. Students enrolled in a pre-K program operated by the charter school sponsor;
      2. 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;
      3. Siblings of students already enrolled in the public charter school;
      4. 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
      5. Students residing outside the geographic boundaries of the LEA in which the public charter school is located.
    5. A public charter school may give an enrollment preference to children of a teacher or member of the governing body of the charter school, not to exceed ten percent (10%) of total enrollment or twenty-five (25) students, whichever is less.
      1. 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. 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.
    6. 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.
  4. 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.

Acts 2002, ch. 850, § 13; 2009, ch. 555, § 21; 2011, ch. 466, § 13; 2012, ch. 1021, §§ 10, 11; 2013, ch. 326, § 11; 2014, ch. 850, § 12; 2017, ch. 307, § 14; 2019, ch. 219, §§ 47-55.

Compiler's Notes. Acts 2009, ch. 555, § 17 provided that any costs associated with the implementation of the act shall be paid from existing funds.

Pursuant to Article III, Section 18 of the Constitution of Tennessee, Acts 2014, ch. 850 took effect on April 29, 2014.

Acts 2014, ch. 850, § 16 provided that the state board of education is authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2014, ch. 850, § 17 provided that the act, which added subsection (f), shall apply to appeals from the denial of applications filed by sponsors for charter schools proposing to open in the 2015-2016 school year and school years thereafter.

Acts 2017, ch. 307, § 1 provided that the act, which amended this section, shall be known and may be cited as  the “Tennessee High-Quality Charter Schools Act.”

Attorney General Opinions. Preferences listed in T.C.A. § 49-13-113(b)(2)(A) do not apply unless the number of applications exceeds the capacity of a program, class, grade level or building, OAG 03-046, 2003 Tenn. AG LEXIS 50 (4/16/03).

Charter schools—Student enrollment capacity.  OAG 12-49, 2012 Tenn. AG LEXIS 49 (5/2/12).

NOTES TO DECISIONS

1. Disclosure of Student Data.

Local education agency to whom a request is directed is required to provide the requesting chartering authority with the listed information in order to effectuate the purpose of allowing participation in the public charter school based on parental choice or the choice of the legal guardian or custodian. State ex rel. McQueen v. Metro. Nashville Bd. of Pub. Educ., 587 S.W.3d 397, 2019 Tenn. App. LEXIS 68 (Tenn. Ct. App. Feb. 5, 2019), appeal denied, State ex rel. McQueen v. Metro. Nashville Bd. of Pub. Educ., — S.W.3d —, 2019 Tenn. LEXIS 270 (Tenn. June 20, 2019).

49-13-114. Transportation.

  1. 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.
  2. 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.
  3. 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.

Acts 2002, ch. 850, § 14; 2011, ch. 507, § 9 2019, ch. 219, § 56.

49-13-115. [Reserved.]

  1. 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.
  2. 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.

Acts 2002, ch. 850, § 16; 2019, ch. 219, §§ 57-59.

49-13-117. Leaves of absence for teachers.

  1. 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.
    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. 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.
  2. For salary rating purposes, a teacher shall receive credit for years of service acquired while teaching at a public charter school.
  3. This section applies to public charter schools authorized pursuant to this chapter.

Acts 2002, ch. 850, § 17; 2015, ch. 265, §§ 1, 2; 2019, ch. 219, § 60.

49-13-118. Oversight by state board of education — Authorizer fees — Refund of unused fees — Report. [Effective until July 1, 2021.]

  1. This section applies to public charter schools for which the state board of education is the authorizer.
  2. If the state board is the authorizer of a charter school, then the state board shall receive an annual authorizer fee of up to four percent (4%) of the charter school's per student state and local funding as allocated under § 49-13-112(a) for the first two (2) school years in which the state board oversees charter schools. Beginning with the third school year in which the state board oversees charter schools and thereafter, the state board shall receive an annual authorizer fee of up to three percent (3%) of the charter school's per student state and local funding as allocated under § 49-13-112(a).
  3. By April 1, of each year, the state board, or the state board's designee, shall set the percentage of a charter school's per student state and local funding that the state board shall receive as the annual authorizer fee for the next school year. This percentage shall apply to all charter schools for which the state board is the authorizer.
  4. The state board shall use the authorizer fee exclusively for fulfilling authorizing obligations in accordance with this chapter.
  5. If, for any school year, the total amount of authorizer fees collected by the state board exceeds the amount used by the state board to perform its authorizing duties, the state board shall distribute the amount remaining to its authorized charter schools. The state board shall develop a process to refund the unused fees to its authorized charter schools in the school year immediately following the school year in which the unused fees were collected by the state board.
  6. By December 1, of each year, the state board shall publicly report the total amount of authorizer fees collected in the previous school year and the authorizing obligations fulfilled using the fee. The report shall be posted on the state board's website.
  7. This section is repealed on July 1, 2021.

Acts 2016, ch. 673, § 1; 2019, ch. 219, §§ 61-64.

Compiler's Notes. Former § 49-13-118, (Acts 2002, ch. 850, § 18, repealed by Acts 2011, ch. 378, § 11, effective June 1, 2011), concerned bargaining units.

Acts 2011, ch. 378, § 4 provided that nothing in the act shall be construed to abridge or impair a contract or agreement governing terms and conditions of professional service entered into by a board of education and a recognized professional employees' organization under the Education Professional Negotiations Act before June 1, 2011. Any such contract or agreement shall remain in full force and effect until the expiration of the contract or agreement.

49-13-119. Group insurance.

Teachers, as defined in § 8-34-101, and other full-time permanent employees of a public charter school shall participate in the group insurance plans selected by the governing body of the public charter school. 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.

Acts 2002, ch. 850, § 19; 2011, ch. 507, § 10; 2015, ch. 346, § 1; 2019, ch. 219, § 65.

Attorney General Opinions. Charter school teachers participate in group insurance plans in the same manner as teachers of the local education agency, OAG 03-083, 2003 Tenn. AG LEXIS 101 (7/02/03).

Documentation of auto insurance coverage for purposes of T.C.A. § 55-12-139, OAG 03-084, 2003 Tenn. AG LEXIS 102 (7/02/03).

49-13-120. Reporting requirements.

  1. 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. The progress of the public charter school towards achieving the goals outlined in the school's charter agreement;
    2. Financial records of the public charter school, including revenues and expenditures; and
    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).
  2. 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 education committees of the senate and the house of representatives.
  3. 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. The operating status of the charter schools approved by the authorizer with a designation of:
      1. Approved but not yet open;
      2. Open and operating;
      3. Revoked, including the reason for revocation;
      4. Nonrenewed; or
      5. Closed, including date of closing and the reason for closing;
    2. The oversight and contracted services, if any, provided by the authorizer to the charter schools approved by the authorizer; and
    3. A performance report for each public charter school it oversees, in accordance with the performance framework set forth in the charter agreement.

Acts 2002, ch. 850, § 21; 2009, ch. 555, § 16; 2011, ch. 410, § 4(gg); 2011, ch. 507, § 11; 2015, ch. 182, § 77; 2017, ch. 307, § 16; 2019, ch. 219, §§ 66-70; 2019, ch. 345, § 124.

Compiler's Notes. Acts 2009, ch. 555, § 17 provided that any costs associated with the implementation of the act shall be paid from existing funds.

For the Preamble to the act concerning the prohibition against establishment of a special committee if there is a standing committee on the same subject, please refer to Acts 2011, ch. 410.

Acts 2017, ch. 307, § 1 provided that the act, which amended this section, shall be known and may be cited as  the “Tennessee High-Quality Charter Schools Act.”

Acts 2019, ch. 345, § 124  purported to amend this section by deleting “administration and planning” in subsection (b) but this language was previously deleted by Acts 2019, ch. 219, § 67.

Cross-References. Confidentiality of public records, § 10-7-504.

49-13-121. Renewal of charter — Voluntary closure.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
    1. Until 11:59 p.m. on December 31, 2020:
      1. 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. 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. 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. 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. This subsection (e) is repealed at 11:59 p.m. on December 31, 2020.
  5. Beginning immediately upon the repeal of subsection (e):
    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. 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. 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).
  6. If a public charter school renewal application is approved, then the term of the renewed charter agreement shall be for ten (10) academic years.
  7. A decision to deny renewal of a charter agreement becomes effective at the close of the school year.
  8. 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.
  9. 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.
  10. 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.

Acts 2002, ch. 850, § 22; 2005, ch. 414, § 7; 2009, ch. 555, §§ 9-12; 2011, ch. 507, § 12; 2012, ch. 1097, § 3; 2013, ch. 326, § 10; 2014, ch. 850, §§ 13, 14; 2017, ch. 307, § 17; 2019, ch. 219, § 71.

Compiler's Notes. Acts 2009, ch. 555, § 17 provided that any costs associated with the implementation of the act shall be paid from existing funds.

Pursuant to Article III, Section 18 of the Constitution of Tennessee, Acts 2014, ch. 850 took effect on April 29, 2014.

Acts 2014, ch. 850, § 16 provided that the state board of education is authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2014, ch. 850, § 17 provided that the act, which amended subsections (b) and (d), shall apply to appeals from the denial of applications filed by sponsors for charter schools proposing to open in the 2015-2016 school year and school years thereafter.

Acts 2017, ch. 307, § 1 provided that the act, which amended this section, shall be known and may be cited as  the “Tennessee High-Quality Charter Schools Act.”

49-13-122. Revocation of charter.

    1. An authorizer 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, for 2017 or any year thereafter. 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. 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. An authorizer shall revoke a public charter school agreement if the public charter school receives identification as a priority school for two (2) consecutive cycles beginning in 2017. 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.
    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. 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.
  1. A public charter school agreement may be revoked at any time by the authorizer if the authorizer determines that the school:
    1. Committed a material violation of any conditions, standards, or procedures set forth in the charter agreement;
    2. Failed to meet or make sufficient progress toward the performance expectations set forth in the charter agreement; or
    3. Failed to meet generally accepted standards of fiscal management.
  2. Thirty (30) days prior to any decision by an authorizer to revoke a charter agreement, the authorizer shall notify the charter school in writing of the possibility of revocation and the reasons for such possible revocation.
  3. If the authorizer revokes a charter agreement, then the authorizer shall clearly state in writing the reasons for the revocation.
  4. 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.
    1. Until 11:59 p.m. on December 31, 2020, a local board of education's decision to revoke a charter agreement may be appealed to the state board of education no later than ten (10) days after the date of the local board of education's decision, except for revocations based on the violations specified in subsection (a). No later than sixty (60) days after the state board of education receives a notice of appeal and after the state board of education 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 public charter school has been operating, shall conduct a de novo on the record review of the authorizer's decision. In order to overturn a local board of education's decision to revoke a charter agreement, the state board of education must find that the local board of education's decision was contrary to this section. If the state board of education overturns the local board of education's decision to revoke a charter agreement, then the state board of education shall remand the decision to the local board of education and the local board of education shall remain the authorizer. The decision of the state board of education is final and is not subject to appeal. This subsection (f) only applies to decisions to revoke a charter agreement for which the local board of education is the authorizer.
    2. This subsection (f) is repealed at 11:59 p.m. on December 31, 2020.
    1. Beginning immediately upon the repeal of subsection (f), 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. This subsection (g) only applies to decisions to revoke a charter agreement for which the local board of education is the authorizer.
  5. Except in the case of fraud, misappropriation of funds, flagrant disregard of the charter agreement, or similar misconduct, a decision to revoke a charter agreement becomes effective at the close of the school year.

Acts 2002, ch. 850, § 23; 2011, ch. 466, §§ 14, 15; 2012, ch. 879, § 4; 2012, ch. 962, §§ 4, 5; 2014, ch. 721, § 1; 2014, ch. 850, § 15; 2015, ch. 171, § 1; 2017, ch. 307, § 18; 2019, ch. 205, § 1; 2019, ch. 219, §§ 72-75.

Code Commission Notes.

Acts 2014, ch. 850, § 15 rewrote former subsection (c) of this section effective from April 29, 2014, until July 1, 2014, the effective  date of the amendment by Acts 2014, ch. 721, § 1, which rewrote the section in its entirety. Former subsection (c), as rewritten by Acts 850, § 15, effective from April 29, 2014 until July 1, 2014, read: “(c)(1) Except for revocations or failures to renew based on the violations specified in subdivision (a)(2), a decision of an LEA not to renew or to revoke a charter agreement may be appealed to the state board of education within ten (10) days of the decision.“(2) An appeal to the state board of an LEA's decision not to renew or to revoke a charter agreement shall be conducted according to § 49-13-108(a)(4). The decision of the board is final and may not be appealed.“(3) If the state board decides not to renew or to revoke a charter agreement for which the state board is the chartering authority, then the decision of the state board is final and may not be appealed.”

