Tenn. Code Ann. § 49-13-107 — TN Code / Title 49 / Chapter 13 / Section 49-13-107
Application process
Status: in_force

(a) Sixty (60) days before the application process begins pursuant to subsection (b), a prospective charter school sponsor shall submit a letter of intent to the department of education and the authorizer of its plan to submit an application to operate a charter school. (b) On or before February 1 of the year preceding the year in which the proposed public charter school plans to begin operation, the sponsor seeking to establish a public charter school shall prepare and file with the authorizer and the department of education an application using the application template developed by the department in coordination with the commission and that provides the following information and documents: (1) A statement defining the mission and goals of the proposed charter school, including the proposed charter school's academic focus; (2) A proposed academic plan, including the instructional goals and methods for each grade level the school will serve, which, at a minimum, shall include teaching and classroom instruction methods that will be used to provide students with the knowledge, proficiency and skills needed to reach the goals of the school; (3) A plan for evaluating student academic achievement at the proposed public charter school and the procedures for remedial action that will be used by the school when the academic achievement of a student falls below acceptable standards; (4) An operating budget based on anticipated enrollment; provided, however, that such operating budget shall not exceed a ten-year projection; (5) The method for conducting annual audits of the financial, administrative and program operations of the school; (6) A timetable for commencing operations as a public charter school that shall provide for a minimum number of academic instruction days, which shall not be fewer than those required by statute; (7) The proposed rules and policies for governance and operation of the school; (8) The names and addresses of the members of the governing body; (9) A description of the anticipated student enrollment and the nondiscriminatory admission policies; provided, that any charter school may be operated as a single-sex school that only enrolls students of a respective sex, as defined in § 49-2-802 ; (10) The code of behavior and discipline of the proposed public charter school; (11) The plan for compliance with the applicable health and safety laws and regulations of the federal government and the laws of the state; (12) The experience required of employees of the proposed public charter school; (13) The identification of the individuals sponsoring the proposed public charter school, including their names and addresses; (14) The procedures governing the deposit and investment of idle funds, purchasing procedures and comprehensive travel regulations; (15) The plan for the management and administration of the public charter school; (16) A copy of the proposed bylaws of the governing body of the charter school; (17) A statement of assurance of liability by the governing body of the charter school; (18) A statement of assurance to comply with this chapter and all other applicable laws; (19) Types and amounts of insurance coverage to be held either by the charter school or approved by the authorizer, including provisions for assuring that the insurance provider will notify the department of education within ten (10) days of the cancellation of any insurance it carries on the charter school; (20) The plan for transportation for the pupils attending the charter school; (21) Information regarding financing commitments from equity investors or debt sources for cash or similar liquid assets sufficient to demonstrate that the charter school will have liquid assets sufficiently available to operate the school on an ongoing and sound financial basis. In lieu of cash or similar liquid assets, an applicant may provide a financial bond issued by a company authorized to issue surety bonds in this state; and (22) A plan for the construction, development, or purchase of residential facilities for a proposed opportunity public charter school, if the proposed opportunity public charter school intends to provide a residential program, including a copy of all required permits, certificates, or other documentation evidencing the sponsor's ability to secure, provide, and safely operate the residential program. (c) A charter school application and any renewal application under § 49-13-121 shall include a disclosure of all donations of private funding, if any, including, but not limited to, gifts received from foreign governments, foreign legal entities and, when reasonably known, domestic entities affiliated with either foreign governments or foreign legal entities. (d) Authorizers shall require no more than five (5) paper copies of the application in addition to an electronic version of the application. (e) In reviewing and evaluating a charter application, an authorizer shall, if applicable, consider the performance, including student growth and achievement, of any charter school operated by the sponsor, governing body, or charter management organization. (f) An authorizer may require a public charter school sponsor to pay to the authorizer an application fee of up to two thousand five hundred dollars ($2,500) with each charter school application the sponsor files. Amended by 2024 Tenn. Acts, ch. 1066,s 7, eff. 7/1/2024, app. to opportunity public charter schools applying to open in the 2026- 2027 school year or in a subsequent school year. Amended by 2024 Tenn. Acts, ch. 1066,s 6, eff. 7/1/2024, app. to opportunity public charter schools applying to open in the 2026- 2027 school year or in a subsequent school year. Amended by 2023 Tenn. Acts, ch. 206, s 1, eff. 4/24/2023. Amended by 2022 Tenn. Acts, ch. 1085, s 6, eff. 5/27/2022. Amended by 2019 Tenn. Acts, ch. 219, Secs.s 15, s 16, s 17, s 18, s 19, s 20, s 21, s 22, s 23, s 101eff. 4/26/2019. Amended by 2017 Tenn. Acts, ch. 307, s 25, eff. 7/1/2017. Amended by 2017 Tenn. Acts, ch. 307, s 24, eff. 7/1/2017. Amended by 2014 Tenn. Acts, ch. 850, s 5, eff. 4/30/2014. Acts 2002, ch. 850, § 7; 2005, ch. 414, §6; 2011 , ch. 466, § 7; 2011 , ch. 507, §§ 2, 6; 2012 , ch. 879, § 2; 2012 , ch. 1021, §§ 3- 6; 2012, ch. 1097, §§ 2, 7.
(a) Sixty (60) days before the application process begins pursuant to subsection (b), a prospective charter school sponsor shall submit a letter of intent to the department of education and the authorizer of its plan to submit an application to operate a charter school.
(b) On or before February 1 of the year preceding the year in which the proposed public charter school plans to begin operation, the sponsor seeking to establish a public charter school shall prepare and file with the authorizer and the department of education an application using the application template developed by the department in coordination with the commission and that provides the following information and documents: (1) A statement defining the mission and goals of the proposed charter school, including the proposed charter school's academic focus; (2) A proposed academic plan, including the instructional goals and methods for each grade level the school will serve, which, at a minimum, shall include teaching and classroom instruction methods that will be used to provide students with the knowledge, proficiency and skills needed to reach the goals of the school; (3) A plan for evaluating student academic achievement at the proposed public charter school and the procedures for remedial action that will be used by the school when the academic achievement of a student falls below acceptable standards; (4) An operating budget based on anticipated enrollment; provided, however, that such operating budget shall not exceed a ten-year projection; (5) The method for conducting annual audits of the financial, administrative and program operations of the school; (6) A timetable for commencing operations as a public charter school that shall provide for a minimum number of academic instruction days, which shall not be fewer than those required by statute; (7) The proposed rules and policies for governance and operation of the school; (8) The names and addresses of the members of the governing body; (9) A description of the anticipated student enrollment and the nondiscriminatory admission policies; provided, that any charter school may be operated as a single-sex school that only enrolls students of a respective sex, as defined in § 49-2-802 ; (10) The code of behavior and discipline of the proposed public charter school; (11) The plan for compliance with the applicable health and safety laws and regulations of the federal government and the laws of the state; (12) The experience required of employees of the proposed public charter school; (13) The identification of the individuals sponsoring the proposed public charter school, including their names and addresses; (14) The procedures governing the deposit and investment of idle funds, purchasing procedures and comprehensive travel regulations; (15) The plan for the management and administration of the public charter school; (16) A copy of the proposed bylaws of the governing body of the charter school; (17) A statement of assurance of liability by the governing body of the charter school; (18) A statement of assurance to comply with this chapter and all other applicable laws; (19) Types and amounts of insurance coverage to be held either by the charter school or approved by the authorizer, including provisions for assuring that the insurance provider will notify the department of education within ten (10) days of the cancellation of any insurance it carries on the charter school; (20) The plan for transportation for the pupils attending the charter school; (21) Information regarding financing commitments from equity investors or debt sources for cash or similar liquid assets sufficient to demonstrate that the charter school will have liquid assets sufficiently available to operate the school on an ongoing and sound financial basis. In lieu of cash or similar liquid assets, an applicant may provide a financial bond issued by a company authorized to issue surety bonds in this state; and (22) A plan for the construction, development, or purchase of residential facilities for a proposed opportunity public charter school, if the proposed opportunity public charter school intends to provide a residential program, including a copy of all required permits, certificates, or other documentation evidencing the sponsor's ability to secure, provide, and safely operate the residential program.
(1) A statement defining the mission and goals of the proposed charter school, including the proposed charter school's academic focus;
(2) A proposed academic plan, including the instructional goals and methods for each grade level the school will serve, which, at a minimum, shall include teaching and classroom instruction methods that will be used to provide students with the knowledge, proficiency and skills needed to reach the goals of the school;
(3) A plan for evaluating student academic achievement at the proposed public charter school and the procedures for remedial action that will be used by the school when the academic achievement of a student falls below acceptable standards;
(4) An operating budget based on anticipated enrollment; provided, however, that such operating budget shall not exceed a ten-year projection;
(5) The method for conducting annual audits of the financial, administrative and program operations of the school;
(6) A timetable for commencing operations as a public charter school that shall provide for a minimum number of academic instruction days, which shall not be fewer than those required by statute;
(7) The proposed rules and policies for governance and operation of the school;
(8) The names and addresses of the members of the governing body;
(9) A description of the anticipated student enrollment and the nondiscriminatory admission policies; provided, that any charter school may be operated as a single-sex school that only enrolls students of a respective sex, as defined in § 49-2-802 ;
(10) The code of behavior and discipline of the proposed public charter school;
(11) The plan for compliance with the applicable health and safety laws and regulations of the federal government and the laws of the state;
(12) The experience required of employees of the proposed public charter school;
(13) The identification of the individuals sponsoring the proposed public charter school, including their names and addresses;
(14) The procedures governing the deposit and investment of idle funds, purchasing procedures and comprehensive travel regulations;
(15) The plan for the management and administration of the public charter school;
(16) A copy of the proposed bylaws of the governing body of the charter school;
(17) A statement of assurance of liability by the governing body of the charter school;
(18) A statement of assurance to comply with this chapter and all other applicable laws;
(19) Types and amounts of insurance coverage to be held either by the charter school or approved by the authorizer, including provisions for assuring that the insurance provider will notify the department of education within ten (10) days of the cancellation of any insurance it carries on the charter school;
(20) The plan for transportation for the pupils attending the charter school;
(21) Information regarding financing commitments from equity investors or debt sources for cash or similar liquid assets sufficient to demonstrate that the charter school will have liquid assets sufficiently available to operate the school on an ongoing and sound financial basis. In lieu of cash or similar liquid assets, an applicant may provide a financial bond issued by a company authorized to issue surety bonds in this state; and
(22) A plan for the construction, development, or purchase of residential facilities for a proposed opportunity public charter school, if the proposed opportunity public charter school intends to provide a residential program, including a copy of all required permits, certificates, or other documentation evidencing the sponsor's ability to secure, provide, and safely operate the residential program.
(c) A charter school application and any renewal application under § 49-13-121 shall include a disclosure of all donations of private funding, if any, including, but not limited to, gifts received from foreign governments, foreign legal entities and, when reasonably known, domestic entities affiliated with either foreign governments or foreign legal entities.
(d) Authorizers shall require no more than five (5) paper copies of the application in addition to an electronic version of the application.
(e) In reviewing and evaluating a charter application, an authorizer shall, if applicable, consider the performance, including student growth and achievement, of any charter school operated by the sponsor, governing body, or charter management organization.
(f) An authorizer may require a public charter school sponsor to pay to the authorizer an application fee of up to two thousand five hundred dollars ($2,500) with each charter school application the sponsor files.
Amended by 2024 Tenn. Acts, ch. 1066,s 7, eff. 7/1/2024, app. to opportunity public charter schools applying to open in the 2026- 2027 school year or in a subsequent school year.
Amended by 2024 Tenn. Acts, ch. 1066,s 6, eff. 7/1/2024, app. to opportunity public charter schools applying to open in the 2026- 2027 school year or in a subsequent school year.
Amended by 2023 Tenn. Acts, ch. 206, s 1, eff. 4/24/2023.
Amended by 2022 Tenn. Acts, ch. 1085, s 6, eff. 5/27/2022.
Amended by 2019 Tenn. Acts, ch. 219, Secs.s 15, s 16, s 17, s 18, s 19, s 20, s 21, s 22, s 23, s 101eff. 4/26/2019.
Amended by 2017 Tenn. Acts, ch. 307, s 25, eff. 7/1/2017.
Amended by 2017 Tenn. Acts, ch. 307, s 24, eff. 7/1/2017.
Amended by 2014 Tenn. Acts, ch. 850, s 5, eff. 4/30/2014.
Acts 2002, ch. 850, § 7; 2005, ch. 414, §6; 2011 , ch. 466, § 7; 2011 , ch. 507, §§ 2, 6; 2012 , ch. 879, § 2; 2012 , ch. 1021, §§ 3- 6; 2012, ch. 1097, §§ 2, 7.
Tenn. Code Ann. § 49-11-108 — TN Code / Title 49 / Chapter 11 / Section 49-11-108
Notification of prerequisites for career and technical education courses
Status: in_force

The state board of education shall notify local school systems no less than one (1) full year prior to the effective date of any academic prerequisite course requirements in career and technical education. Amended by 2015 Tenn. Acts, ch. 55,s 13, eff. 4/6/2015. Acts 2002, ch. 813, § 1.
The state board of education shall notify local school systems no less than one (1) full year prior to the effective date of any academic prerequisite course requirements in career and technical education.
Amended by 2015 Tenn. Acts, ch. 55,s 13, eff. 4/6/2015.
Acts 2002, ch. 813, § 1.
Tenn. Code Ann. § 49-7-1210 — TN Code / Title 49 / Chapter 7 / Section 49-7-1210
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 183, s 7, eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 64, s 103, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 468, s 4, eff. 7/1/2019. Amended by 2015 Tenn. Acts, ch. 182, s 72, eff. 4/17/2015. Added by 2013 Tenn. Acts, ch. 338, s 11, eff. 1/1/2014.
Repealed by 2021 Tenn. Acts, ch. 183, s 7, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 64, s 103, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 468, s 4, eff. 7/1/2019.
Amended by 2015 Tenn. Acts, ch. 182, s 72, eff. 4/17/2015.
Added by 2013 Tenn. Acts, ch. 338, s 11, eff. 1/1/2014.
Tenn. Code Ann. § 49-4-110 — TN Code / Title 49 / Chapter 4 / Section 49-4-110
Revocation of authorization
Status: in_force

The commissioner shall have the power to revoke the certificate of authority or bring proceedings for the dissolution or liquidation of a corporation pursuant to regulations promulgated by the commissioner relating to notice, hearing and opportunity for review, whenever the commissioner finds that: (1) The corporation is being operated for profit; (2) The affairs of the corporation are being fraudulently conducted; (3) The corporation is guilty of a violation of any of this part; (4) The certificate of authority was obtained by fraud; (5) The corporation is guilty of false or misleading advertising; (6) Trust funds have been or are being used for purposes other than scholarships; (7) There has been a material variance between any plan or plans as filed with the commissioner and the actual administration of the plan or plans to the detriment of any member, trustee of member or class of member; (8) The corporation has willfully failed to file reports required by the commissioner pursuant to this part; or (9) The corporation has refused or prevented examination of its books and records by the commissioner. Acts 1968, ch. 589, § 12; T.C.A., § 49-4512.
The commissioner shall have the power to revoke the certificate of authority or bring proceedings for the dissolution or liquidation of a corporation pursuant to regulations promulgated by the commissioner relating to notice, hearing and opportunity for review, whenever the commissioner finds that:
(1) The corporation is being operated for profit;
(2) The affairs of the corporation are being fraudulently conducted;
(3) The corporation is guilty of a violation of any of this part;
(4) The certificate of authority was obtained by fraud;
(5) The corporation is guilty of false or misleading advertising;
(6) Trust funds have been or are being used for purposes other than scholarships;
(7) There has been a material variance between any plan or plans as filed with the commissioner and the actual administration of the plan or plans to the detriment of any member, trustee of member or class of member;
(8) The corporation has willfully failed to file reports required by the commissioner pursuant to this part; or
(9) The corporation has refused or prevented examination of its books and records by the commissioner.
Acts 1968, ch. 589, § 12; T.C.A., § 49-4512.
Tenn. Code Ann. § 49-4-930 — TN Code / Title 49 / Chapter 4 / Section 49-4-930
[Effective Until 7/1/2025] Dual enrollment grant for high school students
Status: in_force

