Tenn. Code Ann. § 49-6-1704 — TN Code / Title 49 / Chapter 6 / Section 49-6-1704
Purpose - Authority
Status: in_force

(a) The purposes of the commission are to: (1) Formulate and implement educational programs to improve the financial literacy of the citizens of this state, including, but not limited to, elementary school students and parents; (2) Educate the public in Tennessee about effective personal management of financial resources including, but not limited to, college savings and retirement savings; (3) Design, implement and disseminate publications and website media to promote financial literacy education; (4) Establish and maintain a website that would serve as a clearinghouse and coordinated entry point for assessing information about financial literacy programs as well as publications, grants, and materials promoting enhanced financial literacy and education; (5) Make grants and awards to implement and improve programs for financial literacy education; (6) Initiate educational programs and campaigns deemed advisable by the board that are designated to promote financial literacy education; (7) Conduct a formal review of the current personal finance standards taught in grades kindergarten through eight (K-8) and recommend revisions, including, but not limited to, integrating financial education into reading, language arts and math. Such recommendations shall be presented to the department of education and the state board of education for consideration of statewide applicability; and (8) Develop, and report to the department of education and the state board of education, the means to include in existing standardized achievement testing for grades five (5) and eight (8), as an additional social studies component, the following personal finance concepts: (A) Decision making; (B) Earning an income; (C) Saving and spending; (D) Use of credit; and (E) Budgeting. (b) The board of directors has the authority to adopt a charter, bylaws and to promulgate such reasonable substantive and procedural rules, regulations and policies as the board deems necessary to further the purposes of the commission. Any rules and regulations proposed by the board of directors shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (c) The commission has the authority to raise funds, including corporate funding, and to solicit and accept monetary gifts, including monetary gifts made by will, trust or disposition, grants, and other monetary aids from any personal source, to promote its activities and to support its ongoing programs; provided, that the commission does not have the authority to borrow money or guarantee any obligation without the express, prior approval of the state funding board. As the chair of the commission, the state treasurer has the authority to raise funds on behalf of the commission. Amended by 2017 Tenn. Acts, ch. 81,s 1, eff. 3/31/2017. Acts 2010, ch. 1097, § 1; 2011, ch. 212, §§ 2, 3; T.C.A. § 49-7-3104 .
(a) The purposes of the commission are to: (1) Formulate and implement educational programs to improve the financial literacy of the citizens of this state, including, but not limited to, elementary school students and parents; (2) Educate the public in Tennessee about effective personal management of financial resources including, but not limited to, college savings and retirement savings; (3) Design, implement and disseminate publications and website media to promote financial literacy education; (4) Establish and maintain a website that would serve as a clearinghouse and coordinated entry point for assessing information about financial literacy programs as well as publications, grants, and materials promoting enhanced financial literacy and education; (5) Make grants and awards to implement and improve programs for financial literacy education; (6) Initiate educational programs and campaigns deemed advisable by the board that are designated to promote financial literacy education; (7) Conduct a formal review of the current personal finance standards taught in grades kindergarten through eight (K-8) and recommend revisions, including, but not limited to, integrating financial education into reading, language arts and math. Such recommendations shall be presented to the department of education and the state board of education for consideration of statewide applicability; and (8) Develop, and report to the department of education and the state board of education, the means to include in existing standardized achievement testing for grades five (5) and eight (8), as an additional social studies component, the following personal finance concepts: (A) Decision making; (B) Earning an income; (C) Saving and spending; (D) Use of credit; and (E) Budgeting.
(1) Formulate and implement educational programs to improve the financial literacy of the citizens of this state, including, but not limited to, elementary school students and parents;
(2) Educate the public in Tennessee about effective personal management of financial resources including, but not limited to, college savings and retirement savings;
(3) Design, implement and disseminate publications and website media to promote financial literacy education;
(4) Establish and maintain a website that would serve as a clearinghouse and coordinated entry point for assessing information about financial literacy programs as well as publications, grants, and materials promoting enhanced financial literacy and education;
(5) Make grants and awards to implement and improve programs for financial literacy education;
(6) Initiate educational programs and campaigns deemed advisable by the board that are designated to promote financial literacy education;
(7) Conduct a formal review of the current personal finance standards taught in grades kindergarten through eight (K-8) and recommend revisions, including, but not limited to, integrating financial education into reading, language arts and math. Such recommendations shall be presented to the department of education and the state board of education for consideration of statewide applicability; and
(8) Develop, and report to the department of education and the state board of education, the means to include in existing standardized achievement testing for grades five (5) and eight (8), as an additional social studies component, the following personal finance concepts: (A) Decision making; (B) Earning an income; (C) Saving and spending; (D) Use of credit; and (E) Budgeting.
(A) Decision making;
(B) Earning an income;
(C) Saving and spending;
(D) Use of credit; and
(E) Budgeting.
(b) The board of directors has the authority to adopt a charter, bylaws and to promulgate such reasonable substantive and procedural rules, regulations and policies as the board deems necessary to further the purposes of the commission. Any rules and regulations proposed by the board of directors shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c) The commission has the authority to raise funds, including corporate funding, and to solicit and accept monetary gifts, including monetary gifts made by will, trust or disposition, grants, and other monetary aids from any personal source, to promote its activities and to support its ongoing programs; provided, that the commission does not have the authority to borrow money or guarantee any obligation without the express, prior approval of the state funding board. As the chair of the commission, the state treasurer has the authority to raise funds on behalf of the commission.
Amended by 2017 Tenn. Acts, ch. 81,s 1, eff. 3/31/2017.
Acts 2010, ch. 1097, § 1; 2011, ch. 212, §§ 2, 3; T.C.A. § 49-7-3104 .
Tenn. Code Ann. § 49-6-1011 — TN Code / Title 49 / Chapter 6 / Section 49-6-1011
Historical documents, writings and records - Use in classrooms - Censorship prohibited
Status: in_force

(a) No teacher or administrator in an LEA shall be prohibited from using or reading from, during the course of educational instruction, or from posting in a public school building, classroom or event, any of the following or any excerpts or portions of the following: (1) The national motto; (2) The national anthem; (3) The Pledge of Allegiance; (4) The Constitution of Tennessee; (5) The Declaration of Independence; (6) The writings, speeches, documents and proclamations of the founders or presidents of the United States or the founders or governors of this state; (7) Opinions of the United States and Tennessee supreme courts; (8) Acts of the United States congress and acts of the Tennessee general assembly; and (9) The United States Constitution. (b) The list of historically significant or venerated documents, writings or records set out in subsection (a) shall not be construed to be exclusive, and the doctrine of ejusdem generis shall not be applied to prohibit the use, reading or posting of other such documents, writings or records. (c) The use, reading or posting of the types of documents, writings and records authorized by this section shall be undertaken for educational purposes only and shall not be used to promote or establish any religion or religious belief. (d) There shall be no content-based censorship of American or Tennessee history or heritage based on any religious references contained in such documents, writings or records. (e) Each student shall be taught the documents, writings or records set out in subsection (a). (f) The documents, writings or records set out in subsection (a) shall be taught at an age appropriate time prior to graduation from high school as determined by the state board of education. Amended by 2014 Tenn. Acts, ch. 939,s 2, eff. 7/1/2014. Amended by 2014 Tenn. Acts, ch. 939,s 1, eff. 7/1/2014. Acts 1993, ch. 116, § 1.
(a) No teacher or administrator in an LEA shall be prohibited from using or reading from, during the course of educational instruction, or from posting in a public school building, classroom or event, any of the following or any excerpts or portions of the following: (1) The national motto; (2) The national anthem; (3) The Pledge of Allegiance; (4) The Constitution of Tennessee; (5) The Declaration of Independence; (6) The writings, speeches, documents and proclamations of the founders or presidents of the United States or the founders or governors of this state; (7) Opinions of the United States and Tennessee supreme courts; (8) Acts of the United States congress and acts of the Tennessee general assembly; and (9) The United States Constitution.
(1) The national motto;
(2) The national anthem;
(3) The Pledge of Allegiance;
(4) The Constitution of Tennessee;
(5) The Declaration of Independence;
(6) The writings, speeches, documents and proclamations of the founders or presidents of the United States or the founders or governors of this state;
(7) Opinions of the United States and Tennessee supreme courts;
(8) Acts of the United States congress and acts of the Tennessee general assembly; and
(9) The United States Constitution.
(b) The list of historically significant or venerated documents, writings or records set out in subsection (a) shall not be construed to be exclusive, and the doctrine of ejusdem generis shall not be applied to prohibit the use, reading or posting of other such documents, writings or records.
(c) The use, reading or posting of the types of documents, writings and records authorized by this section shall be undertaken for educational purposes only and shall not be used to promote or establish any religion or religious belief.
(d) There shall be no content-based censorship of American or Tennessee history or heritage based on any religious references contained in such documents, writings or records.
(e) Each student shall be taught the documents, writings or records set out in subsection (a).
(f) The documents, writings or records set out in subsection (a) shall be taught at an age appropriate time prior to graduation from high school as determined by the state board of education.
Amended by 2014 Tenn. Acts, ch. 939,s 2, eff. 7/1/2014.
Amended by 2014 Tenn. Acts, ch. 939,s 1, eff. 7/1/2014.
Acts 1993, ch. 116, § 1.
Tenn. Code Ann. § 49-7-1105 — TN Code / Title 49 / Chapter 7 / Section 49-7-1105
Notification of parents' rights to view student records
Status: in_force

Each state institution of higher education shall notify parents of enrolled students of the parents' rights to view student records under the federal Family Educational Rights and Privacy Act of 1974 (FERPA) ( 20 U.S.C. § 1232g ) on the institution's website. Acts 2018, ch. 894, § 2.
Each state institution of higher education shall notify parents of enrolled students of the parents' rights to view student records under the federal Family Educational Rights and Privacy Act of 1974 (FERPA) ( 20 U.S.C. § 1232g ) on the institution's website.
Acts 2018, ch. 894, § 2.
Tenn. Code Ann. § 49-5-605 — TN Code / Title 49 / Chapter 5 / Section 49-5-605
Representatives
Status: in_force

(a) Experience has shown that efforts to confer, consult, discuss, and to exchange information, opinions, and proposals on terms and conditions of professional service are most efficient and effective when conducted by participants who are selected and authorized to represent individual professional employees or groups of employees. It is the policy and purpose of this part to ensure the rights of professional employees to participate in collaborative conferencing with boards of education through representatives of their own choosing. No professional employee, group of professional employees, or professional employee organization shall be denied the opportunity to represent themselves or groups of professional employees in discussions authorized under this part. (b) (1) Upon the submission by fifteen percent (15%) or more of the professional employees in an LEA of a written request to conduct collaborative conferencing with a board of education between October 1 and November 1 of any year, the board of education shall appoint an equal number of its professional employees and board members to serve on a special question committee for the purpose of conducting a confidential poll of all eligible professional employees as provided in subdivision (b)(2). (2) (A) The confidential poll shall be by secret ballot and shall require the employee to respond to two (2) questions. The first question shall request the employee to respond "YES" or "NO" to the question: Shall the professional employees of this LEA undertake collaborative conferencing with the board of education? (B) If the employee responds "YES" to the first question, then the second question shall request that the employee indicate which organization the employee prefers to represent the employee in collaborative conferencing by checking the box related to one (1) of the professional employees' organizations having a presence in the LEA. The second question shall also include a box for the response of "unaffiliated", if an employee does not have a preference as to a professional employees' organization. If the employee responds "NO" to the first question, then the second question shall request the employee to express a preference for one (1) of the professional employees' organizations. The second question shall also provide for a response of "unaffiliated", if an employee does not have a preference of a professional employees' organization, or a response of "none of the above", if the employee does not want to be represented in collaborative conferencing, if such conferencing should occur. (3) No board of education shall have a duty or obligation to engage in collaborative conferencing with its professional employees pursuant to this part unless a majority of those eligible to vote in the poll under subdivision (b)(2) respond "YES" to the first question. (4) Upon receiving the results of the poll in which the majority of those eligible to vote respond "YES" to the first question, the board of education shall appoint at least seven (7), but no more than eleven (11) persons, to serve as management personnel. The professional employees shall be entitled to the same number of representatives as the number of management personnel selected by the board of education. The professional employee representatives shall be selected according to each organization's proportional share of the responses to the second question; provided, however, that only those professional employees' organizations receiving fifteen percent (15%) or more of the responses to the second question shall be entitled to representation. The category of "unaffiliated" as a response to the second question, but not the category of "none of the above", shall be considered a professional employees' organization for the purposes of this subdivision (b)(4). (5) If fifteen percent (15%) or more of the professional employees polled indicate a preference for an unaffiliated representative, then the special question committee shall select and appoint a person or persons to serve as an unaffiliated representative or representatives according to the proportional share of responses to the second question in the category "unaffiliated". (6) (A) The term of the members of the panel constituted as the result of a poll in which the majority of those eligible to vote respond "YES" to the first question shall be three (3) years. If a vacancy occurs on the panel, then the appointing body which appointed the member to the position that became vacant shall appoint a replacement for the remainder of the term. Prior to expiration of the terms of the members of the panel, a new poll shall be conducted under this subsection (b) to determine whether the professional employees want to continue to engage in collaborative conferencing. (B) Notwithstanding subdivision (b)(6)(A) to the contrary, a memorandum of understanding may provide for polls after a poll in which the majority of those eligible to vote responded "YES" to the first question to occur more frequently than once every three (3) years. The term of the members selected for the panel after such poll shall be the length of time specified by the memorandum of understanding between two (2) polls. (c) Each professional employees' organization receiving fifteen percent (15%) or more of the responses shall select and appoint the appropriate number of persons to serve as representatives of the professional employees preferring that organization. The board of education shall select and appoint its representatives. Representatives shall be appointed no later than December 1. (d) If a majority vote to conduct collaborative conferencing is not secured, then during any subsequent year, the professional employees may again seek to engage in collaborative conferencing pursuant to subsection (b). (e) The results of the confidential poll and the names and positions of the appointed representatives shall be transmitted to the board, professional employees and professional employee organizations prior to January 1 next. (f) Those persons or organizations initiating the poll shall be assessed the reasonable costs necessitated in conducting the poll by the chair of the special question committee. Acts 2011, ch. 378, § 1.
(a) Experience has shown that efforts to confer, consult, discuss, and to exchange information, opinions, and proposals on terms and conditions of professional service are most efficient and effective when conducted by participants who are selected and authorized to represent individual professional employees or groups of employees. It is the policy and purpose of this part to ensure the rights of professional employees to participate in collaborative conferencing with boards of education through representatives of their own choosing. No professional employee, group of professional employees, or professional employee organization shall be denied the opportunity to represent themselves or groups of professional employees in discussions authorized under this part.
(b) (1) Upon the submission by fifteen percent (15%) or more of the professional employees in an LEA of a written request to conduct collaborative conferencing with a board of education between October 1 and November 1 of any year, the board of education shall appoint an equal number of its professional employees and board members to serve on a special question committee for the purpose of conducting a confidential poll of all eligible professional employees as provided in subdivision (b)(2). (2) (A) The confidential poll shall be by secret ballot and shall require the employee to respond to two (2) questions. The first question shall request the employee to respond "YES" or "NO" to the question: Shall the professional employees of this LEA undertake collaborative conferencing with the board of education? (B) If the employee responds "YES" to the first question, then the second question shall request that the employee indicate which organization the employee prefers to represent the employee in collaborative conferencing by checking the box related to one (1) of the professional employees' organizations having a presence in the LEA. The second question shall also include a box for the response of "unaffiliated", if an employee does not have a preference as to a professional employees' organization. If the employee responds "NO" to the first question, then the second question shall request the employee to express a preference for one (1) of the professional employees' organizations. The second question shall also provide for a response of "unaffiliated", if an employee does not have a preference of a professional employees' organization, or a response of "none of the above", if the employee does not want to be represented in collaborative conferencing, if such conferencing should occur. (3) No board of education shall have a duty or obligation to engage in collaborative conferencing with its professional employees pursuant to this part unless a majority of those eligible to vote in the poll under subdivision (b)(2) respond "YES" to the first question. (4) Upon receiving the results of the poll in which the majority of those eligible to vote respond "YES" to the first question, the board of education shall appoint at least seven (7), but no more than eleven (11) persons, to serve as management personnel. The professional employees shall be entitled to the same number of representatives as the number of management personnel selected by the board of education. The professional employee representatives shall be selected according to each organization's proportional share of the responses to the second question; provided, however, that only those professional employees' organizations receiving fifteen percent (15%) or more of the responses to the second question shall be entitled to representation. The category of "unaffiliated" as a response to the second question, but not the category of "none of the above", shall be considered a professional employees' organization for the purposes of this subdivision (b)(4). (5) If fifteen percent (15%) or more of the professional employees polled indicate a preference for an unaffiliated representative, then the special question committee shall select and appoint a person or persons to serve as an unaffiliated representative or representatives according to the proportional share of responses to the second question in the category "unaffiliated". (6) (A) The term of the members of the panel constituted as the result of a poll in which the majority of those eligible to vote respond "YES" to the first question shall be three (3) years. If a vacancy occurs on the panel, then the appointing body which appointed the member to the position that became vacant shall appoint a replacement for the remainder of the term. Prior to expiration of the terms of the members of the panel, a new poll shall be conducted under this subsection (b) to determine whether the professional employees want to continue to engage in collaborative conferencing. (B) Notwithstanding subdivision (b)(6)(A) to the contrary, a memorandum of understanding may provide for polls after a poll in which the majority of those eligible to vote responded "YES" to the first question to occur more frequently than once every three (3) years. The term of the members selected for the panel after such poll shall be the length of time specified by the memorandum of understanding between two (2) polls.
(1) Upon the submission by fifteen percent (15%) or more of the professional employees in an LEA of a written request to conduct collaborative conferencing with a board of education between October 1 and November 1 of any year, the board of education shall appoint an equal number of its professional employees and board members to serve on a special question committee for the purpose of conducting a confidential poll of all eligible professional employees as provided in subdivision (b)(2).
(2) (A) The confidential poll shall be by secret ballot and shall require the employee to respond to two (2) questions. The first question shall request the employee to respond "YES" or "NO" to the question: Shall the professional employees of this LEA undertake collaborative conferencing with the board of education? (B) If the employee responds "YES" to the first question, then the second question shall request that the employee indicate which organization the employee prefers to represent the employee in collaborative conferencing by checking the box related to one (1) of the professional employees' organizations having a presence in the LEA. The second question shall also include a box for the response of "unaffiliated", if an employee does not have a preference as to a professional employees' organization. If the employee responds "NO" to the first question, then the second question shall request the employee to express a preference for one (1) of the professional employees' organizations. The second question shall also provide for a response of "unaffiliated", if an employee does not have a preference of a professional employees' organization, or a response of "none of the above", if the employee does not want to be represented in collaborative conferencing, if such conferencing should occur.
(A) The confidential poll shall be by secret ballot and shall require the employee to respond to two (2) questions. The first question shall request the employee to respond "YES" or "NO" to the question: Shall the professional employees of this LEA undertake collaborative conferencing with the board of education?
Shall the professional employees of this LEA undertake collaborative conferencing with the board of education?
(B) If the employee responds "YES" to the first question, then the second question shall request that the employee indicate which organization the employee prefers to represent the employee in collaborative conferencing by checking the box related to one (1) of the professional employees' organizations having a presence in the LEA. The second question shall also include a box for the response of "unaffiliated", if an employee does not have a preference as to a professional employees' organization. If the employee responds "NO" to the first question, then the second question shall request the employee to express a preference for one (1) of the professional employees' organizations. The second question shall also provide for a response of "unaffiliated", if an employee does not have a preference of a professional employees' organization, or a response of "none of the above", if the employee does not want to be represented in collaborative conferencing, if such conferencing should occur.
(3) No board of education shall have a duty or obligation to engage in collaborative conferencing with its professional employees pursuant to this part unless a majority of those eligible to vote in the poll under subdivision (b)(2) respond "YES" to the first question.
(4) Upon receiving the results of the poll in which the majority of those eligible to vote respond "YES" to the first question, the board of education shall appoint at least seven (7), but no more than eleven (11) persons, to serve as management personnel. The professional employees shall be entitled to the same number of representatives as the number of management personnel selected by the board of education. The professional employee representatives shall be selected according to each organization's proportional share of the responses to the second question; provided, however, that only those professional employees' organizations receiving fifteen percent (15%) or more of the responses to the second question shall be entitled to representation. The category of "unaffiliated" as a response to the second question, but not the category of "none of the above", shall be considered a professional employees' organization for the purposes of this subdivision (b)(4).
(5) If fifteen percent (15%) or more of the professional employees polled indicate a preference for an unaffiliated representative, then the special question committee shall select and appoint a person or persons to serve as an unaffiliated representative or representatives according to the proportional share of responses to the second question in the category "unaffiliated".
(6) (A) The term of the members of the panel constituted as the result of a poll in which the majority of those eligible to vote respond "YES" to the first question shall be three (3) years. If a vacancy occurs on the panel, then the appointing body which appointed the member to the position that became vacant shall appoint a replacement for the remainder of the term. Prior to expiration of the terms of the members of the panel, a new poll shall be conducted under this subsection (b) to determine whether the professional employees want to continue to engage in collaborative conferencing. (B) Notwithstanding subdivision (b)(6)(A) to the contrary, a memorandum of understanding may provide for polls after a poll in which the majority of those eligible to vote responded "YES" to the first question to occur more frequently than once every three (3) years. The term of the members selected for the panel after such poll shall be the length of time specified by the memorandum of understanding between two (2) polls.
(A) The term of the members of the panel constituted as the result of a poll in which the majority of those eligible to vote respond "YES" to the first question shall be three (3) years. If a vacancy occurs on the panel, then the appointing body which appointed the member to the position that became vacant shall appoint a replacement for the remainder of the term. Prior to expiration of the terms of the members of the panel, a new poll shall be conducted under this subsection (b) to determine whether the professional employees want to continue to engage in collaborative conferencing.
(B) Notwithstanding subdivision (b)(6)(A) to the contrary, a memorandum of understanding may provide for polls after a poll in which the majority of those eligible to vote responded "YES" to the first question to occur more frequently than once every three (3) years. The term of the members selected for the panel after such poll shall be the length of time specified by the memorandum of understanding between two (2) polls.
(c) Each professional employees' organization receiving fifteen percent (15%) or more of the responses shall select and appoint the appropriate number of persons to serve as representatives of the professional employees preferring that organization. The board of education shall select and appoint its representatives. Representatives shall be appointed no later than December 1.
(d) If a majority vote to conduct collaborative conferencing is not secured, then during any subsequent year, the professional employees may again seek to engage in collaborative conferencing pursuant to subsection (b).
(e) The results of the confidential poll and the names and positions of the appointed representatives shall be transmitted to the board, professional employees and professional employee organizations prior to January 1 next.
(f) Those persons or organizations initiating the poll shall be assessed the reasonable costs necessitated in conducting the poll by the chair of the special question committee.
Acts 2011, ch. 378, § 1.
Tenn. Code Ann. § 49-2-403 — TN Code / Title 49 / Chapter 2 / Section 49-2-403
State funding
Status: in_force