Compiler's Notes. Acts 2012, ch. 879, § 6 provided that, if a court finds a violation of Title VI of the Civil Rights Act of 1964, codified in 42 U.S.C. § 2000d, has occurred under the operation of the act and the court’s decision has become final, the charter school that is a party to the lawsuit shall notify the commissioner of education of the court’s ruling, who shall report the same to the speaker of the senate and speaker of the house of representatives. The commissioner shall also notify all charter schools operating in this state of the court’s decision.

Acts 2012, ch. 962, § 7 provided that the state board of education is authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Pursuant to Article III, Section 18 of the Constitution of Tennessee, Acts 2014, ch. 850 took effect on April 29, 2014.

Acts 2014, ch. 850, § 16 provided that the state board of education is authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2014, ch. 850, § 17 provided that the act, which amended subsection (e), shall apply to appeals from the denial of applications filed by sponsors for charter schools proposing to open in the 2015-2016 school year and school years thereafter.

Acts 2017, ch. 307, § 1 provided that the act, which amended this section, shall be known and may be cited as  the “Tennessee High-Quality Charter Schools Act.”

Attorney General Opinions. Acts 2012, ch. 879 is constitutionally suspect.  OAG 12-94, 2012 Tenn. AG LEXIS 99 (10/8/12).

49-13-123. [Repealed.]

Acts 2002, ch. 850, § 24; repealed by Acts 2019, ch. 219,  § 76, effective April 26, 2019.

Compiler's Notes. Former §  49-13-123 concerned enrollment of students in terminated charter school.

49-13-124. Charter school powers.

  1. 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. Contract for services, except for the management or operation of the charter school by a for-profit entity;
    2. Buy, sell or lease property;
    3. Borrow funds as needed; and
    4. Pledge its assets as security; provided, however, that those assets are not leased or loaned by the state or local government.
  2. 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).

Acts 2002, ch. 850, § 25; 2005, ch. 414, § 8; 2009, ch. 601, § 9; 2019, ch. 219, § 77.

Compiler's Notes. 26 U.S.C. § 54E and 26 U.S.C. § 54F, which are referred to in this section, were repealed by  Act Dec. 22, 2017, P. L. 115-97, Title I, Subtitle C, Part V, § 13404(a), 131 Stat. 2138, applicable to bonds issued after December 31, 2017, as provided by § 13404(d) of such Act, which appears as 26 USCS § 54 note. 26 U.S.C. § 54E provided for qualified zone academy bonds, and 26 U.S.C. § 54F provided for qualified school construction bonds.

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.

Acts 2002, ch. 850, § 26.

49-13-126. Promulgation of rules and regulations.

  1. 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.
  2. 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.

Acts 2002, ch. 850, § 27; 2011, ch. 410, § 4(hh); 2011, ch. 466, § 16; 2015, ch. 182, § 78; 2019, ch. 219, § 78; 2019, ch. 345, § 125.

Compiler's Notes. For the Preamble to the act concerning the prohibition against establishment of a special committee if there is a standing committee on the same subject, please refer to Acts 2011, ch. 410.

49-13-127. Audits.

    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.
      1. 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. 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. For the fiscal year ending June 30;
        2. Filed in a form prescribed by the comptroller of the treasury; and
        3. Filed by the CMO with the comptroller of the treasury no later than August 31 of each year.
    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. 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. 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.
  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 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.

Acts 2002, ch. 850, § 28; 2011, ch. 410, § 4(ii); 2013, ch. 326, § 12; 2013, ch. 351, § 5; 2018, ch. 768, § 1.

Compiler's Notes. For the Preamble to the act concerning the prohibition against establishment of a special committee if there is a standing committee on the same subject, please refer to Acts 2011, ch. 410.

For the Preamble to the act concerning enrollment and completion of rigorous coursework such as advanced placement courses, please refer to Acts 2013, ch. 351.

Acts 2013, ch. 351, § 5 purported to amend this section, effective July 1, 2013, by adding subdivision (b)(3). Acts 2013, ch. 326, § 12 also amended this section, effective July 1, 2013, adding subdivision (b)(3). The provisions of subdivision (b)(3) as added by ch. 351 were the same as the provisions added by ch. 326; therefore, ch. 351 was not given effect.

49-13-128. Annual authorizer fee.

  1. 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.
  2. The LEA shall use the annual authorizer fee exclusively for fulfilling authorizing obligations in accordance with this chapter.
  3. 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.
  4. 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.
  5. 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.
  6. 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.

Acts 2017, ch. 307, § 9; 2019, ch. 219, §§ 79-81.

Code Commission Notes.

Former § 49-13-128, concerning a study by the office of education accountability, was deleted as obsolete by the code commission in 2009.

Compiler's Notes. Acts 2017, ch. 307, § 1 provided that the act, which enacted this section, shall be known and may be cited as  the “Tennessee High-Quality Charter Schools Act.”

49-13-129. [Repealed.]

Acts 2008, ch. 1133, § 3; 2010, ch. 930, § 1; repealed by Acts 2018, ch. 725, § 57, effective April 18, 2018.

Compiler's Notes. Former § 49-13-129 concerned the appointment of a task force.

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. 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. 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. The transfer of students;
    2. The release and transfer of student records to the authorizer or the department;
    3. The release and transfer of personnel records to the authorizer or the department;
    4. The submission of financial statements to the appropriate authorizer or department;
    5. The disposition of school funds;
    6. The disposition of school assets; and
    7. A school audit pursuant to § 49-2-112;
  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. 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. 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. 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. 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. 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.

Acts 2017, ch. 307, § 19; 2019, ch. 219, §§ 82-86.

Compiler's Notes. Former § 49-13-130 (Acts 2008, ch. 1133, § 2, repealed by Acts 2011, ch. 466, § 17, effective June 10, 2011) concerned the reenactment and repeal of chapter provisions relating to the creation of new public charter schools.

Acts 2017, ch. 307, § 1 provided that the act, which enacted this section, shall be known and may be cited as  the “Tennessee High-Quality Charter Schools Act.”

49-13-131. [Repealed.]

Acts 2009, ch. 555, § 13; repealed by Acts 2019, ch. 219, § 87, effective April 26, 2019.

Compiler's Notes. Former § 49-13-131 concerned  identification and implementation of system for dissemination of charter school most promising practices.

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, 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.

Acts 2017, ch. 307, § 20; 2019, ch. 219, §§ 88, 89.

Compiler's Notes. Former § 49-13-132 (Acts 2009, ch. 555, § 15, repealed by Acts 2011, ch. 466, § 18, effective June 10, 2011) concerned the adoption of dates and timelines for applications for conversion of schools in Restructuring 2 — Alternative Governance to charter schools.

Acts 2017, ch. 307, § 1 provided that the act, which enacted this section, shall be known and may be cited as  the “Tennessee High-Quality Charter Schools Act.”

Attorney General Opinions. A school district or local education agency in Tennessee must comply with the new disclosure mandate in T.C.A.§ 49-13-132, and nothing in the Family Educational Rights and Privacy Act of 1974 (FERPA), 20 U.S.C. § 1232g, prohibits that disclosure.  Each school district or local education agency must promptly amend its policy to permit the release of the information specified in T.C.A. § 49-13-132 to chartering authorities and public charter schools and must notify parents of the new policy and allow them a reasonable opportunity to opt out of the disclosure of student information.  After providing this notice and opportunity to opt out, the school district must comply with the statute.  The statute does not prohibit chartering authorities and public charter schools from using student contact information received from local education agencies to contact parents and provide them with additional public school options available to their children.  Instead, it is designed to facilitate that contact. OAG 17-39, 2017 Tenn. AG LEXIS 39 (9/13/2017).

NOTES TO DECISIONS

1. Disclosure.

Local education agency to whom a request is directed is required to provide the requesting chartering authority with the listed information in order to effectuate the purpose of allowing participation in the public charter school based on parental choice or the choice of the legal guardian or custodian. State ex rel. McQueen v. Metro. Nashville Bd. of Pub. Educ., 587 S.W.3d 397, 2019 Tenn. App. LEXIS 68 (Tenn. Ct. App. Feb. 5, 2019), appeal denied, State ex rel. McQueen v. Metro. Nashville Bd. of Pub. Educ., — S.W.3d —, 2019 Tenn. LEXIS 270 (Tenn. June 20, 2019).

Trial court properly issued a writ of mandamus to a school board and director of schools requiring the production of student data to the State because they had a clear statutory duty to comply with the State's request for certain student data. State ex rel. McQueen v. Metro. Nashville Bd. of Pub. Educ., 587 S.W.3d 397, 2019 Tenn. App. LEXIS 68 (Tenn. Ct. App. Feb. 5, 2019), appeal denied, State ex rel. McQueen v. Metro. Nashville Bd. of Pub. Educ., — S.W.3d —, 2019 Tenn. LEXIS 270 (Tenn. June 20, 2019).

2. Federal Preemption.

There is no conflict between the statute and the Federal Educational Rights and Privacy Act (FERPA) because complying with the statute in no way stands as an obstacle to the accomplishment of FERPA's purpose of protecting student data, and the standard protective mechanism of FERPA, prior parental consent, does not apply to the directory information that is the subject; disclosing the information in accordance with the statute does not conflict with FERPA but is entirely consistent with FERPA. State ex rel. McQueen v. Metro. Nashville Bd. of Pub. Educ., 587 S.W.3d 397, 2019 Tenn. App. LEXIS 68 (Tenn. Ct. App. Feb. 5, 2019), appeal denied, State ex rel. McQueen v. Metro. Nashville Bd. of Pub. Educ., — S.W.3d —, 2019 Tenn. LEXIS 270 (Tenn. June 20, 2019).

Statute is not preempted by the Federal Educational Rights and Privacy Act; The state statute is mandatory and requires a local education agency to provide the requested directory information to a requesting chartering authority or public charter school. State ex rel. McQueen v. Metro. Nashville Bd. of Pub. Educ., 587 S.W.3d 397, 2019 Tenn. App. LEXIS 68 (Tenn. Ct. App. Feb. 5, 2019), appeal denied, State ex rel. McQueen v. Metro. Nashville Bd. of Pub. Educ., — S.W.3d —, 2019 Tenn. LEXIS 270 (Tenn. June 20, 2019).

3. Construction.

Applying the last antecedent rule to the phrase “approved to operate one (1) or more schools in the district,” the legislature intended for the phrase to modify only “a public charter school” because there is no comma before the phrase; in accordance with the plain meaning of the language, the statute provides for two types of entities that can request directory information: (1) a chartering authority, or (2) a public charter school approved to operate one (1) or more schools in the district. State ex rel. McQueen v. Metro. Nashville Bd. of Pub. Educ., 587 S.W.3d 397, 2019 Tenn. App. LEXIS 68 (Tenn. Ct. App. Feb. 5, 2019), appeal denied, State ex rel. McQueen v. Metro. Nashville Bd. of Pub. Educ., — S.W.3d —, 2019 Tenn. LEXIS 270 (Tenn. June 20, 2019).

Achievement School District does not need to operate a school within the district to be entitled to information; there is no ambiguity in the statute. State ex rel. McQueen v. Metro. Nashville Bd. of Pub. Educ., 587 S.W.3d 397, 2019 Tenn. App. LEXIS 68 (Tenn. Ct. App. Feb. 5, 2019), appeal denied, State ex rel. McQueen v. Metro. Nashville Bd. of Pub. Educ., — S.W.3d —, 2019 Tenn. LEXIS 270 (Tenn. June 20, 2019).

Purpose of the statute is to enable chartering authorities and public charter schools to gain access to student data to inform eligible students and their parents/guardians of the available school choices; the language contains no restrictions on the receiving entity's use of the information, and once a chartering authority or charter school receives directory information from a local education agency, it does not constrain that entity in the purpose for which it may use the information. State ex rel. McQueen v. Metro. Nashville Bd. of Pub. Educ., 587 S.W.3d 397, 2019 Tenn. App. LEXIS 68 (Tenn. Ct. App. Feb. 5, 2019), appeal denied, State ex rel. McQueen v. Metro. Nashville Bd. of Pub. Educ., — S.W.3d —, 2019 Tenn. LEXIS 270 (Tenn. June 20, 2019).

Statute is not ambiguous on a requesting authority's ability to use the requested information for marketing and recruiting, and, therefore, there is no need to consult the legislative history; the statute describes a ministerial duty, not a discretionary action, for a local education agency receiving a request from a chartering authority or a public charter school approved to operate a school(s) in the district. State ex rel. McQueen v. Metro. Nashville Bd. of Pub. Educ., 587 S.W.3d 397, 2019 Tenn. App. LEXIS 68 (Tenn. Ct. App. Feb. 5, 2019), appeal denied, State ex rel. McQueen v. Metro. Nashville Bd. of Pub. Educ., — S.W.3d —, 2019 Tenn. LEXIS 270 (Tenn. June 20, 2019).

49-13-133. [Repealed.]

Acts 2009, ch. 555, § 19; 2018, ch. 725, § 58; repealed by Acts 2019, ch. 219, § 90, effective April 26, 2019.

