Tenn. Code Ann. § 49-5-413 — TN Code / Title 49 / Chapter 5 / Section 49-5-413
Investigation of applicants for teaching or child care positions
Status: in_force

(a) Except as provided by subsection (f), and in addition to the requirements of § 49-5-406 , a local board of education, charter school, or any child care program as defined in § 49-1-1102 , shall require that prior to employment, and at least every five (5) years thereafter, any person applying for or holding a position as a teacher or any other position requiring proximity to school children or to children in a child care program to: (1) Agree to the release of all investigative records to the board or child care program for examination for the purpose of verifying the accuracy of criminal violation information as required by § 49-5-406(a)(1)(A) ; and (2) Supply a fingerprint sample and submit to a criminal history records check to be conducted by the Tennessee bureau of investigation and the federal bureau of investigation. (b) Any retired teacher applying for a position as a teacher in accordance with title 8, chapter 36, part 8 shall not be required to comply with this section if the application is being made to the local board of education from which the teacher retired. (c) Any reasonable costs incurred by the Tennessee bureau of investigation in conducting the investigation of an applicant shall be paid by the applicant the first time the applicant applies for a position with a local board of education or a child care program. The applicant shall be provided a copy of all criminal history records check documentation provided to the local board of education or child care program to which the applicant first applies. In lieu of additional criminal history records checks for subsequent applications, the applicant may submit copies of the applicant's initial criminal history records check documentation and shall not be required to pay any additional costs. Any local board of education or child care program may reimburse the applicant for the costs of the investigation if the applicant accepts a position as a teacher or any other position requiring proximity to school children or children in a child care program. Any local board of education or child care program may establish a policy authorizing payments for investigations of an applicant who provides school maintenance, clean up, food service and other such functions other than administrative or teaching functions or duties. A local board of education or child care program may pay for an investigation of the applicant regardless of whether the applicant accepts an offer for employment with the board of education or child care program. (d) (1) (A) Any person, corporation or other entity that enters into or renews a contract, or contracts with any person, corporation, or other entity that enters into or renews a contract, with a school, local board of education or child care program as defined in § 49-1-1102 , on or after May 30, 2008, shall be required to comply with this subsection (d) if the contract requires: (i) The person or an employee of the person, corporation or other entity to have direct contact with school children or to children in a child care program; or (ii) The person or employee to have access to the grounds of a school or child care center when children are present. (B) Any person, corporation or other entity that, on or after September 1, 2007, but prior to May 30, 2008, entered into or renewed an applicable contract or contracts with a school, local board of education or child care program as defined in § 49-1-1102 , and the contract remains in effect on May 30, 2008, shall be governed by this subsection (d) as it existed prior to May 30, 2008. However, all parties to any such contract may agree to come within this subsection (d), even if the contracts were entered into or renewed prior to May 30, 2008. (2) (A) It is the duty of the person, corporation or other entity that employs a person described in subdivision (d)(1) to require the applicant to supply a fingerprint sample and submit to a criminal history records check to be conducted by the Tennessee bureau of investigation and the federal bureau of investigation prior to permitting the person to have contact with the children or enter school grounds. (B) If the person, corporation or other entity is an out-of-state employer, the requirements of subdivision (d)(2)(A) are satisfied if the employer presents proof that a criminal history records check that is comparable to that required by subdivision (d)(2)(A) has been conducted on the employee described in subdivision (d)(1). To qualify as a comparable criminal history records check, it must include a fingerprint-based criminal history records check that is conducted by the federal bureau of investigation. (C) Notwithstanding subdivision (d)(2)(A), a person, corporation or entity that, for one (1) employee, satisfies the requirements of this subsection (d) for one (1) school, one (1) local board of education or one (1) child care program shall be deemed to have satisfied the requirements for any other school, board of education or child care program, as long as the employee remains in the continuous employment of the same person, corporation or entity. (D) Notwithstanding subdivision (d)(2)(A), a person, corporation or other entity that, for one (1) contract, satisfies the requirements of this subsection (d) shall be deemed to have satisfied the requirements of this subsection (d) for any subsequent contract, as long as the employee servicing or working on that contract remains in the continuous employment of the same person, corporation or entity. (3) (A) No employer, or employee of the employer to whom this subsection (d) applies, shall come in direct contact with school children or with children in a child care program or enter the grounds of a school or child care center when children are present until the criminal history records check has been conducted on the person. (B) (i) No employer, or employee of the employer to whom this subsection (d) applies, shall come in direct contact with school children or with children in a child care program or enter the grounds of a school or child care center when children are present if the criminal history records check indicates that the employer or employee has ever been convicted of any of the following offenses, or the same or similar offense in any jurisdiction, including convictions for the solicitation of, attempt to commit, conspiracy, or acting as an accessory to: (a) A sexual offense or a violent sexual offense as defined in § 40-39-202 ; (b) Any offense in title 39, chapter 13; (c) Sections 39-14-301 and 39-14-302 ; (d) Sections 39-13-1001 - 39-13-1004; (e) Sections 39-15-401 and 39-15-402 ; (f) Section 39-17-417 ; (g) Section 39-17-1320 ; or (h) Any other offense in title 39, chapter 17, part 13. (ii) Notwithstanding subdivision (d)(3)(B)(i), an employer or employee of the employer to whom this subsection (d) applies, may come in direct contact with school children or with children in a child care program or enter the grounds of a school or child care center when children are present if the criminal history records check indicates that: (a) The person was convicted of a misdemeanor offense; (b) The misdemeanor conviction occurred more than ten (10) years preceding the date of application for employment; and (c) The misdemeanor offense for which the person was convicted did not involve a minor. (C) (i) If an employee is convicted of any of the offenses in subdivision (d)(3)(B)(i) after the employer has conducted a criminal history records check on the employee, the employee shall notify the employer of the conviction within seven (7) days from the date of conviction. (ii) An employee commits a Class A misdemeanor, punishable by fine only, who knowingly fails to disclose to the employer within seven (7) days as required under subdivision (d)(3)(C)(i) that the employee has been convicted of an offense specified in subdivision (d)(3)(B)(i). (4) This subsection (d) shall only apply if the employer or employee of the employer comes in direct contact with school children, children in a child care program or enters the grounds of a school or child care center when children are present during the ordinary course of performing a function required or permitted by the terms of the contract. Any action involving direct contact or entry by an employee that is outside the ordinary course of performing a function required or permitted by the terms of the contract shall not in any way be deemed to be authorized or approved by the employer and the employer shall not in any way be deemed to be liable for the contact or entry, vicariously or otherwise. However, nothing in this subsection (d) shall authorize contact or entry by an employer or employee of the employer if contact or entry is prohibited by any other law; provided, that, with respect to the contact or entry, the person, corporation or other entity that employs a person described in subdivision (d)(1) shall not in any way be deemed to be liable, vicariously or otherwise, for any actions taken by the employee, unless the employer has actual knowledge that the other law prohibits contact or entry by an employee. (5) (A) This subsection (d) shall not apply to: (i) Government personnel engaged in law enforcement, medical or emergency health services; (ii) Utility personnel, where utility means any entity created or authorized by law to provide electricity, gas, water, wastewater services or telecommunications services or any combination of these services; (iii) Delivery or pick-up service providers where those services involve only scheduled visits under the supervision of school personnel; or (iv) A person whose contract is for the performance of a service at a school-sponsored activity, assembly, or event at which school officials or employees are present when the service is performed and where the activity, assembly, or event is conducted under the supervision of school officials or employees; provided, however, that this exception shall not apply to persons engaged or contracted to referee or officiate an interscholastic athletic event unless said person has undergone a satisfactory background check as a condition of registration for work as an official for interscholastic athletic contests. (B) Nothing in this subsection (d) shall be construed to prevent any person, corporation or other entity that employs a person described in subdivision (d)(1) from directly receiving, upon payment of the appropriate fee, information indicating whether the employee meets or does not meet the criteria set out in this subsection (d). (e) (1) The department of education, the state board of education, local boards of education, public charter schools, and LEAs shall not hire or retain, and the state board of education shall not grant a license, reactivate an expired license, restore a revoked license, or grant a temporary teaching permit to, an individual found by the department of children's services to have committed child abuse, severe child abuse, child sexual abuse, or child neglect pursuant to title 37. The department of children's services shall not report an individual or employee as a perpetrator unless the department of children's services has first determined that the due process rights of the individual or employee were either offered but not accepted or fully exhausted or concluded, pursuant to the department of children's services rules and pursuant to state and federal law. (2) Any individual who is currently employed with, or has been conditionally offered employment with, the department of education, the state board of education, any local board of education, public charter school, or any LEA, and has ever been found by the department of children's services to have committed child abuse, severe child abuse, child sexual abuse, or child neglect, shall be offered due process rights. Once the due process rights of the individual or employee have either been offered but not accepted, or have been fully concluded and the finding upheld, the department of children's services shall disclose such finding to the department of education, the state board of education, local board of education, public charter school, or LEA. (3) If an individual is currently employed with, or has been conditionally offered employment with, the department of education, the state board of education, any local board of education, public charter school, or any LEA, and the department of children's services has ever found the individual to have committed child abuse, severe child abuse, child sexual abuse, or child neglect, but the due process rights of the individual or employee have not yet been offered or are still pending, the department of children's services shall conduct an emergency file review to determine if the individual poses an immediate threat to the health, safety, or welfare of children. If the emergency file review results in a finding that the individual poses an immediate threat to the health, safety or welfare of children, the department of children's services shall disclose the threat to the department of education, the state board of education, local board of education, public charter school, or LEA. (4) If an individual is currently employed with, or has been conditionally offered employment with, the department of education, the state board of education, any local board of education, public charter school, or any LEA, and the department of children's services has commenced an investigation of the individual that has not yet been concluded, the department of children's services shall conduct an emergency file review to determine if the individual poses an immediate threat to the health, safety, or welfare of children. If the emergency file review results in a finding that the individual poses an immediate threat to the health, safety or welfare of children, the department of children's services shall disclose the threat to the department of education, the state board of education, local board of education, public charter school, or LEA. (5) If due process proceedings have been stayed due to a pending criminal charge against an individual who is currently employed or has been conditionally offered employment by the department of education, the state board of education, any local board of education, public charter school, or any LEA, the department of children's services shall notify the department of education, the state board of education, local board of education, public charter school, or LEA of the pending criminal charge. (6) The department of education, the state board of education and the department of children's services, in consultation, shall develop a procedure whereby local boards of education, public charter schools, or LEAs may submit to the department of children's services the names of current employees and individuals who have been conditionally offered employment with the local board of education, public charter school, or LEA, to determine if the employee or individual has been found by the department of children's services to have committed child abuse, severe child abuse, child sexual abuse, or child neglect, or to pose an immediate threat to the health, safety, or welfare of children. Upon submission by the local board of education, public charter school, or LEA of the names of current employees and individuals who have been conditionally offered employment, the department of children's services shall timely provide the local board of education, public charter school, or LEA with the information in subdivisions (e)(2)-(5). (7) The department of education, the state board of education, local boards of education, public charter schools, and LEAs shall not hire or retain, and the state board of education shall not grant a license, reactivate an expired license, restore a revoked license, or grant a temporary teaching permit to, an individual whose name has been placed on the state's vulnerable person's registry, the state's sex offender registry, or on registry similar to this state's vulnerable person's registry or this state's sex offender registry in another jurisdiction. (8) The department of children's services shall have authority to promulgate as emergency rules the procedures described in subdivisions (e)(2)-(5) and shall promulgate such rules within sixty (60) days of May 14, 2013. (f) Upon Tennessee's acceptance into the federal bureau of investigation rap back program, local boards of education, charter schools, and any child care programs, as defined in § 49-1-1102 , shall conduct state and national criminal history record checks on the personnel identified in subsection (a) and shall participate in the rap back program to determine suitability or fitness for employment. Local boards of education, charter schools, and child care programs shall notify applicants and employees who are subject to a criminal history record check pursuant to this section that the Tennessee bureau of investigation may charge a reasonable fee for the criminal history record checks performed and that applicant and employee fingerprints will be retained by the Tennessee bureau of investigation and the federal bureau of investigation for all purposes and uses authorized for fingerprint submissions. The criminal history record check shall include the submission of fingerprints to: (1) The federal bureau of investigation for a national criminal history record check; and (2) The Tennessee bureau of investigation for a state criminal history record check that shall include nonconviction data. (g) Each local board of education and each governing body of a charter school shall adopt a policy governing background check procedures for contract workers and volunteers. Upon Tennessee's acceptance into the federal bureau of investigation rap back program, local boards of education, charter schools, and any child care program, as defined in § 49-1-1102 , may require state and national criminal history record checks to be conducted on contract workers and school volunteers, and may participate in the rap back program, for the purpose of determining suitability or fitness for contract workers and volunteers to work with children or to be on school grounds when children are present. Amended by 2023 Tenn. Acts, ch. 222, s 4, eff. 4/25/2023. Amended by 2023 Tenn. Acts, ch. 222, s 3, eff. 4/25/2023. Amended by 2023 Tenn. Acts, ch. 222, s 2, eff. 4/25/2023. Amended by 2023 Tenn. Acts, ch. 222, s 1, eff. 4/25/2023. Amended by 2021 Tenn. Acts, ch. 545, s 17, eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 417, s 2, eff. 5/12/2021. Amended by 2018 Tenn. Acts, ch. 1006, s 2, eff. 7/1/2018. Amended by 2018 Tenn. Acts, ch. 1006, s 1, eff. 7/1/2018. Amended by 2016 Tenn. Acts, ch. 710, s 1, eff. 4/6/2016. Amended by 2014 Tenn. Acts, ch. 844, s 1, eff. 4/29/2014. Amended by 2013 Tenn. Acts, ch. 381, s 2, eff. 5/14/2013. Amended by 2013 Tenn. Acts, ch. 177, s 1, eff. 4/23/2013. Acts 1993, ch. 350, § 1; 1996, ch. 843, §§ 2, 3; 1999, ch. 480, §§ 1, 2; 2000, ch. 903, § 3; 2000, ch. 981, § 50; 2007 , ch. 587, § 1; 2008 , ch. 1080, §§ 1 - 5.
(a) Except as provided by subsection (f), and in addition to the requirements of § 49-5-406 , a local board of education, charter school, or any child care program as defined in § 49-1-1102 , shall require that prior to employment, and at least every five (5) years thereafter, any person applying for or holding a position as a teacher or any other position requiring proximity to school children or to children in a child care program to: (1) Agree to the release of all investigative records to the board or child care program for examination for the purpose of verifying the accuracy of criminal violation information as required by § 49-5-406(a)(1)(A) ; and (2) Supply a fingerprint sample and submit to a criminal history records check to be conducted by the Tennessee bureau of investigation and the federal bureau of investigation.
(1) Agree to the release of all investigative records to the board or child care program for examination for the purpose of verifying the accuracy of criminal violation information as required by § 49-5-406(a)(1)(A) ; and
(2) Supply a fingerprint sample and submit to a criminal history records check to be conducted by the Tennessee bureau of investigation and the federal bureau of investigation.
(b) Any retired teacher applying for a position as a teacher in accordance with title 8, chapter 36, part 8 shall not be required to comply with this section if the application is being made to the local board of education from which the teacher retired.
(c) Any reasonable costs incurred by the Tennessee bureau of investigation in conducting the investigation of an applicant shall be paid by the applicant the first time the applicant applies for a position with a local board of education or a child care program. The applicant shall be provided a copy of all criminal history records check documentation provided to the local board of education or child care program to which the applicant first applies. In lieu of additional criminal history records checks for subsequent applications, the applicant may submit copies of the applicant's initial criminal history records check documentation and shall not be required to pay any additional costs. Any local board of education or child care program may reimburse the applicant for the costs of the investigation if the applicant accepts a position as a teacher or any other position requiring proximity to school children or children in a child care program. Any local board of education or child care program may establish a policy authorizing payments for investigations of an applicant who provides school maintenance, clean up, food service and other such functions other than administrative or teaching functions or duties. A local board of education or child care program may pay for an investigation of the applicant regardless of whether the applicant accepts an offer for employment with the board of education or child care program.
