Tenn. Code Ann. § 49-6-6101 — TN Code / Title 49 / Chapter 6 / Section 49-6-6101
Improvement and coordination of services
Status: in_force

The state departments of education, mental health and substance abuse services, and disability and aging shall take the following actions to improve and coordinate services for behavioral/emotionally disordered children. Any policy change required as a result of these actions will be presented to the state board of education for review and approval: (1) Delineation of each state and local agency's responsibilities; (2) Development of joint agency planning and training, especially between Tennessee's state and local agencies of mental health and substance abuse services, disability and aging and education; (3) Development of a systematic process for securing funding for a continuum of related service options; (4) Development of a definition of the target population; (5) Development of ongoing needs assessment process that addresses: (A) The complex and diverse needs of the children and their families; and (B) The resources of schools, mental health/intellectual and developmental disabilities providers, and public/private agencies; (6) Prepare an inventory of a continuum of existing services and options, known private or public agencies and families; (7) Development of an interagency agreement on the principles to be included in a plan of care as they relate to intervention or treatment goals. The plan of care shall have: (A) Child involvement if developmentally appropriate; (B) Measurable outcomes; (C) Identification of agency or agencies that shall monitor the plan of care; (D) Family involvement; and (E) Sensitivity to unique cultural needs; and (8) Development of interagency training plan in the area of truancy prevention. Amended by 2024 Tenn. Acts, ch. 688,s 137, eff. 7/1/2024. Acts 1994, ch. 985, § 4; 2010 , ch. 1100, § 79; 2012 , ch. 575, § 1.
The state departments of education, mental health and substance abuse services, and disability and aging shall take the following actions to improve and coordinate services for behavioral/emotionally disordered children. Any policy change required as a result of these actions will be presented to the state board of education for review and approval:
(1) Delineation of each state and local agency's responsibilities;
(2) Development of joint agency planning and training, especially between Tennessee's state and local agencies of mental health and substance abuse services, disability and aging and education;
(3) Development of a systematic process for securing funding for a continuum of related service options;
(4) Development of a definition of the target population;
(5) Development of ongoing needs assessment process that addresses: (A) The complex and diverse needs of the children and their families; and (B) The resources of schools, mental health/intellectual and developmental disabilities providers, and public/private agencies;
(A) The complex and diverse needs of the children and their families; and
(B) The resources of schools, mental health/intellectual and developmental disabilities providers, and public/private agencies;
(6) Prepare an inventory of a continuum of existing services and options, known private or public agencies and families;
(7) Development of an interagency agreement on the principles to be included in a plan of care as they relate to intervention or treatment goals. The plan of care shall have: (A) Child involvement if developmentally appropriate; (B) Measurable outcomes; (C) Identification of agency or agencies that shall monitor the plan of care; (D) Family involvement; and (E) Sensitivity to unique cultural needs; and
(A) Child involvement if developmentally appropriate;
(B) Measurable outcomes;
(C) Identification of agency or agencies that shall monitor the plan of care;
(D) Family involvement; and
(E) Sensitivity to unique cultural needs; and
(8) Development of interagency training plan in the area of truancy prevention.
Amended by 2024 Tenn. Acts, ch. 688,s 137, eff. 7/1/2024.
Acts 1994, ch. 985, § 4; 2010 , ch. 1100, § 79; 2012 , ch. 575, § 1.
Tenn. Code Ann. § 49-5-417 — TN Code / Title 49 / Chapter 5 / Section 49-5-417
Automatic revocation of licensure for certain criminal offenses
Status: in_force

(a) The state board of education shall automatically revoke the active license of a licensed educator without the right to a hearing upon: (1) Receiving verification of the identity of the educator together with a certified copy of a criminal record showing that the educator has pleaded guilty or nolo contendere to, or has been convicted or otherwise found guilty of, any of the following offenses, including equivalent offenses in another jurisdiction: (A) Communicating a threat concerning a school employee, as described in § 39-13-114 ; (B) Statutory rape by an authority figure, as described in § 39-13-532 ; (C) Arson or aggravated arson, as described in §§ 39-14-301 and 39-14-302 ; (D) A burglary offense, as described in §§ 39-13-1001 - 39-13-1004; (E) Child abuse, child neglect, or child endangerment, as described in § 39-15-401 ; (F) Aggravated child abuse, aggravated child neglect, or aggravated child endangerment, as described in § 39-15-402 ; (G) Providing handguns to juveniles, as described in § 39-17-1320 ; (H) A sexual offense or a violent sexual offense as described in § 40-39-202 ; (I) A felony offense in title 39, chapter 13; (J) A felony offense in title 39, chapter 17, part 13; or (K) Any offense listed in § 39-17-417 or § 40-35-501(i)(2) ; (2) Being identified by the department of children's services or a similar agency in another jurisdiction, after having exhausted or waived all due process rights available to the licensed educator, as having committed child abuse, severe child abuse, child sexual abuse, or child neglect; (3) The educator's name being placed on the state's vulnerable person's registry, the state's sex offender registry, or similar registries in another jurisdiction; or (4) Receiving verification of the identity of the educator together with a certified copy of a court order, settlement agreement, or plea agreement in a criminal, civil, or administrative action requiring the educator to surrender the educator's Tennessee license. Unless otherwise stated in the court order, settlement agreement, or plea agreement, the educator's license must be revoked for a period of no less than five (5) years after which the educator may apply for restoration of the educator's license in accordance with state law and state board rules. (b) The state board shall send notice to educators whose licenses are subject to automatic revocation at least thirty (30) days prior to the board meeting at which the revocation shall occur. (c) (1) A director of schools, director of a public charter school, or director of a nonpublic school who learns that a licensed educator employed by the LEA, public charter school, or nonpublic school, respectively, has pleaded guilty or nolo contendere to, or has been convicted or otherwise found guilty of, an offense listed in subsection (a) must report the licensed educator to the state board. The state board shall set the time frame within which the director must report a licensed educator. The state board may specify in its rules other offenses for which a director is required to report a licensed educator to the state board upon learning that the licensed educator has pleaded guilty or nolo contendere to, or has been convicted or otherwise found guilty of, such offense. (2) A director of schools, director of a public charter school, or director of a nonpublic school shall report to the state board licensed educators employed by the LEA, charter school, or nonpublic school, respectively, who have been suspended or dismissed, or who have resigned, following allegations of conduct, including sexual misconduct, which, if substantiated, would warrant consideration for license reprimand, suspension, or revocation under state board of education rule. (3) (A) The state board shall develop forms to be used by directors of schools, directors of charter schools, and directors of nonpublic schools for reporting offenses and shall develop instructions and procedures for filling out and filing the forms. The state board shall provide the forms, instructions, and procedures to directors at least annually at the beginning of each school year. The state board may provide the forms, instructions, and procedures electronically. (B) The forms and instructions shall state when the directors have a duty to report under this subsection (c) and the time frame in which the required report is to be filed pursuant to state board rule. (4) The state board may issue a public reprimand if a director, who does not hold an active educator license, fails to make a report as required by this section or by the state board. The state board shall send a copy of the reprimand to the director and to the local board of education, charter school governing body, or nonpublic school governing body, as applicable. If a director holds an active educator license, then the director's failure to make a report as required by this section or by the state board may subject the director to formal reprimand or suspension under state board rule. If the state board issues a formal reprimand or suspends a director's educator license for the director's failure to make a required report, then the state board shall send notice of the license action to the local board of education, charter school governing body, or nonpublic school governing body, as applicable. (5) As used in this section, "sexual misconduct" means any sexually related behavior with a child or student, regardless of the age of the child or student, whether verbal, nonverbal, written, physical, or electronic that is designed to establish a sexual relationship with the child or student, including, but not limited to, behaviors such as: (A) Making sexual jokes, sexual remarks, or sexually suggestive comments; (B) Engaging in sexual kidding, sexual teasing, sexual innuendo, or sexualized dialog; (C) Dating or soliciting dates or sexual favors; (D) Engaging in inappropriate physical contact or touching, groping, grabbing, or kissing; or (E) Committing an offense under title 39, chapter 13, part 5, against a child or student. (d) The state board shall prohibit an individual whose educator license has expired from applying to reactivate the expired license if the state board receives verification of the identity of the individual who would qualify for automatic revocation under this section if the individual possessed an active educator license. The state board shall send notice to the individual at least thirty (30) days prior to the board meeting at which the vote to prohibit the individual from applying to reactivate the expired license will occur. The state board shall also send notice of an action taken pursuant to this subsection (d) to the national clearinghouse administered by the National Association of State Directors of Teacher Education and Certification (NASDTEC). Amended by 2024 Tenn. Acts, ch. 577,s 2, eff. 3/15/2024. Amended by 2024 Tenn. Acts, ch. 577,s 1, eff. 3/15/2024. Amended by 2023 Tenn. Acts, ch. 267, s 10, eff. 4/28/2023. Amended by 2023 Tenn. Acts, ch. 267, s 9, eff. 4/28/2023. Amended by 2023 Tenn. Acts, ch. 267, s 8, eff. 4/28/2023. Amended by 2023 Tenn. Acts, ch. 267, s 7, eff. 4/28/2023. Amended by 2023 Tenn. Acts, ch. 267, s 6, eff. 4/28/2023. Amended by 2023 Tenn. Acts, ch. 267, s 5, eff. 4/28/2023. Amended by 2023 Tenn. Acts, ch. 267, s 4, eff. 4/28/2023. Amended by 2023 Tenn. Acts, ch. 267, s 3, eff. 4/28/2023. Amended by 2023 Tenn. Acts, ch. 267, s 2, eff. 4/28/2023. Amended by 2023 Tenn. Acts, ch. 267, s 1, eff. 4/28/2023. Amended by 2021 Tenn. Acts, ch. 545, s 18, eff. 7/1/2021. Amended by 2020 Tenn. Acts, ch. 629, Secs.s 1, s 2 eff. 7/1/2020. Amended by 2018 Tenn. Acts, ch. 935, s 1, eff. 7/1/2018. Acts 2007 , ch. 432, § 1.