Compiler's Notes. Former §  49-13-133 concerned  a student tracking system to track students who leave charter schools.

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.

Acts 2009, ch. 555, § 20.

Compiler's Notes. Acts 2009, ch. 555, § 17 provided that any costs associated with the implementation of the act shall be paid from existing funds.

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.

Acts 2011, ch. 465, § 2.

Attorney General Opinions. A local education agency (LEA) is required to make an underutilized and vacant property available for use by charter schools operating in the LEA; however, the LEA is not necessarily required to execute a binding agreement with the charter school for the use of the property. OAG 16-37, 2016 Tenn. AG LEXIS 37 (9/16/2016).

49-13-136. Use of capital outlay funds — Contracting for goods and services — Underutilized and vacant properties.

  1. Charter schools may use capital outlay funds for the following purposes:
    1. Purchase, lease-purchase, or lease of real property;
    2. Purchase, lease-purchase, or lease of school facilities;
    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. 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. Pay debt service on any transaction authorized under this subsection (a).
  2. 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.
    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. 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.
  3. 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.
  4. 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.
  5. 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).

Acts 2011, ch. 465, § 2; 2018, ch. 537, § 2; 2019, ch. 219, §§ 91, 92.

Compiler's Notes. Acts 2018, ch. 537, § 3 provided that the act, which amended this section, shall apply to the 2018-2019 school year and each school year thereafter.

Attorney General Opinions. A local education agency (LEA) is required to make an underutilized and vacant property available for use by charter schools operating in the LEA; however, the LEA is not necessarily required to execute a binding agreement with the charter school for the use of the property. OAG 16-37, 2016 Tenn. AG LEXIS 37 (9/16/2016).

49-13-137. [Reserved.]

Acts 2012, ch. 794, § 1; 2014, ch. 847, § 1; repealed by Acts 2019, ch. 219, § 93, effective April 26, 2019.

Compiler's Notes. Former § 49-13-138 concerned  charter school compliance with  open meetings requirements.

49-13-139. [Repealed.]

Acts 2012, ch. 794, § 1; repealed by Acts 2019, ch. 219, § 94, effective April 26, 2019.

Compiler's Notes. Former § 49-13-139 concerned  maintenance of website by public charter schools within an LEA.

49-13-140. [Repealed.]

Acts 2012, ch. 794, § 1; repealed by Acts 2019, ch. 219, § 95, effective April 26, 2019.

Compiler's Notes. Former §  49-13-140 concerned records of public charter school as open records to same extent as records of public schools operated by an LEA.

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.

Acts 2012, ch. 1065, § 1; 2019, ch. 219, § 96.

Attorney General Opinions. Constitutionality of Acts 2012, ch. 1065 regarding LEAs as sponsors of charter schools.  OAG 12-68, 2012 Tenn. AG LEXIS 68 (7/6/12).

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.

  1. [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.

    [Effective until July 1, 2021. See subsection (i)]

    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. 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. 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.

      [Effective until July 1, 2021. See subsection (i)]

    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. 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.

      [Effective until July 1, 2021. See subsection (i)]

  2. 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.

    [Effective until July 1, 2021. See subsection (i)]

  3. 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.

    [Effective until July 1, 2021. See subsection (i)]

  4. 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.

    [Effective until July 1, 2021. See subsection (i)]

  5. The state board of education is the LEA for all charter schools it authorizes.
    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. 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. 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. 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. 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. 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.
  6. Subsections (a)-(g) are repealed on July 1, 2021.

Acts 2014, ch. 850, § 2; 2018, ch. 622, §§ 1, 2; 2019, ch. 219, §§ 97, 98.

Compiler's Notes.  Pursuant to Article III, Section 18 of the Constitution of Tennessee, Acts 2014, ch. 850 took effect on April 29, 2014.

Acts 2014, ch. 850, § 16 provided that the state board of education is authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2014, ch. 850, § 17 provided that the act, which enacted this section, shall apply to appeals from the denial of applications filed by sponsors for charter schools proposing to open in the 2015-2016 school year and school years thereafter.

Attorney General Opinions. House Bill 702/Senate Bill 830 (Acts 2014, ch. 850) does not impose undue financial burdens on school districts in violation of Article II, § 24 of the Tennessee Constitution. HB 702 would likely withstand any facial constitutional challenge with respect to allowing the state board to approve new charter schools on appeal within local school districts with priority schools.  OAG 14-06, 2014 Tenn. AG LEXIS 4  (1/9/14).

49-13-143. Performance framework.

  1. 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.
  2. 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.

Acts 2017, ch. 307, § 22; 2019, ch. 219, § 99.

Compiler's Notes. Acts 2017, ch. 307, § 1 provided that the act, which enacted this section, shall be known and may be cited as  the “Tennessee High-Quality Charter Schools Act.”

49-13-144. Public charter schools facilities program.

  1. 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.
  2. 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.
  3. 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.

Acts 2017, ch. 307, § 23.

Compiler's Notes. Acts 2017, ch. 307, § 1 provided that the act, which enacted this section, shall be known and may be cited as  the “Tennessee High-Quality Charter Schools Act.”

49-13-145. Effective operation of authorizers — Authorizer quality.

  1. The state board of education shall ensure the effective operation of authorizers in this state and shall evaluate authorizer quality.
  2. 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.
    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. 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.
  3. 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.

Acts 2019, ch. 219, § 100.

49-13-116. Information on charter schools.

49-13-138. [Repealed.]

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.”

Acts 2004, ch. 904, § 1.

49-14-102. Creation of audit committee — Employment of internal auditor.

  1. 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.
  2. 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.
  3. 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.

Acts 2004, ch. 904, § 2; 2017, ch. 28, § 6.

49-14-103. Establishment of process for confidentially reporting misconduct.

  1. 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.
  2. 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.

Acts 2004, ch. 904, § 3; 2017, ch. 28, § 7.

Cross-References. Confidentiality of public records, § 10-7-504.

Penalty for Class A misdemeanor, § 40-35-111.

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.

Acts 2004, ch. 904, § 4; 2010, ch. 891, § 2; 2017, ch. 28, § 8.

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.

Acts 2004, ch. 904, § 5.

49-14-106. Hiring of internal auditors — Termination of employment.

  1. 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.
  2. 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.
  3. 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.

Acts 2004, ch. 904, § 6; 2017, ch. 28, § 9.

Cross-References.  Basic personnel requirements, § 49-5-101.

Chapter 15
Cooperative Innovative High School Programs

49-15-101. Purpose — Requirements of programs.

  1. 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. High school students who are at risk of dropping out of school before attaining a high school diploma; or
    2. High school students who would benefit from accelerated academic instruction.
  2. All cooperative innovative high school programs established under this chapter shall:
    1. Prepare students adequately for future learning in the workforce or in an institution of higher education;
    2. Expand students' educational opportunities within the public school system;
    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. Encourage the cooperative or shared use of resources, personnel and facilities between public schools and postsecondary institutions;
    5. Integrate and emphasize both academic and technical skills necessary for students to be successful in a more demanding and changing workplace;
    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. 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. Encourage the use of different and innovative teaching methods;
    9. Establish joint institutional responsibility and accountability for support of students and their success;
    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. Develop methods for early identification of potential participating students in the middle grades through high school; and
    12. Reduce the percentage of students needing remedial courses upon their initial entry from high school into a postsecondary institution.
  3. 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. 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. Enable students to complete a technical or academic program in a field that is in high demand and has high wages;
    3. Set and achieve goals that significantly reduce dropout rates and raise high school and college retention, certification and degree completion rates; and
    4. Enable students who complete these programs to pass employer exams, if applicable.
  4. Cooperative innovative high school programs that offer accelerated learning programs shall:
    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. 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. 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.
  5. 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.
  6. Students shall be eligible to attend these programs as early as the ninth grade.

Acts 2007, ch. 459, § 1; 2013, ch. 473, § 23.

49-15-102. Chapter definitions.

As used in this chapter, unless the context otherwise requires:

  1. “Consortium” means the consortium for cooperative innovative education created under § 49-15-103;
  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. “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. “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.

Acts 2007, ch. 459, § 1; 2012, ch. 967, §§ 1, 2.

49-15-103. Consortium for cooperative innovative education.

  1. 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.
  2. The consortium shall:
    1. Develop and put into effect a program to align secondary and postsecondary courses;
    2. Develop and implement early postsecondary credit opportunities; and
    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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.

Acts 2007, ch. 459, § 1; 2012, ch. 967, § 3.

49-15-104. Duties of consortium — Development of plan for the establishment of statewide early postsecondary credit opportunities.

  1. 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.
    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. 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. 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. 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.
  2. The office of postsecondary coordination and alignment shall:
    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. Provide such funds as are necessary for the implementation of the plan of the consortium;
    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. 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.
  3. 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.
  4. 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.

Acts 2007, ch. 459, § 1; 2012, ch. 967, § 4.

49-15-105. Participation by education partners.

  1. 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. A public postsecondary institution other than the applicant public postsecondary institution;
    2. A private college or university located in this state;
    3. A private business or organization;
    4. The county legislative body in the county in which the program is located; or
    5. A public charter school.
    1. Remediation of students may occur through cooperative agreements between postsecondary and secondary institutions.
    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. 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.

Acts 2007, ch. 459, § 1; 2012, ch. 967, §§ 5, 6; 2013, ch. 473, § 24.

49-15-106. Dual enrollment and dual credit — Accountabilities — Operation.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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. Federal and state civil rights;
    2. Federal, state and local health and safety;
    3. Federal and state public records;
    4. Immunizations;
    5. Possession of weapons on school grounds;
    6. Background checks and fingerprinting of personnel;
    7. Federal and state special education services;
    8. Student due process;
    9. Parental rights;
    10. Federal and state student assessment and accountability; and
    11. Open meetings.
  8. 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.

Acts 2007, ch. 459, § 1; 2012, ch. 967, §§ 7, 8.

49-15-107. Allocation of funds.

  1. The local board of education shall allocate one hundred percent (100%) of state and local education funds to a program approved under this chapter on the per pupil expenditure of the LEA. The per pupil expenditure shall be based on the prior year average daily membership (ADM) of the LEA, unless the LEA receives an increased allocation under § 49-3-351(d), in which case the per pupil expenditure shall take into consideration the increase in the LEA's funding. All funds shall 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.
  2. The public postsecondary institution and its governing board may allocate state and federal funds for a program that is approved under this chapter.
  3. 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.
  4. 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.
  5. The LEA and the cooperating public postsecondary institution are strongly encouraged to seek funds from sources other than state, federal and local appropriations.
  6. 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.

Acts 2007, ch. 459, § 1; 2012, ch. 967, §§ 9, 10.

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.

Acts 2007, ch. 459, § 1; 2012, ch. 967, § 11; 2015, ch. 182, § 79; 2018, ch. 725, § 59.

49-15-109. Alignment of secondary and postsecondary programs — Validation.

  1. 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.
  2. 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.
  3. 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.
  4. 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.

Acts 2007, ch. 459, § 1; 2012, ch. 967, § 12.

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.

Acts 2007, ch. 459, § 1; 2012, ch. 967, § 13.

49-15-111. Dual credit courses.

  1. 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.
  2. 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.
  3. 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.

Acts 2012, ch. 967, § 14.

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.

Acts 2008, ch. 1096, § 2.

Compiler's Notes. For the Preamble to the act regarding virtual education programs, please refer to Acts 2008, ch. 1096.

49-16-102. Promulgation of rules and regulations.

  1. 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.
  2. 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.

Acts 2008, ch. 1096, § 3.

Compiler's Notes. For the Preamble to the act regarding virtual education programs, please refer to Acts 2008, ch. 1096.

49-16-103. Use of funds.

  1. LEAs are authorized to use basic education program (BEP) funds in the implementation and operation of virtual education programs.
  2. 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.

Acts 2008, ch. 1096, § 4.

Compiler's Notes. For the Preamble to the act regarding virtual education programs, please refer to Acts 2008, ch. 1096.

49-16-104. Annual report.

  1. The department of education shall annually submit to the governor, the general assembly, the state board of education, and the basic education program (BEP) review committee a complete and detailed reporting of:
    1. The operation of virtual education programs;
    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. Efforts made to improve the programs and the delivery of classes, including new technologies examined or implemented;
    4. Funding received and the adequacy of the funding; and
    5. Such other information as the department finds necessary to account for the operation of virtual education programs.
  2. The report shall be submitted by July 1 of each year.

Acts 2008, ch. 1096, § 5.

Compiler's Notes. For the Preamble to the act regarding virtual education programs, please refer to Acts 2008, ch. 1096.

Cross-References. Reporting requirement satisfied by notice to general assembly members of publication of report, § 3-1-114.

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.

Acts 2008, ch. 1096, § 6; 2011, ch. 288, § 1.

Compiler's Notes. For the Preamble to the act regarding virtual education programs, please refer to Acts 2008, ch. 1096.

