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).

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

1. 1. The state board of education shall be composed of nine (9) appointed members, one (1) public high school student member and one (1) ex officio member. One (1) appointed member shall be appointed from, and represent, each congressional district. The member shall reside within the congressional district from which the member is appointed as such district is apportioned at the time of the member's appointment. The position of any member shall become vacant when the member ceases to reside in such district. Appointments from reapportioned congressional districts shall be made as vacancies occur. No incumbent member shall be removed from the incumbent member's seat prior to the expiration of the incumbent member's current term as a result of changes in congressional districts occasioned by reapportionment. The position of any member shall become vacant when the member misses, without cause, more than two (2) consecutive meetings within any twelve-month period. Cause shall be determined by the board.
   2. 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.
2. The chair of the board shall be elected by the members of the board for a term of two (2) years. A chair may be reelected. The chair of the board shall appoint the chair and members of any committee of board members.
3. Each member shall be reimbursed for travel expenses in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
4. 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.
5. 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. 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;
   2. 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;
   3. Develop and maintain current a master plan for the development of public education, kindergarten through grade twelve (K-12), and provide recommendations to the executive branch, the general assembly and the local boards of education and directors of schools regarding the use of public funds for education;
   4. 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;
   5. 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;
   6. Set policies for graduation requirements in kindergarten through grade twelve (K-12);
   7. 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;
   8. Set policies governing all academic standards and courses of study in the public schools;
   9. Prescribe the use of textbooks and other instructional materials, based on recommendations of the state textbook and instructional materials quality commission, for the various subjects taught or used in conjunction with the public schools;
   10. [Deleted by 2020 amendment.]
   11. 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;
   12. Determine the ways and means of improving teacher, student and school performances, and to set policies to accomplish such improvements;
   13. 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;
   14. 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;
   15. 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);
   16. 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);
   17. 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
   18. 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.
4. 1. There is hereby created the teacher evaluation advisory committee. The committee shall consist of fifteen (15) members. The commissioner of education, the executive director of the state board of education and the chairpersons of the education committees of the senate and the house of representatives shall be members. One (1) member shall be a kindergarten through grade twelve (K-12) public school teacher appointed by the speaker of the house of representatives and one (1) member shall be a kindergarten through grade twelve (K-12) public school teacher appointed by the speaker of the senate. The remaining nine (9) members shall be appointed by the governor and shall consist of three (3) public school teachers, two (2) public school principals, one (1) director of a school district and three (3) members representing other stakeholders' interests; provided, that at least one (1) member of the committee shall be a parent of a currently enrolled public school student. The membership of the committee shall appropriately reflect the racial and geographic diversity of this state. The commissioner of education shall serve as the chairperson of the committee. All appointments to the teacher evaluation advisory committee shall be made within thirty (30) days of January 16, 2010. If the commissioner of education who is initially appointed to the committee as chairperson ceases to be the commissioner of education because of resignation or retirement, then such former commissioner shall remain a member of the committee until the committee ceases to exist. The total number of members of the committee shall thereby be increased to sixteen (16).
   2. 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.
      2. 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.
      3. 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).
      4. No rules, policies, or guidelines shall be established that require the classroom or position observation results pursuant to subdivision (d)(2)(C) to be aligned with TVAAS data.
      5. 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.
      6. 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.
      7. 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.
   3. The policies adopted pursuant to subdivision (d)(2) shall be effective no later than July 1, 2011, in order to be implemented prior to the 2011-2012 academic year. Prior to the implementation of these policies, the existing guidelines and criteria for the evaluation of certificated persons employed by LEAs shall continue to be utilized.
   4. The evaluation procedure created by this subsection (d) shall not apply to teachers who are employed under contracts of duration of one hundred twenty (120) days per school year or less or who are not employed full-time.
   5. The committee shall be subject to the governmental entity review law, compiled in title 4, chapter 29, and shall terminate on July 1, 2011.
   6. If an LEA determines that it is necessary to assign an individual to teach in an area for which the individual is not endorsed, any evaluation conducted for the course outside the area of endorsement shall relate only to the improvement of teaching skills and strategies and not a determination of competency. The board shall include as a part of its evaluation guidelines a specific reference to this use of its evaluation procedures.
   7. 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.
5. 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.
6. All statewide tests developed or provided by the department to measure individual student progress and achievement, all banks of questions, all field testing documents used as background for the development of the tests, and all answers shall be kept confidential when and for so long as is necessary to protect the integrity of the tests.
7. 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.
8. The board shall develop guidelines and criteria for local adoption and enforcement of uniform clothing for public school students. These guidelines and criteria shall require that uniform clothing be simple, appropriate, readily available and inexpensive. The board shall disseminate these guidelines and criteria to LEAs. These guidelines and criteria can be used as a tool for LEAs that may adopt uniform clothing policies. Adoption of uniform clothing policies shall be at the discretion of the local board of education.
9. 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).
   2. 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.
   3. Certificates of approval shall be issued pursuant to those regulations by the commissioner of education, pursuant to part 11 of this chapter, to those child care programs that meet the standards as adopted by the board.
   4. 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.
      2. 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).
      3. The members of the council shall serve without reimbursement except for their travel expenses as may be established by state travel regulations.
      4. The council shall act as an advisory council to the state board of education regarding the development of child care standards for child care programs subject to the board's jurisdiction and shall review the standards on a formal basis at least every four (4) years, but may be requested more frequently by the board to conduct such further reviews as may be necessary or to otherwise provide periodic advice to the board regarding child care programs subject to the board's jurisdiction.
      5. 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.
      6. Rules for its operation as a hearing tribunal shall be adopted by the state board of education in accordance with the Uniform Administrative Procedures Act.
      7. 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.
10. The board shall develop guidelines, criteria and administrative rules as necessary to assure the payment of career ladder supplements to eligible recipients so long as they remain in positions in the public schools that qualify for such supplements. The board shall notify the commissioner of finance and administration at such time as the last eligible recipient separates from service to a local board of education. At the time of the notice to the commissioner of finance and administration, all rules, regulations and policies pertaining to the career ladder program shall become void and of no effect.
11. 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.
12. The state board of education shall develop policies concerning the transmittal of final disciplinary actions taken by the board on educator licenses to the national clearinghouse administered by the National Association of State Directors of Teacher Education and Certification (NASDTEC).
13. 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).