(a) As used in this section: (1) "Certificate" or "diploma" means a credential, other than a degree, the receipt of which indicates satisfactory completion of training in a technical education program of study offered by an eligible postsecondary institution; (2) "Course" includes a course taken at an eligible postsecondary institution, or the equivalent at a Tennessee college of applied technology; (3) "Eligible postsecondary institution" has the same meaning as defined in § 49-4-902 . "Eligible postsecondary institution" also means a private, nonprofit technical school that: (A) Has had its primary campus domiciled in this state for at least seventy-five (75) consecutive years; (B) Is accredited by the Council on Occupational Education; and (C) In addition to offering diploma, certificate, and associate degree programs, offers a baccalaureate degree through an articulation agreement with a regionally accredited postsecondary institution; (4) "Semester" has the same meaning as defined in § 49-4-902 ; (5) "TCAT" means a Tennessee college of applied technology operated by the board of regents; and (6) "Tuition," also referred to as "in-state tuition" or "maintenance fees," means the enrollment or registration fee charged for instruction in a course, which is calculated by multiplying a dollar amount by the number of semester credit hours in which a student enrolls, or the equivalent fee for a course measured by clock hours. "Tuition" does not include any other fees assessed by an institution to its students, including, but not limited to, mandatory fees, online or technology fees, application fees, book or material fees, access fees, course fees, or other fees charged to students for a specific purpose, activity, facility, or service, whether calculated on the number of credit hours or clock hours or whether charged as a flat rate. (b) It is the intent of the general assembly that the purposes of the dual enrollment grant are: (1) To provide an opportunity for Tennessee high school students to earn an initial technical credential or a semester of college credit by high school graduation, free of tuition and fees; and (2) To encourage TCATs to establish technical middle college programs, in partnership with local education agencies, that permit students to earn an advanced technical certificate or diploma by their high school graduation. (c) A high school student is eligible for a dual enrollment grant if the student: (1) Is a resident of this state, as classified pursuant to § 49-8-104 ; (2) Is admitted to an eligible postsecondary institution as a dual enrollment student, and if the student: (A) Is a junior or senior in high school; or (B) Has completed the eighth grade and is enrolled in a TCAT; and (3) Submits an application, as required by TSAC. (d) (1) A student may receive a dual enrollment grant for one (1) or more courses per semester at one (1) or more eligible postsecondary institutions. (2) To be eligible for a dual enrollment grant for a semester beyond the first semester of the student's receipt of a dual enrollment grant, the student must continue to meet all eligibility requirements for the grant and must achieve a minimum cumulative grade point average of 2.0 for all postsecondary courses attempted under a dual enrollment grant. (3) Notwithstanding subdivision (d)(2), a student enrolled in a clock hour course that is not completed within one (1) semester maintains eligibility for the grant in the subsequent semester if the student attends the number of clock hours required for grant disbursement for the course and continues to meet all eligibility requirements. Continuing eligibility under this subdivision (d)(3) is applicable to a student previously enrolled in a clock hour course who transfers to another eligible postsecondary institution in the subsequent semester. (e) A course attempted by a dual enrollment student does not count toward the limitation on receiving a Tennessee HOPE scholarship under § 49-4-913 . (f) (1) If a dual enrollment student enrolls in an eligible public postsecondary institution after graduation from high school, then the eligible public postsecondary institution shall not deny credit toward an associate or baccalaureate degree for a college course taken as a dual enrollment student if the student successfully completed the course. If the dual enrollment course was not taken at the institution in which the student enrolls after graduation from high school, then the course must qualify for transfer credit. (2) Each TCAT shall reserve an enrollment slot for each dual enrollment student in the term immediately following the last term in which the student was enrolled in the TCAT as a dual enrollment student if space is available for the student at the TCAT in the program in which the student was previously enrolled. If space is unavailable in that term, then the student must be given enrollment priority when space becomes available at the TCAT in the program in which the student was previously enrolled. A TCAT may establish a deadline by which a dual enrollment student must indicate the student's intent to enroll in the term immediately following the student's last term as a dual enrollment student before the TCAT is required to reserve an enrollment slot for the student in accordance with this subdivision (f)(2). (g) Subject to the amounts appropriated by the general assembly and any law relating to a shortfall in funds available for postsecondary financial assistance from the net proceeds of the state lottery: (1) A student who is eligible to receive a dual enrollment grant pursuant to this section is eligible to receive a dual enrollment grant for no more than: (A) One thousand two hundred ninety-six (1,296) clock hours at a TCAT; or (B) Ten (10) courses measured by semester hours at an eligible postsecondary institution that offers degrees; (2) The award for a dual enrollment course taken at a TCAT is the average tuition established annually by the board of regents for regular in-state students at Tennessee colleges of applied technology, plus an additional dual enrollment access fee of five percent (5%) of the average tuition; (3) For the first five (5) dual enrollment semester-hour courses taken at an eligible postsecondary institution, the award for a dual enrollment grant is the average tuition established annually by the board of regents for regular in-state students at community colleges, plus an additional dual enrollment access fee of five percent (5%) of the average tuition; (4) Notwithstanding subdivision (g)(3), the award for a course taken at an eligible postsecondary institution, as described in subdivisions (a)(3)(A) - (C), that is one (1) of a student's first five (5) dual enrollment courses, is the award described in subdivision (g)(2) if the course satisfies the requirements of a certificate or diploma program; (5) An eligible public postsecondary institution shall not charge a student receiving a dual enrollment grant under subdivisions (g)(2)-(4) tuition or fees in excess of the student's dual enrollment grant award, as established in the respective subdivision. However, an eligible public postsecondary institution may charge a student receiving a dual enrollment grant costs actually incurred by the institution on the student's behalf, including, but not limited to, book and material costs, digital book and material costs, special examination fees, industry certification fees, and board examination fees; (6) For a student's sixth through tenth dual enrollment semester-hour courses taken at an eligible postsecondary institution, TSAC shall determine the award per semester credit hour; and (7) Any increase in the tuition rate upon which the dual enrollment grant award is established pursuant to subdivisions (g)(2) and (g)(3) is subject to the binding range of allowable percentage adjustment for tuition as annually approved by THEC pursuant to § 49-7-202(n)(3)(A) . (h) TSAC may promulgate rules to establish award amounts at eligible postsecondary institutions and to otherwise effectuate the intent and purposes of this section. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Amended by 2024 Tenn. Acts, ch. 581,s 1, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 227, s 1, eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 1116, s 3, eff. 7/1/2022. Amended by 2021 Tenn. Acts, ch. 536, s 1, eff. 1/1/2022. Amended by 2020 Tenn. Acts, ch. 794, Secs.s 45, s 46, s 47 eff. 8/1/2020. Amended by 2020 Tenn. Acts, ch. 794, s 44, eff. 8/1/2020. Amended by 2019 Tenn. Acts, ch. 482, s 1, eff. 7/1/2020. Amended by 2019 Tenn. Acts, ch. 482, s 2, eff. 7/1/2020. Amended by 2019 Tenn. Acts, ch. 463, s 1, eff. 7/1/2019. Amended by 2019 Tenn. Acts, ch. 463, s 2, eff. 7/1/2020. Amended by 2019 Tenn. Acts, ch. 203, s 2, eff. 7/1/2020. Amended by 2017 Tenn. Acts, ch. 471, s 1, eff. 5/30/2017. Amended by 2017 Tenn. Acts, ch. 328, s 5, eff. 5/9/2017. Acts 2005, ch. 481, § 21; 2008 , ch. 1142, §§ 10, 26; 2011 , ch. 427, §§ 1, 2; 2011 , ch. 488, § 8. This section is set out more than once due to postponed, multiple, or conflicting amendments.
(a) As used in this section: (1) "Certificate" or "diploma" means a credential, other than a degree, the receipt of which indicates satisfactory completion of training in a technical education program of study offered by an eligible postsecondary institution; (2) "Course" includes a course taken at an eligible postsecondary institution, or the equivalent at a Tennessee college of applied technology; (3) "Eligible postsecondary institution" has the same meaning as defined in § 49-4-902 . "Eligible postsecondary institution" also means a private, nonprofit technical school that: (A) Has had its primary campus domiciled in this state for at least seventy-five (75) consecutive years; (B) Is accredited by the Council on Occupational Education; and (C) In addition to offering diploma, certificate, and associate degree programs, offers a baccalaureate degree through an articulation agreement with a regionally accredited postsecondary institution; (4) "Semester" has the same meaning as defined in § 49-4-902 ; (5) "TCAT" means a Tennessee college of applied technology operated by the board of regents; and (6) "Tuition," also referred to as "in-state tuition" or "maintenance fees," means the enrollment or registration fee charged for instruction in a course, which is calculated by multiplying a dollar amount by the number of semester credit hours in which a student enrolls, or the equivalent fee for a course measured by clock hours. "Tuition" does not include any other fees assessed by an institution to its students, including, but not limited to, mandatory fees, online or technology fees, application fees, book or material fees, access fees, course fees, or other fees charged to students for a specific purpose, activity, facility, or service, whether calculated on the number of credit hours or clock hours or whether charged as a flat rate.
(1) "Certificate" or "diploma" means a credential, other than a degree, the receipt of which indicates satisfactory completion of training in a technical education program of study offered by an eligible postsecondary institution;
(2) "Course" includes a course taken at an eligible postsecondary institution, or the equivalent at a Tennessee college of applied technology;
(3) "Eligible postsecondary institution" has the same meaning as defined in § 49-4-902 . "Eligible postsecondary institution" also means a private, nonprofit technical school that: (A) Has had its primary campus domiciled in this state for at least seventy-five (75) consecutive years; (B) Is accredited by the Council on Occupational Education; and (C) In addition to offering diploma, certificate, and associate degree programs, offers a baccalaureate degree through an articulation agreement with a regionally accredited postsecondary institution;
(A) Has had its primary campus domiciled in this state for at least seventy-five (75) consecutive years;
(B) Is accredited by the Council on Occupational Education; and
(C) In addition to offering diploma, certificate, and associate degree programs, offers a baccalaureate degree through an articulation agreement with a regionally accredited postsecondary institution;
(4) "Semester" has the same meaning as defined in § 49-4-902 ;
(5) "TCAT" means a Tennessee college of applied technology operated by the board of regents; and
(6) "Tuition," also referred to as "in-state tuition" or "maintenance fees," means the enrollment or registration fee charged for instruction in a course, which is calculated by multiplying a dollar amount by the number of semester credit hours in which a student enrolls, or the equivalent fee for a course measured by clock hours. "Tuition" does not include any other fees assessed by an institution to its students, including, but not limited to, mandatory fees, online or technology fees, application fees, book or material fees, access fees, course fees, or other fees charged to students for a specific purpose, activity, facility, or service, whether calculated on the number of credit hours or clock hours or whether charged as a flat rate.
(b) It is the intent of the general assembly that the purposes of the dual enrollment grant are: (1) To provide an opportunity for Tennessee high school students to earn an initial technical credential or a semester of college credit by high school graduation, free of tuition and fees; and (2) To encourage TCATs to establish technical middle college programs, in partnership with local education agencies, that permit students to earn an advanced technical certificate or diploma by their high school graduation.
(1) To provide an opportunity for Tennessee high school students to earn an initial technical credential or a semester of college credit by high school graduation, free of tuition and fees; and
(2) To encourage TCATs to establish technical middle college programs, in partnership with local education agencies, that permit students to earn an advanced technical certificate or diploma by their high school graduation.
(c) A high school student is eligible for a dual enrollment grant if the student: (1) Is a resident of this state, as classified pursuant to § 49-8-104 ; (2) Is admitted to an eligible postsecondary institution as a dual enrollment student, and if the student: (A) Is a junior or senior in high school; or (B) Has completed the eighth grade and is enrolled in a TCAT; and (3) Submits an application, as required by TSAC.
(1) Is a resident of this state, as classified pursuant to § 49-8-104 ;
(2) Is admitted to an eligible postsecondary institution as a dual enrollment student, and if the student: (A) Is a junior or senior in high school; or (B) Has completed the eighth grade and is enrolled in a TCAT; and
(A) Is a junior or senior in high school; or
(B) Has completed the eighth grade and is enrolled in a TCAT; and
(3) Submits an application, as required by TSAC.
(d) (1) A student may receive a dual enrollment grant for one (1) or more courses per semester at one (1) or more eligible postsecondary institutions. (2) To be eligible for a dual enrollment grant for a semester beyond the first semester of the student's receipt of a dual enrollment grant, the student must continue to meet all eligibility requirements for the grant and must achieve a minimum cumulative grade point average of 2.0 for all postsecondary courses attempted under a dual enrollment grant. (3) Notwithstanding subdivision (d)(2), a student enrolled in a clock hour course that is not completed within one (1) semester maintains eligibility for the grant in the subsequent semester if the student attends the number of clock hours required for grant disbursement for the course and continues to meet all eligibility requirements. Continuing eligibility under this subdivision (d)(3) is applicable to a student previously enrolled in a clock hour course who transfers to another eligible postsecondary institution in the subsequent semester.
(1) A student may receive a dual enrollment grant for one (1) or more courses per semester at one (1) or more eligible postsecondary institutions.
(2) To be eligible for a dual enrollment grant for a semester beyond the first semester of the student's receipt of a dual enrollment grant, the student must continue to meet all eligibility requirements for the grant and must achieve a minimum cumulative grade point average of 2.0 for all postsecondary courses attempted under a dual enrollment grant.
(3) Notwithstanding subdivision (d)(2), a student enrolled in a clock hour course that is not completed within one (1) semester maintains eligibility for the grant in the subsequent semester if the student attends the number of clock hours required for grant disbursement for the course and continues to meet all eligibility requirements. Continuing eligibility under this subdivision (d)(3) is applicable to a student previously enrolled in a clock hour course who transfers to another eligible postsecondary institution in the subsequent semester.
(e) A course attempted by a dual enrollment student does not count toward the limitation on receiving a Tennessee HOPE scholarship under § 49-4-913 .
(f) (1) If a dual enrollment student enrolls in an eligible public postsecondary institution after graduation from high school, then the eligible public postsecondary institution shall not deny credit toward an associate or baccalaureate degree for a college course taken as a dual enrollment student if the student successfully completed the course. If the dual enrollment course was not taken at the institution in which the student enrolls after graduation from high school, then the course must qualify for transfer credit. (2) Each TCAT shall reserve an enrollment slot for each dual enrollment student in the term immediately following the last term in which the student was enrolled in the TCAT as a dual enrollment student if space is available for the student at the TCAT in the program in which the student was previously enrolled. If space is unavailable in that term, then the student must be given enrollment priority when space becomes available at the TCAT in the program in which the student was previously enrolled. A TCAT may establish a deadline by which a dual enrollment student must indicate the student's intent to enroll in the term immediately following the student's last term as a dual enrollment student before the TCAT is required to reserve an enrollment slot for the student in accordance with this subdivision (f)(2).
(1) If a dual enrollment student enrolls in an eligible public postsecondary institution after graduation from high school, then the eligible public postsecondary institution shall not deny credit toward an associate or baccalaureate degree for a college course taken as a dual enrollment student if the student successfully completed the course. If the dual enrollment course was not taken at the institution in which the student enrolls after graduation from high school, then the course must qualify for transfer credit.
(2) Each TCAT shall reserve an enrollment slot for each dual enrollment student in the term immediately following the last term in which the student was enrolled in the TCAT as a dual enrollment student if space is available for the student at the TCAT in the program in which the student was previously enrolled. If space is unavailable in that term, then the student must be given enrollment priority when space becomes available at the TCAT in the program in which the student was previously enrolled. A TCAT may establish a deadline by which a dual enrollment student must indicate the student's intent to enroll in the term immediately following the student's last term as a dual enrollment student before the TCAT is required to reserve an enrollment slot for the student in accordance with this subdivision (f)(2).
(g) Subject to the amounts appropriated by the general assembly and any law relating to a shortfall in funds available for postsecondary financial assistance from the net proceeds of the state lottery: (1) A student who is eligible to receive a dual enrollment grant pursuant to this section is eligible to receive a dual enrollment grant for no more than: (A) One thousand two hundred ninety-six (1,296) clock hours at a TCAT; or (B) Ten (10) courses measured by semester hours at an eligible postsecondary institution that offers degrees; (2) The award for a dual enrollment course taken at a TCAT is the average tuition established annually by the board of regents for regular in-state students at Tennessee colleges of applied technology, plus an additional dual enrollment access fee of five percent (5%) of the average tuition; (3) For the first five (5) dual enrollment semester-hour courses taken at an eligible postsecondary institution, the award for a dual enrollment grant is the average tuition established annually by the board of regents for regular in-state students at community colleges, plus an additional dual enrollment access fee of five percent (5%) of the average tuition; (4) Notwithstanding subdivision (g)(3), the award for a course taken at an eligible postsecondary institution, as described in subdivisions (a)(3)(A) - (C), that is one (1) of a student's first five (5) dual enrollment courses, is the award described in subdivision (g)(2) if the course satisfies the requirements of a certificate or diploma program; (5) An eligible public postsecondary institution shall not charge a student receiving a dual enrollment grant under subdivisions (g)(2)-(4) tuition or fees in excess of the student's dual enrollment grant award, as established in the respective subdivision. However, an eligible public postsecondary institution may charge a student receiving a dual enrollment grant costs actually incurred by the institution on the student's behalf, including, but not limited to, book and material costs, digital book and material costs, special examination fees, industry certification fees, and board examination fees; (6) For a student's sixth through tenth dual enrollment semester-hour courses taken at an eligible postsecondary institution, TSAC shall determine the award per semester credit hour; and (7) Any increase in the tuition rate upon which the dual enrollment grant award is established pursuant to subdivisions (g)(2) and (g)(3) is subject to the binding range of allowable percentage adjustment for tuition as annually approved by THEC pursuant to § 49-7-202(n)(3)(A) .
(1) A student who is eligible to receive a dual enrollment grant pursuant to this section is eligible to receive a dual enrollment grant for no more than: (A) One thousand two hundred ninety-six (1,296) clock hours at a TCAT; or (B) Ten (10) courses measured by semester hours at an eligible postsecondary institution that offers degrees;
(A) One thousand two hundred ninety-six (1,296) clock hours at a TCAT; or
(B) Ten (10) courses measured by semester hours at an eligible postsecondary institution that offers degrees;
(2) The award for a dual enrollment course taken at a TCAT is the average tuition established annually by the board of regents for regular in-state students at Tennessee colleges of applied technology, plus an additional dual enrollment access fee of five percent (5%) of the average tuition;
(3) For the first five (5) dual enrollment semester-hour courses taken at an eligible postsecondary institution, the award for a dual enrollment grant is the average tuition established annually by the board of regents for regular in-state students at community colleges, plus an additional dual enrollment access fee of five percent (5%) of the average tuition;
(4) Notwithstanding subdivision (g)(3), the award for a course taken at an eligible postsecondary institution, as described in subdivisions (a)(3)(A) - (C), that is one (1) of a student's first five (5) dual enrollment courses, is the award described in subdivision (g)(2) if the course satisfies the requirements of a certificate or diploma program;
(5) An eligible public postsecondary institution shall not charge a student receiving a dual enrollment grant under subdivisions (g)(2)-(4) tuition or fees in excess of the student's dual enrollment grant award, as established in the respective subdivision. However, an eligible public postsecondary institution may charge a student receiving a dual enrollment grant costs actually incurred by the institution on the student's behalf, including, but not limited to, book and material costs, digital book and material costs, special examination fees, industry certification fees, and board examination fees;
(6) For a student's sixth through tenth dual enrollment semester-hour courses taken at an eligible postsecondary institution, TSAC shall determine the award per semester credit hour; and
(7) Any increase in the tuition rate upon which the dual enrollment grant award is established pursuant to subdivisions (g)(2) and (g)(3) is subject to the binding range of allowable percentage adjustment for tuition as annually approved by THEC pursuant to § 49-7-202(n)(3)(A) .
(h) TSAC may promulgate rules to establish award amounts at eligible postsecondary institutions and to otherwise effectuate the intent and purposes of this section. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Amended by 2024 Tenn. Acts, ch. 581,s 1, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 227, s 1, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 1116, s 3, eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 536, s 1, eff. 1/1/2022.
Amended by 2020 Tenn. Acts, ch. 794, Secs.s 45, s 46, s 47 eff. 8/1/2020.
Amended by 2020 Tenn. Acts, ch. 794, s 44, eff. 8/1/2020.
Amended by 2019 Tenn. Acts, ch. 482, s 1, eff. 7/1/2020.
Amended by 2019 Tenn. Acts, ch. 482, s 2, eff. 7/1/2020.
Amended by 2019 Tenn. Acts, ch. 463, s 1, eff. 7/1/2019.
Amended by 2019 Tenn. Acts, ch. 463, s 2, eff. 7/1/2020.
Amended by 2019 Tenn. Acts, ch. 203, s 2, eff. 7/1/2020.
Amended by 2017 Tenn. Acts, ch. 471, s 1, eff. 5/30/2017.
Amended by 2017 Tenn. Acts, ch. 328, s 5, eff. 5/9/2017.
Acts 2005, ch. 481, § 21; 2008 , ch. 1142, §§ 10, 26; 2011 , ch. 427, §§ 1, 2; 2011 , ch. 488, § 8.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
Tenn. Code Ann. § 49-8-301 — TN Code / Title 49 / Chapter 8 / Section 49-8-301
Authority of board
Status: in_force