All municipalities establishing common schools under this part shall be entitled to receive their proportions of the general school fund of the state, to be applied with the fund collected under §§ 49-2-401 and 49-2-402 . Acts 1872, ch. 12, § 4; Shan., § 1976; mod. Code 1932, § 3388; T.C.A. (orig. ed.), § 49-305.
All municipalities establishing common schools under this part shall be entitled to receive their proportions of the general school fund of the state, to be applied with the fund collected under §§ 49-2-401 and 49-2-402 .
Acts 1872, ch. 12, § 4; Shan., § 1976; mod. Code 1932, § 3388; T.C.A. (orig. ed.), § 49-305.
Tenn. Code Ann. § 49-7-2106 — TN Code / Title 49 / Chapter 7 / Section 49-7-2106
Certificate of registration - Issuance or denial - Renewal
Status: in_force

(a) Except as otherwise provided in subsection (b), the secretary of state shall issue a certificate of registration to an applicant for registration who complies with § 49-7-2105(a) and who has submitted the requisite fee. (b) The secretary of state may refuse to issue a certificate of registration to an applicant for registration under § 49-7-2105(a) if the secretary of state determines that the applicant has engaged in conduct that significantly adversely reflects on the applicant's fitness to act as an athlete agent. In making the determination, the secretary of state may consider whether the applicant has: (1) Pleaded guilty or no contest to, has been convicted of, or has charges pending for, a crime that would involve moral turpitude or be a felony if committed in this state; (2) Made a materially false, misleading, deceptive, or fraudulent representation in the application or as an athlete agent; (3) Engaged in conduct that would disqualify the applicant from serving in a fiduciary capacity; (4) Engaged in conduct prohibited by § 49-7-2114 ; (5) Had a registration as an athlete agent suspended, revoked, or denied in any state; (6) Been refused renewal of registration as an athlete agent in any state; (7) Engaged in conduct resulting in imposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic sport, intercollegiate sport, or professional athletic event on a student athlete or a sanction on an educational institution; or (8) Engaged in conduct that adversely reflects on the applicant's credibility, honesty, or integrity. (c) In making a determination under subsection (b), the secretary of state shall consider: (1) How recently the conduct occurred; (2) The nature of the conduct and the context in which it occurred; and (3) Other relevant conduct of the applicant. (d) An athlete agent registered under subsection (a) may apply to renew the registration by submitting an application for renewal in a form prescribed by the secretary of state and by submitting the requisite fee. An application filed under this section is a public record for purposes of title 10, chapter 7. The applicant shall sign the application for renewal and include current information on all matters required in an original application for registration. (e) An athlete agent registered under § 49-7-2105(c) may renew the registration by proceeding under subsection (d) or, if the registration in the other state has been renewed, by submitting to the secretary of state copies of the application for renewal in the other state and the renewed registration from the other state. The secretary of state shall renew the registration if the secretary of state determines: (1) The registration requirements of the other state are substantially similar to or more restrictive than this part; and (2) The renewed registration has not been suspended or revoked and no action involving the individual's conduct as an athlete agent is pending against the individual or the individual's registration in any state. (f) A certificate of registration or renewal of registration under this part is valid for two (2) years. (g) Any registration pursuant to this part shall automatically expire, without notice, on the expiration date set forth on the registration. (h) A certificate of registration issued to an athlete agent is not transferable. (i) (1) Notwithstanding this part to the contrary, in reviewing an application for registration or a renewal of registration, the secretary of state may request clarifying information from the applicant, including, but not limited to: (A) Information concerning any criminal conviction reported pursuant to § 49-7-2105(a)(9) ; (B) Information concerning any conduct resulting in sanction, suspension, or declaration of ineligibility of any student athlete or educational institution reported pursuant to § 49-7-2105(a)(14) ; and (C) Information concerning denial, suspension, or revocation of registration or licensure reported pursuant to § 49-7-2105(a)(16) . (2) Failure to submit the information within thirty (30) days of the request is grounds for denial, revocation, or refusal to renew a certificate of registration pursuant to this section. (3) No person shall act as an athlete agent for any purpose within this state pending submission of the clarifying information. A violation of this subdivision (i)(3) is a Class D felony. Amended by 2022 Tenn. Acts, ch. 773, s 12, eff. 4/8/2022. Added by 2017 Tenn. Acts, ch. 216, s 1, eff. 9/1/2017.
(a) Except as otherwise provided in subsection (b), the secretary of state shall issue a certificate of registration to an applicant for registration who complies with § 49-7-2105(a) and who has submitted the requisite fee.
(b) The secretary of state may refuse to issue a certificate of registration to an applicant for registration under § 49-7-2105(a) if the secretary of state determines that the applicant has engaged in conduct that significantly adversely reflects on the applicant's fitness to act as an athlete agent. In making the determination, the secretary of state may consider whether the applicant has: (1) Pleaded guilty or no contest to, has been convicted of, or has charges pending for, a crime that would involve moral turpitude or be a felony if committed in this state; (2) Made a materially false, misleading, deceptive, or fraudulent representation in the application or as an athlete agent; (3) Engaged in conduct that would disqualify the applicant from serving in a fiduciary capacity; (4) Engaged in conduct prohibited by § 49-7-2114 ; (5) Had a registration as an athlete agent suspended, revoked, or denied in any state; (6) Been refused renewal of registration as an athlete agent in any state; (7) Engaged in conduct resulting in imposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic sport, intercollegiate sport, or professional athletic event on a student athlete or a sanction on an educational institution; or (8) Engaged in conduct that adversely reflects on the applicant's credibility, honesty, or integrity.
(1) Pleaded guilty or no contest to, has been convicted of, or has charges pending for, a crime that would involve moral turpitude or be a felony if committed in this state;
(2) Made a materially false, misleading, deceptive, or fraudulent representation in the application or as an athlete agent;
(3) Engaged in conduct that would disqualify the applicant from serving in a fiduciary capacity;
(4) Engaged in conduct prohibited by § 49-7-2114 ;
(5) Had a registration as an athlete agent suspended, revoked, or denied in any state;
(6) Been refused renewal of registration as an athlete agent in any state;
(7) Engaged in conduct resulting in imposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic sport, intercollegiate sport, or professional athletic event on a student athlete or a sanction on an educational institution; or
(8) Engaged in conduct that adversely reflects on the applicant's credibility, honesty, or integrity.
(c) In making a determination under subsection (b), the secretary of state shall consider: (1) How recently the conduct occurred; (2) The nature of the conduct and the context in which it occurred; and (3) Other relevant conduct of the applicant.
(1) How recently the conduct occurred;
(2) The nature of the conduct and the context in which it occurred; and
(3) Other relevant conduct of the applicant.
(d) An athlete agent registered under subsection (a) may apply to renew the registration by submitting an application for renewal in a form prescribed by the secretary of state and by submitting the requisite fee. An application filed under this section is a public record for purposes of title 10, chapter 7. The applicant shall sign the application for renewal and include current information on all matters required in an original application for registration.
(e) An athlete agent registered under § 49-7-2105(c) may renew the registration by proceeding under subsection (d) or, if the registration in the other state has been renewed, by submitting to the secretary of state copies of the application for renewal in the other state and the renewed registration from the other state. The secretary of state shall renew the registration if the secretary of state determines: (1) The registration requirements of the other state are substantially similar to or more restrictive than this part; and (2) The renewed registration has not been suspended or revoked and no action involving the individual's conduct as an athlete agent is pending against the individual or the individual's registration in any state.
(1) The registration requirements of the other state are substantially similar to or more restrictive than this part; and
(2) The renewed registration has not been suspended or revoked and no action involving the individual's conduct as an athlete agent is pending against the individual or the individual's registration in any state.
(f) A certificate of registration or renewal of registration under this part is valid for two (2) years.
(g) Any registration pursuant to this part shall automatically expire, without notice, on the expiration date set forth on the registration.
(h) A certificate of registration issued to an athlete agent is not transferable.
(i) (1) Notwithstanding this part to the contrary, in reviewing an application for registration or a renewal of registration, the secretary of state may request clarifying information from the applicant, including, but not limited to: (A) Information concerning any criminal conviction reported pursuant to § 49-7-2105(a)(9) ; (B) Information concerning any conduct resulting in sanction, suspension, or declaration of ineligibility of any student athlete or educational institution reported pursuant to § 49-7-2105(a)(14) ; and (C) Information concerning denial, suspension, or revocation of registration or licensure reported pursuant to § 49-7-2105(a)(16) . (2) Failure to submit the information within thirty (30) days of the request is grounds for denial, revocation, or refusal to renew a certificate of registration pursuant to this section. (3) No person shall act as an athlete agent for any purpose within this state pending submission of the clarifying information. A violation of this subdivision (i)(3) is a Class D felony.
(1) Notwithstanding this part to the contrary, in reviewing an application for registration or a renewal of registration, the secretary of state may request clarifying information from the applicant, including, but not limited to: (A) Information concerning any criminal conviction reported pursuant to § 49-7-2105(a)(9) ; (B) Information concerning any conduct resulting in sanction, suspension, or declaration of ineligibility of any student athlete or educational institution reported pursuant to § 49-7-2105(a)(14) ; and (C) Information concerning denial, suspension, or revocation of registration or licensure reported pursuant to § 49-7-2105(a)(16) .
(A) Information concerning any criminal conviction reported pursuant to § 49-7-2105(a)(9) ;
(B) Information concerning any conduct resulting in sanction, suspension, or declaration of ineligibility of any student athlete or educational institution reported pursuant to § 49-7-2105(a)(14) ; and
(C) Information concerning denial, suspension, or revocation of registration or licensure reported pursuant to § 49-7-2105(a)(16) .
(2) Failure to submit the information within thirty (30) days of the request is grounds for denial, revocation, or refusal to renew a certificate of registration pursuant to this section.
(3) No person shall act as an athlete agent for any purpose within this state pending submission of the clarifying information. A violation of this subdivision (i)(3) is a Class D felony.
Amended by 2022 Tenn. Acts, ch. 773, s 12, eff. 4/8/2022.
Added by 2017 Tenn. Acts, ch. 216, s 1, eff. 9/1/2017.
Tenn. Code Ann. § 49-7-2401 — TN Code / Title 49 / Chapter 7 / Section 49-7-2401
Short title
Status: in_force

This part shall be known and may be cited as the "Campus Free Speech Protection Act." Added by 2017 Tenn. Acts, ch. 336,s 2, eff. 1/1/2018.
This part shall be known and may be cited as the "Campus Free Speech Protection Act."
Added by 2017 Tenn. Acts, ch. 336,s 2, eff. 1/1/2018.
Tenn. Code Ann. § 49-7-177 — TN Code / Title 49 / Chapter 7 / Section 49-7-177
Annual collection of information by higher education commission - Web-based platform to assist students in making informed decisions about possible postsecondary credential pathways and outcomes
Status: in_force