For the preamble to the act concerning the educational needs of children in Tennessee's schools, please refer to Acts 2011, ch. 288.

Part 2
Virtual Public Schools Act [Effective until June 30, 2023]

49-16-201. Short title. [Effective until June 30, 2023.]

This part shall be known and may be cited as the “Virtual Public Schools Act.”

Acts 2011, ch. 492, § 1.

Compiler's Notes. For the preamble to the act concerning technology educational resources for Tennessee's schools, please refer to Acts 2011, ch. 492.

Cross-References. Part repealer, § 49-16-216.

Attorney General Opinions. Requirements to establish virtual public school; obligations of Tennessee Department of Education once LEA has met requirements of Virtual Public Schools Act.  OAG 13-82, 2013 Tenn. AG LEXIS 83 (10/24/13).

49-16-202. Purpose. [Effective until June 30, 2023.]

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.

Acts 2011, ch. 492, § 1.

Compiler's Notes. For the preamble to the act concerning technology educational resources for Tennessee's schools, please refer to Acts 2011, ch. 492.

Cross-References. Part repealer, § 49-16-216.

49-16-203. Part definitions. [Effective until June 30, 2023.]

As used in this part, unless the context otherwise requires:

  1. “Establisher” means an LEA; and
  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.

Acts 2011, ch. 492, § 1.

Compiler's Notes. For the preamble to the act concerning technology educational resources for Tennessee's schools, please refer to Acts 2011, ch. 492.

Cross-References. Part repealer, § 49-16-216.

49-16-204. Establishment of public school — Resources. [Effective until June 30, 2023.]

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.

Acts 2011, ch. 492, § 1.

Compiler's Notes. For the preamble to the act concerning technology educational resources for Tennessee's schools, please refer to Acts 2011, ch. 492.

Cross-References. Part repealer, § 49-16-216.

49-16-205. What virtual school will provide students. [Effective until June 30, 2023.]

A virtual school shall provide each student enrolled in the school:

  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. 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. Regular assessment in language arts, math, science and social studies.

Acts 2011, ch. 492, § 1; 2016, ch. 999, § 12.

Compiler's Notes. For the preamble to the act concerning technology educational resources for Tennessee's schools, please refer to Acts 2011, ch. 492.

Cross-References. Part repealer, § 49-16-216.

49-16-206. What virtual school will provide families. [Effective until June 30, 2023.]

For each family with a student enrolled, the virtual school shall:

  1. Provide instructional materials; and
  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.

Acts 2011, ch. 492, § 1; 2012, ch. 999, § 3.

Compiler's Notes. For the preamble to the act concerning technology educational resources for Tennessee's schools, please refer to Acts 2011, ch. 492.

Cross-References. Part repealer, § 49-16-216.

49-16-207. No assistance with purchase of instructional programs or materials — Reimbursement for internet connection. [Effective until June 30, 2023.]

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.

Acts 2011, ch. 492, § 1.

Compiler's Notes. For the preamble to the act concerning technology educational resources for Tennessee's schools, please refer to Acts 2011, ch. 492.

Cross-References. Part repealer, § 49-16-216.

49-16-208. Qualifications of teachers. [Effective until June 30, 2023.]

Each teacher employed at a virtual school shall be qualified to teach in this state under existing law.

Acts 2011, ch. 492, § 1.

Compiler's Notes. For the preamble to the act concerning technology educational resources for Tennessee's schools, please refer to Acts 2011, ch. 492.

Cross-References. Part repealer, § 49-16-216.

49-16-209. Computer-based and internet-based instruction. [Effective until June 30, 2023.]

Nothing in this part shall preclude the use of computer-based and Internet-based instruction for students in a virtual or remote setting.

Acts 2011, ch. 492, § 1.

Compiler's Notes. For the preamble to the act concerning technology educational resources for Tennessee's schools, please refer to Acts 2011, ch. 492.

Cross-References. Part repealer, § 49-16-216.

49-16-210. Administrative office as principal place of business. [Effective until June 30, 2023.]

A virtual school shall maintain an administrative office within the state. This office shall be considered its principal place of business.

Acts 2011, ch. 492, § 1.

Compiler's Notes. For the preamble to the act concerning technology educational resources for Tennessee's schools, please refer to Acts 2011, ch. 492.

Cross-References. Part repealer, § 49-16-216.

49-16-211. Enrollment. [Effective until June 30, 2023.]

  1. 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.
  2. 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.

Acts 2011, ch. 492, § 1; 2013, ch. 404, § 1.

Compiler's Notes. For the preamble to the act concerning technology educational resources for Tennessee's schools, please refer to Acts 2011, ch. 492.

Acts 2013, ch. 404, § 3 provided that the state board of education is authorized to promulgate rules and regulations to effectuate the purposes of the act, which added subsection (b). All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Cross-References. Part repealer, § 49-16-216.

49-16-212. Operation according to Educational Cooperation Act. [Effective until June 30, 2023.]

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.

Acts 2011, ch. 492, § 1.

Compiler's Notes. For the preamble to the act concerning technology educational resources for Tennessee's schools, please refer to Acts 2011, ch. 492.

Cross-References. Part repealer, § 49-16-216.

49-16-213. Evaluation criteria. [Effective until June 30, 2023.]

  1. A virtual school shall be evaluated annually by its establisher based on the following criteria:
    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. The accountability and viability of the virtual school, as demonstrated by its academic, fiscal and operational performance.
  2. 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 § 49-3-351(d), if a public virtual school is closed upon direction of the commissioner or the LEA, the basic education program (BEP) payments for the LEA that established the school shall be exclusive of any student who was enrolled in the school the prior year and did not remain enrolled in the LEA.

Acts 2011, ch. 492, § 1; 2013, ch. 404, § 2.

Compiler's Notes. For the preamble to the act concerning technology educational resources for Tennessee's schools, please refer to Acts 2011, ch. 492.

Acts 2013, ch. 404, § 3 provided that the state board of education is authorized to promulgate rules and regulations to effectuate the purposes of the act, which added subsection (b). All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Cross-References. Part repealer, § 49-16-216.

49-16-214. Contracting for services. [Effective until June 30, 2023.]

An establisher may contract for services with nonprofit and for-profit entities in the operation and management of the virtual school.

Acts 2011, ch. 492, § 1.

Compiler's Notes. For the preamble to the act concerning technology educational resources for Tennessee's schools, please refer to Acts 2011, ch. 492.

Cross-References. Part repealer, § 49-16-216.

49-16-215. Rules and regulations. [Effective until June 30, 2023.]

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.

Acts 2011, ch. 492, § 2.

Compiler's Notes. For the preamble to the act concerning technology educational resources for Tennessee's schools, please refer to Acts 2011, ch. 492.

Cross-References. Part repealer, § 49-16-216.

49-16-216. Part repealer. [Effective until June 30, 2023.]

This part is repealed effective June 30, 2023.

Acts 2011, ch. 492, § 3; 2015, ch. 142, § 1; 2019, ch. 283, § 1.

Compiler's Notes. For the preamble to the act concerning technology educational resources for Tennessee's schools, please refer to Acts 2011, ch. 492.

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.”

Acts 2008, ch. 1188, § 2.

49-17-102. Chapter definitions.

As used in this chapter, unless the context otherwise requires:

  1. “Council” means the twelve-member energy efficient schools council created by this chapter;
  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. “Energy auditor” means any person approved to perform professional energy audits;
  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. “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. “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.

Acts 2008, ch. 1188, § 3.

49-17-103. Creation of energy efficient schools council.

    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. The governor shall appoint three (3) members as follows:
        1. One (1) member representing local governments, who shall serve an initial term of two (2) years;
        2. One (1) member representing school systems, who shall serve an initial term of three (3) years; and
        3. One (1) member representing the interests of the industries that provide natural gas and oil heating to school buildings;
      2. The speaker of the senate shall appoint three (3) members as follows:
        1. 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. One (1) member representing local school systems in this state, who shall serve an initial term of three (3) years; and
        3. One (1) member representing the Oak Ridge National Laboratory, who shall be an ex-officio, nonvoting member; and
      3. The speaker of the house of representatives shall appoint three (3) members as follows:
        1. 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. One (1) member representing local governments in this state, who shall serve an initial term of three (3) years; and
        3. One (1) member representing the Tennessee Valley authority, who shall be an ex-officio, nonvoting member.
    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. 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.
  1. Each member shall serve a four-year term, unless otherwise provided in this chapter, and may be appointed for successive terms.
  2. 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.
  3. 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.
  4. The purposes of the council are to:
    1. Approve the design and technology guidelines as established by the technical advisory committee as provided in subsection (j);
    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. Cause to be conducted verification of energy efficiencies achieved using the methodologies established by the technical advisory committee as provided in subsection (j);
    4. To the extent feasible, establish and support ongoing energy management programs; and
    5. Establish compensation policies for members of the technical advisory committee, unless otherwise prohibited in this chapter.
  5. 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.
  6. 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.
    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. All members of the council shall be subject to the conflict of interest provisions set forth in §§ 12-4-101 and 12-4-102.
  7. 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.
    1. The council shall establish a technical advisory committee.
    2. The purpose of the technical advisory committee is as follows:
      1. 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. Establish methodology guidelines for post-audit verification of energy efficiencies achieved, if any, by qualifying capital outlay projects awarded by the council;
      3. 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. Any additional duties required by the council in furtherance of the council's goals.
    3. The technical advisory committee shall be composed of seven (7) members as follows:
      1. 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. The council shall appoint the remaining five (5) members as follows:
        1. 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. 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. One (1) member representing the Tennessee Valley Public Power Association; and
        4. One (1) member shall have obtained a professional engineering certification and be experienced in performance-based energy accountable construction processes.
    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. Non-ex-officio members shall be entitled to receive compensation determined by the council as provided in this chapter.

Acts 2008, ch. 1188, § 4; 2012, ch. 744, §§ 2, 3; 2012, ch. 800, § 49; 2018, ch. 835, § 1.

Compiler's Notes. The energy efficient schools council, created by this section, terminates June 30, 2023. See §§ 4-29-112, 4-29-244.

Acts 2008, ch. 1188, § 8 provided that the energy efficient schools council created by this section shall terminate on June 30, 2010. Acts 2010, ch. 1066, § 1 repealed Acts 2008, ch. 1188, § 8, which had been enacted as § 49-17-107.

Acts 2012, ch. 800, § 1 provided that the act, which amended subsection (f), shall be known and cited as the “Tennessee Excellence, Accountability, and Management (T.E.A.M.) Act of 2012.”

Acts 2019, ch. 293, § 3 provided that the energy efficient schools council and the department of education shall appear before the government operations joint evaluation committee on education, health and general welfare no later than September 15, 2019, to update the committee on the council's progress in addressing the findings set forth in the December 2018 performance audit report.

49-17-104. Authority and powers of energy efficient schools council.

  1. 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. An energy audit performed by a qualified professional that is either chosen by the council or approved by the council; or
    2. A cost-benefit analysis that shows that incorporating energy efficient technologies provides a reasonable payback period.
  2. 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.
  3. 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.

Acts 2008, ch. 1188, § 5; 2018, ch. 835, §§ 2, 3.

49-17-105. Annual audit.

  1. 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.
  2. 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.
  3. 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.
  4. 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.

Acts 2008, ch. 1188, § 6.

49-17-106. Energy efficient schools council fund.

  1. 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.
  2. 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.
  3. All costs of administering the energy efficient schools initiative shall be funded from the energy efficient schools council fund as part of the program.

Acts 2008, ch. 1188, § 7.

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.”

Acts 2016, ch. 889, § 2.

Compiler's Notes. Acts 2016, ch. 889, § 13 provided that the state board is authorized to promulgate rules to effectuate the purposes of the act, which enacted this chapter. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

49-18-102. Chapter definitions.

As used in this chapter:

  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. “Charter management organization” or “CMO” means a nonprofit entity that operates multiple charter schools at least one (1) of which is in Tennessee;
  3. “Charter school” means a Tennessee public charter school authorized to operate under chapter 13 of this title;
  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. “Course access program” means the program created by this chapter;
  6. “Course provider” or “provider” means a nonprofit entity, LEA, charter school or charter management organization, institution of higher education, or state agency, that has been approved by the state board to offer individual courses in person or online and that has been included in the listing of providers in the course access catalog;
  7. “Department” means the department of education;
  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. “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;
  10. “Home LEA” means the LEA or the charter school in which the student is enrolled full-time;
  11. “Host LEA” means an LEA or a charter school offering course access program courses through an approved course provider to eligible students;
  12. “Participating student” means any eligible student enrolled in a course access program course through a host LEA;
  13. “State board” means the state board of education; and
  14. “Virtual learning course” means a course in which a significant portion of instruction is delivered to students through the effective use of technology.

Acts 2016, ch. 889, § 3; 2018, ch. 784, §§ 1-5.