(a) The board of regents and each state university board shall promulgate a tenure policy or policies for faculty at their respective institutions, which policy or policies shall ensure academic freedom and provide sufficient professional security to attract the best qualified faculty available for the institutions. (b) Pursuant to this part, the board shall: (1) Define the nature of tenure at institutions and the rights and responsibilities of faculty with tenure; (2) Determine the minimum qualifications and requirements for eligibility of faculty for tenure and the conditions precedent to the award of tenure by the board; (3) Provide for the termination of faculty with tenure by institutions for adequate cause, for retirement or disability and for financial reasons or curricular reasons in an institution in the discretion of the board or its designee; and (4) Provide for all other matters relating to tenure deemed necessary by the board. (c) (1) Tenure shall only be acquired by a faculty member in an institution upon positive approval by the board, and no other type of tenure or right similar to tenure shall be acquired by a faculty member. (2) Faculty with tenure shall be subject to all reasonable changes in the tenure policy adopted by the board; provided, that faculty who have previously been awarded tenure shall retain their tenured status under any new policy. Present faculty in probationary employment shall be given credit for service in an institution toward completion of any new probationary period. Amended by 2016 Tenn. Acts, ch. 869,s 23, eff. 7/1/2016. Acts 1976, ch. 839, § 2; T.C.A., § 49-3255.
(a) The board of regents and each state university board shall promulgate a tenure policy or policies for faculty at their respective institutions, which policy or policies shall ensure academic freedom and provide sufficient professional security to attract the best qualified faculty available for the institutions.
(b) Pursuant to this part, the board shall: (1) Define the nature of tenure at institutions and the rights and responsibilities of faculty with tenure; (2) Determine the minimum qualifications and requirements for eligibility of faculty for tenure and the conditions precedent to the award of tenure by the board; (3) Provide for the termination of faculty with tenure by institutions for adequate cause, for retirement or disability and for financial reasons or curricular reasons in an institution in the discretion of the board or its designee; and (4) Provide for all other matters relating to tenure deemed necessary by the board.
(1) Define the nature of tenure at institutions and the rights and responsibilities of faculty with tenure;
(2) Determine the minimum qualifications and requirements for eligibility of faculty for tenure and the conditions precedent to the award of tenure by the board;
(3) Provide for the termination of faculty with tenure by institutions for adequate cause, for retirement or disability and for financial reasons or curricular reasons in an institution in the discretion of the board or its designee; and
(4) Provide for all other matters relating to tenure deemed necessary by the board.
(c) (1) Tenure shall only be acquired by a faculty member in an institution upon positive approval by the board, and no other type of tenure or right similar to tenure shall be acquired by a faculty member. (2) Faculty with tenure shall be subject to all reasonable changes in the tenure policy adopted by the board; provided, that faculty who have previously been awarded tenure shall retain their tenured status under any new policy. Present faculty in probationary employment shall be given credit for service in an institution toward completion of any new probationary period.
(1) Tenure shall only be acquired by a faculty member in an institution upon positive approval by the board, and no other type of tenure or right similar to tenure shall be acquired by a faculty member.
(2) Faculty with tenure shall be subject to all reasonable changes in the tenure policy adopted by the board; provided, that faculty who have previously been awarded tenure shall retain their tenured status under any new policy. Present faculty in probationary employment shall be given credit for service in an institution toward completion of any new probationary period.
Amended by 2016 Tenn. Acts, ch. 869,s 23, eff. 7/1/2016.
Acts 1976, ch. 839, § 2; T.C.A., § 49-3255.
Tenn. Code Ann. § 49-13-139 — TN Code / Title 49 / Chapter 13 / Section 49-13-139
[Repealed]
Status: repealed

Repealed by 2019 Tenn. Acts, ch. 219,s 94, eff. 4/26/2019. Acts 2012, ch. 794, § 1.
Repealed by 2019 Tenn. Acts, ch. 219,s 94, eff. 4/26/2019.
Acts 2012, ch. 794, § 1.
Tenn. Code Ann. § 49-6-102 — TN Code / Title 49 / Chapter 6 / Section 49-6-102
Short title for Sections 49-6-103 - 49-6-110
Status: in_force

Sections 49-6-103 - 49-6-110 shall be known and may be cited as the "Voluntary Pre-K for Tennessee Act of 2005." Acts 2005, ch. 312, § 1.
Sections 49-6-103 - 49-6-110 shall be known and may be cited as the "Voluntary Pre-K for Tennessee Act of 2005."
Acts 2005, ch. 312, § 1.
Tenn. Code Ann. § 49-7-806 — TN Code / Title 49 / Chapter 7 / Section 49-7-806
Tuition contracts
Status: in_force

The board may enter into a tuition contract with a purchaser for the purchase of tuition units on behalf of a beneficiary through the educational services plan or for the creation and deposit of contributions to a savings account through the educational savings plan, or both; provided, that the total amount of contributions made to both plans on behalf of a single designated beneficiary does not exceed any limits imposed by the board pursuant to § 49-7-805 . Acts 1996, ch. 991, § 1; 1999, ch. 233, § 14.
The board may enter into a tuition contract with a purchaser for the purchase of tuition units on behalf of a beneficiary through the educational services plan or for the creation and deposit of contributions to a savings account through the educational savings plan, or both; provided, that the total amount of contributions made to both plans on behalf of a single designated beneficiary does not exceed any limits imposed by the board pursuant to § 49-7-805 .
Acts 1996, ch. 991, § 1; 1999, ch. 233, § 14.
Tenn. Code Ann. § 49-6-6015 — TN Code / Title 49 / Chapter 6 / Section 49-6-6015
Timed format for TCAP tests
Status: in_force

(a) Tennessee comprehensive assessment program (TCAP) tests may be administered to students in a timed format. The department of education shall establish the required time limit for each TCAP test and an optional additional time period that may be added to the required time limit for each test if requested by a student. (b) A test administrator may provide the additional time period at the request of the student or a parent of the student. The optional additional time period must be used consecutively to the required time limit for each test. Notwithstanding this section to the contrary, the administrator shall not provide the optional additional time period if the optional additional time period would invalidate the results of the test. (c) This section does not supersede an LEA or public charter school's obligation to comply with the federal Individuals with Disabilities Education Act ( 20 U.S.C. § 1400 et seq.), or Section 504 of the Rehabilitation Act ( 29 U.S.C. § 794 ). Added by 2022 Tenn. Acts, ch. 978,s 1, eff. 5/3/2022.
(a) Tennessee comprehensive assessment program (TCAP) tests may be administered to students in a timed format. The department of education shall establish the required time limit for each TCAP test and an optional additional time period that may be added to the required time limit for each test if requested by a student.
(b) A test administrator may provide the additional time period at the request of the student or a parent of the student. The optional additional time period must be used consecutively to the required time limit for each test. Notwithstanding this section to the contrary, the administrator shall not provide the optional additional time period if the optional additional time period would invalidate the results of the test.
(c) This section does not supersede an LEA or public charter school's obligation to comply with the federal Individuals with Disabilities Education Act ( 20 U.S.C. § 1400 et seq.), or Section 504 of the Rehabilitation Act ( 29 U.S.C. § 794 ).
Added by 2022 Tenn. Acts, ch. 978,s 1, eff. 5/3/2022.
Tenn. Code Ann. § 49-1-603 — TN Code / Title 49 / Chapter 1 / Section 49-1-603
Value added assessment system
Status: in_force

(a) "Value added assessment" means: (1) A statistical system for educational outcome assessment that uses measures of student learning to enable the estimation of teacher, school and school district statistical distributions; and (2) The statistical system will use available and appropriate data as input to account for differences in prior student attainment, such that the impact that the teacher, school and school district have on the educational progress of students may be estimated on a student attainment constant basis. The impact that a teacher, school or school district has on the progress, or lack of progress, in educational advancement or learning of a student is referred to hereafter as the "effect" of the teacher, school, or school district on the educational progress of students. (b) The statistical system shall have the capability of providing mixed model methodologies that provide for best linear unbiased prediction for the teacher, school and school district effects on the educational progress of students. It must have the capability of adequately providing these estimates for the traditional classroom of one (1) teacher teaching multiple subjects to the same group of students, as well as team taught groups of students or other teaching situations, as appropriate. (c) The metrics chosen to measure student learning must be linear scales covering the total range of topics covered in the approved academic standards to minimize ceiling and floor effects. These metrics should have strong relationship to the core academic standards for the applicable grade level and subject. Amended by 2016 Tenn. Acts, ch. 999,s 2, eff. 4/27/2016. Acts 1992, ch. 535, § 4.
(a) "Value added assessment" means: (1) A statistical system for educational outcome assessment that uses measures of student learning to enable the estimation of teacher, school and school district statistical distributions; and (2) The statistical system will use available and appropriate data as input to account for differences in prior student attainment, such that the impact that the teacher, school and school district have on the educational progress of students may be estimated on a student attainment constant basis. The impact that a teacher, school or school district has on the progress, or lack of progress, in educational advancement or learning of a student is referred to hereafter as the "effect" of the teacher, school, or school district on the educational progress of students.
(1) A statistical system for educational outcome assessment that uses measures of student learning to enable the estimation of teacher, school and school district statistical distributions; and
(2) The statistical system will use available and appropriate data as input to account for differences in prior student attainment, such that the impact that the teacher, school and school district have on the educational progress of students may be estimated on a student attainment constant basis. The impact that a teacher, school or school district has on the progress, or lack of progress, in educational advancement or learning of a student is referred to hereafter as the "effect" of the teacher, school, or school district on the educational progress of students.
(b) The statistical system shall have the capability of providing mixed model methodologies that provide for best linear unbiased prediction for the teacher, school and school district effects on the educational progress of students. It must have the capability of adequately providing these estimates for the traditional classroom of one (1) teacher teaching multiple subjects to the same group of students, as well as team taught groups of students or other teaching situations, as appropriate.
(c) The metrics chosen to measure student learning must be linear scales covering the total range of topics covered in the approved academic standards to minimize ceiling and floor effects. These metrics should have strong relationship to the core academic standards for the applicable grade level and subject.
Amended by 2016 Tenn. Acts, ch. 999,s 2, eff. 4/27/2016.
Acts 1992, ch. 535, § 4.
Tenn. Code Ann. § 49-6-1001 — TN Code / Title 49 / Chapter 6 / Section 49-6-1001
Flag - Recitation of the Pledge of Allegiance - Display of flag
Status: in_force

(a) All boards of education shall direct and all teachers employed by the public schools shall give instructions to the pupils of the schools, and shall have the pupils study as a part of the curriculum, the uses, purposes and methods of displaying the American flag and other patriotic emblems, and the history and usage of the pledge of allegiance to the flag of the United States of America. (b) In recognition of the civic heritage of the United States of America, all students shall be required to learn the Pledge of Allegiance and to demonstrate such knowledge. (c) (1) Each board of education shall require the daily recitation of the Pledge of Allegiance in each classroom in the school system in which a flag is displayed. Each LEA is encouraged to have a flag in each classroom and patriotic, fraternal and other organizations or individuals are encouraged to donate flags to schools to enable them to have the flag of the United States of America present in each classroom. Each board of education shall determine the appropriate time during the school day for the recitation of the Pledge of Allegiance. At the time designated for the recitation of the Pledge of Allegiance, students shall stand and recite the Pledge of Allegiance while facing the flag with their right hands over their hearts or in an appropriate salute if in uniform; provided, however, that no student shall be compelled to recite the Pledge of Allegiance if the student or the student's parent or legal guardian objects on religious, philosophical or other grounds to the student participating in such exercise. Students who are thus exempt from reciting the pledge of allegiance shall remain quietly standing or sitting at their desks while others recite the Pledge of Allegiance and shall make no display that disrupts or distracts others who are reciting the Pledge of Allegiance. Teachers or other school staff who have religious, philosophical or other grounds for objecting are likewise exempt from leading or participating in the exercise. If a teacher chooses not to lead the Pledge, another suitable person shall be designated either by the teacher or principal to lead the class. Each board of education shall provide appropriate accommodations for students, teachers or other staff who are unable to comply with the procedures described in this subdivision (c)(1) due to disability. (2) The board of education's code of conduct shall apply to disruptive behavior during the recitation of the Pledge of Allegiance in the same manner as provided for other circumstances of such behavior. (d) (1) To promote compliance with constitutional restrictions, as well as observance of constitutional rights, the state board of education shall, in consultation with the attorney general and reporter, develop guidelines on constitutional rights and restrictions relating to the recitation of the Pledge of Allegiance to the American flag in public schools. (2) The state board of education's guidelines shall include, but shall not be limited to, provisions that address the following: (A) The initiative and involvement of local boards of education and individual schools, administrators, teachers and students; (B) The propriety and constitutionality of any recitation or participation requirements; (C) Appropriate etiquette and conventions for respecting the dignity and appropriate display of the flag of the United States; and (D) Relevant state and federal constitutional concerns, such as freedom of speech and religion. (e) All displays of the flag of the United States on school property and at school events shall conform to the manner of display as prescribed in federal law, 4 U.S.C. §§ 1 - 10 , and taught in the public schools pursuant to subsection (a). A local board of education shall permit the display of the flag of the United States on school property or at a school event; provided, that the flag is properly displayed according to federal law. Amended by 2016 Tenn. Acts, ch. 754, s 1, eff. 4/12/2016. Acts 1929, ch. 83, § 1; Code 1932, § 2508; T.C.A. (orig. ed.), § 49-1909; Acts 1999, ch. 312, § 1; 2002, ch. 841, § 1.
(a) All boards of education shall direct and all teachers employed by the public schools shall give instructions to the pupils of the schools, and shall have the pupils study as a part of the curriculum, the uses, purposes and methods of displaying the American flag and other patriotic emblems, and the history and usage of the pledge of allegiance to the flag of the United States of America.
(b) In recognition of the civic heritage of the United States of America, all students shall be required to learn the Pledge of Allegiance and to demonstrate such knowledge.
(c) (1) Each board of education shall require the daily recitation of the Pledge of Allegiance in each classroom in the school system in which a flag is displayed. Each LEA is encouraged to have a flag in each classroom and patriotic, fraternal and other organizations or individuals are encouraged to donate flags to schools to enable them to have the flag of the United States of America present in each classroom. Each board of education shall determine the appropriate time during the school day for the recitation of the Pledge of Allegiance. At the time designated for the recitation of the Pledge of Allegiance, students shall stand and recite the Pledge of Allegiance while facing the flag with their right hands over their hearts or in an appropriate salute if in uniform; provided, however, that no student shall be compelled to recite the Pledge of Allegiance if the student or the student's parent or legal guardian objects on religious, philosophical or other grounds to the student participating in such exercise. Students who are thus exempt from reciting the pledge of allegiance shall remain quietly standing or sitting at their desks while others recite the Pledge of Allegiance and shall make no display that disrupts or distracts others who are reciting the Pledge of Allegiance. Teachers or other school staff who have religious, philosophical or other grounds for objecting are likewise exempt from leading or participating in the exercise. If a teacher chooses not to lead the Pledge, another suitable person shall be designated either by the teacher or principal to lead the class. Each board of education shall provide appropriate accommodations for students, teachers or other staff who are unable to comply with the procedures described in this subdivision (c)(1) due to disability. (2) The board of education's code of conduct shall apply to disruptive behavior during the recitation of the Pledge of Allegiance in the same manner as provided for other circumstances of such behavior.
(1) Each board of education shall require the daily recitation of the Pledge of Allegiance in each classroom in the school system in which a flag is displayed. Each LEA is encouraged to have a flag in each classroom and patriotic, fraternal and other organizations or individuals are encouraged to donate flags to schools to enable them to have the flag of the United States of America present in each classroom. Each board of education shall determine the appropriate time during the school day for the recitation of the Pledge of Allegiance. At the time designated for the recitation of the Pledge of Allegiance, students shall stand and recite the Pledge of Allegiance while facing the flag with their right hands over their hearts or in an appropriate salute if in uniform; provided, however, that no student shall be compelled to recite the Pledge of Allegiance if the student or the student's parent or legal guardian objects on religious, philosophical or other grounds to the student participating in such exercise. Students who are thus exempt from reciting the pledge of allegiance shall remain quietly standing or sitting at their desks while others recite the Pledge of Allegiance and shall make no display that disrupts or distracts others who are reciting the Pledge of Allegiance. Teachers or other school staff who have religious, philosophical or other grounds for objecting are likewise exempt from leading or participating in the exercise. If a teacher chooses not to lead the Pledge, another suitable person shall be designated either by the teacher or principal to lead the class. Each board of education shall provide appropriate accommodations for students, teachers or other staff who are unable to comply with the procedures described in this subdivision (c)(1) due to disability.
(2) The board of education's code of conduct shall apply to disruptive behavior during the recitation of the Pledge of Allegiance in the same manner as provided for other circumstances of such behavior.
(d) (1) To promote compliance with constitutional restrictions, as well as observance of constitutional rights, the state board of education shall, in consultation with the attorney general and reporter, develop guidelines on constitutional rights and restrictions relating to the recitation of the Pledge of Allegiance to the American flag in public schools. (2) The state board of education's guidelines shall include, but shall not be limited to, provisions that address the following: (A) The initiative and involvement of local boards of education and individual schools, administrators, teachers and students; (B) The propriety and constitutionality of any recitation or participation requirements; (C) Appropriate etiquette and conventions for respecting the dignity and appropriate display of the flag of the United States; and (D) Relevant state and federal constitutional concerns, such as freedom of speech and religion.
(1) To promote compliance with constitutional restrictions, as well as observance of constitutional rights, the state board of education shall, in consultation with the attorney general and reporter, develop guidelines on constitutional rights and restrictions relating to the recitation of the Pledge of Allegiance to the American flag in public schools.
(2) The state board of education's guidelines shall include, but shall not be limited to, provisions that address the following: (A) The initiative and involvement of local boards of education and individual schools, administrators, teachers and students; (B) The propriety and constitutionality of any recitation or participation requirements; (C) Appropriate etiquette and conventions for respecting the dignity and appropriate display of the flag of the United States; and (D) Relevant state and federal constitutional concerns, such as freedom of speech and religion.
(A) The initiative and involvement of local boards of education and individual schools, administrators, teachers and students;
(B) The propriety and constitutionality of any recitation or participation requirements;
(C) Appropriate etiquette and conventions for respecting the dignity and appropriate display of the flag of the United States; and
(D) Relevant state and federal constitutional concerns, such as freedom of speech and religion.
(e) All displays of the flag of the United States on school property and at school events shall conform to the manner of display as prescribed in federal law, 4 U.S.C. §§ 1 - 10 , and taught in the public schools pursuant to subsection (a). A local board of education shall permit the display of the flag of the United States on school property or at a school event; provided, that the flag is properly displayed according to federal law.
Amended by 2016 Tenn. Acts, ch. 754, s 1, eff. 4/12/2016.
Acts 1929, ch. 83, § 1; Code 1932, § 2508; T.C.A. (orig. ed.), § 49-1909; Acts 1999, ch. 312, § 1; 2002, ch. 841, § 1.
Tenn. Code Ann. § 49-6-2702 — TN Code / Title 49 / Chapter 6 / Section 49-6-2702
Request for law enforcement or court records upon determination that individual poses threat or exhibits significantly disruptive behavior or need for assistance - Use of information - Disclosure of student's education record
Status: in_force