(a) As used in this section: (1) "Community college" means a two-year public institution operated by the board of regents of the state university and community college system; (2) "Personally-identifiable information" means information that would allow a reasonable person, who does not have personal knowledge of the relevant circumstances, to determine an individual's identity with reasonable certainty, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual; (3) "State university" means a four-year public institution of higher education operated by the board of trustees of the University of Tennessee or a state university board; (4) "TCAT" means a Tennessee college of applied technology operated by the board of regents of the state university and community college system; and (5) "THEC" means the Tennessee higher education commission. (b) THEC may collect the following information or data annually, including from public institutions of higher education, where applicable: (1) The high demand occupations in the state, including salary and education level required for such occupations; (2) The average cost of attendance at each state university, community college, and TCAT; (3) The student-level loan data for students participating or enrolling in any state university, community college, or TCAT participating in the federal loan program; (4) The average student loan default rate for a student at a state university, community college, or TCAT; (5) The average graduation rates for each state university and community college; (6) The completion rates for TCATs; (7) The average salary by degree type for graduates of state universities and community colleges; and (8) The average salary by credential type for graduates of TCATs. (c) THEC may make available a publicly accessible web-based platform that is capable of assisting current and prospective students in making informed decisions about possible postsecondary credential pathways and outcomes. THEC may utilize, modify, and expand an existing web-based platform for purposes of this section if the end product is capable of assisting current and prospective students in making informed decisions about possible postsecondary credential pathways and outcomes. (d) A web-based platform developed pursuant to this section must be: (1) Capable of searching and comparing available data across multiple programs and institution types; and (2) Able to correlate specific institutions with the related information collected under subsection (b). (e) Within the web-based platform, THEC may include documents, hyperlinks, or other resources related to: (1) Additional information relative to state-funded financial aid options; (2) Military enlistment opportunities and benefits information including the Tennessee national guard; and (3) The highest need occupations in the state and associated salary information. (f) A web-based platform authorized pursuant to this section shall not contain personally-identifiable information. Any personally-identifiable information collected for purposes of supporting or populating the web-based platform must be aggregated into summary statistics before the information is used to ensure that the results cannot be used to identify individual students. Added by 2021 Tenn. Acts, ch. 507,s 2, eff. 7/1/2022.
(a) As used in this section: (1) "Community college" means a two-year public institution operated by the board of regents of the state university and community college system; (2) "Personally-identifiable information" means information that would allow a reasonable person, who does not have personal knowledge of the relevant circumstances, to determine an individual's identity with reasonable certainty, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual; (3) "State university" means a four-year public institution of higher education operated by the board of trustees of the University of Tennessee or a state university board; (4) "TCAT" means a Tennessee college of applied technology operated by the board of regents of the state university and community college system; and (5) "THEC" means the Tennessee higher education commission.
(1) "Community college" means a two-year public institution operated by the board of regents of the state university and community college system;
(2) "Personally-identifiable information" means information that would allow a reasonable person, who does not have personal knowledge of the relevant circumstances, to determine an individual's identity with reasonable certainty, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual;
(3) "State university" means a four-year public institution of higher education operated by the board of trustees of the University of Tennessee or a state university board;
(4) "TCAT" means a Tennessee college of applied technology operated by the board of regents of the state university and community college system; and
(5) "THEC" means the Tennessee higher education commission.
(b) THEC may collect the following information or data annually, including from public institutions of higher education, where applicable: (1) The high demand occupations in the state, including salary and education level required for such occupations; (2) The average cost of attendance at each state university, community college, and TCAT; (3) The student-level loan data for students participating or enrolling in any state university, community college, or TCAT participating in the federal loan program; (4) The average student loan default rate for a student at a state university, community college, or TCAT; (5) The average graduation rates for each state university and community college; (6) The completion rates for TCATs; (7) The average salary by degree type for graduates of state universities and community colleges; and (8) The average salary by credential type for graduates of TCATs.
(1) The high demand occupations in the state, including salary and education level required for such occupations;
(2) The average cost of attendance at each state university, community college, and TCAT;
(3) The student-level loan data for students participating or enrolling in any state university, community college, or TCAT participating in the federal loan program;
(4) The average student loan default rate for a student at a state university, community college, or TCAT;
(5) The average graduation rates for each state university and community college;
(6) The completion rates for TCATs;
(7) The average salary by degree type for graduates of state universities and community colleges; and
(8) The average salary by credential type for graduates of TCATs.
(c) THEC may make available a publicly accessible web-based platform that is capable of assisting current and prospective students in making informed decisions about possible postsecondary credential pathways and outcomes. THEC may utilize, modify, and expand an existing web-based platform for purposes of this section if the end product is capable of assisting current and prospective students in making informed decisions about possible postsecondary credential pathways and outcomes.
(d) A web-based platform developed pursuant to this section must be: (1) Capable of searching and comparing available data across multiple programs and institution types; and (2) Able to correlate specific institutions with the related information collected under subsection (b).
(1) Capable of searching and comparing available data across multiple programs and institution types; and
(2) Able to correlate specific institutions with the related information collected under subsection (b).
(e) Within the web-based platform, THEC may include documents, hyperlinks, or other resources related to: (1) Additional information relative to state-funded financial aid options; (2) Military enlistment opportunities and benefits information including the Tennessee national guard; and (3) The highest need occupations in the state and associated salary information.
(1) Additional information relative to state-funded financial aid options;
(2) Military enlistment opportunities and benefits information including the Tennessee national guard; and
(3) The highest need occupations in the state and associated salary information.
(f) A web-based platform authorized pursuant to this section shall not contain personally-identifiable information. Any personally-identifiable information collected for purposes of supporting or populating the web-based platform must be aggregated into summary statistics before the information is used to ensure that the results cannot be used to identify individual students.
Added by 2021 Tenn. Acts, ch. 507,s 2, eff. 7/1/2022.
Tenn. Code Ann. § 49-3-352 — TN Code / Title 49 / Chapter 3 / Section 49-3-352
Dedicated education fund
Status: in_force

(a) There is established within the general fund of each LEA a special revenue account to be known as the dedicated education fund. (b) All appropriations from all sources intended to fund any function or expense of the LEA shall be appropriated to this account and an affirmative vote by a majority of the membership of the board shall be required to disburse funds from the account. Money in the dedicated education fund shall be invested as provided by law. (c) Any fund balance remaining unexpended at the end of a fiscal year in the general fund of the local public education system shall be carried forward into the subsequent fiscal year. The fund balance shall be available to offset shortfalls of budgeted revenues or, subject to § 49-2-301(b)(1)(U) , shall be available to meet unforeseen increases in operating expenses. Any accumulated fund balance in excess of three percent (3%) of the budgeted annual operating expenses for the current fiscal year may be budgeted and expended for any education purposes, but must be recommended by the board of education prior to appropriation by the local legislative body. Notwithstanding this section or any other law to the contrary, in any fiscal year in which state-shared revenues distributed to counties are reduced below the levels distributed to counties in the 2002-2003 fiscal year, any or all of the accumulated fund balance may be used for education purposes without restrictions; provided, however, that for the 2004-2005 fiscal year only, if an LEA submits to the department for approval a budget that contains the use of unrestricted accumulated funds under this subsection (c) and it is subsequently determined that state-shared revenues distributed to counties are equal to or greater than levels distributed to counties in the 2002-2003 fiscal year, the commissioner shall have the authority to approve the unrestricted use of the accumulated funds. (d) Subsection (b) shall not apply in counties having a population of not less than seventy-five thousand one hundred (75,100) nor more than seventy-five thousand two hundred (75,200), according to the 2010 federal census or any subsequent federal census, and that contain a national laboratory. In any such county, all appropriations from all sources to fund public education shall be deposited into the dedicated education fund. Money in the dedicated education fund shall be invested as provided by law. Amended by 2014 Tenn. Acts, ch. 980,s 1, eff. 5/22/2014. Amended by 2013 Tenn. Acts, ch. 214, s 5, eff. 4/23/2013. Acts 1992, ch. 535, § 3; 2003 , ch. 355, § 60; 2004, ch. 837, § 1; 2005, ch. 223, § 1.
(a) There is established within the general fund of each LEA a special revenue account to be known as the dedicated education fund.
(b) All appropriations from all sources intended to fund any function or expense of the LEA shall be appropriated to this account and an affirmative vote by a majority of the membership of the board shall be required to disburse funds from the account. Money in the dedicated education fund shall be invested as provided by law.
(c) Any fund balance remaining unexpended at the end of a fiscal year in the general fund of the local public education system shall be carried forward into the subsequent fiscal year. The fund balance shall be available to offset shortfalls of budgeted revenues or, subject to § 49-2-301(b)(1)(U) , shall be available to meet unforeseen increases in operating expenses. Any accumulated fund balance in excess of three percent (3%) of the budgeted annual operating expenses for the current fiscal year may be budgeted and expended for any education purposes, but must be recommended by the board of education prior to appropriation by the local legislative body. Notwithstanding this section or any other law to the contrary, in any fiscal year in which state-shared revenues distributed to counties are reduced below the levels distributed to counties in the 2002-2003 fiscal year, any or all of the accumulated fund balance may be used for education purposes without restrictions; provided, however, that for the 2004-2005 fiscal year only, if an LEA submits to the department for approval a budget that contains the use of unrestricted accumulated funds under this subsection (c) and it is subsequently determined that state-shared revenues distributed to counties are equal to or greater than levels distributed to counties in the 2002-2003 fiscal year, the commissioner shall have the authority to approve the unrestricted use of the accumulated funds.
(d) Subsection (b) shall not apply in counties having a population of not less than seventy-five thousand one hundred (75,100) nor more than seventy-five thousand two hundred (75,200), according to the 2010 federal census or any subsequent federal census, and that contain a national laboratory. In any such county, all appropriations from all sources to fund public education shall be deposited into the dedicated education fund. Money in the dedicated education fund shall be invested as provided by law.
Amended by 2014 Tenn. Acts, ch. 980,s 1, eff. 5/22/2014.
Amended by 2013 Tenn. Acts, ch. 214, s 5, eff. 4/23/2013.
Acts 1992, ch. 535, § 3; 2003 , ch. 355, § 60; 2004, ch. 837, § 1; 2005, ch. 223, § 1.
Tenn. Code Ann. § 49-5-5607 — TN Code / Title 49 / Chapter 5 / Section 49-5-5607
State board review of teacher training institutions - Probation - Revocation of state approval - Annual performance reports - Promulgation of rules
Status: in_force

(a) The state board of education shall review the scores on the state teachers examination from each public and private teacher training institution. Any institution that had thirty percent (30%) or more of its students fail the examination in the previous year shall be informed and placed on probationary status. Any institution that has thirty percent (30%) or more of its students fail in two (2) consecutive years shall have its state approval revoked by the state board of education. (b) (1) The department of education shall develop annual performance reports for all approved educator preparation providers. (2) Each annual performance report must include the results of the department's review of the educator preparation provider's implementation of instruction aligned with the foundational literacy skills standards established pursuant to § 49-5-5619 . (3) The department shall require approved educator preparation providers to submit evidence to the department demonstrating that the instruction provided by the educator preparation provider to candidates seeking a license to teach in this state is aligned with all applicable foundational literacy skills standards, including, but not limited to, the foundational literacy skills standards established pursuant to § 49-5-5619 . (4) The state board of education shall publish the results of a review conducted by the department pursuant to subdivision (b)(2) in the state board of education's annual teacher preparation report card prepared pursuant to § 49-5-108 . (5) If the results of a review conducted pursuant to subdivision (b)(2) show that an educator preparation provider is not implementing instruction aligned with the foundational literacy skills standards, or is otherwise not meeting the state board's expectations for purposes of § 49-5-5619 , then the state board shall require the educator preparation provider to create and implement a corrective action plan. If the educator preparation provider fails to implement the corrective action plan, then the state board may revoke the state board's approval of the program. (c) The state board of education shall promulgate rules necessary to effectuate this section. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Amended by 2022 Tenn. Acts, ch. 974, s 2, eff. 5/3/2022. Amended by 2018 Tenn. Acts, ch. 1036, s 3, eff. 1/1/2019. Acts 1984 (1st E.S.), ch. 7, § 71; 2003 , ch. 315, § 1.
(a) The state board of education shall review the scores on the state teachers examination from each public and private teacher training institution. Any institution that had thirty percent (30%) or more of its students fail the examination in the previous year shall be informed and placed on probationary status. Any institution that has thirty percent (30%) or more of its students fail in two (2) consecutive years shall have its state approval revoked by the state board of education.
(b) (1) The department of education shall develop annual performance reports for all approved educator preparation providers. (2) Each annual performance report must include the results of the department's review of the educator preparation provider's implementation of instruction aligned with the foundational literacy skills standards established pursuant to § 49-5-5619 . (3) The department shall require approved educator preparation providers to submit evidence to the department demonstrating that the instruction provided by the educator preparation provider to candidates seeking a license to teach in this state is aligned with all applicable foundational literacy skills standards, including, but not limited to, the foundational literacy skills standards established pursuant to § 49-5-5619 . (4) The state board of education shall publish the results of a review conducted by the department pursuant to subdivision (b)(2) in the state board of education's annual teacher preparation report card prepared pursuant to § 49-5-108 . (5) If the results of a review conducted pursuant to subdivision (b)(2) show that an educator preparation provider is not implementing instruction aligned with the foundational literacy skills standards, or is otherwise not meeting the state board's expectations for purposes of § 49-5-5619 , then the state board shall require the educator preparation provider to create and implement a corrective action plan. If the educator preparation provider fails to implement the corrective action plan, then the state board may revoke the state board's approval of the program.
(1) The department of education shall develop annual performance reports for all approved educator preparation providers.
(2) Each annual performance report must include the results of the department's review of the educator preparation provider's implementation of instruction aligned with the foundational literacy skills standards established pursuant to § 49-5-5619 .
(3) The department shall require approved educator preparation providers to submit evidence to the department demonstrating that the instruction provided by the educator preparation provider to candidates seeking a license to teach in this state is aligned with all applicable foundational literacy skills standards, including, but not limited to, the foundational literacy skills standards established pursuant to § 49-5-5619 .
(4) The state board of education shall publish the results of a review conducted by the department pursuant to subdivision (b)(2) in the state board of education's annual teacher preparation report card prepared pursuant to § 49-5-108 .
(5) If the results of a review conducted pursuant to subdivision (b)(2) show that an educator preparation provider is not implementing instruction aligned with the foundational literacy skills standards, or is otherwise not meeting the state board's expectations for purposes of § 49-5-5619 , then the state board shall require the educator preparation provider to create and implement a corrective action plan. If the educator preparation provider fails to implement the corrective action plan, then the state board may revoke the state board's approval of the program.
(c) The state board of education shall promulgate rules necessary to effectuate this section. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Amended by 2022 Tenn. Acts, ch. 974, s 2, eff. 5/3/2022.
Amended by 2018 Tenn. Acts, ch. 1036, s 3, eff. 1/1/2019.
Acts 1984 (1st E.S.), ch. 7, § 71; 2003 , ch. 315, § 1.
Tenn. Code Ann. § 49-9-113 — TN Code / Title 49 / Chapter 9 / Section 49-9-113
Foundations for the benefit of the University of Tennessee
Status: in_force

(a) The University of Tennessee board of trustees is expressly authorized and empowered to designate one (1) or more foundations established to support the university, pursuant to § 49-7-107 , or any existing foundation created to support a campus of the university, to receive and hold private gifts for support of the university unless the donor has specifically directed in writing that a gift be received and held by the university. (b) The University of Tennessee is expressly authorized and empowered to enter into a fee-for-services agreement with one (1) or more foundations established to support the university, pursuant to § 49-7-107 , or any existing foundation created to support a campus of the university, under which the foundation will provide development and alumni services for the university. An agreement for services under this subsection (b) shall be subject to the prior approval of the University of Tennessee board of trustees and to all prior approvals required by state laws, rules, or regulations. (c) The University of Tennessee is expressly authorized and empowered to enter into an agreement to lease university employees to one (1) or more foundations established to support the university, pursuant to § 49-7-107 , or any existing foundation created to support a campus of the university, to carry out the mission of the foundation, including, but not limited to, providing development and alumni services for the university. Employees leased under the authority of this subsection (c) shall remain eligible for participation in all university benefit programs for which they are otherwise eligible. An agreement for the lease of employees under the authority of this subsection (c) shall be subject to the prior approval of the University of Tennessee board of trustees and to the prior approval of the attorney general and reporter as to form and legality. (d) The University of Tennessee is expressly authorized and empowered to enter into a fee-for-services agreement to provide services, including, but not limited to, human resources services, information technology services, and accounting and financial services, to one (1) or more foundations established to support the university, pursuant to § 49-7-107 , or any existing foundation created to support a campus of the university. (e) (1) All full board meetings of any foundation established to support the University of Tennessee, pursuant to § 49-7-107 , or any existing foundation created to support a campus of the University of Tennessee, shall be open to the public except for executive sessions that include, but are not limited to, any of the following matters: litigation; audits or investigations; human resource issues; gift acceptance deliberations; board training; governance; donor strategy sessions; and security measures. (2) All expenditures by any foundation established to support the University of Tennessee, pursuant to § 49-7-107 , or any existing foundation created to support a campus of the University of Tennessee, shall be open for public inspection upon specific request. (f) Nothing in this section shall be deemed or construed to waive or abrogate in any way the sovereign immunity of the state, the university or any officer or employee of the state or the university or to deprive any officer or employee of the state or university of any other immunity to which the officer or employee is otherwise entitled under state law. Acts 2011 , ch. 59, § 1.
(a) The University of Tennessee board of trustees is expressly authorized and empowered to designate one (1) or more foundations established to support the university, pursuant to § 49-7-107 , or any existing foundation created to support a campus of the university, to receive and hold private gifts for support of the university unless the donor has specifically directed in writing that a gift be received and held by the university.
(b) The University of Tennessee is expressly authorized and empowered to enter into a fee-for-services agreement with one (1) or more foundations established to support the university, pursuant to § 49-7-107 , or any existing foundation created to support a campus of the university, under which the foundation will provide development and alumni services for the university. An agreement for services under this subsection (b) shall be subject to the prior approval of the University of Tennessee board of trustees and to all prior approvals required by state laws, rules, or regulations.
(c) The University of Tennessee is expressly authorized and empowered to enter into an agreement to lease university employees to one (1) or more foundations established to support the university, pursuant to § 49-7-107 , or any existing foundation created to support a campus of the university, to carry out the mission of the foundation, including, but not limited to, providing development and alumni services for the university. Employees leased under the authority of this subsection (c) shall remain eligible for participation in all university benefit programs for which they are otherwise eligible. An agreement for the lease of employees under the authority of this subsection (c) shall be subject to the prior approval of the University of Tennessee board of trustees and to the prior approval of the attorney general and reporter as to form and legality.
(d) The University of Tennessee is expressly authorized and empowered to enter into a fee-for-services agreement to provide services, including, but not limited to, human resources services, information technology services, and accounting and financial services, to one (1) or more foundations established to support the university, pursuant to § 49-7-107 , or any existing foundation created to support a campus of the university.
(e) (1) All full board meetings of any foundation established to support the University of Tennessee, pursuant to § 49-7-107 , or any existing foundation created to support a campus of the University of Tennessee, shall be open to the public except for executive sessions that include, but are not limited to, any of the following matters: litigation; audits or investigations; human resource issues; gift acceptance deliberations; board training; governance; donor strategy sessions; and security measures. (2) All expenditures by any foundation established to support the University of Tennessee, pursuant to § 49-7-107 , or any existing foundation created to support a campus of the University of Tennessee, shall be open for public inspection upon specific request.
(1) All full board meetings of any foundation established to support the University of Tennessee, pursuant to § 49-7-107 , or any existing foundation created to support a campus of the University of Tennessee, shall be open to the public except for executive sessions that include, but are not limited to, any of the following matters: litigation; audits or investigations; human resource issues; gift acceptance deliberations; board training; governance; donor strategy sessions; and security measures.
(2) All expenditures by any foundation established to support the University of Tennessee, pursuant to § 49-7-107 , or any existing foundation created to support a campus of the University of Tennessee, shall be open for public inspection upon specific request.
(f) Nothing in this section shall be deemed or construed to waive or abrogate in any way the sovereign immunity of the state, the university or any officer or employee of the state or the university or to deprive any officer or employee of the state or university of any other immunity to which the officer or employee is otherwise entitled under state law.
Acts 2011 , ch. 59, § 1.
Tenn. Code Ann. § 49-7-1212 — TN Code / Title 49 / Chapter 7 / Section 49-7-1212
Monitoring of program by the higher education commission - Periodic reporting by colleges of applied technology and community colleges
Status: in_force