(d) (1) (A) Any person, corporation or other entity that enters into or renews a contract, or contracts with any person, corporation, or other entity that enters into or renews a contract, with a school, local board of education or child care program as defined in § 49-1-1102 , on or after May 30, 2008, shall be required to comply with this subsection (d) if the contract requires: (i) The person or an employee of the person, corporation or other entity to have direct contact with school children or to children in a child care program; or (ii) The person or employee to have access to the grounds of a school or child care center when children are present. (B) Any person, corporation or other entity that, on or after September 1, 2007, but prior to May 30, 2008, entered into or renewed an applicable contract or contracts with a school, local board of education or child care program as defined in § 49-1-1102 , and the contract remains in effect on May 30, 2008, shall be governed by this subsection (d) as it existed prior to May 30, 2008. However, all parties to any such contract may agree to come within this subsection (d), even if the contracts were entered into or renewed prior to May 30, 2008. (2) (A) It is the duty of the person, corporation or other entity that employs a person described in subdivision (d)(1) to require the applicant to supply a fingerprint sample and submit to a criminal history records check to be conducted by the Tennessee bureau of investigation and the federal bureau of investigation prior to permitting the person to have contact with the children or enter school grounds. (B) If the person, corporation or other entity is an out-of-state employer, the requirements of subdivision (d)(2)(A) are satisfied if the employer presents proof that a criminal history records check that is comparable to that required by subdivision (d)(2)(A) has been conducted on the employee described in subdivision (d)(1). To qualify as a comparable criminal history records check, it must include a fingerprint-based criminal history records check that is conducted by the federal bureau of investigation. (C) Notwithstanding subdivision (d)(2)(A), a person, corporation or entity that, for one (1) employee, satisfies the requirements of this subsection (d) for one (1) school, one (1) local board of education or one (1) child care program shall be deemed to have satisfied the requirements for any other school, board of education or child care program, as long as the employee remains in the continuous employment of the same person, corporation or entity. (D) Notwithstanding subdivision (d)(2)(A), a person, corporation or other entity that, for one (1) contract, satisfies the requirements of this subsection (d) shall be deemed to have satisfied the requirements of this subsection (d) for any subsequent contract, as long as the employee servicing or working on that contract remains in the continuous employment of the same person, corporation or entity. (3) (A) No employer, or employee of the employer to whom this subsection (d) applies, shall come in direct contact with school children or with children in a child care program or enter the grounds of a school or child care center when children are present until the criminal history records check has been conducted on the person. (B) (i) No employer, or employee of the employer to whom this subsection (d) applies, shall come in direct contact with school children or with children in a child care program or enter the grounds of a school or child care center when children are present if the criminal history records check indicates that the employer or employee has ever been convicted of any of the following offenses, or the same or similar offense in any jurisdiction, including convictions for the solicitation of, attempt to commit, conspiracy, or acting as an accessory to: (a) A sexual offense or a violent sexual offense as defined in § 40-39-202 ; (b) Any offense in title 39, chapter 13; (c) Sections 39-14-301 and 39-14-302 ; (d) Sections 39-13-1001 - 39-13-1004; (e) Sections 39-15-401 and 39-15-402 ; (f) Section 39-17-417 ; (g) Section 39-17-1320 ; or (h) Any other offense in title 39, chapter 17, part 13. (ii) Notwithstanding subdivision (d)(3)(B)(i), an employer or employee of the employer to whom this subsection (d) applies, may come in direct contact with school children or with children in a child care program or enter the grounds of a school or child care center when children are present if the criminal history records check indicates that: (a) The person was convicted of a misdemeanor offense; (b) The misdemeanor conviction occurred more than ten (10) years preceding the date of application for employment; and (c) The misdemeanor offense for which the person was convicted did not involve a minor. (C) (i) If an employee is convicted of any of the offenses in subdivision (d)(3)(B)(i) after the employer has conducted a criminal history records check on the employee, the employee shall notify the employer of the conviction within seven (7) days from the date of conviction. (ii) An employee commits a Class A misdemeanor, punishable by fine only, who knowingly fails to disclose to the employer within seven (7) days as required under subdivision (d)(3)(C)(i) that the employee has been convicted of an offense specified in subdivision (d)(3)(B)(i). (4) This subsection (d) shall only apply if the employer or employee of the employer comes in direct contact with school children, children in a child care program or enters the grounds of a school or child care center when children are present during the ordinary course of performing a function required or permitted by the terms of the contract. Any action involving direct contact or entry by an employee that is outside the ordinary course of performing a function required or permitted by the terms of the contract shall not in any way be deemed to be authorized or approved by the employer and the employer shall not in any way be deemed to be liable for the contact or entry, vicariously or otherwise. However, nothing in this subsection (d) shall authorize contact or entry by an employer or employee of the employer if contact or entry is prohibited by any other law; provided, that, with respect to the contact or entry, the person, corporation or other entity that employs a person described in subdivision (d)(1) shall not in any way be deemed to be liable, vicariously or otherwise, for any actions taken by the employee, unless the employer has actual knowledge that the other law prohibits contact or entry by an employee. (5) (A) This subsection (d) shall not apply to: (i) Government personnel engaged in law enforcement, medical or emergency health services; (ii) Utility personnel, where utility means any entity created or authorized by law to provide electricity, gas, water, wastewater services or telecommunications services or any combination of these services; (iii) Delivery or pick-up service providers where those services involve only scheduled visits under the supervision of school personnel; or (iv) A person whose contract is for the performance of a service at a school-sponsored activity, assembly, or event at which school officials or employees are present when the service is performed and where the activity, assembly, or event is conducted under the supervision of school officials or employees; provided, however, that this exception shall not apply to persons engaged or contracted to referee or officiate an interscholastic athletic event unless said person has undergone a satisfactory background check as a condition of registration for work as an official for interscholastic athletic contests. (B) Nothing in this subsection (d) shall be construed to prevent any person, corporation or other entity that employs a person described in subdivision (d)(1) from directly receiving, upon payment of the appropriate fee, information indicating whether the employee meets or does not meet the criteria set out in this subsection (d).
(1) (A) Any person, corporation or other entity that enters into or renews a contract, or contracts with any person, corporation, or other entity that enters into or renews a contract, with a school, local board of education or child care program as defined in § 49-1-1102 , on or after May 30, 2008, shall be required to comply with this subsection (d) if the contract requires: (i) The person or an employee of the person, corporation or other entity to have direct contact with school children or to children in a child care program; or (ii) The person or employee to have access to the grounds of a school or child care center when children are present. (B) Any person, corporation or other entity that, on or after September 1, 2007, but prior to May 30, 2008, entered into or renewed an applicable contract or contracts with a school, local board of education or child care program as defined in § 49-1-1102 , and the contract remains in effect on May 30, 2008, shall be governed by this subsection (d) as it existed prior to May 30, 2008. However, all parties to any such contract may agree to come within this subsection (d), even if the contracts were entered into or renewed prior to May 30, 2008.
(A) Any person, corporation or other entity that enters into or renews a contract, or contracts with any person, corporation, or other entity that enters into or renews a contract, with a school, local board of education or child care program as defined in § 49-1-1102 , on or after May 30, 2008, shall be required to comply with this subsection (d) if the contract requires: (i) The person or an employee of the person, corporation or other entity to have direct contact with school children or to children in a child care program; or (ii) The person or employee to have access to the grounds of a school or child care center when children are present.
(i) The person or an employee of the person, corporation or other entity to have direct contact with school children or to children in a child care program; or
(ii) The person or employee to have access to the grounds of a school or child care center when children are present.
(B) Any person, corporation or other entity that, on or after September 1, 2007, but prior to May 30, 2008, entered into or renewed an applicable contract or contracts with a school, local board of education or child care program as defined in § 49-1-1102 , and the contract remains in effect on May 30, 2008, shall be governed by this subsection (d) as it existed prior to May 30, 2008. However, all parties to any such contract may agree to come within this subsection (d), even if the contracts were entered into or renewed prior to May 30, 2008.
(2) (A) It is the duty of the person, corporation or other entity that employs a person described in subdivision (d)(1) to require the applicant to supply a fingerprint sample and submit to a criminal history records check to be conducted by the Tennessee bureau of investigation and the federal bureau of investigation prior to permitting the person to have contact with the children or enter school grounds. (B) If the person, corporation or other entity is an out-of-state employer, the requirements of subdivision (d)(2)(A) are satisfied if the employer presents proof that a criminal history records check that is comparable to that required by subdivision (d)(2)(A) has been conducted on the employee described in subdivision (d)(1). To qualify as a comparable criminal history records check, it must include a fingerprint-based criminal history records check that is conducted by the federal bureau of investigation. (C) Notwithstanding subdivision (d)(2)(A), a person, corporation or entity that, for one (1) employee, satisfies the requirements of this subsection (d) for one (1) school, one (1) local board of education or one (1) child care program shall be deemed to have satisfied the requirements for any other school, board of education or child care program, as long as the employee remains in the continuous employment of the same person, corporation or entity. (D) Notwithstanding subdivision (d)(2)(A), a person, corporation or other entity that, for one (1) contract, satisfies the requirements of this subsection (d) shall be deemed to have satisfied the requirements of this subsection (d) for any subsequent contract, as long as the employee servicing or working on that contract remains in the continuous employment of the same person, corporation or entity.
(A) It is the duty of the person, corporation or other entity that employs a person described in subdivision (d)(1) to require the applicant to supply a fingerprint sample and submit to a criminal history records check to be conducted by the Tennessee bureau of investigation and the federal bureau of investigation prior to permitting the person to have contact with the children or enter school grounds.
(B) If the person, corporation or other entity is an out-of-state employer, the requirements of subdivision (d)(2)(A) are satisfied if the employer presents proof that a criminal history records check that is comparable to that required by subdivision (d)(2)(A) has been conducted on the employee described in subdivision (d)(1). To qualify as a comparable criminal history records check, it must include a fingerprint-based criminal history records check that is conducted by the federal bureau of investigation.
(C) Notwithstanding subdivision (d)(2)(A), a person, corporation or entity that, for one (1) employee, satisfies the requirements of this subsection (d) for one (1) school, one (1) local board of education or one (1) child care program shall be deemed to have satisfied the requirements for any other school, board of education or child care program, as long as the employee remains in the continuous employment of the same person, corporation or entity.
(D) Notwithstanding subdivision (d)(2)(A), a person, corporation or other entity that, for one (1) contract, satisfies the requirements of this subsection (d) shall be deemed to have satisfied the requirements of this subsection (d) for any subsequent contract, as long as the employee servicing or working on that contract remains in the continuous employment of the same person, corporation or entity.
(3) (A) No employer, or employee of the employer to whom this subsection (d) applies, shall come in direct contact with school children or with children in a child care program or enter the grounds of a school or child care center when children are present until the criminal history records check has been conducted on the person. (B) (i) No employer, or employee of the employer to whom this subsection (d) applies, shall come in direct contact with school children or with children in a child care program or enter the grounds of a school or child care center when children are present if the criminal history records check indicates that the employer or employee has ever been convicted of any of the following offenses, or the same or similar offense in any jurisdiction, including convictions for the solicitation of, attempt to commit, conspiracy, or acting as an accessory to: (a) A sexual offense or a violent sexual offense as defined in § 40-39-202 ; (b) Any offense in title 39, chapter 13; (c) Sections 39-14-301 and 39-14-302 ; (d) Sections 39-13-1001 - 39-13-1004; (e) Sections 39-15-401 and 39-15-402 ; (f) Section 39-17-417 ; (g) Section 39-17-1320 ; or (h) Any other offense in title 39, chapter 17, part 13. (ii) Notwithstanding subdivision (d)(3)(B)(i), an employer or employee of the employer to whom this subsection (d) applies, may come in direct contact with school children or with children in a child care program or enter the grounds of a school or child care center when children are present if the criminal history records check indicates that: (a) The person was convicted of a misdemeanor offense; (b) The misdemeanor conviction occurred more than ten (10) years preceding the date of application for employment; and (c) The misdemeanor offense for which the person was convicted did not involve a minor. (C) (i) If an employee is convicted of any of the offenses in subdivision (d)(3)(B)(i) after the employer has conducted a criminal history records check on the employee, the employee shall notify the employer of the conviction within seven (7) days from the date of conviction. (ii) An employee commits a Class A misdemeanor, punishable by fine only, who knowingly fails to disclose to the employer within seven (7) days as required under subdivision (d)(3)(C)(i) that the employee has been convicted of an offense specified in subdivision (d)(3)(B)(i).
(A) No employer, or employee of the employer to whom this subsection (d) applies, shall come in direct contact with school children or with children in a child care program or enter the grounds of a school or child care center when children are present until the criminal history records check has been conducted on the person.
(B) (i) No employer, or employee of the employer to whom this subsection (d) applies, shall come in direct contact with school children or with children in a child care program or enter the grounds of a school or child care center when children are present if the criminal history records check indicates that the employer or employee has ever been convicted of any of the following offenses, or the same or similar offense in any jurisdiction, including convictions for the solicitation of, attempt to commit, conspiracy, or acting as an accessory to: (a) A sexual offense or a violent sexual offense as defined in § 40-39-202 ; (b) Any offense in title 39, chapter 13; (c) Sections 39-14-301 and 39-14-302 ; (d) Sections 39-13-1001 - 39-13-1004; (e) Sections 39-15-401 and 39-15-402 ; (f) Section 39-17-417 ; (g) Section 39-17-1320 ; or (h) Any other offense in title 39, chapter 17, part 13. (ii) Notwithstanding subdivision (d)(3)(B)(i), an employer or employee of the employer to whom this subsection (d) applies, may come in direct contact with school children or with children in a child care program or enter the grounds of a school or child care center when children are present if the criminal history records check indicates that: (a) The person was convicted of a misdemeanor offense; (b) The misdemeanor conviction occurred more than ten (10) years preceding the date of application for employment; and (c) The misdemeanor offense for which the person was convicted did not involve a minor.
(i) No employer, or employee of the employer to whom this subsection (d) applies, shall come in direct contact with school children or with children in a child care program or enter the grounds of a school or child care center when children are present if the criminal history records check indicates that the employer or employee has ever been convicted of any of the following offenses, or the same or similar offense in any jurisdiction, including convictions for the solicitation of, attempt to commit, conspiracy, or acting as an accessory to: (a) A sexual offense or a violent sexual offense as defined in § 40-39-202 ; (b) Any offense in title 39, chapter 13; (c) Sections 39-14-301 and 39-14-302 ; (d) Sections 39-13-1001 - 39-13-1004; (e) Sections 39-15-401 and 39-15-402 ; (f) Section 39-17-417 ; (g) Section 39-17-1320 ; or (h) Any other offense in title 39, chapter 17, part 13.
(a) A sexual offense or a violent sexual offense as defined in § 40-39-202 ;
(b) Any offense in title 39, chapter 13;
(c) Sections 39-14-301 and 39-14-302 ;
(d) Sections 39-13-1001 - 39-13-1004;
(e) Sections 39-15-401 and 39-15-402 ;
(f) Section 39-17-417 ;
(g) Section 39-17-1320 ; or
(h) Any other offense in title 39, chapter 17, part 13.
(ii) Notwithstanding subdivision (d)(3)(B)(i), an employer or employee of the employer to whom this subsection (d) applies, may come in direct contact with school children or with children in a child care program or enter the grounds of a school or child care center when children are present if the criminal history records check indicates that: (a) The person was convicted of a misdemeanor offense; (b) The misdemeanor conviction occurred more than ten (10) years preceding the date of application for employment; and (c) The misdemeanor offense for which the person was convicted did not involve a minor.
(a) The person was convicted of a misdemeanor offense;
(b) The misdemeanor conviction occurred more than ten (10) years preceding the date of application for employment; and
(c) The misdemeanor offense for which the person was convicted did not involve a minor.
(C) (i) If an employee is convicted of any of the offenses in subdivision (d)(3)(B)(i) after the employer has conducted a criminal history records check on the employee, the employee shall notify the employer of the conviction within seven (7) days from the date of conviction. (ii) An employee commits a Class A misdemeanor, punishable by fine only, who knowingly fails to disclose to the employer within seven (7) days as required under subdivision (d)(3)(C)(i) that the employee has been convicted of an offense specified in subdivision (d)(3)(B)(i).
(i) If an employee is convicted of any of the offenses in subdivision (d)(3)(B)(i) after the employer has conducted a criminal history records check on the employee, the employee shall notify the employer of the conviction within seven (7) days from the date of conviction.
(ii) An employee commits a Class A misdemeanor, punishable by fine only, who knowingly fails to disclose to the employer within seven (7) days as required under subdivision (d)(3)(C)(i) that the employee has been convicted of an offense specified in subdivision (d)(3)(B)(i).
(4) This subsection (d) shall only apply if the employer or employee of the employer comes in direct contact with school children, children in a child care program or enters the grounds of a school or child care center when children are present during the ordinary course of performing a function required or permitted by the terms of the contract. Any action involving direct contact or entry by an employee that is outside the ordinary course of performing a function required or permitted by the terms of the contract shall not in any way be deemed to be authorized or approved by the employer and the employer shall not in any way be deemed to be liable for the contact or entry, vicariously or otherwise. However, nothing in this subsection (d) shall authorize contact or entry by an employer or employee of the employer if contact or entry is prohibited by any other law; provided, that, with respect to the contact or entry, the person, corporation or other entity that employs a person described in subdivision (d)(1) shall not in any way be deemed to be liable, vicariously or otherwise, for any actions taken by the employee, unless the employer has actual knowledge that the other law prohibits contact or entry by an employee.
(5) (A) This subsection (d) shall not apply to: (i) Government personnel engaged in law enforcement, medical or emergency health services; (ii) Utility personnel, where utility means any entity created or authorized by law to provide electricity, gas, water, wastewater services or telecommunications services or any combination of these services; (iii) Delivery or pick-up service providers where those services involve only scheduled visits under the supervision of school personnel; or (iv) A person whose contract is for the performance of a service at a school-sponsored activity, assembly, or event at which school officials or employees are present when the service is performed and where the activity, assembly, or event is conducted under the supervision of school officials or employees; provided, however, that this exception shall not apply to persons engaged or contracted to referee or officiate an interscholastic athletic event unless said person has undergone a satisfactory background check as a condition of registration for work as an official for interscholastic athletic contests. (B) Nothing in this subsection (d) shall be construed to prevent any person, corporation or other entity that employs a person described in subdivision (d)(1) from directly receiving, upon payment of the appropriate fee, information indicating whether the employee meets or does not meet the criteria set out in this subsection (d).
