Tenn. Code Ann. § 49-12-101 — TN Code / Title 49 / Chapter 12 / Section 49-12-101
Compact
Status: in_force

On February 8, 1948, the state of Tennessee and the states of Florida, Maryland, Georgia, Louisiana, Alabama, Mississippi, Arkansas, North Carolina, South Carolina, Texas, Oklahoma, West Virginia, and the commonwealth of Virginia, through and by their respective governors, entered into a written compact relative to the development and maintenance of regional educational services and schools in the southern states in the professional, technological, scientific, literary, and other fields, so as to provide greater educational advantages and facilities for the citizens of the several states who reside within such region. The compact, as amended is as follows: THE REGIONAL COMPACT WHEREAS, the states who are parties hereto have during the past several years conducted a careful investigation looking toward the establishment and maintenance of jointly owned and operated regional educational institutions in the southern states in the professional, technological, scientific, literary and other fields, so as to provide greater educational advantages and facilities for the citizens of the several states who reside within such region; and WHEREAS, Meharry Medical College, of Nashville, Tennessee, has proposed that its lands, buildings, equipment, and the net income from its endowment be turned over to the southern states, or to an agency acting in their behalf, to be operated as a regional institution for medical, dental and nursing education upon terms and conditions to be hereafter agreed upon between the southern states and Meharry Medical College, which proposal, because of the present financial condition of the institution, has been approved by the states who are parties hereto; and WHEREAS, the states desire to enter into a compact with each other providing for the planning and establishment of regional educational facilities; NOW, THEREFORE, in consideration of the mutual agreements, covenants and obligations assumed by the respective states who are parties hereto (hereinafter referred to as "states"), the several states do hereby form a geographical district or region consisting of the areas lying within the boundaries of the contracting states which, for the purposes of this compact, shall constitute an area for regional education supported by public funds derived from taxation by the constituent states and derived from other sources for the establishment, acquisition, operation and maintenance of regional educational schools and institutions for the benefit of citizens of the respective states residing within the region so established as may be determined from time to time in accordance with the terms and provisions of this compact. The states do further hereby establish and create a joint agency which shall be known as the board of control for southern regional education (hereinafter referred to as the "board"), the members of which board shall consist of the governor of each state ex officio and four (4) additional citizens of each state to be appointed by the governor thereof, at least one (1) of whom shall be selected from the field of education, and at least one (1) of whom shall be a member of the legislature of the state. The governor shall continue as a member of the board during his tenure of office as governor of the state, but the members of the board appointed by the governor shall hold office for a period of four (4) years, except that in the original appointments one (1) board member so appointed by the governor shall be designated at the time of his appointment to serve an initial term of two (2) years, one (1) board member to serve an initial term of three (3) years, and the remaining board member to serve the full term of four (4) years, but thereafter the successor of each appointed board member shall serve the full term of four (4) years. Vacancies on the board caused by death, resignation, refusal or inability to serve shall be filled by appointment by the governor for the unexpired portion of the term. If the member of the board who represents the legislature discontinues service in the legislature for any reason, he shall be dropped from membership on the board, and a vacancy will occur. The officers of the board shall be a chair, a vice chair, a secretary, a treasurer, and such additional officers as may be created by the board from time to time. The board shall meet annually and officers shall be elected to hold office until the next annual meeting. The board shall have the right to formulate and establish bylaws consistent with the provisions of this compact to govern its own actions in the performance of the duties delegated to it, including the right to create and appoint an executive committee and a finance committee with such powers and authority as the board may delegate to them from time to time. The board may, within its discretion, elect as its chair a person who is not a member of the board, provided such person resides within a signatory state, and upon such election such person shall become a member of the board with all the rights and privileges of such membership. It is the duty of the board to submit plans and recommendations to the states from time to time for their approval and adoption by appropriate legislative action for the development, establishment, acquisition, operation and maintenance of educational schools and institutions within the geographical limits of the regional area of the states, of such character and type and for such educational purposes, professional, technological, scientific, literary or otherwise, as they may deem and determine to be proper, necessary or advisable. Title to all such educational institutions when so established by appropriate legislative actions of the states and to all properties and facilities used in connection therewith shall be vested in the board as the agency of and for the use and benefit of the states and the citizens thereof, and all such educational institutions shall be operated, maintained and financed in the manner herein set out, subject to any provisions or limitations which may be contained in the legislative acts of the states authorizing the creation, establishment and operation of such educational institutions. In addition to the power and authority heretofore granted, the board shall have the power to enter into such agreements or arrangements with any of the states and with educational institutions or agencies, as may be required in the judgment of the board, to provide adequate services and facilities for graduate, professional, and technical education for the benefit of the citizens of the respective states residing within the region, and such additional and general power and authority as may be invested in the board from time to time by legislative enactment of the states. Any two (2) or more states who are parties of this compact shall have the right to enter into supplemental agreements providing for the establishment, financing and operation of regional educational institutions for the benefit of citizens residing within an area which constitutes a portion of the general region herein created, such institutions to be financed exclusively by such states and to be controlled exclusively by the members of the board representing such states, provided such agreement is submitted to and approved by the board prior to the establishment of such institutions. Each state agrees that, when authorized by the legislature, it will from time to time make available and pay over to the boards such funds as may be required for the establishment, acquisition, operation and maintenance of such regional educational institutions as may be authorized by the states under the terms of this compact, the contribution of each state at all times to be in the proportion that its population bears to the total combined population of the states who are parties hereto as shown from time to time by the most recent official published report of the bureau of census of the United States, or upon such other basis as may be agreed upon. This compact shall not take effect or be binding upon any state unless and until it shall be approved by proper legislative action of as many as six (6) or more of the states whose governors have subscribed hereto within a period of eighteen (18) months from the date hereof. When and if six (6) or more states shall have given legislative approval to this compact within the eighteen-month period, it shall be and become binding upon such six (6) or more states sixty (60) days after the date of legislative approval by the sixth state and the governors of such six (6) or more states shall forthwith name the members of the board from their states as hereinabove set out, and the board shall then meet on call of the governor of any state approving this compact, at which time the board shall elect officers, adopt bylaws, appoint committees and otherwise fully organize. Other states whose names are subscribed hereto shall thereafter become parties hereto upon approval of this compact by legislative action within two (2) years from the date hereof, upon such conditions as may be agreed upon at the time. With respect to any state whose constitution may require amendment in order to permit legislative approval of the compact, such state or states shall become parties hereto upon approval of this compact by legislative action within seven (7) years from the date hereof, upon such conditions as may be agreed upon at the time. After becoming effective, this compact shall thereafter continue without limitation of time; provided, that it may be terminated at any time by unanimous action of the states; and provided further, that any state may withdraw from this compact if such withdrawal is approved by its legislature, such withdrawal to become effective two (2) years after written notice thereof to the board accompanied by a certified copy of the requisite legislative action, but such withdrawal shall not relieve the withdrawing state from its obligations hereunder accruing up to the effective date of such withdrawal. Any state so withdrawing shall ipso facto cease to have any claim to or ownership of any of the property held or vested in the board or to any of the funds of the board held under the terms of this compact. If any state shall at any time become in default in the performance of any of its obligations assumed herein or with the respect to any obligation imposed upon the state as authorized by and in compliance with the terms and provisions of this compact, all rights, privileges and benefits of such defaulting state, its members on the board and its citizens shall ipso facto be and become suspended from and after the date of such default. Unless such default shall be remedied and made good within a period of one (1) year immediately following the date of such default, this compact may be terminated with respect to such defaulting state by an affirmative vote of three fourths (3/4) of the members of the board (exclusive of the members representing the state in default), from and after which time such state shall cease to be a party to this compact and shall have no further claim to or ownership of any of the property held by or vested in the board or to any of the funds of the board held under the terms of this compact, but such termination shall in no manner release such defaulting state from any accrued obligation or otherwise affect this compact or the rights, duties, privileges or obligations of the remaining states thereunder. IN WITNESS WHEREOF this compact has been approved and signed by the governors of the several states, subject to the approval of their respective legislatures in the manner hereinabove set out, as of the 8th day of February, 1948. Acts 1949, ch. 82, Preamble; C. Supp. 1950, § 2569.16 (Williams, § 2404.3); modified; Acts 1957, ch. 93, § 1; 1969, ch. 68, § 1; T.C.A. (orig. ed.), § 49-3601.
On February 8, 1948, the state of Tennessee and the states of Florida, Maryland, Georgia, Louisiana, Alabama, Mississippi, Arkansas, North Carolina, South Carolina, Texas, Oklahoma, West Virginia, and the commonwealth of Virginia, through and by their respective governors, entered into a written compact relative to the development and maintenance of regional educational services and schools in the southern states in the professional, technological, scientific, literary, and other fields, so as to provide greater educational advantages and facilities for the citizens of the several states who reside within such region.
The compact, as amended is as follows:
THE REGIONAL COMPACT
WHEREAS, the states who are parties hereto have during the past several years conducted a careful investigation looking toward the establishment and maintenance of jointly owned and operated regional educational institutions in the southern states in the professional, technological, scientific, literary and other fields, so as to provide greater educational advantages and facilities for the citizens of the several states who reside within such region; and
WHEREAS, Meharry Medical College, of Nashville, Tennessee, has proposed that its lands, buildings, equipment, and the net income from its endowment be turned over to the southern states, or to an agency acting in their behalf, to be operated as a regional institution for medical, dental and nursing education upon terms and conditions to be hereafter agreed upon between the southern states and Meharry Medical College, which proposal, because of the present financial condition of the institution, has been approved by the states who are parties hereto; and
WHEREAS, the states desire to enter into a compact with each other providing for the planning and establishment of regional educational facilities;
NOW, THEREFORE, in consideration of the mutual agreements, covenants and obligations assumed by the respective states who are parties hereto (hereinafter referred to as "states"), the several states do hereby form a geographical district or region consisting of the areas lying within the boundaries of the contracting states which, for the purposes of this compact, shall constitute an area for regional education supported by public funds derived from taxation by the constituent states and derived from other sources for the establishment, acquisition, operation and maintenance of regional educational schools and institutions for the benefit of citizens of the respective states residing within the region so established as may be determined from time to time in accordance with the terms and provisions of this compact.
The states do further hereby establish and create a joint agency which shall be known as the board of control for southern regional education (hereinafter referred to as the "board"), the members of which board shall consist of the governor of each state ex officio and four (4) additional citizens of each state to be appointed by the governor thereof, at least one (1) of whom shall be selected from the field of education, and at least one (1) of whom shall be a member of the legislature of the state. The governor shall continue as a member of the board during his tenure of office as governor of the state, but the members of the board appointed by the governor shall hold office for a period of four (4) years, except that in the original appointments one (1) board member so appointed by the governor shall be designated at the time of his appointment to serve an initial term of two (2) years, one (1) board member to serve an initial term of three (3) years, and the remaining board member to serve the full term of four (4) years, but thereafter the successor of each appointed board member shall serve the full term of four (4) years. Vacancies on the board caused by death, resignation, refusal or inability to serve shall be filled by appointment by the governor for the unexpired portion of the term. If the member of the board who represents the legislature discontinues service in the legislature for any reason, he shall be dropped from membership on the board, and a vacancy will occur. The officers of the board shall be a chair, a vice chair, a secretary, a treasurer, and such additional officers as may be created by the board from time to time. The board shall meet annually and officers shall be elected to hold office until the next annual meeting. The board shall have the right to formulate and establish bylaws consistent with the provisions of this compact to govern its own actions in the performance of the duties delegated to it, including the right to create and appoint an executive committee and a finance committee with such powers and authority as the board may delegate to them from time to time. The board may, within its discretion, elect as its chair a person who is not a member of the board, provided such person resides within a signatory state, and upon such election such person shall become a member of the board with all the rights and privileges of such membership.
It is the duty of the board to submit plans and recommendations to the states from time to time for their approval and adoption by appropriate legislative action for the development, establishment, acquisition, operation and maintenance of educational schools and institutions within the geographical limits of the regional area of the states, of such character and type and for such educational purposes, professional, technological, scientific, literary or otherwise, as they may deem and determine to be proper, necessary or advisable. Title to all such educational institutions when so established by appropriate legislative actions of the states and to all properties and facilities used in connection therewith shall be vested in the board as the agency of and for the use and benefit of the states and the citizens thereof, and all such educational institutions shall be operated, maintained and financed in the manner herein set out, subject to any provisions or limitations which may be contained in the legislative acts of the states authorizing the creation, establishment and operation of such educational institutions.
In addition to the power and authority heretofore granted, the board shall have the power to enter into such agreements or arrangements with any of the states and with educational institutions or agencies, as may be required in the judgment of the board, to provide adequate services and facilities for graduate, professional, and technical education for the benefit of the citizens of the respective states residing within the region, and such additional and general power and authority as may be invested in the board from time to time by legislative enactment of the states.