Compiler's Notes. Acts 2016, ch. 889, § 13 provided that the state board is authorized to promulgate rules to effectuate the purposes of the act, which enacted this chapter. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2018, ch. 784, § 22 provided that the state board of education is authorized to promulgate rules or to adopt policies to effectuate the purpose of this act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

49-18-103. Enrollment in course access program courses.

  1. Beginning in the 2018-2019 school year, an eligible student may enroll in course access program courses.
    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. 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.
  2. 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. The student shall pay the host LEA any tuition and fees required for all additional courses; and
    2. The home LEA shall award credit to the student upon successful completion of the additional courses.
    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. The governing body of a home LEA shall develop a policy for hearing appeals from denials of course enrollments.
      1. 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. 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.
  3. 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. The state board may approve and adopt additional enrollment requirements.

Acts 2016, ch. 889, § 4; 2018, ch. 784, § 6; 2019, ch. 146, §§ 1, 2.

Compiler's Notes. Acts 2016, ch. 889, § 13 provided that the state board is authorized to promulgate rules to effectuate the purposes of the act, which enacted this chapter. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2018, ch. 784, § 22 provided that the state board of education is authorized to promulgate rules or to adopt policies to effectuate the purpose of this act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

49-18-104. Approval process for course providers.

  1. 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.
  2. The department shall post all approval guidelines and procedures and all approved providers on its website.
  3. 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.
  4. 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.

Acts 2016, ch. 889, § 5; 2018, ch. 784, § 7.

Compiler's Notes. Acts 2016, ch. 889, § 13 provided that the state board is authorized to promulgate rules to effectuate the purposes of the act, which enacted this chapter. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2018, ch. 784, § 22 provided that the state board of education is authorized to promulgate rules or to adopt policies to effectuate the purpose of this act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

49-18-105. Requirements of course providers.

  1. To be approved as a course provider pursuant to this chapter, a provider shall:
    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. 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. 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. Provide an assurance that all online information and resources for online or blended learning courses are fully accessible for students of all abilities, including that:
      1. All courses submitted for approval are reviewed to ensure the courses meet legal accessibility standards;
      2. The provider has created and promulgated an accessibility online learning policy;
      3. The provider has an Americans with Disabilities Act (ADA) Section 504 coordinator, a grievance policy, and annual notifications;
      4. The provider has policies and activities to ensure its organizational and course websites meet accessibility requirements; and
      5. 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. Demonstrate financial viability;
    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. Comply with applicable virtual learning requirements established in chapter 16 of this title, if offering virtual learning courses;
    8. Comply with class size requirements established in § 49-1-104 and instructional and planning time requirements established by the state board; and
    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.
  2. 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.

Acts 2016, ch. 889, § 6; 2018, ch. 784, § 8.

Compiler's Notes. Acts 2016, ch. 889, § 13 provided that the state board is authorized to promulgate rules to effectuate the purposes of the act, which enacted this chapter. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2018, ch. 784, § 22 provided that the state board of education is authorized to promulgate rules or to adopt policies to effectuate the purpose of this act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

49-18-106. Course review and approval process.

  1. The department shall establish guidelines for the design and implementation of course access program courses.
  2. Host LEAs seeking to offer a course access program course shall establish a local course review and approval process.
  3. Host LEAs shall ensure each course approved:
    1. Is offered by an approved course provider included in the listing of providers in the course access catalog;
    2. Meets the instructional and academic rigor of a course that is provided in a traditional classroom setting;
    3. Is aligned to the applicable state academic standards of the state board;
    4. Is designed and implemented consistently with guidelines established by the department; and
    5. Is taught by a teacher who is properly licensed and endorsed in accordance with the rules of the state board.
  4. 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.
  5. 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.
    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. Submits evidence to the state board that:
        1. The course is no longer adequately aligned with the approved state academic standards;
        2. The course fails to meet the minimum requirements of the state board; or
        3. The course no longer complies with the requirements of subdivisions (c)(1)-(5); and
      2. Requests, in writing, that the state board exclude the course.
    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. 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. The state board may establish additional reasons and requirements for the exclusion of courses from the course access catalog.

Acts 2016, ch. 889, § 7; 2018, ch. 784, § 9.

Compiler's Notes. Acts 2016, ch. 889, § 13 provided that the state board is authorized to promulgate rules to effectuate the purposes of the act, which enacted this chapter. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2018, ch. 784, § 22 provided that the state board of education is authorized to promulgate rules or to adopt policies to effectuate the purpose of this act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

49-18-107. Reports.

  1. Approved providers shall annually report to the department, in the manner directed by the department, the following information:
    1. Detailed student records of enrollment;
    2. Student performance, course completion rates, and course grading information for each subject area and grade level; and
    3. Additional information the department deems necessary.
  2. 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.

Acts 2016, ch. 889, § 8; 2018, ch. 784, § 10.

Compiler's Notes. Acts 2016, ch. 889, § 13 provided that the state board is authorized to promulgate rules to effectuate the purposes of the act, which enacted this chapter. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2018, ch. 784, § 22 provided that the state board of education is authorized to promulgate rules or to adopt policies to effectuate the purpose of this act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

49-18-108. [Repealed.]

Acts 2016, ch. 889, § 9; repealed by Acts 2018, ch. 784, § 11, effective April 20, 2018.

Compiler's Notes. Former § 49-18-108 concerned reciprocity agreement between LEAs.

49-18-109. Link to course access catalog on department’s website — Report.

  1. The department shall publish a link to the course access catalog in a prominent location on the department's website that includes:
    1. A list of approved course providers;
    2. A list of courses offered by approved providers available through the course access program;
    3. A detailed description of the courses; and
    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).
  2. The department shall make publicly available each year the following information concerning the course access program:
    1. The number of students participating in the course access program and the total number of courses in which students are enrolled;
    2. The number of approved course providers;
    3. The number of approved courses and the number of students enrolled in each course;
    4. The number of courses available by subject and grade level;
    5. The number of students enrolled in courses by subject and grade level; and
    6. Student outcome data, including course completion rates and other approved measures.

Acts 2016, ch. 889, § 10; 2018, ch. 784, §§ 12-15.

Compiler's Notes. Acts 2016, ch. 889, § 13 provided that the state board is authorized to promulgate rules to effectuate the purposes of the act, which enacted this chapter. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2018, ch. 784, § 22 provided that the state board of education is authorized to promulgate rules or to adopt policies to effectuate the purpose of this act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Cross-References. Confidentiality of public records, § 10-7-504.

49-18-110. Notice given by home LEA — Credits — Rules and regulations.

  1. Home LEAs shall:
    1. Provide written notice to students and parents on the availability of courses and the timeline for students to enroll; and
    2. Publish information and eligibility guidelines on the home LEA's website.
  2. 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.
  3. 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.

Acts 2016, ch. 889, § 11; 2018, ch. 784, §§ 16-20.

Compiler's Notes. Acts 2016, ch. 889, § 13 provided that the state board is authorized to promulgate rules to effectuate the purposes of the act, which enacted this chapter. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2018, ch. 784, § 22 provided that the state board of education is authorized to promulgate rules or to adopt policies to effectuate the purpose of this act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

49-18-111. [Repealed.]

Acts 2016, ch. 889, § 12; repealed by Acts 2018, ch. 784, § 21, effective April 20, 2018.

Compiler's Notes. Former § 49-18-111 concerned tuition applicable to courses taken through an approved course provider.

Chapters 19-49
[Reserved]

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.

Acts 1929, ch. 81, § 1; mod. Code 1932, § 2541; T.C.A. (orig. ed.), § 49-3401.

Cross-References. Vocational and industrial extension department, § 49-9-301.

Textbooks. Tennessee Jurisprudence, 1 Tenn. Juris., Agriculture, § 3.

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. Practical demonstration instruction in agriculture and home economics;
  2. Conducting 4-H boys' and girls' clubs for teaching farm and home practices;
  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. Developing improved methods of marketing farm products; and
  5. In general, improving rural life, with the object of making farming more prosperous and farm life more desirable and attractive.

Acts 1929, ch. 81, § 2; mod. Code 1932, § 2542; modified; T.C.A. (orig. ed.), § 49-3402.

Cross-References. Cooperative marketing associations, furnishing survey of marketing conditions to, § 43-16-106.

49-50-103. Funding.

  1. 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.
  2. 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.
  3. 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.
  4. 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.

Acts 1929, ch. 81, §§ 3, 6, 7; mod. Code 1932, §§ 2543, 2546, 2547; impl. am. Acts 1937, ch. 33, §§ 24, 29; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 93, § 3; modified; T.C.A. (orig. ed.), §§ 49-3403 — 49-3405.

Cross-References. Reporting requirement satisfied by notice to general assembly members of publication of report, § 3-1-114.

Law Reviews.

Selected Tennessee Legislation of 1983 (N. L. Resener, J. A. Whitson, K. J. Miller), 50 Tenn. L. Rev. 785 (1983).

49-50-104. County agricultural extension committee.

  1. 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.
  2. 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.
  3. 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.
  4. The functions of the committee shall be to:
    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. 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. Act in an advisory capacity on county extension program formulation; and
    4. Act in an advisory capacity on activities performed in connection with carrying out the program.
  5. 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.

Acts 1929, ch. 81, § 5; mod. Code 1932, § 2545; Acts 1955, ch. 212, § 1; T.C.A. (orig. ed.), § 49-3406; Acts 2004, ch. 517, § 10.

Compiler's Notes. Acts 2004, ch. 517, § 15 provided that the University of Tennessee extension service shall spend no funds beyond those currently budgeted to accelerate the replacement of signs, letterhead, and business cards on account of the provisions of the act.

49-50-105. Intercounty cooperation.

  1. 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).
  2. 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.

Acts 1929, ch. 81, § 4; mod. Code 1932, § 2544; T.C.A. (orig. ed.), § 49-3407; Acts 2003, ch. 90, §  2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

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.

Acts 1929, ch. 81, § 7a; Code 1932, § 2548; T.C.A. (orig. ed.), § 49-3408; Acts 1989, ch. 591, § 113.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

49-50-107. Agricultural financial and family counseling.

    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. 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. 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.
    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. 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. In the development of the programs, the University of Tennessee is requested to consult with agricultural organizations.
    4. The University of Tennessee shall designate a coordinator of the financial and family counseling program to implement and manage the program.

Acts 1986, ch. 848, §§ 2, 3; 2004, ch. 517, § 11.

Compiler's Notes. Acts 2004, ch. 517, § 15 provided that the University of Tennessee extension service shall spend no funds beyond those currently budgeted to accelerate the replacement of signs, letterhead, and business cards on account of the provisions of the act.

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.

Acts 1986, ch. 864, § 2; 2004, ch. 517, § 12.

Compiler's Notes. Acts 2004, ch. 517, § 15 provided that the University of Tennessee extension service shall spend no funds beyond those currently budgeted to accelerate the replacement of signs, letterhead, and business cards on account of the provisions of the act.

Cross-References. Longevity pay for University of Tennessee agricultural extension services employees holding joint appointments, § 8-23-206.

Part 2
Community Education Programs

49-50-201. General provisions.

  1. 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. The use of public school facilities by governmental, charitable or civic organizations for activities within the community;
    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. Increased communications between the staff and faculty of the public schools, other community institutions and agencies and citizens in the community.
  2. 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.
  3. Every local board of education may:
    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. 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. 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.

Acts 1978, ch. 780, §§ 1, 2; T.C.A., §§ 49-2401, 49-2402.

Part 3
Educational Broadcasting [Repealed]

49-50-301. [Repealed.]

Acts 1963, ch. 168, §§ 1–7, 9; 1969, ch. 6, §§ 1, 2; T.C.A., §§ 49-3801 — 49-3808;Acts 1963, ch. 168, §§ 1, 7, 9; 1969, ch. 6, §§ 1, 2; T.C.A., §§ 49-3801, 49-3807, 49-3808; Acts 1963, ch. 168, § 2; 1969, ch. 6, § 1; T.C.A., § 49-3802; Acts 1963, ch. 168, § 4; 1969, ch. 6, § 1; T.C.A., § 49-3804; Acts 1963, ch. 168, § 5; 1969, ch. 6, § 1; T.C.A., § 49-3805; Acts 1963, ch. 168, § 6; 1969, ch. 6, § 1; T.C.A., § 49-3806; Acts 1963, ch. 168, § 7; 1969, ch. 6, § 2; T.C.A., § 49-3807; repealed by Acts 2019, ch. 248, § 75, effective May 2, 2019.

49-50-302. [Repealed.]

Acts 1963, ch. 168, § 2; 1969, ch. 6, § 1; T.C.A., § 49-3802; repealed by Acts 2019, ch. 248, § 75, effective May 2, 2019.

Compiler's Notes. Former § 49-50-302 concerned state board of education to operate network.

49-50-303. [Repealed.]

Compiler's Notes. Former § 49-50-303 (Acts 1963, ch. 168, § 3; 1969, ch. 6, § 1; T.C.A., § 49-3803), concerning educational television advisory committees, was repealed by Acts 1989, ch. 2, § 2(b).