(A) This subsection (d) shall not apply to: (i) Government personnel engaged in law enforcement, medical or emergency health services; (ii) Utility personnel, where utility means any entity created or authorized by law to provide electricity, gas, water, wastewater services or telecommunications services or any combination of these services; (iii) Delivery or pick-up service providers where those services involve only scheduled visits under the supervision of school personnel; or (iv) A person whose contract is for the performance of a service at a school-sponsored activity, assembly, or event at which school officials or employees are present when the service is performed and where the activity, assembly, or event is conducted under the supervision of school officials or employees; provided, however, that this exception shall not apply to persons engaged or contracted to referee or officiate an interscholastic athletic event unless said person has undergone a satisfactory background check as a condition of registration for work as an official for interscholastic athletic contests.
(i) Government personnel engaged in law enforcement, medical or emergency health services;
(ii) Utility personnel, where utility means any entity created or authorized by law to provide electricity, gas, water, wastewater services or telecommunications services or any combination of these services;
(iii) Delivery or pick-up service providers where those services involve only scheduled visits under the supervision of school personnel; or
(iv) A person whose contract is for the performance of a service at a school-sponsored activity, assembly, or event at which school officials or employees are present when the service is performed and where the activity, assembly, or event is conducted under the supervision of school officials or employees; provided, however, that this exception shall not apply to persons engaged or contracted to referee or officiate an interscholastic athletic event unless said person has undergone a satisfactory background check as a condition of registration for work as an official for interscholastic athletic contests.
(B) Nothing in this subsection (d) shall be construed to prevent any person, corporation or other entity that employs a person described in subdivision (d)(1) from directly receiving, upon payment of the appropriate fee, information indicating whether the employee meets or does not meet the criteria set out in this subsection (d).
(e) (1) The department of education, the state board of education, local boards of education, public charter schools, and LEAs shall not hire or retain, and the state board of education shall not grant a license, reactivate an expired license, restore a revoked license, or grant a temporary teaching permit to, an individual found by the department of children's services to have committed child abuse, severe child abuse, child sexual abuse, or child neglect pursuant to title 37. The department of children's services shall not report an individual or employee as a perpetrator unless the department of children's services has first determined that the due process rights of the individual or employee were either offered but not accepted or fully exhausted or concluded, pursuant to the department of children's services rules and pursuant to state and federal law. (2) Any individual who is currently employed with, or has been conditionally offered employment with, the department of education, the state board of education, any local board of education, public charter school, or any LEA, and has ever been found by the department of children's services to have committed child abuse, severe child abuse, child sexual abuse, or child neglect, shall be offered due process rights. Once the due process rights of the individual or employee have either been offered but not accepted, or have been fully concluded and the finding upheld, the department of children's services shall disclose such finding to the department of education, the state board of education, local board of education, public charter school, or LEA. (3) If an individual is currently employed with, or has been conditionally offered employment with, the department of education, the state board of education, any local board of education, public charter school, or any LEA, and the department of children's services has ever found the individual to have committed child abuse, severe child abuse, child sexual abuse, or child neglect, but the due process rights of the individual or employee have not yet been offered or are still pending, the department of children's services shall conduct an emergency file review to determine if the individual poses an immediate threat to the health, safety, or welfare of children. If the emergency file review results in a finding that the individual poses an immediate threat to the health, safety or welfare of children, the department of children's services shall disclose the threat to the department of education, the state board of education, local board of education, public charter school, or LEA. (4) If an individual is currently employed with, or has been conditionally offered employment with, the department of education, the state board of education, any local board of education, public charter school, or any LEA, and the department of children's services has commenced an investigation of the individual that has not yet been concluded, the department of children's services shall conduct an emergency file review to determine if the individual poses an immediate threat to the health, safety, or welfare of children. If the emergency file review results in a finding that the individual poses an immediate threat to the health, safety or welfare of children, the department of children's services shall disclose the threat to the department of education, the state board of education, local board of education, public charter school, or LEA. (5) If due process proceedings have been stayed due to a pending criminal charge against an individual who is currently employed or has been conditionally offered employment by the department of education, the state board of education, any local board of education, public charter school, or any LEA, the department of children's services shall notify the department of education, the state board of education, local board of education, public charter school, or LEA of the pending criminal charge. (6) The department of education, the state board of education and the department of children's services, in consultation, shall develop a procedure whereby local boards of education, public charter schools, or LEAs may submit to the department of children's services the names of current employees and individuals who have been conditionally offered employment with the local board of education, public charter school, or LEA, to determine if the employee or individual has been found by the department of children's services to have committed child abuse, severe child abuse, child sexual abuse, or child neglect, or to pose an immediate threat to the health, safety, or welfare of children. Upon submission by the local board of education, public charter school, or LEA of the names of current employees and individuals who have been conditionally offered employment, the department of children's services shall timely provide the local board of education, public charter school, or LEA with the information in subdivisions (e)(2)-(5). (7) The department of education, the state board of education, local boards of education, public charter schools, and LEAs shall not hire or retain, and the state board of education shall not grant a license, reactivate an expired license, restore a revoked license, or grant a temporary teaching permit to, an individual whose name has been placed on the state's vulnerable person's registry, the state's sex offender registry, or on registry similar to this state's vulnerable person's registry or this state's sex offender registry in another jurisdiction. (8) The department of children's services shall have authority to promulgate as emergency rules the procedures described in subdivisions (e)(2)-(5) and shall promulgate such rules within sixty (60) days of May 14, 2013.
(1) The department of education, the state board of education, local boards of education, public charter schools, and LEAs shall not hire or retain, and the state board of education shall not grant a license, reactivate an expired license, restore a revoked license, or grant a temporary teaching permit to, an individual found by the department of children's services to have committed child abuse, severe child abuse, child sexual abuse, or child neglect pursuant to title 37. The department of children's services shall not report an individual or employee as a perpetrator unless the department of children's services has first determined that the due process rights of the individual or employee were either offered but not accepted or fully exhausted or concluded, pursuant to the department of children's services rules and pursuant to state and federal law.
(2) Any individual who is currently employed with, or has been conditionally offered employment with, the department of education, the state board of education, any local board of education, public charter school, or any LEA, and has ever been found by the department of children's services to have committed child abuse, severe child abuse, child sexual abuse, or child neglect, shall be offered due process rights. Once the due process rights of the individual or employee have either been offered but not accepted, or have been fully concluded and the finding upheld, the department of children's services shall disclose such finding to the department of education, the state board of education, local board of education, public charter school, or LEA.
(3) If an individual is currently employed with, or has been conditionally offered employment with, the department of education, the state board of education, any local board of education, public charter school, or any LEA, and the department of children's services has ever found the individual to have committed child abuse, severe child abuse, child sexual abuse, or child neglect, but the due process rights of the individual or employee have not yet been offered or are still pending, the department of children's services shall conduct an emergency file review to determine if the individual poses an immediate threat to the health, safety, or welfare of children. If the emergency file review results in a finding that the individual poses an immediate threat to the health, safety or welfare of children, the department of children's services shall disclose the threat to the department of education, the state board of education, local board of education, public charter school, or LEA.
(4) If an individual is currently employed with, or has been conditionally offered employment with, the department of education, the state board of education, any local board of education, public charter school, or any LEA, and the department of children's services has commenced an investigation of the individual that has not yet been concluded, the department of children's services shall conduct an emergency file review to determine if the individual poses an immediate threat to the health, safety, or welfare of children. If the emergency file review results in a finding that the individual poses an immediate threat to the health, safety or welfare of children, the department of children's services shall disclose the threat to the department of education, the state board of education, local board of education, public charter school, or LEA.
(5) If due process proceedings have been stayed due to a pending criminal charge against an individual who is currently employed or has been conditionally offered employment by the department of education, the state board of education, any local board of education, public charter school, or any LEA, the department of children's services shall notify the department of education, the state board of education, local board of education, public charter school, or LEA of the pending criminal charge.
(6) The department of education, the state board of education and the department of children's services, in consultation, shall develop a procedure whereby local boards of education, public charter schools, or LEAs may submit to the department of children's services the names of current employees and individuals who have been conditionally offered employment with the local board of education, public charter school, or LEA, to determine if the employee or individual has been found by the department of children's services to have committed child abuse, severe child abuse, child sexual abuse, or child neglect, or to pose an immediate threat to the health, safety, or welfare of children. Upon submission by the local board of education, public charter school, or LEA of the names of current employees and individuals who have been conditionally offered employment, the department of children's services shall timely provide the local board of education, public charter school, or LEA with the information in subdivisions (e)(2)-(5).
(7) The department of education, the state board of education, local boards of education, public charter schools, and LEAs shall not hire or retain, and the state board of education shall not grant a license, reactivate an expired license, restore a revoked license, or grant a temporary teaching permit to, an individual whose name has been placed on the state's vulnerable person's registry, the state's sex offender registry, or on registry similar to this state's vulnerable person's registry or this state's sex offender registry in another jurisdiction.
(8) The department of children's services shall have authority to promulgate as emergency rules the procedures described in subdivisions (e)(2)-(5) and shall promulgate such rules within sixty (60) days of May 14, 2013.
(f) Upon Tennessee's acceptance into the federal bureau of investigation rap back program, local boards of education, charter schools, and any child care programs, as defined in § 49-1-1102 , shall conduct state and national criminal history record checks on the personnel identified in subsection (a) and shall participate in the rap back program to determine suitability or fitness for employment. Local boards of education, charter schools, and child care programs shall notify applicants and employees who are subject to a criminal history record check pursuant to this section that the Tennessee bureau of investigation may charge a reasonable fee for the criminal history record checks performed and that applicant and employee fingerprints will be retained by the Tennessee bureau of investigation and the federal bureau of investigation for all purposes and uses authorized for fingerprint submissions. The criminal history record check shall include the submission of fingerprints to: (1) The federal bureau of investigation for a national criminal history record check; and (2) The Tennessee bureau of investigation for a state criminal history record check that shall include nonconviction data.
(1) The federal bureau of investigation for a national criminal history record check; and
(2) The Tennessee bureau of investigation for a state criminal history record check that shall include nonconviction data.
(g) Each local board of education and each governing body of a charter school shall adopt a policy governing background check procedures for contract workers and volunteers. Upon Tennessee's acceptance into the federal bureau of investigation rap back program, local boards of education, charter schools, and any child care program, as defined in § 49-1-1102 , may require state and national criminal history record checks to be conducted on contract workers and school volunteers, and may participate in the rap back program, for the purpose of determining suitability or fitness for contract workers and volunteers to work with children or to be on school grounds when children are present.
Amended by 2023 Tenn. Acts, ch. 222, s 4, eff. 4/25/2023.
Amended by 2023 Tenn. Acts, ch. 222, s 3, eff. 4/25/2023.
Amended by 2023 Tenn. Acts, ch. 222, s 2, eff. 4/25/2023.
Amended by 2023 Tenn. Acts, ch. 222, s 1, eff. 4/25/2023.
Amended by 2021 Tenn. Acts, ch. 545, s 17, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 417, s 2, eff. 5/12/2021.
Amended by 2018 Tenn. Acts, ch. 1006, s 2, eff. 7/1/2018.
Amended by 2018 Tenn. Acts, ch. 1006, s 1, eff. 7/1/2018.
Amended by 2016 Tenn. Acts, ch. 710, s 1, eff. 4/6/2016.
Amended by 2014 Tenn. Acts, ch. 844, s 1, eff. 4/29/2014.
Amended by 2013 Tenn. Acts, ch. 381, s 2, eff. 5/14/2013.
Amended by 2013 Tenn. Acts, ch. 177, s 1, eff. 4/23/2013.
Acts 1993, ch. 350, § 1; 1996, ch. 843, §§ 2, 3; 1999, ch. 480, §§ 1, 2; 2000, ch. 903, § 3; 2000, ch. 981, § 50; 2007 , ch. 587, § 1; 2008 , ch. 1080, §§ 1 - 5.
Tenn. Code Ann. § 49-4-702 — TN Code / Title 49 / Chapter 4 / Section 49-4-702
Loan-scholarship program for graduate nursing students
Status: in_force

(a) The Tennessee student assistance corporation (TSAC) shall administer a loan-scholarship program for graduate students in professional nursing under the following terms and conditions: (1) Any resident of this state who becomes a candidate for a master's degree in nursing, or any resident with a master's degree in nursing who becomes a candidate for a doctoral degree program in nursing or a related field that would qualify the person to become a teacher, administrator or supervisor in nursing, shall be eligible to apply to TSAC for a loan-scholarship in an amount established by TSAC, not to exceed the cost of attendance for an academic year to attend an approved graduate school of nursing or an approved doctoral program in nursing or a related field. The loan-scholarship may be received for a maximum of four (4) years. Preference in awarding loan-scholarships shall be given to persons who can enter faculty or administrative positions in this state immediately upon completion of their master's or post-master's degree program; (2) Students who teach full-time in a nursing school in this state who have been approved by the state board of nursing, must receive forgiveness of the loan balance based on one (1) year's teaching service for each year the scholarship was awarded, or proportionate credit for part-time teaching service, as defined by rules; and (3) All loan-scholarships shall be evidenced by notes payable to TSAC, which shall bear interest at an annual rate of interest to be determined by TSAC from and after the completion of the educational program. The notes shall be executed pursuant to the rules and regulations of TSAC. If the recipient does not remain in, or return to, this state to teach or practice, the person shall be required to repay the full value of loan-scholarship funds received at an annual rate of interest to be determined by TSAC from the date of completion of the educational program. The permanent withdrawal or dismissal of any recipient, or the failure of any recipient to do college work in a manner acceptable to TSAC, shall immediately forfeit the recipient's right to retain the loan-scholarship. Any loan made under this section shall be cancelled by the death or the permanent and total disability of the recipient. (b) TSAC, in conjunction with the Tennessee board of nursing, is authorized to promulgate rules and regulations for the management of the program and the selection of recipients, taking into consideration such factors as academic record of the applicant and shortage areas in the nursing force in this state. (c) TSAC may receive contributions from outside sources for funding the loan-scholarship program under conditions prescribed by TSAC, with the understanding that the funds will be used solely for awards under this section and unused funds shall not revert to the general fund, but shall be carried forward for future student awards. (d) Funding from the state shall not revert to the general fund but shall be carried forward to the next fiscal year for future student awards. (e) This program shall be available for participants beginning July 1, 2006, after rules have been promulgated. TSAC is authorized to use emergency rulemaking in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The availability of scholarships shall be subject to the appropriation of funds in each year's general appropriations act. Amended by 2022 Tenn. Acts, ch. 1107, s 4, eff. 7/1/2022. Acts 1974, ch. 620, § 5; T.C.A., §§ 49-5005, 49-50-105; Acts 2004, ch. 606, §§ 1, 2; 2006, ch. 882, § 1; 2009 , ch. 566, § 12.
(a) The Tennessee student assistance corporation (TSAC) shall administer a loan-scholarship program for graduate students in professional nursing under the following terms and conditions: (1) Any resident of this state who becomes a candidate for a master's degree in nursing, or any resident with a master's degree in nursing who becomes a candidate for a doctoral degree program in nursing or a related field that would qualify the person to become a teacher, administrator or supervisor in nursing, shall be eligible to apply to TSAC for a loan-scholarship in an amount established by TSAC, not to exceed the cost of attendance for an academic year to attend an approved graduate school of nursing or an approved doctoral program in nursing or a related field. The loan-scholarship may be received for a maximum of four (4) years. Preference in awarding loan-scholarships shall be given to persons who can enter faculty or administrative positions in this state immediately upon completion of their master's or post-master's degree program; (2) Students who teach full-time in a nursing school in this state who have been approved by the state board of nursing, must receive forgiveness of the loan balance based on one (1) year's teaching service for each year the scholarship was awarded, or proportionate credit for part-time teaching service, as defined by rules; and (3) All loan-scholarships shall be evidenced by notes payable to TSAC, which shall bear interest at an annual rate of interest to be determined by TSAC from and after the completion of the educational program. The notes shall be executed pursuant to the rules and regulations of TSAC. If the recipient does not remain in, or return to, this state to teach or practice, the person shall be required to repay the full value of loan-scholarship funds received at an annual rate of interest to be determined by TSAC from the date of completion of the educational program. The permanent withdrawal or dismissal of any recipient, or the failure of any recipient to do college work in a manner acceptable to TSAC, shall immediately forfeit the recipient's right to retain the loan-scholarship. Any loan made under this section shall be cancelled by the death or the permanent and total disability of the recipient.
(1) Any resident of this state who becomes a candidate for a master's degree in nursing, or any resident with a master's degree in nursing who becomes a candidate for a doctoral degree program in nursing or a related field that would qualify the person to become a teacher, administrator or supervisor in nursing, shall be eligible to apply to TSAC for a loan-scholarship in an amount established by TSAC, not to exceed the cost of attendance for an academic year to attend an approved graduate school of nursing or an approved doctoral program in nursing or a related field. The loan-scholarship may be received for a maximum of four (4) years. Preference in awarding loan-scholarships shall be given to persons who can enter faculty or administrative positions in this state immediately upon completion of their master's or post-master's degree program;
(2) Students who teach full-time in a nursing school in this state who have been approved by the state board of nursing, must receive forgiveness of the loan balance based on one (1) year's teaching service for each year the scholarship was awarded, or proportionate credit for part-time teaching service, as defined by rules; and
(3) All loan-scholarships shall be evidenced by notes payable to TSAC, which shall bear interest at an annual rate of interest to be determined by TSAC from and after the completion of the educational program. The notes shall be executed pursuant to the rules and regulations of TSAC. If the recipient does not remain in, or return to, this state to teach or practice, the person shall be required to repay the full value of loan-scholarship funds received at an annual rate of interest to be determined by TSAC from the date of completion of the educational program. The permanent withdrawal or dismissal of any recipient, or the failure of any recipient to do college work in a manner acceptable to TSAC, shall immediately forfeit the recipient's right to retain the loan-scholarship. Any loan made under this section shall be cancelled by the death or the permanent and total disability of the recipient.