(a) (1) Upon a preliminary determination by the threat assessment team that an individual poses a threat of violence or exhibits significantly disruptive behavior or need for assistance, the threat assessment team may: (A) Request law enforcement information or records, which may be provided as deemed appropriate by the law enforcement agency in accordance with state and federal privacy laws; and (B) Request court files and records, which may be provided as deemed appropriate by the juvenile court pursuant to § 37-1-153 . (2) A member of a threat assessment team shall not disclose any court files or records obtained pursuant to this section or otherwise use any record of an individual beyond the purpose for which the disclosure was made. This section does not require a law enforcement agency or juvenile court to produce a record or limit a law enforcement agency's or juvenile court's discretion. (3) Law enforcement and juvenile justice information obtained pursuant to this part cannot be used: (A) To discipline or exclude a child from educational services unless the information is provided to a school pursuant to § 37-1-131(a)(2)(B) ; or (B) By a juvenile court system to assess legal consequences against a person for any action, unless the information is brought before the juvenile court pursuant to a properly filed petition and addressed through the proper court proceedings in accordance with title 37, chapter 1. (b) An LEA may disclose information contained in a student's education record to appropriate parties, including members of the threat assessment team and the members' respective agencies, in the event of an emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals. Any disclosure under this subsection (b) must comply with the Family Educational Rights and Privacy Act (FERPA) ( 20 U.S.C. 1232g ), § 10-7-504 , the Data Accessibility, Transparency and Accountability Act, compiled in chapter 1, part 7 of this title, and all other relevant state and federal privacy laws. This section does not limit an LEA's ability to disclose information to the fullest extent otherwise permitted by state or federal law. (c) Agencies, entities, and individuals subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) ( 42 U.S.C. § 1320d et seq.) may disclose information contained in a medical record to the threat assessment team if the agency, entity, or individual believes that the disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public. Any disclosure under this subsection (c) must comply with HIPAA. Nothing in this subsection (c) limits an agency's, entity's or individual's ability to disclose information to the fullest extent otherwise permitted by state or federal law. (d) The threat assessment team shall certify to any agency or individual providing confidential information that the information will not be disclosed to any other party, except as provided by law. The agency providing the information to the threat assessment team shall retain ownership of the information provided, and such information remains subject to any confidentiality laws applicable to the agency. The provision of information to the threat assessment team does not waive any applicable confidentiality standards. Confidential information may be shared with the threat assessment team only as necessary to protect the safety of the individual or others. Nothing in this part compels an agency or individual to share records or information unless required by law. Acts 2019, ch. 394, § 1.
(a) (1) Upon a preliminary determination by the threat assessment team that an individual poses a threat of violence or exhibits significantly disruptive behavior or need for assistance, the threat assessment team may: (A) Request law enforcement information or records, which may be provided as deemed appropriate by the law enforcement agency in accordance with state and federal privacy laws; and (B) Request court files and records, which may be provided as deemed appropriate by the juvenile court pursuant to § 37-1-153 . (2) A member of a threat assessment team shall not disclose any court files or records obtained pursuant to this section or otherwise use any record of an individual beyond the purpose for which the disclosure was made. This section does not require a law enforcement agency or juvenile court to produce a record or limit a law enforcement agency's or juvenile court's discretion. (3) Law enforcement and juvenile justice information obtained pursuant to this part cannot be used: (A) To discipline or exclude a child from educational services unless the information is provided to a school pursuant to § 37-1-131(a)(2)(B) ; or (B) By a juvenile court system to assess legal consequences against a person for any action, unless the information is brought before the juvenile court pursuant to a properly filed petition and addressed through the proper court proceedings in accordance with title 37, chapter 1.
(1) Upon a preliminary determination by the threat assessment team that an individual poses a threat of violence or exhibits significantly disruptive behavior or need for assistance, the threat assessment team may: (A) Request law enforcement information or records, which may be provided as deemed appropriate by the law enforcement agency in accordance with state and federal privacy laws; and (B) Request court files and records, which may be provided as deemed appropriate by the juvenile court pursuant to § 37-1-153 .
(A) Request law enforcement information or records, which may be provided as deemed appropriate by the law enforcement agency in accordance with state and federal privacy laws; and
(B) Request court files and records, which may be provided as deemed appropriate by the juvenile court pursuant to § 37-1-153 .
(2) A member of a threat assessment team shall not disclose any court files or records obtained pursuant to this section or otherwise use any record of an individual beyond the purpose for which the disclosure was made. This section does not require a law enforcement agency or juvenile court to produce a record or limit a law enforcement agency's or juvenile court's discretion.
(3) Law enforcement and juvenile justice information obtained pursuant to this part cannot be used: (A) To discipline or exclude a child from educational services unless the information is provided to a school pursuant to § 37-1-131(a)(2)(B) ; or (B) By a juvenile court system to assess legal consequences against a person for any action, unless the information is brought before the juvenile court pursuant to a properly filed petition and addressed through the proper court proceedings in accordance with title 37, chapter 1.
(A) To discipline or exclude a child from educational services unless the information is provided to a school pursuant to § 37-1-131(a)(2)(B) ; or
(B) By a juvenile court system to assess legal consequences against a person for any action, unless the information is brought before the juvenile court pursuant to a properly filed petition and addressed through the proper court proceedings in accordance with title 37, chapter 1.
(b) An LEA may disclose information contained in a student's education record to appropriate parties, including members of the threat assessment team and the members' respective agencies, in the event of an emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals. Any disclosure under this subsection (b) must comply with the Family Educational Rights and Privacy Act (FERPA) ( 20 U.S.C. 1232g ), § 10-7-504 , the Data Accessibility, Transparency and Accountability Act, compiled in chapter 1, part 7 of this title, and all other relevant state and federal privacy laws. This section does not limit an LEA's ability to disclose information to the fullest extent otherwise permitted by state or federal law.
(c) Agencies, entities, and individuals subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) ( 42 U.S.C. § 1320d et seq.) may disclose information contained in a medical record to the threat assessment team if the agency, entity, or individual believes that the disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public. Any disclosure under this subsection (c) must comply with HIPAA. Nothing in this subsection (c) limits an agency's, entity's or individual's ability to disclose information to the fullest extent otherwise permitted by state or federal law.
(d) The threat assessment team shall certify to any agency or individual providing confidential information that the information will not be disclosed to any other party, except as provided by law. The agency providing the information to the threat assessment team shall retain ownership of the information provided, and such information remains subject to any confidentiality laws applicable to the agency. The provision of information to the threat assessment team does not waive any applicable confidentiality standards. Confidential information may be shared with the threat assessment team only as necessary to protect the safety of the individual or others. Nothing in this part compels an agency or individual to share records or information unless required by law.
Acts 2019, ch. 394, § 1.
Tenn. Code Ann. § 49-1-1105 — TN Code / Title 49 / Chapter 1 / Section 49-1-1105
Criminal violations
Status: in_force

(a) Any person or entity operating a child care program without being certified by the department or who continues to operate such program while a suspension of the certificate is in effect, or who operates a child care program following the effective date of a denial or revocation of a certificate, commits a Class A misdemeanor. (b) Each day of operation without an effective certificate constitutes a separate offense. (c) (1) It is unlawful for any person who is an operator, certificate holder or employee of a child care program to make any statement, whether written or verbal, to a parent or guardian of a child in the care of such program, to any state or local official having jurisdiction over such program, or to any law enforcement officer, knowing the statement is false, including, but not limited to, statements regarding: (A) The number of children in the child care program; (B) The area of the child care program used for child care; or (C) The credentials, licensure or qualification of any care giver, employee, substitute or volunteer of the child care program. (2) In order for subdivision (c)(1) to apply, the falsity of the statement must place at risk the health or safety of a child in the care of the child care program. (3) A violation of subdivision (c)(1) is a Class A misdemeanor. (4) This subsection (c) includes statements made in any child care program certificate application that misrepresents or conceals a material fact that would have resulted in the certificate being denied. (5) In addition to any punishment authorized under this subsection (c), the department may also take any certificate action authorized under this part. Acts 2000, ch. 981, § 45.
(a) Any person or entity operating a child care program without being certified by the department or who continues to operate such program while a suspension of the certificate is in effect, or who operates a child care program following the effective date of a denial or revocation of a certificate, commits a Class A misdemeanor.
(b) Each day of operation without an effective certificate constitutes a separate offense.
(c) (1) It is unlawful for any person who is an operator, certificate holder or employee of a child care program to make any statement, whether written or verbal, to a parent or guardian of a child in the care of such program, to any state or local official having jurisdiction over such program, or to any law enforcement officer, knowing the statement is false, including, but not limited to, statements regarding: (A) The number of children in the child care program; (B) The area of the child care program used for child care; or (C) The credentials, licensure or qualification of any care giver, employee, substitute or volunteer of the child care program. (2) In order for subdivision (c)(1) to apply, the falsity of the statement must place at risk the health or safety of a child in the care of the child care program. (3) A violation of subdivision (c)(1) is a Class A misdemeanor. (4) This subsection (c) includes statements made in any child care program certificate application that misrepresents or conceals a material fact that would have resulted in the certificate being denied. (5) In addition to any punishment authorized under this subsection (c), the department may also take any certificate action authorized under this part.
(1) It is unlawful for any person who is an operator, certificate holder or employee of a child care program to make any statement, whether written or verbal, to a parent or guardian of a child in the care of such program, to any state or local official having jurisdiction over such program, or to any law enforcement officer, knowing the statement is false, including, but not limited to, statements regarding: (A) The number of children in the child care program; (B) The area of the child care program used for child care; or (C) The credentials, licensure or qualification of any care giver, employee, substitute or volunteer of the child care program.
(A) The number of children in the child care program;
(B) The area of the child care program used for child care; or
(C) The credentials, licensure or qualification of any care giver, employee, substitute or volunteer of the child care program.
(2) In order for subdivision (c)(1) to apply, the falsity of the statement must place at risk the health or safety of a child in the care of the child care program.
(3) A violation of subdivision (c)(1) is a Class A misdemeanor.
(4) This subsection (c) includes statements made in any child care program certificate application that misrepresents or conceals a material fact that would have resulted in the certificate being denied.
(5) In addition to any punishment authorized under this subsection (c), the department may also take any certificate action authorized under this part.
Acts 2000, ch. 981, § 45.
Tenn. Code Ann. § 49-50-607 — TN Code / Title 49 / Chapter 50 / Section 49-50-607
Policy statement
Status: in_force

The committee shall adopt a statement of policy to be followed by the program administrator in the administration of the legislative intern program and for the guidance of legislative offices and committees desiring to utilize the services of legislative interns. Acts 1972, ch. 706, § 8; 1973, ch. 147, § 5; modified; T.C.A., § 49-4708(3).
The committee shall adopt a statement of policy to be followed by the program administrator in the administration of the legislative intern program and for the guidance of legislative offices and committees desiring to utilize the services of legislative interns.
Acts 1972, ch. 706, § 8; 1973, ch. 147, § 5; modified; T.C.A., § 49-4708(3).
Tenn. Code Ann. § 49-8-1203 — TN Code / Title 49 / Chapter 8 / Section 49-8-1203
Types of programs
Status: in_force

The Southwest Tennessee Community College is authorized to provide comprehensive one- and two-year occupational, college parallel, continuing education and community service programs. Acts 1999, ch. 510, § 2; 2009, ch. 352, § 6.
The Southwest Tennessee Community College is authorized to provide comprehensive one- and two-year occupational, college parallel, continuing education and community service programs.
Acts 1999, ch. 510, § 2; 2009, ch. 352, § 6.
Tenn. Code Ann. § 49-50-1303 — TN Code / Title 49 / Chapter 50 / Section 49-50-1303
[Repealed]
Status: repealed

Repealed by 2018 Tenn. Acts, ch. 932, s 1, eff. 7/1/2018. Acts 1986, ch. 801, § 3.
Repealed by 2018 Tenn. Acts, ch. 932, s 1, eff. 7/1/2018.
Acts 1986, ch. 801, § 3.
Tenn. Code Ann. § 49-7-102 — TN Code / Title 49 / Chapter 7 / Section 49-7-102
Waiver of fees and tuition for dependents of POWs or deceased veterans - Requirements
Status: in_force