49-50-304. [Repealed.]

Acts 1963, ch. 168, § 4; 1969, ch. 6, § 1; T.C.A., § 49-3804; repealed by Acts 2019, ch. 248, § 75, effective May 2, 2019.

Compiler's Notes. Former § 49-50-304 concerned contracts.

49-50-305. [Repealed.]

Acts 1963, ch. 168, § 5; 1969, ch. 6, § 1; T.C.A., § 49-3805; repealed by Acts 2019, ch. 248, § 75, effective May 2, 2019.

Compiler's Notes. Former § 49-50-305 concerned research.

49-50-306. [Repealed.]

Acts 1963, ch. 168, § 6; 1969, ch. 6, § 1; T.C.A., § 49-3806; repealed by Acts 2019, ch. 248, § 75, effective May 2, 2019.

Compiler's Notes. Former § 49-50-306 concerned procurement of funds and facilities.

49-50-307. [Repealed.]

Acts 1963, ch. 168, § 7; 1969, ch. 6, § 2; T.C.A., § 49-3807; repealed by Acts 2019, ch. 248, § 75, effective May 2, 2019.

Compiler's Notes. Former § 49-50-307 concerned expenditures.

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.

Acts 1953, ch. 70, § 36 (Williams, § 2417.211); Acts 1955, ch. 136, § 38; T.C.A. (orig. ed.), § 49-811.

Part 5
Laboratory Safety

49-50-501. Eye protection for students and teachers.

  1. 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. Career and technical education courses or laboratories using or concerned with:
      1. Hot molten metals;
      2. Milling, sawing, turning, shaping, cutting, grinding or stamping of any solid materials;
      3. Heat treatment, tempering or kiln firing of any metal or other materials;
      4. Gas or electric arc welding;
      5. Repair or servicing of any vehicle; or
      6. Caustic or explosive materials; and
    2. Chemical or combined chemical-physical laboratories using caustic or explosive chemicals or hot liquids or solids.
  2. 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.

Acts 1967, ch. 194, §§ 1, 2; T.C.A., §§ 49-4401, 49-4402; Acts 2015, ch. 55, § 17.

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.

Acts 1972, ch. 706, § 1; T.C.A., § 49-4701.

49-50-602. Participating students and schools.

  1. 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.
    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. 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.
  2. Each college or university desiring to participate shall appoint one (1) member of its faculty to function as its official representative to the program.
  3. 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.

Acts 1972, ch. 706, § 2; T.C.A., § 49-4702.

49-50-603. Sponsoring committee.

  1. There is established a legislative intern committee and an academic intern committee to be known collectively as the sponsoring committee.
  2. The legislative intern committee will consist of the following members:
    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. 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. The director of legislative services, or the director's designee, who shall be the program administrator.
  3. 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.
  4. 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.
  5. 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.

Acts 1972, ch. 706, §§ 3, 6, 7; 1973, ch. 147, § 1; 1974, ch. 569, § 1; 1976, ch. 465, § 1; 1977, ch. 89, § 26; T.C.A., §§ 49-4703, 49-4706, 49-4707; Acts 1987, ch. 323, § 1.

Compiler's Notes. The office of legislative services, referred to in this section, was repealed by Acts 2010, ch. 1077, § 1, effective June 21, 2010.

49-50-604. Recruitment, selection and appointment of interns.

  1. 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. 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. The official representative shall forward appropriate applications to the academic intern committee for their consideration; and
    3. Applicants tentatively accepted by the academic intern committee will appear before the committee for an interview and final approval.
  2. 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.
  3. 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.
  4. 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.
  5. Student interns shall be appointed for each regular legislative session, for terms that the sponsoring committee may determine.

Acts 1972, ch. 706, § 5; 1973, ch. 147, § 4; 1974, ch. 569, § 2; T.C.A., §§ 49-4704, 49-4705.

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. Maintain appropriate committee records;
  2. Maintain a file pertinent to each legislative staff intern during the period of internship;
  3. Coordinate the specific work assignment of legislative staff interns; and
  4. Coordinate the individual academic requirements of legislative interns with the chair of the academic intern committee.

Acts 1972, ch. 706, § 8; 1973, ch. 147, § 5; modified; T.C.A., § 49-4708(1).

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.

Acts 1972, ch. 706, § 8; 1973, ch. 147, § 5; modified; T.C.A., § 49-4708(2).

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.

Acts 1972, ch. 706, § 8; 1973, ch. 147, § 5; modified; T.C.A., § 49-4708(3).

Part 7
Literary and Scientific Institutions

49-50-701. Watkins Institute.

  1. 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.
  2. 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).
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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.

Acts 1881, ch. 49, preamble, § 1; T.C.A. (orig. ed.), §§ 49-40-101 49-40-108; Acts 1989, ch. 289, §§ 3, 4; 1998, ch. 705, § 1.

Compiler's Notes. For the Preamble to the act concerning the Watkins School of Art and Design no longer being subject to the governmental entity review law, please refer to Acts 2010, ch. 700.

Acts 2010, ch. 700, § 2 provided that the general assembly reserves the right to review the Watkins Institute commission in a limited review audit, as provided in § 4-29-119.

Part 8
Private Schools

49-50-801. Church-related schools.

  1. 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.
  2. 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.
  3. 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.
  4. Church-related schools shall be conducted for the same length of term as public schools.
    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. 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.

Acts 1976, ch. 596, §§ 1-4; T.C.A., §§ 49-5201 — 49-5204; Acts 1987, ch. 42, § 6; 1992, ch. 972, § 1; 1996, ch. 595, § 1; 2016, ch. 578, § 1; 2019, ch. 456, §§ 1, 2.

Cross-References. Church-related schools exempted from home school provisions, § 49-6-3050.

Non-public school defined, § 49-6-3001.

Law Reviews.

Satisfying the State Interest in Education with Private Schools, 49 Tenn. L. Rev. 955 (1982).

Attorney General Opinions. Requiring home school students to take TCAP and other examinations.  OAG 11-44, 2011 Tenn. AG LEXIS 46 (5/17/11).

49-50-802. Information about meningococcal disease and influenza and the effectiveness of vaccination.

  1. 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.
  2. 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).

Acts 2005, ch. 177, § 3; 2017, ch. 22, § 2.

Cross-References. Compliance, § 49-13-111.

Information about meningococcal disease and the effectiveness of vaccination, § 49-6-5005.

Public school nurse program, duties of executive director, § 68-1-1202.

49-50-803. Handgun carry policy.

    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. Any handgun carry policy adopted by the board or governing entity, or the chief administrative officer when appropriate, may:
      1. Prohibit the carrying or possession of a handgun on the property of, or in a building located at, the private school;
      2. 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. 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.
  1. 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. No person who is otherwise prohibited from possessing a handgun is permitted to carry a handgun on private school property;
    2. The person must have a valid Tennessee handgun carry permit, pursuant to § 39-17-1351; and
    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).
    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. The policy shall go into effect thirty (30) days after it is adopted and disseminated as provided in this subsection (c).
  2. 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.
  3. 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.

Acts 2016, ch. 698, § 1.

49-50-804. Placement of automated external defibrillator (AED) devices in private schools.

  1. 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. 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. Section 49-2-122(e) shall apply to private schools that place an AED in the school.

Acts 2018, ch. 1028, § 3.

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.”

Acts 1984, ch. 514, § 1.

Compiler's Notes. Former §§ 49-50-90149-50-908 (Acts 1981, ch. 171, §§ 2-9, 12; 1982, ch. 681, § 1; T.C.A., §§ 49-3851 — 49-3859), concerning public television networks, were repealed by Acts 1984, ch. 514, § 13. Former § 49-50-909 was transferred in 1984 to § 49-50-912.

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.

Acts 1984, ch. 514, § 2.

Compiler's Notes. Former §§ 49-50-90149-50-908 (Acts 1981, ch. 171, §§ 2-9, 12; 1982, ch. 681, § 1; T.C.A., §§ 49-3851 — 49-3859), concerning public television networks, were repealed by Acts 1984, ch. 514, § 13. Former § 49-50-909 was transferred in 1984 to § 49-50-912.

49-50-903. Stations eligible to receive grants — State contracts for special services.

  1. 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. WSJK, Sneedville;
    2. WTCI, Chattanooga;
    3. WCTE, Cookeville;
    4. WLJT, Lexington/Jackson;
    5. WKNO, Memphis;
    6. WDCN, Nashville; and
    7. WKOP, Knoxville.
  2. No station not listed in this section shall be eligible for grants or financial support from the state.
  3. 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.

Acts 1984, ch. 514, § 3; 1990, ch. 1005, §§ 1, 2.

Compiler's Notes. Former §§ 49-50-90149-50-908 (Acts 1981, ch. 171, §§ 2-9, 12; 1982, ch. 681, § 1; T.C.A., §§ 49-3851 — 49-3859), concerning public television networks, were repealed by Acts 1984, ch. 514, § 13. Former § 49-50-909 was transferred in 1984 to § 49-50-912.

Acts 1990, ch. 1005, § 3 provided that the provisions of ch. 1005 shall not be construed to be an appropriation of funds and no funds shall be obligated or expended pursuant to ch. 1005 unless such funds are specifically appropriated by the general appropriations act.

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.

Acts 1984, ch. 514, § 4.

Compiler's Notes. Former §§ 49-50-90149-50-908 (Acts 1981, ch. 171, §§ 2-9, 12; 1982, ch. 681, § 1; T.C.A., §§ 49-3851 — 49-3859), concerning public television networks, were repealed by Acts 1984, ch. 514, § 13. Former § 49-50-909 was transferred in 1984 to § 49-50-912.

49-50-905. Tennessee public television council.

  1. There is created the Tennessee public television council.
  2. 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.
  3. 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.
  4. Beginning on July 1, 1987, the council shall have responsibility for:
    1. Coordinating and facilitating cooperation between Tennessee public television stations;
    2. Acting as liaison between the stations and the legislative and executive branches of government; and
    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.

Acts 1984, ch. 514, § 5; 1991, ch. 144, §§ 1, 2; 2019, ch. 212, § 3.

Compiler's Notes. The  Tennessee public television council, created by this section, terminates June 30, 2025. See §§ 4-29-112, 4-29-246.

Former §§ 49-50-90149-50-908 (Acts 1981, ch. 171, §§ 2-9, 12; 1982, ch. 681, § 1; T.C.A., §§ 49-3851 — 49-3859), concerning public television networks, were repealed by Acts 1984, ch. 514, § 13. Former § 49-50-909 was transferred in 1984 to § 49-50-912.

49-50-906. Implementation of part.

  1. 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.
  2. 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.
  3. The state board shall also take appropriate steps to:
    1. Explore alternatives and undertake negotiations to effectuate this part;
    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. Encourage and assist in the creation and development of the Tennessee public television council;
    4. Explore alternative methods and undertake action to assist public television stations in the development of their fund-raising capabilities; and
    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.

Acts 1984, ch. 514, § 6.

Code Commission Notes.

Former subdivision (c)(5)(B), concerning temporary funding formulas, was deleted as obsolete by the code commission in 2009.

Compiler's Notes. Former §§ 49-50-90149-50-908 (Acts 1981, ch. 171, §§ 2-9, 12; 1982, ch. 681, § 1; T.C.A., §§ 49-3851 — 49-3859), concerning public television networks, were repealed by Acts 1984, ch. 514, § 13. Former § 49-50-909 was transferred in 1984 to § 49-50-912.

49-50-907. [Reserved.]

  1. 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.
  2. 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.

Acts 1984, ch. 514, § 8.

Compiler's Notes. Former §§ 49-50-90149-50-908 (Acts 1981, ch. 171, §§ 2-9, 12; 1982, ch. 681, § 1; T.C.A., §§ 49-3851 — 49-3859), concerning public television networks, were repealed by Acts 1984, ch. 514, § 13. Former § 49-50-909 was transferred in 1984 to § 49-50-912.

49-50-909. Funding.

  1. Appropriations in the amounts to be determined annually by the general assembly are authorized for the purposes of carrying out this part.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.

Acts 1984, ch. 514, § 9.

Compiler's Notes. Former §§ 49-50-90149-50-908 (Acts 1981, ch. 171, §§ 2-9, 12; 1982, ch. 681, § 1; T.C.A., §§ 49-3851 — 49-3859), concerning public television networks, were repealed by Acts 1984, ch. 514, § 13. Former § 49-50-909 was transferred in 1984 to § 49-50-912.

49-50-910. Records — Audits.

  1. 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.
  2. 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.

Acts 1984, ch. 514, § 10.

49-50-911. Prohibited state influence — Stations extended enumerated freedoms.

  1. 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.
  2. 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.

Acts 1984, ch. 514, § 11.

49-50-912. Transfer of employees' benefits.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.

Acts 1983, ch. 399, § 1; T.C.A., §§ 49-3860, 49-50-909.