(b) TSAC, in conjunction with the Tennessee board of nursing, is authorized to promulgate rules and regulations for the management of the program and the selection of recipients, taking into consideration such factors as academic record of the applicant and shortage areas in the nursing force in this state.
(c) TSAC may receive contributions from outside sources for funding the loan-scholarship program under conditions prescribed by TSAC, with the understanding that the funds will be used solely for awards under this section and unused funds shall not revert to the general fund, but shall be carried forward for future student awards.
(d) Funding from the state shall not revert to the general fund but shall be carried forward to the next fiscal year for future student awards.
(e) This program shall be available for participants beginning July 1, 2006, after rules have been promulgated. TSAC is authorized to use emergency rulemaking in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The availability of scholarships shall be subject to the appropriation of funds in each year's general appropriations act.
Amended by 2022 Tenn. Acts, ch. 1107, s 4, eff. 7/1/2022.
Acts 1974, ch. 620, § 5; T.C.A., §§ 49-5005, 49-50-105; Acts 2004, ch. 606, §§ 1, 2; 2006, ch. 882, § 1; 2009 , ch. 566, § 12.
Tenn. Code Ann. § 49-50-305 — TN Code / Title 49 / Chapter 50 / Section 49-50-305
[Repealed]
Status: repealed

Acts 1963, ch. 168, § 5; 1969, ch. 6, § 1; T.C.A., § 49-3805.
Tenn. Code Ann. § 49-11-411 — TN Code / Title 49 / Chapter 11 / Section 49-11-411
Partnership with LEA
Status: in_force

(a) By the 2023-2024 school year, each state college of applied technology shall establish partnerships with each LEA that is located in the county in which the main campus of the state college of applied technology is located to provide early post-secondary opportunities for students enrolled in a high school in the LEA. Early post-secondary opportunities may include, but are not limited to, dual enrollment, dual credit, a middle college program, or any combination thereof. Early post-secondary opportunities may be provided through traditional classroom instruction, online or virtual instruction, blended learning, or other educationally appropriate methods. (b) The general assembly encourages the board of regents to expand the presence of state colleges of applied technology in each county within this state to provide greater early post-secondary opportunities for students enrolled in a high school in an LEA, including offering non-credit training, courses, and programs, when practicable. Added by 2022 Tenn. Acts, ch. 884,s 1, eff. 4/14/2022.
(a) By the 2023-2024 school year, each state college of applied technology shall establish partnerships with each LEA that is located in the county in which the main campus of the state college of applied technology is located to provide early post-secondary opportunities for students enrolled in a high school in the LEA. Early post-secondary opportunities may include, but are not limited to, dual enrollment, dual credit, a middle college program, or any combination thereof. Early post-secondary opportunities may be provided through traditional classroom instruction, online or virtual instruction, blended learning, or other educationally appropriate methods.
(b) The general assembly encourages the board of regents to expand the presence of state colleges of applied technology in each county within this state to provide greater early post-secondary opportunities for students enrolled in a high school in an LEA, including offering non-credit training, courses, and programs, when practicable.
Added by 2022 Tenn. Acts, ch. 884,s 1, eff. 4/14/2022.
Tenn. Code Ann. § 49-6-301 — TN Code / Title 49 / Chapter 6 / Section 49-6-301
"Schools" defined
Status: in_force

(a) "Elementary schools" are schools serving any combination of kindergarten through grade six (K-6). For purposes of federal funding, "elementary schools" are schools serving any combination of pre-kindergarten through grade six (pre-K-6). (b) "Middle schools" are schools designed to serve grades five through eight (5-8) only, or any combination of grades five through eight (5-8). (c) "Elementary and secondary" and "elementary or secondary" include elementary, middle and high school grades. Amended by 2022 Tenn. Acts, ch. 795, s 1, eff. 4/8/2022. Acts 1978, ch. 502, § 1; T.C.A., § 49-1002; Acts 2003 , ch. 285, § 1; 2012 , ch. 551, §§ 1 - 3.
(a) "Elementary schools" are schools serving any combination of kindergarten through grade six (K-6). For purposes of federal funding, "elementary schools" are schools serving any combination of pre-kindergarten through grade six (pre-K-6).
(b) "Middle schools" are schools designed to serve grades five through eight (5-8) only, or any combination of grades five through eight (5-8).
(c) "Elementary and secondary" and "elementary or secondary" include elementary, middle and high school grades.
Amended by 2022 Tenn. Acts, ch. 795, s 1, eff. 4/8/2022.
Acts 1978, ch. 502, § 1; T.C.A., § 49-1002; Acts 2003 , ch. 285, § 1; 2012 , ch. 551, §§ 1 - 3.
Tenn. Code Ann. § 49-6-705 — TN Code / Title 49 / Chapter 6 / Section 49-6-705
Pilot after school programs
Status: in_force

(a) As used in this section, unless the context otherwise requires: (1) "ACT" means the ACT assessment administered by ACT; (2) "EXPLORE" means the EXPLORE assessment for students in the eighth and ninth grades administered by the ACT; (3) "PLAN" means the PLAN assessment for students in the tenth grade administered by the ACT; (4) "PSAT/NMSQT" means the Preliminary SAT/National Merit Scholarship Qualifying Test administered by the College Board and National Merit Scholarship Corporation; and (5) "SAT" means the Scholastic Aptitude Test administered by the College Board. (b) (1) The department of education shall establish, administer and monitor a system of competitive grants for eligible organizations providing pilot after school educational programs consistent with the Constitution of Tennessee, Article XI, § 5. (2) The grants shall be available in any fiscal year in which funds are available in the LEAP grant fund for such grants. (3) The grants shall supplement, not supplant, nonlottery educational resources for after school educational programs and purposes. (c) (1) The purpose of the pilot after school educational programs shall be to increase performance for at-risk students on the ACT or SAT examinations, in order to expand the number of students in the at-risk population eligible for lottery scholarships and to increase the abilities of students to excel in postsecondary education. The programs shall serve at-risk students in grades seven through nine (7-9). The programs shall prepare students to take the EXPLORE and PLAN ACT preparatory examinations or the PSAT/NMSQT preparatory examination and eventually to take the ACT or SAT examinations. (2) Six (6) pilot after school educational programs shall be established with two (2) programs in each grand division of the state. One (1) program in each grand division shall be in a rural area. The other program in each grand division shall be in an urban area. Each pilot program shall serve no more than sixty (60) students. (d) (1) In accordance with rules and regulations promulgated by the state board of education and on the recommendation of the commissioner of education, grants shall be awarded to public schools, public charter schools or public and not-for-profit organizations that propose to provide pilot after school educational programs. A pilot after school educational program grant shall be awarded for a period of three (3) years with moneys for the grant earmarked in the LEAP grant fund and disbursed annually during the life of the grant according to the terms of the grant in accordance with the method of administration of the grant program adopted by the department of education pursuant to § 49-6-701(d)(2) . (2) An organization shall be eligible if the organization proposes to operate a program that provides: (A) Academic tutoring and skills development in subjects covered by EXPLORE, PLAN, and ACT examinations or PSAT/NMSQT and SAT examinations; and (B) Test taking skills and strategies. (e) The state board of education, on the recommendation of the commissioner of education, is authorized to promulgate rules and regulations to effectuate this part. All rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Amended by 2019 Tenn. Acts, ch. 345, s 97, eff. 5/10/2019. Amended by 2019 Tenn. Acts, ch. 248, s 57, eff. 5/2/2019. Amended by 2015 Tenn. Acts, ch. 182, s 42, eff. 4/17/2015. Acts 2006, ch. 685, §§ 1 - 6; 2008 , ch. 1175, §§ 2, 3; 2010 , ch. 1081, § 1.
(a) As used in this section, unless the context otherwise requires: (1) "ACT" means the ACT assessment administered by ACT; (2) "EXPLORE" means the EXPLORE assessment for students in the eighth and ninth grades administered by the ACT; (3) "PLAN" means the PLAN assessment for students in the tenth grade administered by the ACT; (4) "PSAT/NMSQT" means the Preliminary SAT/National Merit Scholarship Qualifying Test administered by the College Board and National Merit Scholarship Corporation; and (5) "SAT" means the Scholastic Aptitude Test administered by the College Board.
(1) "ACT" means the ACT assessment administered by ACT;
(2) "EXPLORE" means the EXPLORE assessment for students in the eighth and ninth grades administered by the ACT;
(3) "PLAN" means the PLAN assessment for students in the tenth grade administered by the ACT;
(4) "PSAT/NMSQT" means the Preliminary SAT/National Merit Scholarship Qualifying Test administered by the College Board and National Merit Scholarship Corporation; and
(5) "SAT" means the Scholastic Aptitude Test administered by the College Board.
(b) (1) The department of education shall establish, administer and monitor a system of competitive grants for eligible organizations providing pilot after school educational programs consistent with the Constitution of Tennessee, Article XI, § 5. (2) The grants shall be available in any fiscal year in which funds are available in the LEAP grant fund for such grants. (3) The grants shall supplement, not supplant, nonlottery educational resources for after school educational programs and purposes.
(1) The department of education shall establish, administer and monitor a system of competitive grants for eligible organizations providing pilot after school educational programs consistent with the Constitution of Tennessee, Article XI, § 5.
(2) The grants shall be available in any fiscal year in which funds are available in the LEAP grant fund for such grants.
(3) The grants shall supplement, not supplant, nonlottery educational resources for after school educational programs and purposes.
(c) (1) The purpose of the pilot after school educational programs shall be to increase performance for at-risk students on the ACT or SAT examinations, in order to expand the number of students in the at-risk population eligible for lottery scholarships and to increase the abilities of students to excel in postsecondary education. The programs shall serve at-risk students in grades seven through nine (7-9). The programs shall prepare students to take the EXPLORE and PLAN ACT preparatory examinations or the PSAT/NMSQT preparatory examination and eventually to take the ACT or SAT examinations. (2) Six (6) pilot after school educational programs shall be established with two (2) programs in each grand division of the state. One (1) program in each grand division shall be in a rural area. The other program in each grand division shall be in an urban area. Each pilot program shall serve no more than sixty (60) students.
(1) The purpose of the pilot after school educational programs shall be to increase performance for at-risk students on the ACT or SAT examinations, in order to expand the number of students in the at-risk population eligible for lottery scholarships and to increase the abilities of students to excel in postsecondary education. The programs shall serve at-risk students in grades seven through nine (7-9). The programs shall prepare students to take the EXPLORE and PLAN ACT preparatory examinations or the PSAT/NMSQT preparatory examination and eventually to take the ACT or SAT examinations.
(2) Six (6) pilot after school educational programs shall be established with two (2) programs in each grand division of the state. One (1) program in each grand division shall be in a rural area. The other program in each grand division shall be in an urban area. Each pilot program shall serve no more than sixty (60) students.
(d) (1) In accordance with rules and regulations promulgated by the state board of education and on the recommendation of the commissioner of education, grants shall be awarded to public schools, public charter schools or public and not-for-profit organizations that propose to provide pilot after school educational programs. A pilot after school educational program grant shall be awarded for a period of three (3) years with moneys for the grant earmarked in the LEAP grant fund and disbursed annually during the life of the grant according to the terms of the grant in accordance with the method of administration of the grant program adopted by the department of education pursuant to § 49-6-701(d)(2) . (2) An organization shall be eligible if the organization proposes to operate a program that provides: (A) Academic tutoring and skills development in subjects covered by EXPLORE, PLAN, and ACT examinations or PSAT/NMSQT and SAT examinations; and (B) Test taking skills and strategies.
(1) In accordance with rules and regulations promulgated by the state board of education and on the recommendation of the commissioner of education, grants shall be awarded to public schools, public charter schools or public and not-for-profit organizations that propose to provide pilot after school educational programs. A pilot after school educational program grant shall be awarded for a period of three (3) years with moneys for the grant earmarked in the LEAP grant fund and disbursed annually during the life of the grant according to the terms of the grant in accordance with the method of administration of the grant program adopted by the department of education pursuant to § 49-6-701(d)(2) .
(2) An organization shall be eligible if the organization proposes to operate a program that provides: (A) Academic tutoring and skills development in subjects covered by EXPLORE, PLAN, and ACT examinations or PSAT/NMSQT and SAT examinations; and (B) Test taking skills and strategies.
(A) Academic tutoring and skills development in subjects covered by EXPLORE, PLAN, and ACT examinations or PSAT/NMSQT and SAT examinations; and
(B) Test taking skills and strategies.
(e) The state board of education, on the recommendation of the commissioner of education, is authorized to promulgate rules and regulations to effectuate this part. All rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Amended by 2019 Tenn. Acts, ch. 345, s 97, eff. 5/10/2019.
Amended by 2019 Tenn. Acts, ch. 248, s 57, eff. 5/2/2019.
Amended by 2015 Tenn. Acts, ch. 182, s 42, eff. 4/17/2015.
Acts 2006, ch. 685, §§ 1 - 6; 2008 , ch. 1175, §§ 2, 3; 2010 , ch. 1081, § 1.
Tenn. Code Ann. § 49-6-2602 — TN Code / Title 49 / Chapter 6 / Section 49-6-2602
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Department" means the department of education; (2) "Eligible postsecondary institution" means: (A) An institution operated by: (i) The board of trustees of the University of Tennessee; (ii) The board of regents of the state university and community college system; or (iii) A local governing board of trustees of a state university in this state; or (B) A private postsecondary institution accredited by an accrediting organization approved by the state board of education; (3) "Eligible student" means a resident of this state who: (A) (i) Was previously enrolled in and attended a Tennessee public school for the one (1) full school year immediately preceding the school year for which the student receives an education savings account; (ii) Is eligible for the first time to enroll in a Tennessee school; (iii) Received an education savings account in the previous school year; (iv) Was enrolled in and attended a Tennessee public school for one (1) full school year in the 2019-2020, 2020-2021, or 2021-2022 school year; or (v) Was eligible for the first time to enroll in a Tennessee public school in the 2019-2020, 2020-2021, or 2021-2022 school year; (B) Is a student in any of the grades kindergarten through twelve (K-12); (C) (i) Is zoned to attend a school in an LEA, excluding the achievement school district (ASD), with five (5) or more schools: (a) Identified as priority schools in 2015, as defined by the state's accountability system pursuant to § 49-1-602 ; (b) Among the bottom ten percent (10%) of schools, as identified by the department in 2017 in accordance with § 49-1-602(b)(3) ; (c) Identified as priority schools in 2018, as defined by the state's accountability system pursuant to § 49-1-602 ; and (d) Identified as priority schools in 2021, as defined by the state's accountability system pursuant to § 49-1-602 ; or (ii) Is zoned to attend a school that is in the ASD on May 24, 2019; and (D) Is a member of a household with an annual income for the previous year that does not exceed twice the federal income eligibility guidelines for free lunch; (4) "ESA" means an education savings account created by this part; (5) "High school" means a school in which any combination of grades nine through twelve (9-12) are taught; provided, that the school must include grade twelve (12); (6) "Legacy student" means a participating student who: (A) (i) Graduates from high school; or (ii) Exits the program by reaching twenty-two (22) years of age; (B) Has funds remaining in the student's education savings account; and (C) Has an open education savings account; (7) "Local education agency" or "LEA" has the same meaning as defined in § 49-1-103 ; (8) "Parent" means the parent, guardian, person who has custody of the child, or individual who has caregiving authority under § 49-6-3001 ; (9) "Participating school" means a private school, as defined by § 49-6-3001(c)(3)(A)(iii) , that meets the requirements established by the department of education and the state board of education for a Category I, II, or III private school, and that seeks to enroll eligible students; (10) "Participating student" means: (A) An eligible student who is seventeen (17) years of age or younger and whose parent is participating in the education savings account program; or (B) An eligible student who has reached the age of eighteen (18) and who is participating in the education savings account program; (11) "Program" means the education savings account program created in this part; (12) "Provider" means an individual or business that provides educational services in accordance with this part and that meets the requirements established by the department of education and the state board of education; and (13) "State board" means the state board of education. Amended by 2023 Tenn. Acts, ch. 328, s 1, eff. 5/5/2023. Amended by 2023 Tenn. Acts, ch. 171, s 1, eff. 4/17/2023. Added by 2019 Tenn. Acts, ch. 506, s 1, eff. 5/24/2019.
