Tenn. Code Ann. § 49-4-202 — TN Code / Title 49 / Chapter 4 / Section 49-4-202
Board of directors
Status: in_force

(a) The Tennessee student assistance corporation is governed by a board of directors consisting of the governor, the commissioner of education, the state treasurer, the comptroller of the treasury, the commissioner of finance and administration, the president of the Tennessee Independent Colleges and Universities Association, the president of the Tennessee Proprietary Business School Association, the president of the University of Tennessee, the chancellor of the board of regents, the president of the Tennessee Association of Student Financial Aid Administrators, two (2) students enrolled in an institution of higher education in Tennessee, and three (3) private citizens involved in the field of education, but not employed by or professionally affiliated with any institution of higher education in the state. (b) (1) The three (3) private members of the board shall be appointed by the governor for three-year terms and shall be eligible for reappointment. (2) All appointments of citizen members made subsequent to the expiration of the initial terms shall be for three (3) years. In appointing citizen members to the board, the governor shall strive to ensure that at least one (1) private citizen serving on the board is sixty (60) years of age or older and that at least one (1) private citizen serving on the board is a member of a racial minority. (3) Vacancies created by the death or resignation of the student member or any of the three (3) private members of the board shall be filled by gubernatorial appointment for the remainder of the unexpired term. (c) (1) The student members shall be enrolled full-time in public or private institutions of higher education in Tennessee. (2) The student member shall be or have been a recipient of financial aid from one (1) or more of the programs administered by the Tennessee student assistance corporation. (3) One (1) student member shall be selected by the governor each year. The governor may select from candidates produced by the following procedures: (A) On or before September 1 of each year, the Tennessee Intercollegiate State Legislature Foundation shall notify its members, the presidents of eligible colleges or universities, and the student government organizations of all institutions with eligible students, that students may apply to run in a general election at the Tennessee Intercollegiate State Legislature annual general assembly. The candidates shall alternate between public and private institutions each year. The Tennessee Intercollegiate State Legislature shall conduct the election pursuant to its constitution and rules of order and shall be responsible for funding the election; (B) On April 1, the Tennessee Intercollegiate State Legislature shall present the governor with the names of the three (3) candidates with the most votes from the general election. The governor may select one (1) student from the three (3) candidates. The presidents of the eligible colleges and universities shall be notified by the Tennessee Intercollegiate State Legislature of the outcome of the election and subsequent appointment. (4) The governor shall appoint the selected student to the board for a term of two (2) years. The student shall be a nonvoting member for the fiscal year beginning July 1 immediately following the student's appointment. After the student has served on the board as a nonvoting member for one (1) year, the student shall serve the second year of the student's term as a voting member. (5) If a vacancy is created by the death or resignation of the voting student member, the nonvoting student member shall fill the vacancy. If a vacancy is created by the death, resignation, or promotion of the nonvoting member, the vacancy shall be filled by gubernatorial appointment for the remainder of the unexpired term. (6) Notwithstanding subdivisions (c)(2) and (3) to the contrary, to establish two-year staggered terms for the student members, the governor may select two (2) students from the six (6) candidates. Three (3) candidates shall be from private institutions and three (3) candidates shall be from public institutions. The candidates shall be chosen according to the procedures of subdivision (c)(2). The governor shall appoint one (1) student from a private institution as a voting member to a one-year term beginning on July 1, 2012. The governor shall appoint one (1) student from a public institution to a two-year term beginning on July 1, 2012, according to subdivision (c)(3). (d) The governor, the commissioner of education, the state treasurer, the comptroller of the treasury, the commissioner of finance and administration, the president of the University of Tennessee, the president of the Tennessee Proprietary Business School Association, the president of the Tennessee Association of Student Financial Aid Administrators, and the chancellor of the board of regents are authorized to designate an alternate representative who shall have full authority to vote and participate in all other activities of the board under parts 2, 3, and 6-9 of this chapter. The designations must be made in writing to the chair of the board of directors, with copies filed with the executive director and with the secretary of state. The board of directors has the authority to issue regulations implementing provisions concerning designations in such a manner as to provide for maximum continuity of representation. (e) The board shall elect its own chair. (f) All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. (g) The executive director of the Tennessee higher education commission, appointed pursuant to § 49-7-205 , shall serve as the executive director of the Tennessee student assistance corporation and shall have the responsibility, including employment of other personnel, to carry out the purposes of parts 2, 3, and 6-9 of this chapter. (h) The Tennessee student assistance corporation is authorized and empowered to expend for the necessary administration of parts 2, 3, and 6-9 of this chapter any funds appropriated, received or allocated for the purposes of parts 2, 3, and 6-9 of this chapter. Amended by 2020 Tenn. Acts, ch. 794, Secs.s 6, s 7, s 8 eff. 8/1/2020. Amended by 2020 Tenn. Acts, ch. 794, s 5, eff. 8/1/2020. Acts 1974, ch. 620, § 2; 1976, ch. 806, § 1(73); 1977, ch. 351, § 1; 1979, ch. 155, § 1; T.C.A., § 49-5002; Acts 1982, ch. 630, § 1; 1982, ch. 936, §§ 1, 2; 1983, ch. 123, §§ 1, 2; 1983, ch. 269, § 1; T.C.A., § 49-50-102 ; Acts 1988, ch. 535, §§ 3, 4; 1988, ch. 1013, § 17; 1991, ch. 201, § 1; 2009 , ch. 531, § 52; 2011 , ch. 394, §§ 1, 2.
(a) The Tennessee student assistance corporation is governed by a board of directors consisting of the governor, the commissioner of education, the state treasurer, the comptroller of the treasury, the commissioner of finance and administration, the president of the Tennessee Independent Colleges and Universities Association, the president of the Tennessee Proprietary Business School Association, the president of the University of Tennessee, the chancellor of the board of regents, the president of the Tennessee Association of Student Financial Aid Administrators, two (2) students enrolled in an institution of higher education in Tennessee, and three (3) private citizens involved in the field of education, but not employed by or professionally affiliated with any institution of higher education in the state.
(b) (1) The three (3) private members of the board shall be appointed by the governor for three-year terms and shall be eligible for reappointment. (2) All appointments of citizen members made subsequent to the expiration of the initial terms shall be for three (3) years. In appointing citizen members to the board, the governor shall strive to ensure that at least one (1) private citizen serving on the board is sixty (60) years of age or older and that at least one (1) private citizen serving on the board is a member of a racial minority. (3) Vacancies created by the death or resignation of the student member or any of the three (3) private members of the board shall be filled by gubernatorial appointment for the remainder of the unexpired term.
(1) The three (3) private members of the board shall be appointed by the governor for three-year terms and shall be eligible for reappointment.
(2) All appointments of citizen members made subsequent to the expiration of the initial terms shall be for three (3) years. In appointing citizen members to the board, the governor shall strive to ensure that at least one (1) private citizen serving on the board is sixty (60) years of age or older and that at least one (1) private citizen serving on the board is a member of a racial minority.
(3) Vacancies created by the death or resignation of the student member or any of the three (3) private members of the board shall be filled by gubernatorial appointment for the remainder of the unexpired term.
(c) (1) The student members shall be enrolled full-time in public or private institutions of higher education in Tennessee. (2) The student member shall be or have been a recipient of financial aid from one (1) or more of the programs administered by the Tennessee student assistance corporation. (3) One (1) student member shall be selected by the governor each year. The governor may select from candidates produced by the following procedures: (A) On or before September 1 of each year, the Tennessee Intercollegiate State Legislature Foundation shall notify its members, the presidents of eligible colleges or universities, and the student government organizations of all institutions with eligible students, that students may apply to run in a general election at the Tennessee Intercollegiate State Legislature annual general assembly. The candidates shall alternate between public and private institutions each year. The Tennessee Intercollegiate State Legislature shall conduct the election pursuant to its constitution and rules of order and shall be responsible for funding the election; (B) On April 1, the Tennessee Intercollegiate State Legislature shall present the governor with the names of the three (3) candidates with the most votes from the general election. The governor may select one (1) student from the three (3) candidates. The presidents of the eligible colleges and universities shall be notified by the Tennessee Intercollegiate State Legislature of the outcome of the election and subsequent appointment. (4) The governor shall appoint the selected student to the board for a term of two (2) years. The student shall be a nonvoting member for the fiscal year beginning July 1 immediately following the student's appointment. After the student has served on the board as a nonvoting member for one (1) year, the student shall serve the second year of the student's term as a voting member. (5) If a vacancy is created by the death or resignation of the voting student member, the nonvoting student member shall fill the vacancy. If a vacancy is created by the death, resignation, or promotion of the nonvoting member, the vacancy shall be filled by gubernatorial appointment for the remainder of the unexpired term. (6) Notwithstanding subdivisions (c)(2) and (3) to the contrary, to establish two-year staggered terms for the student members, the governor may select two (2) students from the six (6) candidates. Three (3) candidates shall be from private institutions and three (3) candidates shall be from public institutions. The candidates shall be chosen according to the procedures of subdivision (c)(2). The governor shall appoint one (1) student from a private institution as a voting member to a one-year term beginning on July 1, 2012. The governor shall appoint one (1) student from a public institution to a two-year term beginning on July 1, 2012, according to subdivision (c)(3).
(1) The student members shall be enrolled full-time in public or private institutions of higher education in Tennessee.
(2) The student member shall be or have been a recipient of financial aid from one (1) or more of the programs administered by the Tennessee student assistance corporation.
(3) One (1) student member shall be selected by the governor each year. The governor may select from candidates produced by the following procedures: (A) On or before September 1 of each year, the Tennessee Intercollegiate State Legislature Foundation shall notify its members, the presidents of eligible colleges or universities, and the student government organizations of all institutions with eligible students, that students may apply to run in a general election at the Tennessee Intercollegiate State Legislature annual general assembly. The candidates shall alternate between public and private institutions each year. The Tennessee Intercollegiate State Legislature shall conduct the election pursuant to its constitution and rules of order and shall be responsible for funding the election; (B) On April 1, the Tennessee Intercollegiate State Legislature shall present the governor with the names of the three (3) candidates with the most votes from the general election. The governor may select one (1) student from the three (3) candidates. The presidents of the eligible colleges and universities shall be notified by the Tennessee Intercollegiate State Legislature of the outcome of the election and subsequent appointment.
(A) On or before September 1 of each year, the Tennessee Intercollegiate State Legislature Foundation shall notify its members, the presidents of eligible colleges or universities, and the student government organizations of all institutions with eligible students, that students may apply to run in a general election at the Tennessee Intercollegiate State Legislature annual general assembly. The candidates shall alternate between public and private institutions each year. The Tennessee Intercollegiate State Legislature shall conduct the election pursuant to its constitution and rules of order and shall be responsible for funding the election;
(B) On April 1, the Tennessee Intercollegiate State Legislature shall present the governor with the names of the three (3) candidates with the most votes from the general election. The governor may select one (1) student from the three (3) candidates. The presidents of the eligible colleges and universities shall be notified by the Tennessee Intercollegiate State Legislature of the outcome of the election and subsequent appointment.
(4) The governor shall appoint the selected student to the board for a term of two (2) years. The student shall be a nonvoting member for the fiscal year beginning July 1 immediately following the student's appointment. After the student has served on the board as a nonvoting member for one (1) year, the student shall serve the second year of the student's term as a voting member.
(5) If a vacancy is created by the death or resignation of the voting student member, the nonvoting student member shall fill the vacancy. If a vacancy is created by the death, resignation, or promotion of the nonvoting member, the vacancy shall be filled by gubernatorial appointment for the remainder of the unexpired term.
(6) Notwithstanding subdivisions (c)(2) and (3) to the contrary, to establish two-year staggered terms for the student members, the governor may select two (2) students from the six (6) candidates. Three (3) candidates shall be from private institutions and three (3) candidates shall be from public institutions. The candidates shall be chosen according to the procedures of subdivision (c)(2). The governor shall appoint one (1) student from a private institution as a voting member to a one-year term beginning on July 1, 2012. The governor shall appoint one (1) student from a public institution to a two-year term beginning on July 1, 2012, according to subdivision (c)(3).
(d) The governor, the commissioner of education, the state treasurer, the comptroller of the treasury, the commissioner of finance and administration, the president of the University of Tennessee, the president of the Tennessee Proprietary Business School Association, the president of the Tennessee Association of Student Financial Aid Administrators, and the chancellor of the board of regents are authorized to designate an alternate representative who shall have full authority to vote and participate in all other activities of the board under parts 2, 3, and 6-9 of this chapter. The designations must be made in writing to the chair of the board of directors, with copies filed with the executive director and with the secretary of state. The board of directors has the authority to issue regulations implementing provisions concerning designations in such a manner as to provide for maximum continuity of representation.
(e) The board shall elect its own chair.
(f) All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
(g) The executive director of the Tennessee higher education commission, appointed pursuant to § 49-7-205 , shall serve as the executive director of the Tennessee student assistance corporation and shall have the responsibility, including employment of other personnel, to carry out the purposes of parts 2, 3, and 6-9 of this chapter.
(h) The Tennessee student assistance corporation is authorized and empowered to expend for the necessary administration of parts 2, 3, and 6-9 of this chapter any funds appropriated, received or allocated for the purposes of parts 2, 3, and 6-9 of this chapter.
Amended by 2020 Tenn. Acts, ch. 794, Secs.s 6, s 7, s 8 eff. 8/1/2020.
Amended by 2020 Tenn. Acts, ch. 794, s 5, eff. 8/1/2020.
Acts 1974, ch. 620, § 2; 1976, ch. 806, § 1(73); 1977, ch. 351, § 1; 1979, ch. 155, § 1; T.C.A., § 49-5002; Acts 1982, ch. 630, § 1; 1982, ch. 936, §§ 1, 2; 1983, ch. 123, §§ 1, 2; 1983, ch. 269, § 1; T.C.A., § 49-50-102 ; Acts 1988, ch. 535, §§ 3, 4; 1988, ch. 1013, § 17; 1991, ch. 201, § 1; 2009 , ch. 531, § 52; 2011 , ch. 394, §§ 1, 2.
Tenn. Code Ann. § 49-9-103 — TN Code / Title 49 / Chapter 9 / Section 49-9-103
Loan powers
Status: in_force