The higher education commission shall monitor the operation of the LEAP, and require periodic reporting by the colleges of applied technology and community colleges conducting the programs as the executive director deems appropriate, reasonable and necessary to evaluate the performance and effectiveness of the programs throughout the state. Added by 2013 Tenn. Acts, ch. 338,s 13, eff. 1/1/2014.
The higher education commission shall monitor the operation of the LEAP, and require periodic reporting by the colleges of applied technology and community colleges conducting the programs as the executive director deems appropriate, reasonable and necessary to evaluate the performance and effectiveness of the programs throughout the state.
Added by 2013 Tenn. Acts, ch. 338,s 13, eff. 1/1/2014.
Tenn. Code Ann. § 49-2-140 — TN Code / Title 49 / Chapter 2 / Section 49-2-140
Operation of school located within geographic boundaries of municipal LEA by county LEA
Status: in_force

(a) As used in this section: (1) "Bonded indebtedness" means bonds, notes, or other debt instruments with a term of not less than twenty (20) years issued by the county or county LEA, the proceeds of which were used to construct or renovate improvements to land; (2) "Land" means the tract of real property upon which a school operated by a county LEA within the geographic boundaries of a municipal LEA is located, and all contiguous tracts of real property, if any, owned by the county or county LEA that are used for the operation of the school and that are located within the geographic boundaries of the municipal LEA; and (3) "Municipal LEA" means an LEA: (A) Established by a municipality pursuant to § 49-2-127 ; and (B) That serves each of the grades kindergarten through twelve (K-12). (b) Beginning on July 1, 2023, a county LEA shall not operate a school located within the geographic boundaries of a municipal LEA, except as authorized in this section. (c) (1) A county LEA may operate a school located within the geographic boundaries of a municipal LEA if the municipal LEA and the county LEA enter into a written agreement for such purpose by July 1 prior to the start of the school year immediately following the creation of the municipal LEA pursuant to § 49-2-127 or January 1, 2023, whichever is later. A written agreement entered into between a county LEA and a municipal LEA under this subdivision (c)(1) does not have to include the terms outlined in subdivisions (c)(2)(A)-(H). (2) If a county LEA operates a school located within the geographic boundaries of a municipal LEA and the county LEA and the municipal LEA do not enter into a written agreement under subdivision (c)(1) by July 1 prior to the start of the school year immediately following the creation of the municipal LEA or January 1, 2023, whichever is later, then the municipal LEA, or the municipality in which the municipal LEA is located, shall enter into a written agreement with the county LEA to allow the county LEA to continue operating a school located within the geographic boundaries of the municipal LEA. A written agreement required under this subdivision (c)(2) must: (A) Set the term of the agreement, which shall not exceed four (4) years; provided, that the county LEA and the municipal LEA may mutually agree at the conclusion of an initial four-year term to extend the agreement for an additional term that shall not exceed eight (8) years. An agreement shall not be extended more than once and shall not exceed a total of twelve (12) years; (B) Identify each grade level to be taught at each school that is to be operated by the county LEA pursuant to the agreement; (C) Describe the geographic boundaries of each school zone that is to be operated by the county LEA pursuant to the agreement; (D) Comply, as applicable, with title 12, chapter 9 and §§ 49-2-1001 and 49-2-1101 ; (E) Prohibit rent from being charged for the county LEA's operation of a school located within the geographic boundaries of the municipal LEA for the term of the agreement; provided, that rent may be charged for the county LEA's operation of a school located within the geographic boundaries of the municipal LEA for any year for which the county LEA and the municipal LEA mutually agree to extend the agreement beyond the agreement's initial four-year term; (F) Establish that the county LEA is responsible for maintaining all improvements to the land for the term of the agreement, unless the parties to the agreement establish otherwise; (G) Establish that the county LEA is responsible for all utilities and operating expenses of a school located within the geographic boundaries of the municipal LEA that the county LEA operates under the agreement for the term of the agreement, unless the parties to the agreement establish otherwise; and (H) Be approved by the county LEA's local board of education and the municipal LEA's local board of education, or, if the municipal LEA does not have a local board of education, the municipal legislative body. (d) (1) If a county LEA owns or operates a school located within the geographic boundaries of a municipal LEA on July 1 prior to the start of the school year immediately following the creation of the municipal LEA pursuant to § 49-2-127 or July 1, 2023, whichever is later, then title to all real property and fixtures used by the county LEA for the operation of a school located within the geographic boundaries of the municipal LEA immediately vests to the municipal LEA by operation of law on such date unless the county LEA and the municipal LEA have voluntarily entered into a written agreement under subdivision (c)(1), in which case title to all real property and fixtures used by the county LEA for the operation of a school located within the geographic boundaries of the municipal LEA immediately vests to the municipal LEA by operation of law on the date on which the written agreement terminates or expires without renewal. (2) If title to all real property and fixtures used by the county LEA for the operation of a school located within the geographic boundaries of the municipal LEA vests pursuant to subdivision (d)(1), then the director of schools for the municipal LEA shall execute an affidavit evidencing transfer of title from the county LEA to the municipal LEA, or to the municipality in which the municipal LEA is located, and shall record the affidavit with the office of the register of deeds for the county in which the property is located. The effective date of a transfer of title pursuant to this subsection (d) is the date on which the municipal LEA's director of schools records the affidavit with the office of the register of deeds. (e) (1) (A) A municipal LEA, or the municipality in which the municipal LEA is located, that receives title to all real property and fixtures pursuant to subsection (d) shall reimburse the county LEA for: (i) The fair market value of the land transferred to the municipal LEA or the municipality in which the municipal LEA is located, excluding any improvements; and (ii) The principal amount of any outstanding bonded indebtedness for the construction or renovation of improvements to the land, as of the date on which title is transferred under subsection (d). (B) For purposes of this subdivision (e)(1), "fair market value" is determined by taking the average of two (2) separate appraisals conducted by two (2) independent, qualified appraisers, one (1) selected by the county LEA and one (1) selected by the municipal LEA. If the county LEA or the municipal LEA objects to the average appraisal, then the two (2) independent appraisers selected pursuant to this subdivision (e)(1)(B) must select an independent, qualified appraiser to appraise the land and improvements, which will determine the fair market value. (2) (A) At least twenty-five percent (25%) of the reimbursement due to the county LEA must be paid to the county on the effective date of the transfer of title. The remainder of the reimbursement must be paid to the county LEA in eight (8) annual installments. The first installment is due one (1) year from the date on which title to all real property and fixtures was transferred to the municipal LEA, or to the municipality in which the municipal LEA is located, pursuant to subsection (d). All subsequent installments are due annually on that same date until the reimbursement obligation is satisfied. (B) Subdivision (e)(2)(A) does not prohibit the municipal LEA, or the municipality in which the municipal LEA is located, from paying the reimbursement due to the county LEA in one (1) lump sum or in fewer or more frequent installments than required in subdivision (e)(2)(A). (3) If the proceeds of any outstanding bonded indebtedness were used by the county or the county LEA to pay the costs of constructing or renovating improvements for more than one (1) property owned by the county or the county LEA, then the principal amount of the bonded indebtedness, for purposes of subdivision (e)(1)(A)(ii), must be prorated based on the proportion that the actual construction costs for the improvements or renovations to the land bear to the total construction costs of all improvements funded by the bonded indebtedness used to fund the improvements or renovations to the land. (f) The land and any improvements acquired by the municipal LEA, or the municipality in which the municipal LEA is located, must be used for kindergarten through grade twelve (K-12) educational purposes. If the municipal LEA, or the municipality in which the municipal LEA is located, determines that it is in the community's best interest to sell the land or any improvements thereon during the twenty-year period beginning on the date on which the affidavit evidencing transfer of title is recorded with the office of the register of deeds, then one-half (1/2) of the net proceeds must be divided equally between the municipal LEA, or the municipality in which the municipal LEA is located, as applicable, and the county LEA, less any payments made to the county LEA as provided in subsection (e). (g) Upon the termination or expiration of a written agreement entered into between a county LEA and a municipal LEA under subsection (c), the municipal LEA shall operate a school located within the geographic boundaries of the municipal LEA that was previously operated by the county LEA pursuant to the written agreement. Added by 2022 Tenn. Acts, ch. 1067, s 1, eff. 1/1/2023.
(a) As used in this section: (1) "Bonded indebtedness" means bonds, notes, or other debt instruments with a term of not less than twenty (20) years issued by the county or county LEA, the proceeds of which were used to construct or renovate improvements to land; (2) "Land" means the tract of real property upon which a school operated by a county LEA within the geographic boundaries of a municipal LEA is located, and all contiguous tracts of real property, if any, owned by the county or county LEA that are used for the operation of the school and that are located within the geographic boundaries of the municipal LEA; and (3) "Municipal LEA" means an LEA: (A) Established by a municipality pursuant to § 49-2-127 ; and (B) That serves each of the grades kindergarten through twelve (K-12).
(1) "Bonded indebtedness" means bonds, notes, or other debt instruments with a term of not less than twenty (20) years issued by the county or county LEA, the proceeds of which were used to construct or renovate improvements to land;
(2) "Land" means the tract of real property upon which a school operated by a county LEA within the geographic boundaries of a municipal LEA is located, and all contiguous tracts of real property, if any, owned by the county or county LEA that are used for the operation of the school and that are located within the geographic boundaries of the municipal LEA; and
(3) "Municipal LEA" means an LEA: (A) Established by a municipality pursuant to § 49-2-127 ; and (B) That serves each of the grades kindergarten through twelve (K-12).
(A) Established by a municipality pursuant to § 49-2-127 ; and
(B) That serves each of the grades kindergarten through twelve (K-12).
(b) Beginning on July 1, 2023, a county LEA shall not operate a school located within the geographic boundaries of a municipal LEA, except as authorized in this section.
(c) (1) A county LEA may operate a school located within the geographic boundaries of a municipal LEA if the municipal LEA and the county LEA enter into a written agreement for such purpose by July 1 prior to the start of the school year immediately following the creation of the municipal LEA pursuant to § 49-2-127 or January 1, 2023, whichever is later. A written agreement entered into between a county LEA and a municipal LEA under this subdivision (c)(1) does not have to include the terms outlined in subdivisions (c)(2)(A)-(H). (2) If a county LEA operates a school located within the geographic boundaries of a municipal LEA and the county LEA and the municipal LEA do not enter into a written agreement under subdivision (c)(1) by July 1 prior to the start of the school year immediately following the creation of the municipal LEA or January 1, 2023, whichever is later, then the municipal LEA, or the municipality in which the municipal LEA is located, shall enter into a written agreement with the county LEA to allow the county LEA to continue operating a school located within the geographic boundaries of the municipal LEA. A written agreement required under this subdivision (c)(2) must: (A) Set the term of the agreement, which shall not exceed four (4) years; provided, that the county LEA and the municipal LEA may mutually agree at the conclusion of an initial four-year term to extend the agreement for an additional term that shall not exceed eight (8) years. An agreement shall not be extended more than once and shall not exceed a total of twelve (12) years; (B) Identify each grade level to be taught at each school that is to be operated by the county LEA pursuant to the agreement; (C) Describe the geographic boundaries of each school zone that is to be operated by the county LEA pursuant to the agreement; (D) Comply, as applicable, with title 12, chapter 9 and §§ 49-2-1001 and 49-2-1101 ; (E) Prohibit rent from being charged for the county LEA's operation of a school located within the geographic boundaries of the municipal LEA for the term of the agreement; provided, that rent may be charged for the county LEA's operation of a school located within the geographic boundaries of the municipal LEA for any year for which the county LEA and the municipal LEA mutually agree to extend the agreement beyond the agreement's initial four-year term; (F) Establish that the county LEA is responsible for maintaining all improvements to the land for the term of the agreement, unless the parties to the agreement establish otherwise; (G) Establish that the county LEA is responsible for all utilities and operating expenses of a school located within the geographic boundaries of the municipal LEA that the county LEA operates under the agreement for the term of the agreement, unless the parties to the agreement establish otherwise; and (H) Be approved by the county LEA's local board of education and the municipal LEA's local board of education, or, if the municipal LEA does not have a local board of education, the municipal legislative body.
(1) A county LEA may operate a school located within the geographic boundaries of a municipal LEA if the municipal LEA and the county LEA enter into a written agreement for such purpose by July 1 prior to the start of the school year immediately following the creation of the municipal LEA pursuant to § 49-2-127 or January 1, 2023, whichever is later. A written agreement entered into between a county LEA and a municipal LEA under this subdivision (c)(1) does not have to include the terms outlined in subdivisions (c)(2)(A)-(H).
(2) If a county LEA operates a school located within the geographic boundaries of a municipal LEA and the county LEA and the municipal LEA do not enter into a written agreement under subdivision (c)(1) by July 1 prior to the start of the school year immediately following the creation of the municipal LEA or January 1, 2023, whichever is later, then the municipal LEA, or the municipality in which the municipal LEA is located, shall enter into a written agreement with the county LEA to allow the county LEA to continue operating a school located within the geographic boundaries of the municipal LEA. A written agreement required under this subdivision (c)(2) must: (A) Set the term of the agreement, which shall not exceed four (4) years; provided, that the county LEA and the municipal LEA may mutually agree at the conclusion of an initial four-year term to extend the agreement for an additional term that shall not exceed eight (8) years. An agreement shall not be extended more than once and shall not exceed a total of twelve (12) years; (B) Identify each grade level to be taught at each school that is to be operated by the county LEA pursuant to the agreement; (C) Describe the geographic boundaries of each school zone that is to be operated by the county LEA pursuant to the agreement; (D) Comply, as applicable, with title 12, chapter 9 and §§ 49-2-1001 and 49-2-1101 ; (E) Prohibit rent from being charged for the county LEA's operation of a school located within the geographic boundaries of the municipal LEA for the term of the agreement; provided, that rent may be charged for the county LEA's operation of a school located within the geographic boundaries of the municipal LEA for any year for which the county LEA and the municipal LEA mutually agree to extend the agreement beyond the agreement's initial four-year term; (F) Establish that the county LEA is responsible for maintaining all improvements to the land for the term of the agreement, unless the parties to the agreement establish otherwise; (G) Establish that the county LEA is responsible for all utilities and operating expenses of a school located within the geographic boundaries of the municipal LEA that the county LEA operates under the agreement for the term of the agreement, unless the parties to the agreement establish otherwise; and (H) Be approved by the county LEA's local board of education and the municipal LEA's local board of education, or, if the municipal LEA does not have a local board of education, the municipal legislative body.
(A) Set the term of the agreement, which shall not exceed four (4) years; provided, that the county LEA and the municipal LEA may mutually agree at the conclusion of an initial four-year term to extend the agreement for an additional term that shall not exceed eight (8) years. An agreement shall not be extended more than once and shall not exceed a total of twelve (12) years;
(B) Identify each grade level to be taught at each school that is to be operated by the county LEA pursuant to the agreement;
(C) Describe the geographic boundaries of each school zone that is to be operated by the county LEA pursuant to the agreement;
(D) Comply, as applicable, with title 12, chapter 9 and §§ 49-2-1001 and 49-2-1101 ;
(E) Prohibit rent from being charged for the county LEA's operation of a school located within the geographic boundaries of the municipal LEA for the term of the agreement; provided, that rent may be charged for the county LEA's operation of a school located within the geographic boundaries of the municipal LEA for any year for which the county LEA and the municipal LEA mutually agree to extend the agreement beyond the agreement's initial four-year term;
(F) Establish that the county LEA is responsible for maintaining all improvements to the land for the term of the agreement, unless the parties to the agreement establish otherwise;
(G) Establish that the county LEA is responsible for all utilities and operating expenses of a school located within the geographic boundaries of the municipal LEA that the county LEA operates under the agreement for the term of the agreement, unless the parties to the agreement establish otherwise; and
(H) Be approved by the county LEA's local board of education and the municipal LEA's local board of education, or, if the municipal LEA does not have a local board of education, the municipal legislative body.
(d) (1) If a county LEA owns or operates a school located within the geographic boundaries of a municipal LEA on July 1 prior to the start of the school year immediately following the creation of the municipal LEA pursuant to § 49-2-127 or July 1, 2023, whichever is later, then title to all real property and fixtures used by the county LEA for the operation of a school located within the geographic boundaries of the municipal LEA immediately vests to the municipal LEA by operation of law on such date unless the county LEA and the municipal LEA have voluntarily entered into a written agreement under subdivision (c)(1), in which case title to all real property and fixtures used by the county LEA for the operation of a school located within the geographic boundaries of the municipal LEA immediately vests to the municipal LEA by operation of law on the date on which the written agreement terminates or expires without renewal. (2) If title to all real property and fixtures used by the county LEA for the operation of a school located within the geographic boundaries of the municipal LEA vests pursuant to subdivision (d)(1), then the director of schools for the municipal LEA shall execute an affidavit evidencing transfer of title from the county LEA to the municipal LEA, or to the municipality in which the municipal LEA is located, and shall record the affidavit with the office of the register of deeds for the county in which the property is located. The effective date of a transfer of title pursuant to this subsection (d) is the date on which the municipal LEA's director of schools records the affidavit with the office of the register of deeds.
(1) If a county LEA owns or operates a school located within the geographic boundaries of a municipal LEA on July 1 prior to the start of the school year immediately following the creation of the municipal LEA pursuant to § 49-2-127 or July 1, 2023, whichever is later, then title to all real property and fixtures used by the county LEA for the operation of a school located within the geographic boundaries of the municipal LEA immediately vests to the municipal LEA by operation of law on such date unless the county LEA and the municipal LEA have voluntarily entered into a written agreement under subdivision (c)(1), in which case title to all real property and fixtures used by the county LEA for the operation of a school located within the geographic boundaries of the municipal LEA immediately vests to the municipal LEA by operation of law on the date on which the written agreement terminates or expires without renewal.
(2) If title to all real property and fixtures used by the county LEA for the operation of a school located within the geographic boundaries of the municipal LEA vests pursuant to subdivision (d)(1), then the director of schools for the municipal LEA shall execute an affidavit evidencing transfer of title from the county LEA to the municipal LEA, or to the municipality in which the municipal LEA is located, and shall record the affidavit with the office of the register of deeds for the county in which the property is located. The effective date of a transfer of title pursuant to this subsection (d) is the date on which the municipal LEA's director of schools records the affidavit with the office of the register of deeds.
(e) (1) (A) A municipal LEA, or the municipality in which the municipal LEA is located, that receives title to all real property and fixtures pursuant to subsection (d) shall reimburse the county LEA for: (i) The fair market value of the land transferred to the municipal LEA or the municipality in which the municipal LEA is located, excluding any improvements; and (ii) The principal amount of any outstanding bonded indebtedness for the construction or renovation of improvements to the land, as of the date on which title is transferred under subsection (d). (B) For purposes of this subdivision (e)(1), "fair market value" is determined by taking the average of two (2) separate appraisals conducted by two (2) independent, qualified appraisers, one (1) selected by the county LEA and one (1) selected by the municipal LEA. If the county LEA or the municipal LEA objects to the average appraisal, then the two (2) independent appraisers selected pursuant to this subdivision (e)(1)(B) must select an independent, qualified appraiser to appraise the land and improvements, which will determine the fair market value. (2) (A) At least twenty-five percent (25%) of the reimbursement due to the county LEA must be paid to the county on the effective date of the transfer of title. The remainder of the reimbursement must be paid to the county LEA in eight (8) annual installments. The first installment is due one (1) year from the date on which title to all real property and fixtures was transferred to the municipal LEA, or to the municipality in which the municipal LEA is located, pursuant to subsection (d). All subsequent installments are due annually on that same date until the reimbursement obligation is satisfied. (B) Subdivision (e)(2)(A) does not prohibit the municipal LEA, or the municipality in which the municipal LEA is located, from paying the reimbursement due to the county LEA in one (1) lump sum or in fewer or more frequent installments than required in subdivision (e)(2)(A). (3) If the proceeds of any outstanding bonded indebtedness were used by the county or the county LEA to pay the costs of constructing or renovating improvements for more than one (1) property owned by the county or the county LEA, then the principal amount of the bonded indebtedness, for purposes of subdivision (e)(1)(A)(ii), must be prorated based on the proportion that the actual construction costs for the improvements or renovations to the land bear to the total construction costs of all improvements funded by the bonded indebtedness used to fund the improvements or renovations to the land.
(1) (A) A municipal LEA, or the municipality in which the municipal LEA is located, that receives title to all real property and fixtures pursuant to subsection (d) shall reimburse the county LEA for: (i) The fair market value of the land transferred to the municipal LEA or the municipality in which the municipal LEA is located, excluding any improvements; and (ii) The principal amount of any outstanding bonded indebtedness for the construction or renovation of improvements to the land, as of the date on which title is transferred under subsection (d). (B) For purposes of this subdivision (e)(1), "fair market value" is determined by taking the average of two (2) separate appraisals conducted by two (2) independent, qualified appraisers, one (1) selected by the county LEA and one (1) selected by the municipal LEA. If the county LEA or the municipal LEA objects to the average appraisal, then the two (2) independent appraisers selected pursuant to this subdivision (e)(1)(B) must select an independent, qualified appraiser to appraise the land and improvements, which will determine the fair market value.
(A) A municipal LEA, or the municipality in which the municipal LEA is located, that receives title to all real property and fixtures pursuant to subsection (d) shall reimburse the county LEA for: (i) The fair market value of the land transferred to the municipal LEA or the municipality in which the municipal LEA is located, excluding any improvements; and (ii) The principal amount of any outstanding bonded indebtedness for the construction or renovation of improvements to the land, as of the date on which title is transferred under subsection (d).
(i) The fair market value of the land transferred to the municipal LEA or the municipality in which the municipal LEA is located, excluding any improvements; and
(ii) The principal amount of any outstanding bonded indebtedness for the construction or renovation of improvements to the land, as of the date on which title is transferred under subsection (d).
(B) For purposes of this subdivision (e)(1), "fair market value" is determined by taking the average of two (2) separate appraisals conducted by two (2) independent, qualified appraisers, one (1) selected by the county LEA and one (1) selected by the municipal LEA. If the county LEA or the municipal LEA objects to the average appraisal, then the two (2) independent appraisers selected pursuant to this subdivision (e)(1)(B) must select an independent, qualified appraiser to appraise the land and improvements, which will determine the fair market value.
(2) (A) At least twenty-five percent (25%) of the reimbursement due to the county LEA must be paid to the county on the effective date of the transfer of title. The remainder of the reimbursement must be paid to the county LEA in eight (8) annual installments. The first installment is due one (1) year from the date on which title to all real property and fixtures was transferred to the municipal LEA, or to the municipality in which the municipal LEA is located, pursuant to subsection (d). All subsequent installments are due annually on that same date until the reimbursement obligation is satisfied. (B) Subdivision (e)(2)(A) does not prohibit the municipal LEA, or the municipality in which the municipal LEA is located, from paying the reimbursement due to the county LEA in one (1) lump sum or in fewer or more frequent installments than required in subdivision (e)(2)(A).
(A) At least twenty-five percent (25%) of the reimbursement due to the county LEA must be paid to the county on the effective date of the transfer of title. The remainder of the reimbursement must be paid to the county LEA in eight (8) annual installments. The first installment is due one (1) year from the date on which title to all real property and fixtures was transferred to the municipal LEA, or to the municipality in which the municipal LEA is located, pursuant to subsection (d). All subsequent installments are due annually on that same date until the reimbursement obligation is satisfied.
(B) Subdivision (e)(2)(A) does not prohibit the municipal LEA, or the municipality in which the municipal LEA is located, from paying the reimbursement due to the county LEA in one (1) lump sum or in fewer or more frequent installments than required in subdivision (e)(2)(A).
(3) If the proceeds of any outstanding bonded indebtedness were used by the county or the county LEA to pay the costs of constructing or renovating improvements for more than one (1) property owned by the county or the county LEA, then the principal amount of the bonded indebtedness, for purposes of subdivision (e)(1)(A)(ii), must be prorated based on the proportion that the actual construction costs for the improvements or renovations to the land bear to the total construction costs of all improvements funded by the bonded indebtedness used to fund the improvements or renovations to the land.
(f) The land and any improvements acquired by the municipal LEA, or the municipality in which the municipal LEA is located, must be used for kindergarten through grade twelve (K-12) educational purposes. If the municipal LEA, or the municipality in which the municipal LEA is located, determines that it is in the community's best interest to sell the land or any improvements thereon during the twenty-year period beginning on the date on which the affidavit evidencing transfer of title is recorded with the office of the register of deeds, then one-half (1/2) of the net proceeds must be divided equally between the municipal LEA, or the municipality in which the municipal LEA is located, as applicable, and the county LEA, less any payments made to the county LEA as provided in subsection (e).
(g) Upon the termination or expiration of a written agreement entered into between a county LEA and a municipal LEA under subsection (c), the municipal LEA shall operate a school located within the geographic boundaries of the municipal LEA that was previously operated by the county LEA pursuant to the written agreement.
Added by 2022 Tenn. Acts, ch. 1067, s 1, eff. 1/1/2023.
Tenn. Code Ann. § 49-8-201 — TN Code / Title 49 / Chapter 8 / Section 49-8-201
Composition
Status: in_force