Any two (2) or more states who are parties of this compact shall have the right to enter into supplemental agreements providing for the establishment, financing and operation of regional educational institutions for the benefit of citizens residing within an area which constitutes a portion of the general region herein created, such institutions to be financed exclusively by such states and to be controlled exclusively by the members of the board representing such states, provided such agreement is submitted to and approved by the board prior to the establishment of such institutions.
Each state agrees that, when authorized by the legislature, it will from time to time make available and pay over to the boards such funds as may be required for the establishment, acquisition, operation and maintenance of such regional educational institutions as may be authorized by the states under the terms of this compact, the contribution of each state at all times to be in the proportion that its population bears to the total combined population of the states who are parties hereto as shown from time to time by the most recent official published report of the bureau of census of the United States, or upon such other basis as may be agreed upon.
This compact shall not take effect or be binding upon any state unless and until it shall be approved by proper legislative action of as many as six (6) or more of the states whose governors have subscribed hereto within a period of eighteen (18) months from the date hereof. When and if six (6) or more states shall have given legislative approval to this compact within the eighteen-month period, it shall be and become binding upon such six (6) or more states sixty (60) days after the date of legislative approval by the sixth state and the governors of such six (6) or more states shall forthwith name the members of the board from their states as hereinabove set out, and the board shall then meet on call of the governor of any state approving this compact, at which time the board shall elect officers, adopt bylaws, appoint committees and otherwise fully organize. Other states whose names are subscribed hereto shall thereafter become parties hereto upon approval of this compact by legislative action within two (2) years from the date hereof, upon such conditions as may be agreed upon at the time. With respect to any state whose constitution may require amendment in order to permit legislative approval of the compact, such state or states shall become parties hereto upon approval of this compact by legislative action within seven (7) years from the date hereof, upon such conditions as may be agreed upon at the time.
After becoming effective, this compact shall thereafter continue without limitation of time; provided, that it may be terminated at any time by unanimous action of the states; and provided further, that any state may withdraw from this compact if such withdrawal is approved by its legislature, such withdrawal to become effective two (2) years after written notice thereof to the board accompanied by a certified copy of the requisite legislative action, but such withdrawal shall not relieve the withdrawing state from its obligations hereunder accruing up to the effective date of such withdrawal. Any state so withdrawing shall ipso facto cease to have any claim to or ownership of any of the property held or vested in the board or to any of the funds of the board held under the terms of this compact.
If any state shall at any time become in default in the performance of any of its obligations assumed herein or with the respect to any obligation imposed upon the state as authorized by and in compliance with the terms and provisions of this compact, all rights, privileges and benefits of such defaulting state, its members on the board and its citizens shall ipso facto be and become suspended from and after the date of such default. Unless such default shall be remedied and made good within a period of one (1) year immediately following the date of such default, this compact may be terminated with respect to such defaulting state by an affirmative vote of three fourths (3/4) of the members of the board (exclusive of the members representing the state in default), from and after which time such state shall cease to be a party to this compact and shall have no further claim to or ownership of any of the property held by or vested in the board or to any of the funds of the board held under the terms of this compact, but such termination shall in no manner release such defaulting state from any accrued obligation or otherwise affect this compact or the rights, duties, privileges or obligations of the remaining states thereunder.
IN WITNESS WHEREOF this compact has been approved and signed by the governors of the several states, subject to the approval of their respective legislatures in the manner hereinabove set out, as of the 8th day of February, 1948.
Acts 1949, ch. 82, Preamble; C. Supp. 1950, § 2569.16 (Williams, § 2404.3); modified; Acts 1957, ch. 93, § 1; 1969, ch. 68, § 1; T.C.A. (orig. ed.), § 49-3601.
Tenn. Code Ann. § 49-2-501 — TN Code / Title 49 / Chapter 2 / Section 49-2-501
Abolishment of special school districts
Status: in_force

(a) (1) All special school districts that are not taxing districts are abolished. (2) Taxing districts that are not encumbered by debts or bonds may at any time, on ten (10) days' notice, hold an election, and upon the affirmative vote of a majority of the legal voters of such districts, abolish the taxing district or taxing districts and place the school or schools of the district under the management of the county board of education, and the county board shall become the successor of the taxing district board and shall administer the school or schools of the taxing district or districts as other county schools are administered by the board; provided, that the county election commission is so requested by at least twenty-five (25) legal voters of the taxing district; and provided, further, that the election in any taxing district shall be held according to the general method of holding elections as provided by law. (3) Any taxing district having outstanding financial obligations, such as warrants, notes or bonds for building, equipment or other improvement, may at any time after the discharge of the obligations become a part of the county system of public schools as provided in this section for taxing districts not encumbered by debts. (b) (1) (A) As of April 30, 1982, all special school districts in the counties affected by this section that are not currently operating schools or that do not have outstanding bonded indebtedness are abolished. Any special school district that is not recorded with the department of education as currently operating schools must prove to the satisfaction of the commissioner that it is operating a school system or has outstanding bonded indebtedness incurred prior to April 30, 1982. (B) Special school districts in the counties affected by this section that are not operating schools, but that have outstanding bonded indebtedness, are abolished upon repayment of the indebtedness. (C) Notwithstanding any other provision of this title, in those counties in which all students in grades kindergarten through twelve (K-12) are eligible to be served by city and special school systems, the county shall not be required to operate a separate county school system, nor shall it be necessary that a county school board be elected or otherwise constituted. (2) No additional special school districts may be created after April 30, 1982, but existing operating districts may merge or consolidate. This shall not affect the powers of cities under part 4 of this chapter if the county in which the city is located has fewer districts than those permitted in [former] subdivision (b)(1) [repealed]. (3) Any operating districts in a county in excess of the number permitted in [former] subdivision (b)(1) [repealed] are abolished on July 1, 1983, and shall be consolidated into not more than the permitted number of districts by July 1, 1983. This consolidation shall be accomplished in the following manner: (A) The districts that continue to operate in each county shall be the three (3) or six (6) largest, as applicable, in each county as of January 1, 1982, as determined from the average daily attendance figures previously submitted to the commissioner of education for the 1981-1982 school year; (B) (i) Any other district in a county may merge with any contiguous system that will continue to operate under subdivision (b)(3)(A). The merger shall occur no later than July 1, 1983, and shall be accomplished by majority vote of the board of education of the system to be abolished. The merger shall not be effective unless the board of education of the system with which merger is sought approves the merger by a majority vote of the board, and unless the city governing body by a majority vote approves the merger in the case of a merger with a city school system; (ii) If a district that will be abolished on July 1, 1983, has not merged into a continuing system by July 1, 1983, it shall be merged into the county system on that date; (C) The continuing system that acquires an abolished district by merger shall succeed to all funds, property and liabilities of the abolished district, specifically including repayment of all bonded indebtedness; (D) Any tax for current operation levied by a special school district abolished under this section shall, until the repeal of the private act authorizing such tax, be collected and turned over to the successor school system for the use and benefit of the schools formerly operated by the special school district; (E) Any city government that continues to levy a current operation school tax for the benefit of a school system abolished by this subsection (b) is authorized to turn such tax receipts over to the successor school system for the use and benefit of the schools formerly operated by the city; (F) This section shall not be construed to rescind, impair or affect any contracts in effect April 30, 1982, dealing with the operation or organization of schools in any affected county; and (G) Rights and privileges of teachers in districts merged, abolished, or consolidated pursuant to this section shall be protected as provided in § 49-5-203 and nothing in this section shall be construed to change or repeal § 49-5-203 . (4) Elementary schools operated by any school system abolished under this subsection (b) shall continue to be operated as elementary schools by the successor system following the abolishment of any system under this part; provided, that this shall not be construed to require the continuance of such schools if they should be destroyed or become unusable because of fire or safety violations or should fail to meet the minimum standards of the state board of education. (5) The county board of education of any county affected by this subsection (b) shall include persons representing and residing in the area served by every school district that is abolished under this part in the same percentage that such districts relate to the total number of public school systems in such county. (6) In the event of consolidation of districts in accordance with this subsection (b), the consolidated system shall continue to operate grades kindergarten through eight (K-8) by local instruction in local school buildings. This subdivision (b)(6) shall only apply to counties having a population of not less than fourteen thousand nine hundred forty (14,940) nor more than fifteen thousand (15,000), according to the 1980 federal census or any subsequent federal census. (c) In any county affected by subsection (b), the authority of the boards of education or municipal governments to rescind or withdraw from any contract in effect on February 1, 1982, relative to the operation of high schools as defined in § 49-6-401 or waiving their rights to high school bond proceeds, or waiving their share of proceeds of sales taxes levied to liquidate debts incurred for high schools, is removed. High schools in districts abolished by subsection (b) shall continue to be operated by their respective boards of education until abolition. Amended by 2013 Tenn. Acts, ch. 292, s 1, eff. 4/29/2013. Acts 1925, ch. 115, § 33; Shan. Supp., § 1487a191; Code 1932, § 2514; Acts 1982, ch. 907, §§ 1, 2; T.C.A. (orig. ed.), § 49-402; Acts 1984, ch. 980, § 1; 2002, ch. 770, § 2.
(a) (1) All special school districts that are not taxing districts are abolished. (2) Taxing districts that are not encumbered by debts or bonds may at any time, on ten (10) days' notice, hold an election, and upon the affirmative vote of a majority of the legal voters of such districts, abolish the taxing district or taxing districts and place the school or schools of the district under the management of the county board of education, and the county board shall become the successor of the taxing district board and shall administer the school or schools of the taxing district or districts as other county schools are administered by the board; provided, that the county election commission is so requested by at least twenty-five (25) legal voters of the taxing district; and provided, further, that the election in any taxing district shall be held according to the general method of holding elections as provided by law. (3) Any taxing district having outstanding financial obligations, such as warrants, notes or bonds for building, equipment or other improvement, may at any time after the discharge of the obligations become a part of the county system of public schools as provided in this section for taxing districts not encumbered by debts.
(1) All special school districts that are not taxing districts are abolished.
(2) Taxing districts that are not encumbered by debts or bonds may at any time, on ten (10) days' notice, hold an election, and upon the affirmative vote of a majority of the legal voters of such districts, abolish the taxing district or taxing districts and place the school or schools of the district under the management of the county board of education, and the county board shall become the successor of the taxing district board and shall administer the school or schools of the taxing district or districts as other county schools are administered by the board; provided, that the county election commission is so requested by at least twenty-five (25) legal voters of the taxing district; and provided, further, that the election in any taxing district shall be held according to the general method of holding elections as provided by law.
(3) Any taxing district having outstanding financial obligations, such as warrants, notes or bonds for building, equipment or other improvement, may at any time after the discharge of the obligations become a part of the county system of public schools as provided in this section for taxing districts not encumbered by debts.
(b) (1) (A) As of April 30, 1982, all special school districts in the counties affected by this section that are not currently operating schools or that do not have outstanding bonded indebtedness are abolished. Any special school district that is not recorded with the department of education as currently operating schools must prove to the satisfaction of the commissioner that it is operating a school system or has outstanding bonded indebtedness incurred prior to April 30, 1982. (B) Special school districts in the counties affected by this section that are not operating schools, but that have outstanding bonded indebtedness, are abolished upon repayment of the indebtedness. (C) Notwithstanding any other provision of this title, in those counties in which all students in grades kindergarten through twelve (K-12) are eligible to be served by city and special school systems, the county shall not be required to operate a separate county school system, nor shall it be necessary that a county school board be elected or otherwise constituted. (2) No additional special school districts may be created after April 30, 1982, but existing operating districts may merge or consolidate. This shall not affect the powers of cities under part 4 of this chapter if the county in which the city is located has fewer districts than those permitted in [former] subdivision (b)(1) [repealed]. (3) Any operating districts in a county in excess of the number permitted in [former] subdivision (b)(1) [repealed] are abolished on July 1, 1983, and shall be consolidated into not more than the permitted number of districts by July 1, 1983. This consolidation shall be accomplished in the following manner: (A) The districts that continue to operate in each county shall be the three (3) or six (6) largest, as applicable, in each county as of January 1, 1982, as determined from the average daily attendance figures previously submitted to the commissioner of education for the 1981-1982 school year; (B) (i) Any other district in a county may merge with any contiguous system that will continue to operate under subdivision (b)(3)(A). The merger shall occur no later than July 1, 1983, and shall be accomplished by majority vote of the board of education of the system to be abolished. The merger shall not be effective unless the board of education of the system with which merger is sought approves the merger by a majority vote of the board, and unless the city governing body by a majority vote approves the merger in the case of a merger with a city school system; (ii) If a district that will be abolished on July 1, 1983, has not merged into a continuing system by July 1, 1983, it shall be merged into the county system on that date; (C) The continuing system that acquires an abolished district by merger shall succeed to all funds, property and liabilities of the abolished district, specifically including repayment of all bonded indebtedness; (D) Any tax for current operation levied by a special school district abolished under this section shall, until the repeal of the private act authorizing such tax, be collected and turned over to the successor school system for the use and benefit of the schools formerly operated by the special school district; (E) Any city government that continues to levy a current operation school tax for the benefit of a school system abolished by this subsection (b) is authorized to turn such tax receipts over to the successor school system for the use and benefit of the schools formerly operated by the city; (F) This section shall not be construed to rescind, impair or affect any contracts in effect April 30, 1982, dealing with the operation or organization of schools in any affected county; and (G) Rights and privileges of teachers in districts merged, abolished, or consolidated pursuant to this section shall be protected as provided in § 49-5-203 and nothing in this section shall be construed to change or repeal § 49-5-203 . (4) Elementary schools operated by any school system abolished under this subsection (b) shall continue to be operated as elementary schools by the successor system following the abolishment of any system under this part; provided, that this shall not be construed to require the continuance of such schools if they should be destroyed or become unusable because of fire or safety violations or should fail to meet the minimum standards of the state board of education. (5) The county board of education of any county affected by this subsection (b) shall include persons representing and residing in the area served by every school district that is abolished under this part in the same percentage that such districts relate to the total number of public school systems in such county. (6) In the event of consolidation of districts in accordance with this subsection (b), the consolidated system shall continue to operate grades kindergarten through eight (K-8) by local instruction in local school buildings. This subdivision (b)(6) shall only apply to counties having a population of not less than fourteen thousand nine hundred forty (14,940) nor more than fifteen thousand (15,000), according to the 1980 federal census or any subsequent federal census.