Compiler's Notes. This section was transferred in 1984 from former § 49-50-909.

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.

    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. Schools and classes established in wholly state-owned institutions must be financed by the department of education.
  1. 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. 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. Determine the salary and terms of employment for employees of state special schools;
    3. Recommend curricula for state special schools;
    4. Recommend to the state board of education for approval:
      1. Standards and policies for the minimum requirements for admission to, and discharge from, state special schools; and
      2. 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. 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. 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. 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. 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.
  2. For the purposes of this part:
    1. “Commissioner” means the commissioner of education; and
    2. “Department” means the department of education.
  3. 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.

Acts 1925, ch. 115, § 5; 1939, ch. 11, § 34; Shan. Supp., § 1487a25; Code 1932, § 2316; Acts 1933, ch. 142, § 1; 1935, ch. 186, § 1; 1947, ch. 96, § 1; 1947, ch. 113, §§ 1, 2; mod. C. Supp. 1950, §§ 255.56, 2316 (Williams, §§ 371.1, 2316); impl. am. Acts 1951, ch. 180, § 1; modified; impl. am. Acts 1953, ch. 85, § 1; impl. am. Acts 1955, ch. 17, § 1; Acts 1957, ch. 160, § 1; impl. am. Acts 1959, ch. 9, §§ 3, 14; impl. am. Acts 1961, ch. 97, § 3; impl. am. Acts 1965, ch. 30, § 1; Acts 1967, ch. 294, § 1; 1972, ch. 575, § 1; 1972, ch. 838, § 9; 1973, ch. 80, § 1; 1973, ch. 145, § 1; 1978, ch. 932, § 4; T.C.A. (orig. ed.), §§ 4-310, 49-107; Acts 1983, ch. 181, § 12; T.C.A. (orig. ed.), § 49-112(a)(3), (a)(4), (a)(6); Acts 1984 (1st E.S.), ch. 6, § 10; 1986, ch. 854, §§ 1, 2; 1986, ch. 869, § 17; 1996, ch. 1079, § 183; 1999, ch. 367, § 5; 2003, ch. 355, § 28; 2010, ch. 1073, § 1; 2019, ch. 107, § 38.

Compiler's Notes. The Alvin C. York Agricultural Institute at Jamestown was established by Private Acts 1925, ch. 809.

Acts 2003, ch. 355, § 66 provided that no expenditure of public funds pursuant to the act shall be made in violation of the provisions of Title VI of the Civil Rights Act of 1964, as codified in 42 U.S.C. § 2000d.

Attorney General Opinions. The Tennessee Infant Parent Services Program is not a state special school, OAG 07-114, 2007 Tenn. AG LEXIS 114 (7/31/07).

49-50-1002. Budgetary, accounting, and financial reporting procedures — Carryover of funds.

  1. 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.
  2. 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.

Acts 1925, ch. 115, § 5; 1939, ch. 11, § 34; Shan. Supp., § 1487a25; Code 1932, § 2316; Acts 1933, ch. 142, § 1; 1935, ch. 186, § 1; 1947, ch. 96, § 1; 1947, ch. 113, §§ 1, 2; mod. C. Supp. 1950, §§ 255.56, 2316 (Williams, §§ 371.1, 2316); impl. am. Acts 1951, ch. 180, § 1; modified; impl. am. Acts 1953, ch. 85, § 1; impl. am. Acts 1955, ch. 17, § 1; Acts 1957, ch. 160, § 1; impl. am. Acts 1959, ch. 9, §§ 3, 14; impl. am. Acts 1961, ch. 97, § 3; impl. am. Acts 1965, ch. 30, § 1; Acts 1967, ch. 294, § 1; 1972, ch. 575, § 1; 1972, ch. 838, § 9; 1973, ch. 80, § 1; 1973, ch. 145, § 1; 1978, ch. 932, § 4; T.C.A. (orig. ed.), §§ 4-310, 49-107; Acts 1983, ch. 181, § 12; T.C.A. (orig. ed.), § 49-112(b), (c); Acts 2003, ch. 355, § 29; 2019, ch. 107, § 39.

Compiler's Notes. Acts 2003, ch. 355, § 66 provided that no expenditure of public funds pursuant to the act shall be made in violation of the provisions of Title VI of the Civil Rights Act of 1964, as codified in 42 U.S.C. § 2000d.

Attorney General Opinions. Application of provision for carry over of appropriated funds, OAG 97-122, 1997 Tenn. AG LEXIS 155 (9/02/97).

49-50-1003. Allocation of appropriations.

  1. 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.
  2. 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.
  3. The department shall obligate and expend appropriations for the capital improvement of the state special schools.
  4. 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.

Acts 1977, ch. 289, § 17; T.C.A., § 49-621; Acts 2003, ch. 355, § 30; 2019, ch. 107, § 40.

Compiler's Notes. Acts 2003, ch. 355, § 66 provided that no expenditure of public funds pursuant to the act shall be made in violation of the provisions of Title VI of the Civil Rights Act of 1964, as codified in 42 U.S.C. § 2000d.

49-50-1004. Tennessee School for the Blind.

  1. 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.”
  2. The corporation has the right to:
    1. Sue in law or equity;
    2. Receive donations of money from any source for the benefit of the school;
    3. Take and hold property, real and personal, for its use and benefit as a school; and
    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.
  3. The land, buildings, and appurtenances used by the Tennessee School for the Blind are the property of this state.
  4. The commissioner may:
    1. Administer and manage the household and domestic affairs of the school;
    2. Implement policies and guidelines of the state board of education relative to the school; and
    3. Establish a work training program for adults who are blind or visually impaired.
  5. 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.
  6. 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.
  7. Students admitted to the Tennessee School for the Blind who are residents of this state shall not be charged tuition.
  8. The Tennessee School for the Blind is authorized to implement programs and install facilities for career and technical education.

Acts 2019, ch. 107, § 41.

49-50-1005. Tennessee School for the Deaf.

  1. 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.”
  2. Each corporation has the right to:
    1. Sue in law or equity;
    2. Receive donations of money from any source for the benefit of the school;
    3. Take and hold property, real and personal, for its use and benefit as a school; and
    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.
  3. The commissioner may:
    1. Administer and manage the household and domestic affairs of the schools; and
    2. Implement policies and guidelines of the state board of education relative to the schools.
  4. 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.
  5. 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.
  6. 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.
  7. 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.

Acts 2019, ch. 107, § 42.

49-50-1006. Branch schools of school for the deaf.

  1. 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.
  2. There shall also be a branch school of the school for the deaf located in Davidson County.

Acts 2019, ch. 107, § 43.

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.

Acts 2019, ch. 460, § 1.

49-50-1008. Deaf mentor pilot project.

    1. The Tennessee School for the Deaf, together with the West Tennessee School for the Deaf, shall establish a one-year deaf mentor pilot project to assist families and agencies in implementing bilingual and bicultural home-based programming for young children who are deaf, hard of hearing, or deaf-blind.
    2. The pilot project must consist of one (1) program to be implemented at the Tennessee School for the Deaf, Knoxville campus.
    3. The pilot project must focus on:
      1. Preventing language deprivation;
      2. Providing a positive impact on a child's social and emotional development through a deaf role model; and
      3. Ensuring that children who are deaf have equal access to learning opportunities at home and in the community.
    4. The pilot project must use a deaf mentor curriculum.
    5. The pilot project 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, 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.
  1. Deaf mentors shall:
    1. Make regular visits to the homes of young children who are deaf, hard of hearing, or deaf-blind;
    2. Interact with the children using American Sign Language;
    3. Demonstrate to family members how to use American Sign Language; and
    4. Help families understand and appreciate deafness and deaf culture.
  2. The pilot project will begin with the 2019-2020 school year.
  3. At the end of the pilot project, the department of education shall evaluate the pilot project to determine whether the pilot project should be continued or replicated. The department shall report its findings and conclusions to the education committee of the senate and the education committee of the house of representatives by no later than February 1, 2021.

Acts 2019, ch. 500, § 1.

Part 11
Student Transcripts

49-50-1101. Student transcripts — Alterations — Penalties.

    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. 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.
  1. 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.
  2. 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.

Acts 2018, ch. 557, § 1.

Compiler's Notes. Acts 2018, ch. 557, § 2 provided that the act, which enacted this section, shall apply to transcript alterations occurring on or after July 1, 2018.

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.

Acts 1985, ch. 348, § 1.

Cross-References. Labeling of toxic substances in art supplies, title 68, ch. 131, part 3.

49-50-1202. Part definitions.

As used in this part, unless the content otherwise requires:

  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. “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.

Acts 1985, ch. 348, § 2.

49-50-1203. Certification of art supplies as nontoxic — Examination.

  1. 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.
  2. 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.

Acts 1985, ch. 348, § 3; 2008, ch. 862, § 1.

49-50-1204. Lists of art supplies certified nontoxic.

  1. 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.
  2. 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.
  3. 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.

Acts 1985, ch. 348, § 4; 2008, ch. 862, § 2.

Part 13
Tennessee Foreign Language Institute [Repealed]

49-50-1301. [Repealed.]

Acts 1986, ch. 801, § 1; repealed by Acts 2018, ch. 932, § 1, effective July 1, 2018.Acts 1986, ch. 801, §§ 1-8;  1990, ch. 702, §§ 4, 5; 1990, ch. 1014, § 1; 2005, ch. 415, § 1; repealed by Acts 2018, ch. 932, § 1, effective July 1, 2018.

Compiler's Notes. Acts 2018, ch. 932, § 3 provided that on July 1, 2018, all employees of the former Tennessee Foreign Language Institute shall become employees of the University of Tennessee Institute for Public Service and shall be subject to the employment practices and policies of the University of Tennessee. See § 49-9-410.

Acts 2018, ch. 932, § 4 provided that on July 1, 2018, all funds, contracts, grants, and property, real and otherwise, of the former Tennessee Foreign Language Institute shall be transferred to the University of Tennessee Institute for Public Service. See § 49-9-410.

49-50-1302. [Repealed.]

Acts 1986, ch. 801, § 2.

Compiler's Notes. Former § 49-50-1302 concerned purpose.

49-50-1303. [Repealed.]

Acts 1986, ch. 801, § 3.

Compiler's Notes. Former § 49-50-1303 concerned governing board.

49-50-1304. [Repealed.]

Acts 1986, ch. 801, § 4; 2005, ch. 415, § 1.

Compiler's Notes. Former § 49-50-1304 concerned executive director; staff.

49-50-1305. [Repealed.]

Acts 1986, ch. 801, § 5; 1990, ch. 702, §§ 4, 5.

Compiler's Notes. Former § 49-50-1305 concerned endowment fund.

49-50-1306. [Repealed.]

Acts 1986, ch. 801, § 6; 1990, ch. 1014, § 1.

Compiler's Notes. Former § 49-50-1306 concerned location.

49-50-1307. [Repealed.]

Acts 1986, ch. 801, § 7.

Compiler's Notes. Former § 49-50-1307 concerned powers and duties.

49-50-1308. [Repealed.]

Acts 1986, ch. 801, § 8.

Compiler's Notes. Former § 49-50-1308 concerned funding.

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.”

Acts 1989, ch. 444, § 1.

49-50-1402. Purpose.

  1. 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.
  2. 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.

Acts 1989, ch. 444, § 2.

NOTES TO DECISIONS

1. Person.

The term “persons” as used in Tenn. Code Ann. § 49-50-1402(a) does not include the “person” entitled to make a claim under Tenn. Code Ann. § 49-50-1409. Mosley v. Kelly, 65 F. Supp. 2d 725, 1999 U.S. Dist. LEXIS 14533 (E.D. Tenn. 1999).

49-50-1403. Part definitions.

As used in this part, unless the context otherwise requires:

  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. “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. “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.

Acts 1989, ch. 444, § 3.

Attorney General Opinions. Neither the Tennessee Risk Management Trust nor its employees are “persons” as defined by T.C.A.§ 49-50-1403(3), OAG 06-066, 2006 Tenn. AG LEXIS 75 (4/11/06).

NOTES TO DECISIONS

1. Disciplinary Action.

Actions fell within the definition of “disciplinary action” where teacher received a below standard performance evaluation, supervisors recommended no progress to the next step on the teacher's career ladder and the contract was not renewed for the following year. Mosley v. Kelly, 65 F. Supp. 2d 725, 1999 U.S. Dist. LEXIS 14533 (E.D. Tenn. 1999).

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.

Acts 1989, ch. 444, § 4.

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.

Acts 1989, ch. 444, § 5.

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.

Acts 1989, ch. 444, § 6.

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.

Acts 1989, ch. 444, § 7.

49-50-1408. Reports of alleged falsification, waste or mismanagement.

  1. 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.
  2. 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.
  3. 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.

Acts 1989, ch. 444, § 8.

Cross-References. Confidentiality of public records, § 10-7-504.

49-50-1409. Civil action against party causing disciplinary action against reporting person.