(a) (1) The board shall consist of nineteen (19) members, including four (4) ex officio members who shall be the governor, the commissioners of education and agriculture and the executive director of the higher education commission. (2) The executive director of the higher education commission shall serve as a nonvoting member. (3) (A) Twelve (12) public members shall be appointed by the governor, one (1) of whom shall be from each congressional district, and three (3) at-large from different geographical areas of the state; provided, however, that after July 1, 2016, at-large appointments may be either residents from different geographical areas of the state or non-Tennessee residents. (B) In appointing public members to the board, the governor shall strive to ensure that at least one (1) person serving on the board is sixty (60) years of age or older, that at least one (1) person serving on the board is an honorably discharged military veteran of the United States armed forces, and that at least one (1) person serving on the board is a member of a racial minority. (C) Appointments made after January 1, 1995, shall alternate such that every other appointment of a new member to the board shall be a female until the membership of the board reflects the percentage of females in the population generally, after which this subdivision (a)(3)(C) shall cease to be effective. (D) Beginning July 1, 2017, two (2) members, appointed by the governor, shall be current faculty members at a community college or college of applied technology governed by the board of regents, who served as faculty senate president or the equivalent during the academic year immediately preceding appointment as a regent. One (1) faculty member shall be a voting member and one (1) faculty member shall be a nonvoting member to allow a faculty member to serve one (1) year as a nonvoting member before becoming the voting member. The voting positions shall rotate among the institutions governed by the board of regents. Beginning July 1, 2017, the voting member shall be from a college of applied technology, and the nonvoting member shall be from a community college. The voting and nonvoting members shall each serve a one-year term. On July 1, 2018, the previous nonvoting member from a community college shall become the voting member, and a new nonvoting member from a college of applied technology shall be appointed. Thereafter, the voting and nonvoting positions shall rotate between the community colleges and the colleges of applied technology. The board of regents shall adopt a process ensuring that the position of faculty regent rotates among all of the institutions in the system. (4) The terms of the first at-large members shall be two (2), four (4) and six (6) years, with the terms of the remaining initial eight (8) members to be one (1), two (2), three (3), four (4), five (5), six (6), seven (7) and eight (8) years. The terms for all public members shall begin July 1, 1972. As their terms expire, successors shall be appointed for nine-year terms; provided, that on April 26, 1988, the term shall be for six (6) years, and as each current term expires the successor appointee shall be appointed for a six-year term. (5) The appointed members, except for the faculty members appointed by the governor pursuant to subdivision (a)(3)(D) and the student member appointed by the governor pursuant to subsection (b), are subject to confirmation by the senate, but appointments are effective until adversely acted upon by the senate. (6) Members shall be eligible for reappointment. (7) If a vacancy occurs, except by reason of expiration of term, it shall be filled for the remainder of the term. (8) Each of the two (2) leading political parties shall be represented by at least three (3) appointive members. (9) At least one (1) of the appointed members shall be under thirty (30) years of age. (10) The position of any at-large member of the board shall be vacated at such time as the member ceases to have the member's domicile in this state. (11) The position of any member appointed from the congressional districts shall be vacated at such time as the member ceases to have the member's domicile in that district. However, no incumbent member shall be removed from the member's seat prior to the expiration of the member's current term as a result of changes in congressional districts occasioned by reapportionment. (12) No employee of any public institution of higher education, any elected or appointed official or employee of the state or any member of a governing body for any institution of higher education may serve as a public member of the board while so employed. (b) (1) One (1) member of the board shall be a student who shall be appointed annually by the governor from a list of three (3) nominees selected and submitted no later than the month of April by the presidents of the student government associations or the equivalent of all state colleges of applied technology and community colleges. (2) The student member shall serve for a term of one (1) year, commencing on July 1 following the member's appointment by the governor, and must retain status as a full-time student in good standing in an institution governed by the board of regents for the duration of the student's term on the board, except that a student member who graduates during the student's term as regent may complete that term. (3) The student regent nominees shall be selected in accordance with the following provisions: (A) (i) One (1) nominee shall be enrolled at the time of nomination as a full-time student at a community college governed by the board of regents; (ii) One (1) nominee shall be enrolled at the time of nomination as a full-time student at a college of applied technology; (iii) One (1) nominee shall be enrolled at the time of nomination as a full-time student at any community college or college of applied technology governed by the board of regents, provided that neither of the other two (2) nominees is enrolled at the same institution; (B) All nominees for the position of student regent shall be residents of this state; and (C) A majority of the presidents of the student government associations or the equivalent of all state colleges of applied technology and community colleges governed by the board of regents shall constitute a quorum for the purpose of conducting business of the nomination. A two-thirds (2/3) vote of the quorum shall be required to effect all nominations. (4) The chancellor of the board of regents, or the chancellor's designee, shall notify all presidents of student government associations or the equivalent at institutions governed by the board of regents of the necessity for the conference described in this subsection (b). (c) (1) The board shall hold at least one (1) stated meeting annually on a day or days determined by the board from year to year and at called meetings that may be necessary, to be called by the secretary, giving at least five (5) days' notice to the board members, but the board may adjourn the stated or called meetings to any date that it may set for adjournment. (2) Meetings of the board and meetings of the standing committees of the board must be made available for viewing by the public over the internet by streaming video accessible from the board's website. Archived videos of such meetings must also be available to the public through the board's website. (d) The board shall elect from its members a chair and other officers it deems appropriate, shall determine their terms of office and shall adopt rules for the organization and conduct of business. (e) Nothing in chapter 869 of the Public Acts of 2016 shall be construed to affect the terms of the existing members of the board of regents. Amendments to or revisions of this section shall not affect the current members of the board of regents, who shall continue to serve until the expiration of their terms. (f) (1) (A) Each state university board shall consist of ten (10) members of which nine (9) members shall be voting members and one (1) member shall be a nonvoting member. The nonvoting member shall be a student representative. Of the (9) voting members, at least six (6) members shall be residents of this state. (B) Eight (8) of the voting state university board members shall be appointed by the governor. (C) At least three (3) of the members appointed by the governor shall be alumni of the institution for which they are serving. "Alumnus" shall mean a person who is a graduate of the institution. (D) In making appointments, the governor shall strive to ensure that the state university boards are composed of members who are diverse in sex, race, perspective, experience, and honorable military service. (E) One (1) voting board member shall be a faculty member of the institution who shall be selected in a manner determined by the faculty senate of the respective institution. (F) The nonvoting student member shall be appointed by the state university board. (2) (A) The initial terms of the members appointed by the governor to a state university board shall be three (3), four (4), and six (6) years. Three (3) members shall serve a three-year term; three (3) members shall serve a four-year term; and two (2) members shall serve a six-year term. As the initial terms of the initial board members expire, successors shall be appointed for six-year terms. (B) The faculty member shall serve a term of two (2) years. (C) The nonvoting student member shall serve a term of one (1) year. (3) The eight (8) members of a state university board appointed by the governor shall be subject to confirmation by the senate and the house of representatives, but appointments shall be effective until adversely acted upon by joint resolution of the senate and the house of representatives. (4) State university board members appointed by the governor shall be eligible to serve for two (2) consecutive terms. A member who serves two (2) consecutive terms on a state university board may be reappointed after at least four (4) years have elapsed since the member's last date of service. (5) If a vacancy occurs by death or resignation, the vacancy shall be filled for the remainder of the term. If a vacancy occurs by reason of expiration of term, the board member whose term is expiring shall serve until a successor is appointed. (6) The following individuals are prohibited from serving as a member of a state university board for so long as they hold the office or position: (A) Employees of any public institution of higher education; except those faculty members appointed to the board under subdivision (f)(1)(E); (B) Elected or appointed officials; provided, that this subdivision (f)(6)(B) does not apply to members of the Tennessee higher education commission, if the commission is serving as a state university board pursuant to part 7 of this chapter; (C) State employees; and (D) Members of a governing body for a public institution of higher education. (7) (A) The Tennessee higher education commission shall coordinate and administer an orientation training program, as well as an ongoing continuing education program, for governing board members. This training shall include a perspective on higher education that incorporates national experts in higher education governance. This training shall address the roles and responsibilities of governing boards; the legal and ethical responsibilities of trustees; the board's role in upholding academic standards, intellectual diversity, and academic freedom; budget development; presidential searches and evaluation; the role of higher education in K-12 collaboration; and setting strategic goals. Initial training shall be conducted prior to the first called meeting of the board. In subsequent years, all newly appointed members shall attend orientation seminars within their first year of service. (B) (i) Each state university board's first meeting after all members have been appointed shall be upon the call of the governor, at which point the state university boards shall assume responsibility for the management and governance of their respective institutions. (ii) The state university boards thereafter shall meet at least four (4) times each year. (iii) Meetings of the state university boards shall be made available for viewing by the public over the internet by streaming video accessible from the respective institution's website. Archived videos of the board meetings shall also be available to the public through the respective institution's website. (8) (A) A state university board shall elect from its members a chair and other officers the board deems appropriate. The chair shall serve a term of two (2) years. (B) The board shall adopt by-laws and rules for the organization and conduct of its business. (C) To the extent that the policies and guidelines adopted by the board of regents as of July 1, 2016, are applicable to the state university boards and their respective institutions, such policies shall be deemed the policies and guidelines of the state university boards and their respective institutions until rescinded or revised by the respective state university boards. Boards shall adopt a policy that facilitates ongoing professional development for members. (9) Notwithstanding subdivisions (f)(1)-(8): (A) (i) The state university board for Tennessee State University is vacated on the effective date of this act, and reconstituted to consist of ten (10) members as provided in subdivision (f)(1), who serve initial terms as provided in subdivision (f)(2), whose terms are subject to confirmation by the senate and the house of representatives as provided in subdivision (f)(3), and who are eligible for reappointment as provided in subdivision (f)(4), and (ii) The term of a member who was serving on the state university board for Tennessee State University on the effective date of this act, shall be counted as a term for purposes of subdivision (f)(4); (B) Vacancies occurring on the state university board for Tennessee State University shall be filled in accordance with subdivision (f)(5); (C) The individuals identified in subdivision (f)(6) are prohibited from serving as a member of the state university board for Tennessee State University for so long as they hold the office or position; (D) (i) The eight (8) members appointed by the governor to serve on the state university board for Tennessee State University shall attend orientation seminars coordinated and administered by the commission pursuant to subdivision (f)(7)(A) within their first year of service; and (ii) The governor shall call the first meeting of the reconstituted state university board for Tennessee State University, at which time the board shall assume responsibility for the management and governance of Tennessee State University; thereafter, the state university board shall meet at least four (4) times each year and make its meetings available for public viewing as provided in subdivision (f)(7)(B); and (E) (i) The state university board for Tennessee State University shall elect from its members a chair, who shall serve a term of two (2) years, and other officers the board deems appropriate; and (ii) The board shall adopt bylaws and rules for the organization and conduct of its business, as well as a policy that facilitates ongoing professional development for its members. (g) Board of regents and state university board members shall receive no compensation for their services, but shall be entitled to reimbursement for travel expenses incurred in the performance of their official duties, in conformity with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. Amended by 2024 Tenn. Acts, ch. 925,s 1, eff. 5/6/2024. Amended by 2024 Tenn. Acts, ch. 848,s 2, eff. 5/1/2024. Amended by 2024 Tenn. Acts, ch. 610,s 1, eff. 3/28/2024. Amended by 2022 Tenn. Acts, ch. 755, Secs.s 3, s 4 eff. 3/31/2022. Amended by 2018 Tenn. Acts, ch. 841, Secs.s 1, s 2 eff. 4/26/2018. Amended by 2018 Tenn. Acts, ch. 703, s 3, eff. 4/12/2018. Amended by 2018 Tenn. Acts, ch. 602, s 19, eff. 3/23/2018. Amended by 2017 Tenn. Acts, ch. 480, s 1, eff. 6/6/2017. Amended by 2017 Tenn. Acts, ch. 29, Secs.s 1, s 2 eff. 3/29/2017. Amended by 2016 Tenn. Acts, ch. 869, Secs.s 18, s 19 eff. 7/1/2016. Amended by 2016 Tenn. Acts, ch. 869, s 17, eff. 7/1/2016. Amended by 2013 Tenn. Acts, ch. 473, s 21, eff. 7/1/2013. Acts 1972, ch. 838, §§ 2, 5; 1973, ch. 120, § 1; 1975, ch. 13, §§ 1, 2; 1975, ch. 303, § 1; 1976, ch. 806, § 1(70); 1977, ch. 8, § 3; 1978, ch. 548, §§ 1, 2; 1981, ch. 41, § 1; 1983, ch. 56, §§ 1, 2; T.C.A., §§ 49-3237, 49-3240; Acts 1984, ch. 512, § 1; 1984, ch. 712, § 1; 1987, ch. 60, § 1; 1988, ch. 839, § 2; 1988, ch. 1013, § 20; 1992, ch. 710, § 1; 1994, ch. 731, § 3; 1995, ch. 72, § 1; 1995, ch. 250, §§ 1, 2; 2001, ch. 369, § 2; 2010 , ch. 891, § 1; 2010 , ch. 1051, § 3.
(a) (1) The board shall consist of nineteen (19) members, including four (4) ex officio members who shall be the governor, the commissioners of education and agriculture and the executive director of the higher education commission. (2) The executive director of the higher education commission shall serve as a nonvoting member. (3) (A) Twelve (12) public members shall be appointed by the governor, one (1) of whom shall be from each congressional district, and three (3) at-large from different geographical areas of the state; provided, however, that after July 1, 2016, at-large appointments may be either residents from different geographical areas of the state or non-Tennessee residents. (B) In appointing public members to the board, the governor shall strive to ensure that at least one (1) person serving on the board is sixty (60) years of age or older, that at least one (1) person serving on the board is an honorably discharged military veteran of the United States armed forces, and that at least one (1) person serving on the board is a member of a racial minority. (C) Appointments made after January 1, 1995, shall alternate such that every other appointment of a new member to the board shall be a female until the membership of the board reflects the percentage of females in the population generally, after which this subdivision (a)(3)(C) shall cease to be effective. (D) Beginning July 1, 2017, two (2) members, appointed by the governor, shall be current faculty members at a community college or college of applied technology governed by the board of regents, who served as faculty senate president or the equivalent during the academic year immediately preceding appointment as a regent. One (1) faculty member shall be a voting member and one (1) faculty member shall be a nonvoting member to allow a faculty member to serve one (1) year as a nonvoting member before becoming the voting member. The voting positions shall rotate among the institutions governed by the board of regents. Beginning July 1, 2017, the voting member shall be from a college of applied technology, and the nonvoting member shall be from a community college. The voting and nonvoting members shall each serve a one-year term. On July 1, 2018, the previous nonvoting member from a community college shall become the voting member, and a new nonvoting member from a college of applied technology shall be appointed. Thereafter, the voting and nonvoting positions shall rotate between the community colleges and the colleges of applied technology. The board of regents shall adopt a process ensuring that the position of faculty regent rotates among all of the institutions in the system. (4) The terms of the first at-large members shall be two (2), four (4) and six (6) years, with the terms of the remaining initial eight (8) members to be one (1), two (2), three (3), four (4), five (5), six (6), seven (7) and eight (8) years. The terms for all public members shall begin July 1, 1972. As their terms expire, successors shall be appointed for nine-year terms; provided, that on April 26, 1988, the term shall be for six (6) years, and as each current term expires the successor appointee shall be appointed for a six-year term. (5) The appointed members, except for the faculty members appointed by the governor pursuant to subdivision (a)(3)(D) and the student member appointed by the governor pursuant to subsection (b), are subject to confirmation by the senate, but appointments are effective until adversely acted upon by the senate. (6) Members shall be eligible for reappointment. (7) If a vacancy occurs, except by reason of expiration of term, it shall be filled for the remainder of the term. (8) Each of the two (2) leading political parties shall be represented by at least three (3) appointive members. (9) At least one (1) of the appointed members shall be under thirty (30) years of age. (10) The position of any at-large member of the board shall be vacated at such time as the member ceases to have the member's domicile in this state. (11) The position of any member appointed from the congressional districts shall be vacated at such time as the member ceases to have the member's domicile in that district. However, no incumbent member shall be removed from the member's seat prior to the expiration of the member's current term as a result of changes in congressional districts occasioned by reapportionment. (12) No employee of any public institution of higher education, any elected or appointed official or employee of the state or any member of a governing body for any institution of higher education may serve as a public member of the board while so employed.
(1) The board shall consist of nineteen (19) members, including four (4) ex officio members who shall be the governor, the commissioners of education and agriculture and the executive director of the higher education commission.
(2) The executive director of the higher education commission shall serve as a nonvoting member.
(3) (A) Twelve (12) public members shall be appointed by the governor, one (1) of whom shall be from each congressional district, and three (3) at-large from different geographical areas of the state; provided, however, that after July 1, 2016, at-large appointments may be either residents from different geographical areas of the state or non-Tennessee residents. (B) In appointing public members to the board, the governor shall strive to ensure that at least one (1) person serving on the board is sixty (60) years of age or older, that at least one (1) person serving on the board is an honorably discharged military veteran of the United States armed forces, and that at least one (1) person serving on the board is a member of a racial minority. (C) Appointments made after January 1, 1995, shall alternate such that every other appointment of a new member to the board shall be a female until the membership of the board reflects the percentage of females in the population generally, after which this subdivision (a)(3)(C) shall cease to be effective. (D) Beginning July 1, 2017, two (2) members, appointed by the governor, shall be current faculty members at a community college or college of applied technology governed by the board of regents, who served as faculty senate president or the equivalent during the academic year immediately preceding appointment as a regent. One (1) faculty member shall be a voting member and one (1) faculty member shall be a nonvoting member to allow a faculty member to serve one (1) year as a nonvoting member before becoming the voting member. The voting positions shall rotate among the institutions governed by the board of regents. Beginning July 1, 2017, the voting member shall be from a college of applied technology, and the nonvoting member shall be from a community college. The voting and nonvoting members shall each serve a one-year term. On July 1, 2018, the previous nonvoting member from a community college shall become the voting member, and a new nonvoting member from a college of applied technology shall be appointed. Thereafter, the voting and nonvoting positions shall rotate between the community colleges and the colleges of applied technology. The board of regents shall adopt a process ensuring that the position of faculty regent rotates among all of the institutions in the system.
(A) Twelve (12) public members shall be appointed by the governor, one (1) of whom shall be from each congressional district, and three (3) at-large from different geographical areas of the state; provided, however, that after July 1, 2016, at-large appointments may be either residents from different geographical areas of the state or non-Tennessee residents.
(B) In appointing public members to the board, the governor shall strive to ensure that at least one (1) person serving on the board is sixty (60) years of age or older, that at least one (1) person serving on the board is an honorably discharged military veteran of the United States armed forces, and that at least one (1) person serving on the board is a member of a racial minority.
(C) Appointments made after January 1, 1995, shall alternate such that every other appointment of a new member to the board shall be a female until the membership of the board reflects the percentage of females in the population generally, after which this subdivision (a)(3)(C) shall cease to be effective.
(D) Beginning July 1, 2017, two (2) members, appointed by the governor, shall be current faculty members at a community college or college of applied technology governed by the board of regents, who served as faculty senate president or the equivalent during the academic year immediately preceding appointment as a regent. One (1) faculty member shall be a voting member and one (1) faculty member shall be a nonvoting member to allow a faculty member to serve one (1) year as a nonvoting member before becoming the voting member. The voting positions shall rotate among the institutions governed by the board of regents. Beginning July 1, 2017, the voting member shall be from a college of applied technology, and the nonvoting member shall be from a community college. The voting and nonvoting members shall each serve a one-year term. On July 1, 2018, the previous nonvoting member from a community college shall become the voting member, and a new nonvoting member from a college of applied technology shall be appointed. Thereafter, the voting and nonvoting positions shall rotate between the community colleges and the colleges of applied technology. The board of regents shall adopt a process ensuring that the position of faculty regent rotates among all of the institutions in the system.
(4) The terms of the first at-large members shall be two (2), four (4) and six (6) years, with the terms of the remaining initial eight (8) members to be one (1), two (2), three (3), four (4), five (5), six (6), seven (7) and eight (8) years. The terms for all public members shall begin July 1, 1972. As their terms expire, successors shall be appointed for nine-year terms; provided, that on April 26, 1988, the term shall be for six (6) years, and as each current term expires the successor appointee shall be appointed for a six-year term.
(5) The appointed members, except for the faculty members appointed by the governor pursuant to subdivision (a)(3)(D) and the student member appointed by the governor pursuant to subsection (b), are subject to confirmation by the senate, but appointments are effective until adversely acted upon by the senate.
(6) Members shall be eligible for reappointment.
(7) If a vacancy occurs, except by reason of expiration of term, it shall be filled for the remainder of the term.
(8) Each of the two (2) leading political parties shall be represented by at least three (3) appointive members.
(9) At least one (1) of the appointed members shall be under thirty (30) years of age.
(10) The position of any at-large member of the board shall be vacated at such time as the member ceases to have the member's domicile in this state.
(11) The position of any member appointed from the congressional districts shall be vacated at such time as the member ceases to have the member's domicile in that district. However, no incumbent member shall be removed from the member's seat prior to the expiration of the member's current term as a result of changes in congressional districts occasioned by reapportionment.
(12) No employee of any public institution of higher education, any elected or appointed official or employee of the state or any member of a governing body for any institution of higher education may serve as a public member of the board while so employed.
(b) (1) One (1) member of the board shall be a student who shall be appointed annually by the governor from a list of three (3) nominees selected and submitted no later than the month of April by the presidents of the student government associations or the equivalent of all state colleges of applied technology and community colleges. (2) The student member shall serve for a term of one (1) year, commencing on July 1 following the member's appointment by the governor, and must retain status as a full-time student in good standing in an institution governed by the board of regents for the duration of the student's term on the board, except that a student member who graduates during the student's term as regent may complete that term. (3) The student regent nominees shall be selected in accordance with the following provisions: (A) (i) One (1) nominee shall be enrolled at the time of nomination as a full-time student at a community college governed by the board of regents; (ii) One (1) nominee shall be enrolled at the time of nomination as a full-time student at a college of applied technology; (iii) One (1) nominee shall be enrolled at the time of nomination as a full-time student at any community college or college of applied technology governed by the board of regents, provided that neither of the other two (2) nominees is enrolled at the same institution; (B) All nominees for the position of student regent shall be residents of this state; and (C) A majority of the presidents of the student government associations or the equivalent of all state colleges of applied technology and community colleges governed by the board of regents shall constitute a quorum for the purpose of conducting business of the nomination. A two-thirds (2/3) vote of the quorum shall be required to effect all nominations. (4) The chancellor of the board of regents, or the chancellor's designee, shall notify all presidents of student government associations or the equivalent at institutions governed by the board of regents of the necessity for the conference described in this subsection (b).