(a) Except as provided in subsection (e), every dependent child in this state under twenty-three (23) years of age, whose parent was killed, died as a direct result of injuries received or has been officially reported as being either a prisoner of war or missing in action while serving honorably as a member of the United States armed forces during a qualifying period of armed conflict or was formerly a prisoner of war or missing in action under such circumstances, or the spouse of such veteran, is entitled to a waiver of tuition, maintenance fees, student activity fees and required registration or matriculation fees and shall be admitted without cost to any of the institutions of higher education owned, operated and maintained by the state. (b) (1) To be eligible for the educational assistance benefits established by this section, the dependent child or spouse shall: (A) Present official certification from the United States government that the parent (father or mother) or spouse veteran was killed or died as a direct result of injuries received while serving honorably as a member of the United States armed forces during a qualifying period of armed conflict; (B) Present official certification from the United States government that the parent (father or mother) or spouse veteran has been officially reported as being a prisoner of war or missing in action while serving honorably as a member of the United States armed forces during a qualifying period of armed conflict or was formerly a prisoner of war or missing in action under such circumstances as appropriate; or (C) Present certificate of release or discharge from active duty, department of defense form 214 (DD 214), for the veteran or service member from whom the eligibility for the benefits established by this section derives. (2) The deceased veteran, prisoner of war or missing in action service member from whom eligibility derives shall have been a citizen of this state at the time the veteran was killed, at the time the fatal injury was sustained by the veteran or at the time the service member was officially reported as being a prisoner of war or missing in action. The former prisoner of war from whom eligibility derives shall be a citizen of this state at the time the person's dependent child or spouse applies for the educational assistance benefits established by this section. (3) The dependent child or spouse, prior to receiving the educational assistance benefits established by this section, shall have or possess the necessary qualifications required for admission to the appropriate state institution of higher education. To maintain eligibility for benefits, the dependent child or spouse shall be in active pursuit of a specific and declared degree or certificate program at the institution. (4) A veteran's spouse's eligibility for the educational assistance benefits established by this section shall terminate ten (10) years after the death of the veteran from whom the eligibility for benefits derives; provided, that a veteran's spouse's eligibility for benefits shall terminate immediately upon the person's remarriage within the ten-year period. (5) In cases where a student qualifies for the educational assistance benefits established by this section after the student has paid tuition and fees for a term, there shall be no refund of any moneys by the institution of higher education, including, but not limited to, paid tuition and fees. (c) As used in this section, unless the context otherwise requires: (1) "Dependent child" means a natural or adopted child or stepchild of a veteran or service member whom the veteran or service member claims as a dependent for federal income tax purposes; (2) "Parent" means the father or mother of a natural or adopted child or stepchild whom the parent claims as a dependent for federal income tax purposes; (3) "Qualifying period of armed conflict" means any hostile military operation for which the following United States military campaign medals are individually authorized: (A) Armed Forces Expeditionary Medal; (B) Navy Expeditionary Medal; (C) Marine Corps Expeditionary Medal; (D) Combat Action Ribbon (Navy, Marine Corps and Coast Guard); (E) Army Combat Infantryman Badge; (F) Kosovo Campaign Medal with at least one (1) bronze star appurtenance for specific military campaign participation by the veteran; (G) Southwest Asia Service Medal with at least one (1) bronze star appurtenance for specific military campaign participation by the veteran; (H) Vietnam Service Medal with at least one (1) bronze star appurtenance for specific military campaign participation by the veteran; (I) United States Department of Defense Prisoner of War Medal for former prisoners of war; (J) Global War on Terrorism Expeditionary Medal; (K) Air Force Expeditionary Medal; (L) Combat Medic Badge; (M) Afghanistan Campaign Medal; (N) Iraq Campaign Medal; (O) Army Combat Action Badge; and (P) Navy Submarine Combat Patrol & SSBN Deterrent Patrol Insignia; (4) "Served honorably" means the character of service condition as reported on certificate of release or discharge from active duty, department of defense form 214; (5) "Service member" means a Tennessee resident who is engaged in active military service of the United States; (6) "State institution of higher education" means any postsecondary institution operated by the board of trustees of the University of Tennessee system or the board of regents that offers courses of instruction leading to a certificate or degree; and (7) "Veteran" means a Tennessee resident who has entered and served honorably in the United States armed forces. (d) This section shall apply to all state institutions of higher education beginning with the next registration or enrollment period for the next complete term after July 1, 2000. (e) The age limitation provided for dependent children in subsection (a) shall not be strictly applied. To be eligible for the educational assistance benefits established by this section, a dependent child shall be matriculated as a full-time student at a state institution of higher education prior to attaining twenty-three (23) years of age. Once declared eligible, a dependent child shall remain eligible until one (1) of the following events has occurred: (1) Prior to attaining twenty-three (23) years of age, the dependent child earns an undergraduate degree or certificate; (2) The dependent child has earned one hundred thirty-five (135) semester hours, or the equivalent, excluding required remedial or developmental hours; or (3) The dependent child has attempted one hundred fifty (150) semester hours, or the equivalent, inclusive of required remedial or developmental hours. (f) A spouse eligible for the benefits established by this section shall complete an undergraduate degree or certificate program within the ten-year period established by subdivision (b)(4); provided, that the spouse's eligibility shall extend to the end of the term in which the ten-year period expires. A spouse who has previously earned an undergraduate degree or certificate shall not be eligible for benefits. Otherwise, the spouse shall be eligible for benefits until one (1) of the following events has occurred: (1) Prior to the expiration of benefits, the spouse earns an undergraduate degree or certificate; (2) The spouse has earned one hundred thirty-five (135) semester hours, or the equivalent, excluding required remedial or developmental hours; or (3) The spouse has attempted one hundred fifty (150) semester hours, or the equivalent, inclusive of required remedial or developmental hours. (g) (1) All public institutions of higher education shall publish notice of the veterans' dependents' education benefit program pursuant to this section in their catalogs and schedules of classes. (2) Inclusion of the information shall be subject to annual review by the veterans' education division of the Tennessee higher education commission. Amended by 2013 Tenn. Acts, ch. 473,s 14, eff. 7/1/2013. Acts 1957, ch. 198, §§ 1-3; 1969, ch. 24, § 1; 1972, ch. 614, § 1; 1972, ch. 754, §§ 1-3; T.C.A., §§ 49-3222, 49-3245 -- 49-3247; Acts 1989, ch. 151, §§ 1, 2; 2000, ch. 767, § 2; 2001, ch. 293, §§ 2 - 6; 2002, ch. 788, §§ 1 - 3; 2004, ch. 467, § 1; 2004, ch. 469, §§ 1, 2; 2006, ch. 544, § 1; 2007, ch. 62, §§ 1 - 8; 2008, ch. 855, §§ 1, 2.
(a) Except as provided in subsection (e), every dependent child in this state under twenty-three (23) years of age, whose parent was killed, died as a direct result of injuries received or has been officially reported as being either a prisoner of war or missing in action while serving honorably as a member of the United States armed forces during a qualifying period of armed conflict or was formerly a prisoner of war or missing in action under such circumstances, or the spouse of such veteran, is entitled to a waiver of tuition, maintenance fees, student activity fees and required registration or matriculation fees and shall be admitted without cost to any of the institutions of higher education owned, operated and maintained by the state.
(b) (1) To be eligible for the educational assistance benefits established by this section, the dependent child or spouse shall: (A) Present official certification from the United States government that the parent (father or mother) or spouse veteran was killed or died as a direct result of injuries received while serving honorably as a member of the United States armed forces during a qualifying period of armed conflict; (B) Present official certification from the United States government that the parent (father or mother) or spouse veteran has been officially reported as being a prisoner of war or missing in action while serving honorably as a member of the United States armed forces during a qualifying period of armed conflict or was formerly a prisoner of war or missing in action under such circumstances as appropriate; or (C) Present certificate of release or discharge from active duty, department of defense form 214 (DD 214), for the veteran or service member from whom the eligibility for the benefits established by this section derives. (2) The deceased veteran, prisoner of war or missing in action service member from whom eligibility derives shall have been a citizen of this state at the time the veteran was killed, at the time the fatal injury was sustained by the veteran or at the time the service member was officially reported as being a prisoner of war or missing in action. The former prisoner of war from whom eligibility derives shall be a citizen of this state at the time the person's dependent child or spouse applies for the educational assistance benefits established by this section. (3) The dependent child or spouse, prior to receiving the educational assistance benefits established by this section, shall have or possess the necessary qualifications required for admission to the appropriate state institution of higher education. To maintain eligibility for benefits, the dependent child or spouse shall be in active pursuit of a specific and declared degree or certificate program at the institution. (4) A veteran's spouse's eligibility for the educational assistance benefits established by this section shall terminate ten (10) years after the death of the veteran from whom the eligibility for benefits derives; provided, that a veteran's spouse's eligibility for benefits shall terminate immediately upon the person's remarriage within the ten-year period. (5) In cases where a student qualifies for the educational assistance benefits established by this section after the student has paid tuition and fees for a term, there shall be no refund of any moneys by the institution of higher education, including, but not limited to, paid tuition and fees.
(1) To be eligible for the educational assistance benefits established by this section, the dependent child or spouse shall: (A) Present official certification from the United States government that the parent (father or mother) or spouse veteran was killed or died as a direct result of injuries received while serving honorably as a member of the United States armed forces during a qualifying period of armed conflict; (B) Present official certification from the United States government that the parent (father or mother) or spouse veteran has been officially reported as being a prisoner of war or missing in action while serving honorably as a member of the United States armed forces during a qualifying period of armed conflict or was formerly a prisoner of war or missing in action under such circumstances as appropriate; or (C) Present certificate of release or discharge from active duty, department of defense form 214 (DD 214), for the veteran or service member from whom the eligibility for the benefits established by this section derives.
(A) Present official certification from the United States government that the parent (father or mother) or spouse veteran was killed or died as a direct result of injuries received while serving honorably as a member of the United States armed forces during a qualifying period of armed conflict;
(B) Present official certification from the United States government that the parent (father or mother) or spouse veteran has been officially reported as being a prisoner of war or missing in action while serving honorably as a member of the United States armed forces during a qualifying period of armed conflict or was formerly a prisoner of war or missing in action under such circumstances as appropriate; or
(C) Present certificate of release or discharge from active duty, department of defense form 214 (DD 214), for the veteran or service member from whom the eligibility for the benefits established by this section derives.
(2) The deceased veteran, prisoner of war or missing in action service member from whom eligibility derives shall have been a citizen of this state at the time the veteran was killed, at the time the fatal injury was sustained by the veteran or at the time the service member was officially reported as being a prisoner of war or missing in action. The former prisoner of war from whom eligibility derives shall be a citizen of this state at the time the person's dependent child or spouse applies for the educational assistance benefits established by this section.
(3) The dependent child or spouse, prior to receiving the educational assistance benefits established by this section, shall have or possess the necessary qualifications required for admission to the appropriate state institution of higher education. To maintain eligibility for benefits, the dependent child or spouse shall be in active pursuit of a specific and declared degree or certificate program at the institution.
(4) A veteran's spouse's eligibility for the educational assistance benefits established by this section shall terminate ten (10) years after the death of the veteran from whom the eligibility for benefits derives; provided, that a veteran's spouse's eligibility for benefits shall terminate immediately upon the person's remarriage within the ten-year period.
(5) In cases where a student qualifies for the educational assistance benefits established by this section after the student has paid tuition and fees for a term, there shall be no refund of any moneys by the institution of higher education, including, but not limited to, paid tuition and fees.
(c) As used in this section, unless the context otherwise requires: (1) "Dependent child" means a natural or adopted child or stepchild of a veteran or service member whom the veteran or service member claims as a dependent for federal income tax purposes; (2) "Parent" means the father or mother of a natural or adopted child or stepchild whom the parent claims as a dependent for federal income tax purposes; (3) "Qualifying period of armed conflict" means any hostile military operation for which the following United States military campaign medals are individually authorized: (A) Armed Forces Expeditionary Medal; (B) Navy Expeditionary Medal; (C) Marine Corps Expeditionary Medal; (D) Combat Action Ribbon (Navy, Marine Corps and Coast Guard); (E) Army Combat Infantryman Badge; (F) Kosovo Campaign Medal with at least one (1) bronze star appurtenance for specific military campaign participation by the veteran; (G) Southwest Asia Service Medal with at least one (1) bronze star appurtenance for specific military campaign participation by the veteran; (H) Vietnam Service Medal with at least one (1) bronze star appurtenance for specific military campaign participation by the veteran; (I) United States Department of Defense Prisoner of War Medal for former prisoners of war; (J) Global War on Terrorism Expeditionary Medal; (K) Air Force Expeditionary Medal; (L) Combat Medic Badge; (M) Afghanistan Campaign Medal; (N) Iraq Campaign Medal; (O) Army Combat Action Badge; and (P) Navy Submarine Combat Patrol & SSBN Deterrent Patrol Insignia; (4) "Served honorably" means the character of service condition as reported on certificate of release or discharge from active duty, department of defense form 214; (5) "Service member" means a Tennessee resident who is engaged in active military service of the United States; (6) "State institution of higher education" means any postsecondary institution operated by the board of trustees of the University of Tennessee system or the board of regents that offers courses of instruction leading to a certificate or degree; and (7) "Veteran" means a Tennessee resident who has entered and served honorably in the United States armed forces.
(1) "Dependent child" means a natural or adopted child or stepchild of a veteran or service member whom the veteran or service member claims as a dependent for federal income tax purposes;
(2) "Parent" means the father or mother of a natural or adopted child or stepchild whom the parent claims as a dependent for federal income tax purposes;