  1. 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.
  2. 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.

Acts 1989, ch. 444, § 9.

Cross-References. Discharge for refusal to engage in or remain silent about illegal activities, or for use of legal agricultural product, § 50-1-304.

NOTES TO DECISIONS

1. Construction.

When the full statutory scheme is viewed in light of the purposes listed in T.C.A. § 49-50-1402, it is clear that the former phrase “reporting under the provisions of this part [title 49, ch. 50, part 14]” in T.C.A. § 49-50-1409(b) means to report under the provisions of T.C.A. § 49-50-1408. Mosley v. Kelly, 65 F. Supp. 2d 725, 1999 U.S. Dist. LEXIS 14533 (E.D. Tenn. 1999).

2. Person.

The “person” entitled to a cause of action under T.C.A. § 49-50-1409 is not within the class of “persons” referred to in T.C.A. § 49-50-1402(a). Mosley v. Kelly, 65 F. Supp. 2d 725, 1999 U.S. Dist. LEXIS 14533 (E.D. Tenn. 1999).

3. Cause of Action.

T.C.A. § 49-50-1409 creates a cause of action for persons who suffer a disciplinary action because they reported on another person who was creating or causing to be created false reports, not for retaliation against a claimant for reporting incidents involving student weapon possession. Mosley v. Kelly, 65 F. Supp. 2d 725, 1999 U.S. Dist. LEXIS 14533 (E.D. Tenn. 1999).

T.C.A. § 49-50-1409 does not create a cause of action to protect persons who report on matters outside the purposes of title 49, ch. 50, part 14, namely, on matters other than falsification of records or the waste or mismanagement of public education funds. Mosley v. Kelly, 65 F. Supp. 2d 725, 1999 U.S. Dist. LEXIS 14533 (E.D. Tenn. 1999).

49-50-1410. Collective bargaining agreements and other statutes.

  1. 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.
  2. 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.

Acts 1989, ch. 444, § 10.

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.

Acts 1989, ch. 444, § 11.

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.”

Acts 2002, ch. 621, § 2.

49-50-1502. Part definitions.

As used in this part, unless the context otherwise requires:

  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. “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. “Eligible student” means a student who has reached eighteen (18) years of age or is attending a postsecondary institution;
  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. “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.

Acts 2002, ch. 621, § 3; 2003, ch. 36, § 1.

49-50-1503. Subpoena duces tecum service and filing.

  1. 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.
  2. 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.

Acts 2002, ch. 621, § 4; 2003, ch. 36, § 2.

Cross-References. Certified mail in lieu of registered mail, § 1-3-111.

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. If the subpoena directs attendance in court, to the clerk of the court or to the judge of the court;
  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. In other cases, to the officer, body or tribunal conducting the hearing, at a like address.

Acts 2002, ch. 621, § 5; 2003, ch. 36, § 3.

49-50-1505. Unsealing subpoenaed records — Duties of custodian and issuing attorney.

    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. 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. The eligible student or parent has had sufficient time in which to move to quash the subpoena; and
        3. No motion to quash the subpoena is pending; and
        1. 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. 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. The records have been subpoenaed in a criminal proceeding.
    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.
    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. 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. Directs the custodian's attendance at a deposition.
    2. Before opening the sealed records, the attorney responsible for the issuance of the subpoena shall ascertain that:
      1. 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. Each eligible student or parent has had sufficient time in which to move to quash the subpoena; and
      3. No motion to quash the subpoena is pending.
    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.

Acts 2002, ch. 621, § 6; 2003, ch. 36, § 4.

Cross-References. Confidentiality of public records, § 10-7-504.

49-50-1506. Custodian affidavit — Costs.

  1. The records shall be accompanied by an affidavit of a custodian stating in substance:
    1. That the affiant is the duly authorized custodian of the records and has authority to certify the records;
    2. That the copy is a true copy of all the records described in the subpoena;
    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. Certifying the amount of the reasonable charges of the educational institution for furnishing the copies of the record.
  2. 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.
  3. 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.

Acts 2002, ch. 621, § 7; 2003, ch. 36, § 5.

49-50-1507. Evidentiary value of record copies and affidavits.

  1. 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.
    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. When more than one (1) person has knowledge of the facts, more than one (1) affidavit may be made.

Acts 2002, ch. 621, § 8.

49-50-1508. Requiring personal attendance of custodian — Costs.

  1. 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.”
  2. 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.”
  3. 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.

Acts 2002, ch. 621, § 9.

49-50-1509. Substitution and preparation of record copies.

  1. 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.
  2. 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.
  3. 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.

Acts 2002, ch. 621, § 10; 2003, ch. 36, § 6.

Part 16
Self-Administration of Prescribed Medications and Other Treatments

49-50-1601. Self-administration of pancreatic enzymes.

  1. As used in this section:
    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. “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. “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.
  2. 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.
  3. 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.
    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. The IHP shall be child-specific and shall address or include:
      1. A written format for nursing assessment that includes health status, risks, concerns, and strengths;
      2. Nursing diagnoses;
      3. Interventions;
      4. Delegation;
      5. Training;
      6. Expected outcomes; and
      7. Goals to:
        1. Meet the healthcare needs of a student with pancreatic insufficiency or cystic fibrosis; and
        2. Protect the safety of all students from the misuse or abuse of medication.
  4. 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.

Acts 2015, ch. 321, § 1.

Compiler's Notes. Acts 2015, ch. 321, § 1 instructed that this part be enacted as a new chapter to title 49; the language has instead been codified as a new part 16 of title 49, chapter 50 by authority of the Code Commission.

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.

  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 an employee or a person under contract to the board to assist in self-administration of medications, under the following conditions:
      1. The student must be competent to self-administer nonprescription or prescription medication with assistance;
      2. The student's condition, for which the medication is authorized or prescribed, must be stable;
      3. The self-administration of the medication must be properly documented;
      4. 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. 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. Assistance with self-administration shall primarily include storage and timely distribution of medication;
    1. 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;
    2. 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;
    3. 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.
  2. 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.
  3. Notwithstanding any provision of this title or any other law or rule to the contrary:
    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. Provides to the school written authorization for student possession and self-administration of the inhaler; and
      2. 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. The name and purpose of the medication;
        2. The prescribed dosage;
        3. 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. The length of time for which the inhaler is prescribed;
    2. The statements required in subdivision (c)(1) shall be kept on file in the office of the school nurse or school administrator;
    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. 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. 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.
    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. 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. 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. Assistance in the care of students with diabetes must be documented in accordance with this subsection (d); and
      4. 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. The guidelines for assistance with the care of students with diabetes must include the following:
      1. Guidelines for recognition, management and treatment of hypoglycemia and hyperglycemia;
      2. 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. Guidelines for performing blood glucose monitoring, ketone checking and recording the results and also for performing insulin and glucagon administration.
    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. 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. 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. Any school RN who provides the training;
      2. Any person who is trained and whose competency is indicated in the person's personnel file as required in subdivision (d)(3); and
      3. 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. 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. 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. 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. 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.
    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. The prescription anaphylaxis medication has been prescribed for that student as indicated by the prescription label on the medication;
      2. 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. A parent of the student provides to the school:
        1. 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. 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. A written statement from the student's physician or other licensed health care provider, signed by the physician or provider, that:
          1. Supports a diagnosis of anaphylaxis;
          2. Identifies any food or other substances to which the student is allergic;
          3. Describes any prior history of anaphylaxis, if appropriate;
          4. Lists any medication prescribed for the child for the treatment of anaphylaxis;
          5. Details emergency treatment procedures in the event of a reaction;
          6. Lists the signs and symptoms of a reaction;
          7. Assesses the student's readiness for self-administration of prescription medication; and
          8. Provides a list of substitute meals that may be offered by school food service personnel.
    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. If a student uses the medication in a manner other than prescribed, the student may be subject to disciplinary action under the school codes.
    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. 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. Procedures for responding to life-threatening allergic reactions to food;
      3. Procedures for the maintenance of a file by the school nurse or principal for each student at risk for anaphylaxis;
      4. Development of communication strategies between individual schools and local providers of emergency medical services, including appropriate instructions for emergency medical response;
      5. Development of strategies to reduce the risk of exposure to anaphylactic causative agents in classrooms and common school areas such as the cafeteria;
      6. Procedures for the dissemination of information on life threatening food allergies to school staff, parents and students, if appropriate by law;
      7. Procedures for authorizing school personnel to administer epinephrine when the school nurse is not immediately available;
      8. Procedures for the timely accessibility of epinephrine by school personnel when the nurse is not immediately available;
      9. 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. 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. Collection and publication of data for each administration of epinephrine to a student at risk for anaphylaxis.
    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.
      1. 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. 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. 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. 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. 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. 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.
    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. A nurse employed or contracted by the LEA shall be responsible for updating and maintaining each IHP.
    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. 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. 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. 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. 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. 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. The school with a written authorization to administer the medication at school;
      2. 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. 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. 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. 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. 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.

Acts 1996, ch. 979, §§ 1, 2; 2002, ch. 808, § 1; 2004, ch. 493, § 1; 2004, ch. 734, § 1; 2005, ch. 219, § 1; 2006, ch. 542, § 1; 2006, ch. 933, §§ 2, 3; 2008, ch. 1054, § 1; 2013, ch. 294, § 1; 2014, ch. 614, §§ 1-5; T.C.A. §  49-5-415.

Compiler's Notes. This section was transferred from §  49-5-415 by authority of the Code Commission in 2015.

Acts 2006, ch. 933, § 1 provided that the act shall be known and may be cited as “Brentson’s Law.”

For the Preamble to the act concerning diabetes as a chronic disease, please refer to Acts 2014, ch. 614.

Attorney General Opinions. Licensed health care professionals to perform health care procedures, OAG 96-111, 1996 Tenn. AG LEXIS 136 (8/30/96).

Licensed health care professionals to perform health care procedures, OAG 96-112, 1996 Tenn. AG LEXIS 137 (8/30/96).

49-50-1603. Administration of medicine that treats adrenal insufficiency.

  1. As used in this section, unless the context requires otherwise:
    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. “Adrenal insufficiency” means a hormonal disorder that occurs when the adrenal glands do not produce enough adrenal hormones;
    3. “Nurse practitioner” means a nurse practitioner licensed under title 63, chapter 7; and
    4. “Physician” means a physician licensed under title 63, chapter 6 or 9.
    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. Rules adopted under this subsection (b) must:
      1. Include guidelines on the designation and training of school personnel who will be responsible for administering medication; and
      2. 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.
    1. Each LEA board shall adopt policies and procedures that provide for the administration of medications that treat adrenal insufficiency.
    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.
  2. 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. General information about adrenal insufficiency and the dangers associated with adrenal insufficiency;
    2. Recognition of the symptoms of a person who is experiencing an adrenal crisis;
    3. The types of medications that are available for treating adrenal insufficiency; and
    4. Proper administration of medications that treat adrenal insufficiency.
  3. 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.
  4. 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.

Acts 2017, ch. 84, § 1.

49-50-1604. Guidelines regarding availability of opioid antagonists in schools.

  1. 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.
  2. 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.
    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. 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. 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. 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. 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. 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.

Acts 2017, ch. 256, § 1.

Law Reviews.

Defining the Opioid Crisis and the Limited Role of the Criminal Justice System Resolving It, 48 U. Mem. L. Rev. 1206 (Summer 2018).

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)).

Acts 2018, ch. 1020, § 2.

Compiler's Notes. Acts 2018, ch. 1020, § 1 provided that the act, which enacted this part, §§ 59-50-1701—49-50-1703, shall be known and may be cited as the “Homeless Student Stability and Opportunity Gap Act.”

49-50-1702. LEAs' duties to homeless students — Technical assistance for homeless-student liaisons.

  1. In accordance with the McKinney-Vento Homeless Assistance Act (42 U.S.C. § 11431 et seq.), LEAs must:
    1. Provide educational services and support to homeless students; and
    2. Designate a local liaison responsible for ensuring homeless students are identified and have a full and equal opportunity to succeed in school.
  2. The department of education shall provide technical assistance to homeless-student liaisons as needed.

Acts 2018, ch. 1020, § 2.

Compiler's Notes. Acts 2018, ch. 1020, § 1 provided that the act, which enacted this part, §§ 59-50-1701—49-50-1703, shall be known and may be cited as the “Homeless Student Stability and Opportunity Gap Act.”

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. A director or designee of a governmental or nonprofit agency that receives public or private funding to provide services to homeless people;
  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. The director of a federal TRIO program or Gaining Early Awareness and Readiness for Undergraduate Programs program, or the director's designee; or
  4. A financial aid administrator.

Acts 2018, ch. 1020, § 2.

Compiler's Notes. Acts 2018, ch. 1020, § 1 provided that the act, which enacted this part, §§ 59-50-1701—49-50-1703, shall be known and may be cited as the “Homeless Student Stability and Opportunity Gap Act.”

49-50-908. Development and expansion of service.