As used in this part, unless the context otherwise requires:
(1) "Department" means the department of education;
(2) "Eligible postsecondary institution" means: (A) An institution operated by: (i) The board of trustees of the University of Tennessee; (ii) The board of regents of the state university and community college system; or (iii) A local governing board of trustees of a state university in this state; or (B) A private postsecondary institution accredited by an accrediting organization approved by the state board of education;
(A) An institution operated by: (i) The board of trustees of the University of Tennessee; (ii) The board of regents of the state university and community college system; or (iii) A local governing board of trustees of a state university in this state; or
(i) The board of trustees of the University of Tennessee;
(ii) The board of regents of the state university and community college system; or
(iii) A local governing board of trustees of a state university in this state; or
(B) A private postsecondary institution accredited by an accrediting organization approved by the state board of education;
(3) "Eligible student" means a resident of this state who: (A) (i) Was previously enrolled in and attended a Tennessee public school for the one (1) full school year immediately preceding the school year for which the student receives an education savings account; (ii) Is eligible for the first time to enroll in a Tennessee school; (iii) Received an education savings account in the previous school year; (iv) Was enrolled in and attended a Tennessee public school for one (1) full school year in the 2019-2020, 2020-2021, or 2021-2022 school year; or (v) Was eligible for the first time to enroll in a Tennessee public school in the 2019-2020, 2020-2021, or 2021-2022 school year; (B) Is a student in any of the grades kindergarten through twelve (K-12); (C) (i) Is zoned to attend a school in an LEA, excluding the achievement school district (ASD), with five (5) or more schools: (a) Identified as priority schools in 2015, as defined by the state's accountability system pursuant to § 49-1-602 ; (b) Among the bottom ten percent (10%) of schools, as identified by the department in 2017 in accordance with § 49-1-602(b)(3) ; (c) Identified as priority schools in 2018, as defined by the state's accountability system pursuant to § 49-1-602 ; and (d) Identified as priority schools in 2021, as defined by the state's accountability system pursuant to § 49-1-602 ; or (ii) Is zoned to attend a school that is in the ASD on May 24, 2019; and (D) Is a member of a household with an annual income for the previous year that does not exceed twice the federal income eligibility guidelines for free lunch;
(A) (i) Was previously enrolled in and attended a Tennessee public school for the one (1) full school year immediately preceding the school year for which the student receives an education savings account; (ii) Is eligible for the first time to enroll in a Tennessee school; (iii) Received an education savings account in the previous school year; (iv) Was enrolled in and attended a Tennessee public school for one (1) full school year in the 2019-2020, 2020-2021, or 2021-2022 school year; or (v) Was eligible for the first time to enroll in a Tennessee public school in the 2019-2020, 2020-2021, or 2021-2022 school year;
(i) Was previously enrolled in and attended a Tennessee public school for the one (1) full school year immediately preceding the school year for which the student receives an education savings account;
(ii) Is eligible for the first time to enroll in a Tennessee school;
(iii) Received an education savings account in the previous school year;
(iv) Was enrolled in and attended a Tennessee public school for one (1) full school year in the 2019-2020, 2020-2021, or 2021-2022 school year; or
(v) Was eligible for the first time to enroll in a Tennessee public school in the 2019-2020, 2020-2021, or 2021-2022 school year;
(B) Is a student in any of the grades kindergarten through twelve (K-12);
(C) (i) Is zoned to attend a school in an LEA, excluding the achievement school district (ASD), with five (5) or more schools: (a) Identified as priority schools in 2015, as defined by the state's accountability system pursuant to § 49-1-602 ; (b) Among the bottom ten percent (10%) of schools, as identified by the department in 2017 in accordance with § 49-1-602(b)(3) ; (c) Identified as priority schools in 2018, as defined by the state's accountability system pursuant to § 49-1-602 ; and (d) Identified as priority schools in 2021, as defined by the state's accountability system pursuant to § 49-1-602 ; or (ii) Is zoned to attend a school that is in the ASD on May 24, 2019; and
(i) Is zoned to attend a school in an LEA, excluding the achievement school district (ASD), with five (5) or more schools: (a) Identified as priority schools in 2015, as defined by the state's accountability system pursuant to § 49-1-602 ; (b) Among the bottom ten percent (10%) of schools, as identified by the department in 2017 in accordance with § 49-1-602(b)(3) ; (c) Identified as priority schools in 2018, as defined by the state's accountability system pursuant to § 49-1-602 ; and (d) Identified as priority schools in 2021, as defined by the state's accountability system pursuant to § 49-1-602 ; or
(a) Identified as priority schools in 2015, as defined by the state's accountability system pursuant to § 49-1-602 ;
(b) Among the bottom ten percent (10%) of schools, as identified by the department in 2017 in accordance with § 49-1-602(b)(3) ;
(c) Identified as priority schools in 2018, as defined by the state's accountability system pursuant to § 49-1-602 ; and
(d) Identified as priority schools in 2021, as defined by the state's accountability system pursuant to § 49-1-602 ; or
(ii) Is zoned to attend a school that is in the ASD on May 24, 2019; and
(D) Is a member of a household with an annual income for the previous year that does not exceed twice the federal income eligibility guidelines for free lunch;
(4) "ESA" means an education savings account created by this part;
(5) "High school" means a school in which any combination of grades nine through twelve (9-12) are taught; provided, that the school must include grade twelve (12);
(6) "Legacy student" means a participating student who: (A) (i) Graduates from high school; or (ii) Exits the program by reaching twenty-two (22) years of age; (B) Has funds remaining in the student's education savings account; and (C) Has an open education savings account;
(A) (i) Graduates from high school; or (ii) Exits the program by reaching twenty-two (22) years of age;
(i) Graduates from high school; or
(ii) Exits the program by reaching twenty-two (22) years of age;
(B) Has funds remaining in the student's education savings account; and
(C) Has an open education savings account;
(7) "Local education agency" or "LEA" has the same meaning as defined in § 49-1-103 ;
(8) "Parent" means the parent, guardian, person who has custody of the child, or individual who has caregiving authority under § 49-6-3001 ;
(9) "Participating school" means a private school, as defined by § 49-6-3001(c)(3)(A)(iii) , that meets the requirements established by the department of education and the state board of education for a Category I, II, or III private school, and that seeks to enroll eligible students;
(10) "Participating student" means: (A) An eligible student who is seventeen (17) years of age or younger and whose parent is participating in the education savings account program; or (B) An eligible student who has reached the age of eighteen (18) and who is participating in the education savings account program;
(A) An eligible student who is seventeen (17) years of age or younger and whose parent is participating in the education savings account program; or
(B) An eligible student who has reached the age of eighteen (18) and who is participating in the education savings account program;
(11) "Program" means the education savings account program created in this part;
(12) "Provider" means an individual or business that provides educational services in accordance with this part and that meets the requirements established by the department of education and the state board of education; and
(13) "State board" means the state board of education.
Amended by 2023 Tenn. Acts, ch. 328, s 1, eff. 5/5/2023.
Amended by 2023 Tenn. Acts, ch. 171, s 1, eff. 4/17/2023.
Added by 2019 Tenn. Acts, ch. 506, s 1, eff. 5/24/2019.
Tenn. Code Ann. § 49-2-1201 — TN Code / Title 49 / Chapter 2 / Section 49-2-1201
Planning commission
Status: in_force

(a) (1) In all counties of this state wherein separate school systems are maintained by the county and by one (1) or more incorporated municipalities or one (1) or more special school districts, there may be created and established a unification educational planning commission, sometimes called the "planning commission" in this part. (2) It is the duty of the planning commission to study and consider the need for and problems in conjunction with the consolidation of all public schools within the county into a unified school system, and to make and file a written report as provided in this section. If the report recommends consolidation, it may be accompanied by a proposed plan of consolidation, as provided in this section. (b) (1) The county mayor, the mayor of each municipality operating a school system and the chair of the board of education of each special school district may each appoint five (5) competent citizens as members of the planning commission. (2) The names of all appointees, other than those made by the county mayor, shall be certified to the county mayor by the appointing authority. (3) The county mayor shall furnish the commissioner of education with a certified list of all members of the planning commission promptly after all appointments have been made; or, if the appointments are incomplete, the county mayor shall furnish to the commissioner, within one (1) year from the date on which the first member of the planning commission was appointed, a certified list of all members who have been appointed to the planning commission. (4) The certified list, whether complete or incomplete, together with the appointing officials, who shall be ex officio voting members, shall constitute the planning commission, subject to the right of the appointing authority thereafter to fill any vacancies not originally filled or that may subsequently occur. (c) (1) Within thirty (30) days after the planning commission has been constituted, its members shall hold an organizational meeting at a time and place fixed by the county mayor, with notice of the organizational meeting to all members. (2) The planning commission shall elect a chair, a secretary and other officers as it deems necessary. (3) Future meetings of the planning commission shall be held at times and places it may determine, with special or additional meetings to be held upon call of its chair. (d) (1) Members of the planning commission shall not receive per diem or other compensation for their services but shall be reimbursed for necessary expenses incurred by them. (2) The expenses and other necessary expenses of the planning commission shall be paid from funds appropriated for those expenses by the county, together with other funds made available by municipalities and school districts. (e) (1) The planning commission shall make or cause to be made a complete and comprehensive study of the needs for, issues in and problems of consolidation of the various school systems operating within the boundaries of the county. (2) The study shall be completed and a written report made and filed with the commissioner within one (1) year after the first meeting of the commission, except as otherwise provided in this section. (3) Where any study of consolidating school systems in a particular county has been made within five (5) years prior to the organizational meeting of a planning commission, and the planning commission determines that the study is sufficiently complete and comprehensive, the study may, in the discretion of the planning commission, be used as the study contemplated in this subdivision (e), as part of its written report and as the basis for its plan for consolidation, if any, as provided for in this part. (f) (1) The planning commission shall be authorized, but not required, to prepare a plan for the consolidation of such school systems. (2) The plan as agreed upon by a majority of the planning commission, or a report on its studies and findings, if no plan is prepared, shall be submitted to the department of education for appraisal. (3) Recommendations that the department, through its commissioner, sees fit to make shall be received and considered by the planning commission and the plan of consolidation, if any, may be revised in the light of the recommendations. (g) (1) In the event that the planning commission determines that it cannot complete an adequate study or report, or both, within one (1) year, it may, upon written request addressed to the commissioner, be permitted such additional time, not to exceed one (1) year, as in the commissioner's judgment the circumstances warrant. (2) In the event the planning commission fails or refuses to make its report within the time specified, including any extension of time granted to it, then the planning commission may be terminated and discharged by notice to it from any original appointing authority; and after such notice, a new planning commission may be appointed to proceed with the study and make recommendations accordingly. (h) (1) Before presentation of any proposed plan of consolidation or report to the department, the planning commission shall hold at least one (1) public hearing duly advertised at least one (1) week prior to the hearing in a newspaper of general circulation throughout the county. (2) At any public hearing so conducted by the planning commission, minutes of the proceedings shall be recorded and preserved and a copy filed with the commissioner. (i) In developing any consolidation plan, the planning commission shall consider and provide for the following: (1) Administrative organization of the proposed consolidated system; (2) A method to ensure no diminution in the level of the educational service in the schools in any of the systems involved; (3) Appropriate means for the transfer of assets and liabilities of municipal and special school district systems; (4) Plans for disposition of existing bonded indebtedness that shall not impair the rights of any bondholder; (5) Plans for preserving the existing pension rights of all teachers and nonteaching personnel in the respective systems; (6) Plans for preserving the existing tenure rights, sick leave rights and salary schedule rights of all teachers and nonteaching personnel in the respective systems; (7) Appropriate plans for contributions by municipalities or special school districts to the county for the operation of a unified system of schools during the period of transition following unification, which period shall not exceed three (3) years; (8) Appropriate plans for reapportionment after each federal decennial census of districts for election of members of the school board; and (9) Any other matters deemed by the planning commission to be pertinent. Acts 1963, ch. 246, §§ 1-5; 1965, ch. 73, § 1; T.C.A., §§ 49-415 -- 49-419; Acts 2003, ch. 90, § 2.
(a) (1) In all counties of this state wherein separate school systems are maintained by the county and by one (1) or more incorporated municipalities or one (1) or more special school districts, there may be created and established a unification educational planning commission, sometimes called the "planning commission" in this part. (2) It is the duty of the planning commission to study and consider the need for and problems in conjunction with the consolidation of all public schools within the county into a unified school system, and to make and file a written report as provided in this section. If the report recommends consolidation, it may be accompanied by a proposed plan of consolidation, as provided in this section.
(1) In all counties of this state wherein separate school systems are maintained by the county and by one (1) or more incorporated municipalities or one (1) or more special school districts, there may be created and established a unification educational planning commission, sometimes called the "planning commission" in this part.
(2) It is the duty of the planning commission to study and consider the need for and problems in conjunction with the consolidation of all public schools within the county into a unified school system, and to make and file a written report as provided in this section. If the report recommends consolidation, it may be accompanied by a proposed plan of consolidation, as provided in this section.
(b) (1) The county mayor, the mayor of each municipality operating a school system and the chair of the board of education of each special school district may each appoint five (5) competent citizens as members of the planning commission. (2) The names of all appointees, other than those made by the county mayor, shall be certified to the county mayor by the appointing authority. (3) The county mayor shall furnish the commissioner of education with a certified list of all members of the planning commission promptly after all appointments have been made; or, if the appointments are incomplete, the county mayor shall furnish to the commissioner, within one (1) year from the date on which the first member of the planning commission was appointed, a certified list of all members who have been appointed to the planning commission. (4) The certified list, whether complete or incomplete, together with the appointing officials, who shall be ex officio voting members, shall constitute the planning commission, subject to the right of the appointing authority thereafter to fill any vacancies not originally filled or that may subsequently occur.
(1) The county mayor, the mayor of each municipality operating a school system and the chair of the board of education of each special school district may each appoint five (5) competent citizens as members of the planning commission.
(2) The names of all appointees, other than those made by the county mayor, shall be certified to the county mayor by the appointing authority.
(3) The county mayor shall furnish the commissioner of education with a certified list of all members of the planning commission promptly after all appointments have been made; or, if the appointments are incomplete, the county mayor shall furnish to the commissioner, within one (1) year from the date on which the first member of the planning commission was appointed, a certified list of all members who have been appointed to the planning commission.
(4) The certified list, whether complete or incomplete, together with the appointing officials, who shall be ex officio voting members, shall constitute the planning commission, subject to the right of the appointing authority thereafter to fill any vacancies not originally filled or that may subsequently occur.
(c) (1) Within thirty (30) days after the planning commission has been constituted, its members shall hold an organizational meeting at a time and place fixed by the county mayor, with notice of the organizational meeting to all members. (2) The planning commission shall elect a chair, a secretary and other officers as it deems necessary. (3) Future meetings of the planning commission shall be held at times and places it may determine, with special or additional meetings to be held upon call of its chair.
(1) Within thirty (30) days after the planning commission has been constituted, its members shall hold an organizational meeting at a time and place fixed by the county mayor, with notice of the organizational meeting to all members.
(2) The planning commission shall elect a chair, a secretary and other officers as it deems necessary.
(3) Future meetings of the planning commission shall be held at times and places it may determine, with special or additional meetings to be held upon call of its chair.
(d) (1) Members of the planning commission shall not receive per diem or other compensation for their services but shall be reimbursed for necessary expenses incurred by them. (2) The expenses and other necessary expenses of the planning commission shall be paid from funds appropriated for those expenses by the county, together with other funds made available by municipalities and school districts.
(1) Members of the planning commission shall not receive per diem or other compensation for their services but shall be reimbursed for necessary expenses incurred by them.
(2) The expenses and other necessary expenses of the planning commission shall be paid from funds appropriated for those expenses by the county, together with other funds made available by municipalities and school districts.
(e) (1) The planning commission shall make or cause to be made a complete and comprehensive study of the needs for, issues in and problems of consolidation of the various school systems operating within the boundaries of the county. (2) The study shall be completed and a written report made and filed with the commissioner within one (1) year after the first meeting of the commission, except as otherwise provided in this section. (3) Where any study of consolidating school systems in a particular county has been made within five (5) years prior to the organizational meeting of a planning commission, and the planning commission determines that the study is sufficiently complete and comprehensive, the study may, in the discretion of the planning commission, be used as the study contemplated in this subdivision (e), as part of its written report and as the basis for its plan for consolidation, if any, as provided for in this part.
(1) The planning commission shall make or cause to be made a complete and comprehensive study of the needs for, issues in and problems of consolidation of the various school systems operating within the boundaries of the county.
(2) The study shall be completed and a written report made and filed with the commissioner within one (1) year after the first meeting of the commission, except as otherwise provided in this section.
(3) Where any study of consolidating school systems in a particular county has been made within five (5) years prior to the organizational meeting of a planning commission, and the planning commission determines that the study is sufficiently complete and comprehensive, the study may, in the discretion of the planning commission, be used as the study contemplated in this subdivision (e), as part of its written report and as the basis for its plan for consolidation, if any, as provided for in this part.
(f) (1) The planning commission shall be authorized, but not required, to prepare a plan for the consolidation of such school systems. (2) The plan as agreed upon by a majority of the planning commission, or a report on its studies and findings, if no plan is prepared, shall be submitted to the department of education for appraisal. (3) Recommendations that the department, through its commissioner, sees fit to make shall be received and considered by the planning commission and the plan of consolidation, if any, may be revised in the light of the recommendations.
(1) The planning commission shall be authorized, but not required, to prepare a plan for the consolidation of such school systems.
(2) The plan as agreed upon by a majority of the planning commission, or a report on its studies and findings, if no plan is prepared, shall be submitted to the department of education for appraisal.
(3) Recommendations that the department, through its commissioner, sees fit to make shall be received and considered by the planning commission and the plan of consolidation, if any, may be revised in the light of the recommendations.
(g) (1) In the event that the planning commission determines that it cannot complete an adequate study or report, or both, within one (1) year, it may, upon written request addressed to the commissioner, be permitted such additional time, not to exceed one (1) year, as in the commissioner's judgment the circumstances warrant. (2) In the event the planning commission fails or refuses to make its report within the time specified, including any extension of time granted to it, then the planning commission may be terminated and discharged by notice to it from any original appointing authority; and after such notice, a new planning commission may be appointed to proceed with the study and make recommendations accordingly.