(1) (A) As of April 30, 1982, all special school districts in the counties affected by this section that are not currently operating schools or that do not have outstanding bonded indebtedness are abolished. Any special school district that is not recorded with the department of education as currently operating schools must prove to the satisfaction of the commissioner that it is operating a school system or has outstanding bonded indebtedness incurred prior to April 30, 1982. (B) Special school districts in the counties affected by this section that are not operating schools, but that have outstanding bonded indebtedness, are abolished upon repayment of the indebtedness. (C) Notwithstanding any other provision of this title, in those counties in which all students in grades kindergarten through twelve (K-12) are eligible to be served by city and special school systems, the county shall not be required to operate a separate county school system, nor shall it be necessary that a county school board be elected or otherwise constituted.
(A) As of April 30, 1982, all special school districts in the counties affected by this section that are not currently operating schools or that do not have outstanding bonded indebtedness are abolished. Any special school district that is not recorded with the department of education as currently operating schools must prove to the satisfaction of the commissioner that it is operating a school system or has outstanding bonded indebtedness incurred prior to April 30, 1982.
(B) Special school districts in the counties affected by this section that are not operating schools, but that have outstanding bonded indebtedness, are abolished upon repayment of the indebtedness.
(C) Notwithstanding any other provision of this title, in those counties in which all students in grades kindergarten through twelve (K-12) are eligible to be served by city and special school systems, the county shall not be required to operate a separate county school system, nor shall it be necessary that a county school board be elected or otherwise constituted.
(2) No additional special school districts may be created after April 30, 1982, but existing operating districts may merge or consolidate. This shall not affect the powers of cities under part 4 of this chapter if the county in which the city is located has fewer districts than those permitted in [former] subdivision (b)(1) [repealed].
(3) Any operating districts in a county in excess of the number permitted in [former] subdivision (b)(1) [repealed] are abolished on July 1, 1983, and shall be consolidated into not more than the permitted number of districts by July 1, 1983. This consolidation shall be accomplished in the following manner: (A) The districts that continue to operate in each county shall be the three (3) or six (6) largest, as applicable, in each county as of January 1, 1982, as determined from the average daily attendance figures previously submitted to the commissioner of education for the 1981-1982 school year; (B) (i) Any other district in a county may merge with any contiguous system that will continue to operate under subdivision (b)(3)(A). The merger shall occur no later than July 1, 1983, and shall be accomplished by majority vote of the board of education of the system to be abolished. The merger shall not be effective unless the board of education of the system with which merger is sought approves the merger by a majority vote of the board, and unless the city governing body by a majority vote approves the merger in the case of a merger with a city school system; (ii) If a district that will be abolished on July 1, 1983, has not merged into a continuing system by July 1, 1983, it shall be merged into the county system on that date; (C) The continuing system that acquires an abolished district by merger shall succeed to all funds, property and liabilities of the abolished district, specifically including repayment of all bonded indebtedness; (D) Any tax for current operation levied by a special school district abolished under this section shall, until the repeal of the private act authorizing such tax, be collected and turned over to the successor school system for the use and benefit of the schools formerly operated by the special school district; (E) Any city government that continues to levy a current operation school tax for the benefit of a school system abolished by this subsection (b) is authorized to turn such tax receipts over to the successor school system for the use and benefit of the schools formerly operated by the city; (F) This section shall not be construed to rescind, impair or affect any contracts in effect April 30, 1982, dealing with the operation or organization of schools in any affected county; and (G) Rights and privileges of teachers in districts merged, abolished, or consolidated pursuant to this section shall be protected as provided in § 49-5-203 and nothing in this section shall be construed to change or repeal § 49-5-203 .
(A) The districts that continue to operate in each county shall be the three (3) or six (6) largest, as applicable, in each county as of January 1, 1982, as determined from the average daily attendance figures previously submitted to the commissioner of education for the 1981-1982 school year;
(B) (i) Any other district in a county may merge with any contiguous system that will continue to operate under subdivision (b)(3)(A). The merger shall occur no later than July 1, 1983, and shall be accomplished by majority vote of the board of education of the system to be abolished. The merger shall not be effective unless the board of education of the system with which merger is sought approves the merger by a majority vote of the board, and unless the city governing body by a majority vote approves the merger in the case of a merger with a city school system; (ii) If a district that will be abolished on July 1, 1983, has not merged into a continuing system by July 1, 1983, it shall be merged into the county system on that date;
(i) Any other district in a county may merge with any contiguous system that will continue to operate under subdivision (b)(3)(A). The merger shall occur no later than July 1, 1983, and shall be accomplished by majority vote of the board of education of the system to be abolished. The merger shall not be effective unless the board of education of the system with which merger is sought approves the merger by a majority vote of the board, and unless the city governing body by a majority vote approves the merger in the case of a merger with a city school system;
(ii) If a district that will be abolished on July 1, 1983, has not merged into a continuing system by July 1, 1983, it shall be merged into the county system on that date;
(C) The continuing system that acquires an abolished district by merger shall succeed to all funds, property and liabilities of the abolished district, specifically including repayment of all bonded indebtedness;
(D) Any tax for current operation levied by a special school district abolished under this section shall, until the repeal of the private act authorizing such tax, be collected and turned over to the successor school system for the use and benefit of the schools formerly operated by the special school district;
(E) Any city government that continues to levy a current operation school tax for the benefit of a school system abolished by this subsection (b) is authorized to turn such tax receipts over to the successor school system for the use and benefit of the schools formerly operated by the city;
(F) This section shall not be construed to rescind, impair or affect any contracts in effect April 30, 1982, dealing with the operation or organization of schools in any affected county; and
(G) Rights and privileges of teachers in districts merged, abolished, or consolidated pursuant to this section shall be protected as provided in § 49-5-203 and nothing in this section shall be construed to change or repeal § 49-5-203 .
(4) Elementary schools operated by any school system abolished under this subsection (b) shall continue to be operated as elementary schools by the successor system following the abolishment of any system under this part; provided, that this shall not be construed to require the continuance of such schools if they should be destroyed or become unusable because of fire or safety violations or should fail to meet the minimum standards of the state board of education.
(5) The county board of education of any county affected by this subsection (b) shall include persons representing and residing in the area served by every school district that is abolished under this part in the same percentage that such districts relate to the total number of public school systems in such county.
(6) In the event of consolidation of districts in accordance with this subsection (b), the consolidated system shall continue to operate grades kindergarten through eight (K-8) by local instruction in local school buildings. This subdivision (b)(6) shall only apply to counties having a population of not less than fourteen thousand nine hundred forty (14,940) nor more than fifteen thousand (15,000), according to the 1980 federal census or any subsequent federal census.
(c) In any county affected by subsection (b), the authority of the boards of education or municipal governments to rescind or withdraw from any contract in effect on February 1, 1982, relative to the operation of high schools as defined in § 49-6-401 or waiving their rights to high school bond proceeds, or waiving their share of proceeds of sales taxes levied to liquidate debts incurred for high schools, is removed. High schools in districts abolished by subsection (b) shall continue to be operated by their respective boards of education until abolition.
Amended by 2013 Tenn. Acts, ch. 292, s 1, eff. 4/29/2013.
Acts 1925, ch. 115, § 33; Shan. Supp., § 1487a191; Code 1932, § 2514; Acts 1982, ch. 907, §§ 1, 2; T.C.A. (orig. ed.), § 49-402; Acts 1984, ch. 980, § 1; 2002, ch. 770, § 2.
Tenn. Code Ann. § 49-9-404 — TN Code / Title 49 / Chapter 9 / Section 49-9-404
Residential building inspection assistance
Status: in_force

(a) The University of Tennessee, through the Institute for Public Service, may provide assistance to local governments for residential building inspection programs. (b) Assistance shall be provided on both the technical and financial levels with regard to the administration of inspection services and enforcement of building and housing codes. (c) Training programs for the personnel to staff local building inspection services, as well as minimum staffing requirements, shall be established for all local governments aided under this section. Acts 1974, ch. 789, § 1; T.C.A., § 49-3359.
(a) The University of Tennessee, through the Institute for Public Service, may provide assistance to local governments for residential building inspection programs.
(b) Assistance shall be provided on both the technical and financial levels with regard to the administration of inspection services and enforcement of building and housing codes.
(c) Training programs for the personnel to staff local building inspection services, as well as minimum staffing requirements, shall be established for all local governments aided under this section.
Acts 1974, ch. 789, § 1; T.C.A., § 49-3359.
Tenn. Code Ann. § 49-2-133 — TN Code / Title 49 / Chapter 2 / Section 49-2-133
Development of policy to implement program to reduce potential sources of lead contamination in drinking water in public schools - Periodic testing
Status: in_force

(a) (1) Each local board of education shall develop a policy to implement a program to reduce the potential sources of lead contamination in drinking water in public schools that incorporates, at a minimum, periodic, not to exceed biennial, testing of lead levels in drinking water sources at school facilities that were constructed prior to January 1, 1998, utilizing samples consisting of the first two hundred fifty milliliters (250 mL) drawn of water that has been standing in plumbing overnight to identify lead levels. School facilities that were constructed on or after January 1, 1998, may conduct periodic testing under this section. (2) If the result of a lead level test conducted under subdivision (a)(1) exceeds fifteen parts per billion (15 ppb) but is less than twenty parts per billion (20 ppb), the school shall conduct lead level tests on an annual basis until retesting confirms that the level is less than fifteen parts per billion (15 ppb). (3) If the result of a lead level test conducted under subdivision (a)(1) is equal to or exceeds twenty parts per billion (20 ppb), the school shall: (A) Immediately remove the drinking water source from service. The drinking water source shall remain unavailable for use until subsequent retesting under subdivision (a)(3)(C) confirms the lead level of water from the source does not exceed twenty parts per billion (20 ppb); (B) Notify: (i) The commissioner of environment and conservation, the commissioner of health, the local department of health, the local governing body, and the department of education within twenty-four (24) hours of the test result; and (ii) The parents and guardians of students enrolled at the school, in accordance with a notification policy developed by the local board of education, within five (5) business days of the test result; and (C) Retest the lead level of the drinking water source within ninety (90) days of any corrective action. (b) Each LEA shall comply with the policy created by its local board of education under subsection (a). Acts 2018, ch. 977, § 1.
(a) (1) Each local board of education shall develop a policy to implement a program to reduce the potential sources of lead contamination in drinking water in public schools that incorporates, at a minimum, periodic, not to exceed biennial, testing of lead levels in drinking water sources at school facilities that were constructed prior to January 1, 1998, utilizing samples consisting of the first two hundred fifty milliliters (250 mL) drawn of water that has been standing in plumbing overnight to identify lead levels. School facilities that were constructed on or after January 1, 1998, may conduct periodic testing under this section. (2) If the result of a lead level test conducted under subdivision (a)(1) exceeds fifteen parts per billion (15 ppb) but is less than twenty parts per billion (20 ppb), the school shall conduct lead level tests on an annual basis until retesting confirms that the level is less than fifteen parts per billion (15 ppb). (3) If the result of a lead level test conducted under subdivision (a)(1) is equal to or exceeds twenty parts per billion (20 ppb), the school shall: (A) Immediately remove the drinking water source from service. The drinking water source shall remain unavailable for use until subsequent retesting under subdivision (a)(3)(C) confirms the lead level of water from the source does not exceed twenty parts per billion (20 ppb); (B) Notify: (i) The commissioner of environment and conservation, the commissioner of health, the local department of health, the local governing body, and the department of education within twenty-four (24) hours of the test result; and (ii) The parents and guardians of students enrolled at the school, in accordance with a notification policy developed by the local board of education, within five (5) business days of the test result; and (C) Retest the lead level of the drinking water source within ninety (90) days of any corrective action.