(3) "Qualifying period of armed conflict" means any hostile military operation for which the following United States military campaign medals are individually authorized: (A) Armed Forces Expeditionary Medal; (B) Navy Expeditionary Medal; (C) Marine Corps Expeditionary Medal; (D) Combat Action Ribbon (Navy, Marine Corps and Coast Guard); (E) Army Combat Infantryman Badge; (F) Kosovo Campaign Medal with at least one (1) bronze star appurtenance for specific military campaign participation by the veteran; (G) Southwest Asia Service Medal with at least one (1) bronze star appurtenance for specific military campaign participation by the veteran; (H) Vietnam Service Medal with at least one (1) bronze star appurtenance for specific military campaign participation by the veteran; (I) United States Department of Defense Prisoner of War Medal for former prisoners of war; (J) Global War on Terrorism Expeditionary Medal; (K) Air Force Expeditionary Medal; (L) Combat Medic Badge; (M) Afghanistan Campaign Medal; (N) Iraq Campaign Medal; (O) Army Combat Action Badge; and (P) Navy Submarine Combat Patrol & SSBN Deterrent Patrol Insignia;
(A) Armed Forces Expeditionary Medal;
(B) Navy Expeditionary Medal;
(C) Marine Corps Expeditionary Medal;
(D) Combat Action Ribbon (Navy, Marine Corps and Coast Guard);
(E) Army Combat Infantryman Badge;
(F) Kosovo Campaign Medal with at least one (1) bronze star appurtenance for specific military campaign participation by the veteran;
(G) Southwest Asia Service Medal with at least one (1) bronze star appurtenance for specific military campaign participation by the veteran;
(H) Vietnam Service Medal with at least one (1) bronze star appurtenance for specific military campaign participation by the veteran;
(I) United States Department of Defense Prisoner of War Medal for former prisoners of war;
(J) Global War on Terrorism Expeditionary Medal;
(K) Air Force Expeditionary Medal;
(L) Combat Medic Badge;
(M) Afghanistan Campaign Medal;
(N) Iraq Campaign Medal;
(O) Army Combat Action Badge; and
(P) Navy Submarine Combat Patrol & SSBN Deterrent Patrol Insignia;
(4) "Served honorably" means the character of service condition as reported on certificate of release or discharge from active duty, department of defense form 214;
(5) "Service member" means a Tennessee resident who is engaged in active military service of the United States;
(6) "State institution of higher education" means any postsecondary institution operated by the board of trustees of the University of Tennessee system or the board of regents that offers courses of instruction leading to a certificate or degree; and
(7) "Veteran" means a Tennessee resident who has entered and served honorably in the United States armed forces.
(d) This section shall apply to all state institutions of higher education beginning with the next registration or enrollment period for the next complete term after July 1, 2000.
(e) The age limitation provided for dependent children in subsection (a) shall not be strictly applied. To be eligible for the educational assistance benefits established by this section, a dependent child shall be matriculated as a full-time student at a state institution of higher education prior to attaining twenty-three (23) years of age. Once declared eligible, a dependent child shall remain eligible until one (1) of the following events has occurred: (1) Prior to attaining twenty-three (23) years of age, the dependent child earns an undergraduate degree or certificate; (2) The dependent child has earned one hundred thirty-five (135) semester hours, or the equivalent, excluding required remedial or developmental hours; or (3) The dependent child has attempted one hundred fifty (150) semester hours, or the equivalent, inclusive of required remedial or developmental hours.
(1) Prior to attaining twenty-three (23) years of age, the dependent child earns an undergraduate degree or certificate;
(2) The dependent child has earned one hundred thirty-five (135) semester hours, or the equivalent, excluding required remedial or developmental hours; or
(3) The dependent child has attempted one hundred fifty (150) semester hours, or the equivalent, inclusive of required remedial or developmental hours.
(f) A spouse eligible for the benefits established by this section shall complete an undergraduate degree or certificate program within the ten-year period established by subdivision (b)(4); provided, that the spouse's eligibility shall extend to the end of the term in which the ten-year period expires. A spouse who has previously earned an undergraduate degree or certificate shall not be eligible for benefits. Otherwise, the spouse shall be eligible for benefits until one (1) of the following events has occurred: (1) Prior to the expiration of benefits, the spouse earns an undergraduate degree or certificate; (2) The spouse has earned one hundred thirty-five (135) semester hours, or the equivalent, excluding required remedial or developmental hours; or (3) The spouse has attempted one hundred fifty (150) semester hours, or the equivalent, inclusive of required remedial or developmental hours.
(1) Prior to the expiration of benefits, the spouse earns an undergraduate degree or certificate;
(2) The spouse has earned one hundred thirty-five (135) semester hours, or the equivalent, excluding required remedial or developmental hours; or
(3) The spouse has attempted one hundred fifty (150) semester hours, or the equivalent, inclusive of required remedial or developmental hours.
(g) (1) All public institutions of higher education shall publish notice of the veterans' dependents' education benefit program pursuant to this section in their catalogs and schedules of classes. (2) Inclusion of the information shall be subject to annual review by the veterans' education division of the Tennessee higher education commission.
(1) All public institutions of higher education shall publish notice of the veterans' dependents' education benefit program pursuant to this section in their catalogs and schedules of classes.
(2) Inclusion of the information shall be subject to annual review by the veterans' education division of the Tennessee higher education commission.
Amended by 2013 Tenn. Acts, ch. 473,s 14, eff. 7/1/2013.
Acts 1957, ch. 198, §§ 1-3; 1969, ch. 24, § 1; 1972, ch. 614, § 1; 1972, ch. 754, §§ 1-3; T.C.A., §§ 49-3222, 49-3245 -- 49-3247; Acts 1989, ch. 151, §§ 1, 2; 2000, ch. 767, § 2; 2001, ch. 293, §§ 2 - 6; 2002, ch. 788, §§ 1 - 3; 2004, ch. 467, § 1; 2004, ch. 469, §§ 1, 2; 2006, ch. 544, § 1; 2007, ch. 62, §§ 1 - 8; 2008, ch. 855, §§ 1, 2.
Tenn. Code Ann. § 49-6-3003 — TN Code / Title 49 / Chapter 6 / Section 49-6-3003
Tuition or other fees
Status: in_force

(a) (1) No tuition or fee shall be charged by any city or special school district except to pupils residing outside the city or district. (2) Tuition or fees that may be charged to pupils residing outside the city or district but within the county shall not exceed per pupil, per annum, an amount equal to the amount of funds actually raised and used for school purposes from the city or special school district sources during the preceding school year, including tuition and fees, divided by the number of pupils in average daily attendance in the public schools of the city or district during the preceding school year. (b) (1) Tuition and fees may be charged by any county to pupils not residing in that county. Tuition and fees may also be charged by any county to all pupils for voluntary programs that occur outside the required one hundred eighty (180) instructional days, unless the state funds the entire cost of the instruction. (2) Tuition and fees charged by a county may not exceed per pupil, per annum, an amount equal to the amount of funds actually raised and used for school purposes by the county, divided by the number of pupils in average daily attendance in the county schools during the preceding school year. Any per pupil tuition payment shall be reduced by any amount of funds transferred by the transferring pupil's county of residence under § 49-6-3104 . (c) (1) (A) Any parent, guardian or other legal custodian who enrolls an out-of-district student in a school district and fraudulently represents the address for the domicile of the student for enrollment purposes is liable for restitution to the school district for an amount equal to the local per pupil expenditure identified by the Tennessee department of education for the district in which the student is fraudulently enrolled. (B) Any parent, guardian or other legal custodian who enrolls an out-of-state student in a school district and fraudulently represents the address for the domicile of the student for enrollment purposes is liable for restitution to the school district for an amount equal to the state and local per pupil expenditure identified by the Tennessee department of education for the district in which the student is fraudulently enrolled. (2) (A) Restitution shall be cumulative for each year the child has been fraudulently enrolled in the system. The restitution shall be payable to the school district and, when litigation is necessary to recover restitution, the parent, guardian or other legal custodian shall be liable for costs and fees, including reasonable attorneys' fees, incurred by the school district. (B) An action for restitution shall be brought by or on behalf of the district in the circuit or chancery court in which the district is located within one (1) year of the date the fraudulent representation occurred or was discovered, whichever is later. In no event shall the action be brought more than six (6) years after the date on which the fraudulent enrollment occurred. Acts 1925, ch. 115, § 19; Shan. Supp., § 1487a141; Code 1932, § 2472; Acts 1957, ch. 9, § 1; 1965, ch. 239, § 1; 1965, ch. 303, § 1; 1968, ch. 417, § 1; 1972, ch. 693, § 13; 1974, ch. 654, §§ 79, 80; T.C.A. (orig. ed.), § 49-1701; Acts 1990, ch. 649, §§ 1, 2; 1998, ch. 1014, § 1; 2003 , ch. 221, § 1.
(a) (1) No tuition or fee shall be charged by any city or special school district except to pupils residing outside the city or district. (2) Tuition or fees that may be charged to pupils residing outside the city or district but within the county shall not exceed per pupil, per annum, an amount equal to the amount of funds actually raised and used for school purposes from the city or special school district sources during the preceding school year, including tuition and fees, divided by the number of pupils in average daily attendance in the public schools of the city or district during the preceding school year.
(1) No tuition or fee shall be charged by any city or special school district except to pupils residing outside the city or district.
(2) Tuition or fees that may be charged to pupils residing outside the city or district but within the county shall not exceed per pupil, per annum, an amount equal to the amount of funds actually raised and used for school purposes from the city or special school district sources during the preceding school year, including tuition and fees, divided by the number of pupils in average daily attendance in the public schools of the city or district during the preceding school year.
(b) (1) Tuition and fees may be charged by any county to pupils not residing in that county. Tuition and fees may also be charged by any county to all pupils for voluntary programs that occur outside the required one hundred eighty (180) instructional days, unless the state funds the entire cost of the instruction. (2) Tuition and fees charged by a county may not exceed per pupil, per annum, an amount equal to the amount of funds actually raised and used for school purposes by the county, divided by the number of pupils in average daily attendance in the county schools during the preceding school year. Any per pupil tuition payment shall be reduced by any amount of funds transferred by the transferring pupil's county of residence under § 49-6-3104 .
(1) Tuition and fees may be charged by any county to pupils not residing in that county. Tuition and fees may also be charged by any county to all pupils for voluntary programs that occur outside the required one hundred eighty (180) instructional days, unless the state funds the entire cost of the instruction.
(2) Tuition and fees charged by a county may not exceed per pupil, per annum, an amount equal to the amount of funds actually raised and used for school purposes by the county, divided by the number of pupils in average daily attendance in the county schools during the preceding school year. Any per pupil tuition payment shall be reduced by any amount of funds transferred by the transferring pupil's county of residence under § 49-6-3104 .
(c) (1) (A) Any parent, guardian or other legal custodian who enrolls an out-of-district student in a school district and fraudulently represents the address for the domicile of the student for enrollment purposes is liable for restitution to the school district for an amount equal to the local per pupil expenditure identified by the Tennessee department of education for the district in which the student is fraudulently enrolled. (B) Any parent, guardian or other legal custodian who enrolls an out-of-state student in a school district and fraudulently represents the address for the domicile of the student for enrollment purposes is liable for restitution to the school district for an amount equal to the state and local per pupil expenditure identified by the Tennessee department of education for the district in which the student is fraudulently enrolled. (2) (A) Restitution shall be cumulative for each year the child has been fraudulently enrolled in the system. The restitution shall be payable to the school district and, when litigation is necessary to recover restitution, the parent, guardian or other legal custodian shall be liable for costs and fees, including reasonable attorneys' fees, incurred by the school district. (B) An action for restitution shall be brought by or on behalf of the district in the circuit or chancery court in which the district is located within one (1) year of the date the fraudulent representation occurred or was discovered, whichever is later. In no event shall the action be brought more than six (6) years after the date on which the fraudulent enrollment occurred.
(1) (A) Any parent, guardian or other legal custodian who enrolls an out-of-district student in a school district and fraudulently represents the address for the domicile of the student for enrollment purposes is liable for restitution to the school district for an amount equal to the local per pupil expenditure identified by the Tennessee department of education for the district in which the student is fraudulently enrolled. (B) Any parent, guardian or other legal custodian who enrolls an out-of-state student in a school district and fraudulently represents the address for the domicile of the student for enrollment purposes is liable for restitution to the school district for an amount equal to the state and local per pupil expenditure identified by the Tennessee department of education for the district in which the student is fraudulently enrolled.
(A) Any parent, guardian or other legal custodian who enrolls an out-of-district student in a school district and fraudulently represents the address for the domicile of the student for enrollment purposes is liable for restitution to the school district for an amount equal to the local per pupil expenditure identified by the Tennessee department of education for the district in which the student is fraudulently enrolled.
(B) Any parent, guardian or other legal custodian who enrolls an out-of-state student in a school district and fraudulently represents the address for the domicile of the student for enrollment purposes is liable for restitution to the school district for an amount equal to the state and local per pupil expenditure identified by the Tennessee department of education for the district in which the student is fraudulently enrolled.
(2) (A) Restitution shall be cumulative for each year the child has been fraudulently enrolled in the system. The restitution shall be payable to the school district and, when litigation is necessary to recover restitution, the parent, guardian or other legal custodian shall be liable for costs and fees, including reasonable attorneys' fees, incurred by the school district. (B) An action for restitution shall be brought by or on behalf of the district in the circuit or chancery court in which the district is located within one (1) year of the date the fraudulent representation occurred or was discovered, whichever is later. In no event shall the action be brought more than six (6) years after the date on which the fraudulent enrollment occurred.
(A) Restitution shall be cumulative for each year the child has been fraudulently enrolled in the system. The restitution shall be payable to the school district and, when litigation is necessary to recover restitution, the parent, guardian or other legal custodian shall be liable for costs and fees, including reasonable attorneys' fees, incurred by the school district.
(B) An action for restitution shall be brought by or on behalf of the district in the circuit or chancery court in which the district is located within one (1) year of the date the fraudulent representation occurred or was discovered, whichever is later. In no event shall the action be brought more than six (6) years after the date on which the fraudulent enrollment occurred.
Acts 1925, ch. 115, § 19; Shan. Supp., § 1487a141; Code 1932, § 2472; Acts 1957, ch. 9, § 1; 1965, ch. 239, § 1; 1965, ch. 303, § 1; 1968, ch. 417, § 1; 1972, ch. 693, § 13; 1974, ch. 654, §§ 79, 80; T.C.A. (orig. ed.), § 49-1701; Acts 1990, ch. 649, §§ 1, 2; 1998, ch. 1014, § 1; 2003 , ch. 221, § 1.
Tenn. Code Ann. § 49-6-3402 — TN Code / Title 49 / Chapter 6 / Section 49-6-3402
Alternative schools for suspended or expelled students - Mandated attendance - Remote instruction
Status: in_force