(1) One (1) member of the board shall be a student who shall be appointed annually by the governor from a list of three (3) nominees selected and submitted no later than the month of April by the presidents of the student government associations or the equivalent of all state colleges of applied technology and community colleges.
(2) The student member shall serve for a term of one (1) year, commencing on July 1 following the member's appointment by the governor, and must retain status as a full-time student in good standing in an institution governed by the board of regents for the duration of the student's term on the board, except that a student member who graduates during the student's term as regent may complete that term.
(3) The student regent nominees shall be selected in accordance with the following provisions: (A) (i) One (1) nominee shall be enrolled at the time of nomination as a full-time student at a community college governed by the board of regents; (ii) One (1) nominee shall be enrolled at the time of nomination as a full-time student at a college of applied technology; (iii) One (1) nominee shall be enrolled at the time of nomination as a full-time student at any community college or college of applied technology governed by the board of regents, provided that neither of the other two (2) nominees is enrolled at the same institution; (B) All nominees for the position of student regent shall be residents of this state; and (C) A majority of the presidents of the student government associations or the equivalent of all state colleges of applied technology and community colleges governed by the board of regents shall constitute a quorum for the purpose of conducting business of the nomination. A two-thirds (2/3) vote of the quorum shall be required to effect all nominations.
(A) (i) One (1) nominee shall be enrolled at the time of nomination as a full-time student at a community college governed by the board of regents; (ii) One (1) nominee shall be enrolled at the time of nomination as a full-time student at a college of applied technology; (iii) One (1) nominee shall be enrolled at the time of nomination as a full-time student at any community college or college of applied technology governed by the board of regents, provided that neither of the other two (2) nominees is enrolled at the same institution;
(i) One (1) nominee shall be enrolled at the time of nomination as a full-time student at a community college governed by the board of regents;
(ii) One (1) nominee shall be enrolled at the time of nomination as a full-time student at a college of applied technology;
(iii) One (1) nominee shall be enrolled at the time of nomination as a full-time student at any community college or college of applied technology governed by the board of regents, provided that neither of the other two (2) nominees is enrolled at the same institution;
(B) All nominees for the position of student regent shall be residents of this state; and
(C) A majority of the presidents of the student government associations or the equivalent of all state colleges of applied technology and community colleges governed by the board of regents shall constitute a quorum for the purpose of conducting business of the nomination. A two-thirds (2/3) vote of the quorum shall be required to effect all nominations.
(4) The chancellor of the board of regents, or the chancellor's designee, shall notify all presidents of student government associations or the equivalent at institutions governed by the board of regents of the necessity for the conference described in this subsection (b).
(c) (1) The board shall hold at least one (1) stated meeting annually on a day or days determined by the board from year to year and at called meetings that may be necessary, to be called by the secretary, giving at least five (5) days' notice to the board members, but the board may adjourn the stated or called meetings to any date that it may set for adjournment. (2) Meetings of the board and meetings of the standing committees of the board must be made available for viewing by the public over the internet by streaming video accessible from the board's website. Archived videos of such meetings must also be available to the public through the board's website.
(1) The board shall hold at least one (1) stated meeting annually on a day or days determined by the board from year to year and at called meetings that may be necessary, to be called by the secretary, giving at least five (5) days' notice to the board members, but the board may adjourn the stated or called meetings to any date that it may set for adjournment.
(2) Meetings of the board and meetings of the standing committees of the board must be made available for viewing by the public over the internet by streaming video accessible from the board's website. Archived videos of such meetings must also be available to the public through the board's website.
(d) The board shall elect from its members a chair and other officers it deems appropriate, shall determine their terms of office and shall adopt rules for the organization and conduct of business.
(e) Nothing in chapter 869 of the Public Acts of 2016 shall be construed to affect the terms of the existing members of the board of regents. Amendments to or revisions of this section shall not affect the current members of the board of regents, who shall continue to serve until the expiration of their terms.
(f) (1) (A) Each state university board shall consist of ten (10) members of which nine (9) members shall be voting members and one (1) member shall be a nonvoting member. The nonvoting member shall be a student representative. Of the (9) voting members, at least six (6) members shall be residents of this state. (B) Eight (8) of the voting state university board members shall be appointed by the governor. (C) At least three (3) of the members appointed by the governor shall be alumni of the institution for which they are serving. "Alumnus" shall mean a person who is a graduate of the institution. (D) In making appointments, the governor shall strive to ensure that the state university boards are composed of members who are diverse in sex, race, perspective, experience, and honorable military service. (E) One (1) voting board member shall be a faculty member of the institution who shall be selected in a manner determined by the faculty senate of the respective institution. (F) The nonvoting student member shall be appointed by the state university board. (2) (A) The initial terms of the members appointed by the governor to a state university board shall be three (3), four (4), and six (6) years. Three (3) members shall serve a three-year term; three (3) members shall serve a four-year term; and two (2) members shall serve a six-year term. As the initial terms of the initial board members expire, successors shall be appointed for six-year terms. (B) The faculty member shall serve a term of two (2) years. (C) The nonvoting student member shall serve a term of one (1) year. (3) The eight (8) members of a state university board appointed by the governor shall be subject to confirmation by the senate and the house of representatives, but appointments shall be effective until adversely acted upon by joint resolution of the senate and the house of representatives. (4) State university board members appointed by the governor shall be eligible to serve for two (2) consecutive terms. A member who serves two (2) consecutive terms on a state university board may be reappointed after at least four (4) years have elapsed since the member's last date of service. (5) If a vacancy occurs by death or resignation, the vacancy shall be filled for the remainder of the term. If a vacancy occurs by reason of expiration of term, the board member whose term is expiring shall serve until a successor is appointed. (6) The following individuals are prohibited from serving as a member of a state university board for so long as they hold the office or position: (A) Employees of any public institution of higher education; except those faculty members appointed to the board under subdivision (f)(1)(E); (B) Elected or appointed officials; provided, that this subdivision (f)(6)(B) does not apply to members of the Tennessee higher education commission, if the commission is serving as a state university board pursuant to part 7 of this chapter; (C) State employees; and (D) Members of a governing body for a public institution of higher education. (7) (A) The Tennessee higher education commission shall coordinate and administer an orientation training program, as well as an ongoing continuing education program, for governing board members. This training shall include a perspective on higher education that incorporates national experts in higher education governance. This training shall address the roles and responsibilities of governing boards; the legal and ethical responsibilities of trustees; the board's role in upholding academic standards, intellectual diversity, and academic freedom; budget development; presidential searches and evaluation; the role of higher education in K-12 collaboration; and setting strategic goals. Initial training shall be conducted prior to the first called meeting of the board. In subsequent years, all newly appointed members shall attend orientation seminars within their first year of service. (B) (i) Each state university board's first meeting after all members have been appointed shall be upon the call of the governor, at which point the state university boards shall assume responsibility for the management and governance of their respective institutions. (ii) The state university boards thereafter shall meet at least four (4) times each year. (iii) Meetings of the state university boards shall be made available for viewing by the public over the internet by streaming video accessible from the respective institution's website. Archived videos of the board meetings shall also be available to the public through the respective institution's website. (8) (A) A state university board shall elect from its members a chair and other officers the board deems appropriate. The chair shall serve a term of two (2) years. (B) The board shall adopt by-laws and rules for the organization and conduct of its business. (C) To the extent that the policies and guidelines adopted by the board of regents as of July 1, 2016, are applicable to the state university boards and their respective institutions, such policies shall be deemed the policies and guidelines of the state university boards and their respective institutions until rescinded or revised by the respective state university boards. Boards shall adopt a policy that facilitates ongoing professional development for members. (9) Notwithstanding subdivisions (f)(1)-(8): (A) (i) The state university board for Tennessee State University is vacated on the effective date of this act, and reconstituted to consist of ten (10) members as provided in subdivision (f)(1), who serve initial terms as provided in subdivision (f)(2), whose terms are subject to confirmation by the senate and the house of representatives as provided in subdivision (f)(3), and who are eligible for reappointment as provided in subdivision (f)(4), and (ii) The term of a member who was serving on the state university board for Tennessee State University on the effective date of this act, shall be counted as a term for purposes of subdivision (f)(4); (B) Vacancies occurring on the state university board for Tennessee State University shall be filled in accordance with subdivision (f)(5); (C) The individuals identified in subdivision (f)(6) are prohibited from serving as a member of the state university board for Tennessee State University for so long as they hold the office or position; (D) (i) The eight (8) members appointed by the governor to serve on the state university board for Tennessee State University shall attend orientation seminars coordinated and administered by the commission pursuant to subdivision (f)(7)(A) within their first year of service; and (ii) The governor shall call the first meeting of the reconstituted state university board for Tennessee State University, at which time the board shall assume responsibility for the management and governance of Tennessee State University; thereafter, the state university board shall meet at least four (4) times each year and make its meetings available for public viewing as provided in subdivision (f)(7)(B); and (E) (i) The state university board for Tennessee State University shall elect from its members a chair, who shall serve a term of two (2) years, and other officers the board deems appropriate; and (ii) The board shall adopt bylaws and rules for the organization and conduct of its business, as well as a policy that facilitates ongoing professional development for its members.
(1) (A) Each state university board shall consist of ten (10) members of which nine (9) members shall be voting members and one (1) member shall be a nonvoting member. The nonvoting member shall be a student representative. Of the (9) voting members, at least six (6) members shall be residents of this state. (B) Eight (8) of the voting state university board members shall be appointed by the governor. (C) At least three (3) of the members appointed by the governor shall be alumni of the institution for which they are serving. "Alumnus" shall mean a person who is a graduate of the institution. (D) In making appointments, the governor shall strive to ensure that the state university boards are composed of members who are diverse in sex, race, perspective, experience, and honorable military service. (E) One (1) voting board member shall be a faculty member of the institution who shall be selected in a manner determined by the faculty senate of the respective institution. (F) The nonvoting student member shall be appointed by the state university board.
(A) Each state university board shall consist of ten (10) members of which nine (9) members shall be voting members and one (1) member shall be a nonvoting member. The nonvoting member shall be a student representative. Of the (9) voting members, at least six (6) members shall be residents of this state.
(B) Eight (8) of the voting state university board members shall be appointed by the governor.
(C) At least three (3) of the members appointed by the governor shall be alumni of the institution for which they are serving. "Alumnus" shall mean a person who is a graduate of the institution.
(D) In making appointments, the governor shall strive to ensure that the state university boards are composed of members who are diverse in sex, race, perspective, experience, and honorable military service.
(E) One (1) voting board member shall be a faculty member of the institution who shall be selected in a manner determined by the faculty senate of the respective institution.
(F) The nonvoting student member shall be appointed by the state university board.
(2) (A) The initial terms of the members appointed by the governor to a state university board shall be three (3), four (4), and six (6) years. Three (3) members shall serve a three-year term; three (3) members shall serve a four-year term; and two (2) members shall serve a six-year term. As the initial terms of the initial board members expire, successors shall be appointed for six-year terms. (B) The faculty member shall serve a term of two (2) years. (C) The nonvoting student member shall serve a term of one (1) year.
(A) The initial terms of the members appointed by the governor to a state university board shall be three (3), four (4), and six (6) years. Three (3) members shall serve a three-year term; three (3) members shall serve a four-year term; and two (2) members shall serve a six-year term. As the initial terms of the initial board members expire, successors shall be appointed for six-year terms.
(B) The faculty member shall serve a term of two (2) years.
(C) The nonvoting student member shall serve a term of one (1) year.
(3) The eight (8) members of a state university board appointed by the governor shall be subject to confirmation by the senate and the house of representatives, but appointments shall be effective until adversely acted upon by joint resolution of the senate and the house of representatives.
(4) State university board members appointed by the governor shall be eligible to serve for two (2) consecutive terms. A member who serves two (2) consecutive terms on a state university board may be reappointed after at least four (4) years have elapsed since the member's last date of service.
(5) If a vacancy occurs by death or resignation, the vacancy shall be filled for the remainder of the term. If a vacancy occurs by reason of expiration of term, the board member whose term is expiring shall serve until a successor is appointed.
(6) The following individuals are prohibited from serving as a member of a state university board for so long as they hold the office or position: (A) Employees of any public institution of higher education; except those faculty members appointed to the board under subdivision (f)(1)(E); (B) Elected or appointed officials; provided, that this subdivision (f)(6)(B) does not apply to members of the Tennessee higher education commission, if the commission is serving as a state university board pursuant to part 7 of this chapter; (C) State employees; and (D) Members of a governing body for a public institution of higher education.
(A) Employees of any public institution of higher education; except those faculty members appointed to the board under subdivision (f)(1)(E);
(B) Elected or appointed officials; provided, that this subdivision (f)(6)(B) does not apply to members of the Tennessee higher education commission, if the commission is serving as a state university board pursuant to part 7 of this chapter;
(C) State employees; and
(D) Members of a governing body for a public institution of higher education.
(7) (A) The Tennessee higher education commission shall coordinate and administer an orientation training program, as well as an ongoing continuing education program, for governing board members. This training shall include a perspective on higher education that incorporates national experts in higher education governance. This training shall address the roles and responsibilities of governing boards; the legal and ethical responsibilities of trustees; the board's role in upholding academic standards, intellectual diversity, and academic freedom; budget development; presidential searches and evaluation; the role of higher education in K-12 collaboration; and setting strategic goals. Initial training shall be conducted prior to the first called meeting of the board. In subsequent years, all newly appointed members shall attend orientation seminars within their first year of service. (B) (i) Each state university board's first meeting after all members have been appointed shall be upon the call of the governor, at which point the state university boards shall assume responsibility for the management and governance of their respective institutions. (ii) The state university boards thereafter shall meet at least four (4) times each year. (iii) Meetings of the state university boards shall be made available for viewing by the public over the internet by streaming video accessible from the respective institution's website. Archived videos of the board meetings shall also be available to the public through the respective institution's website.
(A) The Tennessee higher education commission shall coordinate and administer an orientation training program, as well as an ongoing continuing education program, for governing board members. This training shall include a perspective on higher education that incorporates national experts in higher education governance. This training shall address the roles and responsibilities of governing boards; the legal and ethical responsibilities of trustees; the board's role in upholding academic standards, intellectual diversity, and academic freedom; budget development; presidential searches and evaluation; the role of higher education in K-12 collaboration; and setting strategic goals. Initial training shall be conducted prior to the first called meeting of the board. In subsequent years, all newly appointed members shall attend orientation seminars within their first year of service.
(B) (i) Each state university board's first meeting after all members have been appointed shall be upon the call of the governor, at which point the state university boards shall assume responsibility for the management and governance of their respective institutions. (ii) The state university boards thereafter shall meet at least four (4) times each year. (iii) Meetings of the state university boards shall be made available for viewing by the public over the internet by streaming video accessible from the respective institution's website. Archived videos of the board meetings shall also be available to the public through the respective institution's website.
(i) Each state university board's first meeting after all members have been appointed shall be upon the call of the governor, at which point the state university boards shall assume responsibility for the management and governance of their respective institutions.
(ii) The state university boards thereafter shall meet at least four (4) times each year.
(iii) Meetings of the state university boards shall be made available for viewing by the public over the internet by streaming video accessible from the respective institution's website. Archived videos of the board meetings shall also be available to the public through the respective institution's website.
(8) (A) A state university board shall elect from its members a chair and other officers the board deems appropriate. The chair shall serve a term of two (2) years. (B) The board shall adopt by-laws and rules for the organization and conduct of its business. (C) To the extent that the policies and guidelines adopted by the board of regents as of July 1, 2016, are applicable to the state university boards and their respective institutions, such policies shall be deemed the policies and guidelines of the state university boards and their respective institutions until rescinded or revised by the respective state university boards. Boards shall adopt a policy that facilitates ongoing professional development for members.
(A) A state university board shall elect from its members a chair and other officers the board deems appropriate. The chair shall serve a term of two (2) years.
(B) The board shall adopt by-laws and rules for the organization and conduct of its business.
(C) To the extent that the policies and guidelines adopted by the board of regents as of July 1, 2016, are applicable to the state university boards and their respective institutions, such policies shall be deemed the policies and guidelines of the state university boards and their respective institutions until rescinded or revised by the respective state university boards. Boards shall adopt a policy that facilitates ongoing professional development for members.
(9) Notwithstanding subdivisions (f)(1)-(8): (A) (i) The state university board for Tennessee State University is vacated on the effective date of this act, and reconstituted to consist of ten (10) members as provided in subdivision (f)(1), who serve initial terms as provided in subdivision (f)(2), whose terms are subject to confirmation by the senate and the house of representatives as provided in subdivision (f)(3), and who are eligible for reappointment as provided in subdivision (f)(4), and (ii) The term of a member who was serving on the state university board for Tennessee State University on the effective date of this act, shall be counted as a term for purposes of subdivision (f)(4); (B) Vacancies occurring on the state university board for Tennessee State University shall be filled in accordance with subdivision (f)(5); (C) The individuals identified in subdivision (f)(6) are prohibited from serving as a member of the state university board for Tennessee State University for so long as they hold the office or position; (D) (i) The eight (8) members appointed by the governor to serve on the state university board for Tennessee State University shall attend orientation seminars coordinated and administered by the commission pursuant to subdivision (f)(7)(A) within their first year of service; and (ii) The governor shall call the first meeting of the reconstituted state university board for Tennessee State University, at which time the board shall assume responsibility for the management and governance of Tennessee State University; thereafter, the state university board shall meet at least four (4) times each year and make its meetings available for public viewing as provided in subdivision (f)(7)(B); and (E) (i) The state university board for Tennessee State University shall elect from its members a chair, who shall serve a term of two (2) years, and other officers the board deems appropriate; and (ii) The board shall adopt bylaws and rules for the organization and conduct of its business, as well as a policy that facilitates ongoing professional development for its members.
(A) (i) The state university board for Tennessee State University is vacated on the effective date of this act, and reconstituted to consist of ten (10) members as provided in subdivision (f)(1), who serve initial terms as provided in subdivision (f)(2), whose terms are subject to confirmation by the senate and the house of representatives as provided in subdivision (f)(3), and who are eligible for reappointment as provided in subdivision (f)(4), and (ii) The term of a member who was serving on the state university board for Tennessee State University on the effective date of this act, shall be counted as a term for purposes of subdivision (f)(4);
(i) The state university board for Tennessee State University is vacated on the effective date of this act, and reconstituted to consist of ten (10) members as provided in subdivision (f)(1), who serve initial terms as provided in subdivision (f)(2), whose terms are subject to confirmation by the senate and the house of representatives as provided in subdivision (f)(3), and who are eligible for reappointment as provided in subdivision (f)(4), and
(ii) The term of a member who was serving on the state university board for Tennessee State University on the effective date of this act, shall be counted as a term for purposes of subdivision (f)(4);
(B) Vacancies occurring on the state university board for Tennessee State University shall be filled in accordance with subdivision (f)(5);
(C) The individuals identified in subdivision (f)(6) are prohibited from serving as a member of the state university board for Tennessee State University for so long as they hold the office or position;
(D) (i) The eight (8) members appointed by the governor to serve on the state university board for Tennessee State University shall attend orientation seminars coordinated and administered by the commission pursuant to subdivision (f)(7)(A) within their first year of service; and (ii) The governor shall call the first meeting of the reconstituted state university board for Tennessee State University, at which time the board shall assume responsibility for the management and governance of Tennessee State University; thereafter, the state university board shall meet at least four (4) times each year and make its meetings available for public viewing as provided in subdivision (f)(7)(B); and
(i) The eight (8) members appointed by the governor to serve on the state university board for Tennessee State University shall attend orientation seminars coordinated and administered by the commission pursuant to subdivision (f)(7)(A) within their first year of service; and
(ii) The governor shall call the first meeting of the reconstituted state university board for Tennessee State University, at which time the board shall assume responsibility for the management and governance of Tennessee State University; thereafter, the state university board shall meet at least four (4) times each year and make its meetings available for public viewing as provided in subdivision (f)(7)(B); and
(E) (i) The state university board for Tennessee State University shall elect from its members a chair, who shall serve a term of two (2) years, and other officers the board deems appropriate; and (ii) The board shall adopt bylaws and rules for the organization and conduct of its business, as well as a policy that facilitates ongoing professional development for its members.
(i) The state university board for Tennessee State University shall elect from its members a chair, who shall serve a term of two (2) years, and other officers the board deems appropriate; and
(ii) The board shall adopt bylaws and rules for the organization and conduct of its business, as well as a policy that facilitates ongoing professional development for its members.
(g) Board of regents and state university board members shall receive no compensation for their services, but shall be entitled to reimbursement for travel expenses incurred in the performance of their official duties, in conformity with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
Amended by 2024 Tenn. Acts, ch. 925,s 1, eff. 5/6/2024.
Amended by 2024 Tenn. Acts, ch. 848,s 2, eff. 5/1/2024.
Amended by 2024 Tenn. Acts, ch. 610,s 1, eff. 3/28/2024.
Amended by 2022 Tenn. Acts, ch. 755, Secs.s 3, s 4 eff. 3/31/2022.
Amended by 2018 Tenn. Acts, ch. 841, Secs.s 1, s 2 eff. 4/26/2018.
Amended by 2018 Tenn. Acts, ch. 703, s 3, eff. 4/12/2018.
Amended by 2018 Tenn. Acts, ch. 602, s 19, eff. 3/23/2018.
Amended by 2017 Tenn. Acts, ch. 480, s 1, eff. 6/6/2017.
Amended by 2017 Tenn. Acts, ch. 29, Secs.s 1, s 2 eff. 3/29/2017.
Amended by 2016 Tenn. Acts, ch. 869, Secs.s 18, s 19 eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 869, s 17, eff. 7/1/2016.
Amended by 2013 Tenn. Acts, ch. 473, s 21, eff. 7/1/2013.
Acts 1972, ch. 838, §§ 2, 5; 1973, ch. 120, § 1; 1975, ch. 13, §§ 1, 2; 1975, ch. 303, § 1; 1976, ch. 806, § 1(70); 1977, ch. 8, § 3; 1978, ch. 548, §§ 1, 2; 1981, ch. 41, § 1; 1983, ch. 56, §§ 1, 2; T.C.A., §§ 49-3237, 49-3240; Acts 1984, ch. 512, § 1; 1984, ch. 712, § 1; 1987, ch. 60, § 1; 1988, ch. 839, § 2; 1988, ch. 1013, § 20; 1992, ch. 710, § 1; 1994, ch. 731, § 3; 1995, ch. 72, § 1; 1995, ch. 250, §§ 1, 2; 2001, ch. 369, § 2; 2010 , ch. 891, § 1; 2010 , ch. 1051, § 3.
Tenn. Code Ann. § 49-7-301 — TN Code / Title 49 / Chapter 7 / Section 49-7-301
Academic Common Market
Status: in_force