(a) (1) The board of trustees of the University of Tennessee has the right to invest the fund derived from the Land Grant Act of congress, or any part of the act, in mortgage loans and such other safe securities that may be approved by the board or its executive committee as shall yield not less than five percent (5%) per annum upon the amounts so invested. (2) The state engages that the fund so invested shall yield not less than five percent (5%) per annum upon the amounts so invested, and that the principal shall forever remain unimpaired. (b) (1) With prior approval of the state school bond authority, the University of Tennessee shall have full authority at any stated or called meeting of its board of trustees to borrow money in sums sufficient to provide funds necessary to accomplish or execute the following powers and purposes: (A) The cooperation with the general services administration and with other agencies of the United States; (B) The erection from time to time of dormitories or other buildings as may be required for the good of this institution; and (C) The acquisition of real estate. (2) With prior approval of the state school bond authority, for any such purposes, the University of Tennessee is authorized to incur debt and as evidence of any such loan, to issue bonds, notes or certificates of indebtedness. (3) In order to secure necessary loans, the University of Tennessee shall have full authority to pledge the rents, profits, income, or fees from the use of the buildings or improvements acquired with funds secured under subdivision (b)(1). (4) With prior approval of the state school bond authority, the University of Tennessee may negotiate and dispose of the bonds, notes or certificates of indebtedness authorized by subdivision (b)(2) to be issued as it sees fit, from time to time, in whole or in part. (5) The proceeds of any such loan or of the sale of the bonds, notes or certificates of indebtedness shall be applied to the purpose for which the debt is incurred by the University of Tennessee. (6) No bonds, notes, certificates or other evidences of indebtedness issued under this subsection (b) shall constitute an indebtedness of the state, nor shall the faith and credit of the state be pledged for the payment of any such bonds, notes, certificates or other evidences of indebtedness; and any obligations issued under this subsection (b) shall contain a statement to that effect; and they shall be exempt from taxation. (7) Nothing contained in this subsection (b) shall be construed as a limitation upon or as restricting in any wise powers otherwise possessed by the University of Tennessee and its board of trustees. Acts 1929, ch. 8, §§ 1, 2; Code 1932, §§ 583, 584; Acts 1935 (E.S.), ch. 14, §§ 1-7; 1939, ch. 185, § 1; mod. C. Supp. 1950, §§ 584.1-584.7 (Williams, §§ 584.6, 584.7, 584.8a); Acts 1979, ch. 116, § 3; 1980, ch. 601, § 13; T.C.A. (orig. ed.), §§ 49-3320, 49-3324 -- 49-3330; Acts 2001, ch. 28, § 2.
(a) (1) The board of trustees of the University of Tennessee has the right to invest the fund derived from the Land Grant Act of congress, or any part of the act, in mortgage loans and such other safe securities that may be approved by the board or its executive committee as shall yield not less than five percent (5%) per annum upon the amounts so invested. (2) The state engages that the fund so invested shall yield not less than five percent (5%) per annum upon the amounts so invested, and that the principal shall forever remain unimpaired.
(1) The board of trustees of the University of Tennessee has the right to invest the fund derived from the Land Grant Act of congress, or any part of the act, in mortgage loans and such other safe securities that may be approved by the board or its executive committee as shall yield not less than five percent (5%) per annum upon the amounts so invested.
(2) The state engages that the fund so invested shall yield not less than five percent (5%) per annum upon the amounts so invested, and that the principal shall forever remain unimpaired.
(b) (1) With prior approval of the state school bond authority, the University of Tennessee shall have full authority at any stated or called meeting of its board of trustees to borrow money in sums sufficient to provide funds necessary to accomplish or execute the following powers and purposes: (A) The cooperation with the general services administration and with other agencies of the United States; (B) The erection from time to time of dormitories or other buildings as may be required for the good of this institution; and (C) The acquisition of real estate. (2) With prior approval of the state school bond authority, for any such purposes, the University of Tennessee is authorized to incur debt and as evidence of any such loan, to issue bonds, notes or certificates of indebtedness. (3) In order to secure necessary loans, the University of Tennessee shall have full authority to pledge the rents, profits, income, or fees from the use of the buildings or improvements acquired with funds secured under subdivision (b)(1). (4) With prior approval of the state school bond authority, the University of Tennessee may negotiate and dispose of the bonds, notes or certificates of indebtedness authorized by subdivision (b)(2) to be issued as it sees fit, from time to time, in whole or in part. (5) The proceeds of any such loan or of the sale of the bonds, notes or certificates of indebtedness shall be applied to the purpose for which the debt is incurred by the University of Tennessee. (6) No bonds, notes, certificates or other evidences of indebtedness issued under this subsection (b) shall constitute an indebtedness of the state, nor shall the faith and credit of the state be pledged for the payment of any such bonds, notes, certificates or other evidences of indebtedness; and any obligations issued under this subsection (b) shall contain a statement to that effect; and they shall be exempt from taxation. (7) Nothing contained in this subsection (b) shall be construed as a limitation upon or as restricting in any wise powers otherwise possessed by the University of Tennessee and its board of trustees.
(1) With prior approval of the state school bond authority, the University of Tennessee shall have full authority at any stated or called meeting of its board of trustees to borrow money in sums sufficient to provide funds necessary to accomplish or execute the following powers and purposes: (A) The cooperation with the general services administration and with other agencies of the United States; (B) The erection from time to time of dormitories or other buildings as may be required for the good of this institution; and (C) The acquisition of real estate.
(A) The cooperation with the general services administration and with other agencies of the United States;
(B) The erection from time to time of dormitories or other buildings as may be required for the good of this institution; and
(C) The acquisition of real estate.
(2) With prior approval of the state school bond authority, for any such purposes, the University of Tennessee is authorized to incur debt and as evidence of any such loan, to issue bonds, notes or certificates of indebtedness.
(3) In order to secure necessary loans, the University of Tennessee shall have full authority to pledge the rents, profits, income, or fees from the use of the buildings or improvements acquired with funds secured under subdivision (b)(1).
(4) With prior approval of the state school bond authority, the University of Tennessee may negotiate and dispose of the bonds, notes or certificates of indebtedness authorized by subdivision (b)(2) to be issued as it sees fit, from time to time, in whole or in part.
(5) The proceeds of any such loan or of the sale of the bonds, notes or certificates of indebtedness shall be applied to the purpose for which the debt is incurred by the University of Tennessee.
(6) No bonds, notes, certificates or other evidences of indebtedness issued under this subsection (b) shall constitute an indebtedness of the state, nor shall the faith and credit of the state be pledged for the payment of any such bonds, notes, certificates or other evidences of indebtedness; and any obligations issued under this subsection (b) shall contain a statement to that effect; and they shall be exempt from taxation.
(7) Nothing contained in this subsection (b) shall be construed as a limitation upon or as restricting in any wise powers otherwise possessed by the University of Tennessee and its board of trustees.
Acts 1929, ch. 8, §§ 1, 2; Code 1932, §§ 583, 584; Acts 1935 (E.S.), ch. 14, §§ 1-7; 1939, ch. 185, § 1; mod. C. Supp. 1950, §§ 584.1-584.7 (Williams, §§ 584.6, 584.7, 584.8a); Acts 1979, ch. 116, § 3; 1980, ch. 601, § 13; T.C.A. (orig. ed.), §§ 49-3320, 49-3324 -- 49-3330; Acts 2001, ch. 28, § 2.
Tenn. Code Ann. § 49-6-302 — TN Code / Title 49 / Chapter 6 / Section 49-6-302
Attendance and length of term
Status: in_force

(a) There shall be established and maintained in each local school district as many elementary schools as necessary for the instruction of all the children in the school district. This shall not be construed as to invalidate §§ 49-2-501 - 49-2-503 or § 49-2-1001 . (b) It is the duty of the respective board of education to run all schools of the local school district as nearly as practicable the same length of time. (c) A school shall not be established with fewer than ten (10) students in average daily attendance. (d) Local school district boards of education shall designate the schools that pupils shall attend. (e) The board of education shall have due regard to increasing the length of the school terms for the benefit of the school district by limiting the number of schools and by consolidation whenever practicable. (f) Any county board of education may admit to the elementary schools pupils resident in another county, as provided in § 49-6-3104 . Amended by 2019 Tenn. Acts, ch. 248, s 54, eff. 5/2/2019. Acts 1925, ch. 115, § 13; Shan. Supp., §§ 1487a85, 1487a87, 1487a88; Code 1932, §§ 2376, 2378, 2379; Acts 1957, ch. 9, § 2; 1957, ch. 142, § 1; 1974, ch. 654, §§ 45-47; T.C.A. (orig. ed.), §§ 49-1001, 49-1004, 49-1006.
(a) There shall be established and maintained in each local school district as many elementary schools as necessary for the instruction of all the children in the school district. This shall not be construed as to invalidate §§ 49-2-501 - 49-2-503 or § 49-2-1001 .
(b) It is the duty of the respective board of education to run all schools of the local school district as nearly as practicable the same length of time.
(c) A school shall not be established with fewer than ten (10) students in average daily attendance.
(d) Local school district boards of education shall designate the schools that pupils shall attend.
(e) The board of education shall have due regard to increasing the length of the school terms for the benefit of the school district by limiting the number of schools and by consolidation whenever practicable.
(f) Any county board of education may admit to the elementary schools pupils resident in another county, as provided in § 49-6-3104 .
Amended by 2019 Tenn. Acts, ch. 248, s 54, eff. 5/2/2019.
Acts 1925, ch. 115, § 13; Shan. Supp., §§ 1487a85, 1487a87, 1487a88; Code 1932, §§ 2376, 2378, 2379; Acts 1957, ch. 9, § 2; 1957, ch. 142, § 1; 1974, ch. 654, §§ 45-47; T.C.A. (orig. ed.), §§ 49-1001, 49-1004, 49-1006.
Tenn. Code Ann. § 49-5-508 — TN Code / Title 49 / Chapter 5 / Section 49-5-508
Breach of contract - Effect on tenure
Status: in_force

(a) A teacher shall give the director of schools notice of resignation at least thirty (30) days in advance of the effective date of the resignation. A teacher who fails to give such notice, in the absence of justifiable mitigating circumstances, shall forfeit all tenure status under this part; provided, that the board may waive the thirty (30) days' notice requirement and permit a teacher to resign in good standing. (b) Any teacher who breaks a contract with a board of education without a justifiable reason as listed in subsection (c) shall not be given permanent tenure status in any other school system in this state, until such teacher has met all of the requirements in such system for attaining permanent status plus the serving of five (5) continuous years in lieu of the three (3) continuous years required in § 49-5-503 ; provided, that the local board of education against which the teacher has broken a contract informs the commissioner of education of the breach of contract and requests the commissioner to so notify all local boards of education in this state. The local board of education may later inform the commissioner that it is no longer holding the breach of contract against the teacher, in which event the local board of education shall request the commissioner to so notify all local boards of education in this state. If and when the local board of education informs the commissioner that it is no longer holding the breach of contract against the teacher, the penalty in this subsection (b) against the teacher shall immediately become ineffective, null and void. (c) The conditions under which it is permissible to break a contract with a local board of education are as follows: (1) The incapacity on the part of the teacher to perform the contract as evidenced by the certified statement of a physician approved by the local board of education; (2) The drafting of the teacher into military service by a selective service board; or (3) The release by the local board of education of the teacher from the contract that the teacher has entered into with the local board of education. Acts 1951, ch. 76, § 9 (Williams, § 2345.9); Acts 1961, ch. 226, § 3; 1974, ch. 654, § 78; T.C.A. (orig. ed.), § 49-1408.
(a) A teacher shall give the director of schools notice of resignation at least thirty (30) days in advance of the effective date of the resignation. A teacher who fails to give such notice, in the absence of justifiable mitigating circumstances, shall forfeit all tenure status under this part; provided, that the board may waive the thirty (30) days' notice requirement and permit a teacher to resign in good standing.
(b) Any teacher who breaks a contract with a board of education without a justifiable reason as listed in subsection (c) shall not be given permanent tenure status in any other school system in this state, until such teacher has met all of the requirements in such system for attaining permanent status plus the serving of five (5) continuous years in lieu of the three (3) continuous years required in § 49-5-503 ; provided, that the local board of education against which the teacher has broken a contract informs the commissioner of education of the breach of contract and requests the commissioner to so notify all local boards of education in this state. The local board of education may later inform the commissioner that it is no longer holding the breach of contract against the teacher, in which event the local board of education shall request the commissioner to so notify all local boards of education in this state. If and when the local board of education informs the commissioner that it is no longer holding the breach of contract against the teacher, the penalty in this subsection (b) against the teacher shall immediately become ineffective, null and void.
(c) The conditions under which it is permissible to break a contract with a local board of education are as follows: (1) The incapacity on the part of the teacher to perform the contract as evidenced by the certified statement of a physician approved by the local board of education; (2) The drafting of the teacher into military service by a selective service board; or (3) The release by the local board of education of the teacher from the contract that the teacher has entered into with the local board of education.
(1) The incapacity on the part of the teacher to perform the contract as evidenced by the certified statement of a physician approved by the local board of education;
(2) The drafting of the teacher into military service by a selective service board; or
(3) The release by the local board of education of the teacher from the contract that the teacher has entered into with the local board of education.
Acts 1951, ch. 76, § 9 (Williams, § 2345.9); Acts 1961, ch. 226, § 3; 1974, ch. 654, § 78; T.C.A. (orig. ed.), § 49-1408.
Tenn. Code Ann. § 49-9-1403 — TN Code / Title 49 / Chapter 9 / Section 49-9-1403
Entities not affiliated with state
Status: in_force

An entity described in § 49-9-1402(a) shall not be deemed or construed to be an agency, department, instrumentality, political subdivision or other arm of the state. Acts 2000, ch. 784, § 1.
An entity described in § 49-9-1402(a) shall not be deemed or construed to be an agency, department, instrumentality, political subdivision or other arm of the state.
Acts 2000, ch. 784, § 1.
Tenn. Code Ann. § 49-7-603 — TN Code / Title 49 / Chapter 7 / Section 49-7-603
Trust corporation - Formation
Status: in_force

(a) (1) A trust corporation, which shall be chartered as a not-for-profit general welfare corporation under the laws of this state, may be formed for the sole purpose of administering and providing fiduciary services for a special educational trust created for higher education, thereby benefiting all the citizens of this state. (2) The services performed by a trust corporation formed under this part are necessarily services not otherwise generally available for such purposes, and the commissioner of financial institutions shall exempt the corporation from any requirement of title 45, chapters 1 and 2 or the rules of the department of financial institutions that would threaten the viability of the corporation, including, but not limited to, capitalization requirements, fees and procedures that are not essential to the protection of the interests of the trust beneficiaries. (3) The trust corporation shall file its charter with the secretary of state and shall also record its charter in the office of the register of deeds in the county in which its principal office is located. The trust corporation's existence shall continue until terminated by law. (4) It is not the purpose of the corporation to engage in commercial banking activity or private fiduciary activity except to the limited extent of acting in a fiduciary capacity for a person who creates a trust for higher education and specifically designates a trust corporation formed under this part to serve in the capacity as trustee. (b) In addition to the general duties and powers of corporations formed under the laws of this state, a trust corporation formed under this part is authorized to: (1) Accept funds from any person, association or corporation wishing to contribute voluntarily to the trust for higher education under which it is serving as trustee; (2) Accept gifts of land for the benefit of the trust; (3) Enter into contracts, trust agreements and other fiduciary instruments; (4) Adopt, use and display a corporate seal; (5) Adopt and amend bylaws, rules and regulations for carrying out the purpose of this part; (6) Manage and invest money and other property for the benefit of the trust; (7) Act in a fiduciary capacity for a person creating a trust for higher education who specifically designates the trust corporation to act as trustee; and (8) Have the powers that are necessary and convenient to carry out the purpose for which the trust corporation is organized, including, but not limited to, any necessary and appropriate actions to associate with or participate in transactions through the federal reserve system. (c) As the trust corporation is formed for a valid public purpose and will exercise its powers for the benefit of the state, the trust corporation, and its capital stock, and all properties at any time owned or held by it in a fiduciary capacity, and the income therefrom, shall be exempt from taxation by the state or any local unit, subdivision or instrumentality of the state. (d) Any capital stock of the trust corporation shall be held by the members of the board of directors and their successors in office, by virtue of their incumbency in such offices. Acts 1987, ch. 129, § 3.
(a) (1) A trust corporation, which shall be chartered as a not-for-profit general welfare corporation under the laws of this state, may be formed for the sole purpose of administering and providing fiduciary services for a special educational trust created for higher education, thereby benefiting all the citizens of this state. (2) The services performed by a trust corporation formed under this part are necessarily services not otherwise generally available for such purposes, and the commissioner of financial institutions shall exempt the corporation from any requirement of title 45, chapters 1 and 2 or the rules of the department of financial institutions that would threaten the viability of the corporation, including, but not limited to, capitalization requirements, fees and procedures that are not essential to the protection of the interests of the trust beneficiaries. (3) The trust corporation shall file its charter with the secretary of state and shall also record its charter in the office of the register of deeds in the county in which its principal office is located. The trust corporation's existence shall continue until terminated by law. (4) It is not the purpose of the corporation to engage in commercial banking activity or private fiduciary activity except to the limited extent of acting in a fiduciary capacity for a person who creates a trust for higher education and specifically designates a trust corporation formed under this part to serve in the capacity as trustee.
(1) A trust corporation, which shall be chartered as a not-for-profit general welfare corporation under the laws of this state, may be formed for the sole purpose of administering and providing fiduciary services for a special educational trust created for higher education, thereby benefiting all the citizens of this state.
(2) The services performed by a trust corporation formed under this part are necessarily services not otherwise generally available for such purposes, and the commissioner of financial institutions shall exempt the corporation from any requirement of title 45, chapters 1 and 2 or the rules of the department of financial institutions that would threaten the viability of the corporation, including, but not limited to, capitalization requirements, fees and procedures that are not essential to the protection of the interests of the trust beneficiaries.
(3) The trust corporation shall file its charter with the secretary of state and shall also record its charter in the office of the register of deeds in the county in which its principal office is located. The trust corporation's existence shall continue until terminated by law.
(4) It is not the purpose of the corporation to engage in commercial banking activity or private fiduciary activity except to the limited extent of acting in a fiduciary capacity for a person who creates a trust for higher education and specifically designates a trust corporation formed under this part to serve in the capacity as trustee.
(b) In addition to the general duties and powers of corporations formed under the laws of this state, a trust corporation formed under this part is authorized to: (1) Accept funds from any person, association or corporation wishing to contribute voluntarily to the trust for higher education under which it is serving as trustee; (2) Accept gifts of land for the benefit of the trust; (3) Enter into contracts, trust agreements and other fiduciary instruments; (4) Adopt, use and display a corporate seal; (5) Adopt and amend bylaws, rules and regulations for carrying out the purpose of this part; (6) Manage and invest money and other property for the benefit of the trust; (7) Act in a fiduciary capacity for a person creating a trust for higher education who specifically designates the trust corporation to act as trustee; and (8) Have the powers that are necessary and convenient to carry out the purpose for which the trust corporation is organized, including, but not limited to, any necessary and appropriate actions to associate with or participate in transactions through the federal reserve system.
(1) Accept funds from any person, association or corporation wishing to contribute voluntarily to the trust for higher education under which it is serving as trustee;
(2) Accept gifts of land for the benefit of the trust;
(3) Enter into contracts, trust agreements and other fiduciary instruments;
(4) Adopt, use and display a corporate seal;
(5) Adopt and amend bylaws, rules and regulations for carrying out the purpose of this part;
(6) Manage and invest money and other property for the benefit of the trust;
(7) Act in a fiduciary capacity for a person creating a trust for higher education who specifically designates the trust corporation to act as trustee; and
(8) Have the powers that are necessary and convenient to carry out the purpose for which the trust corporation is organized, including, but not limited to, any necessary and appropriate actions to associate with or participate in transactions through the federal reserve system.
(c) As the trust corporation is formed for a valid public purpose and will exercise its powers for the benefit of the state, the trust corporation, and its capital stock, and all properties at any time owned or held by it in a fiduciary capacity, and the income therefrom, shall be exempt from taxation by the state or any local unit, subdivision or instrumentality of the state.
(d) Any capital stock of the trust corporation shall be held by the members of the board of directors and their successors in office, by virtue of their incumbency in such offices.
Acts 1987, ch. 129, § 3.
Tenn. Code Ann. § 49-2-1261 — TN Code / Title 49 / Chapter 2 / Section 49-2-1261
Multi-county consolidated school systems - Budgeting, fiscal and purchasing procedures
Status: in_force