(1) Each local board of education shall develop a policy to implement a program to reduce the potential sources of lead contamination in drinking water in public schools that incorporates, at a minimum, periodic, not to exceed biennial, testing of lead levels in drinking water sources at school facilities that were constructed prior to January 1, 1998, utilizing samples consisting of the first two hundred fifty milliliters (250 mL) drawn of water that has been standing in plumbing overnight to identify lead levels. School facilities that were constructed on or after January 1, 1998, may conduct periodic testing under this section.
(2) If the result of a lead level test conducted under subdivision (a)(1) exceeds fifteen parts per billion (15 ppb) but is less than twenty parts per billion (20 ppb), the school shall conduct lead level tests on an annual basis until retesting confirms that the level is less than fifteen parts per billion (15 ppb).
(3) If the result of a lead level test conducted under subdivision (a)(1) is equal to or exceeds twenty parts per billion (20 ppb), the school shall: (A) Immediately remove the drinking water source from service. The drinking water source shall remain unavailable for use until subsequent retesting under subdivision (a)(3)(C) confirms the lead level of water from the source does not exceed twenty parts per billion (20 ppb); (B) Notify: (i) The commissioner of environment and conservation, the commissioner of health, the local department of health, the local governing body, and the department of education within twenty-four (24) hours of the test result; and (ii) The parents and guardians of students enrolled at the school, in accordance with a notification policy developed by the local board of education, within five (5) business days of the test result; and (C) Retest the lead level of the drinking water source within ninety (90) days of any corrective action.
(A) Immediately remove the drinking water source from service. The drinking water source shall remain unavailable for use until subsequent retesting under subdivision (a)(3)(C) confirms the lead level of water from the source does not exceed twenty parts per billion (20 ppb);
(B) Notify: (i) The commissioner of environment and conservation, the commissioner of health, the local department of health, the local governing body, and the department of education within twenty-four (24) hours of the test result; and (ii) The parents and guardians of students enrolled at the school, in accordance with a notification policy developed by the local board of education, within five (5) business days of the test result; and
(i) The commissioner of environment and conservation, the commissioner of health, the local department of health, the local governing body, and the department of education within twenty-four (24) hours of the test result; and
(ii) The parents and guardians of students enrolled at the school, in accordance with a notification policy developed by the local board of education, within five (5) business days of the test result; and
(C) Retest the lead level of the drinking water source within ninety (90) days of any corrective action.
(b) Each LEA shall comply with the policy created by its local board of education under subsection (a).
Acts 2018, ch. 977, § 1.
Tenn. Code Ann. § 49-50-1603 — TN Code / Title 49 / Chapter 50 / Section 49-50-1603
Administration of medicine that treats adrenal insufficiency
Status: in_force

(a) As used in this section, unless the context requires otherwise: (1) "Adrenal crisis" means a sudden, severe worsening of symptoms associated with adrenal insufficiency, such as severe pain in the lower back, abdomen or legs, vomiting, diarrhea, dehydration, low blood pressure, or loss of consciousness; (2) "Adrenal insufficiency" means a hormonal disorder that occurs when the adrenal glands do not produce enough adrenal hormones; (3) "Nurse practitioner" means a nurse practitioner licensed under title 63, chapter 7; and (4) "Physician" means a physician licensed under title 63, chapter 6 or 9. (b) (1) The state board of education, in consultation with the department of health, the board of nursing, the board of pharmacy, and the department of children's services, shall adopt rules for the administration of medication that treats adrenal insufficiency by school personnel trained in accordance with this section to any student on school premises whose parent or guardian has provided for the personnel the medication in accordance with subsection (e) and who the personnel believe in good faith is experiencing an adrenal crisis. (2) Rules adopted under this subsection (b) must: (A) Include guidelines on the designation and training of school personnel who will be responsible for administering medication; and (B) Specify that a local education agency (LEA) is only required to train school personnel when the LEA has been notified by a parent or guardian that a student in a school of the LEA has been diagnosed with adrenal insufficiency. (c) (1) Each LEA board shall adopt policies and procedures that provide for the administration of medications that treat adrenal insufficiency. (2) Policies and procedures adopted under subdivision (c)(1) shall be consistent with the rules adopted by the state board of education under subsection (b). An LEA board shall not require school personnel who have not received appropriate training to administer medication. (d) Educational training on the treatment of adrenal insufficiency, as required by this section, shall be conducted under the supervision of a physician or nurse practitioner. The training may be conducted by any other health care professional licensed under title 63 as delegated by a supervising physician or nurse practitioner. The curricula shall include, at a minimum, the following subjects: (1) General information about adrenal insufficiency and the dangers associated with adrenal insufficiency; (2) Recognition of the symptoms of a person who is experiencing an adrenal crisis; (3) The types of medications that are available for treating adrenal insufficiency; and (4) Proper administration of medications that treat adrenal insufficiency. (e) A person who has successfully completed educational training in the treatment of adrenal insufficiency as described in subsection (d) may receive from the parent or guardian of a student a medication that treats adrenal insufficiency and that is prescribed by a health care professional who has appropriate prescriptive privileges and is licensed under title 63, as well as the necessary paraphernalia for administration. The person may possess the medication and administer the medication to the student for whom the medication is prescribed if the student is suffering an adrenal crisis in an emergency situation when a licensed health care professional is not immediately available. (f) An LEA employee administering the medication or performing healthcare procedures related to the administration of medication that treats adrenal insufficiency and a board of education authorizing the administration of medications or the performance of healthcare procedures related to adrenal insufficiency shall not be liable in any court of law for injury resulting from the administration of such medication or the performance of any related healthcare procedure if administered or performed in accordance with this section. Added by 2017 Tenn. Acts, ch. 84,s 1, eff. 7/1/2017.
(a) As used in this section, unless the context requires otherwise: (1) "Adrenal crisis" means a sudden, severe worsening of symptoms associated with adrenal insufficiency, such as severe pain in the lower back, abdomen or legs, vomiting, diarrhea, dehydration, low blood pressure, or loss of consciousness; (2) "Adrenal insufficiency" means a hormonal disorder that occurs when the adrenal glands do not produce enough adrenal hormones; (3) "Nurse practitioner" means a nurse practitioner licensed under title 63, chapter 7; and (4) "Physician" means a physician licensed under title 63, chapter 6 or 9.
(1) "Adrenal crisis" means a sudden, severe worsening of symptoms associated with adrenal insufficiency, such as severe pain in the lower back, abdomen or legs, vomiting, diarrhea, dehydration, low blood pressure, or loss of consciousness;
(2) "Adrenal insufficiency" means a hormonal disorder that occurs when the adrenal glands do not produce enough adrenal hormones;
(3) "Nurse practitioner" means a nurse practitioner licensed under title 63, chapter 7; and
(4) "Physician" means a physician licensed under title 63, chapter 6 or 9.
(b) (1) The state board of education, in consultation with the department of health, the board of nursing, the board of pharmacy, and the department of children's services, shall adopt rules for the administration of medication that treats adrenal insufficiency by school personnel trained in accordance with this section to any student on school premises whose parent or guardian has provided for the personnel the medication in accordance with subsection (e) and who the personnel believe in good faith is experiencing an adrenal crisis. (2) Rules adopted under this subsection (b) must: (A) Include guidelines on the designation and training of school personnel who will be responsible for administering medication; and (B) Specify that a local education agency (LEA) is only required to train school personnel when the LEA has been notified by a parent or guardian that a student in a school of the LEA has been diagnosed with adrenal insufficiency.
(1) The state board of education, in consultation with the department of health, the board of nursing, the board of pharmacy, and the department of children's services, shall adopt rules for the administration of medication that treats adrenal insufficiency by school personnel trained in accordance with this section to any student on school premises whose parent or guardian has provided for the personnel the medication in accordance with subsection (e) and who the personnel believe in good faith is experiencing an adrenal crisis.
(2) Rules adopted under this subsection (b) must: (A) Include guidelines on the designation and training of school personnel who will be responsible for administering medication; and (B) Specify that a local education agency (LEA) is only required to train school personnel when the LEA has been notified by a parent or guardian that a student in a school of the LEA has been diagnosed with adrenal insufficiency.
(A) Include guidelines on the designation and training of school personnel who will be responsible for administering medication; and
(B) Specify that a local education agency (LEA) is only required to train school personnel when the LEA has been notified by a parent or guardian that a student in a school of the LEA has been diagnosed with adrenal insufficiency.
(c) (1) Each LEA board shall adopt policies and procedures that provide for the administration of medications that treat adrenal insufficiency. (2) Policies and procedures adopted under subdivision (c)(1) shall be consistent with the rules adopted by the state board of education under subsection (b). An LEA board shall not require school personnel who have not received appropriate training to administer medication.
(1) Each LEA board shall adopt policies and procedures that provide for the administration of medications that treat adrenal insufficiency.
(2) Policies and procedures adopted under subdivision (c)(1) shall be consistent with the rules adopted by the state board of education under subsection (b). An LEA board shall not require school personnel who have not received appropriate training to administer medication.
(d) Educational training on the treatment of adrenal insufficiency, as required by this section, shall be conducted under the supervision of a physician or nurse practitioner. The training may be conducted by any other health care professional licensed under title 63 as delegated by a supervising physician or nurse practitioner. The curricula shall include, at a minimum, the following subjects: (1) General information about adrenal insufficiency and the dangers associated with adrenal insufficiency; (2) Recognition of the symptoms of a person who is experiencing an adrenal crisis; (3) The types of medications that are available for treating adrenal insufficiency; and (4) Proper administration of medications that treat adrenal insufficiency.
(1) General information about adrenal insufficiency and the dangers associated with adrenal insufficiency;
(2) Recognition of the symptoms of a person who is experiencing an adrenal crisis;
(3) The types of medications that are available for treating adrenal insufficiency; and
(4) Proper administration of medications that treat adrenal insufficiency.
(e) A person who has successfully completed educational training in the treatment of adrenal insufficiency as described in subsection (d) may receive from the parent or guardian of a student a medication that treats adrenal insufficiency and that is prescribed by a health care professional who has appropriate prescriptive privileges and is licensed under title 63, as well as the necessary paraphernalia for administration. The person may possess the medication and administer the medication to the student for whom the medication is prescribed if the student is suffering an adrenal crisis in an emergency situation when a licensed health care professional is not immediately available.
(f) An LEA employee administering the medication or performing healthcare procedures related to the administration of medication that treats adrenal insufficiency and a board of education authorizing the administration of medications or the performance of healthcare procedures related to adrenal insufficiency shall not be liable in any court of law for injury resulting from the administration of such medication or the performance of any related healthcare procedure if administered or performed in accordance with this section.
Added by 2017 Tenn. Acts, ch. 84,s 1, eff. 7/1/2017.
Tenn. Code Ann. § 49-6-4208 — TN Code / Title 49 / Chapter 6 / Section 49-6-4208
Use of animals
Status: in_force

To facilitate a search that is found to be necessary, dogs or other animals trained to detect drugs or dangerous weapons by odor or otherwise may be used in conducting searches, but the animals shall be used only to pinpoint areas needed to be searched and shall not be used to search the persons of students or visitors. Acts 1981, ch. 368, § 2; T.C.A., § 49-9-409 ; Acts 1994, ch. 636, §§ 10, 11.
To facilitate a search that is found to be necessary, dogs or other animals trained to detect drugs or dangerous weapons by odor or otherwise may be used in conducting searches, but the animals shall be used only to pinpoint areas needed to be searched and shall not be used to search the persons of students or visitors.
Acts 1981, ch. 368, § 2; T.C.A., § 49-9-409 ; Acts 1994, ch. 636, §§ 10, 11.