(a) (1) The commission, acting through its duly appointed representative, is authorized to enter into an agreement on behalf of the state and the public higher education institutions of the state with representatives of other member states of the southern regional education board for participation in the Academic Common Market. (2) The instrument of agreement shall become effective upon execution by the representatives of five (5) member states of the southern regional education board. (3) The instrument of agreement shall be effective for an initial period of three (3) years and may be subject to renewal. The commission may rescind the agreement of participation by the state at any time in accordance with the instrument of agreement. (b) Nonresident fees shall not be charged to residents of other states who are admitted under the terms of the instrument of agreement to programs offered by higher education institutions of the state through the Academic Common Market. (c) (1) The commission is designated the administrative agency for the state for the Academic Common Market. (2) For the purpose of administration, the duties of the commission are to: (A) Submit annually to the southern regional education board a list of programs offered by public higher education institutions of this state that the state is prepared to have included in the Academic Common Market; (B) Maintain and disseminate a list of programs offered through the Academic Common Market by institutions in other states and available to Tennessee residents; (C) Certify Tennessee residents for participation in the programs of the Academic Common Market in other states; and (D) Perform other duties that may be necessary to comply with the instrument of agreement or that are otherwise necessary for administration. Acts 1974, ch. 434, §§ 1-3; T.C.A., § 49-3607.
(a) (1) The commission, acting through its duly appointed representative, is authorized to enter into an agreement on behalf of the state and the public higher education institutions of the state with representatives of other member states of the southern regional education board for participation in the Academic Common Market. (2) The instrument of agreement shall become effective upon execution by the representatives of five (5) member states of the southern regional education board. (3) The instrument of agreement shall be effective for an initial period of three (3) years and may be subject to renewal. The commission may rescind the agreement of participation by the state at any time in accordance with the instrument of agreement.
(1) The commission, acting through its duly appointed representative, is authorized to enter into an agreement on behalf of the state and the public higher education institutions of the state with representatives of other member states of the southern regional education board for participation in the Academic Common Market.
(2) The instrument of agreement shall become effective upon execution by the representatives of five (5) member states of the southern regional education board.
(3) The instrument of agreement shall be effective for an initial period of three (3) years and may be subject to renewal. The commission may rescind the agreement of participation by the state at any time in accordance with the instrument of agreement.
(b) Nonresident fees shall not be charged to residents of other states who are admitted under the terms of the instrument of agreement to programs offered by higher education institutions of the state through the Academic Common Market.
(c) (1) The commission is designated the administrative agency for the state for the Academic Common Market. (2) For the purpose of administration, the duties of the commission are to: (A) Submit annually to the southern regional education board a list of programs offered by public higher education institutions of this state that the state is prepared to have included in the Academic Common Market; (B) Maintain and disseminate a list of programs offered through the Academic Common Market by institutions in other states and available to Tennessee residents; (C) Certify Tennessee residents for participation in the programs of the Academic Common Market in other states; and (D) Perform other duties that may be necessary to comply with the instrument of agreement or that are otherwise necessary for administration.
(1) The commission is designated the administrative agency for the state for the Academic Common Market.
(2) For the purpose of administration, the duties of the commission are to: (A) Submit annually to the southern regional education board a list of programs offered by public higher education institutions of this state that the state is prepared to have included in the Academic Common Market; (B) Maintain and disseminate a list of programs offered through the Academic Common Market by institutions in other states and available to Tennessee residents; (C) Certify Tennessee residents for participation in the programs of the Academic Common Market in other states; and (D) Perform other duties that may be necessary to comply with the instrument of agreement or that are otherwise necessary for administration.
(A) Submit annually to the southern regional education board a list of programs offered by public higher education institutions of this state that the state is prepared to have included in the Academic Common Market;
(B) Maintain and disseminate a list of programs offered through the Academic Common Market by institutions in other states and available to Tennessee residents;
(C) Certify Tennessee residents for participation in the programs of the Academic Common Market in other states; and
(D) Perform other duties that may be necessary to comply with the instrument of agreement or that are otherwise necessary for administration.
Acts 1974, ch. 434, §§ 1-3; T.C.A., § 49-3607.
Tenn. Code Ann. § 49-7-162 — TN Code / Title 49 / Chapter 7 / Section 49-7-162
Prohibition against residency of registered sexual offenders - Penalties
Status: in_force