(a) A multi-county school system created pursuant to this part shall budget according to the County Budgeting Law of 1957, compiled in title 5, chapter 12, part 1. (b) The school system shall follow the fiscal procedures of the County Fiscal Procedure Law of 1957, compiled in title 5, chapter 13. (c) The school system shall follow the purchasing process of the County Purchasing Law of 1957, compiled in title 5, chapter 14, part 1. Acts 1992, ch. 535, § 72.
(a) A multi-county school system created pursuant to this part shall budget according to the County Budgeting Law of 1957, compiled in title 5, chapter 12, part 1.
(b) The school system shall follow the fiscal procedures of the County Fiscal Procedure Law of 1957, compiled in title 5, chapter 13.
(c) The school system shall follow the purchasing process of the County Purchasing Law of 1957, compiled in title 5, chapter 14, part 1.
Acts 1992, ch. 535, § 72.
Tenn. Code Ann. § 49-11-907 — TN Code / Title 49 / Chapter 11 / Section 49-11-907
Application fee
Status: in_force

The program operator may establish an application fee sufficient to offset the costs of administering this part, subject to approval by THEC. Amended by 2019 Tenn. Acts, ch. 468,s 11, eff. 7/1/2019. Added by 2018 Tenn. Acts, ch. 991,s 2, eff. 5/21/2018.
The program operator may establish an application fee sufficient to offset the costs of administering this part, subject to approval by THEC.
Amended by 2019 Tenn. Acts, ch. 468,s 11, eff. 7/1/2019.
Added by 2018 Tenn. Acts, ch. 991,s 2, eff. 5/21/2018.
Tenn. Code Ann. § 49-4-104 — TN Code / Title 49 / Chapter 4 / Section 49-4-104
Unauthorized solicitation or advertising
Status: in_force

It is unlawful for any person, firm, corporation or corporation for profit to: (1) Solicit funds for the operation of any plan, except as provided in this part; or (2) Advertise any plan prior to the approval of the advertisement by the commissioner, to prevent material misrepresentation of law or fact with regard to the plan. Acts 1968, ch. 589, §§ 2, 4; T.C.A., §§ 49-4502, 49-4504.
It is unlawful for any person, firm, corporation or corporation for profit to:
(1) Solicit funds for the operation of any plan, except as provided in this part; or
(2) Advertise any plan prior to the approval of the advertisement by the commissioner, to prevent material misrepresentation of law or fact with regard to the plan.
Acts 1968, ch. 589, §§ 2, 4; T.C.A., §§ 49-4502, 49-4504.
Tenn. Code Ann. § 49-3-1202 — TN Code / Title 49 / Chapter 3 / Section 49-3-1202
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Authority" means the Tennessee state school bond authority created by § 49-3-1204 ; (2) "Board" means the board of trustees of the University of Tennessee or the board of regents of the state university and community college system, or both, as the case may be; (3) "Bonds" and "notes" mean bonds and notes, respectively, issued by the authority pursuant to this part; (4) "Institution" means: (A) The University of Tennessee system, including all of its branches and divisions wherever located, and the services, programs and activities provided therein, and the board of trustees of the University of Tennessee, in the aggregate; and (B) The state university and community college system, including all of its constituent institutions wherever located (whether or not conferring degrees), and the services, programs and activities provided therein, and the board of regents of the state university and community college system, in the aggregate; (5) "Loan agreement" means an agreement providing for the authority to loan the proceeds derived from the issuance of bonds, notes or other debt obligations pursuant to this chapter to a local government to be used to pay the cost of one (1) or more qualified zone academy projects; (6) "Local government" means any county, metropolitan government, incorporated city or town or special school district in this state and the state board of education acting on behalf of any special school listed in § 49-50-1001 ; (7) "Project" means and includes buildings, structures, improvements and equipment of every kind, nature and description, that may be required by or convenient for the purpose of an institution, or a combination of two (2) or more such buildings, structures, improvements and equipment. "Project" also means agricultural land related to educational purposes of an institution purchased from a governmental entity prior to October 1, 2005. "Project" also includes a program of educational loans pursuant to the Tennessee educational loan program established by chapter 4 of this title, and in connection with any such program, "charges" to borrowers includes, without limitation except for insurance premiums assessed by the Tennessee student assistance corporation, interest and other fees payable by or on account of such borrowers upon or in connection with loans made to them by an eligible institution or by the Tennessee student assistance corporation; (8) "School credit bond project" means and includes the acquisition of land for, and the construction, renovation, repair, rehabilitation, improving or equipping of, school facilities for a local government or a public charter school, as defined in § 49-13-104 , if such project qualifies to be financed through the issuance of qualified zone academy bonds as defined in [former] § 54E of the Internal Revenue Code of 1986 ( 26 U.S.C. § 54E [repealed]), or qualified school construction bonds, as defined in [former] § 54F of the Internal Revenue Code of 1986 ( 26 U.S.C. § 54F [repealed]), or both; and (9) "Tennessee student assistance corporation" or "corporation" means the corporation created by § 49-4-201 . Amended by 2013 Tenn. Acts, ch. 174, s 1, eff. 4/23/2013. Acts 1965, ch. 256, § 2; 1973, ch. 4, §§ 1, 2; 1980, ch. 711, §§ 2, 3; 1983, ch. 338, § 1; T.C.A., § 49-3513; Acts 1999, ch. 429, § 1; 2000, ch. 696, § 1; 2004, ch. 717, § 1; 2005, ch. 248, § 2; 2009 , ch. 601, § 1.
As used in this part, unless the context otherwise requires:
(1) "Authority" means the Tennessee state school bond authority created by § 49-3-1204 ;
(2) "Board" means the board of trustees of the University of Tennessee or the board of regents of the state university and community college system, or both, as the case may be;
(3) "Bonds" and "notes" mean bonds and notes, respectively, issued by the authority pursuant to this part;
(4) "Institution" means: (A) The University of Tennessee system, including all of its branches and divisions wherever located, and the services, programs and activities provided therein, and the board of trustees of the University of Tennessee, in the aggregate; and (B) The state university and community college system, including all of its constituent institutions wherever located (whether or not conferring degrees), and the services, programs and activities provided therein, and the board of regents of the state university and community college system, in the aggregate;
(A) The University of Tennessee system, including all of its branches and divisions wherever located, and the services, programs and activities provided therein, and the board of trustees of the University of Tennessee, in the aggregate; and
(B) The state university and community college system, including all of its constituent institutions wherever located (whether or not conferring degrees), and the services, programs and activities provided therein, and the board of regents of the state university and community college system, in the aggregate;
(5) "Loan agreement" means an agreement providing for the authority to loan the proceeds derived from the issuance of bonds, notes or other debt obligations pursuant to this chapter to a local government to be used to pay the cost of one (1) or more qualified zone academy projects;
(6) "Local government" means any county, metropolitan government, incorporated city or town or special school district in this state and the state board of education acting on behalf of any special school listed in § 49-50-1001 ;
(7) "Project" means and includes buildings, structures, improvements and equipment of every kind, nature and description, that may be required by or convenient for the purpose of an institution, or a combination of two (2) or more such buildings, structures, improvements and equipment. "Project" also means agricultural land related to educational purposes of an institution purchased from a governmental entity prior to October 1, 2005. "Project" also includes a program of educational loans pursuant to the Tennessee educational loan program established by chapter 4 of this title, and in connection with any such program, "charges" to borrowers includes, without limitation except for insurance premiums assessed by the Tennessee student assistance corporation, interest and other fees payable by or on account of such borrowers upon or in connection with loans made to them by an eligible institution or by the Tennessee student assistance corporation;
(8) "School credit bond project" means and includes the acquisition of land for, and the construction, renovation, repair, rehabilitation, improving or equipping of, school facilities for a local government or a public charter school, as defined in § 49-13-104 , if such project qualifies to be financed through the issuance of qualified zone academy bonds as defined in [former] § 54E of the Internal Revenue Code of 1986 ( 26 U.S.C. § 54E [repealed]), or qualified school construction bonds, as defined in [former] § 54F of the Internal Revenue Code of 1986 ( 26 U.S.C. § 54F [repealed]), or both; and
(9) "Tennessee student assistance corporation" or "corporation" means the corporation created by § 49-4-201 .
Amended by 2013 Tenn. Acts, ch. 174, s 1, eff. 4/23/2013.
Acts 1965, ch. 256, § 2; 1973, ch. 4, §§ 1, 2; 1980, ch. 711, §§ 2, 3; 1983, ch. 338, § 1; T.C.A., § 49-3513; Acts 1999, ch. 429, § 1; 2000, ch. 696, § 1; 2004, ch. 717, § 1; 2005, ch. 248, § 2; 2009 , ch. 601, § 1.
Tenn. Code Ann. § 49-1-502 — TN Code / Title 49 / Chapter 1 / Section 49-1-502
[Repealed]
Status: repealed

Repealed by 2018 Tenn. Acts, ch. 725, s 23, eff. 4/18/2018. Acts 1990, ch. 996, § 2; 1996, ch. 1079, § 183.
Repealed by 2018 Tenn. Acts, ch. 725, s 23, eff. 4/18/2018.
Acts 1990, ch. 996, § 2; 1996, ch. 1079, § 183.
Tenn. Code Ann. § 49-4-903 — TN Code / Title 49 / Chapter 4 / Section 49-4-903
Administration of scholarship and grant programs
Status: in_force

(a) The scholarship and grant programs established by this part shall be administered by TSAC, which shall be responsible for determination of eligibility of students and for the distribution of funds appropriated by the general assembly for scholarships and grants awarded under the program. In the event net proceeds from lottery revenues are insufficient to fund fully the scholarships and grants created by this part, then TSAC is authorized to review and reduce the amounts to be awarded for such scholarships and grants pro rata. (b) THEC shall provide assistance to the general assembly and to TSAC by researching and analyzing data concerning the scholarship and grant programs created under this part, including, but not limited to, student success and scholarship retention. THEC shall report its findings annually to the education committee of the senate and the education committees of the house of representatives by October 1. (c) Postsecondary educational institutions that enroll students receiving scholarships or grants under this part shall provide all information required by TSAC and THEC that is necessary for administering, reviewing, and evaluating the programs. TSAC and THEC may choose to collect data from higher education institutions or through the University of Tennessee system, board of regents, the state universities, or the Tennessee Independent Colleges and Universities Association. TSAC and THEC shall maintain confidentiality of individual student records in accordance with the Family Educational Right to Privacy Act ( 20 U.S.C. § 1232g ). Amended by 2021 Tenn. Acts, ch. 183, s 1, eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 64, s 80, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 345, s 93, eff. 5/10/2019. Amended by 2018 Tenn. Acts, ch. 628, s 3, eff. 4/2/2018. Amended by 2016 Tenn. Acts, ch. 684, s 7, eff. 3/24/2016. Amended by 2015 Tenn. Acts, ch. 182, s 38, eff. 4/17/2015. Acts 2003 , ch. 298, § 1; 2010 , ch. 839, § 1; 2012 , ch. 787, § 1; 2012 , ch. 1009, § 6.
(a) The scholarship and grant programs established by this part shall be administered by TSAC, which shall be responsible for determination of eligibility of students and for the distribution of funds appropriated by the general assembly for scholarships and grants awarded under the program. In the event net proceeds from lottery revenues are insufficient to fund fully the scholarships and grants created by this part, then TSAC is authorized to review and reduce the amounts to be awarded for such scholarships and grants pro rata.
(b) THEC shall provide assistance to the general assembly and to TSAC by researching and analyzing data concerning the scholarship and grant programs created under this part, including, but not limited to, student success and scholarship retention. THEC shall report its findings annually to the education committee of the senate and the education committees of the house of representatives by October 1.
(c) Postsecondary educational institutions that enroll students receiving scholarships or grants under this part shall provide all information required by TSAC and THEC that is necessary for administering, reviewing, and evaluating the programs. TSAC and THEC may choose to collect data from higher education institutions or through the University of Tennessee system, board of regents, the state universities, or the Tennessee Independent Colleges and Universities Association. TSAC and THEC shall maintain confidentiality of individual student records in accordance with the Family Educational Right to Privacy Act ( 20 U.S.C. § 1232g ).
Amended by 2021 Tenn. Acts, ch. 183, s 1, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 64, s 80, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 93, eff. 5/10/2019.
Amended by 2018 Tenn. Acts, ch. 628, s 3, eff. 4/2/2018.
Amended by 2016 Tenn. Acts, ch. 684, s 7, eff. 3/24/2016.
Amended by 2015 Tenn. Acts, ch. 182, s 38, eff. 4/17/2015.
Acts 2003 , ch. 298, § 1; 2010 , ch. 839, § 1; 2012 , ch. 787, § 1; 2012 , ch. 1009, § 6.
Tenn. Code Ann. § 49-6-4109 — TN Code / Title 49 / Chapter 6 / Section 49-6-4109
Trauma-informed discipline policy
Status: in_force

(a) As a strategy to address adverse childhood experiences, as defined in § 49-1-230 , each LEA and public charter school shall adopt a trauma-informed discipline policy. Each trauma-informed discipline policy must: (1) Balance accountability with an understanding of traumatic behavior; (2) Teach school and classroom rules while reinforcing that violent or abusive behavior is not allowed at school; (3) Minimize disruptions to education with an emphasis on positive behavioral supports and behavioral intervention plans; (4) Create consistent rules and consequences; and (5) Model respectful, nonviolent relationships. (b) The department of education shall develop guidance on trauma-informed discipline practices that LEAs must use to develop the policy required under subsection (a). Acts 2019, ch. 421, § 1.
(a) As a strategy to address adverse childhood experiences, as defined in § 49-1-230 , each LEA and public charter school shall adopt a trauma-informed discipline policy. Each trauma-informed discipline policy must: (1) Balance accountability with an understanding of traumatic behavior; (2) Teach school and classroom rules while reinforcing that violent or abusive behavior is not allowed at school; (3) Minimize disruptions to education with an emphasis on positive behavioral supports and behavioral intervention plans; (4) Create consistent rules and consequences; and (5) Model respectful, nonviolent relationships.
(1) Balance accountability with an understanding of traumatic behavior;
(2) Teach school and classroom rules while reinforcing that violent or abusive behavior is not allowed at school;
(3) Minimize disruptions to education with an emphasis on positive behavioral supports and behavioral intervention plans;
(4) Create consistent rules and consequences; and
(5) Model respectful, nonviolent relationships.
(b) The department of education shall develop guidance on trauma-informed discipline practices that LEAs must use to develop the policy required under subsection (a).
Acts 2019, ch. 421, § 1.
Tenn. Code Ann. § 49-7-158 — TN Code / Title 49 / Chapter 7 / Section 49-7-158
Brian Byrge Act - Free tuition for certain community college system and colleges of applied technology employees
Status: in_force

(a) This section shall be known and may be cited as the "Brian Byrge Act." (b) As used in this section, "space availability" means the maximum possible enrollment for the class has not been reached. (c) Temporary part-time employees and regular part-time employees of the community college system or Tennessee colleges of applied technology shall be eligible for enrollment in one (1) course, consisting of no more than four (4) credit hours or one hundred twenty (120) clock hours, per term at any community college or Tennessee college of applied technology, at which such temporary part-time employee or regular part-time employee is employed, without paying tuition charges or maintenance fees. However, temporary part-time employees and regular part-time employees shall be responsible for fees, other than maintenance fees, associated with their enrollment and attendance. (d) Enrollment privileges may be limited or denied by the community college or Tennessee college of applied technology on an individual classroom basis according to space availability. No tuition paying student shall be denied enrollment in a course because of part-time employee enrollment pursuant to this section. (e) Courses taken under this section shall be governed by the academic rules and regulations of the institution or school offering the course or courses. (f) This section shall have no effect on existing staff development programs at the institutions and schools of the state university and community college system. (g) It is the legislative intent that the fees waived by this section shall not be deducted from the institution's budgets recommended by the Tennessee higher education commission. (h) This section shall not apply to: (1) [Deleted by 2023 amendment.] (2) Temporary part-time employees who are hired through a temporary work agency or temporary staffing firm, where the temporary work agency or temporary staffing firm pays the employee. Amended by 2023 Tenn. Acts, ch. 339, s 1, eff. 7/1/2023. Acts 2014, ch. 951, § 1.
(a) This section shall be known and may be cited as the "Brian Byrge Act."
(b) As used in this section, "space availability" means the maximum possible enrollment for the class has not been reached.
(c) Temporary part-time employees and regular part-time employees of the community college system or Tennessee colleges of applied technology shall be eligible for enrollment in one (1) course, consisting of no more than four (4) credit hours or one hundred twenty (120) clock hours, per term at any community college or Tennessee college of applied technology, at which such temporary part-time employee or regular part-time employee is employed, without paying tuition charges or maintenance fees. However, temporary part-time employees and regular part-time employees shall be responsible for fees, other than maintenance fees, associated with their enrollment and attendance.
(d) Enrollment privileges may be limited or denied by the community college or Tennessee college of applied technology on an individual classroom basis according to space availability. No tuition paying student shall be denied enrollment in a course because of part-time employee enrollment pursuant to this section.
(e) Courses taken under this section shall be governed by the academic rules and regulations of the institution or school offering the course or courses.
(f) This section shall have no effect on existing staff development programs at the institutions and schools of the state university and community college system.
(g) It is the legislative intent that the fees waived by this section shall not be deducted from the institution's budgets recommended by the Tennessee higher education commission.
(h) This section shall not apply to: (1) [Deleted by 2023 amendment.] (2) Temporary part-time employees who are hired through a temporary work agency or temporary staffing firm, where the temporary work agency or temporary staffing firm pays the employee.
(1) [Deleted by 2023 amendment.]
(2) Temporary part-time employees who are hired through a temporary work agency or temporary staffing firm, where the temporary work agency or temporary staffing firm pays the employee.
Amended by 2023 Tenn. Acts, ch. 339, s 1, eff. 7/1/2023.
Acts 2014, ch. 951, § 1.
Tenn. Code Ann. § 49-6-4108 — TN Code / Title 49 / Chapter 6 / Section 49-6-4108
Report detailing use of corporal punishment required
Status: in_force