(a) Local boards of education may establish alternative schools for students in grades one through six (1-6) who have been suspended or expelled from the regular school program. At least one (1) alternative school or alternative program shall be established and available for students in grades seven through twelve (7-12) who have been suspended or expelled as provided in this part. In providing alternative schools, any two (2) or more boards may join together and establish a school attended by students of any such school system; furthermore, any board may, by mutually acceptable agreement with another board, send its suspended or expelled students to any alternative school already in operation. (b) Alternative schools and alternative programs shall be operated pursuant to rules of the state board of education pertaining to them, and instruction shall proceed as nearly as practicable in accordance with the instructional programs at the student's home school. All course work completed and credits earned in alternative schools or alternative programs shall be transferred to and recorded in the student's home school, which shall grant credit earned and progress thereon as if earned in the home school. (c) (1) (A) Attendance in an alternative school or alternative program is mandatory for students in grades seven through twelve (7-12) who have been suspended for more than ten (10) days or expelled from the regular school program if there is space and staff available. (B) (i) Notwithstanding subdivision (c)(1)(A), attendance in an alternative school or alternative program is not mandatory for students in grades seven through twelve (7-12) who have been expelled from the regular school program for committing a zero tolerance offense. (ii) This subdivision (c)(1)(B) does not prohibit a director of schools, or a director's designee, from assigning a student who has been expelled from the regular school program for committing a zero tolerance offense to an alternative school or alternative program. (iii) The director of schools, or the director's designee, shall determine whether to assign a student who has been expelled from the regular school program for committing a zero tolerance offense to an alternative school or alternative program on a case-by-case basis. (C) (i) Notwithstanding subdivision (c)(1)(A), a director of schools, or a director's designee, is not required to assign a student in grades seven through twelve (7-12) who has been suspended for more than ten (10) days or expelled from the regular school program for an offense of violence or threatened violence, or an offense that threatened the safety of persons attending or assigned to the student's school, to an alternative school or alternative program if: (a) The alternative school or alternative program is located on the same grounds as the regular school program from which the student was suspended or expelled; or (b) The director of schools, or the director's designee, determines that assigning the student to the alternative school or alternative program may endanger the safety of the students or staff of the alternative school or alternative program. (ii) This subdivision (c)(1)(C) does not prohibit a director of schools, or a director's designee, from assigning a student who has been suspended for more than ten (10) days or expelled from the regular school program for an offense of violence or threatened violence, or an offense that threatened the safety of persons attending or assigned to the student's school, to an alternative school or alternative program. The director of schools, or the director's designee, shall determine whether to assign a student to an alternative school or alternative program under this subdivision (c)(1)(C) on a case-by-case basis. (D) Attendance in an alternative school or alternative program is voluntary for students in grades one through six (1-6) who have been suspended or expelled from the regular school program unless the local board of education adopts a policy mandating attendance in either instance. (2) (A) A student who is assigned to an alternative school or alternative program is subject to all rules pertaining to the alternative school or alternative program. (B) The director of schools, or the director's designee, may remove a student from the alternative school or alternative program if the director, or the director's designee, determines that: (i) The student has violated the rules of the alternative school or alternative program; or (ii) The student is not benefiting from the student's assignment to the alternative school or alternative program, and all interventions available to help the student to succeed in the alternative school or alternative program have been exhausted unsuccessfully. (C) The director of schools, or the director's designee, may remove a student from the alternative school or alternative program under subdivision (c)(2)(B) for the duration of the student's original suspension or expulsion. The student's removal under subdivision (c)(2)(B) does not constitute grounds for any extension of the student's original suspension or expulsion. (D) The director of schools, or the director's designee, shall make the final decision on removal. (3) If a student is under suspension or expulsion and transfers to another LEA during the student's suspension or expulsion period, then the director of schools, or the director's designee, of the LEA to which the student transfers may review the grounds of the student's suspension or expulsion, but is not required to enforce the suspension or expulsion. If the director of schools, or the director's designee, elects to enforce the student's suspension or expulsion, then, notwithstanding subdivision (c)(1), the LEA to which the student transferred is not required to assign the student to an alternative school or alternative program for the remainder of the suspension or expulsion period. This subdivision (c)(3) does not limit or impair an LEA's ability to deny enrollment to a student who is under suspension or expulsion in another LEA or state pursuant to § 49-6-3401(f) . (d) Any student attending an alternative school shall continue to earn state education funds in the student's home school system and shall be counted for all school purposes by that system as if still in attendance there. (e) A pupil who has been properly found to be eligible for special education and related services shall be placed and served in accordance with the laws and rules relating to special education. (f) (1) The state board of education, in its rules and regulations for the operation of alternative schools, shall require documentation of the reasons for a student attending an alternative school and provide safeguards to assure that no child with disabilities or other special student is arbitrarily placed in an alternative school. The state board of education, in its rules and regulations, shall require that all alternative school classrooms have working two-way communication systems making it possible for teachers or other employees to notify a principal, supervisor or other administrator that there is an emergency. Teachers and other employees shall be notified of emergency procedures prior to the beginning of classes for any school year. (2) The state board of education shall provide a curriculum for alternative schools to ensure students receive specialized attention needed to maximize student success. Alternative schools shall offer alternative learning environments in which students are offered a variety of educational opportunities, such as learning at different rates of time or utilizing different, but successful, learning strategies, techniques and tools. (g) Notwithstanding this section or other law to the contrary, local boards of education may establish evening alternative schools for students in grades six through twelve (6-12). (h) (1) LEAs establishing alternative schools or contracting for the operation of alternative schools shall develop and implement formal transition plans for the integration of students from regular schools, including public charter schools, to alternative schools and from alternative schools to regular schools, including public charter schools. The plans shall be targeted to improve communication between regular and alternative school staff, provide professional development opportunities shared by regular school staff and alternative school staff, align curricula between regular schools and alternative schools, develop quality in-take procedures for students returning to regular school and provide student follow-up upon return to regular school. (2) The state board of education shall adopt policies or guidelines to assist LEAs in developing transition plans. (i) Alternative schools and alternative programs may provide remote instruction to students attending the school or program. (1) The state board of education shall promulgate rules to establish guidelines for tracking daily student attendance and compliance with state school attendance and truancy intervention laws for alternative schools and alternative programs providing remote instruction. (2) An alternative school or alternative program that provides remote instruction pursuant to this subsection (i) shall comply with all state and federal laws, rules, and policies. (3) An LEA that has established a virtual school pursuant to chapter 16, part 2 of this title may enter into an agreement with an LEA that has not established a virtual school pursuant to chapter 16, part 2 of this title for the LEA's virtual school to provide remote instruction to students enrolled in either LEA who have been suspended or expelled from the regular school program. An agreement entered into pursuant to this subdivision (i)(3) is an approved alternative program for purposes of this section. Amended by 2023 Tenn. Acts, ch. 111,s 1, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 279,s 1, eff. 4/28/2023. Amended by 2022 Tenn. Acts, ch. 960, s 2, eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 1085, s 9, eff. 5/27/2022. Amended by 2021 Tenn. Acts, ch. 229, s 1, eff. 4/22/2021. Amended by 2020 Tenn. Acts, ch. 603, s 1, eff. 3/20/2020. Amended by 2019 Tenn. Acts, ch. 465, s 1, eff. 5/24/2019. Acts 1984 (1st E.S.), ch. 5, § 1; 1986, ch. 939, § 1; 1992, ch. 535, § 41; 1996, ch. 988, § 12; 1998, ch. 871, § 3; 2005, ch. 200, § 1; 2006, ch. 895, § 1; 2007 , ch. 455, § 1; 2007 , ch. 517, § 4; 2009 , ch. 192, § 1.
(a) Local boards of education may establish alternative schools for students in grades one through six (1-6) who have been suspended or expelled from the regular school program. At least one (1) alternative school or alternative program shall be established and available for students in grades seven through twelve (7-12) who have been suspended or expelled as provided in this part. In providing alternative schools, any two (2) or more boards may join together and establish a school attended by students of any such school system; furthermore, any board may, by mutually acceptable agreement with another board, send its suspended or expelled students to any alternative school already in operation.
(b) Alternative schools and alternative programs shall be operated pursuant to rules of the state board of education pertaining to them, and instruction shall proceed as nearly as practicable in accordance with the instructional programs at the student's home school. All course work completed and credits earned in alternative schools or alternative programs shall be transferred to and recorded in the student's home school, which shall grant credit earned and progress thereon as if earned in the home school.
(c) (1) (A) Attendance in an alternative school or alternative program is mandatory for students in grades seven through twelve (7-12) who have been suspended for more than ten (10) days or expelled from the regular school program if there is space and staff available. (B) (i) Notwithstanding subdivision (c)(1)(A), attendance in an alternative school or alternative program is not mandatory for students in grades seven through twelve (7-12) who have been expelled from the regular school program for committing a zero tolerance offense. (ii) This subdivision (c)(1)(B) does not prohibit a director of schools, or a director's designee, from assigning a student who has been expelled from the regular school program for committing a zero tolerance offense to an alternative school or alternative program. (iii) The director of schools, or the director's designee, shall determine whether to assign a student who has been expelled from the regular school program for committing a zero tolerance offense to an alternative school or alternative program on a case-by-case basis. (C) (i) Notwithstanding subdivision (c)(1)(A), a director of schools, or a director's designee, is not required to assign a student in grades seven through twelve (7-12) who has been suspended for more than ten (10) days or expelled from the regular school program for an offense of violence or threatened violence, or an offense that threatened the safety of persons attending or assigned to the student's school, to an alternative school or alternative program if: (a) The alternative school or alternative program is located on the same grounds as the regular school program from which the student was suspended or expelled; or (b) The director of schools, or the director's designee, determines that assigning the student to the alternative school or alternative program may endanger the safety of the students or staff of the alternative school or alternative program. (ii) This subdivision (c)(1)(C) does not prohibit a director of schools, or a director's designee, from assigning a student who has been suspended for more than ten (10) days or expelled from the regular school program for an offense of violence or threatened violence, or an offense that threatened the safety of persons attending or assigned to the student's school, to an alternative school or alternative program. The director of schools, or the director's designee, shall determine whether to assign a student to an alternative school or alternative program under this subdivision (c)(1)(C) on a case-by-case basis. (D) Attendance in an alternative school or alternative program is voluntary for students in grades one through six (1-6) who have been suspended or expelled from the regular school program unless the local board of education adopts a policy mandating attendance in either instance. (2) (A) A student who is assigned to an alternative school or alternative program is subject to all rules pertaining to the alternative school or alternative program. (B) The director of schools, or the director's designee, may remove a student from the alternative school or alternative program if the director, or the director's designee, determines that: (i) The student has violated the rules of the alternative school or alternative program; or (ii) The student is not benefiting from the student's assignment to the alternative school or alternative program, and all interventions available to help the student to succeed in the alternative school or alternative program have been exhausted unsuccessfully. (C) The director of schools, or the director's designee, may remove a student from the alternative school or alternative program under subdivision (c)(2)(B) for the duration of the student's original suspension or expulsion. The student's removal under subdivision (c)(2)(B) does not constitute grounds for any extension of the student's original suspension or expulsion. (D) The director of schools, or the director's designee, shall make the final decision on removal. (3) If a student is under suspension or expulsion and transfers to another LEA during the student's suspension or expulsion period, then the director of schools, or the director's designee, of the LEA to which the student transfers may review the grounds of the student's suspension or expulsion, but is not required to enforce the suspension or expulsion. If the director of schools, or the director's designee, elects to enforce the student's suspension or expulsion, then, notwithstanding subdivision (c)(1), the LEA to which the student transferred is not required to assign the student to an alternative school or alternative program for the remainder of the suspension or expulsion period. This subdivision (c)(3) does not limit or impair an LEA's ability to deny enrollment to a student who is under suspension or expulsion in another LEA or state pursuant to § 49-6-3401(f) .
(1) (A) Attendance in an alternative school or alternative program is mandatory for students in grades seven through twelve (7-12) who have been suspended for more than ten (10) days or expelled from the regular school program if there is space and staff available. (B) (i) Notwithstanding subdivision (c)(1)(A), attendance in an alternative school or alternative program is not mandatory for students in grades seven through twelve (7-12) who have been expelled from the regular school program for committing a zero tolerance offense. (ii) This subdivision (c)(1)(B) does not prohibit a director of schools, or a director's designee, from assigning a student who has been expelled from the regular school program for committing a zero tolerance offense to an alternative school or alternative program. (iii) The director of schools, or the director's designee, shall determine whether to assign a student who has been expelled from the regular school program for committing a zero tolerance offense to an alternative school or alternative program on a case-by-case basis. (C) (i) Notwithstanding subdivision (c)(1)(A), a director of schools, or a director's designee, is not required to assign a student in grades seven through twelve (7-12) who has been suspended for more than ten (10) days or expelled from the regular school program for an offense of violence or threatened violence, or an offense that threatened the safety of persons attending or assigned to the student's school, to an alternative school or alternative program if: (a) The alternative school or alternative program is located on the same grounds as the regular school program from which the student was suspended or expelled; or (b) The director of schools, or the director's designee, determines that assigning the student to the alternative school or alternative program may endanger the safety of the students or staff of the alternative school or alternative program. (ii) This subdivision (c)(1)(C) does not prohibit a director of schools, or a director's designee, from assigning a student who has been suspended for more than ten (10) days or expelled from the regular school program for an offense of violence or threatened violence, or an offense that threatened the safety of persons attending or assigned to the student's school, to an alternative school or alternative program. The director of schools, or the director's designee, shall determine whether to assign a student to an alternative school or alternative program under this subdivision (c)(1)(C) on a case-by-case basis. (D) Attendance in an alternative school or alternative program is voluntary for students in grades one through six (1-6) who have been suspended or expelled from the regular school program unless the local board of education adopts a policy mandating attendance in either instance.
(A) Attendance in an alternative school or alternative program is mandatory for students in grades seven through twelve (7-12) who have been suspended for more than ten (10) days or expelled from the regular school program if there is space and staff available.
(B) (i) Notwithstanding subdivision (c)(1)(A), attendance in an alternative school or alternative program is not mandatory for students in grades seven through twelve (7-12) who have been expelled from the regular school program for committing a zero tolerance offense. (ii) This subdivision (c)(1)(B) does not prohibit a director of schools, or a director's designee, from assigning a student who has been expelled from the regular school program for committing a zero tolerance offense to an alternative school or alternative program. (iii) The director of schools, or the director's designee, shall determine whether to assign a student who has been expelled from the regular school program for committing a zero tolerance offense to an alternative school or alternative program on a case-by-case basis.
(i) Notwithstanding subdivision (c)(1)(A), attendance in an alternative school or alternative program is not mandatory for students in grades seven through twelve (7-12) who have been expelled from the regular school program for committing a zero tolerance offense.
(ii) This subdivision (c)(1)(B) does not prohibit a director of schools, or a director's designee, from assigning a student who has been expelled from the regular school program for committing a zero tolerance offense to an alternative school or alternative program.
(iii) The director of schools, or the director's designee, shall determine whether to assign a student who has been expelled from the regular school program for committing a zero tolerance offense to an alternative school or alternative program on a case-by-case basis.
(C) (i) Notwithstanding subdivision (c)(1)(A), a director of schools, or a director's designee, is not required to assign a student in grades seven through twelve (7-12) who has been suspended for more than ten (10) days or expelled from the regular school program for an offense of violence or threatened violence, or an offense that threatened the safety of persons attending or assigned to the student's school, to an alternative school or alternative program if: (a) The alternative school or alternative program is located on the same grounds as the regular school program from which the student was suspended or expelled; or (b) The director of schools, or the director's designee, determines that assigning the student to the alternative school or alternative program may endanger the safety of the students or staff of the alternative school or alternative program. (ii) This subdivision (c)(1)(C) does not prohibit a director of schools, or a director's designee, from assigning a student who has been suspended for more than ten (10) days or expelled from the regular school program for an offense of violence or threatened violence, or an offense that threatened the safety of persons attending or assigned to the student's school, to an alternative school or alternative program. The director of schools, or the director's designee, shall determine whether to assign a student to an alternative school or alternative program under this subdivision (c)(1)(C) on a case-by-case basis.
(i) Notwithstanding subdivision (c)(1)(A), a director of schools, or a director's designee, is not required to assign a student in grades seven through twelve (7-12) who has been suspended for more than ten (10) days or expelled from the regular school program for an offense of violence or threatened violence, or an offense that threatened the safety of persons attending or assigned to the student's school, to an alternative school or alternative program if: (a) The alternative school or alternative program is located on the same grounds as the regular school program from which the student was suspended or expelled; or (b) The director of schools, or the director's designee, determines that assigning the student to the alternative school or alternative program may endanger the safety of the students or staff of the alternative school or alternative program.
(a) The alternative school or alternative program is located on the same grounds as the regular school program from which the student was suspended or expelled; or
(b) The director of schools, or the director's designee, determines that assigning the student to the alternative school or alternative program may endanger the safety of the students or staff of the alternative school or alternative program.
(ii) This subdivision (c)(1)(C) does not prohibit a director of schools, or a director's designee, from assigning a student who has been suspended for more than ten (10) days or expelled from the regular school program for an offense of violence or threatened violence, or an offense that threatened the safety of persons attending or assigned to the student's school, to an alternative school or alternative program. The director of schools, or the director's designee, shall determine whether to assign a student to an alternative school or alternative program under this subdivision (c)(1)(C) on a case-by-case basis.
(D) Attendance in an alternative school or alternative program is voluntary for students in grades one through six (1-6) who have been suspended or expelled from the regular school program unless the local board of education adopts a policy mandating attendance in either instance.
(2) (A) A student who is assigned to an alternative school or alternative program is subject to all rules pertaining to the alternative school or alternative program. (B) The director of schools, or the director's designee, may remove a student from the alternative school or alternative program if the director, or the director's designee, determines that: (i) The student has violated the rules of the alternative school or alternative program; or (ii) The student is not benefiting from the student's assignment to the alternative school or alternative program, and all interventions available to help the student to succeed in the alternative school or alternative program have been exhausted unsuccessfully. (C) The director of schools, or the director's designee, may remove a student from the alternative school or alternative program under subdivision (c)(2)(B) for the duration of the student's original suspension or expulsion. The student's removal under subdivision (c)(2)(B) does not constitute grounds for any extension of the student's original suspension or expulsion. (D) The director of schools, or the director's designee, shall make the final decision on removal.
(A) A student who is assigned to an alternative school or alternative program is subject to all rules pertaining to the alternative school or alternative program.
(B) The director of schools, or the director's designee, may remove a student from the alternative school or alternative program if the director, or the director's designee, determines that: (i) The student has violated the rules of the alternative school or alternative program; or (ii) The student is not benefiting from the student's assignment to the alternative school or alternative program, and all interventions available to help the student to succeed in the alternative school or alternative program have been exhausted unsuccessfully.
(i) The student has violated the rules of the alternative school or alternative program; or
(ii) The student is not benefiting from the student's assignment to the alternative school or alternative program, and all interventions available to help the student to succeed in the alternative school or alternative program have been exhausted unsuccessfully.
(C) The director of schools, or the director's designee, may remove a student from the alternative school or alternative program under subdivision (c)(2)(B) for the duration of the student's original suspension or expulsion. The student's removal under subdivision (c)(2)(B) does not constitute grounds for any extension of the student's original suspension or expulsion.
(D) The director of schools, or the director's designee, shall make the final decision on removal.
(3) If a student is under suspension or expulsion and transfers to another LEA during the student's suspension or expulsion period, then the director of schools, or the director's designee, of the LEA to which the student transfers may review the grounds of the student's suspension or expulsion, but is not required to enforce the suspension or expulsion. If the director of schools, or the director's designee, elects to enforce the student's suspension or expulsion, then, notwithstanding subdivision (c)(1), the LEA to which the student transferred is not required to assign the student to an alternative school or alternative program for the remainder of the suspension or expulsion period. This subdivision (c)(3) does not limit or impair an LEA's ability to deny enrollment to a student who is under suspension or expulsion in another LEA or state pursuant to § 49-6-3401(f) .
(d) Any student attending an alternative school shall continue to earn state education funds in the student's home school system and shall be counted for all school purposes by that system as if still in attendance there.
(e) A pupil who has been properly found to be eligible for special education and related services shall be placed and served in accordance with the laws and rules relating to special education.
(f) (1) The state board of education, in its rules and regulations for the operation of alternative schools, shall require documentation of the reasons for a student attending an alternative school and provide safeguards to assure that no child with disabilities or other special student is arbitrarily placed in an alternative school. The state board of education, in its rules and regulations, shall require that all alternative school classrooms have working two-way communication systems making it possible for teachers or other employees to notify a principal, supervisor or other administrator that there is an emergency. Teachers and other employees shall be notified of emergency procedures prior to the beginning of classes for any school year. (2) The state board of education shall provide a curriculum for alternative schools to ensure students receive specialized attention needed to maximize student success. Alternative schools shall offer alternative learning environments in which students are offered a variety of educational opportunities, such as learning at different rates of time or utilizing different, but successful, learning strategies, techniques and tools.
(1) The state board of education, in its rules and regulations for the operation of alternative schools, shall require documentation of the reasons for a student attending an alternative school and provide safeguards to assure that no child with disabilities or other special student is arbitrarily placed in an alternative school. The state board of education, in its rules and regulations, shall require that all alternative school classrooms have working two-way communication systems making it possible for teachers or other employees to notify a principal, supervisor or other administrator that there is an emergency. Teachers and other employees shall be notified of emergency procedures prior to the beginning of classes for any school year.
(2) The state board of education shall provide a curriculum for alternative schools to ensure students receive specialized attention needed to maximize student success. Alternative schools shall offer alternative learning environments in which students are offered a variety of educational opportunities, such as learning at different rates of time or utilizing different, but successful, learning strategies, techniques and tools.
(g) Notwithstanding this section or other law to the contrary, local boards of education may establish evening alternative schools for students in grades six through twelve (6-12).
(h) (1) LEAs establishing alternative schools or contracting for the operation of alternative schools shall develop and implement formal transition plans for the integration of students from regular schools, including public charter schools, to alternative schools and from alternative schools to regular schools, including public charter schools. The plans shall be targeted to improve communication between regular and alternative school staff, provide professional development opportunities shared by regular school staff and alternative school staff, align curricula between regular schools and alternative schools, develop quality in-take procedures for students returning to regular school and provide student follow-up upon return to regular school. (2) The state board of education shall adopt policies or guidelines to assist LEAs in developing transition plans.
(1) LEAs establishing alternative schools or contracting for the operation of alternative schools shall develop and implement formal transition plans for the integration of students from regular schools, including public charter schools, to alternative schools and from alternative schools to regular schools, including public charter schools. The plans shall be targeted to improve communication between regular and alternative school staff, provide professional development opportunities shared by regular school staff and alternative school staff, align curricula between regular schools and alternative schools, develop quality in-take procedures for students returning to regular school and provide student follow-up upon return to regular school.
(2) The state board of education shall adopt policies or guidelines to assist LEAs in developing transition plans.
(i) Alternative schools and alternative programs may provide remote instruction to students attending the school or program. (1) The state board of education shall promulgate rules to establish guidelines for tracking daily student attendance and compliance with state school attendance and truancy intervention laws for alternative schools and alternative programs providing remote instruction. (2) An alternative school or alternative program that provides remote instruction pursuant to this subsection (i) shall comply with all state and federal laws, rules, and policies. (3) An LEA that has established a virtual school pursuant to chapter 16, part 2 of this title may enter into an agreement with an LEA that has not established a virtual school pursuant to chapter 16, part 2 of this title for the LEA's virtual school to provide remote instruction to students enrolled in either LEA who have been suspended or expelled from the regular school program. An agreement entered into pursuant to this subdivision (i)(3) is an approved alternative program for purposes of this section.
(1) The state board of education shall promulgate rules to establish guidelines for tracking daily student attendance and compliance with state school attendance and truancy intervention laws for alternative schools and alternative programs providing remote instruction.
(2) An alternative school or alternative program that provides remote instruction pursuant to this subsection (i) shall comply with all state and federal laws, rules, and policies.
(3) An LEA that has established a virtual school pursuant to chapter 16, part 2 of this title may enter into an agreement with an LEA that has not established a virtual school pursuant to chapter 16, part 2 of this title for the LEA's virtual school to provide remote instruction to students enrolled in either LEA who have been suspended or expelled from the regular school program. An agreement entered into pursuant to this subdivision (i)(3) is an approved alternative program for purposes of this section.
Amended by 2023 Tenn. Acts, ch. 111,s 1, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 279,s 1, eff. 4/28/2023.
Amended by 2022 Tenn. Acts, ch. 960, s 2, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 1085, s 9, eff. 5/27/2022.
Amended by 2021 Tenn. Acts, ch. 229, s 1, eff. 4/22/2021.
Amended by 2020 Tenn. Acts, ch. 603, s 1, eff. 3/20/2020.
Amended by 2019 Tenn. Acts, ch. 465, s 1, eff. 5/24/2019.
Acts 1984 (1st E.S.), ch. 5, § 1; 1986, ch. 939, § 1; 1992, ch. 535, § 41; 1996, ch. 988, § 12; 1998, ch. 871, § 3; 2005, ch. 200, § 1; 2006, ch. 895, § 1; 2007 , ch. 455, § 1; 2007 , ch. 517, § 4; 2009 , ch. 192, § 1.
Tenn. Code Ann. § 49-1-507 — TN Code / Title 49 / Chapter 1 / Section 49-1-507
[Repealed]
Status: repealed