Tenn. Code Ann. § 49-2-303 — TN Code / Title 49 / Chapter 2 / Section 49-2-303
School principals
Status: in_force

(a) (1) Each director of schools shall employ principals for the public schools. The employment contract with each principal shall be in writing, shall not exceed the contract term of the current director of schools, and may be renewed. The contract shall specify duties other than those prescribed by statute and shall contain performance standards including the requirement that the principal's annual evaluation be based on student achievement data, with a significant portion, as defined by the guidelines and criteria adopted by the board in accordance with § 49-1-302(d)(2) , being student growth data as reflected in teacher effect data and Tennessee Value-Added Assessment System (TVAAS) data, as such data is developed pursuant to chapter 1, part 6 of this title. Other standards that may be considered in the evaluation shall include, but not be limited to, other benchmarks for student proficiency, graduation rates, ACT scores where applicable and student attendance. The contract shall provide for consequences when the standards are not met. The performance contract may provide for bonuses beyond base salary, if performance standards are met or exceeded. Reasons for the nonrenewal of a contract may include, but are not limited to, inadequate performance as determined by the evaluations. A principal who has tenure as a teacher shall retain all rights of such status, expressly including those specified in § 49-5-510 . (2) The recommendation and employment shall be without discrimination on account of age, race, sex or creed. (3) The individual designated as principal shall hold a valid license as approved by the state board of education for the type of school to which assigned. (b) It is the duty of the principal to: (1) Supervise the operation and management of the personnel and facilities of the school or schools of which the principal is principal as the local board of education determines; (2) Assume administrative responsibility and instructional leadership under the supervision of the director of schools and in accordance with the written policies of the local board of education for the planning, management, operation and evaluation of the education program of the schools to which assigned; (3) Submit recommendations to the director of schools regarding the appointment and dismissal of all personnel assigned to the school or schools under the principal's care, and make decisions regarding the specific duties of all personnel assigned to the school or schools under the principal's care; provided, that the duties of teachers shall be within their area of licensure and consistent with the policies, rules or contracts of the board of education; (4) Administer and implement the school behavior and discipline code and require guest passes for all persons other than enrolled students and employees of the school; (5) Perform such other duties as may be assigned by the director of schools pursuant to the written policies of the local board of education; (6) Observe all other rules and regulations relative to the operation of public schools as established by law and as contained in the rules, regulations and minimum standards of the state board of education; (7) (A) Assign educational assistants to noninstructional supervision of students, which may include, but is not limited to: (i) Lunchroom duty; (ii) Bus duty; (iii) Recess or playground duty; (iv) Before or after school duty; or (v) Other related duties; (B) The board of education shall specifically authorize such use of educational assistants in written school board policy and shall indemnify educational assistants in the performance of their duties; and (8) Prepare, annually, a budget request for the school under the principal's care and submit the budget request to the director of schools. The budget request shall set forth a plan for the cost of operation of the school for the school year beginning July 1, following, or on such date as otherwise provided by charter or act of the legislature, public or private. Upon approval of the LEA's budget, the director of schools shall assign to each principal the responsibility for and authority over the cost of operation of the principal's school. (c) Principals are encouraged to improve school security by limiting school access during school hours to monitored entrances. Acts 1974, ch. 542, §§ 1, 2; 1983, ch. 362, § 2; T.C.A., §§ 49-253, 49-254; Acts 1989, ch. 199, § 3; 1990, ch. 948, § 4; 1992, ch. 535, §§ 17, 18; 1996, ch. 988, § 10; 2007 , ch. 376, §§ 3, 4; 2010 (1st Ex. Sess.), ch. 2, § 11.
(a) (1) Each director of schools shall employ principals for the public schools. The employment contract with each principal shall be in writing, shall not exceed the contract term of the current director of schools, and may be renewed. The contract shall specify duties other than those prescribed by statute and shall contain performance standards including the requirement that the principal's annual evaluation be based on student achievement data, with a significant portion, as defined by the guidelines and criteria adopted by the board in accordance with § 49-1-302(d)(2) , being student growth data as reflected in teacher effect data and Tennessee Value-Added Assessment System (TVAAS) data, as such data is developed pursuant to chapter 1, part 6 of this title. Other standards that may be considered in the evaluation shall include, but not be limited to, other benchmarks for student proficiency, graduation rates, ACT scores where applicable and student attendance. The contract shall provide for consequences when the standards are not met. The performance contract may provide for bonuses beyond base salary, if performance standards are met or exceeded. Reasons for the nonrenewal of a contract may include, but are not limited to, inadequate performance as determined by the evaluations. A principal who has tenure as a teacher shall retain all rights of such status, expressly including those specified in § 49-5-510 . (2) The recommendation and employment shall be without discrimination on account of age, race, sex or creed. (3) The individual designated as principal shall hold a valid license as approved by the state board of education for the type of school to which assigned.
(1) Each director of schools shall employ principals for the public schools. The employment contract with each principal shall be in writing, shall not exceed the contract term of the current director of schools, and may be renewed. The contract shall specify duties other than those prescribed by statute and shall contain performance standards including the requirement that the principal's annual evaluation be based on student achievement data, with a significant portion, as defined by the guidelines and criteria adopted by the board in accordance with § 49-1-302(d)(2) , being student growth data as reflected in teacher effect data and Tennessee Value-Added Assessment System (TVAAS) data, as such data is developed pursuant to chapter 1, part 6 of this title. Other standards that may be considered in the evaluation shall include, but not be limited to, other benchmarks for student proficiency, graduation rates, ACT scores where applicable and student attendance. The contract shall provide for consequences when the standards are not met. The performance contract may provide for bonuses beyond base salary, if performance standards are met or exceeded. Reasons for the nonrenewal of a contract may include, but are not limited to, inadequate performance as determined by the evaluations. A principal who has tenure as a teacher shall retain all rights of such status, expressly including those specified in § 49-5-510 .
(2) The recommendation and employment shall be without discrimination on account of age, race, sex or creed.
(3) The individual designated as principal shall hold a valid license as approved by the state board of education for the type of school to which assigned.
(b) It is the duty of the principal to: (1) Supervise the operation and management of the personnel and facilities of the school or schools of which the principal is principal as the local board of education determines; (2) Assume administrative responsibility and instructional leadership under the supervision of the director of schools and in accordance with the written policies of the local board of education for the planning, management, operation and evaluation of the education program of the schools to which assigned; (3) Submit recommendations to the director of schools regarding the appointment and dismissal of all personnel assigned to the school or schools under the principal's care, and make decisions regarding the specific duties of all personnel assigned to the school or schools under the principal's care; provided, that the duties of teachers shall be within their area of licensure and consistent with the policies, rules or contracts of the board of education; (4) Administer and implement the school behavior and discipline code and require guest passes for all persons other than enrolled students and employees of the school; (5) Perform such other duties as may be assigned by the director of schools pursuant to the written policies of the local board of education; (6) Observe all other rules and regulations relative to the operation of public schools as established by law and as contained in the rules, regulations and minimum standards of the state board of education; (7) (A) Assign educational assistants to noninstructional supervision of students, which may include, but is not limited to: (i) Lunchroom duty; (ii) Bus duty; (iii) Recess or playground duty; (iv) Before or after school duty; or (v) Other related duties; (B) The board of education shall specifically authorize such use of educational assistants in written school board policy and shall indemnify educational assistants in the performance of their duties; and (8) Prepare, annually, a budget request for the school under the principal's care and submit the budget request to the director of schools. The budget request shall set forth a plan for the cost of operation of the school for the school year beginning July 1, following, or on such date as otherwise provided by charter or act of the legislature, public or private. Upon approval of the LEA's budget, the director of schools shall assign to each principal the responsibility for and authority over the cost of operation of the principal's school.
(1) Supervise the operation and management of the personnel and facilities of the school or schools of which the principal is principal as the local board of education determines;
(2) Assume administrative responsibility and instructional leadership under the supervision of the director of schools and in accordance with the written policies of the local board of education for the planning, management, operation and evaluation of the education program of the schools to which assigned;
(3) Submit recommendations to the director of schools regarding the appointment and dismissal of all personnel assigned to the school or schools under the principal's care, and make decisions regarding the specific duties of all personnel assigned to the school or schools under the principal's care; provided, that the duties of teachers shall be within their area of licensure and consistent with the policies, rules or contracts of the board of education;
(4) Administer and implement the school behavior and discipline code and require guest passes for all persons other than enrolled students and employees of the school;
(5) Perform such other duties as may be assigned by the director of schools pursuant to the written policies of the local board of education;
(6) Observe all other rules and regulations relative to the operation of public schools as established by law and as contained in the rules, regulations and minimum standards of the state board of education;
(7) (A) Assign educational assistants to noninstructional supervision of students, which may include, but is not limited to: (i) Lunchroom duty; (ii) Bus duty; (iii) Recess or playground duty; (iv) Before or after school duty; or (v) Other related duties; (B) The board of education shall specifically authorize such use of educational assistants in written school board policy and shall indemnify educational assistants in the performance of their duties; and
(A) Assign educational assistants to noninstructional supervision of students, which may include, but is not limited to: (i) Lunchroom duty; (ii) Bus duty; (iii) Recess or playground duty; (iv) Before or after school duty; or (v) Other related duties;
(i) Lunchroom duty;
(ii) Bus duty;
(iii) Recess or playground duty;
(iv) Before or after school duty; or
(v) Other related duties;
(B) The board of education shall specifically authorize such use of educational assistants in written school board policy and shall indemnify educational assistants in the performance of their duties; and
(8) Prepare, annually, a budget request for the school under the principal's care and submit the budget request to the director of schools. The budget request shall set forth a plan for the cost of operation of the school for the school year beginning July 1, following, or on such date as otherwise provided by charter or act of the legislature, public or private. Upon approval of the LEA's budget, the director of schools shall assign to each principal the responsibility for and authority over the cost of operation of the principal's school.
(c) Principals are encouraged to improve school security by limiting school access during school hours to monitored entrances.
Acts 1974, ch. 542, §§ 1, 2; 1983, ch. 362, § 2; T.C.A., §§ 49-253, 49-254; Acts 1989, ch. 199, § 3; 1990, ch. 948, § 4; 1992, ch. 535, §§ 17, 18; 1996, ch. 988, § 10; 2007 , ch. 376, §§ 3, 4; 2010 (1st Ex. Sess.), ch. 2, § 11.
Tenn. Code Ann. § 49-1-703 — TN Code / Title 49 / Chapter 1 / Section 49-1-703
Duties of department
Status: in_force

The department of education shall: (1) Create, publish and make publicly available a data inventory and dictionary or index of data elements with definitions of individual student data fields currently in the student data system along with the purpose or reason for inclusion in the data system; (2) Develop, publish and make publicly available policies and procedures to comply with FERPA, § 10-7-504 and other relevant privacy laws and policies. These policies and procedures shall, at a minimum, require that: (A) Access to student and de-identified data in the student data system is restricted to: (i) The authorized staff of the department and the department's contractors who require access to perform their assigned duties; (ii) LEA administrators, teachers, school personnel and the LEA's contractors who require access to perform their assigned duties; (iii) Students and their parents; provided, however, that a student or the student's parents may only access the student's individual data; (iv) The authorized staff of other state agencies as permitted by law; provided, however, that within sixty (60) days of providing such access, the department shall provide notice of the release to the state board, the education committee of the senate, and the education administration committee of the house of representatives, and post such notice on the department's website; (v) Parties conducting research for or on behalf of the department or an LEA; provided, that such access is granted in compliance with FERPA and other relevant state and federal privacy laws and policies and that the department shall provide notice of the release to the state board, the education committee of the senate, and the education administration committee of the house of representatives, and post such notice on the department's website; (vi) Appropriate entities in compliance with a lawfully issued subpoena or court order; or (vii) Appropriate officials in connection with an interagency audit or evaluation of a federal or state supported education program; (B) The department uses only aggregate data in public reports or in response to public record requests in accordance with subdivision (3); (C) (i) The commissioner develops criteria for the approval of research and data requests from state and local agencies, the general assembly, researchers and the public; provided, however, that: (a) Unless otherwise approved by the state board or permitted in this part, student data maintained by the department shall remain confidential; and (b) Unless otherwise permitted in this part or approved by the state board to release student or de-identified data in specific instances, the department may only use aggregate data in the release of data in response to research and data requests; (ii) Unless otherwise approved in this part or by the state board, the department shall not transfer student or de-identified data deemed confidential under subdivision (2)(C)(i)( a ) to any federal agency or other organization or entity outside the state, except when: (a) A student transfers out of state or an LEA seeks help with locating an out-of-state transfer; (b) A student leaves the state to attend an out-of-state institution of higher education or training program; (c) A student registers for or takes a national or multistate assessment; (d) A student voluntarily participates in a program for which such data transfer is a condition or requirement of participation; (e) The department enters into a contract that governs databases, assessments, special education or instructional supports with an out-of-state vendor; or (f) A student is classified as "migrant" for federal reporting purposes; and (D) Students and parents are notified of their rights under federal and state law; (3) Develop a detailed data security plan that includes: (A) Guidelines for authorizing access to the teacher data system and to individual teacher data including guidelines for authentication of authorized access; (B) Guidelines for authorizing access to the student data system and to individual student data including guidelines for authentication of authorized access; (C) Privacy compliance standards; (D) Privacy and security audits; (E) Breach planning, notification and procedures; and (F) Data retention and disposition policies; (4) Ensure routine and ongoing compliance by the department with FERPA, § 10-7-504 , other relevant privacy laws and policies, and the privacy and security policies and procedures developed under the authority of this part, including the performance of compliance audits; (5) Ensure that any contracts that govern databases, assessments or instructional supports that include student or de-identified data and are outsourced to private vendors include express provisions that safeguard privacy and security and include penalties for noncompliance; and (6) Notify the governor and the general assembly within sixty (60) days of the following: (A) Any new student data fields included in the state student data system; (B) Changes to existing data collections required for any reason, including changes to federal reporting requirements made by the United States department of education; (C) Any exceptions granted by the state board in the past year regarding the release or out-of-state transfer of student or de-identified data accompanied by an explanation of each exception; and (D) The results of any and all privacy compliance and security audits completed in the past year. Notifications regarding privacy compliance and security audits shall not include any information that would itself pose a security threat to the state or local student information systems or to the secure transmission of data between state and local systems by exposing vulnerabilities. Amended by 2021 Tenn. Acts, ch. 493, s 16, eff. 5/25/2021. Amended by 2021 Tenn. Acts, ch. 64, s 73, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 345, s 83, eff. 5/10/2019. Amended by 2015 Tenn. Acts, ch. 182, Secs.s 22, s 23 eff. 4/17/2015. Added by 2014 Tenn. Acts, ch. 905, s 5, eff. 7/1/2014.