(a) Beginning with the 2018-2019 school year, each LEA shall submit, at least annually, a report to the department of education detailing the LEA's use of corporal punishment. The report shall include, at a minimum: (1) The school at which each instance of corporal punishment occurred; (2) Information regarding the reason for each instance of corporal punishment; (3) Whether an instance of corporal punishment involved a student with an active individualized education program, and if so, the primary disability category for which the student has an individualized education program; and (4) Whether an instance of corporal punishment involved a student with an active 504 plan under Section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. § 794 ), and if so, the reason for which the student has a 504 plan. (b) The report submitted pursuant to this section shall exclude any personally identifiable information and shall be created in accordance with the Family Education Rights and Privacy Act (FERPA) ( 20 U.S.C. § 1232g ), § 10-7-504 , and any other relevant state or federal privacy law. (c) The department shall report on its website the number of instances of corporal punishment in each LEA and the number of instances involving a student with an active individualized education program or an active 504 plan under Section 504 of the Rehabilitation Act of 1973. Acts 2018 , ch. 777, § 1.
(a) Beginning with the 2018-2019 school year, each LEA shall submit, at least annually, a report to the department of education detailing the LEA's use of corporal punishment. The report shall include, at a minimum: (1) The school at which each instance of corporal punishment occurred; (2) Information regarding the reason for each instance of corporal punishment; (3) Whether an instance of corporal punishment involved a student with an active individualized education program, and if so, the primary disability category for which the student has an individualized education program; and (4) Whether an instance of corporal punishment involved a student with an active 504 plan under Section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. § 794 ), and if so, the reason for which the student has a 504 plan.
(1) The school at which each instance of corporal punishment occurred;
(2) Information regarding the reason for each instance of corporal punishment;
(3) Whether an instance of corporal punishment involved a student with an active individualized education program, and if so, the primary disability category for which the student has an individualized education program; and
(4) Whether an instance of corporal punishment involved a student with an active 504 plan under Section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. § 794 ), and if so, the reason for which the student has a 504 plan.
(b) The report submitted pursuant to this section shall exclude any personally identifiable information and shall be created in accordance with the Family Education Rights and Privacy Act (FERPA) ( 20 U.S.C. § 1232g ), § 10-7-504 , and any other relevant state or federal privacy law.
(c) The department shall report on its website the number of instances of corporal punishment in each LEA and the number of instances involving a student with an active individualized education program or an active 504 plan under Section 504 of the Rehabilitation Act of 1973.
Acts 2018 , ch. 777, § 1.
Tenn. Code Ann. § 49-5-608 — TN Code / Title 49 / Chapter 5 / Section 49-5-608
Scope of conferencing
Status: in_force

(a) A local board of education shall be required to participate in collaborative conferencing with professional employees, or their designated representatives, if any, with respect to only those terms and conditions of employment that are specified in this section. Such terms and conditions include and are limited to the following: (1) Salaries or wages; (2) Grievance procedures; (3) Insurance; (4) Fringe benefits, but not to include pensions or retirement programs of the Tennessee consolidated retirement system or locally authorized early retirement incentives; (5) Working conditions; except those working conditions which are prescribed by federal law, state law, private act, municipal charter or rules and regulations of the state board of education, the department of education or any other department or agency of state or local government; (6) Leave; and (7) Payroll deductions; except as provided in subsection (b). (b) No other terms or conditions of employment shall be the subject of collaborative conferencing between the board of education and the professional employees or their representatives and no collaborative conferencing shall be conducted on the following subjects: (1) Differentiated pay plans and other incentive compensation programs including stipends and associated benefits that are based on professional employee performance that exceeds expectations, or that aid in hiring and retaining highly qualified teachers for hard-to-staff schools and subject areas; (2) Expenditure of grants or awards from federal, state or local governments and foundations or other private organizations that are expressly designated for specific purposes; (3) Evaluation of professional employees pursuant to federal or state law or state board of education policy; (4) Staffing decisions and state board of education or local board of education policies relating to innovative educational programs under § 49-1-207 ; innovative high school programs under chapter 15 of this title; virtual education programs under chapter 16 of this title; and other programs for innovative schools or school districts that may be enacted by the general assembly; (5) All personnel decisions concerning assignment of professional employees, including, but not limited to, filling of vacancies, assignments to specific schools, positions, professional duties, transfers within the system, layoffs, reductions in force, and recall. No agreement shall include provisions that require personnel decisions to be determined on the basis of tenure, seniority or length of service; and (6) Payroll deductions for political activities. (c) The director of schools shall be permitted to communicate with professional employees employed by the local board of education concerning any subject relevant to the operation of the school system, including the terms and conditions of professional service that are subject to collaborative conferencing, through any means, medium or format the director chooses. Acts 2011, ch. 378, § 1.
(a) A local board of education shall be required to participate in collaborative conferencing with professional employees, or their designated representatives, if any, with respect to only those terms and conditions of employment that are specified in this section. Such terms and conditions include and are limited to the following: (1) Salaries or wages; (2) Grievance procedures; (3) Insurance; (4) Fringe benefits, but not to include pensions or retirement programs of the Tennessee consolidated retirement system or locally authorized early retirement incentives; (5) Working conditions; except those working conditions which are prescribed by federal law, state law, private act, municipal charter or rules and regulations of the state board of education, the department of education or any other department or agency of state or local government; (6) Leave; and (7) Payroll deductions; except as provided in subsection (b).
(1) Salaries or wages;
(2) Grievance procedures;
(3) Insurance;
(4) Fringe benefits, but not to include pensions or retirement programs of the Tennessee consolidated retirement system or locally authorized early retirement incentives;
(5) Working conditions; except those working conditions which are prescribed by federal law, state law, private act, municipal charter or rules and regulations of the state board of education, the department of education or any other department or agency of state or local government;
(6) Leave; and
(7) Payroll deductions; except as provided in subsection (b).
(b) No other terms or conditions of employment shall be the subject of collaborative conferencing between the board of education and the professional employees or their representatives and no collaborative conferencing shall be conducted on the following subjects: (1) Differentiated pay plans and other incentive compensation programs including stipends and associated benefits that are based on professional employee performance that exceeds expectations, or that aid in hiring and retaining highly qualified teachers for hard-to-staff schools and subject areas; (2) Expenditure of grants or awards from federal, state or local governments and foundations or other private organizations that are expressly designated for specific purposes; (3) Evaluation of professional employees pursuant to federal or state law or state board of education policy; (4) Staffing decisions and state board of education or local board of education policies relating to innovative educational programs under § 49-1-207 ; innovative high school programs under chapter 15 of this title; virtual education programs under chapter 16 of this title; and other programs for innovative schools or school districts that may be enacted by the general assembly; (5) All personnel decisions concerning assignment of professional employees, including, but not limited to, filling of vacancies, assignments to specific schools, positions, professional duties, transfers within the system, layoffs, reductions in force, and recall. No agreement shall include provisions that require personnel decisions to be determined on the basis of tenure, seniority or length of service; and (6) Payroll deductions for political activities.
(1) Differentiated pay plans and other incentive compensation programs including stipends and associated benefits that are based on professional employee performance that exceeds expectations, or that aid in hiring and retaining highly qualified teachers for hard-to-staff schools and subject areas;
(2) Expenditure of grants or awards from federal, state or local governments and foundations or other private organizations that are expressly designated for specific purposes;
(3) Evaluation of professional employees pursuant to federal or state law or state board of education policy;
(4) Staffing decisions and state board of education or local board of education policies relating to innovative educational programs under § 49-1-207 ; innovative high school programs under chapter 15 of this title; virtual education programs under chapter 16 of this title; and other programs for innovative schools or school districts that may be enacted by the general assembly;
(5) All personnel decisions concerning assignment of professional employees, including, but not limited to, filling of vacancies, assignments to specific schools, positions, professional duties, transfers within the system, layoffs, reductions in force, and recall. No agreement shall include provisions that require personnel decisions to be determined on the basis of tenure, seniority or length of service; and
(6) Payroll deductions for political activities.
(c) The director of schools shall be permitted to communicate with professional employees employed by the local board of education concerning any subject relevant to the operation of the school system, including the terms and conditions of professional service that are subject to collaborative conferencing, through any means, medium or format the director chooses.
Acts 2011, ch. 378, § 1.
Tenn. Code Ann. § 49-4-918 — TN Code / Title 49 / Chapter 4 / Section 49-4-918
Military service
Status: in_force

(a) A student who enters the United States armed services within two (2) years after the student graduates from an eligible high school, graduates from a high school located in Tennessee that is not an eligible high school, completes high school in a Tennessee home school program or obtains a high school equivalency credential approved by the state board of education may apply for a Tennessee HOPE scholarship within seven (7) years of the student's date of entry into military service; provided, that the student did not attend a postsecondary institution before entering military service. If, however, the student is separated from active duty under a fully honorable discharge before applying for a Tennessee HOPE scholarship, then the student shall apply for a scholarship within one (1) year of the date of separation from active duty under a fully honorable discharge or within seven (7) years of the student's date of entry into military service, whichever occurs first. (b) To be eligible for a Tennessee HOPE scholarship, the student shall: (1) Meet the requirements of § 49-4-907 , other than any requirements pertaining to deadlines for application for a Tennessee HOPE scholarship if the student graduated from an eligible high school before entering military service; or (2) Meet the requirements of § 49-4-908 , other than any requirements pertaining to deadlines for application for a Tennessee HOPE scholarship if the student completed high school in a Tennessee home school program, graduated from a high school located in Tennessee that is not an eligible high school or obtained a high school equivalency credential approved by the state board of education. (c) To continue to receive the scholarship, the student shall maintain satisfactory academic progress in accordance with the standards and practices used for federal Title IV programs by the institution at which the student is enrolled, shall continue to meet all eligibility requirements, shall reapply for the scholarship each academic year and shall meet the continuation requirements of § 49-4-911 . (d) This section shall not apply to any person whose discharge is not fully honorable. Discharges under honorable conditions and general discharges do not establish eligibility for a Tennessee HOPE scholarship under this section. Amended by 2023 Tenn. Acts, ch. 114,s 20, eff. 7/1/2023. Amended by 2015 Tenn. Acts, ch. 495, s 6, eff. 7/1/2015. Acts 2003 , ch. 298, § 1; 2004, ch. 690, §§ 1, 2; 2004, ch. 840, § 15.
(a) A student who enters the United States armed services within two (2) years after the student graduates from an eligible high school, graduates from a high school located in Tennessee that is not an eligible high school, completes high school in a Tennessee home school program or obtains a high school equivalency credential approved by the state board of education may apply for a Tennessee HOPE scholarship within seven (7) years of the student's date of entry into military service; provided, that the student did not attend a postsecondary institution before entering military service. If, however, the student is separated from active duty under a fully honorable discharge before applying for a Tennessee HOPE scholarship, then the student shall apply for a scholarship within one (1) year of the date of separation from active duty under a fully honorable discharge or within seven (7) years of the student's date of entry into military service, whichever occurs first.
(b) To be eligible for a Tennessee HOPE scholarship, the student shall: (1) Meet the requirements of § 49-4-907 , other than any requirements pertaining to deadlines for application for a Tennessee HOPE scholarship if the student graduated from an eligible high school before entering military service; or (2) Meet the requirements of § 49-4-908 , other than any requirements pertaining to deadlines for application for a Tennessee HOPE scholarship if the student completed high school in a Tennessee home school program, graduated from a high school located in Tennessee that is not an eligible high school or obtained a high school equivalency credential approved by the state board of education.
(1) Meet the requirements of § 49-4-907 , other than any requirements pertaining to deadlines for application for a Tennessee HOPE scholarship if the student graduated from an eligible high school before entering military service; or
(2) Meet the requirements of § 49-4-908 , other than any requirements pertaining to deadlines for application for a Tennessee HOPE scholarship if the student completed high school in a Tennessee home school program, graduated from a high school located in Tennessee that is not an eligible high school or obtained a high school equivalency credential approved by the state board of education.
(c) To continue to receive the scholarship, the student shall maintain satisfactory academic progress in accordance with the standards and practices used for federal Title IV programs by the institution at which the student is enrolled, shall continue to meet all eligibility requirements, shall reapply for the scholarship each academic year and shall meet the continuation requirements of § 49-4-911 .
(d) This section shall not apply to any person whose discharge is not fully honorable. Discharges under honorable conditions and general discharges do not establish eligibility for a Tennessee HOPE scholarship under this section.
Amended by 2023 Tenn. Acts, ch. 114,s 20, eff. 7/1/2023.
Amended by 2015 Tenn. Acts, ch. 495, s 6, eff. 7/1/2015.
Acts 2003 , ch. 298, § 1; 2004, ch. 690, §§ 1, 2; 2004, ch. 840, § 15.
Tenn. Code Ann. § 49-7-205 — TN Code / Title 49 / Chapter 7 / Section 49-7-205
Staff
Status: in_force

(a) (1) The commission is empowered to employ an executive director, define the executive director's duties and, within budgetary limitations, fix the executive director's compensation. (2) The executive director shall serve at the pleasure of the commission. (3) The executive director shall have the educational preparation and experience that qualifies the executive director, in the commission's judgment, to understand and evaluate the problems and needs of the state's institutions of higher learning and to direct the studies of the commission. (b) Within budgetary limitations, and subject to the approval of the commissioner of human resources, the executive director may employ other professional and staff employees necessary to efficiently discharge the duties of the agency. (c) The executive director and all other employees shall be reimbursed for travel expenses in accordance with the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter. Amended by 2018 Tenn. Acts, ch. 666,s 1, eff. 1/1/2019. Amended by 2013 Tenn. Acts, ch. 296,s 27, eff. 4/29/2013. Acts 1967, ch. 179, § 6; 1968, ch. 565, § 1; 1976, ch. 806, § 1(77); T.C.A., §§ 49-4206, 49-4210; Acts 2012, ch. 986, § 20.
(a) (1) The commission is empowered to employ an executive director, define the executive director's duties and, within budgetary limitations, fix the executive director's compensation. (2) The executive director shall serve at the pleasure of the commission. (3) The executive director shall have the educational preparation and experience that qualifies the executive director, in the commission's judgment, to understand and evaluate the problems and needs of the state's institutions of higher learning and to direct the studies of the commission.
(1) The commission is empowered to employ an executive director, define the executive director's duties and, within budgetary limitations, fix the executive director's compensation.
(2) The executive director shall serve at the pleasure of the commission.
(3) The executive director shall have the educational preparation and experience that qualifies the executive director, in the commission's judgment, to understand and evaluate the problems and needs of the state's institutions of higher learning and to direct the studies of the commission.
(b) Within budgetary limitations, and subject to the approval of the commissioner of human resources, the executive director may employ other professional and staff employees necessary to efficiently discharge the duties of the agency.
(c) The executive director and all other employees shall be reimbursed for travel expenses in accordance with the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter.
Amended by 2018 Tenn. Acts, ch. 666,s 1, eff. 1/1/2019.
Amended by 2013 Tenn. Acts, ch. 296,s 27, eff. 4/29/2013.
Acts 1967, ch. 179, § 6; 1968, ch. 565, § 1; 1976, ch. 806, § 1(77); T.C.A., §§ 49-4206, 49-4210; Acts 2012, ch. 986, § 20.
Tenn. Code Ann. § 49-50-1005 — TN Code / Title 49 / Chapter 50 / Section 49-50-1005
Tennessee School for the Deaf
Status: in_force