(a) No person who is registered, or required to register, as a violent sexual offender or offender against children pursuant to the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act of 2004, compiled in title 40, chapter 39, part 2, shall knowingly establish a primary or secondary residence or any other living accommodation in any public institution of higher education's on-campus student residence facilities, including dormitories and apartments. (b) A person who violates this section shall be subject to the penalties prescribed in § 40-39-208 . Added by 2016 Tenn. Acts, ch. 767, s 1, eff. 7/1/2016.
(a) No person who is registered, or required to register, as a violent sexual offender or offender against children pursuant to the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act of 2004, compiled in title 40, chapter 39, part 2, shall knowingly establish a primary or secondary residence or any other living accommodation in any public institution of higher education's on-campus student residence facilities, including dormitories and apartments.
(b) A person who violates this section shall be subject to the penalties prescribed in § 40-39-208 .
Added by 2016 Tenn. Acts, ch. 767, s 1, eff. 7/1/2016.
Tenn. Code Ann. § 49-3-1205 — TN Code / Title 49 / Chapter 3 / Section 49-3-1205
Powers and duties generally
Status: in_force

Except as otherwise limited by this part, the authority has the power to: (1) Sue and be sued; (2) Have a seal and alter the seal at pleasure; (3) Make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this part; (4) Subject to agreements with bondholders or noteholders, make rules and regulations governing the conduct of its meetings and the use and application of its moneys and properties; (5) Borrow money and issue negotiable bonds, notes or other obligations and to provide for the rights of the holders of the bonds, notes and other obligations; (6) Invest any funds held in reserve or sinking funds, or any moneys not required for immediate use or disbursement at the discretion of the authority, in obligations of the state or the United States government or obligations the principal and interest of which are guaranteed by the state or the United States government, obligations of the United States or its agencies under flexible repurchase agreements that are fully collateralized by obligations of the United States or obligations the timely payment of the principal of and interest on that are guaranteed by the United States, the state investment pool as provided in § 9-4-603 and any other investment authorized by the state investment policy adopted by the state funding board pursuant to § 9-4-602 ; (7) Upon request of a board, finance projects for the institution or institutions governed by the board; upon request by a local government, to finance school credit bond projects; and, upon request of the Tennessee student assistance corporation, to finance projects for the corporation undertaken pursuant to chapter 4 of this title. In connection with projects undertaken pursuant to chapter 4 of this title, the corporation shall be required to present evidence acceptable to the authority, which acceptance shall be conclusive, that adequate funds for these projects are unavailable from private financial institutions; (8) Make and collect such fees and charges, including, but not limited to, reimbursement of all costs of financing by the authority as the authority determines to be reasonable and required; (9) Accept any gifts or grants or loans of funds or financial or other aid in any form from the federal government or any agency or instrumentality of the federal government, from the state or from any other source and to comply, subject to this part, with the terms and conditions thereof; (10) Engage the services of attorneys and consultants on a fee or contract basis for the rendering of professional and technical assistance and advice; (11) Approve or disapprove actions taken under this chapter and chapters 4 and 7-9 of this title by the Tennessee student assistance corporation, the board of regents of the state university and community college system, the energy institute of the University of Tennessee space institute, the board of trustees of the University of Tennessee, or any institution under the jurisdiction of either board with respect to the borrowing of money for any purpose, whether by the issuance of bonds or notes or by any other method; (12) When entering into any contracts or agreements authorized under this chapter, including contracts or agreements providing for liquidity and credit enhancement and reimbursement agreements relating thereto, interest rate swap or exchange agreements, agreements establishing interest rate floors or ceilings or both, other interest rate hedging agreements evidencing a transaction bearing a reasonable relationship to this state and also to another state or nation, agree in the written contract or agreement that the rights and remedies of the parties to the contract or agreement shall be governed by the laws of this state or the laws of such other state or nation; provided, that jurisdiction over the authority against which an action on such a contract or agreement is brought shall lie solely in a court located in this state that would otherwise have jurisdiction of actions brought in contract against the authority; and (13) Do any and all things necessary or convenient to carry out its purposes and exercise the powers expressly given and granted in this part. Acts 1965, ch. 256, § 4; 1979, ch. 116, § 10; 1980, ch. 711, §§ 1, 4, 5; 1983, ch. 338, § 2; T.C.A., § 49-3515; Acts 1999, ch. 429, §§ 2 - 4, 10; 2009 , ch. 601, § 2.
Except as otherwise limited by this part, the authority has the power to:
(1) Sue and be sued;
(2) Have a seal and alter the seal at pleasure;
(3) Make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this part;
(4) Subject to agreements with bondholders or noteholders, make rules and regulations governing the conduct of its meetings and the use and application of its moneys and properties;
(5) Borrow money and issue negotiable bonds, notes or other obligations and to provide for the rights of the holders of the bonds, notes and other obligations;
(6) Invest any funds held in reserve or sinking funds, or any moneys not required for immediate use or disbursement at the discretion of the authority, in obligations of the state or the United States government or obligations the principal and interest of which are guaranteed by the state or the United States government, obligations of the United States or its agencies under flexible repurchase agreements that are fully collateralized by obligations of the United States or obligations the timely payment of the principal of and interest on that are guaranteed by the United States, the state investment pool as provided in § 9-4-603 and any other investment authorized by the state investment policy adopted by the state funding board pursuant to § 9-4-602 ;
(7) Upon request of a board, finance projects for the institution or institutions governed by the board; upon request by a local government, to finance school credit bond projects; and, upon request of the Tennessee student assistance corporation, to finance projects for the corporation undertaken pursuant to chapter 4 of this title. In connection with projects undertaken pursuant to chapter 4 of this title, the corporation shall be required to present evidence acceptable to the authority, which acceptance shall be conclusive, that adequate funds for these projects are unavailable from private financial institutions;
(8) Make and collect such fees and charges, including, but not limited to, reimbursement of all costs of financing by the authority as the authority determines to be reasonable and required;
(9) Accept any gifts or grants or loans of funds or financial or other aid in any form from the federal government or any agency or instrumentality of the federal government, from the state or from any other source and to comply, subject to this part, with the terms and conditions thereof;
(10) Engage the services of attorneys and consultants on a fee or contract basis for the rendering of professional and technical assistance and advice;
(11) Approve or disapprove actions taken under this chapter and chapters 4 and 7-9 of this title by the Tennessee student assistance corporation, the board of regents of the state university and community college system, the energy institute of the University of Tennessee space institute, the board of trustees of the University of Tennessee, or any institution under the jurisdiction of either board with respect to the borrowing of money for any purpose, whether by the issuance of bonds or notes or by any other method;
(12) When entering into any contracts or agreements authorized under this chapter, including contracts or agreements providing for liquidity and credit enhancement and reimbursement agreements relating thereto, interest rate swap or exchange agreements, agreements establishing interest rate floors or ceilings or both, other interest rate hedging agreements evidencing a transaction bearing a reasonable relationship to this state and also to another state or nation, agree in the written contract or agreement that the rights and remedies of the parties to the contract or agreement shall be governed by the laws of this state or the laws of such other state or nation; provided, that jurisdiction over the authority against which an action on such a contract or agreement is brought shall lie solely in a court located in this state that would otherwise have jurisdiction of actions brought in contract against the authority; and
(13) Do any and all things necessary or convenient to carry out its purposes and exercise the powers expressly given and granted in this part.
Acts 1965, ch. 256, § 4; 1979, ch. 116, § 10; 1980, ch. 711, §§ 1, 4, 5; 1983, ch. 338, § 2; T.C.A., § 49-3515; Acts 1999, ch. 429, §§ 2 - 4, 10; 2009 , ch. 601, § 2.
Tenn. Code Ann. § 49-5-711 — TN Code / Title 49 / Chapter 5 / Section 49-5-711
Personal and professional leave - Accumulation and use
Status: in_force

(a) Under policies adopted by the local board of education, a teacher shall be allowed personal and professional leave earned at the rate of one (1) day for each one-half (1/2) year employed. A teacher may take not more than two (2) days of personal or professional leave prior to having earned it, but it shall be charged against the teacher's year's allowance. Any personal and professional leave remaining unused at the end of a year shall be credited to that teacher as sick leave. (b) If, at the termination of a teacher's services, the teacher has been absent for more days than the teacher had accumulated or earned leave, there shall be deducted from the final salary warrant of the teacher an amount sufficient to cover the excess days used by the teacher. (c) (1) Personal leave is intended to be used for personal reasons. Subject to the following conditions, it can be taken at the discretion of a teacher, who shall not be required to give reasons for the use of any personal leave. The approval of the director of schools or the director's designee shall be required under the following conditions: (A) If more than ten percent (10%) of the teachers in any given school request its use on the same day; provided, that on making this calculation, any major fraction shall be considered as one (1); and in schools of five (5) teachers or less, one (1) teacher may take personal leave at the teacher's discretion; (B) If personal leave is requested during any prior established student examination period; (C) If personal leave is requested on the day immediately preceding or following a holiday or vacation period; (D) If personal leave is requested for days scheduled for professional development or in-service training, according to a school calendar adopted by the local board of education prior to the commencement of the school year; or (E) If personal leave is requested for days scheduled for parent-teacher conferences, according to a school calendar adopted by the local board of education prior to the commencement of the school year. (2) Except in an emergency, a teacher shall give at least one (1) day's advance notice of intent to take personal leave. Acts 1955, ch. 136, § 18; 1957, ch. 75, § 1; 1959, ch. 93, § 1; 1967, ch. 396, § 1; 1968, ch. 420, §§ 1, 2; 1971, ch. 128, § 1; 1971, ch. 421, § 1; 1973, ch. 2, § 1; 1974, ch. 488, § 1; 1975, ch. 46, §§ 1, 2; 1975, ch. 100, § 2; 1977, ch. 364, § 2; 1978, ch. 557, § 2; 1979, ch. 78, § 1; 1980, ch. 544, § 1; 1980, ch. 567, § 1; 1981, ch. 282, §§ 1, 2; 1982, ch. 674, §§ 3, 4; T.C.A., § 49-1314(d); Acts 1986, ch. 850, §§ 1, 2; 2010 , ch. 759, §§ 1, 2.
(a) Under policies adopted by the local board of education, a teacher shall be allowed personal and professional leave earned at the rate of one (1) day for each one-half (1/2) year employed. A teacher may take not more than two (2) days of personal or professional leave prior to having earned it, but it shall be charged against the teacher's year's allowance. Any personal and professional leave remaining unused at the end of a year shall be credited to that teacher as sick leave.
(b) If, at the termination of a teacher's services, the teacher has been absent for more days than the teacher had accumulated or earned leave, there shall be deducted from the final salary warrant of the teacher an amount sufficient to cover the excess days used by the teacher.
(c) (1) Personal leave is intended to be used for personal reasons. Subject to the following conditions, it can be taken at the discretion of a teacher, who shall not be required to give reasons for the use of any personal leave. The approval of the director of schools or the director's designee shall be required under the following conditions: (A) If more than ten percent (10%) of the teachers in any given school request its use on the same day; provided, that on making this calculation, any major fraction shall be considered as one (1); and in schools of five (5) teachers or less, one (1) teacher may take personal leave at the teacher's discretion; (B) If personal leave is requested during any prior established student examination period; (C) If personal leave is requested on the day immediately preceding or following a holiday or vacation period; (D) If personal leave is requested for days scheduled for professional development or in-service training, according to a school calendar adopted by the local board of education prior to the commencement of the school year; or (E) If personal leave is requested for days scheduled for parent-teacher conferences, according to a school calendar adopted by the local board of education prior to the commencement of the school year. (2) Except in an emergency, a teacher shall give at least one (1) day's advance notice of intent to take personal leave.
(1) Personal leave is intended to be used for personal reasons. Subject to the following conditions, it can be taken at the discretion of a teacher, who shall not be required to give reasons for the use of any personal leave. The approval of the director of schools or the director's designee shall be required under the following conditions: (A) If more than ten percent (10%) of the teachers in any given school request its use on the same day; provided, that on making this calculation, any major fraction shall be considered as one (1); and in schools of five (5) teachers or less, one (1) teacher may take personal leave at the teacher's discretion; (B) If personal leave is requested during any prior established student examination period; (C) If personal leave is requested on the day immediately preceding or following a holiday or vacation period; (D) If personal leave is requested for days scheduled for professional development or in-service training, according to a school calendar adopted by the local board of education prior to the commencement of the school year; or (E) If personal leave is requested for days scheduled for parent-teacher conferences, according to a school calendar adopted by the local board of education prior to the commencement of the school year.
(A) If more than ten percent (10%) of the teachers in any given school request its use on the same day; provided, that on making this calculation, any major fraction shall be considered as one (1); and in schools of five (5) teachers or less, one (1) teacher may take personal leave at the teacher's discretion;
(B) If personal leave is requested during any prior established student examination period;
(C) If personal leave is requested on the day immediately preceding or following a holiday or vacation period;
(D) If personal leave is requested for days scheduled for professional development or in-service training, according to a school calendar adopted by the local board of education prior to the commencement of the school year; or
(E) If personal leave is requested for days scheduled for parent-teacher conferences, according to a school calendar adopted by the local board of education prior to the commencement of the school year.
(2) Except in an emergency, a teacher shall give at least one (1) day's advance notice of intent to take personal leave.
Acts 1955, ch. 136, § 18; 1957, ch. 75, § 1; 1959, ch. 93, § 1; 1967, ch. 396, § 1; 1968, ch. 420, §§ 1, 2; 1971, ch. 128, § 1; 1971, ch. 421, § 1; 1973, ch. 2, § 1; 1974, ch. 488, § 1; 1975, ch. 46, §§ 1, 2; 1975, ch. 100, § 2; 1977, ch. 364, § 2; 1978, ch. 557, § 2; 1979, ch. 78, § 1; 1980, ch. 544, § 1; 1980, ch. 567, § 1; 1981, ch. 282, §§ 1, 2; 1982, ch. 674, §§ 3, 4; T.C.A., § 49-1314(d); Acts 1986, ch. 850, §§ 1, 2; 2010 , ch. 759, §§ 1, 2.
Tenn. Code Ann. § 49-11-903 — TN Code / Title 49 / Chapter 11 / Section 49-11-903
Qualified work-based learning grant program - Fund - Program operator
Status: in_force

(a) THEC shall establish and administer a qualified work-based learning grant program to incentivize employer participation in work-based learning and to assist employers with costs associated with work-based learning. (b) There is created a separate fund within the general fund to be known as the qualified work-based learning grant fund. (c) The grant fund is composed of: (1) Funds specifically appropriated by the general assembly for the grant fund; and (2) Gifts, grants, and other donations received for the grant fund. (d) Moneys in the grant fund must be invested by the state treasurer for the benefit of the grant fund in accordance with § 9-4-603 . Interest accruing on investments and deposits of the grant fund must be returned to the grant fund and remain part of the grant fund. (e) [Deleted by 2021 amendment.] (f) [Deleted by 2021 amendment.] (g) THEC shall select a program operator to administer the program established by this part and shall issue a grant from funds available in the qualified work-based learning grant fund to the program operator selected by THEC. Amended by 2021 Tenn. Acts, ch. 456, s 2, eff. 7/1/2021. Amended by 2019 Tenn. Acts, ch. 468, s 8, eff. 7/1/2019. Added by 2018 Tenn. Acts, ch. 991, s 2, eff. 5/21/2018.
(a) THEC shall establish and administer a qualified work-based learning grant program to incentivize employer participation in work-based learning and to assist employers with costs associated with work-based learning.
(b) There is created a separate fund within the general fund to be known as the qualified work-based learning grant fund.
(c) The grant fund is composed of: (1) Funds specifically appropriated by the general assembly for the grant fund; and (2) Gifts, grants, and other donations received for the grant fund.
(1) Funds specifically appropriated by the general assembly for the grant fund; and
(2) Gifts, grants, and other donations received for the grant fund.
(d) Moneys in the grant fund must be invested by the state treasurer for the benefit of the grant fund in accordance with § 9-4-603 . Interest accruing on investments and deposits of the grant fund must be returned to the grant fund and remain part of the grant fund.
(e) [Deleted by 2021 amendment.]
(f) [Deleted by 2021 amendment.]
(g) THEC shall select a program operator to administer the program established by this part and shall issue a grant from funds available in the qualified work-based learning grant fund to the program operator selected by THEC.
Amended by 2021 Tenn. Acts, ch. 456, s 2, eff. 7/1/2021.
Amended by 2019 Tenn. Acts, ch. 468, s 8, eff. 7/1/2019.
Added by 2018 Tenn. Acts, ch. 991, s 2, eff. 5/21/2018.