Repealed by 2018 Tenn. Acts, ch. 725, s 23, eff. 4/18/2018. Acts 1990, ch. 996, § 7.
Repealed by 2018 Tenn. Acts, ch. 725, s 23, eff. 4/18/2018.
Acts 1990, ch. 996, § 7.
Tenn. Code Ann. § 49-1-315 — TN Code / Title 49 / Chapter 1 / Section 49-1-315
[Repealed]
Status: repealed

Repealed by 2019 Tenn. Acts, ch. 248,s 15, eff. 5/2/2019. Added by 2016 Tenn. Acts, ch. 961,s 1, eff. 1/1/2017.
Repealed by 2019 Tenn. Acts, ch. 248,s 15, eff. 5/2/2019.
Added by 2016 Tenn. Acts, ch. 961,s 1, eff. 1/1/2017.
Tenn. Code Ann. § 49-7-2022 — TN Code / Title 49 / Chapter 7 / Section 49-7-2022
Optional expedited authorization
Status: in_force

(a) (1) Postsecondary educational institutions accredited by an institutional accrediting agency recognized by the United States department of education may apply for optional expedited authorization as provided for in this part. (2) Provisional initial optional expedited authorization may be granted by the executive director or commission staff subject to review and ratification by the commission. Provisional authorization must contain limitations as to time, procedures, functions, and other conditions as deemed necessary. (3) The term for which authorization is given shall not extend for more than six (6) years and may be issued for a lesser period of time on terms and conditions specified by, or otherwise determined by, the commission. An institution that receives multi-year authorization shall annually submit a certification of compliance on a form provided by the commission, and shall pay the requisite fee by the date established by the commission. (b) Optional expedited authorization is available to postsecondary educational institutions that submit the following documentation to the commission: (1) Evidence of accreditation from an institutional accrediting agency recognized by the United States department of education indicating that the location for which authorization is being sought is accredited or properly recognized by the accreditor; (2) Documentation evidencing an established, clearly articulated, and comprehensive process for the resolution of consumer complaints; (3) Documentation evidencing that the institution is authorized or exempt from authorization in the state where it is primarily located, if the institution is not authorized in this state; (4) A signed application for optional expedited authorization on a form provided by the commission; (5) Documentation evidencing all requisite program approvals from other state licensing boards or commissions, if applicable; and (6) Documentation evidencing that the institution meets and maintains financial standards and institutional stability acceptable by the accreditor for the purpose of maintaining accreditation or by the United States department of education for the purpose of being a Title IV eligible institution. (c) Upon the receipt of an institution's application, the commission shall conduct a detailed review and verification and, upon satisfactory examination of all submitted documentation, issue an optional expedited authorization subject to this section. (d) If the commission, upon review and consideration of the application, determines that the applicant is not eligible and fails to meet the optional expedited authorization criteria established in this section, then the commission shall notify the applicant of its decision to deny the application and set forth the reasons for the denial in writing. (e) Issuance of optional expedited authorization must demonstrate full compliance with the minimum standards established under this part and fulfill all of the requirements for the institution's state authorization. (f) Institutions satisfying the requirements of this section and receiving optional expedited authorization shall not be subject to any other authorization requirements under this part, but remain subject to §§ 49-7-2012 , 49-7-2013 , 49-7-2014 , 49-7-2015 , 49-7-2016 , and 49-7-2018 . (g) To assist the commission with its duty of consumer protection, any institution receiving optional expedited authorization under this section shall: (1) Timely report to the commission any illegal or unethical conduct by employees, agents, contractors, or third-party service providers related to the delivery of educational programs and services to students, including any corrective action and remedies taken by the institution; (2) Notify the commission, within five (5) business days, of: (A) An action taken by an accrediting agency with regard to the institution's accreditation status, including revocation, suspension, probation, warning, or similar action; (B) The institution's receipt of notice of legal action involving the institution, or its parent entity if applicable, and Tennessee students, related to the delivery of educational programming or student or consumer practices, including class action lawsuits; (C) The institution's use of a letter of credit or a cash management agreement with the United States department of education; (D) A governmental agency's public announcement of an investigation of the institution. The institution shall notify the commission whether the investigation is related to the institution's academic quality, financial stability, or student or consumer practices; (E) A change of ownership; or (F) A change of institutional director; (3) Provide any information requested by the commission necessary to monitor the institution's eligibility for optional expedited authorization; (4) Provide complaint resolution policies and procedures to the institution's students, and cooperate with the commission in the investigation or resolution of student complaints; and (5) Provide the following data, subject to the commission's requirements: (A) Student-level data on enrollment and credential attainment; (B) Job placement data; (C) Costs of attendance; (D) Federal student cohort default rates; and (E) A comprehensive list of all programs offered at the institution. (h) Optional expedited authorization remains available only to those institutions maintaining the eligibility standards required under this section. Optional expedited authorization must be issued to the owner or governing body of the applicant institution and is nontransferable. If the institution's ownership changes, then the new owner or governing body must apply for a new authorization as provided for by the commission. The commission shall terminate an institution's authorization if the institution fails to apply for a new authorization following a change in the institution's ownership. (i) The commission may revoke, or make conditional, an issued optional expedited authorization for: (1) Loss of, or failure to meet, any of the listed criteria for authorization in subsection (b); (2) Just cause; or (3) Failure to fulfill the requirements in subsection (g). (j) Immediately upon the commission's revocation of an institution's optional expedited authorization, the institution is subject to all remaining provisions of this part, applicable administrative rules and procedures for issuance of authorization, and must reapply for authorization under § 49-7-2008 . An institution for which the commission revokes an optional expedited authorization is ineligible to reapply for optional expedited authorization until the commission determines that the institution has resolved each of the grounds for revocation. (k) The commission may investigate any signed student complaint involving postsecondary educational institutions authorized under this section; provided, however, that initial responsibility for the investigation and resolution of complaints resides with the institution against which the complaint is made. Once the institution's complaint process is exhausted, the commission may investigate and coordinate resolution of any student complaint with the assistance of other government agencies, as necessary. (l) The commission shall develop, and make available on its website, graduation rates and statistics on credential attainment for institutions authorized under this section and include a hyperlink on its website to each institution's website. (m) An institution authorized under this section shall develop and make available to the public on the institution's website the most up-to-date version of the following information: (1) Costs of attendance; (2) Information on whether academic credits attained are transferable to other institutions operating in Tennessee; (3) Executed articulation and transfer of credit agreements with other institutions operating in Tennessee, if applicable; and (4) Federal student cohort default rates. Amended by 2022 Tenn. Acts, ch. 1044, s 32, eff. 7/1/2022. Amended by 2019 Tenn. Acts, ch. 82, s 2, eff. 7/1/2019. Amended by 2018 Tenn. Acts, ch. 790, Secs.s 7, s 8, s 9, s 10, s 11, s 12, s 13 eff. 4/20/2018. Added by 2016 Tenn. Acts, ch. 868, s 3, eff. 10/1/2016.
(a) (1) Postsecondary educational institutions accredited by an institutional accrediting agency recognized by the United States department of education may apply for optional expedited authorization as provided for in this part. (2) Provisional initial optional expedited authorization may be granted by the executive director or commission staff subject to review and ratification by the commission. Provisional authorization must contain limitations as to time, procedures, functions, and other conditions as deemed necessary. (3) The term for which authorization is given shall not extend for more than six (6) years and may be issued for a lesser period of time on terms and conditions specified by, or otherwise determined by, the commission. An institution that receives multi-year authorization shall annually submit a certification of compliance on a form provided by the commission, and shall pay the requisite fee by the date established by the commission.
(1) Postsecondary educational institutions accredited by an institutional accrediting agency recognized by the United States department of education may apply for optional expedited authorization as provided for in this part.
(2) Provisional initial optional expedited authorization may be granted by the executive director or commission staff subject to review and ratification by the commission. Provisional authorization must contain limitations as to time, procedures, functions, and other conditions as deemed necessary.
(3) The term for which authorization is given shall not extend for more than six (6) years and may be issued for a lesser period of time on terms and conditions specified by, or otherwise determined by, the commission. An institution that receives multi-year authorization shall annually submit a certification of compliance on a form provided by the commission, and shall pay the requisite fee by the date established by the commission.
(b) Optional expedited authorization is available to postsecondary educational institutions that submit the following documentation to the commission: (1) Evidence of accreditation from an institutional accrediting agency recognized by the United States department of education indicating that the location for which authorization is being sought is accredited or properly recognized by the accreditor; (2) Documentation evidencing an established, clearly articulated, and comprehensive process for the resolution of consumer complaints; (3) Documentation evidencing that the institution is authorized or exempt from authorization in the state where it is primarily located, if the institution is not authorized in this state; (4) A signed application for optional expedited authorization on a form provided by the commission; (5) Documentation evidencing all requisite program approvals from other state licensing boards or commissions, if applicable; and (6) Documentation evidencing that the institution meets and maintains financial standards and institutional stability acceptable by the accreditor for the purpose of maintaining accreditation or by the United States department of education for the purpose of being a Title IV eligible institution.
(1) Evidence of accreditation from an institutional accrediting agency recognized by the United States department of education indicating that the location for which authorization is being sought is accredited or properly recognized by the accreditor;
(2) Documentation evidencing an established, clearly articulated, and comprehensive process for the resolution of consumer complaints;
(3) Documentation evidencing that the institution is authorized or exempt from authorization in the state where it is primarily located, if the institution is not authorized in this state;
(4) A signed application for optional expedited authorization on a form provided by the commission;
(5) Documentation evidencing all requisite program approvals from other state licensing boards or commissions, if applicable; and
(6) Documentation evidencing that the institution meets and maintains financial standards and institutional stability acceptable by the accreditor for the purpose of maintaining accreditation or by the United States department of education for the purpose of being a Title IV eligible institution.
(c) Upon the receipt of an institution's application, the commission shall conduct a detailed review and verification and, upon satisfactory examination of all submitted documentation, issue an optional expedited authorization subject to this section.
(d) If the commission, upon review and consideration of the application, determines that the applicant is not eligible and fails to meet the optional expedited authorization criteria established in this section, then the commission shall notify the applicant of its decision to deny the application and set forth the reasons for the denial in writing.
(e) Issuance of optional expedited authorization must demonstrate full compliance with the minimum standards established under this part and fulfill all of the requirements for the institution's state authorization.
(f) Institutions satisfying the requirements of this section and receiving optional expedited authorization shall not be subject to any other authorization requirements under this part, but remain subject to §§ 49-7-2012 , 49-7-2013 , 49-7-2014 , 49-7-2015 , 49-7-2016 , and 49-7-2018 .
(g) To assist the commission with its duty of consumer protection, any institution receiving optional expedited authorization under this section shall: (1) Timely report to the commission any illegal or unethical conduct by employees, agents, contractors, or third-party service providers related to the delivery of educational programs and services to students, including any corrective action and remedies taken by the institution; (2) Notify the commission, within five (5) business days, of: (A) An action taken by an accrediting agency with regard to the institution's accreditation status, including revocation, suspension, probation, warning, or similar action; (B) The institution's receipt of notice of legal action involving the institution, or its parent entity if applicable, and Tennessee students, related to the delivery of educational programming or student or consumer practices, including class action lawsuits; (C) The institution's use of a letter of credit or a cash management agreement with the United States department of education; (D) A governmental agency's public announcement of an investigation of the institution. The institution shall notify the commission whether the investigation is related to the institution's academic quality, financial stability, or student or consumer practices; (E) A change of ownership; or (F) A change of institutional director; (3) Provide any information requested by the commission necessary to monitor the institution's eligibility for optional expedited authorization; (4) Provide complaint resolution policies and procedures to the institution's students, and cooperate with the commission in the investigation or resolution of student complaints; and (5) Provide the following data, subject to the commission's requirements: (A) Student-level data on enrollment and credential attainment; (B) Job placement data; (C) Costs of attendance; (D) Federal student cohort default rates; and (E) A comprehensive list of all programs offered at the institution.
(1) Timely report to the commission any illegal or unethical conduct by employees, agents, contractors, or third-party service providers related to the delivery of educational programs and services to students, including any corrective action and remedies taken by the institution;
(2) Notify the commission, within five (5) business days, of: (A) An action taken by an accrediting agency with regard to the institution's accreditation status, including revocation, suspension, probation, warning, or similar action; (B) The institution's receipt of notice of legal action involving the institution, or its parent entity if applicable, and Tennessee students, related to the delivery of educational programming or student or consumer practices, including class action lawsuits; (C) The institution's use of a letter of credit or a cash management agreement with the United States department of education; (D) A governmental agency's public announcement of an investigation of the institution. The institution shall notify the commission whether the investigation is related to the institution's academic quality, financial stability, or student or consumer practices; (E) A change of ownership; or (F) A change of institutional director;
(A) An action taken by an accrediting agency with regard to the institution's accreditation status, including revocation, suspension, probation, warning, or similar action;
(B) The institution's receipt of notice of legal action involving the institution, or its parent entity if applicable, and Tennessee students, related to the delivery of educational programming or student or consumer practices, including class action lawsuits;
(C) The institution's use of a letter of credit or a cash management agreement with the United States department of education;
(D) A governmental agency's public announcement of an investigation of the institution. The institution shall notify the commission whether the investigation is related to the institution's academic quality, financial stability, or student or consumer practices;
(E) A change of ownership; or
(F) A change of institutional director;
(3) Provide any information requested by the commission necessary to monitor the institution's eligibility for optional expedited authorization;
(4) Provide complaint resolution policies and procedures to the institution's students, and cooperate with the commission in the investigation or resolution of student complaints; and
(5) Provide the following data, subject to the commission's requirements: (A) Student-level data on enrollment and credential attainment; (B) Job placement data; (C) Costs of attendance; (D) Federal student cohort default rates; and (E) A comprehensive list of all programs offered at the institution.
(A) Student-level data on enrollment and credential attainment;
(B) Job placement data;
(C) Costs of attendance;
(D) Federal student cohort default rates; and
(E) A comprehensive list of all programs offered at the institution.
(h) Optional expedited authorization remains available only to those institutions maintaining the eligibility standards required under this section. Optional expedited authorization must be issued to the owner or governing body of the applicant institution and is nontransferable. If the institution's ownership changes, then the new owner or governing body must apply for a new authorization as provided for by the commission. The commission shall terminate an institution's authorization if the institution fails to apply for a new authorization following a change in the institution's ownership.
(i) The commission may revoke, or make conditional, an issued optional expedited authorization for: (1) Loss of, or failure to meet, any of the listed criteria for authorization in subsection (b); (2) Just cause; or (3) Failure to fulfill the requirements in subsection (g).
(1) Loss of, or failure to meet, any of the listed criteria for authorization in subsection (b);
(2) Just cause; or
(3) Failure to fulfill the requirements in subsection (g).
(j) Immediately upon the commission's revocation of an institution's optional expedited authorization, the institution is subject to all remaining provisions of this part, applicable administrative rules and procedures for issuance of authorization, and must reapply for authorization under § 49-7-2008 . An institution for which the commission revokes an optional expedited authorization is ineligible to reapply for optional expedited authorization until the commission determines that the institution has resolved each of the grounds for revocation.
(k) The commission may investigate any signed student complaint involving postsecondary educational institutions authorized under this section; provided, however, that initial responsibility for the investigation and resolution of complaints resides with the institution against which the complaint is made. Once the institution's complaint process is exhausted, the commission may investigate and coordinate resolution of any student complaint with the assistance of other government agencies, as necessary.
(l) The commission shall develop, and make available on its website, graduation rates and statistics on credential attainment for institutions authorized under this section and include a hyperlink on its website to each institution's website.
(m) An institution authorized under this section shall develop and make available to the public on the institution's website the most up-to-date version of the following information: (1) Costs of attendance; (2) Information on whether academic credits attained are transferable to other institutions operating in Tennessee; (3) Executed articulation and transfer of credit agreements with other institutions operating in Tennessee, if applicable; and (4) Federal student cohort default rates.
(1) Costs of attendance;
(2) Information on whether academic credits attained are transferable to other institutions operating in Tennessee;
(3) Executed articulation and transfer of credit agreements with other institutions operating in Tennessee, if applicable; and
(4) Federal student cohort default rates.
Amended by 2022 Tenn. Acts, ch. 1044, s 32, eff. 7/1/2022.
Amended by 2019 Tenn. Acts, ch. 82, s 2, eff. 7/1/2019.
Amended by 2018 Tenn. Acts, ch. 790, Secs.s 7, s 8, s 9, s 10, s 11, s 12, s 13 eff. 4/20/2018.
Added by 2016 Tenn. Acts, ch. 868, s 3, eff. 10/1/2016.
Tenn. Code Ann. § 49-2-608 — TN Code / Title 49 / Chapter 2 / Section 49-2-608
Prohibited actions
Status: in_force

A nongovernmental group or organization, including all school support organizations, may not: (1) Use the school's or school district's sales tax exemption to purchase items; (2) Represent or imply that its activities, contracts, purchases, or financial commitments are made on behalf of or binding upon any school or school district; (3) Use school support organization funds for a purpose other than purposes related to the goals and objectives of the school support organization that relate to supporting a school district, school, school club or school academic, arts, athletic or social activity; or (4) Maintain or operate a bank account that bears the employer identification number of a school board, school, or any other school related governmental entity. From July 1, 2007, any funds deposited into the bank account shall be presumed to be a donation to the entity whose employer identification number is used and shall be treated as student activity funds. Acts 2007, ch. 326, § 9.
A nongovernmental group or organization, including all school support organizations, may not:
(1) Use the school's or school district's sales tax exemption to purchase items;
(2) Represent or imply that its activities, contracts, purchases, or financial commitments are made on behalf of or binding upon any school or school district;
(3) Use school support organization funds for a purpose other than purposes related to the goals and objectives of the school support organization that relate to supporting a school district, school, school club or school academic, arts, athletic or social activity; or
(4) Maintain or operate a bank account that bears the employer identification number of a school board, school, or any other school related governmental entity. From July 1, 2007, any funds deposited into the bank account shall be presumed to be a donation to the entity whose employer identification number is used and shall be treated as student activity funds.
Acts 2007, ch. 326, § 9.
Tenn. Code Ann. § 49-5-514 — TN Code / Title 49 / Chapter 5 / Section 49-5-514
Merger of local with state tenure system
Status: in_force

(a) (1) Should it be desired to incorporate any local teacher tenure system into the state system, the board having jurisdiction over the teachers under the local system shall publish in some newspaper of general circulation in the town or county in which the local tenure system is located a notice of its intent to apply for admission to the state teacher tenure system, and, in the notice, shall fix the date for a hearing thereon, which date shall not be less than ten (10) days after the first publication of the notice. (2) Upon the day fixed by the notice for the hearing, which hearing may be adjourned from time to time if deemed necessary, the board shall hear interested parties who shall have the right to appear in person or by counsel upon the advisability of the entry or merger into the state system. (3) After the local board of education concludes its hearing, the board shall conduct a referendum of the teachers within the local teacher tenure system, and if a majority of the teachers vote in favor of merging with the state system, then the board shall request the merger and shall forward a certified copy of the result of the referendum to the commissioner of education for consideration. (4) If the commissioner approves the merger, then the commissioner shall give proper notice of the merger and, at the end of ten (10) days from the giving of the public notice of acceptance, the local tenure system shall be merged with and become a part of the state teacher tenure system, and the members of the local tenure system shall thereupon be entitled to all the benefits of the state tenure system to the same extent as though they had been members of the state tenure system from its inception. (b) As used in this section: (1) "Board" means any county board of education in a county operating under a local teacher tenure act or any municipal board of education in a city operating under such act; and (2) "Local teacher tenure systems" means any teacher tenure system applicable only to a county or to a city or town and authorized by special act of the general assembly. Acts 1953, ch. 263, §§ 1, 2 (Williams, § 2345.19); Acts 1957, ch. 179, § 1; T.C.A. (orig. ed.), § 49-1420.
(a) (1) Should it be desired to incorporate any local teacher tenure system into the state system, the board having jurisdiction over the teachers under the local system shall publish in some newspaper of general circulation in the town or county in which the local tenure system is located a notice of its intent to apply for admission to the state teacher tenure system, and, in the notice, shall fix the date for a hearing thereon, which date shall not be less than ten (10) days after the first publication of the notice. (2) Upon the day fixed by the notice for the hearing, which hearing may be adjourned from time to time if deemed necessary, the board shall hear interested parties who shall have the right to appear in person or by counsel upon the advisability of the entry or merger into the state system. (3) After the local board of education concludes its hearing, the board shall conduct a referendum of the teachers within the local teacher tenure system, and if a majority of the teachers vote in favor of merging with the state system, then the board shall request the merger and shall forward a certified copy of the result of the referendum to the commissioner of education for consideration. (4) If the commissioner approves the merger, then the commissioner shall give proper notice of the merger and, at the end of ten (10) days from the giving of the public notice of acceptance, the local tenure system shall be merged with and become a part of the state teacher tenure system, and the members of the local tenure system shall thereupon be entitled to all the benefits of the state tenure system to the same extent as though they had been members of the state tenure system from its inception.
(1) Should it be desired to incorporate any local teacher tenure system into the state system, the board having jurisdiction over the teachers under the local system shall publish in some newspaper of general circulation in the town or county in which the local tenure system is located a notice of its intent to apply for admission to the state teacher tenure system, and, in the notice, shall fix the date for a hearing thereon, which date shall not be less than ten (10) days after the first publication of the notice.
(2) Upon the day fixed by the notice for the hearing, which hearing may be adjourned from time to time if deemed necessary, the board shall hear interested parties who shall have the right to appear in person or by counsel upon the advisability of the entry or merger into the state system.
(3) After the local board of education concludes its hearing, the board shall conduct a referendum of the teachers within the local teacher tenure system, and if a majority of the teachers vote in favor of merging with the state system, then the board shall request the merger and shall forward a certified copy of the result of the referendum to the commissioner of education for consideration.
(4) If the commissioner approves the merger, then the commissioner shall give proper notice of the merger and, at the end of ten (10) days from the giving of the public notice of acceptance, the local tenure system shall be merged with and become a part of the state teacher tenure system, and the members of the local tenure system shall thereupon be entitled to all the benefits of the state tenure system to the same extent as though they had been members of the state tenure system from its inception.
(b) As used in this section: (1) "Board" means any county board of education in a county operating under a local teacher tenure act or any municipal board of education in a city operating under such act; and (2) "Local teacher tenure systems" means any teacher tenure system applicable only to a county or to a city or town and authorized by special act of the general assembly.
(1) "Board" means any county board of education in a county operating under a local teacher tenure act or any municipal board of education in a city operating under such act; and
(2) "Local teacher tenure systems" means any teacher tenure system applicable only to a county or to a city or town and authorized by special act of the general assembly.
Acts 1953, ch. 263, §§ 1, 2 (Williams, § 2345.19); Acts 1957, ch. 179, § 1; T.C.A. (orig. ed.), § 49-1420.
Tenn. Code Ann. § 49-7-129 — TN Code / Title 49 / Chapter 7 / Section 49-7-129
Short title - Notification of law enforcement agency of a medically unattended death or of a report alleging rape - Joint investigation - Penalty
Status: in_force

(a) This section shall be known and may be cited as the "Robert 'Robbie' Nottingham Campus Crime Scene Investigation Act of 2004." (b) Regardless of whether a public or private institution of higher education has entered into a mutual assistance agreement with a law enforcement agency pursuant to § 49-7-118 , the chief security officer or chief law enforcement officer of the institution shall immediately notify, unless otherwise provided by federal law, the local law enforcement agency with territorial jurisdiction over the institution, if the medically unattended death of a person occurs on the property of the institution, or if the officer is in receipt of a report from the victim alleging that any degree of rape has occurred on the property of the institution. The chief security officer or chief law enforcement officer shall designate one (1) or more persons who shall have the authority and duty to notify the appropriate law enforcement agency in the absence of the chief security officer or chief law enforcement officer. (c) Upon notification pursuant to subsection (b), it shall be the duty of each law enforcement agency to participate in a joint investigation of the death or alleged rape reported pursuant to subsection (b). In the case of a medically unattended death, the local law enforcement agency shall lead the investigation. In the case of an alleged rape, the institution's law enforcement agency shall lead the investigation. (d) After notifying the local law enforcement agency pursuant to subsection (b), the security officers or law enforcement officers and all other employees of the institution shall cooperate in every respect with the investigation conducted by the law enforcement agency. (e) Any official of a public or private institution of higher education receiving a report from a victim of rape occurring on the property or in the vicinity of the institution shall refer the victim to a sexual assault program or other service on campus or in the community. Sexual assault programs shall report annually, by January 31, to the chief security or law enforcement officer of the institution of the number of requests for assistance received from victims who were raped on or in the vicinity of a public or private institution of higher education during the preceding calendar year. (f) As used in this section, "local law enforcement agency" means: (1) Within the territory of a municipality, the municipal police force; (2) Within the territory of a county having a metropolitan form of government, the metropolitan police force; and (3) Within the unincorporated territory of a county, the sheriff's office. (g) A knowing violation of this section is a Class C misdemeanor. Acts 2004, ch. 533, § 1; 2005, ch. 305, §§ 1, 5.
(a) This section shall be known and may be cited as the "Robert 'Robbie' Nottingham Campus Crime Scene Investigation Act of 2004."
(b) Regardless of whether a public or private institution of higher education has entered into a mutual assistance agreement with a law enforcement agency pursuant to § 49-7-118 , the chief security officer or chief law enforcement officer of the institution shall immediately notify, unless otherwise provided by federal law, the local law enforcement agency with territorial jurisdiction over the institution, if the medically unattended death of a person occurs on the property of the institution, or if the officer is in receipt of a report from the victim alleging that any degree of rape has occurred on the property of the institution. The chief security officer or chief law enforcement officer shall designate one (1) or more persons who shall have the authority and duty to notify the appropriate law enforcement agency in the absence of the chief security officer or chief law enforcement officer.
(c) Upon notification pursuant to subsection (b), it shall be the duty of each law enforcement agency to participate in a joint investigation of the death or alleged rape reported pursuant to subsection (b). In the case of a medically unattended death, the local law enforcement agency shall lead the investigation. In the case of an alleged rape, the institution's law enforcement agency shall lead the investigation.
(d) After notifying the local law enforcement agency pursuant to subsection (b), the security officers or law enforcement officers and all other employees of the institution shall cooperate in every respect with the investigation conducted by the law enforcement agency.
(e) Any official of a public or private institution of higher education receiving a report from a victim of rape occurring on the property or in the vicinity of the institution shall refer the victim to a sexual assault program or other service on campus or in the community. Sexual assault programs shall report annually, by January 31, to the chief security or law enforcement officer of the institution of the number of requests for assistance received from victims who were raped on or in the vicinity of a public or private institution of higher education during the preceding calendar year.
(f) As used in this section, "local law enforcement agency" means: (1) Within the territory of a municipality, the municipal police force; (2) Within the territory of a county having a metropolitan form of government, the metropolitan police force; and (3) Within the unincorporated territory of a county, the sheriff's office.
(1) Within the territory of a municipality, the municipal police force;
(2) Within the territory of a county having a metropolitan form of government, the metropolitan police force; and
(3) Within the unincorporated territory of a county, the sheriff's office.
(g) A knowing violation of this section is a Class C misdemeanor.
Acts 2004, ch. 533, § 1; 2005, ch. 305, §§ 1, 5.