The department of education shall:
(1) Create, publish and make publicly available a data inventory and dictionary or index of data elements with definitions of individual student data fields currently in the student data system along with the purpose or reason for inclusion in the data system;
(2) Develop, publish and make publicly available policies and procedures to comply with FERPA, § 10-7-504 and other relevant privacy laws and policies. These policies and procedures shall, at a minimum, require that: (A) Access to student and de-identified data in the student data system is restricted to: (i) The authorized staff of the department and the department's contractors who require access to perform their assigned duties; (ii) LEA administrators, teachers, school personnel and the LEA's contractors who require access to perform their assigned duties; (iii) Students and their parents; provided, however, that a student or the student's parents may only access the student's individual data; (iv) The authorized staff of other state agencies as permitted by law; provided, however, that within sixty (60) days of providing such access, the department shall provide notice of the release to the state board, the education committee of the senate, and the education administration committee of the house of representatives, and post such notice on the department's website; (v) Parties conducting research for or on behalf of the department or an LEA; provided, that such access is granted in compliance with FERPA and other relevant state and federal privacy laws and policies and that the department shall provide notice of the release to the state board, the education committee of the senate, and the education administration committee of the house of representatives, and post such notice on the department's website; (vi) Appropriate entities in compliance with a lawfully issued subpoena or court order; or (vii) Appropriate officials in connection with an interagency audit or evaluation of a federal or state supported education program; (B) The department uses only aggregate data in public reports or in response to public record requests in accordance with subdivision (3); (C) (i) The commissioner develops criteria for the approval of research and data requests from state and local agencies, the general assembly, researchers and the public; provided, however, that: (a) Unless otherwise approved by the state board or permitted in this part, student data maintained by the department shall remain confidential; and (b) Unless otherwise permitted in this part or approved by the state board to release student or de-identified data in specific instances, the department may only use aggregate data in the release of data in response to research and data requests; (ii) Unless otherwise approved in this part or by the state board, the department shall not transfer student or de-identified data deemed confidential under subdivision (2)(C)(i)( a ) to any federal agency or other organization or entity outside the state, except when: (a) A student transfers out of state or an LEA seeks help with locating an out-of-state transfer; (b) A student leaves the state to attend an out-of-state institution of higher education or training program; (c) A student registers for or takes a national or multistate assessment; (d) A student voluntarily participates in a program for which such data transfer is a condition or requirement of participation; (e) The department enters into a contract that governs databases, assessments, special education or instructional supports with an out-of-state vendor; or (f) A student is classified as "migrant" for federal reporting purposes; and (D) Students and parents are notified of their rights under federal and state law;
(A) Access to student and de-identified data in the student data system is restricted to: (i) The authorized staff of the department and the department's contractors who require access to perform their assigned duties; (ii) LEA administrators, teachers, school personnel and the LEA's contractors who require access to perform their assigned duties; (iii) Students and their parents; provided, however, that a student or the student's parents may only access the student's individual data; (iv) The authorized staff of other state agencies as permitted by law; provided, however, that within sixty (60) days of providing such access, the department shall provide notice of the release to the state board, the education committee of the senate, and the education administration committee of the house of representatives, and post such notice on the department's website; (v) Parties conducting research for or on behalf of the department or an LEA; provided, that such access is granted in compliance with FERPA and other relevant state and federal privacy laws and policies and that the department shall provide notice of the release to the state board, the education committee of the senate, and the education administration committee of the house of representatives, and post such notice on the department's website; (vi) Appropriate entities in compliance with a lawfully issued subpoena or court order; or (vii) Appropriate officials in connection with an interagency audit or evaluation of a federal or state supported education program;
(i) The authorized staff of the department and the department's contractors who require access to perform their assigned duties;
(ii) LEA administrators, teachers, school personnel and the LEA's contractors who require access to perform their assigned duties;
(iii) Students and their parents; provided, however, that a student or the student's parents may only access the student's individual data;
(iv) The authorized staff of other state agencies as permitted by law; provided, however, that within sixty (60) days of providing such access, the department shall provide notice of the release to the state board, the education committee of the senate, and the education administration committee of the house of representatives, and post such notice on the department's website;
(v) Parties conducting research for or on behalf of the department or an LEA; provided, that such access is granted in compliance with FERPA and other relevant state and federal privacy laws and policies and that the department shall provide notice of the release to the state board, the education committee of the senate, and the education administration committee of the house of representatives, and post such notice on the department's website;
(vi) Appropriate entities in compliance with a lawfully issued subpoena or court order; or
(vii) Appropriate officials in connection with an interagency audit or evaluation of a federal or state supported education program;
(B) The department uses only aggregate data in public reports or in response to public record requests in accordance with subdivision (3);
(C) (i) The commissioner develops criteria for the approval of research and data requests from state and local agencies, the general assembly, researchers and the public; provided, however, that: (a) Unless otherwise approved by the state board or permitted in this part, student data maintained by the department shall remain confidential; and (b) Unless otherwise permitted in this part or approved by the state board to release student or de-identified data in specific instances, the department may only use aggregate data in the release of data in response to research and data requests; (ii) Unless otherwise approved in this part or by the state board, the department shall not transfer student or de-identified data deemed confidential under subdivision (2)(C)(i)( a ) to any federal agency or other organization or entity outside the state, except when: (a) A student transfers out of state or an LEA seeks help with locating an out-of-state transfer; (b) A student leaves the state to attend an out-of-state institution of higher education or training program; (c) A student registers for or takes a national or multistate assessment; (d) A student voluntarily participates in a program for which such data transfer is a condition or requirement of participation; (e) The department enters into a contract that governs databases, assessments, special education or instructional supports with an out-of-state vendor; or (f) A student is classified as "migrant" for federal reporting purposes; and
(i) The commissioner develops criteria for the approval of research and data requests from state and local agencies, the general assembly, researchers and the public; provided, however, that: (a) Unless otherwise approved by the state board or permitted in this part, student data maintained by the department shall remain confidential; and (b) Unless otherwise permitted in this part or approved by the state board to release student or de-identified data in specific instances, the department may only use aggregate data in the release of data in response to research and data requests;
(a) Unless otherwise approved by the state board or permitted in this part, student data maintained by the department shall remain confidential; and
(b) Unless otherwise permitted in this part or approved by the state board to release student or de-identified data in specific instances, the department may only use aggregate data in the release of data in response to research and data requests;
(ii) Unless otherwise approved in this part or by the state board, the department shall not transfer student or de-identified data deemed confidential under subdivision (2)(C)(i)( a ) to any federal agency or other organization or entity outside the state, except when: (a) A student transfers out of state or an LEA seeks help with locating an out-of-state transfer; (b) A student leaves the state to attend an out-of-state institution of higher education or training program; (c) A student registers for or takes a national or multistate assessment; (d) A student voluntarily participates in a program for which such data transfer is a condition or requirement of participation; (e) The department enters into a contract that governs databases, assessments, special education or instructional supports with an out-of-state vendor; or (f) A student is classified as "migrant" for federal reporting purposes; and
(a) A student transfers out of state or an LEA seeks help with locating an out-of-state transfer;
(b) A student leaves the state to attend an out-of-state institution of higher education or training program;
(c) A student registers for or takes a national or multistate assessment;
(d) A student voluntarily participates in a program for which such data transfer is a condition or requirement of participation;
(e) The department enters into a contract that governs databases, assessments, special education or instructional supports with an out-of-state vendor; or
(f) A student is classified as "migrant" for federal reporting purposes; and
(D) Students and parents are notified of their rights under federal and state law;
(3) Develop a detailed data security plan that includes: (A) Guidelines for authorizing access to the teacher data system and to individual teacher data including guidelines for authentication of authorized access; (B) Guidelines for authorizing access to the student data system and to individual student data including guidelines for authentication of authorized access; (C) Privacy compliance standards; (D) Privacy and security audits; (E) Breach planning, notification and procedures; and (F) Data retention and disposition policies;
(A) Guidelines for authorizing access to the teacher data system and to individual teacher data including guidelines for authentication of authorized access;
(B) Guidelines for authorizing access to the student data system and to individual student data including guidelines for authentication of authorized access;
(C) Privacy compliance standards;
(D) Privacy and security audits;
(E) Breach planning, notification and procedures; and
(F) Data retention and disposition policies;
(4) Ensure routine and ongoing compliance by the department with FERPA, § 10-7-504 , other relevant privacy laws and policies, and the privacy and security policies and procedures developed under the authority of this part, including the performance of compliance audits;
(5) Ensure that any contracts that govern databases, assessments or instructional supports that include student or de-identified data and are outsourced to private vendors include express provisions that safeguard privacy and security and include penalties for noncompliance; and
(6) Notify the governor and the general assembly within sixty (60) days of the following: (A) Any new student data fields included in the state student data system; (B) Changes to existing data collections required for any reason, including changes to federal reporting requirements made by the United States department of education; (C) Any exceptions granted by the state board in the past year regarding the release or out-of-state transfer of student or de-identified data accompanied by an explanation of each exception; and (D) The results of any and all privacy compliance and security audits completed in the past year. Notifications regarding privacy compliance and security audits shall not include any information that would itself pose a security threat to the state or local student information systems or to the secure transmission of data between state and local systems by exposing vulnerabilities.
(A) Any new student data fields included in the state student data system;
(B) Changes to existing data collections required for any reason, including changes to federal reporting requirements made by the United States department of education;
(C) Any exceptions granted by the state board in the past year regarding the release or out-of-state transfer of student or de-identified data accompanied by an explanation of each exception; and
(D) The results of any and all privacy compliance and security audits completed in the past year. Notifications regarding privacy compliance and security audits shall not include any information that would itself pose a security threat to the state or local student information systems or to the secure transmission of data between state and local systems by exposing vulnerabilities.
Amended by 2021 Tenn. Acts, ch. 493, s 16, eff. 5/25/2021.
Amended by 2021 Tenn. Acts, ch. 64, s 73, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 83, eff. 5/10/2019.
Amended by 2015 Tenn. Acts, ch. 182, Secs.s 22, s 23 eff. 4/17/2015.
Added by 2014 Tenn. Acts, ch. 905, s 5, eff. 7/1/2014.