(1) In the event that the planning commission determines that it cannot complete an adequate study or report, or both, within one (1) year, it may, upon written request addressed to the commissioner, be permitted such additional time, not to exceed one (1) year, as in the commissioner's judgment the circumstances warrant.
(2) In the event the planning commission fails or refuses to make its report within the time specified, including any extension of time granted to it, then the planning commission may be terminated and discharged by notice to it from any original appointing authority; and after such notice, a new planning commission may be appointed to proceed with the study and make recommendations accordingly.
(h) (1) Before presentation of any proposed plan of consolidation or report to the department, the planning commission shall hold at least one (1) public hearing duly advertised at least one (1) week prior to the hearing in a newspaper of general circulation throughout the county. (2) At any public hearing so conducted by the planning commission, minutes of the proceedings shall be recorded and preserved and a copy filed with the commissioner.
(1) Before presentation of any proposed plan of consolidation or report to the department, the planning commission shall hold at least one (1) public hearing duly advertised at least one (1) week prior to the hearing in a newspaper of general circulation throughout the county.
(2) At any public hearing so conducted by the planning commission, minutes of the proceedings shall be recorded and preserved and a copy filed with the commissioner.
(i) In developing any consolidation plan, the planning commission shall consider and provide for the following: (1) Administrative organization of the proposed consolidated system; (2) A method to ensure no diminution in the level of the educational service in the schools in any of the systems involved; (3) Appropriate means for the transfer of assets and liabilities of municipal and special school district systems; (4) Plans for disposition of existing bonded indebtedness that shall not impair the rights of any bondholder; (5) Plans for preserving the existing pension rights of all teachers and nonteaching personnel in the respective systems; (6) Plans for preserving the existing tenure rights, sick leave rights and salary schedule rights of all teachers and nonteaching personnel in the respective systems; (7) Appropriate plans for contributions by municipalities or special school districts to the county for the operation of a unified system of schools during the period of transition following unification, which period shall not exceed three (3) years; (8) Appropriate plans for reapportionment after each federal decennial census of districts for election of members of the school board; and (9) Any other matters deemed by the planning commission to be pertinent.
(1) Administrative organization of the proposed consolidated system;
(2) A method to ensure no diminution in the level of the educational service in the schools in any of the systems involved;
(3) Appropriate means for the transfer of assets and liabilities of municipal and special school district systems;
(4) Plans for disposition of existing bonded indebtedness that shall not impair the rights of any bondholder;
(5) Plans for preserving the existing pension rights of all teachers and nonteaching personnel in the respective systems;
(6) Plans for preserving the existing tenure rights, sick leave rights and salary schedule rights of all teachers and nonteaching personnel in the respective systems;
(7) Appropriate plans for contributions by municipalities or special school districts to the county for the operation of a unified system of schools during the period of transition following unification, which period shall not exceed three (3) years;
(8) Appropriate plans for reapportionment after each federal decennial census of districts for election of members of the school board; and
(9) Any other matters deemed by the planning commission to be pertinent.
Acts 1963, ch. 246, §§ 1-5; 1965, ch. 73, § 1; T.C.A., §§ 49-415 -- 49-419; Acts 2003, ch. 90, § 2.
Tenn. Code Ann. § 49-6-410 — TN Code / Title 49 / Chapter 6 / Section 49-6-410
"Secondary education" defined - Secondary school
Status: in_force

(a) "Secondary education" means education normally available and required by state standards to be taught to children enrolled in grades seven through twelve (7-12). (b) A secondary school is a school that provides secondary education. Acts 2012, ch. 551, § 4.
(a) "Secondary education" means education normally available and required by state standards to be taught to children enrolled in grades seven through twelve (7-12).
(b) A secondary school is a school that provides secondary education.
Acts 2012, ch. 551, § 4.
Tenn. Code Ann. § 49-1-207 — TN Code / Title 49 / Chapter 1 / Section 49-1-207
Innovative educational programs
Status: in_force

(a) The commissioner of education may authorize up to twenty-four (24) school systems or any part thereof to operate as innovative educational programs that emphasize school-based decision making and the creation of small learning communities. Upon authorization of the local board of education, the director of schools on behalf of the school system or the principal on behalf of an individual public school may apply to the commissioner to operate the system or school in accordance with an alternative plan approved under this section by the commissioner. The principal may be authorized by the principal's performance contract to develop such a plan. Prior to application, the principal shall consult with the principal's faculty. Subject to the implementation and funding of the relevant federal program, additional individual schools that emphasize school-based decision making may be approved. (b) The schools and systems shall be distributed throughout the state and not concentrated in any grand division. The commissioner has the discretion to approve the entire alternative plan or any part of it. (c) (1) The commissioner, in the commissioner's discretion, is authorized to waive any rules and regulations necessary to accommodate the implementation of a local plan. In exercising such discretion, the commissioner shall consider whether the proposed waiver will improve the educational opportunities and performance of the subject students by the application of a nonconventional curriculum and operational methods in innovative school programs developed by the use of local initiative and decision making. (2) In these alternative programs, the commissioner may waive certain rules and regulations, including, but not limited to, regulations relative to reporting requirements and premium pay for educators, without giving rise to any contractual right to such pay. (3) The commissioner of education shall only be authorized to waive regulations relative to health and safety after consultation with either the commissioner of health or the state fire marshal, or both, as appropriate. The commissioner of health or the state fire marshal, as appropriate, must determine that the proposed waiver does not constitute a threat to the health and safety of students and staff and must notify the commissioner of education in writing of such determination. (d) No local plan approved by the commissioner of education shall reduce the level of state funding to an LEA under this title. (e) At any time before the end of an approved alternative plan, the school principal on behalf of the principal's school or the local board of education acting through the director of schools may elect to terminate the alternative program and to return to operation under all applicable rules and regulations. The principal or the director of schools shall provide thirty (30) days' notice to the commissioner of an intent to withdraw from the alternative program. (f) A local school board shall comply with the open meetings law, compiled in title 8, chapter 44, when it considers any alternative plan under this section. (g) A school operating an innovative education program in accordance with this section is not a charter school and cannot convert to a charter school after being authorized under this section to conduct an innovative education program. Acts 1990, ch. 648, § 1; 2004, ch. 832, §§ 5, 6, 7; 2011, ch. 378, § 7.
(a) The commissioner of education may authorize up to twenty-four (24) school systems or any part thereof to operate as innovative educational programs that emphasize school-based decision making and the creation of small learning communities. Upon authorization of the local board of education, the director of schools on behalf of the school system or the principal on behalf of an individual public school may apply to the commissioner to operate the system or school in accordance with an alternative plan approved under this section by the commissioner. The principal may be authorized by the principal's performance contract to develop such a plan. Prior to application, the principal shall consult with the principal's faculty. Subject to the implementation and funding of the relevant federal program, additional individual schools that emphasize school-based decision making may be approved.
(b) The schools and systems shall be distributed throughout the state and not concentrated in any grand division. The commissioner has the discretion to approve the entire alternative plan or any part of it.
(c) (1) The commissioner, in the commissioner's discretion, is authorized to waive any rules and regulations necessary to accommodate the implementation of a local plan. In exercising such discretion, the commissioner shall consider whether the proposed waiver will improve the educational opportunities and performance of the subject students by the application of a nonconventional curriculum and operational methods in innovative school programs developed by the use of local initiative and decision making. (2) In these alternative programs, the commissioner may waive certain rules and regulations, including, but not limited to, regulations relative to reporting requirements and premium pay for educators, without giving rise to any contractual right to such pay. (3) The commissioner of education shall only be authorized to waive regulations relative to health and safety after consultation with either the commissioner of health or the state fire marshal, or both, as appropriate. The commissioner of health or the state fire marshal, as appropriate, must determine that the proposed waiver does not constitute a threat to the health and safety of students and staff and must notify the commissioner of education in writing of such determination.
(1) The commissioner, in the commissioner's discretion, is authorized to waive any rules and regulations necessary to accommodate the implementation of a local plan. In exercising such discretion, the commissioner shall consider whether the proposed waiver will improve the educational opportunities and performance of the subject students by the application of a nonconventional curriculum and operational methods in innovative school programs developed by the use of local initiative and decision making.
(2) In these alternative programs, the commissioner may waive certain rules and regulations, including, but not limited to, regulations relative to reporting requirements and premium pay for educators, without giving rise to any contractual right to such pay.
(3) The commissioner of education shall only be authorized to waive regulations relative to health and safety after consultation with either the commissioner of health or the state fire marshal, or both, as appropriate. The commissioner of health or the state fire marshal, as appropriate, must determine that the proposed waiver does not constitute a threat to the health and safety of students and staff and must notify the commissioner of education in writing of such determination.
(d) No local plan approved by the commissioner of education shall reduce the level of state funding to an LEA under this title.
(e) At any time before the end of an approved alternative plan, the school principal on behalf of the principal's school or the local board of education acting through the director of schools may elect to terminate the alternative program and to return to operation under all applicable rules and regulations. The principal or the director of schools shall provide thirty (30) days' notice to the commissioner of an intent to withdraw from the alternative program.
(f) A local school board shall comply with the open meetings law, compiled in title 8, chapter 44, when it considers any alternative plan under this section.
(g) A school operating an innovative education program in accordance with this section is not a charter school and cannot convert to a charter school after being authorized under this section to conduct an innovative education program.
Acts 1990, ch. 648, § 1; 2004, ch. 832, §§ 5, 6, 7; 2011, ch. 378, § 7.
Tenn. Code Ann. § 49-6-1708 — TN Code / Title 49 / Chapter 6 / Section 49-6-1708
Report on commission's activities
Status: in_force

(a) Upon request of the governor, the education committee of the senate, or either education committee of the house of representatives, the commission shall provide a report on the commission's activities. (b) The commission shall study financial literacy in this state. The commission shall determine the scope of the study and shall submit a report of the findings of the study and the commission's recommendations to the general assembly. The report may be completed by a contractor employed by the commission. The contractor may be paid for the contractor's services with funds raised by the commission. Amended by 2023 Tenn. Acts, ch. 307, s 1, eff. 4/28/2023. Amended by 2022 Tenn. Acts, ch. 686, s 14, eff. 3/28/2022. Acts 2010 , ch. 1097, § 1; 2011 , ch. 212, § 3; T.C.A. § 49-7-3108 .
(a) Upon request of the governor, the education committee of the senate, or either education committee of the house of representatives, the commission shall provide a report on the commission's activities.
(b) The commission shall study financial literacy in this state. The commission shall determine the scope of the study and shall submit a report of the findings of the study and the commission's recommendations to the general assembly. The report may be completed by a contractor employed by the commission. The contractor may be paid for the contractor's services with funds raised by the commission.
Amended by 2023 Tenn. Acts, ch. 307, s 1, eff. 4/28/2023.
Amended by 2022 Tenn. Acts, ch. 686, s 14, eff. 3/28/2022.
Acts 2010 , ch. 1097, § 1; 2011 , ch. 212, § 3; T.C.A. § 49-7-3108 .
Tenn. Code Ann. § 49-4-1005 — TN Code / Title 49 / Chapter 4 / Section 49-4-1005
[Repealed effective 6/30/2025] Limitations and conditions on eligibility for tuition reimbursement
Status: repealed

The following are limitations and conditions on eligibility for tuition reimbursement under the program: (1) A member must maintain satisfactory academic progress and, for undergraduate, vocational, or technical programs, a minimum grade point average of 2.0, and for a master's program, a minimum grade point average of 3.0, as determined by the educational institution attended for the semester for which the member applies for tuition reimbursement; (2) A member receiving tuition reimbursement under this part who ceases to be eligible for the reimbursement because the member fails to maintain satisfactory academic progress or the required grade point average at the end of any semester may regain eligibility for tuition reimbursement at the end of any subsequent semester in which satisfactory academic progress and the required grade point average are established; (3) Tuition reimbursement must be paid to an educational institution on behalf of a member for no more than one hundred twenty (120) semester hours or eight (8) full-time equivalent semesters toward a member's first bachelor's degree. A member ceases to be eligible for tuition reimbursement under this part upon the first of the following events to occur: (A) The member has attempted one hundred twenty (120) semester hours toward the member's first bachelor's degree, inclusive of any postsecondary semester hours earned prior to receipt of tuition reimbursement under this part; (B) The member has completed eight (8) full-time equivalent semesters toward the member's first bachelor's degree; or (C) The member has earned a first bachelor's degree; (4) Tuition reimbursement must be paid to an educational institution on behalf of a member for no more than forty (40) semester hours toward a member's first master's degree. A member is no longer eligible for tuition reimbursement under this part upon the first of the following events to occur: (A) The member has attempted forty (40) semester hours toward the member's first master's degree, inclusive of any post-baccalaureate semester hours earned prior to receipt of tuition reimbursement under this part; or (B) The member has earned a first master's degree; (5) (A) Tuition reimbursement must be paid to an educational institution on behalf of a member for no more than twenty-four (24) semester hours toward a certificate or diploma from a vocational or technical program. A member is no longer eligible for tuition reimbursement under this part when the member has attempted twenty-four (24) semester hours toward a certificate or diploma from a vocational or technical program, inclusive of any semester hours earned in that same vocational or technical program prior to receipt of tuition reimbursement under this part. It is not required that tuition reimbursement under this part apply toward a member's first certificate or diploma from a vocational or technical program; (B) (i) Notwithstanding § 49-4-1003 : (a) As used in this subdivision (5)(B), "educational institution" means a private college of technology that: (1) Maintains a campus in Nashville, Tennessee that has operated as an automotive school for more than eighty (80) years; (2) Offers an associate of applied science degree in five (5) automotive specialties, as well as diploma programs; (3) Is accredited by the Accrediting Commission of Career Schools and Colleges of Technology; and (4) Has its primary campus domiciled in another state. (b) For purposes of this subdivision (5)(B), all references to terms defined in § 49-4-1003 that refer to an "educational institution" refer only to an "educational institution" as defined in subdivision (5)(B)(i)(a); (ii) Notwithstanding subdivision (5)(A), the adjutant general shall reimburse the tuition charged by an educational institution to a member pursuant to this subdivision (5)(B) if the member completed the member's initial active-duty training in April of 2022, began enrolling in classes at the educational institution in August of 2022, and timely submits an application for tuition reimbursement; (iii) Tuition reimbursement under this subdivision (5)(B) must be paid to the educational institution in accordance with subdivision (5)(A); (iv) Notwithstanding § 49-4-1005(8) , a member applying for and receiving tuition reimbursement under this subdivision (5)(B) is not required to apply for and use federal tuition assistance at the educational institution; (v) Notwithstanding subdivision (5)(B)(iv), a member applying for and receiving tuition reimbursement under this subdivision (5)(B) is required to comply with the limitations and conditions on eligibility for tuition reimbursement under the program as set forth in § 49-4-1005(1), (2), (7), and (10) ; and (vi) This subdivision (5)(B) is repealed on July 1, 2024; (6) Notwithstanding subdivisions (3) and (4), a member who is enrolled in an officer-producing program at an educational institution is exempt from the semester and semester-hour limits for tuition reimbursement under this part for up to thirty (30) additional semester hours for the limited purpose of allowing the member to complete the courses required to accept a commission upon graduation with the member's first bachelor's or master's degree; (7) Tuition reimbursement amounts that a member is eligible to receive under this part must be offset and reduced by the aggregate amount of state and federal education financial assistance received by the member during the semester or educational term, unless federal law or regulation requires otherwise, in which case federal priority controls. Such assistance includes, but is not limited to, the Tennessee Promise scholarship, the Tennessee Reconnect grant, the Tennessee HOPE scholarship, and similar state assistance, as such assistance programs or grants may be amended, as well as Tennessee student assistance awards, the federal Pell grant, Montgomery GI Bill benefits, Post-9/11 GI Bill benefits, and federal tuition assistance program benefits; (8) Members eligible for federal tuition assistance must apply for and use federal tuition assistance; (9) Members receiving a reserve officer training corps scholarship must exhaust the benefits of the reserve officer training corps scholarship in order to be eligible for tuition reimbursement under this part; (10) Members must be in good standing and currently active in the Tennessee national guard; and (11) (A) Members must submit an application for tuition reimbursement under this part within ninety (90) days of course completion. (B) Notwithstanding subdivision (11)(A): (i) Members eligible for tuition reimbursement under subdivision (5)(B) must submit an application for tuition reimbursement within ninety (90) days of course completion if the course is completed on or after July 1, 2023; and (ii) Members eligible for tuition reimbursement under subdivision (5)(B) must submit an application for tuition reimbursement no later than August 1, 2023, for courses completed by the member between August 1, 2022, and June 30, 2023. Amended by 2023 Tenn. Acts, ch. 485, s 2, eff. 5/17/2023. Amended by 2023 Tenn. Acts, ch. 485, s 1, eff. 5/17/2023. Amended by 2021 Tenn. Acts, ch. 216, s 5, eff. 7/1/2021. Amended by 2017 Tenn. Acts, ch. 229, s 5, eff. 4/24/2017. Acts 2004, ch. 477, § 5.