(a) The state school for the education of students who are deaf or hearing impaired, located in the city of Knoxville, shall be a body corporate by the name of "Tennessee School for the Deaf." The state school for the education of students who are deaf or hearing impaired, located in the city of Jackson, shall be a body corporate by the name of "West Tennessee School for the Deaf." (b) Each corporation has the right to: (1) Sue in law or equity; (2) Receive donations of money from any source for the benefit of the school; (3) Take and hold property, real and personal, for its use and benefit as a school; and (4) Have a seal and such corporate rights and powers as are necessary and proper to effect the end of its creation, the education of students who are deaf. (c) The commissioner may: (1) Administer and manage the household and domestic affairs of the schools; and (2) Implement policies and guidelines of the state board of education relative to the schools. (d) The land, buildings, and appurtenances used by the Tennessee School for the Deaf and the West Tennessee School for the Deaf are the property of this state. (e) Any student three (3) through twenty-one (21) years of age, both inclusive, who is a resident of this state and who has a hearing impairment that adversely affects the student's educational performance is eligible for admission to the Tennessee School for the Deaf or the West Tennessee School for the Deaf. (f) The director of schools for the Tennessee School for the Deaf and the West Tennessee School for the Deaf may admit eligible students who have been evaluated and referred by the student's individualized education program team, as defined by § 49-10-102 , for services at the school as the most appropriate placement within the least restrictive environment. (g) Students admitted to the Tennessee School for the Deaf or the West Tennessee School for the Deaf who are residents of this state shall not be charged tuition. Added by 2019 Tenn. Acts, ch. 107, s 42, eff. 4/11/2019.
(a) The state school for the education of students who are deaf or hearing impaired, located in the city of Knoxville, shall be a body corporate by the name of "Tennessee School for the Deaf." The state school for the education of students who are deaf or hearing impaired, located in the city of Jackson, shall be a body corporate by the name of "West Tennessee School for the Deaf."
(b) Each corporation has the right to: (1) Sue in law or equity; (2) Receive donations of money from any source for the benefit of the school; (3) Take and hold property, real and personal, for its use and benefit as a school; and (4) Have a seal and such corporate rights and powers as are necessary and proper to effect the end of its creation, the education of students who are deaf.
(1) Sue in law or equity;
(2) Receive donations of money from any source for the benefit of the school;
(3) Take and hold property, real and personal, for its use and benefit as a school; and
(4) Have a seal and such corporate rights and powers as are necessary and proper to effect the end of its creation, the education of students who are deaf.
(c) The commissioner may: (1) Administer and manage the household and domestic affairs of the schools; and (2) Implement policies and guidelines of the state board of education relative to the schools.
(1) Administer and manage the household and domestic affairs of the schools; and
(2) Implement policies and guidelines of the state board of education relative to the schools.
(d) The land, buildings, and appurtenances used by the Tennessee School for the Deaf and the West Tennessee School for the Deaf are the property of this state.
(e) Any student three (3) through twenty-one (21) years of age, both inclusive, who is a resident of this state and who has a hearing impairment that adversely affects the student's educational performance is eligible for admission to the Tennessee School for the Deaf or the West Tennessee School for the Deaf.
(f) The director of schools for the Tennessee School for the Deaf and the West Tennessee School for the Deaf may admit eligible students who have been evaluated and referred by the student's individualized education program team, as defined by § 49-10-102 , for services at the school as the most appropriate placement within the least restrictive environment.
(g) Students admitted to the Tennessee School for the Deaf or the West Tennessee School for the Deaf who are residents of this state shall not be charged tuition.
Added by 2019 Tenn. Acts, ch. 107, s 42, eff. 4/11/2019.
Tenn. Code Ann. § 49-7-202 — TN Code / Title 49 / Chapter 7 / Section 49-7-202
Duties
Status: in_force