Tenn. Code Ann. § 49-6-2606 — TN Code / Title 49 / Chapter 6 / Section 49-6-2606
Annual administration of TCAP tests for math and English language arts - Report of graduation - Parental satisfaction survey - Annual report - Audit
Status: in_force

(a) (1) As a condition of participating in the program, participating students in grades three through eleven (3-11) must be annually administered the Tennessee comprehensive assessment program (TCAP) tests for math and English language arts, or successor tests authorized by the state board of education for math and English language arts. (2) For participating students enrolled full-time in a participating school, the participating school shall annually administer the tests required in subdivision (a)(1) to participating students. (3) For participating students seventeen (17) years of age or younger who are not enrolled full-time in a participating school, the participating student's parent must ensure that the participating student is annually administered the tests required in subdivision (a)(1). A participating student who has reached the age of eighteen (18) and who is not enrolled full-time in a participating school must ensure that the participating student is annually administered the tests required in subdivision (a)(1). (b) The department shall ensure that: (1) Parents report the participating student's graduation from high school to the department; and (2) A parental satisfaction survey is created and annually disseminated to parents of participating students that requests the following information: (A) Parental satisfaction with the program, including parental recommendations, comments, and concerns; (B) Whether the parent terminated the participating student's participation in the program and the reason for termination; (C) Methods to improve the effectiveness of the program, including parental recommendations for doing so; and (D) The number of years the parent's participating student has participated in the program. (c) In compliance with all state and federal student privacy laws, beginning at the conclusion of the first fiscal year in which the program enrolls participating students, the department shall produce an annual report that is accessible on the department's website with information about the program for the previous school year. The report must include: (1) The number of students participating in the program; (2) Participating student performance on annual assessments required by this section, aggregated by LEA and statewide; (3) Aggregate graduation outcomes for participating students in grade twelve (12); and (4) Results from the parental satisfaction survey required in subdivision (b)(2). (d) In compliance with all state and federal student privacy laws, the program is subject to audit by the comptroller of the treasury or the comptroller's designee no later than the first fiscal year in which the program enrolls participating students and annually thereafter. The audit may include a sample of ESAs to evaluate the eligibility of the participating students, the funds deposited in the ESAs, and whether ESA funds are being used for authorized expenditures. The audit may also include an analysis of the department's ESA monitoring process and the sufficiency of the department's fraud protection measures. The department shall cooperate fully with the comptroller of the treasury or the comptroller's designee in the performance of the audit. The audit must be made available to the members of the general assembly. (e) (1) Data from the Tennessee comprehensive assessment program (TCAP) tests, or successor tests authorized by the state board of education, that are annually administered to participating students in grades three through eleven (3-11) pursuant to subsection (a) must be used to determine student achievement growth, as represented by the Tennessee Value-Added Assessment System (TVAAS), developed pursuant to chapter 1, part 6 of this title, for participating schools. (2) The department shall, in compliance with all state and federal student privacy laws, make the TVAAS score of each participating school publicly available on the department's website. Added by 2019 Tenn. Acts, ch. 506, s 1, eff. 5/24/2019.
(a) (1) As a condition of participating in the program, participating students in grades three through eleven (3-11) must be annually administered the Tennessee comprehensive assessment program (TCAP) tests for math and English language arts, or successor tests authorized by the state board of education for math and English language arts. (2) For participating students enrolled full-time in a participating school, the participating school shall annually administer the tests required in subdivision (a)(1) to participating students. (3) For participating students seventeen (17) years of age or younger who are not enrolled full-time in a participating school, the participating student's parent must ensure that the participating student is annually administered the tests required in subdivision (a)(1). A participating student who has reached the age of eighteen (18) and who is not enrolled full-time in a participating school must ensure that the participating student is annually administered the tests required in subdivision (a)(1).
(1) As a condition of participating in the program, participating students in grades three through eleven (3-11) must be annually administered the Tennessee comprehensive assessment program (TCAP) tests for math and English language arts, or successor tests authorized by the state board of education for math and English language arts.
(2) For participating students enrolled full-time in a participating school, the participating school shall annually administer the tests required in subdivision (a)(1) to participating students.
(3) For participating students seventeen (17) years of age or younger who are not enrolled full-time in a participating school, the participating student's parent must ensure that the participating student is annually administered the tests required in subdivision (a)(1). A participating student who has reached the age of eighteen (18) and who is not enrolled full-time in a participating school must ensure that the participating student is annually administered the tests required in subdivision (a)(1).
(b) The department shall ensure that: (1) Parents report the participating student's graduation from high school to the department; and (2) A parental satisfaction survey is created and annually disseminated to parents of participating students that requests the following information: (A) Parental satisfaction with the program, including parental recommendations, comments, and concerns; (B) Whether the parent terminated the participating student's participation in the program and the reason for termination; (C) Methods to improve the effectiveness of the program, including parental recommendations for doing so; and (D) The number of years the parent's participating student has participated in the program.
(1) Parents report the participating student's graduation from high school to the department; and
(2) A parental satisfaction survey is created and annually disseminated to parents of participating students that requests the following information: (A) Parental satisfaction with the program, including parental recommendations, comments, and concerns; (B) Whether the parent terminated the participating student's participation in the program and the reason for termination; (C) Methods to improve the effectiveness of the program, including parental recommendations for doing so; and (D) The number of years the parent's participating student has participated in the program.
(A) Parental satisfaction with the program, including parental recommendations, comments, and concerns;
(B) Whether the parent terminated the participating student's participation in the program and the reason for termination;
(C) Methods to improve the effectiveness of the program, including parental recommendations for doing so; and
(D) The number of years the parent's participating student has participated in the program.
(c) In compliance with all state and federal student privacy laws, beginning at the conclusion of the first fiscal year in which the program enrolls participating students, the department shall produce an annual report that is accessible on the department's website with information about the program for the previous school year. The report must include: (1) The number of students participating in the program; (2) Participating student performance on annual assessments required by this section, aggregated by LEA and statewide; (3) Aggregate graduation outcomes for participating students in grade twelve (12); and (4) Results from the parental satisfaction survey required in subdivision (b)(2).
(1) The number of students participating in the program;
(2) Participating student performance on annual assessments required by this section, aggregated by LEA and statewide;
(3) Aggregate graduation outcomes for participating students in grade twelve (12); and
(4) Results from the parental satisfaction survey required in subdivision (b)(2).
(d) In compliance with all state and federal student privacy laws, the program is subject to audit by the comptroller of the treasury or the comptroller's designee no later than the first fiscal year in which the program enrolls participating students and annually thereafter. The audit may include a sample of ESAs to evaluate the eligibility of the participating students, the funds deposited in the ESAs, and whether ESA funds are being used for authorized expenditures. The audit may also include an analysis of the department's ESA monitoring process and the sufficiency of the department's fraud protection measures. The department shall cooperate fully with the comptroller of the treasury or the comptroller's designee in the performance of the audit. The audit must be made available to the members of the general assembly.
(e) (1) Data from the Tennessee comprehensive assessment program (TCAP) tests, or successor tests authorized by the state board of education, that are annually administered to participating students in grades three through eleven (3-11) pursuant to subsection (a) must be used to determine student achievement growth, as represented by the Tennessee Value-Added Assessment System (TVAAS), developed pursuant to chapter 1, part 6 of this title, for participating schools. (2) The department shall, in compliance with all state and federal student privacy laws, make the TVAAS score of each participating school publicly available on the department's website.
(1) Data from the Tennessee comprehensive assessment program (TCAP) tests, or successor tests authorized by the state board of education, that are annually administered to participating students in grades three through eleven (3-11) pursuant to subsection (a) must be used to determine student achievement growth, as represented by the Tennessee Value-Added Assessment System (TVAAS), developed pursuant to chapter 1, part 6 of this title, for participating schools.
(2) The department shall, in compliance with all state and federal student privacy laws, make the TVAAS score of each participating school publicly available on the department's website.
Added by 2019 Tenn. Acts, ch. 506, s 1, eff. 5/24/2019.
Tenn. Code Ann. § 49-2-1202 — TN Code / Title 49 / Chapter 2 / Section 49-2-1202
Consolidated board
Status: in_force

(a) Any plan of consolidation shall provide for a consolidated board of education, sometimes called "the board" in this part, to be composed of five (5), seven (7) or nine (9) members whose terms of office shall be either four (4) years or six (6) years, as the plan may determine. (b) Alternative 1. (1) The plan may provide that the members of the board shall be elected at the general election in August and as determined by the plan, in one (1) of three (3) following modes: (A) The plan may provide for the election by popular vote of five (5) or seven (7) board members who shall be bona fide residents of the county, without further restriction as to place of residence; (B) The plan may provide for the election of five (5) or seven (7) board members representing five (5) or seven (7) school districts of approximately equal population, each district board member to be voted upon and elected by the voters in the particular school district of which the board member is a bona fide resident; or (C) The plan may provide for the election of five (5) or seven (7) board members by popular vote of the entire electorate of the county, but with the requirement that all five (5) or seven (7) members shall be bona fide residents of different school districts, in which event that person shall be elected who receives more votes county wide than any other person residing in the same district. (2) In the event the plan adopts the option provided for in subdivision (b)(1)(B) or (b)(1)(C), the plan shall create five (5) or seven (7) school districts of approximately equal population and shall prescribe the boundaries of the school districts. The plan shall also provide appropriate plans for reapportionment of districts after each federal decennial census, so that members of the board may continue to be elected by or from districts of approximately equal population. (3) (A) Terms of office of members of the board shall be staggered. (B) To bring about such staggered terms, there shall be elected five (5) or seven (7) members of the board at the first general election held subsequent to the adoption of the plan. (C) If the plan provides for full terms of six (6) years, then of the seven (7) members originally elected, those three (3) who receive the higher number of votes shall serve for terms of six (6) years, those two (2) who receive the next higher number of votes shall serve for terms of four (4) years, and the remaining members shall serve for terms of two (2) years. (D) If the plan provides for five (5) members and full terms of six (6) years, then of the five (5) members originally elected, those two (2) who receive the higher number of votes shall serve for terms of six (6) years. Those two (2) who receive the next higher number of votes shall serve for terms of four (4) years, and the remaining member shall serve for a term of two (2) years. (E) If the plan provides for full terms of four (4) years, then of the seven (7) members originally elected, those four (4) who receive the higher number of votes shall serve for terms of four (4) years and the remaining members shall serve for terms of two (2) years. (F) If the plan provides for five (5) members and full terms of four (4) years, then of the five (5) members originally elected, those three (3) who receive the higher number of votes shall serve for a term of four (4) years and the remaining members shall serve for terms of two (2) years. (G) In the event of a tie vote, the board shall designate the respective terms of those receiving the same number of votes. (H) Subsequent to the first election, members of the board shall be elected for the full term provided in the plan. (4) (A) All vacancies on the board shall be filled for the unexpired term at the next regular general election occurring more than thirty (30) days subsequent to the vacancy. (B) Immediately after the vacancy occurs, the remaining members of the board shall fill the vacancy on an interim basis by the selection of a person qualified under this part to fill the vacancy on a permanent basis. (C) The interim member shall hold office until the vacancy is permanently filled at the next general election. (c) Alternative 2. (1) As another alternative, the plan may provide for the election of five (5) or seven (7) board members representing five (5) or seven (7) school districts of approximately equal population, to be chosen in the following manner: (A) Where one (1) or more school districts are wholly within the corporate limits of a municipality, members of the consolidated board of education from such districts shall be selected by the governing body of the municipality; (B) Where one (1) or more school districts are wholly outside of the corporate limits of a municipality, the members of the board representing such districts shall be selected by the governing body of the county; (C) Where one (1) or more school districts are partly within and partly outside of the corporate limits of a municipality, the board members representing such districts shall be selected by the governing body of the municipality or by the governing body of the county, depending upon whether a majority of the population of the school district resides within the municipality or without the municipality. (2) Terms of board members under this alternative shall be so staggered as the plan may determine. (3) All vacancies on the board under this alternative shall be filled for the unexpired term by the appointing authority with respect to the members of the board from such district. (d) Alternative 3. (1) As a third alternative, the plan may provide for the election of five (5), seven (7) or nine (9) board members by popular vote at the August general election, with the requirements that at least a majority of the number of board members be bona fide residents of particular districts and elected from such districts, and the remaining number of members being bona fide residents of the county and elected from the county at-large. (2) The plan may further provide that a certain number of districts be completely within the largest municipality in the county and certain districts completely within the county outside of such largest municipality, and a certain number of districts be coincident with the boundaries of the entire county, including the largest municipality. (3) Electors within the city may be permitted to vote for candidates from all districts within the city and for candidates at-large. (4) Electors outside of the city may be permitted to vote for candidates from all districts outside the city and for candidates at-large. (5) The plan shall provide that no more than one (1) member from the county at-large shall be a resident of the same geographical district. (6) The districts provided by the plan shall be of approximately equal population and the boundaries of the districts shall be described in the plan. (7) The plan shall also provide appropriate procedures for the reapportionment of districts after each federal decennial census, so that members of the board may continue to be elected by or from districts of approximately equal population. (8) Terms of board members shall be staggered. (e) Every consolidated board of education shall have all powers and duties conferred by general law upon county boards of education or city boards of education. The board is also authorized to do all things necessary or proper for the establishment, operation and maintenance of an efficient and accredited consolidated school system, not inconsistent with this part or other general law. Acts 1963, ch. 246, § 6; 1970, ch. 497, § 1; 1973, ch. 268, §§ 1, 2; T.C.A., § 49-420.
(a) Any plan of consolidation shall provide for a consolidated board of education, sometimes called "the board" in this part, to be composed of five (5), seven (7) or nine (9) members whose terms of office shall be either four (4) years or six (6) years, as the plan may determine.