The following are limitations and conditions on eligibility for tuition reimbursement under the program:
(1) A member must maintain satisfactory academic progress and, for undergraduate, vocational, or technical programs, a minimum grade point average of 2.0, and for a master's program, a minimum grade point average of 3.0, as determined by the educational institution attended for the semester for which the member applies for tuition reimbursement;
(2) A member receiving tuition reimbursement under this part who ceases to be eligible for the reimbursement because the member fails to maintain satisfactory academic progress or the required grade point average at the end of any semester may regain eligibility for tuition reimbursement at the end of any subsequent semester in which satisfactory academic progress and the required grade point average are established;
(3) Tuition reimbursement must be paid to an educational institution on behalf of a member for no more than one hundred twenty (120) semester hours or eight (8) full-time equivalent semesters toward a member's first bachelor's degree. A member ceases to be eligible for tuition reimbursement under this part upon the first of the following events to occur: (A) The member has attempted one hundred twenty (120) semester hours toward the member's first bachelor's degree, inclusive of any postsecondary semester hours earned prior to receipt of tuition reimbursement under this part; (B) The member has completed eight (8) full-time equivalent semesters toward the member's first bachelor's degree; or (C) The member has earned a first bachelor's degree;
(A) The member has attempted one hundred twenty (120) semester hours toward the member's first bachelor's degree, inclusive of any postsecondary semester hours earned prior to receipt of tuition reimbursement under this part;
(B) The member has completed eight (8) full-time equivalent semesters toward the member's first bachelor's degree; or
(C) The member has earned a first bachelor's degree;
(4) Tuition reimbursement must be paid to an educational institution on behalf of a member for no more than forty (40) semester hours toward a member's first master's degree. A member is no longer eligible for tuition reimbursement under this part upon the first of the following events to occur: (A) The member has attempted forty (40) semester hours toward the member's first master's degree, inclusive of any post-baccalaureate semester hours earned prior to receipt of tuition reimbursement under this part; or (B) The member has earned a first master's degree;
(A) The member has attempted forty (40) semester hours toward the member's first master's degree, inclusive of any post-baccalaureate semester hours earned prior to receipt of tuition reimbursement under this part; or
(B) The member has earned a first master's degree;
(5) (A) Tuition reimbursement must be paid to an educational institution on behalf of a member for no more than twenty-four (24) semester hours toward a certificate or diploma from a vocational or technical program. A member is no longer eligible for tuition reimbursement under this part when the member has attempted twenty-four (24) semester hours toward a certificate or diploma from a vocational or technical program, inclusive of any semester hours earned in that same vocational or technical program prior to receipt of tuition reimbursement under this part. It is not required that tuition reimbursement under this part apply toward a member's first certificate or diploma from a vocational or technical program; (B) (i) Notwithstanding § 49-4-1003 : (a) As used in this subdivision (5)(B), "educational institution" means a private college of technology that: (1) Maintains a campus in Nashville, Tennessee that has operated as an automotive school for more than eighty (80) years; (2) Offers an associate of applied science degree in five (5) automotive specialties, as well as diploma programs; (3) Is accredited by the Accrediting Commission of Career Schools and Colleges of Technology; and (4) Has its primary campus domiciled in another state. (b) For purposes of this subdivision (5)(B), all references to terms defined in § 49-4-1003 that refer to an "educational institution" refer only to an "educational institution" as defined in subdivision (5)(B)(i)(a); (ii) Notwithstanding subdivision (5)(A), the adjutant general shall reimburse the tuition charged by an educational institution to a member pursuant to this subdivision (5)(B) if the member completed the member's initial active-duty training in April of 2022, began enrolling in classes at the educational institution in August of 2022, and timely submits an application for tuition reimbursement; (iii) Tuition reimbursement under this subdivision (5)(B) must be paid to the educational institution in accordance with subdivision (5)(A); (iv) Notwithstanding § 49-4-1005(8) , a member applying for and receiving tuition reimbursement under this subdivision (5)(B) is not required to apply for and use federal tuition assistance at the educational institution; (v) Notwithstanding subdivision (5)(B)(iv), a member applying for and receiving tuition reimbursement under this subdivision (5)(B) is required to comply with the limitations and conditions on eligibility for tuition reimbursement under the program as set forth in § 49-4-1005(1), (2), (7), and (10) ; and (vi) This subdivision (5)(B) is repealed on July 1, 2024;
(A) Tuition reimbursement must be paid to an educational institution on behalf of a member for no more than twenty-four (24) semester hours toward a certificate or diploma from a vocational or technical program. A member is no longer eligible for tuition reimbursement under this part when the member has attempted twenty-four (24) semester hours toward a certificate or diploma from a vocational or technical program, inclusive of any semester hours earned in that same vocational or technical program prior to receipt of tuition reimbursement under this part. It is not required that tuition reimbursement under this part apply toward a member's first certificate or diploma from a vocational or technical program;
(B) (i) Notwithstanding § 49-4-1003 : (a) As used in this subdivision (5)(B), "educational institution" means a private college of technology that: (1) Maintains a campus in Nashville, Tennessee that has operated as an automotive school for more than eighty (80) years; (2) Offers an associate of applied science degree in five (5) automotive specialties, as well as diploma programs; (3) Is accredited by the Accrediting Commission of Career Schools and Colleges of Technology; and (4) Has its primary campus domiciled in another state. (b) For purposes of this subdivision (5)(B), all references to terms defined in § 49-4-1003 that refer to an "educational institution" refer only to an "educational institution" as defined in subdivision (5)(B)(i)(a); (ii) Notwithstanding subdivision (5)(A), the adjutant general shall reimburse the tuition charged by an educational institution to a member pursuant to this subdivision (5)(B) if the member completed the member's initial active-duty training in April of 2022, began enrolling in classes at the educational institution in August of 2022, and timely submits an application for tuition reimbursement; (iii) Tuition reimbursement under this subdivision (5)(B) must be paid to the educational institution in accordance with subdivision (5)(A); (iv) Notwithstanding § 49-4-1005(8) , a member applying for and receiving tuition reimbursement under this subdivision (5)(B) is not required to apply for and use federal tuition assistance at the educational institution; (v) Notwithstanding subdivision (5)(B)(iv), a member applying for and receiving tuition reimbursement under this subdivision (5)(B) is required to comply with the limitations and conditions on eligibility for tuition reimbursement under the program as set forth in § 49-4-1005(1), (2), (7), and (10) ; and (vi) This subdivision (5)(B) is repealed on July 1, 2024;
(i) Notwithstanding § 49-4-1003 : (a) As used in this subdivision (5)(B), "educational institution" means a private college of technology that: (1) Maintains a campus in Nashville, Tennessee that has operated as an automotive school for more than eighty (80) years; (2) Offers an associate of applied science degree in five (5) automotive specialties, as well as diploma programs; (3) Is accredited by the Accrediting Commission of Career Schools and Colleges of Technology; and (4) Has its primary campus domiciled in another state. (b) For purposes of this subdivision (5)(B), all references to terms defined in § 49-4-1003 that refer to an "educational institution" refer only to an "educational institution" as defined in subdivision (5)(B)(i)(a);
(a) As used in this subdivision (5)(B), "educational institution" means a private college of technology that: (1) Maintains a campus in Nashville, Tennessee that has operated as an automotive school for more than eighty (80) years; (2) Offers an associate of applied science degree in five (5) automotive specialties, as well as diploma programs; (3) Is accredited by the Accrediting Commission of Career Schools and Colleges of Technology; and (4) Has its primary campus domiciled in another state.
(1) Maintains a campus in Nashville, Tennessee that has operated as an automotive school for more than eighty (80) years;
(2) Offers an associate of applied science degree in five (5) automotive specialties, as well as diploma programs;
(3) Is accredited by the Accrediting Commission of Career Schools and Colleges of Technology; and
(4) Has its primary campus domiciled in another state.
(b) For purposes of this subdivision (5)(B), all references to terms defined in § 49-4-1003 that refer to an "educational institution" refer only to an "educational institution" as defined in subdivision (5)(B)(i)(a);
(ii) Notwithstanding subdivision (5)(A), the adjutant general shall reimburse the tuition charged by an educational institution to a member pursuant to this subdivision (5)(B) if the member completed the member's initial active-duty training in April of 2022, began enrolling in classes at the educational institution in August of 2022, and timely submits an application for tuition reimbursement;
(iii) Tuition reimbursement under this subdivision (5)(B) must be paid to the educational institution in accordance with subdivision (5)(A);
(iv) Notwithstanding § 49-4-1005(8) , a member applying for and receiving tuition reimbursement under this subdivision (5)(B) is not required to apply for and use federal tuition assistance at the educational institution;
(v) Notwithstanding subdivision (5)(B)(iv), a member applying for and receiving tuition reimbursement under this subdivision (5)(B) is required to comply with the limitations and conditions on eligibility for tuition reimbursement under the program as set forth in § 49-4-1005(1), (2), (7), and (10) ; and
(vi) This subdivision (5)(B) is repealed on July 1, 2024;
(6) Notwithstanding subdivisions (3) and (4), a member who is enrolled in an officer-producing program at an educational institution is exempt from the semester and semester-hour limits for tuition reimbursement under this part for up to thirty (30) additional semester hours for the limited purpose of allowing the member to complete the courses required to accept a commission upon graduation with the member's first bachelor's or master's degree;
(7) Tuition reimbursement amounts that a member is eligible to receive under this part must be offset and reduced by the aggregate amount of state and federal education financial assistance received by the member during the semester or educational term, unless federal law or regulation requires otherwise, in which case federal priority controls. Such assistance includes, but is not limited to, the Tennessee Promise scholarship, the Tennessee Reconnect grant, the Tennessee HOPE scholarship, and similar state assistance, as such assistance programs or grants may be amended, as well as Tennessee student assistance awards, the federal Pell grant, Montgomery GI Bill benefits, Post-9/11 GI Bill benefits, and federal tuition assistance program benefits;
(8) Members eligible for federal tuition assistance must apply for and use federal tuition assistance;
(9) Members receiving a reserve officer training corps scholarship must exhaust the benefits of the reserve officer training corps scholarship in order to be eligible for tuition reimbursement under this part;
(10) Members must be in good standing and currently active in the Tennessee national guard; and
(11) (A) Members must submit an application for tuition reimbursement under this part within ninety (90) days of course completion. (B) Notwithstanding subdivision (11)(A): (i) Members eligible for tuition reimbursement under subdivision (5)(B) must submit an application for tuition reimbursement within ninety (90) days of course completion if the course is completed on or after July 1, 2023; and (ii) Members eligible for tuition reimbursement under subdivision (5)(B) must submit an application for tuition reimbursement no later than August 1, 2023, for courses completed by the member between August 1, 2022, and June 30, 2023.
(A) Members must submit an application for tuition reimbursement under this part within ninety (90) days of course completion.
(B) Notwithstanding subdivision (11)(A): (i) Members eligible for tuition reimbursement under subdivision (5)(B) must submit an application for tuition reimbursement within ninety (90) days of course completion if the course is completed on or after July 1, 2023; and (ii) Members eligible for tuition reimbursement under subdivision (5)(B) must submit an application for tuition reimbursement no later than August 1, 2023, for courses completed by the member between August 1, 2022, and June 30, 2023.
(i) Members eligible for tuition reimbursement under subdivision (5)(B) must submit an application for tuition reimbursement within ninety (90) days of course completion if the course is completed on or after July 1, 2023; and
(ii) Members eligible for tuition reimbursement under subdivision (5)(B) must submit an application for tuition reimbursement no later than August 1, 2023, for courses completed by the member between August 1, 2022, and June 30, 2023.
Amended by 2023 Tenn. Acts, ch. 485, s 2, eff. 5/17/2023.
Amended by 2023 Tenn. Acts, ch. 485, s 1, eff. 5/17/2023.
Amended by 2021 Tenn. Acts, ch. 216, s 5, eff. 7/1/2021.
Amended by 2017 Tenn. Acts, ch. 229, s 5, eff. 4/24/2017.
Acts 2004, ch. 477, § 5.
Tenn. Code Ann. § 49-2-105 — TN Code / Title 49 / Chapter 2 / Section 49-2-105
Training programs with private college or university for pre-k-12 teachers
Status: in_force

(a) A local board of education may contract with a private college or university accredited by the Southern Association of Colleges and Schools Commission on Colleges that has its primary campus domiciled in this state for the college or university to maintain a training school for grades pre-kindergarten through twelve (pre-K-12), or any combination of grades pre-kindergarten through twelve (pre-K-12), to provide practice teaching experience for teachers in training. The students enrolled in the training school must be taught the same course of study as prescribed by the state board of education for the LEA in grades pre-kindergarten through twelve (pre-K-12), or the grades appropriate for the particular school. Training schools must meet the same requirements established by law and the state board's rules for public schools. (b) A college or university that has entered into a contract with a local board of education pursuant to subsection (a) may receive all state and federal funds received by the local board of education as a result of this contract for the operation of the training school, including TISA allocations and any other funds that may be allocated for the operation of public schools of this state. Training schools are eligible to receive grants and other funds in the same manner as the public schools in this state. The control of the school is wholly under the direction of the respective college or university. (c) In the event the training school does not maintain a school for grades pre-kindergarten through twelve (pre-K-12), the contract between the college or university and the local board of education must direct the allocation of funds between the local board of education and the training school, as the parties determine necessary to best achieve the objective of providing practice teaching for teachers in training. Added by 2023 Tenn. Acts, ch. 435, s 1, eff. 5/11/2023.
(a) A local board of education may contract with a private college or university accredited by the Southern Association of Colleges and Schools Commission on Colleges that has its primary campus domiciled in this state for the college or university to maintain a training school for grades pre-kindergarten through twelve (pre-K-12), or any combination of grades pre-kindergarten through twelve (pre-K-12), to provide practice teaching experience for teachers in training. The students enrolled in the training school must be taught the same course of study as prescribed by the state board of education for the LEA in grades pre-kindergarten through twelve (pre-K-12), or the grades appropriate for the particular school. Training schools must meet the same requirements established by law and the state board's rules for public schools.
(b) A college or university that has entered into a contract with a local board of education pursuant to subsection (a) may receive all state and federal funds received by the local board of education as a result of this contract for the operation of the training school, including TISA allocations and any other funds that may be allocated for the operation of public schools of this state. Training schools are eligible to receive grants and other funds in the same manner as the public schools in this state. The control of the school is wholly under the direction of the respective college or university.
(c) In the event the training school does not maintain a school for grades pre-kindergarten through twelve (pre-K-12), the contract between the college or university and the local board of education must direct the allocation of funds between the local board of education and the training school, as the parties determine necessary to best achieve the objective of providing practice teaching for teachers in training.
Added by 2023 Tenn. Acts, ch. 435, s 1, eff. 5/11/2023.
Tenn. Code Ann. § 49-50-1408 — TN Code / Title 49 / Chapter 50 / Section 49-50-1408
Reports of alleged falsification, waste or mismanagement
Status: in_force

(a) Any person having knowledge of a knowing or willful falsification within the meaning of §§ 49-50-1404 and 49-50-1405 or the waste or mismanagement of public education funds may report or disclose the falsification, waste or mismanagement to the department of education or committee of the general assembly or individual official, member or employee of the department or committee. (b) The department shall make a thorough investigation of any written report of falsification, waste or mismanagement. No investigation of anonymous reports shall be required by this part. Reports of alleged falsification, waste or mismanagement shall be confidential only to the extent the person reporting requests that the person's name not be revealed. (c) No penalty shall attach to the failure to report and a person reporting shall be presumed to be acting in good faith and shall thereby be immune from any liability, civil or criminal, that might otherwise be incurred or imposed for the reporting. Acts 1989, ch. 444, § 8.
(a) Any person having knowledge of a knowing or willful falsification within the meaning of §§ 49-50-1404 and 49-50-1405 or the waste or mismanagement of public education funds may report or disclose the falsification, waste or mismanagement to the department of education or committee of the general assembly or individual official, member or employee of the department or committee.
(b) The department shall make a thorough investigation of any written report of falsification, waste or mismanagement. No investigation of anonymous reports shall be required by this part. Reports of alleged falsification, waste or mismanagement shall be confidential only to the extent the person reporting requests that the person's name not be revealed.
(c) No penalty shall attach to the failure to report and a person reporting shall be presumed to be acting in good faith and shall thereby be immune from any liability, civil or criminal, that might otherwise be incurred or imposed for the reporting.
Acts 1989, ch. 444, § 8.