(a) It is the duty of the commission on a continuing basis to study the use of public funds for higher education in this state and to analyze programs and needs in the field of higher education. (b) The commission shall establish and ensure that all postsecondary institutions in this state cooperatively provide for an integrated system of postsecondary education. The commission shall guard against inappropriate and unnecessary conflict and duplication by promoting transferability of credits and easy access of information among institutions. (c) The commission shall: (1) Provide planning and policy leadership, including a distinct and visible role in setting the state's higher education policy agenda and serving as an agent of education transformation; (2) Develop and advance the education public policy agenda of the state to address the challenges facing higher education in Tennessee; and (3) Develop public consensus and awareness for the Tennessee higher education public policy agenda. (d) (1) The commission shall develop a statewide master plan to increase the educational attainment levels of Tennesseans through strategic future development of public universities, community colleges, and colleges of applied technology. (2) In the development of this master plan, the commission shall actively engage with state institutions of higher education and their respective governing boards, as well as key stakeholders, and the appropriate state agencies. (3) The commission shall engage regional and statewide constituencies for input and information to ensure the master plan supports the development of higher education opportunities for Tennesseans. Additionally, provisions of the master plan shall facilitate regional cooperation and alignment among postsecondary institutions, secondary educational institutions, business, and industry, as well as civic and community leaders. (4) This master plan shall be reviewed and revised as deemed appropriate by the commission, and shall include, but not be limited to, consideration of the following provisions: (A) Addressing the state's economic development, workforce development, and research needs; (B) Ensuring increased degree production within the state's capacity to support higher education; (C) Using institutional mission differentiation to minimize redundancy in degree offerings, instructional locations, and competitive research, and to realize statewide efficiencies through institutional collaboration; and (D) Establishing eligible incarcerated individuals housed in correctional facilities in this state as a focus population in order to increase the degree attainment of such individuals. (5) Following completion of the master plan and to expedite implementation, the commission shall submit any necessary higher education policy recommendations to the governing boards of the various institutions, the governor, and the general assembly through the education committee of the senate and the education administration committee of the house of representatives. (e) Concurrent with the adoption of each revised master plan and in consultation with the respective governing boards, the commission shall approve institutional mission statements. Submitted by state institutions, an institutional mission statement shall characterize distinctiveness in degree offerings and shall address institutional accountability for the quality of instruction, student learning, and, where applicable, research and public service to benefit Tennessee citizens. Nothing contained in this section shall prohibit any institution from pursuing research and related activities that are consistent with the institution's mission. (f) (1) The commission shall develop and utilize an outcomes-based funding formula model to ensure the fair and equitable distribution and use of public funds among state institutions of higher education. (2) This funding formula model shall further the goals of the statewide master plan by emphasizing outcomes across a range of variables that shall be weighted to reinforce each institution's mission and provide incentives for productivity improvements consistent with the state's higher education master plan, including: (A) End-of-term enrollment for each term, student retention, and timely progress toward degree completion and degree production; and (B) Student transfer activity, research, and student success, as well as compliance with the transfer and articulation policies required in this section. (3) The funding formula model shall consider the impact of tuition, maintenance fees, and other charges assessed by each institution in determining the fair and equitable distribution of public funds. The commission shall also consider capital outlay programs and operating expenses, which shall be utilized to determine the higher education appropriations recommendation. (g) (1) The commission shall establish a review committee to aid in development or revision of the higher education master plan and funding formula. The committee shall include the executive director of the Tennessee higher education commission, the chancellor of the board of regents, the president of the University of Tennessee system, each president of a board of regents state university, the commissioner of finance and administration, the comptroller of the treasury, the chairs of the standing committees on education and finance, ways and means of the senate, the chairs of the standing committees on education administration and finance, ways and means of the house of representatives, and the directors of the office of legislative budget analysis, or their designees. (2) The committee shall review the funding formula components, as well as identify needed revisions, additions, or deletions to the formula. The committee shall also ensure that the funding formula is linked to the goals and objectives of the master plan. (3) The review committee shall meet at least annually. (h) The commission shall submit the revised higher education funding formula to the office of legislative budget analysis and the comptroller of the treasury no later than December 1 of each year. The commission shall also report any projected tuition increases for the next academic year to the office of legislative budget analysis and the comptroller of the treasury no later than December 1 of each year. The office of legislative budget analysis and the comptroller of the treasury shall each provide comments on the higher education funding formula to the chairs of the education and finance, ways and means committees of the senate and the chairs of the education administration and finance, ways and means committees of the house of representatives. (i) Before any amendment or revision to the outcomes-based funding formula model shall become effective, the amendment or revision shall be presented to the education and finance, ways and means committees of the senate and the education administration and finance, ways and means committees of the house of representatives for review and recommendation. (j) In the implementation of its duties, the commission, in cooperation with the commissioner of finance and administration and the comptroller of the treasury, shall establish uniform standards of accounting, records, and statistical reporting systems in accordance with accepted national standards, which standards shall be adhered to by the various institutions in preparing for submission to the commission statistical data and requests for appropriations. (k) The commission shall develop funding recommendations that reflect the outcomes-based funding formula model as well as the priorities of the approved master plan. (l) The commission shall have no authority for recommending individual colleges of applied technology's operating budgets nor in approving or disapproving the transfer of any funds between colleges of applied technology deemed necessary by the board of regents to carry out the provisions of chapter 181 of the Public Acts of 1983. For fiscal years ending on and after June 30, 2013, the commission shall have no authority for recommending individual community colleges' operating budgets or in approving or disapproving the transfer of any funds between community colleges as may be determined necessary by the board of regents. (m) The commission shall develop a comprehensive strategic financial plan for higher education focusing on state appropriations, student tuition and other charges, financial aid, and capital and infrastructure issues, as well as other factors, as appropriate. The plan shall also address higher education efficiency, affordability, performance, return on investment, and other relevant factors. (n) (1) The commission shall review annually tuition and other institutional fees charged to students attending state institutions of higher education. (2) Following this review, the commission shall approve annually a tuition and fee policy binding upon all state institutions of higher education. This tuition policy shall apply only to tuition and fees charged to undergraduate students classified as Tennessee residents, commonly referred to as in-state tuition or maintenance fees. (3) The tuition policy shall include two (2) approved ranges of allowable percentage adjustment: (A) One (1) range for any proposed modification to the current tuition rates; and (B) One (1) range for any proposed modification to the combined total amount of tuition and all mandatory fees assessed. (4) Institutions may adopt tuition and fee adjustments within the commission's approved policy ranges, but no increase shall exceed the maximum percent adjustment approved by the commission. (5) Tuition-setting authority for undergraduate students not classified as Tennessee residents and all graduate-level students shall be the sole responsibility of the institution's respective governing board. (6) Nothing in this subsection (n) shall prohibit institutions from reducing the total tuition and fees charged to students. (7) Notwithstanding this subsection (n), no change in tuition or fee policy shall be made that, in the opinion of the board of regents, might adversely affect compliance with, or future borrowings pursuant to, financing agreements with the Tennessee state school bond authority. (o) The commission shall establish a formal process, consistent with § 49-7-1002 , for identifying capital investment needs and determining priorities for these investments for consideration by the governor and the general assembly as part of the annual appropriations act. (p) As necessary, the commission may convene the membership, leaders, and personnel of each public institution, governing board, or system to ensure a cohesive and coordinated system of higher education public policy. The commission may also conduct orientation and informational policy seminars for members of governing boards. (q) (1) (A) The commission shall study the need for particular programs, departments, academic divisions, branch operations, extension services, adult education activities, public service activities, and work programs of the various institutions of higher learning, with a particular view to their cost and relevance and to make recommendations to the respective governing boards for the purpose of minimizing duplication and overlapping of functions and services and to foster cooperative programs among the various institutions. (B) The commission is authorized to make recommendations to the governing boards for the termination of existing on-campus and off-campus programs of those institutions set forth in § 49-7-203 that are determined by the commission to be unnecessarily duplicative. A copy of the recommendations shall be filed with the education committee of the senate and the education administration committee of the house of representatives. (C) The governing boards of the institutions shall make a report annually on any program terminations to the education committee of the senate and the education administration committee of the house of representatives, and a copy of the report shall be filed with the commission. (2) (A) The commission shall review and approve or disapprove all proposals for new degrees or degree programs or for the establishment of new academic departments or divisions within the various institutions of higher learning. (B) Determination of specific courses or course content, however, shall continue to be the exclusive function of the governing boards of the various institutions. (C) This subdivision (q)(2) shall apply to state colleges of applied technology only if the schools grant degrees and shall apply only to those schools granting degrees, unless the system as a whole grants degrees. (3) The commission shall review and approve or disapprove all proposals by any existing higher education institution to establish a physical presence at any location other than its main campus or to extend an existing location that will be utilized for administrative purposes or to offer courses for which academic credit is offered. If the new location will create or expand a physical presence out of state, the higher education institution shall, through its governing board, file with the commission a notice of intent to initiate out-of-state instructional activity prior to the development of the proposal. The commission shall, no later than February 15 of each year, report to the chairs of the fiscal review committee, the education committee of the senate, and the education administration committee of the house of representatives of any such notices filed in the previous year and the status of that application. The commission shall develop policies and procedures governing the process outlined in this subdivision (q)(3). This subdivision (q)(3) shall also apply to state colleges of applied technology. (r) (1) The commission shall require all state institutions of higher education to collaborate and develop a transfer pathway for at least the fifty (50) undergraduate majors for which the demand from students is the highest and in those fields of study for which the development of a transfer pathway is feasible based on the nature of the field of study. (2) (A) A transfer pathway shall consist of sixty (60) hours of instruction that a student can transfer and apply toward the requirements for a bachelor's degree at a public institution that offers the transfer pathway. The sixty (60) hours of instruction in a transfer pathway shall consist of forty-one (41) hours of general education courses instruction and nineteen (19) hours of pre-major courses instruction, or elective courses instruction that count toward a major, as prescribed by the commission, which shall consider the views of chief academic officers and faculty senates of the respective campuses. Courses in a transfer pathway shall transfer and apply toward the requirements for graduation with a bachelor's degree at all public universities. (B) An associate of science or associate of arts degree graduate from a Tennessee community college shall be deemed to have met all general education and university parallel core requirements for transfer to a Tennessee public university as a junior. Notwithstanding this subdivision (r)(2)(B), admission into a particular program, school, or college within a university, or into the University of Tennessee, Knoxville, shall remain competitive in accordance with generally applicable policies. (C) The forty-one-hour lower division general education core common to all state colleges and universities shall be fully transferable as a block to, and satisfy the general education core of, any public community college or university. A completed subject category, for example, natural sciences or mathematics, within the forty-one-hour general education core shall also be fully transferable and satisfy that subject category of the general education core at any public community college or university. (D) The nineteen-hour lower division AA/AS area of emphasis articulated to a baccalaureate major shall be universally transferable as a block satisfying lower division major requirements to any public university offering that degree program major. (3) It is the legislative intent that community college students who wish to earn baccalaureate degrees in the state's public higher education system be provided with clear and effective information and directions that specify curricular paths to a degree. To meet the intent of this section, the commission, in consultation with the governing boards of all state institutions of higher education, shall develop, and the governing boards of all state institutions of higher education shall implement, the following: (A) A common course numbering system, taking into consideration efforts already undertaken, within the community colleges to address the requirements of subdivision (r)(1); (B) Listings of course offerings that clearly identify courses that are not university parallel courses and therefore not designed to be transferable under subdivision (r)(1); and (C) A dual admissions policy in which a person who satisfies the admissions requirements of a two-year institution governed by the board of regents and a public university while pursuing a degree program within a transfer pathway program of study is authorized to be admitted to both such institutions. (4) This subsection (r) shall be fully implemented no later than the fall 2024 semester. Until this subsection (r) is fully implemented, prior to the beginning of each semester, the commission shall report to the chairs of the education and finance, ways and means committees of the senate and the chairs of the education administration and planning and finance, ways and means committees of the house of representatives on the progress made toward completion of the nineteen (19) pre-major course blocks provided in subdivision (r)(2)(D). (5) The commission shall have ongoing responsibility to update and revise the plans implemented pursuant to this subsection (r) and report to the chairs of the education and finance, ways and means committees of the senate and the chairs of the education administration and finance, ways and means committees of the house of representatives no later than October 1 of each year on the progress made toward full articulation between all public institutions. (s) [Deleted by 2022 amendment.] (t) (1) The commission, with the assistance of the University of Tennessee system, state universities, and the community college system, shall develop information concerning the potential career opportunities in each curriculum or major field of study leading to a baccalaureate degree that is offered at a state institution of higher education. The information shall include, but not be limited to, the potential job market in this state in the major field or curriculum after graduation, the median income or an income range for jobs in the major field or curriculum in this state, and whether an advanced degree in the major field or curriculum is required to obtain employment in that field. (2) The information developed concerning career opportunities for curricula and major fields of study under subdivision (t)(1) shall be posted on the commission's website. A link to the information developed by the commission, together with a brief description of the type of information available, shall be posted on the website of each state institution of higher education offering baccalaureate degrees. The institutions shall not be required to publish the information developed by the commission in school catalogs, but school catalogs shall include, in a prominent location, the website address for the information and a brief description of the type of information that is available. (3) The information required by this subsection (t) shall be updated at least annually. (u) The commission shall undertake specific duties that are directed by resolution of the general assembly or requested by the governor. (v) The commission shall comply with the policies of the state building commission concerning capital projects affecting public institutions of higher education in this state. Amended by 2022 Tenn. Acts, ch. 967, s 1, eff. 5/3/2022. Amended by 2022 Tenn. Acts, ch. 794, Secs.s1, s2, s3 eff. 4/8/2022. Amended by 2021 Tenn. Acts, ch. 64, s 98, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 345, s 112, eff. 5/10/2019. Amended by 2019 Tenn. Acts, ch. 238, s 2, eff. 4/30/2019. Amended by 2016 Tenn. Acts, ch. 869, s 29, eff. 7/1/2016. Amended by 2015 Tenn. Acts, ch. 182, Secs.s 59, s 60, s 61, s 62, s 63, s 64, s 65, s 66 eff. 4/17/2015. Amended by 2014 Tenn. Acts, ch. 794, Secs.s 1, s 2 eff. 4/25/2014. Amended by 2013 Tenn. Acts, ch. 473, s 17, eff. 7/1/2013. Acts 1967, ch. 179, §§ 2, 3; 1980, ch. 901, § 1; 1983, ch. 427, §§ 1-4; T.C.A., §§ 49-4202, 49-4203; Acts 1990, ch. 1024, § 27; 1991, ch. 451, § 44; 1994, ch. 685, § 3; 2000, ch. 795, § 1; 2000, ch. 836, § 1; 2001, ch. 433, § 3; 2004, ch. 882, §§ 1, 2, 3, 4; 2005, ch. 328, § 1; 2005, ch. 419, § 1; 2008 , ch. 863, § 1; 2010 (1st Ex. Sess.), ch. 3, §§ 2-6; 2011 , ch. 297, § 7; 2011 , ch. 410, § 4 (aa); 2012 , ch. 1009, §§ 2, 4, 5.
(a) It is the duty of the commission on a continuing basis to study the use of public funds for higher education in this state and to analyze programs and needs in the field of higher education.
(b) The commission shall establish and ensure that all postsecondary institutions in this state cooperatively provide for an integrated system of postsecondary education. The commission shall guard against inappropriate and unnecessary conflict and duplication by promoting transferability of credits and easy access of information among institutions.
(c) The commission shall: (1) Provide planning and policy leadership, including a distinct and visible role in setting the state's higher education policy agenda and serving as an agent of education transformation; (2) Develop and advance the education public policy agenda of the state to address the challenges facing higher education in Tennessee; and (3) Develop public consensus and awareness for the Tennessee higher education public policy agenda.
(1) Provide planning and policy leadership, including a distinct and visible role in setting the state's higher education policy agenda and serving as an agent of education transformation;
(2) Develop and advance the education public policy agenda of the state to address the challenges facing higher education in Tennessee; and
(3) Develop public consensus and awareness for the Tennessee higher education public policy agenda.
(d) (1) The commission shall develop a statewide master plan to increase the educational attainment levels of Tennesseans through strategic future development of public universities, community colleges, and colleges of applied technology. (2) In the development of this master plan, the commission shall actively engage with state institutions of higher education and their respective governing boards, as well as key stakeholders, and the appropriate state agencies. (3) The commission shall engage regional and statewide constituencies for input and information to ensure the master plan supports the development of higher education opportunities for Tennesseans. Additionally, provisions of the master plan shall facilitate regional cooperation and alignment among postsecondary institutions, secondary educational institutions, business, and industry, as well as civic and community leaders. (4) This master plan shall be reviewed and revised as deemed appropriate by the commission, and shall include, but not be limited to, consideration of the following provisions: (A) Addressing the state's economic development, workforce development, and research needs; (B) Ensuring increased degree production within the state's capacity to support higher education; (C) Using institutional mission differentiation to minimize redundancy in degree offerings, instructional locations, and competitive research, and to realize statewide efficiencies through institutional collaboration; and (D) Establishing eligible incarcerated individuals housed in correctional facilities in this state as a focus population in order to increase the degree attainment of such individuals. (5) Following completion of the master plan and to expedite implementation, the commission shall submit any necessary higher education policy recommendations to the governing boards of the various institutions, the governor, and the general assembly through the education committee of the senate and the education administration committee of the house of representatives.
(1) The commission shall develop a statewide master plan to increase the educational attainment levels of Tennesseans through strategic future development of public universities, community colleges, and colleges of applied technology.
(2) In the development of this master plan, the commission shall actively engage with state institutions of higher education and their respective governing boards, as well as key stakeholders, and the appropriate state agencies.
(3) The commission shall engage regional and statewide constituencies for input and information to ensure the master plan supports the development of higher education opportunities for Tennesseans. Additionally, provisions of the master plan shall facilitate regional cooperation and alignment among postsecondary institutions, secondary educational institutions, business, and industry, as well as civic and community leaders.
(4) This master plan shall be reviewed and revised as deemed appropriate by the commission, and shall include, but not be limited to, consideration of the following provisions: (A) Addressing the state's economic development, workforce development, and research needs; (B) Ensuring increased degree production within the state's capacity to support higher education; (C) Using institutional mission differentiation to minimize redundancy in degree offerings, instructional locations, and competitive research, and to realize statewide efficiencies through institutional collaboration; and (D) Establishing eligible incarcerated individuals housed in correctional facilities in this state as a focus population in order to increase the degree attainment of such individuals.
(A) Addressing the state's economic development, workforce development, and research needs;
(B) Ensuring increased degree production within the state's capacity to support higher education;
(C) Using institutional mission differentiation to minimize redundancy in degree offerings, instructional locations, and competitive research, and to realize statewide efficiencies through institutional collaboration; and
(D) Establishing eligible incarcerated individuals housed in correctional facilities in this state as a focus population in order to increase the degree attainment of such individuals.
(5) Following completion of the master plan and to expedite implementation, the commission shall submit any necessary higher education policy recommendations to the governing boards of the various institutions, the governor, and the general assembly through the education committee of the senate and the education administration committee of the house of representatives.
(e) Concurrent with the adoption of each revised master plan and in consultation with the respective governing boards, the commission shall approve institutional mission statements. Submitted by state institutions, an institutional mission statement shall characterize distinctiveness in degree offerings and shall address institutional accountability for the quality of instruction, student learning, and, where applicable, research and public service to benefit Tennessee citizens. Nothing contained in this section shall prohibit any institution from pursuing research and related activities that are consistent with the institution's mission.
(f) (1) The commission shall develop and utilize an outcomes-based funding formula model to ensure the fair and equitable distribution and use of public funds among state institutions of higher education. (2) This funding formula model shall further the goals of the statewide master plan by emphasizing outcomes across a range of variables that shall be weighted to reinforce each institution's mission and provide incentives for productivity improvements consistent with the state's higher education master plan, including: (A) End-of-term enrollment for each term, student retention, and timely progress toward degree completion and degree production; and (B) Student transfer activity, research, and student success, as well as compliance with the transfer and articulation policies required in this section. (3) The funding formula model shall consider the impact of tuition, maintenance fees, and other charges assessed by each institution in determining the fair and equitable distribution of public funds. The commission shall also consider capital outlay programs and operating expenses, which shall be utilized to determine the higher education appropriations recommendation.
(1) The commission shall develop and utilize an outcomes-based funding formula model to ensure the fair and equitable distribution and use of public funds among state institutions of higher education.
(2) This funding formula model shall further the goals of the statewide master plan by emphasizing outcomes across a range of variables that shall be weighted to reinforce each institution's mission and provide incentives for productivity improvements consistent with the state's higher education master plan, including: (A) End-of-term enrollment for each term, student retention, and timely progress toward degree completion and degree production; and (B) Student transfer activity, research, and student success, as well as compliance with the transfer and articulation policies required in this section.
(A) End-of-term enrollment for each term, student retention, and timely progress toward degree completion and degree production; and
(B) Student transfer activity, research, and student success, as well as compliance with the transfer and articulation policies required in this section.
(3) The funding formula model shall consider the impact of tuition, maintenance fees, and other charges assessed by each institution in determining the fair and equitable distribution of public funds. The commission shall also consider capital outlay programs and operating expenses, which shall be utilized to determine the higher education appropriations recommendation.
(g) (1) The commission shall establish a review committee to aid in development or revision of the higher education master plan and funding formula. The committee shall include the executive director of the Tennessee higher education commission, the chancellor of the board of regents, the president of the University of Tennessee system, each president of a board of regents state university, the commissioner of finance and administration, the comptroller of the treasury, the chairs of the standing committees on education and finance, ways and means of the senate, the chairs of the standing committees on education administration and finance, ways and means of the house of representatives, and the directors of the office of legislative budget analysis, or their designees. (2) The committee shall review the funding formula components, as well as identify needed revisions, additions, or deletions to the formula. The committee shall also ensure that the funding formula is linked to the goals and objectives of the master plan. (3) The review committee shall meet at least annually.
(1) The commission shall establish a review committee to aid in development or revision of the higher education master plan and funding formula. The committee shall include the executive director of the Tennessee higher education commission, the chancellor of the board of regents, the president of the University of Tennessee system, each president of a board of regents state university, the commissioner of finance and administration, the comptroller of the treasury, the chairs of the standing committees on education and finance, ways and means of the senate, the chairs of the standing committees on education administration and finance, ways and means of the house of representatives, and the directors of the office of legislative budget analysis, or their designees.
(2) The committee shall review the funding formula components, as well as identify needed revisions, additions, or deletions to the formula. The committee shall also ensure that the funding formula is linked to the goals and objectives of the master plan.
(3) The review committee shall meet at least annually.
(h) The commission shall submit the revised higher education funding formula to the office of legislative budget analysis and the comptroller of the treasury no later than December 1 of each year. The commission shall also report any projected tuition increases for the next academic year to the office of legislative budget analysis and the comptroller of the treasury no later than December 1 of each year. The office of legislative budget analysis and the comptroller of the treasury shall each provide comments on the higher education funding formula to the chairs of the education and finance, ways and means committees of the senate and the chairs of the education administration and finance, ways and means committees of the house of representatives.
(i) Before any amendment or revision to the outcomes-based funding formula model shall become effective, the amendment or revision shall be presented to the education and finance, ways and means committees of the senate and the education administration and finance, ways and means committees of the house of representatives for review and recommendation.
(j) In the implementation of its duties, the commission, in cooperation with the commissioner of finance and administration and the comptroller of the treasury, shall establish uniform standards of accounting, records, and statistical reporting systems in accordance with accepted national standards, which standards shall be adhered to by the various institutions in preparing for submission to the commission statistical data and requests for appropriations.
(k) The commission shall develop funding recommendations that reflect the outcomes-based funding formula model as well as the priorities of the approved master plan.
(l) The commission shall have no authority for recommending individual colleges of applied technology's operating budgets nor in approving or disapproving the transfer of any funds between colleges of applied technology deemed necessary by the board of regents to carry out the provisions of chapter 181 of the Public Acts of 1983. For fiscal years ending on and after June 30, 2013, the commission shall have no authority for recommending individual community colleges' operating budgets or in approving or disapproving the transfer of any funds between community colleges as may be determined necessary by the board of regents.
(m) The commission shall develop a comprehensive strategic financial plan for higher education focusing on state appropriations, student tuition and other charges, financial aid, and capital and infrastructure issues, as well as other factors, as appropriate. The plan shall also address higher education efficiency, affordability, performance, return on investment, and other relevant factors.
(n) (1) The commission shall review annually tuition and other institutional fees charged to students attending state institutions of higher education. (2) Following this review, the commission shall approve annually a tuition and fee policy binding upon all state institutions of higher education. This tuition policy shall apply only to tuition and fees charged to undergraduate students classified as Tennessee residents, commonly referred to as in-state tuition or maintenance fees. (3) The tuition policy shall include two (2) approved ranges of allowable percentage adjustment: (A) One (1) range for any proposed modification to the current tuition rates; and (B) One (1) range for any proposed modification to the combined total amount of tuition and all mandatory fees assessed. (4) Institutions may adopt tuition and fee adjustments within the commission's approved policy ranges, but no increase shall exceed the maximum percent adjustment approved by the commission. (5) Tuition-setting authority for undergraduate students not classified as Tennessee residents and all graduate-level students shall be the sole responsibility of the institution's respective governing board. (6) Nothing in this subsection (n) shall prohibit institutions from reducing the total tuition and fees charged to students. (7) Notwithstanding this subsection (n), no change in tuition or fee policy shall be made that, in the opinion of the board of regents, might adversely affect compliance with, or future borrowings pursuant to, financing agreements with the Tennessee state school bond authority.
(1) The commission shall review annually tuition and other institutional fees charged to students attending state institutions of higher education.
(2) Following this review, the commission shall approve annually a tuition and fee policy binding upon all state institutions of higher education. This tuition policy shall apply only to tuition and fees charged to undergraduate students classified as Tennessee residents, commonly referred to as in-state tuition or maintenance fees.
(3) The tuition policy shall include two (2) approved ranges of allowable percentage adjustment: (A) One (1) range for any proposed modification to the current tuition rates; and (B) One (1) range for any proposed modification to the combined total amount of tuition and all mandatory fees assessed.
(A) One (1) range for any proposed modification to the current tuition rates; and
(B) One (1) range for any proposed modification to the combined total amount of tuition and all mandatory fees assessed.
(4) Institutions may adopt tuition and fee adjustments within the commission's approved policy ranges, but no increase shall exceed the maximum percent adjustment approved by the commission.
(5) Tuition-setting authority for undergraduate students not classified as Tennessee residents and all graduate-level students shall be the sole responsibility of the institution's respective governing board.
(6) Nothing in this subsection (n) shall prohibit institutions from reducing the total tuition and fees charged to students.
(7) Notwithstanding this subsection (n), no change in tuition or fee policy shall be made that, in the opinion of the board of regents, might adversely affect compliance with, or future borrowings pursuant to, financing agreements with the Tennessee state school bond authority.
(o) The commission shall establish a formal process, consistent with § 49-7-1002 , for identifying capital investment needs and determining priorities for these investments for consideration by the governor and the general assembly as part of the annual appropriations act.
(p) As necessary, the commission may convene the membership, leaders, and personnel of each public institution, governing board, or system to ensure a cohesive and coordinated system of higher education public policy. The commission may also conduct orientation and informational policy seminars for members of governing boards.
(q) (1) (A) The commission shall study the need for particular programs, departments, academic divisions, branch operations, extension services, adult education activities, public service activities, and work programs of the various institutions of higher learning, with a particular view to their cost and relevance and to make recommendations to the respective governing boards for the purpose of minimizing duplication and overlapping of functions and services and to foster cooperative programs among the various institutions. (B) The commission is authorized to make recommendations to the governing boards for the termination of existing on-campus and off-campus programs of those institutions set forth in § 49-7-203 that are determined by the commission to be unnecessarily duplicative. A copy of the recommendations shall be filed with the education committee of the senate and the education administration committee of the house of representatives. (C) The governing boards of the institutions shall make a report annually on any program terminations to the education committee of the senate and the education administration committee of the house of representatives, and a copy of the report shall be filed with the commission. (2) (A) The commission shall review and approve or disapprove all proposals for new degrees or degree programs or for the establishment of new academic departments or divisions within the various institutions of higher learning. (B) Determination of specific courses or course content, however, shall continue to be the exclusive function of the governing boards of the various institutions. (C) This subdivision (q)(2) shall apply to state colleges of applied technology only if the schools grant degrees and shall apply only to those schools granting degrees, unless the system as a whole grants degrees. (3) The commission shall review and approve or disapprove all proposals by any existing higher education institution to establish a physical presence at any location other than its main campus or to extend an existing location that will be utilized for administrative purposes or to offer courses for which academic credit is offered. If the new location will create or expand a physical presence out of state, the higher education institution shall, through its governing board, file with the commission a notice of intent to initiate out-of-state instructional activity prior to the development of the proposal. The commission shall, no later than February 15 of each year, report to the chairs of the fiscal review committee, the education committee of the senate, and the education administration committee of the house of representatives of any such notices filed in the previous year and the status of that application. The commission shall develop policies and procedures governing the process outlined in this subdivision (q)(3). This subdivision (q)(3) shall also apply to state colleges of applied technology.
(1) (A) The commission shall study the need for particular programs, departments, academic divisions, branch operations, extension services, adult education activities, public service activities, and work programs of the various institutions of higher learning, with a particular view to their cost and relevance and to make recommendations to the respective governing boards for the purpose of minimizing duplication and overlapping of functions and services and to foster cooperative programs among the various institutions. (B) The commission is authorized to make recommendations to the governing boards for the termination of existing on-campus and off-campus programs of those institutions set forth in § 49-7-203 that are determined by the commission to be unnecessarily duplicative. A copy of the recommendations shall be filed with the education committee of the senate and the education administration committee of the house of representatives. (C) The governing boards of the institutions shall make a report annually on any program terminations to the education committee of the senate and the education administration committee of the house of representatives, and a copy of the report shall be filed with the commission.
(A) The commission shall study the need for particular programs, departments, academic divisions, branch operations, extension services, adult education activities, public service activities, and work programs of the various institutions of higher learning, with a particular view to their cost and relevance and to make recommendations to the respective governing boards for the purpose of minimizing duplication and overlapping of functions and services and to foster cooperative programs among the various institutions.
(B) The commission is authorized to make recommendations to the governing boards for the termination of existing on-campus and off-campus programs of those institutions set forth in § 49-7-203 that are determined by the commission to be unnecessarily duplicative. A copy of the recommendations shall be filed with the education committee of the senate and the education administration committee of the house of representatives.
(C) The governing boards of the institutions shall make a report annually on any program terminations to the education committee of the senate and the education administration committee of the house of representatives, and a copy of the report shall be filed with the commission.
(2) (A) The commission shall review and approve or disapprove all proposals for new degrees or degree programs or for the establishment of new academic departments or divisions within the various institutions of higher learning. (B) Determination of specific courses or course content, however, shall continue to be the exclusive function of the governing boards of the various institutions. (C) This subdivision (q)(2) shall apply to state colleges of applied technology only if the schools grant degrees and shall apply only to those schools granting degrees, unless the system as a whole grants degrees.
(A) The commission shall review and approve or disapprove all proposals for new degrees or degree programs or for the establishment of new academic departments or divisions within the various institutions of higher learning.
(B) Determination of specific courses or course content, however, shall continue to be the exclusive function of the governing boards of the various institutions.
(C) This subdivision (q)(2) shall apply to state colleges of applied technology only if the schools grant degrees and shall apply only to those schools granting degrees, unless the system as a whole grants degrees.
(3) The commission shall review and approve or disapprove all proposals by any existing higher education institution to establish a physical presence at any location other than its main campus or to extend an existing location that will be utilized for administrative purposes or to offer courses for which academic credit is offered. If the new location will create or expand a physical presence out of state, the higher education institution shall, through its governing board, file with the commission a notice of intent to initiate out-of-state instructional activity prior to the development of the proposal. The commission shall, no later than February 15 of each year, report to the chairs of the fiscal review committee, the education committee of the senate, and the education administration committee of the house of representatives of any such notices filed in the previous year and the status of that application. The commission shall develop policies and procedures governing the process outlined in this subdivision (q)(3). This subdivision (q)(3) shall also apply to state colleges of applied technology.
(r) (1) The commission shall require all state institutions of higher education to collaborate and develop a transfer pathway for at least the fifty (50) undergraduate majors for which the demand from students is the highest and in those fields of study for which the development of a transfer pathway is feasible based on the nature of the field of study. (2) (A) A transfer pathway shall consist of sixty (60) hours of instruction that a student can transfer and apply toward the requirements for a bachelor's degree at a public institution that offers the transfer pathway. The sixty (60) hours of instruction in a transfer pathway shall consist of forty-one (41) hours of general education courses instruction and nineteen (19) hours of pre-major courses instruction, or elective courses instruction that count toward a major, as prescribed by the commission, which shall consider the views of chief academic officers and faculty senates of the respective campuses. Courses in a transfer pathway shall transfer and apply toward the requirements for graduation with a bachelor's degree at all public universities. (B) An associate of science or associate of arts degree graduate from a Tennessee community college shall be deemed to have met all general education and university parallel core requirements for transfer to a Tennessee public university as a junior. Notwithstanding this subdivision (r)(2)(B), admission into a particular program, school, or college within a university, or into the University of Tennessee, Knoxville, shall remain competitive in accordance with generally applicable policies. (C) The forty-one-hour lower division general education core common to all state colleges and universities shall be fully transferable as a block to, and satisfy the general education core of, any public community college or university. A completed subject category, for example, natural sciences or mathematics, within the forty-one-hour general education core shall also be fully transferable and satisfy that subject category of the general education core at any public community college or university. (D) The nineteen-hour lower division AA/AS area of emphasis articulated to a baccalaureate major shall be universally transferable as a block satisfying lower division major requirements to any public university offering that degree program major. (3) It is the legislative intent that community college students who wish to earn baccalaureate degrees in the state's public higher education system be provided with clear and effective information and directions that specify curricular paths to a degree. To meet the intent of this section, the commission, in consultation with the governing boards of all state institutions of higher education, shall develop, and the governing boards of all state institutions of higher education shall implement, the following: (A) A common course numbering system, taking into consideration efforts already undertaken, within the community colleges to address the requirements of subdivision (r)(1); (B) Listings of course offerings that clearly identify courses that are not university parallel courses and therefore not designed to be transferable under subdivision (r)(1); and (C) A dual admissions policy in which a person who satisfies the admissions requirements of a two-year institution governed by the board of regents and a public university while pursuing a degree program within a transfer pathway program of study is authorized to be admitted to both such institutions. (4) This subsection (r) shall be fully implemented no later than the fall 2024 semester. Until this subsection (r) is fully implemented, prior to the beginning of each semester, the commission shall report to the chairs of the education and finance, ways and means committees of the senate and the chairs of the education administration and planning and finance, ways and means committees of the house of representatives on the progress made toward completion of the nineteen (19) pre-major course blocks provided in subdivision (r)(2)(D). (5) The commission shall have ongoing responsibility to update and revise the plans implemented pursuant to this subsection (r) and report to the chairs of the education and finance, ways and means committees of the senate and the chairs of the education administration and finance, ways and means committees of the house of representatives no later than October 1 of each year on the progress made toward full articulation between all public institutions.
(1) The commission shall require all state institutions of higher education to collaborate and develop a transfer pathway for at least the fifty (50) undergraduate majors for which the demand from students is the highest and in those fields of study for which the development of a transfer pathway is feasible based on the nature of the field of study.
(2) (A) A transfer pathway shall consist of sixty (60) hours of instruction that a student can transfer and apply toward the requirements for a bachelor's degree at a public institution that offers the transfer pathway. The sixty (60) hours of instruction in a transfer pathway shall consist of forty-one (41) hours of general education courses instruction and nineteen (19) hours of pre-major courses instruction, or elective courses instruction that count toward a major, as prescribed by the commission, which shall consider the views of chief academic officers and faculty senates of the respective campuses. Courses in a transfer pathway shall transfer and apply toward the requirements for graduation with a bachelor's degree at all public universities. (B) An associate of science or associate of arts degree graduate from a Tennessee community college shall be deemed to have met all general education and university parallel core requirements for transfer to a Tennessee public university as a junior. Notwithstanding this subdivision (r)(2)(B), admission into a particular program, school, or college within a university, or into the University of Tennessee, Knoxville, shall remain competitive in accordance with generally applicable policies. (C) The forty-one-hour lower division general education core common to all state colleges and universities shall be fully transferable as a block to, and satisfy the general education core of, any public community college or university. A completed subject category, for example, natural sciences or mathematics, within the forty-one-hour general education core shall also be fully transferable and satisfy that subject category of the general education core at any public community college or university. (D) The nineteen-hour lower division AA/AS area of emphasis articulated to a baccalaureate major shall be universally transferable as a block satisfying lower division major requirements to any public university offering that degree program major.
(A) A transfer pathway shall consist of sixty (60) hours of instruction that a student can transfer and apply toward the requirements for a bachelor's degree at a public institution that offers the transfer pathway. The sixty (60) hours of instruction in a transfer pathway shall consist of forty-one (41) hours of general education courses instruction and nineteen (19) hours of pre-major courses instruction, or elective courses instruction that count toward a major, as prescribed by the commission, which shall consider the views of chief academic officers and faculty senates of the respective campuses. Courses in a transfer pathway shall transfer and apply toward the requirements for graduation with a bachelor's degree at all public universities.
(B) An associate of science or associate of arts degree graduate from a Tennessee community college shall be deemed to have met all general education and university parallel core requirements for transfer to a Tennessee public university as a junior. Notwithstanding this subdivision (r)(2)(B), admission into a particular program, school, or college within a university, or into the University of Tennessee, Knoxville, shall remain competitive in accordance with generally applicable policies.
(C) The forty-one-hour lower division general education core common to all state colleges and universities shall be fully transferable as a block to, and satisfy the general education core of, any public community college or university. A completed subject category, for example, natural sciences or mathematics, within the forty-one-hour general education core shall also be fully transferable and satisfy that subject category of the general education core at any public community college or university.
(D) The nineteen-hour lower division AA/AS area of emphasis articulated to a baccalaureate major shall be universally transferable as a block satisfying lower division major requirements to any public university offering that degree program major.
(3) It is the legislative intent that community college students who wish to earn baccalaureate degrees in the state's public higher education system be provided with clear and effective information and directions that specify curricular paths to a degree. To meet the intent of this section, the commission, in consultation with the governing boards of all state institutions of higher education, shall develop, and the governing boards of all state institutions of higher education shall implement, the following: (A) A common course numbering system, taking into consideration efforts already undertaken, within the community colleges to address the requirements of subdivision (r)(1); (B) Listings of course offerings that clearly identify courses that are not university parallel courses and therefore not designed to be transferable under subdivision (r)(1); and (C) A dual admissions policy in which a person who satisfies the admissions requirements of a two-year institution governed by the board of regents and a public university while pursuing a degree program within a transfer pathway program of study is authorized to be admitted to both such institutions.
(A) A common course numbering system, taking into consideration efforts already undertaken, within the community colleges to address the requirements of subdivision (r)(1);
(B) Listings of course offerings that clearly identify courses that are not university parallel courses and therefore not designed to be transferable under subdivision (r)(1); and
(C) A dual admissions policy in which a person who satisfies the admissions requirements of a two-year institution governed by the board of regents and a public university while pursuing a degree program within a transfer pathway program of study is authorized to be admitted to both such institutions.
(4) This subsection (r) shall be fully implemented no later than the fall 2024 semester. Until this subsection (r) is fully implemented, prior to the beginning of each semester, the commission shall report to the chairs of the education and finance, ways and means committees of the senate and the chairs of the education administration and planning and finance, ways and means committees of the house of representatives on the progress made toward completion of the nineteen (19) pre-major course blocks provided in subdivision (r)(2)(D).
(5) The commission shall have ongoing responsibility to update and revise the plans implemented pursuant to this subsection (r) and report to the chairs of the education and finance, ways and means committees of the senate and the chairs of the education administration and finance, ways and means committees of the house of representatives no later than October 1 of each year on the progress made toward full articulation between all public institutions.
(s) [Deleted by 2022 amendment.]
(t) (1) The commission, with the assistance of the University of Tennessee system, state universities, and the community college system, shall develop information concerning the potential career opportunities in each curriculum or major field of study leading to a baccalaureate degree that is offered at a state institution of higher education. The information shall include, but not be limited to, the potential job market in this state in the major field or curriculum after graduation, the median income or an income range for jobs in the major field or curriculum in this state, and whether an advanced degree in the major field or curriculum is required to obtain employment in that field. (2) The information developed concerning career opportunities for curricula and major fields of study under subdivision (t)(1) shall be posted on the commission's website. A link to the information developed by the commission, together with a brief description of the type of information available, shall be posted on the website of each state institution of higher education offering baccalaureate degrees. The institutions shall not be required to publish the information developed by the commission in school catalogs, but school catalogs shall include, in a prominent location, the website address for the information and a brief description of the type of information that is available. (3) The information required by this subsection (t) shall be updated at least annually.
(1) The commission, with the assistance of the University of Tennessee system, state universities, and the community college system, shall develop information concerning the potential career opportunities in each curriculum or major field of study leading to a baccalaureate degree that is offered at a state institution of higher education. The information shall include, but not be limited to, the potential job market in this state in the major field or curriculum after graduation, the median income or an income range for jobs in the major field or curriculum in this state, and whether an advanced degree in the major field or curriculum is required to obtain employment in that field.
(2) The information developed concerning career opportunities for curricula and major fields of study under subdivision (t)(1) shall be posted on the commission's website. A link to the information developed by the commission, together with a brief description of the type of information available, shall be posted on the website of each state institution of higher education offering baccalaureate degrees. The institutions shall not be required to publish the information developed by the commission in school catalogs, but school catalogs shall include, in a prominent location, the website address for the information and a brief description of the type of information that is available.
(3) The information required by this subsection (t) shall be updated at least annually.
(u) The commission shall undertake specific duties that are directed by resolution of the general assembly or requested by the governor.
(v) The commission shall comply with the policies of the state building commission concerning capital projects affecting public institutions of higher education in this state.
Amended by 2022 Tenn. Acts, ch. 967, s 1, eff. 5/3/2022.
Amended by 2022 Tenn. Acts, ch. 794, Secs.s1, s2, s3 eff. 4/8/2022.
Amended by 2021 Tenn. Acts, ch. 64, s 98, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 112, eff. 5/10/2019.
Amended by 2019 Tenn. Acts, ch. 238, s 2, eff. 4/30/2019.
Amended by 2016 Tenn. Acts, ch. 869, s 29, eff. 7/1/2016.
Amended by 2015 Tenn. Acts, ch. 182, Secs.s 59, s 60, s 61, s 62, s 63, s 64, s 65, s 66 eff. 4/17/2015.
Amended by 2014 Tenn. Acts, ch. 794, Secs.s 1, s 2 eff. 4/25/2014.
Amended by 2013 Tenn. Acts, ch. 473, s 17, eff. 7/1/2013.
Acts 1967, ch. 179, §§ 2, 3; 1980, ch. 901, § 1; 1983, ch. 427, §§ 1-4; T.C.A., §§ 49-4202, 49-4203; Acts 1990, ch. 1024, § 27; 1991, ch. 451, § 44; 1994, ch. 685, § 3; 2000, ch. 795, § 1; 2000, ch. 836, § 1; 2001, ch. 433, § 3; 2004, ch. 882, §§ 1, 2, 3, 4; 2005, ch. 328, § 1; 2005, ch. 419, § 1; 2008 , ch. 863, § 1; 2010 (1st Ex. Sess.), ch. 3, §§ 2-6; 2011 , ch. 297, § 7; 2011 , ch. 410, § 4 (aa); 2012 , ch. 1009, §§ 2, 4, 5.
Tenn. Code Ann. § 49-6-2303 — TN Code / Title 49 / Chapter 6 / Section 49-6-2303
Rules
Status: in_force