(b) Alternative 1. (1) The plan may provide that the members of the board shall be elected at the general election in August and as determined by the plan, in one (1) of three (3) following modes: (A) The plan may provide for the election by popular vote of five (5) or seven (7) board members who shall be bona fide residents of the county, without further restriction as to place of residence; (B) The plan may provide for the election of five (5) or seven (7) board members representing five (5) or seven (7) school districts of approximately equal population, each district board member to be voted upon and elected by the voters in the particular school district of which the board member is a bona fide resident; or (C) The plan may provide for the election of five (5) or seven (7) board members by popular vote of the entire electorate of the county, but with the requirement that all five (5) or seven (7) members shall be bona fide residents of different school districts, in which event that person shall be elected who receives more votes county wide than any other person residing in the same district. (2) In the event the plan adopts the option provided for in subdivision (b)(1)(B) or (b)(1)(C), the plan shall create five (5) or seven (7) school districts of approximately equal population and shall prescribe the boundaries of the school districts. The plan shall also provide appropriate plans for reapportionment of districts after each federal decennial census, so that members of the board may continue to be elected by or from districts of approximately equal population. (3) (A) Terms of office of members of the board shall be staggered. (B) To bring about such staggered terms, there shall be elected five (5) or seven (7) members of the board at the first general election held subsequent to the adoption of the plan. (C) If the plan provides for full terms of six (6) years, then of the seven (7) members originally elected, those three (3) who receive the higher number of votes shall serve for terms of six (6) years, those two (2) who receive the next higher number of votes shall serve for terms of four (4) years, and the remaining members shall serve for terms of two (2) years. (D) If the plan provides for five (5) members and full terms of six (6) years, then of the five (5) members originally elected, those two (2) who receive the higher number of votes shall serve for terms of six (6) years. Those two (2) who receive the next higher number of votes shall serve for terms of four (4) years, and the remaining member shall serve for a term of two (2) years. (E) If the plan provides for full terms of four (4) years, then of the seven (7) members originally elected, those four (4) who receive the higher number of votes shall serve for terms of four (4) years and the remaining members shall serve for terms of two (2) years. (F) If the plan provides for five (5) members and full terms of four (4) years, then of the five (5) members originally elected, those three (3) who receive the higher number of votes shall serve for a term of four (4) years and the remaining members shall serve for terms of two (2) years. (G) In the event of a tie vote, the board shall designate the respective terms of those receiving the same number of votes. (H) Subsequent to the first election, members of the board shall be elected for the full term provided in the plan. (4) (A) All vacancies on the board shall be filled for the unexpired term at the next regular general election occurring more than thirty (30) days subsequent to the vacancy. (B) Immediately after the vacancy occurs, the remaining members of the board shall fill the vacancy on an interim basis by the selection of a person qualified under this part to fill the vacancy on a permanent basis. (C) The interim member shall hold office until the vacancy is permanently filled at the next general election.
(1) The plan may provide that the members of the board shall be elected at the general election in August and as determined by the plan, in one (1) of three (3) following modes: (A) The plan may provide for the election by popular vote of five (5) or seven (7) board members who shall be bona fide residents of the county, without further restriction as to place of residence; (B) The plan may provide for the election of five (5) or seven (7) board members representing five (5) or seven (7) school districts of approximately equal population, each district board member to be voted upon and elected by the voters in the particular school district of which the board member is a bona fide resident; or (C) The plan may provide for the election of five (5) or seven (7) board members by popular vote of the entire electorate of the county, but with the requirement that all five (5) or seven (7) members shall be bona fide residents of different school districts, in which event that person shall be elected who receives more votes county wide than any other person residing in the same district.
(A) The plan may provide for the election by popular vote of five (5) or seven (7) board members who shall be bona fide residents of the county, without further restriction as to place of residence;
(B) The plan may provide for the election of five (5) or seven (7) board members representing five (5) or seven (7) school districts of approximately equal population, each district board member to be voted upon and elected by the voters in the particular school district of which the board member is a bona fide resident; or
(C) The plan may provide for the election of five (5) or seven (7) board members by popular vote of the entire electorate of the county, but with the requirement that all five (5) or seven (7) members shall be bona fide residents of different school districts, in which event that person shall be elected who receives more votes county wide than any other person residing in the same district.
(2) In the event the plan adopts the option provided for in subdivision (b)(1)(B) or (b)(1)(C), the plan shall create five (5) or seven (7) school districts of approximately equal population and shall prescribe the boundaries of the school districts. The plan shall also provide appropriate plans for reapportionment of districts after each federal decennial census, so that members of the board may continue to be elected by or from districts of approximately equal population.
(3) (A) Terms of office of members of the board shall be staggered. (B) To bring about such staggered terms, there shall be elected five (5) or seven (7) members of the board at the first general election held subsequent to the adoption of the plan. (C) If the plan provides for full terms of six (6) years, then of the seven (7) members originally elected, those three (3) who receive the higher number of votes shall serve for terms of six (6) years, those two (2) who receive the next higher number of votes shall serve for terms of four (4) years, and the remaining members shall serve for terms of two (2) years. (D) If the plan provides for five (5) members and full terms of six (6) years, then of the five (5) members originally elected, those two (2) who receive the higher number of votes shall serve for terms of six (6) years. Those two (2) who receive the next higher number of votes shall serve for terms of four (4) years, and the remaining member shall serve for a term of two (2) years. (E) If the plan provides for full terms of four (4) years, then of the seven (7) members originally elected, those four (4) who receive the higher number of votes shall serve for terms of four (4) years and the remaining members shall serve for terms of two (2) years. (F) If the plan provides for five (5) members and full terms of four (4) years, then of the five (5) members originally elected, those three (3) who receive the higher number of votes shall serve for a term of four (4) years and the remaining members shall serve for terms of two (2) years. (G) In the event of a tie vote, the board shall designate the respective terms of those receiving the same number of votes. (H) Subsequent to the first election, members of the board shall be elected for the full term provided in the plan.
(A) Terms of office of members of the board shall be staggered.
(B) To bring about such staggered terms, there shall be elected five (5) or seven (7) members of the board at the first general election held subsequent to the adoption of the plan.
(C) If the plan provides for full terms of six (6) years, then of the seven (7) members originally elected, those three (3) who receive the higher number of votes shall serve for terms of six (6) years, those two (2) who receive the next higher number of votes shall serve for terms of four (4) years, and the remaining members shall serve for terms of two (2) years.
(D) If the plan provides for five (5) members and full terms of six (6) years, then of the five (5) members originally elected, those two (2) who receive the higher number of votes shall serve for terms of six (6) years. Those two (2) who receive the next higher number of votes shall serve for terms of four (4) years, and the remaining member shall serve for a term of two (2) years.
(E) If the plan provides for full terms of four (4) years, then of the seven (7) members originally elected, those four (4) who receive the higher number of votes shall serve for terms of four (4) years and the remaining members shall serve for terms of two (2) years.
(F) If the plan provides for five (5) members and full terms of four (4) years, then of the five (5) members originally elected, those three (3) who receive the higher number of votes shall serve for a term of four (4) years and the remaining members shall serve for terms of two (2) years.
(G) In the event of a tie vote, the board shall designate the respective terms of those receiving the same number of votes.
(H) Subsequent to the first election, members of the board shall be elected for the full term provided in the plan.
(4) (A) All vacancies on the board shall be filled for the unexpired term at the next regular general election occurring more than thirty (30) days subsequent to the vacancy. (B) Immediately after the vacancy occurs, the remaining members of the board shall fill the vacancy on an interim basis by the selection of a person qualified under this part to fill the vacancy on a permanent basis. (C) The interim member shall hold office until the vacancy is permanently filled at the next general election.
(A) All vacancies on the board shall be filled for the unexpired term at the next regular general election occurring more than thirty (30) days subsequent to the vacancy.
(B) Immediately after the vacancy occurs, the remaining members of the board shall fill the vacancy on an interim basis by the selection of a person qualified under this part to fill the vacancy on a permanent basis.
(C) The interim member shall hold office until the vacancy is permanently filled at the next general election.
(c) Alternative 2. (1) As another alternative, the plan may provide for the election of five (5) or seven (7) board members representing five (5) or seven (7) school districts of approximately equal population, to be chosen in the following manner: (A) Where one (1) or more school districts are wholly within the corporate limits of a municipality, members of the consolidated board of education from such districts shall be selected by the governing body of the municipality; (B) Where one (1) or more school districts are wholly outside of the corporate limits of a municipality, the members of the board representing such districts shall be selected by the governing body of the county; (C) Where one (1) or more school districts are partly within and partly outside of the corporate limits of a municipality, the board members representing such districts shall be selected by the governing body of the municipality or by the governing body of the county, depending upon whether a majority of the population of the school district resides within the municipality or without the municipality. (2) Terms of board members under this alternative shall be so staggered as the plan may determine. (3) All vacancies on the board under this alternative shall be filled for the unexpired term by the appointing authority with respect to the members of the board from such district.
(1) As another alternative, the plan may provide for the election of five (5) or seven (7) board members representing five (5) or seven (7) school districts of approximately equal population, to be chosen in the following manner: (A) Where one (1) or more school districts are wholly within the corporate limits of a municipality, members of the consolidated board of education from such districts shall be selected by the governing body of the municipality; (B) Where one (1) or more school districts are wholly outside of the corporate limits of a municipality, the members of the board representing such districts shall be selected by the governing body of the county; (C) Where one (1) or more school districts are partly within and partly outside of the corporate limits of a municipality, the board members representing such districts shall be selected by the governing body of the municipality or by the governing body of the county, depending upon whether a majority of the population of the school district resides within the municipality or without the municipality.
(A) Where one (1) or more school districts are wholly within the corporate limits of a municipality, members of the consolidated board of education from such districts shall be selected by the governing body of the municipality;
(B) Where one (1) or more school districts are wholly outside of the corporate limits of a municipality, the members of the board representing such districts shall be selected by the governing body of the county;
(C) Where one (1) or more school districts are partly within and partly outside of the corporate limits of a municipality, the board members representing such districts shall be selected by the governing body of the municipality or by the governing body of the county, depending upon whether a majority of the population of the school district resides within the municipality or without the municipality.
(2) Terms of board members under this alternative shall be so staggered as the plan may determine.
(3) All vacancies on the board under this alternative shall be filled for the unexpired term by the appointing authority with respect to the members of the board from such district.
(d) Alternative 3. (1) As a third alternative, the plan may provide for the election of five (5), seven (7) or nine (9) board members by popular vote at the August general election, with the requirements that at least a majority of the number of board members be bona fide residents of particular districts and elected from such districts, and the remaining number of members being bona fide residents of the county and elected from the county at-large. (2) The plan may further provide that a certain number of districts be completely within the largest municipality in the county and certain districts completely within the county outside of such largest municipality, and a certain number of districts be coincident with the boundaries of the entire county, including the largest municipality. (3) Electors within the city may be permitted to vote for candidates from all districts within the city and for candidates at-large. (4) Electors outside of the city may be permitted to vote for candidates from all districts outside the city and for candidates at-large. (5) The plan shall provide that no more than one (1) member from the county at-large shall be a resident of the same geographical district. (6) The districts provided by the plan shall be of approximately equal population and the boundaries of the districts shall be described in the plan. (7) The plan shall also provide appropriate procedures for the reapportionment of districts after each federal decennial census, so that members of the board may continue to be elected by or from districts of approximately equal population. (8) Terms of board members shall be staggered.
(1) As a third alternative, the plan may provide for the election of five (5), seven (7) or nine (9) board members by popular vote at the August general election, with the requirements that at least a majority of the number of board members be bona fide residents of particular districts and elected from such districts, and the remaining number of members being bona fide residents of the county and elected from the county at-large.
(2) The plan may further provide that a certain number of districts be completely within the largest municipality in the county and certain districts completely within the county outside of such largest municipality, and a certain number of districts be coincident with the boundaries of the entire county, including the largest municipality.
(3) Electors within the city may be permitted to vote for candidates from all districts within the city and for candidates at-large.
(4) Electors outside of the city may be permitted to vote for candidates from all districts outside the city and for candidates at-large.
(5) The plan shall provide that no more than one (1) member from the county at-large shall be a resident of the same geographical district.
(6) The districts provided by the plan shall be of approximately equal population and the boundaries of the districts shall be described in the plan.
(7) The plan shall also provide appropriate procedures for the reapportionment of districts after each federal decennial census, so that members of the board may continue to be elected by or from districts of approximately equal population.
(8) Terms of board members shall be staggered.
(e) Every consolidated board of education shall have all powers and duties conferred by general law upon county boards of education or city boards of education. The board is also authorized to do all things necessary or proper for the establishment, operation and maintenance of an efficient and accredited consolidated school system, not inconsistent with this part or other general law.
Acts 1963, ch. 246, § 6; 1970, ch. 497, § 1; 1973, ch. 268, §§ 1, 2; T.C.A., § 49-420.