Tenn. Code Ann. § 49-7-118 — TN Code / Title 49 / Chapter 7 / Section 49-7-118
Police and other law enforcement officers
Status: in_force

(a) The governing boards of public institutions of higher education are authorized to establish policies pursuant to which a suitable number of persons may be employed or commissioned, or both, as police officers, public safety officers, and security officers by the governing boards or by institutions and schools governed by the respective boards. (b) In addition to the minimum requirements under regulation by the peace officer standards and training (POST) commission, each board or institution may establish additional qualifying factors, training standards, and policies for employees holding a police officer's commission. (c) The governing boards of public institutions of higher education are authorized to establish such other minimum qualifications for employment as security officers as they deem appropriate; however, the qualifications for security officers permitted to carry firearms or other arms while on duty shall be at least equivalent to the certification requirements of the POST commission. (d) When properly commissioned and qualified in accordance with the policies of the governing boards of public institutions of higher education, the police officers shall have all the police powers necessary to enforce all state laws as well as rules and regulations of the institutions. The authority granted extends to all facilities or property owned, leased, or operated by the governing boards of the public institutions of higher education, including any public roads or rights-of-way that are contiguous to, within the perimeter of, or connect between the facilities, property, or interests of a particular institution. (e) (1) A law enforcement agency may enter into such written mutual assistance or other agreements with other law enforcement agencies, including a county sheriff's department, municipal police department, judicial district drug task force, Tennessee bureau of investigation or Tennessee highway patrol, as are necessary to preserve and protect the property, students and employees of the college or university employing the officers and to otherwise perform their duties. The agreements may provide for the exchange of law enforcement officers and security officers when required for a particular purpose or for mutual assistance to effectuate arrests, execute search warrants and perform other law enforcement functions when the law enforcement agency finds it necessary to act outside of their statutory jurisdiction. (2) When acting pursuant to a written mutual assistance or other agreement, a police officer shall have the same legal status and immunity from suit as officers of the agency the officer is assisting. A police officer acting pursuant to an assistance agreement shall be covered by the liability insurance policy of the agency of the officer's regular employment. (f) (1) Private universities having an enrollment of at least nine thousand (9,000) students and nine thousand (9,000) or more employees, and located within counties having a metropolitan form of government, or private universities or colleges accredited by the Southern Association of Colleges and Schools and located within a county with a population in excess of eight hundred thousand (800,000), according to the 2000 federal census or any subsequent federal census, may also employ and commission police officers under the conditions described in this section; provided, that the chief law enforcement officer of the metropolitan government or municipal law enforcement agency in which the private university or college is located has appointed the police officer a special deputy in accordance with § 8-8-212 , or has appointed the police officer a special police officer. (2) The municipal law enforcement agency having jurisdiction where the private university or college is located shall define any geographical limitation on the exercise of police power of the special deputy or special police officer. (3) Notwithstanding any law to the contrary, the law enforcement agency having jurisdiction where the private university or college is located shall be immune from any suit by anyone incurring any wrong, injury, loss, damage, or expense resulting from any act or failure to act on the part of any special deputy or special police officer commissioned a police officer by a private university or college. (4) No person shall be appointed a special deputy or a special police officer or be commissioned a police officer by a private university or college, unless the person proves to the law enforcement agency having jurisdiction where the private university or college is located that the person's financial responsibility is in accordance with the terms of § 8-8-303(c) . (5) This subsection (f) shall not entitle the officers to any public funding, for training or otherwise. (g) (1) Private universities or colleges having a main campus of one thousand (1,000) acres or more that is located in an incorporated municipality which does not operate a police force may employ and commission campus police officers for the main campus under the conditions of this section; provided, that the sheriff of the county in which the main campus is located has appointed the police officer as a special deputy in accordance with § 8-8-212 . (2) The sheriff of the county in which the main campus is located shall define any geographical limitation on the exercise of police power of the special deputy. (3) Notwithstanding any law to the contrary, the sheriff's department of the county in which the main campus is located shall be immune from any suit by anyone incurring any wrong, injury, loss, damage, or expense resulting from any act or failure to act on the part of any special deputy commissioned as a campus police officer by a private university or college. (4) No person shall be appointed as a special deputy or be commissioned as a campus police officer by a private university or college under this subsection (g), unless the person proves to the sheriff of the county in which the main campus is located that the person's financial responsibility is in accordance with the terms of § 8-8-303(c) and the person has successfully completed the certification requirements of the POST commission, or at least the equivalent thereof. (5) This subsection (g) shall not entitle the campus police officers to any public funding, for training or otherwise. (h) (1) Private universities or colleges that are accredited by the Southern Association of Colleges and Schools and that have an enrollment which is thirty percent (30%) or more of the population of the municipality in which the main campus is located may employ and commission campus police officers for the main campus under the conditions of this section; provided, that the chief law enforcement officer of the municipality has appointed the police officer as a special deputy in accordance with § 8-8-212 or has appointed the police officer as a special police officer. (2) The chief law enforcement officer of the municipality in which the main campus is located shall define any geographical limitation on the exercise of police power of the special deputy or special police officer. (3) Notwithstanding any law to the contrary, the law enforcement agency having jurisdiction where the private university or campus is located shall be immune from any suit by anyone incurring any wrong, injury, loss, damage, or expense resulting from any act or failure to act on the part of any special deputy or special police officer commissioned as a campus police officer by a private university or college. (4) No person shall be appointed as a special deputy or a special police officer or be commissioned as a campus police officer by a private university or college under this subsection (h), unless the person proves to the chief law enforcement officer in which the main campus is located that the person's financial responsibility is in accordance with § 8-8-303(c) and the person has successfully completed the certification requirements of the POST commission, or at least the equivalent thereof. (5) This subsection (h) shall not entitle the campus police officers to any public funding, for training or otherwise. (i) As used in this section, unless the context clearly requires otherwise: (1) "Campus police officer" means a person commissioned by an employing institution, school, or board and rendered an oath to provide police services, enforce law, exercise arrest authority and carry firearms, and thus is subject to the Tennessee POST commission; (2) "Campus security officer" means a person employed by an institution to provide nonpolice, security-related services and as such is not commissioned to exercise arrest authority nor carry firearms without additional provision of law, nor is subject to the Tennessee POST commission; (3) "Law enforcement agency" means an institution, school, or board employing one (1) or more commissioned police officers; and (4) "Public safety officer" means a person who, in addition to being a commissioned, campus police officer under subdivision (i)(1), performs other significant duties, such as certified firefighter, medical first responder or other tasks associated with homeland security based on the needs of a particular institution. Amended by 2020 Tenn. Acts, ch. 630, Secs.s1, s2, s3 eff. 3/20/2020. Amended by 2017 Tenn. Acts, ch. 28, s 1, eff. 3/29/2017. Amended by 2013 Tenn. Acts, ch. 368, s 1, eff. 5/13/2013. Acts 1987, ch. 78, §§ 2-5; 1997 , ch. 494, § 1; 1999, ch. 133, § 1; 2004, ch. 766, §§ 1 - 9; 2005, ch. 119, § 1; 2012 , ch. 763, § 1.
(a) The governing boards of public institutions of higher education are authorized to establish policies pursuant to which a suitable number of persons may be employed or commissioned, or both, as police officers, public safety officers, and security officers by the governing boards or by institutions and schools governed by the respective boards.
(b) In addition to the minimum requirements under regulation by the peace officer standards and training (POST) commission, each board or institution may establish additional qualifying factors, training standards, and policies for employees holding a police officer's commission.
(c) The governing boards of public institutions of higher education are authorized to establish such other minimum qualifications for employment as security officers as they deem appropriate; however, the qualifications for security officers permitted to carry firearms or other arms while on duty shall be at least equivalent to the certification requirements of the POST commission.
(d) When properly commissioned and qualified in accordance with the policies of the governing boards of public institutions of higher education, the police officers shall have all the police powers necessary to enforce all state laws as well as rules and regulations of the institutions. The authority granted extends to all facilities or property owned, leased, or operated by the governing boards of the public institutions of higher education, including any public roads or rights-of-way that are contiguous to, within the perimeter of, or connect between the facilities, property, or interests of a particular institution.
(e) (1) A law enforcement agency may enter into such written mutual assistance or other agreements with other law enforcement agencies, including a county sheriff's department, municipal police department, judicial district drug task force, Tennessee bureau of investigation or Tennessee highway patrol, as are necessary to preserve and protect the property, students and employees of the college or university employing the officers and to otherwise perform their duties. The agreements may provide for the exchange of law enforcement officers and security officers when required for a particular purpose or for mutual assistance to effectuate arrests, execute search warrants and perform other law enforcement functions when the law enforcement agency finds it necessary to act outside of their statutory jurisdiction. (2) When acting pursuant to a written mutual assistance or other agreement, a police officer shall have the same legal status and immunity from suit as officers of the agency the officer is assisting. A police officer acting pursuant to an assistance agreement shall be covered by the liability insurance policy of the agency of the officer's regular employment.
(1) A law enforcement agency may enter into such written mutual assistance or other agreements with other law enforcement agencies, including a county sheriff's department, municipal police department, judicial district drug task force, Tennessee bureau of investigation or Tennessee highway patrol, as are necessary to preserve and protect the property, students and employees of the college or university employing the officers and to otherwise perform their duties. The agreements may provide for the exchange of law enforcement officers and security officers when required for a particular purpose or for mutual assistance to effectuate arrests, execute search warrants and perform other law enforcement functions when the law enforcement agency finds it necessary to act outside of their statutory jurisdiction.
(2) When acting pursuant to a written mutual assistance or other agreement, a police officer shall have the same legal status and immunity from suit as officers of the agency the officer is assisting. A police officer acting pursuant to an assistance agreement shall be covered by the liability insurance policy of the agency of the officer's regular employment.
(f) (1) Private universities having an enrollment of at least nine thousand (9,000) students and nine thousand (9,000) or more employees, and located within counties having a metropolitan form of government, or private universities or colleges accredited by the Southern Association of Colleges and Schools and located within a county with a population in excess of eight hundred thousand (800,000), according to the 2000 federal census or any subsequent federal census, may also employ and commission police officers under the conditions described in this section; provided, that the chief law enforcement officer of the metropolitan government or municipal law enforcement agency in which the private university or college is located has appointed the police officer a special deputy in accordance with § 8-8-212 , or has appointed the police officer a special police officer. (2) The municipal law enforcement agency having jurisdiction where the private university or college is located shall define any geographical limitation on the exercise of police power of the special deputy or special police officer. (3) Notwithstanding any law to the contrary, the law enforcement agency having jurisdiction where the private university or college is located shall be immune from any suit by anyone incurring any wrong, injury, loss, damage, or expense resulting from any act or failure to act on the part of any special deputy or special police officer commissioned a police officer by a private university or college. (4) No person shall be appointed a special deputy or a special police officer or be commissioned a police officer by a private university or college, unless the person proves to the law enforcement agency having jurisdiction where the private university or college is located that the person's financial responsibility is in accordance with the terms of § 8-8-303(c) . (5) This subsection (f) shall not entitle the officers to any public funding, for training or otherwise.
(1) Private universities having an enrollment of at least nine thousand (9,000) students and nine thousand (9,000) or more employees, and located within counties having a metropolitan form of government, or private universities or colleges accredited by the Southern Association of Colleges and Schools and located within a county with a population in excess of eight hundred thousand (800,000), according to the 2000 federal census or any subsequent federal census, may also employ and commission police officers under the conditions described in this section; provided, that the chief law enforcement officer of the metropolitan government or municipal law enforcement agency in which the private university or college is located has appointed the police officer a special deputy in accordance with § 8-8-212 , or has appointed the police officer a special police officer.
(2) The municipal law enforcement agency having jurisdiction where the private university or college is located shall define any geographical limitation on the exercise of police power of the special deputy or special police officer.
(3) Notwithstanding any law to the contrary, the law enforcement agency having jurisdiction where the private university or college is located shall be immune from any suit by anyone incurring any wrong, injury, loss, damage, or expense resulting from any act or failure to act on the part of any special deputy or special police officer commissioned a police officer by a private university or college.
(4) No person shall be appointed a special deputy or a special police officer or be commissioned a police officer by a private university or college, unless the person proves to the law enforcement agency having jurisdiction where the private university or college is located that the person's financial responsibility is in accordance with the terms of § 8-8-303(c) .
(5) This subsection (f) shall not entitle the officers to any public funding, for training or otherwise.
(g) (1) Private universities or colleges having a main campus of one thousand (1,000) acres or more that is located in an incorporated municipality which does not operate a police force may employ and commission campus police officers for the main campus under the conditions of this section; provided, that the sheriff of the county in which the main campus is located has appointed the police officer as a special deputy in accordance with § 8-8-212 . (2) The sheriff of the county in which the main campus is located shall define any geographical limitation on the exercise of police power of the special deputy. (3) Notwithstanding any law to the contrary, the sheriff's department of the county in which the main campus is located shall be immune from any suit by anyone incurring any wrong, injury, loss, damage, or expense resulting from any act or failure to act on the part of any special deputy commissioned as a campus police officer by a private university or college. (4) No person shall be appointed as a special deputy or be commissioned as a campus police officer by a private university or college under this subsection (g), unless the person proves to the sheriff of the county in which the main campus is located that the person's financial responsibility is in accordance with the terms of § 8-8-303(c) and the person has successfully completed the certification requirements of the POST commission, or at least the equivalent thereof. (5) This subsection (g) shall not entitle the campus police officers to any public funding, for training or otherwise.
(1) Private universities or colleges having a main campus of one thousand (1,000) acres or more that is located in an incorporated municipality which does not operate a police force may employ and commission campus police officers for the main campus under the conditions of this section; provided, that the sheriff of the county in which the main campus is located has appointed the police officer as a special deputy in accordance with § 8-8-212 .
(2) The sheriff of the county in which the main campus is located shall define any geographical limitation on the exercise of police power of the special deputy.
(3) Notwithstanding any law to the contrary, the sheriff's department of the county in which the main campus is located shall be immune from any suit by anyone incurring any wrong, injury, loss, damage, or expense resulting from any act or failure to act on the part of any special deputy commissioned as a campus police officer by a private university or college.
(4) No person shall be appointed as a special deputy or be commissioned as a campus police officer by a private university or college under this subsection (g), unless the person proves to the sheriff of the county in which the main campus is located that the person's financial responsibility is in accordance with the terms of § 8-8-303(c) and the person has successfully completed the certification requirements of the POST commission, or at least the equivalent thereof.
(5) This subsection (g) shall not entitle the campus police officers to any public funding, for training or otherwise.
(h) (1) Private universities or colleges that are accredited by the Southern Association of Colleges and Schools and that have an enrollment which is thirty percent (30%) or more of the population of the municipality in which the main campus is located may employ and commission campus police officers for the main campus under the conditions of this section; provided, that the chief law enforcement officer of the municipality has appointed the police officer as a special deputy in accordance with § 8-8-212 or has appointed the police officer as a special police officer. (2) The chief law enforcement officer of the municipality in which the main campus is located shall define any geographical limitation on the exercise of police power of the special deputy or special police officer. (3) Notwithstanding any law to the contrary, the law enforcement agency having jurisdiction where the private university or campus is located shall be immune from any suit by anyone incurring any wrong, injury, loss, damage, or expense resulting from any act or failure to act on the part of any special deputy or special police officer commissioned as a campus police officer by a private university or college. (4) No person shall be appointed as a special deputy or a special police officer or be commissioned as a campus police officer by a private university or college under this subsection (h), unless the person proves to the chief law enforcement officer in which the main campus is located that the person's financial responsibility is in accordance with § 8-8-303(c) and the person has successfully completed the certification requirements of the POST commission, or at least the equivalent thereof. (5) This subsection (h) shall not entitle the campus police officers to any public funding, for training or otherwise.
(1) Private universities or colleges that are accredited by the Southern Association of Colleges and Schools and that have an enrollment which is thirty percent (30%) or more of the population of the municipality in which the main campus is located may employ and commission campus police officers for the main campus under the conditions of this section; provided, that the chief law enforcement officer of the municipality has appointed the police officer as a special deputy in accordance with § 8-8-212 or has appointed the police officer as a special police officer.
(2) The chief law enforcement officer of the municipality in which the main campus is located shall define any geographical limitation on the exercise of police power of the special deputy or special police officer.
(3) Notwithstanding any law to the contrary, the law enforcement agency having jurisdiction where the private university or campus is located shall be immune from any suit by anyone incurring any wrong, injury, loss, damage, or expense resulting from any act or failure to act on the part of any special deputy or special police officer commissioned as a campus police officer by a private university or college.
(4) No person shall be appointed as a special deputy or a special police officer or be commissioned as a campus police officer by a private university or college under this subsection (h), unless the person proves to the chief law enforcement officer in which the main campus is located that the person's financial responsibility is in accordance with § 8-8-303(c) and the person has successfully completed the certification requirements of the POST commission, or at least the equivalent thereof.
(5) This subsection (h) shall not entitle the campus police officers to any public funding, for training or otherwise.
(i) As used in this section, unless the context clearly requires otherwise: (1) "Campus police officer" means a person commissioned by an employing institution, school, or board and rendered an oath to provide police services, enforce law, exercise arrest authority and carry firearms, and thus is subject to the Tennessee POST commission; (2) "Campus security officer" means a person employed by an institution to provide nonpolice, security-related services and as such is not commissioned to exercise arrest authority nor carry firearms without additional provision of law, nor is subject to the Tennessee POST commission; (3) "Law enforcement agency" means an institution, school, or board employing one (1) or more commissioned police officers; and (4) "Public safety officer" means a person who, in addition to being a commissioned, campus police officer under subdivision (i)(1), performs other significant duties, such as certified firefighter, medical first responder or other tasks associated with homeland security based on the needs of a particular institution.
(1) "Campus police officer" means a person commissioned by an employing institution, school, or board and rendered an oath to provide police services, enforce law, exercise arrest authority and carry firearms, and thus is subject to the Tennessee POST commission;
(2) "Campus security officer" means a person employed by an institution to provide nonpolice, security-related services and as such is not commissioned to exercise arrest authority nor carry firearms without additional provision of law, nor is subject to the Tennessee POST commission;
(3) "Law enforcement agency" means an institution, school, or board employing one (1) or more commissioned police officers; and
(4) "Public safety officer" means a person who, in addition to being a commissioned, campus police officer under subdivision (i)(1), performs other significant duties, such as certified firefighter, medical first responder or other tasks associated with homeland security based on the needs of a particular institution.
Amended by 2020 Tenn. Acts, ch. 630, Secs.s1, s2, s3 eff. 3/20/2020.
Amended by 2017 Tenn. Acts, ch. 28, s 1, eff. 3/29/2017.
Amended by 2013 Tenn. Acts, ch. 368, s 1, eff. 5/13/2013.
Acts 1987, ch. 78, §§ 2-5; 1997 , ch. 494, § 1; 1999, ch. 133, § 1; 2004, ch. 766, §§ 1 - 9; 2005, ch. 119, § 1; 2012 , ch. 763, § 1.