The commissioner of education shall recommend and the state board of education shall adopt rules that: (1) Establish minimum nutrition requirements for school breakfast and school lunch programs; (2) Establish standards of income eligibility for free or reduced price meals for disadvantaged children; (3) Prescribe uniform methods for determining eligibility for free or reduced price meals; (4) Require that each school board establish a method to regularly notify students and parents of the availability of free or reduced price meals and to encourage participation in the breakfast program; (5) Establish a uniform reporting system for the collection and compilation of data on the administration of this part, including a report on each individual school, regardless of its participation; (6) Require each local school board to submit to the commissioner a plan for compliance with this part sixty (60) days prior to the beginning of the school year. For each subsequent school year, require each local school board to submit modifications to the plan sixty (60) days prior to the beginning of the school year. The plan for compliance shall: (A) Require that availability of local agriculture products, freshness and transportation cost be considered; (B) Allow flexible bidding processes to assist farmers to bid competitively on portions of a given nutrition plan, rather than an entire nutrition plan; and (C) Require that all food provided for public school use meet or exceed food safety standards for commercial food operations; (7) Require each local school board to certify to the commissioner compliance with the plan as submitted or modified within thirty (30) days after the beginning of the school year; (8) Provide that compliance with the standards and requirements of the federal National School Lunch Act ( 42 U.S.C. §§ 1751 - 1769 ), and the federal Child Nutrition Act of 1966 ( 42 U.S.C. §§ 1771 - 1789 ), shall be deemed compliance with these requirements; (9) Permit, in accordance with federal requirements, reimbursement for supervision of students participating in a meals program required by this part; (10) Allow the local school board to waive the requirements of § 49-6-2302(a)(2) , for any individual school for each year that the board determines at a public meeting of the board, with notice and right to be heard, to any person who has, in writing, requested to be notified of the consideration of such waivers: (A) That the implementation of a school breakfast program would cause an unavoidable and unreasonable disruption of schedule that would substantially impair the ability of the school to maintain a proper educational program; (B) The cumulative annualized participation in the school breakfast program is less than fifty (50) students and the school has complied with § 49-6-2302(a)(2) ; or (C) That the implementation of the program would cause the expenditure of state or local education funds for which reimbursement under the federal Child Nutrition Act of 1966 is unavailable or inadequate; (11) Not permit the limitation of the full six and one-half (61/2) hours instructional school time required by statute; and (12) Provide that the established work day of licensed personnel shall not, without compensation, be lengthened as a result of this part and that the principal not be in charge of the lunch program in any county where a system-wide school food service manager is available, unless the local board of education specifically provides for a principal to be in charge of the lunch program. Acts 1986, ch. 904, § 3; 1987, ch. 157, § 1; 1987, ch. 308, § 32; 1990, ch. 948, § 21; 2008 , ch. 963, § 1.
The commissioner of education shall recommend and the state board of education shall adopt rules that:
(1) Establish minimum nutrition requirements for school breakfast and school lunch programs;
(2) Establish standards of income eligibility for free or reduced price meals for disadvantaged children;
(3) Prescribe uniform methods for determining eligibility for free or reduced price meals;
(4) Require that each school board establish a method to regularly notify students and parents of the availability of free or reduced price meals and to encourage participation in the breakfast program;
(5) Establish a uniform reporting system for the collection and compilation of data on the administration of this part, including a report on each individual school, regardless of its participation;
(6) Require each local school board to submit to the commissioner a plan for compliance with this part sixty (60) days prior to the beginning of the school year. For each subsequent school year, require each local school board to submit modifications to the plan sixty (60) days prior to the beginning of the school year. The plan for compliance shall: (A) Require that availability of local agriculture products, freshness and transportation cost be considered; (B) Allow flexible bidding processes to assist farmers to bid competitively on portions of a given nutrition plan, rather than an entire nutrition plan; and (C) Require that all food provided for public school use meet or exceed food safety standards for commercial food operations;
(A) Require that availability of local agriculture products, freshness and transportation cost be considered;
(B) Allow flexible bidding processes to assist farmers to bid competitively on portions of a given nutrition plan, rather than an entire nutrition plan; and
(C) Require that all food provided for public school use meet or exceed food safety standards for commercial food operations;
(7) Require each local school board to certify to the commissioner compliance with the plan as submitted or modified within thirty (30) days after the beginning of the school year;
(8) Provide that compliance with the standards and requirements of the federal National School Lunch Act ( 42 U.S.C. §§ 1751 - 1769 ), and the federal Child Nutrition Act of 1966 ( 42 U.S.C. §§ 1771 - 1789 ), shall be deemed compliance with these requirements;
(9) Permit, in accordance with federal requirements, reimbursement for supervision of students participating in a meals program required by this part;
(10) Allow the local school board to waive the requirements of § 49-6-2302(a)(2) , for any individual school for each year that the board determines at a public meeting of the board, with notice and right to be heard, to any person who has, in writing, requested to be notified of the consideration of such waivers: (A) That the implementation of a school breakfast program would cause an unavoidable and unreasonable disruption of schedule that would substantially impair the ability of the school to maintain a proper educational program; (B) The cumulative annualized participation in the school breakfast program is less than fifty (50) students and the school has complied with § 49-6-2302(a)(2) ; or (C) That the implementation of the program would cause the expenditure of state or local education funds for which reimbursement under the federal Child Nutrition Act of 1966 is unavailable or inadequate;
(A) That the implementation of a school breakfast program would cause an unavoidable and unreasonable disruption of schedule that would substantially impair the ability of the school to maintain a proper educational program;
(B) The cumulative annualized participation in the school breakfast program is less than fifty (50) students and the school has complied with § 49-6-2302(a)(2) ; or
(C) That the implementation of the program would cause the expenditure of state or local education funds for which reimbursement under the federal Child Nutrition Act of 1966 is unavailable or inadequate;
(11) Not permit the limitation of the full six and one-half (61/2) hours instructional school time required by statute; and
(12) Provide that the established work day of licensed personnel shall not, without compensation, be lengthened as a result of this part and that the principal not be in charge of the lunch program in any county where a system-wide school food service manager is available, unless the local board of education specifically provides for a principal to be in charge of the lunch program.
Acts 1986, ch. 904, § 3; 1987, ch. 157, § 1; 1987, ch. 308, § 32; 1990, ch. 948, § 21; 2008 , ch. 963, § 1.
Tenn. Code Ann. § 49-8-1503 — TN Code / Title 49 / Chapter 8 / Section 49-8-1503
Innovative school districts - Qualifications - Operation as local board of education - Authority and Autonomy
Status: in_force