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 §§ 49-1-310 – 49-1-314.  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).
2. 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.
3. 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

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).

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).

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).

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).

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).

49-2-301. 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.
2. 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;
      31. 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;
      32. All actions of the directors or their designees shall be consistent with the existing board policies, rules, contracts and regulations;
      33. Perform such other official duties as may be prescribed by law; and
      34. 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.
3. 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.
4. 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).

49-2-302. [Reserved.]

1. 1. Each director of schools shall employ principals for the public schools. The employment contract with each principal shall be in writing, shall not exceed the contract term of the current director of schools, and may be renewed. The contract shall specify duties other than those prescribed by statute and shall contain performance standards including the requirement that the principal's annual evaluation be based on student achievement data, with a significant portion, as defined by the guidelines and criteria adopted by the board in accordance with § 49-1-302(d)(2), being student growth data as reflected in teacher effect data and Tennessee Value-Added Assessment System (TVAAS) data, as such data is developed pursuant to chapter 1, part 6 of this title. Other standards that may be considered in the evaluation shall include, but not be limited to, other benchmarks for student proficiency, graduation rates, ACT scores where applicable and student attendance. The contract shall provide for consequences when the standards are not met. The performance contract may provide for bonuses beyond base salary, if performance standards are met or exceeded. Reasons for the nonrenewal of a contract may include, but are not limited to, inadequate performance as determined by the evaluations. A principal who has tenure as a teacher shall retain all rights of such status, expressly including those specified in § 49-5-510.
   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.
2. 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;
   7. 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
   8. Prepare, annually, a budget request for the school under the principal's care and submit the budget request to the director of schools. The budget request shall set forth a plan for the cost of operation of the school for the school year beginning July 1, following, or on such date as otherwise provided by charter or act of the legislature, public or private. Upon approval of the LEA's budget, the director of schools shall assign to each principal the responsibility for and authority over the cost of operation of the principal's school.
3. 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).

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

49-3-301. 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).

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.

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

1. 1. The commissioner, as approved by the state board of education, shall annually formulate a table of training and experience factors and a state salary schedule to be effective for each school year, which shall be applicable to all licensed personnel in every LEA, and which shall include an established base salary per school year consisting of a term of two hundred (200) days for beginning licensed personnel with a bachelor's degree and zero (0) years of experience. Licensed personnel having more training and experience shall receive more than the established base per school year. Certified personnel having less training and experience shall receive less than the established base per school year. The salary schedule shall not be applicable to substitute personnel. In the alternative, an LEA may submit to the commissioner its own proposed salary schedule, subject to collective bargaining where applicable. Implementation of such a salary schedule shall be subject to approval by the commissioner and the state board. In no case shall a salary schedule adopted pursuant to this subdivision (a)(1) result in the reduction of the salary of a teacher employed by the LEA at the time of the adoption of the salary schedule. Any additional expenditure incurred as a result of any such salary schedule shall be subject to appropriation by the governing body empowered to appropriate the funds.(2)  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.
2. 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.
   4. 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.
      2. 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.
      3. 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.
3. 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.
4. 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.
5. 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).
6. 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.
7. 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).
8. 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).

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. 1. 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;
      2. 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;
   2. 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;
   3. 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;
   4. 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;
   5. The funds generated for medical insurance in the BEP shall be based on twelve (12) months of employment;
   6. 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;
   7. 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;
   8. 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;
   9. 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;
   10. 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);
   11. The formula shall be student-based such that each student entering or exiting an LEA shall impact generated funding; and
   12. 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. 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;
2. For the purpose of this part or chapter 6, part 22 of this title, “textbook and instructional materials” mean any medium or manual of instruction that contains a systematic presentation of the principles of a subject and that constitutes a major instructional vehicle for that subject.

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. 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.
2. 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.
3. 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.
   3. 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.
   4. 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).

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.
2. 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.
3. 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).

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

1. 1. The commissioner, in consultation with the comptroller of the treasury, shall develop, revise as necessary and prescribe a standardized system of financial accounting and reporting for all LEAs, including appropriate forms or other documentation. This system shall be designed to facilitate year-to-year and agency-to-agency comparison, as well as adequately indicating the sources and uses of all funds received by each LEA. The commissioner shall review the fiscal public school records in all LEAs to the end that the expenditure of funds, whether for current operation and maintenance purposes, capital outlay purposes and other school purposes, shall be properly accounted for and safeguarded.
   2. 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.
2. 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.
3. 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.
4. 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.
5. 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. 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.
2. 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.
3. 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.
4. 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. 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.
2. 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. 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
      2. 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.
3. 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. 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.
2. 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.
3. All funds generated for the BEP shall be spent on BEP components.
4. 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).

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).

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).

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.
3. 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.
4. 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

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).

49-4-301. 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.

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.

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. 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.
2. 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]