(a) (1) A public university in this state that is a comprehensive doctoral-extensive institution of higher learning and the home to a public training school compendium that includes pre-kindergarten (pre-K) through any of the grades nine through twelve (9-12), and that provides transfer student enrollment opportunities pursuant to § 49-2-128 , may operate an innovative school district in a county in which the public university maintains a campus. (2) The University of Memphis is authorized to operate the initial innovative school district. The department may approve additional public universities that meet the qualifications described in subdivision (a)(1) to operate an innovative school district based upon future state educational needs. (b) (1) Notwithstanding § 49-2-203 , the governing body for a public university that is approved by the department of education to operate an innovative school district shall serve as the local board of education for such innovative school district. The governing body may appoint from its membership a committee to perform the functions of a local board of education for the innovative school district. If the governing body appoints a committee to perform the functions of a local board of education for the innovative school district, then the committee is authorized to take any action that the governing body is authorized or required to take concerning the operation of the innovative school district. (2) Notwithstanding a law to the contrary, the governing body for a public university that is approved by the department of education to operate an innovative school district has, at a minimum, the same authority and autonomy afforded to LEAs under state law regarding the procurement of goods and services, including, but not limited to, personal, professional, consulting, and social services. The governing body shall develop written procedures for the procurement of all goods and services in compliance with the expenditure thresholds for competitive bidding outlined or permitted in § 49-2-203 . (3) The governing body for a public university that is approved by the department of education to operate an innovative school district is authorized to exercise the authority with regard to schools in such innovative school district as a state college or university is authorized to exercise pursuant to § 49-8-105 . A governing body for a public university that is approved by the department of education to operate an innovative school district is not required to contract with an LEA for the operation of a training school in order to exercise the authority authorized by this subdivision (b)(3). (4) The governing body for a public university that is approved by the department of education to operate an innovative school district may, in the operation of such innovative school district, exercise the powers and duties authorized by § 49-8-203 . (5) The governing body for a public university that is approved by the department of education to operate an innovative school district may delegate to the chief executive officer of the public university authorization to designate a university employee to serve as the director of schools for the innovative school district. Notwithstanding this chapter or another law to the contrary, and except as otherwise provided in this part, the governing body for a public university that is approved to operate an innovative school district shall employ the university employee to serve as the director of schools for the innovative school district. Except as otherwise provided in this part, the university employee selected to serve as the director of schools for an innovative school district is authorized and required to perform the functions of a director of schools for the innovative school district, including, but not limited to, performing the duties outlined in § 49-2-301 . If the governing body for a public university that is approved by the department of education to operate an innovative school district appoints a committee to perform the functions of a local board of education for the innovative school district pursuant to subdivision (b)(1), then the university employee selected to serve as the director of schools for the innovative school district shall serve as an ex officio, nonvoting member of the established committee and liaison between the board and the schools. Added by 2024 Tenn. Acts, ch. 1053,s 1, eff. 5/28/2024, app. to the 2024-2025 school year and each school year thereafter.
(a) (1) A public university in this state that is a comprehensive doctoral-extensive institution of higher learning and the home to a public training school compendium that includes pre-kindergarten (pre-K) through any of the grades nine through twelve (9-12), and that provides transfer student enrollment opportunities pursuant to § 49-2-128 , may operate an innovative school district in a county in which the public university maintains a campus. (2) The University of Memphis is authorized to operate the initial innovative school district. The department may approve additional public universities that meet the qualifications described in subdivision (a)(1) to operate an innovative school district based upon future state educational needs.
(1) A public university in this state that is a comprehensive doctoral-extensive institution of higher learning and the home to a public training school compendium that includes pre-kindergarten (pre-K) through any of the grades nine through twelve (9-12), and that provides transfer student enrollment opportunities pursuant to § 49-2-128 , may operate an innovative school district in a county in which the public university maintains a campus.
(2) The University of Memphis is authorized to operate the initial innovative school district. The department may approve additional public universities that meet the qualifications described in subdivision (a)(1) to operate an innovative school district based upon future state educational needs.
(b) (1) Notwithstanding § 49-2-203 , the governing body for a public university that is approved by the department of education to operate an innovative school district shall serve as the local board of education for such innovative school district. The governing body may appoint from its membership a committee to perform the functions of a local board of education for the innovative school district. If the governing body appoints a committee to perform the functions of a local board of education for the innovative school district, then the committee is authorized to take any action that the governing body is authorized or required to take concerning the operation of the innovative school district. (2) Notwithstanding a law to the contrary, the governing body for a public university that is approved by the department of education to operate an innovative school district has, at a minimum, the same authority and autonomy afforded to LEAs under state law regarding the procurement of goods and services, including, but not limited to, personal, professional, consulting, and social services. The governing body shall develop written procedures for the procurement of all goods and services in compliance with the expenditure thresholds for competitive bidding outlined or permitted in § 49-2-203 . (3) The governing body for a public university that is approved by the department of education to operate an innovative school district is authorized to exercise the authority with regard to schools in such innovative school district as a state college or university is authorized to exercise pursuant to § 49-8-105 . A governing body for a public university that is approved by the department of education to operate an innovative school district is not required to contract with an LEA for the operation of a training school in order to exercise the authority authorized by this subdivision (b)(3). (4) The governing body for a public university that is approved by the department of education to operate an innovative school district may, in the operation of such innovative school district, exercise the powers and duties authorized by § 49-8-203 . (5) The governing body for a public university that is approved by the department of education to operate an innovative school district may delegate to the chief executive officer of the public university authorization to designate a university employee to serve as the director of schools for the innovative school district. Notwithstanding this chapter or another law to the contrary, and except as otherwise provided in this part, the governing body for a public university that is approved to operate an innovative school district shall employ the university employee to serve as the director of schools for the innovative school district. Except as otherwise provided in this part, the university employee selected to serve as the director of schools for an innovative school district is authorized and required to perform the functions of a director of schools for the innovative school district, including, but not limited to, performing the duties outlined in § 49-2-301 . If the governing body for a public university that is approved by the department of education to operate an innovative school district appoints a committee to perform the functions of a local board of education for the innovative school district pursuant to subdivision (b)(1), then the university employee selected to serve as the director of schools for the innovative school district shall serve as an ex officio, nonvoting member of the established committee and liaison between the board and the schools.
(1) Notwithstanding § 49-2-203 , the governing body for a public university that is approved by the department of education to operate an innovative school district shall serve as the local board of education for such innovative school district. The governing body may appoint from its membership a committee to perform the functions of a local board of education for the innovative school district. If the governing body appoints a committee to perform the functions of a local board of education for the innovative school district, then the committee is authorized to take any action that the governing body is authorized or required to take concerning the operation of the innovative school district.
(2) Notwithstanding a law to the contrary, the governing body for a public university that is approved by the department of education to operate an innovative school district has, at a minimum, the same authority and autonomy afforded to LEAs under state law regarding the procurement of goods and services, including, but not limited to, personal, professional, consulting, and social services. The governing body shall develop written procedures for the procurement of all goods and services in compliance with the expenditure thresholds for competitive bidding outlined or permitted in § 49-2-203 .
(3) The governing body for a public university that is approved by the department of education to operate an innovative school district is authorized to exercise the authority with regard to schools in such innovative school district as a state college or university is authorized to exercise pursuant to § 49-8-105 . A governing body for a public university that is approved by the department of education to operate an innovative school district is not required to contract with an LEA for the operation of a training school in order to exercise the authority authorized by this subdivision (b)(3).
(4) The governing body for a public university that is approved by the department of education to operate an innovative school district may, in the operation of such innovative school district, exercise the powers and duties authorized by § 49-8-203 .
(5) The governing body for a public university that is approved by the department of education to operate an innovative school district may delegate to the chief executive officer of the public university authorization to designate a university employee to serve as the director of schools for the innovative school district. Notwithstanding this chapter or another law to the contrary, and except as otherwise provided in this part, the governing body for a public university that is approved to operate an innovative school district shall employ the university employee to serve as the director of schools for the innovative school district. Except as otherwise provided in this part, the university employee selected to serve as the director of schools for an innovative school district is authorized and required to perform the functions of a director of schools for the innovative school district, including, but not limited to, performing the duties outlined in § 49-2-301 . If the governing body for a public university that is approved by the department of education to operate an innovative school district appoints a committee to perform the functions of a local board of education for the innovative school district pursuant to subdivision (b)(1), then the university employee selected to serve as the director of schools for the innovative school district shall serve as an ex officio, nonvoting member of the established committee and liaison between the board and the schools.
Added by 2024 Tenn. Acts, ch. 1053,s 1, eff. 5/28/2024, app. to the 2024-2025 school year and each school year thereafter.
Tenn. Code Ann. § 49-3-401 — TN Code / Title 49 / Chapter 3 / Section 49-3-401
Short title
Status: in_force

This part shall be known and may be cited as the "Volunteer Public Education Trust Fund Act of 1985." Acts 1985, ch. 351, § 1.
This part shall be known and may be cited as the "Volunteer Public Education Trust Fund Act of 1985."
Acts 1985, ch. 351, § 1.
Tenn. Code Ann. § 49-7-502 — TN Code / Title 49 / Chapter 7 / Section 49-7-502
Chairs of excellence program
Status: in_force

(a) The chairs of excellence program is created. (b) Institutions eligible to participate in the program shall be limited to Tennessee's four-year public universities that grant baccalaureate degrees and the University of Tennessee Space Institute. (c) (1) It is the intent of the general assembly that all eligible institutions will receive at least one (1) chair of excellence. (2) It is the intent of the general assembly that professors hired by the institutions under this program shall be persons of regional and, preferably, national eminence. (d) In order for a chair to be established, the following criteria must be satisfied: (1) Funds appropriated by the state must be matched on an equal basis by the institution with at least one-half (1/2) of the institution's funding from private sources; (2) The chair must satisfy criteria established by either the governing board of the University of Tennessee or respective state university listed in § 49-7-501(c)(7)(A) , whichever is appropriate; (3) The institution must submit a proposal regarding the chair to the appropriate governing body; and (4) The appropriate governing body must designate the chair. (e) The Tennessee higher education commission shall have an advisory role with respect to the location of the chairs upon the recommendation of the governing boards of the University of Tennessee and respective state university listed in § 49-7-501(c)(7)(A) . (f) The education committee of the senate and the education administration committee of the house of representatives shall review the comments of the commission and the governing boards' decisions with respect to each chair. No funds shall be expended for the chairs of excellence authorized by this part until the governing boards have received the written comments of the education committee of the senate and the education administration committee of the house of representatives on each specific chair established. In submitting a specific chair for review, the commission and appropriate governing board shall: (1) Estimate the annual funding required, by source, to support operation of the chair; (2) Describe the general qualifications of individuals that the institution intends to recruit to fill the chair; (3) Comment on how establishment of the chair will assist the institution in achieving that institution's mission; and (4) Comment on the impact the establishment of the chair will have on any other institutional programs. (g) As chairs are filled, each governing board shall submit a report to the education committee of the senate and the education administration committee of the house of representatives that includes the appointees' general background, experience and qualifications. (h) The commission shall submit an annual report to the education committee of the senate and the education administration committee of the house of representatives that addresses the general status of the chairs of excellence program, the impact that the chairs of excellence program has had on higher education institutions and programs and recommendations to enhance the effectiveness of the program. Amended by 2021 Tenn. Acts, ch. 64, s 101, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 345, s 115, eff. 5/10/2019. Amended by 2017 Tenn. Acts, ch. 400, s 18, eff. 7/1/2017. Amended by 2017 Tenn. Acts, ch. 400, s 17, eff. 7/1/2017. Amended by 2015 Tenn. Acts, ch. 182, Secs.s 68, s 69, s 70 eff. 4/17/2015. Acts 1985, ch. 119, § 1; 1989, ch. 306, § 1; 2011 , ch. 410, § 4 (bb), (cc); 2012 , ch. 925, §§ 7, 13.
(a) The chairs of excellence program is created.
(b) Institutions eligible to participate in the program shall be limited to Tennessee's four-year public universities that grant baccalaureate degrees and the University of Tennessee Space Institute.
(c) (1) It is the intent of the general assembly that all eligible institutions will receive at least one (1) chair of excellence. (2) It is the intent of the general assembly that professors hired by the institutions under this program shall be persons of regional and, preferably, national eminence.
(1) It is the intent of the general assembly that all eligible institutions will receive at least one (1) chair of excellence.
(2) It is the intent of the general assembly that professors hired by the institutions under this program shall be persons of regional and, preferably, national eminence.
(d) In order for a chair to be established, the following criteria must be satisfied: (1) Funds appropriated by the state must be matched on an equal basis by the institution with at least one-half (1/2) of the institution's funding from private sources; (2) The chair must satisfy criteria established by either the governing board of the University of Tennessee or respective state university listed in § 49-7-501(c)(7)(A) , whichever is appropriate; (3) The institution must submit a proposal regarding the chair to the appropriate governing body; and (4) The appropriate governing body must designate the chair.
(1) Funds appropriated by the state must be matched on an equal basis by the institution with at least one-half (1/2) of the institution's funding from private sources;
(2) The chair must satisfy criteria established by either the governing board of the University of Tennessee or respective state university listed in § 49-7-501(c)(7)(A) , whichever is appropriate;
(3) The institution must submit a proposal regarding the chair to the appropriate governing body; and
(4) The appropriate governing body must designate the chair.
(e) The Tennessee higher education commission shall have an advisory role with respect to the location of the chairs upon the recommendation of the governing boards of the University of Tennessee and respective state university listed in § 49-7-501(c)(7)(A) .
(f) The education committee of the senate and the education administration committee of the house of representatives shall review the comments of the commission and the governing boards' decisions with respect to each chair. No funds shall be expended for the chairs of excellence authorized by this part until the governing boards have received the written comments of the education committee of the senate and the education administration committee of the house of representatives on each specific chair established. In submitting a specific chair for review, the commission and appropriate governing board shall: (1) Estimate the annual funding required, by source, to support operation of the chair; (2) Describe the general qualifications of individuals that the institution intends to recruit to fill the chair; (3) Comment on how establishment of the chair will assist the institution in achieving that institution's mission; and (4) Comment on the impact the establishment of the chair will have on any other institutional programs.
(1) Estimate the annual funding required, by source, to support operation of the chair;
(2) Describe the general qualifications of individuals that the institution intends to recruit to fill the chair;
(3) Comment on how establishment of the chair will assist the institution in achieving that institution's mission; and
(4) Comment on the impact the establishment of the chair will have on any other institutional programs.
(g) As chairs are filled, each governing board shall submit a report to the education committee of the senate and the education administration committee of the house of representatives that includes the appointees' general background, experience and qualifications.
(h) The commission shall submit an annual report to the education committee of the senate and the education administration committee of the house of representatives that addresses the general status of the chairs of excellence program, the impact that the chairs of excellence program has had on higher education institutions and programs and recommendations to enhance the effectiveness of the program.
Amended by 2021 Tenn. Acts, ch. 64, s 101, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 115, eff. 5/10/2019.
Amended by 2017 Tenn. Acts, ch. 400, s 18, eff. 7/1/2017.
Amended by 2017 Tenn. Acts, ch. 400, s 17, eff. 7/1/2017.
Amended by 2015 Tenn. Acts, ch. 182, Secs.s 68, s 69, s 70 eff. 4/17/2015.
Acts 1985, ch. 119, § 1; 1989, ch. 306, § 1; 2011 , ch. 410, § 4 (bb), (cc); 2012 , ch. 925, §§ 7, 13.