(a) The state board of education shall automatically revoke the active license of a licensed educator without the right to a hearing upon: (1) Receiving verification of the identity of the educator together with a certified copy of a criminal record showing that the educator has pleaded guilty or nolo contendere to, or has been convicted or otherwise found guilty of, any of the following offenses, including equivalent offenses in another jurisdiction: (A) Communicating a threat concerning a school employee, as described in § 39-13-114 ; (B) Statutory rape by an authority figure, as described in § 39-13-532 ; (C) Arson or aggravated arson, as described in §§ 39-14-301 and 39-14-302 ; (D) A burglary offense, as described in §§ 39-13-1001 - 39-13-1004; (E) Child abuse, child neglect, or child endangerment, as described in § 39-15-401 ; (F) Aggravated child abuse, aggravated child neglect, or aggravated child endangerment, as described in § 39-15-402 ; (G) Providing handguns to juveniles, as described in § 39-17-1320 ; (H) A sexual offense or a violent sexual offense as described in § 40-39-202 ; (I) A felony offense in title 39, chapter 13; (J) A felony offense in title 39, chapter 17, part 13; or (K) Any offense listed in § 39-17-417 or § 40-35-501(i)(2) ; (2) Being identified by the department of children's services or a similar agency in another jurisdiction, after having exhausted or waived all due process rights available to the licensed educator, as having committed child abuse, severe child abuse, child sexual abuse, or child neglect; (3) The educator's name being placed on the state's vulnerable person's registry, the state's sex offender registry, or similar registries in another jurisdiction; or (4) Receiving verification of the identity of the educator together with a certified copy of a court order, settlement agreement, or plea agreement in a criminal, civil, or administrative action requiring the educator to surrender the educator's Tennessee license. Unless otherwise stated in the court order, settlement agreement, or plea agreement, the educator's license must be revoked for a period of no less than five (5) years after which the educator may apply for restoration of the educator's license in accordance with state law and state board rules.
(1) Receiving verification of the identity of the educator together with a certified copy of a criminal record showing that the educator has pleaded guilty or nolo contendere to, or has been convicted or otherwise found guilty of, any of the following offenses, including equivalent offenses in another jurisdiction: (A) Communicating a threat concerning a school employee, as described in § 39-13-114 ; (B) Statutory rape by an authority figure, as described in § 39-13-532 ; (C) Arson or aggravated arson, as described in §§ 39-14-301 and 39-14-302 ; (D) A burglary offense, as described in §§ 39-13-1001 - 39-13-1004; (E) Child abuse, child neglect, or child endangerment, as described in § 39-15-401 ; (F) Aggravated child abuse, aggravated child neglect, or aggravated child endangerment, as described in § 39-15-402 ; (G) Providing handguns to juveniles, as described in § 39-17-1320 ; (H) A sexual offense or a violent sexual offense as described in § 40-39-202 ; (I) A felony offense in title 39, chapter 13; (J) A felony offense in title 39, chapter 17, part 13; or (K) Any offense listed in § 39-17-417 or § 40-35-501(i)(2) ;
(A) Communicating a threat concerning a school employee, as described in § 39-13-114 ;
(B) Statutory rape by an authority figure, as described in § 39-13-532 ;
(C) Arson or aggravated arson, as described in §§ 39-14-301 and 39-14-302 ;
(D) A burglary offense, as described in §§ 39-13-1001 - 39-13-1004;
(E) Child abuse, child neglect, or child endangerment, as described in § 39-15-401 ;
(F) Aggravated child abuse, aggravated child neglect, or aggravated child endangerment, as described in § 39-15-402 ;
(G) Providing handguns to juveniles, as described in § 39-17-1320 ;
(H) A sexual offense or a violent sexual offense as described in § 40-39-202 ;
(I) A felony offense in title 39, chapter 13;
(J) A felony offense in title 39, chapter 17, part 13; or
(K) Any offense listed in § 39-17-417 or § 40-35-501(i)(2) ;
(2) Being identified by the department of children's services or a similar agency in another jurisdiction, after having exhausted or waived all due process rights available to the licensed educator, as having committed child abuse, severe child abuse, child sexual abuse, or child neglect;
(3) The educator's name being placed on the state's vulnerable person's registry, the state's sex offender registry, or similar registries in another jurisdiction; or
(4) Receiving verification of the identity of the educator together with a certified copy of a court order, settlement agreement, or plea agreement in a criminal, civil, or administrative action requiring the educator to surrender the educator's Tennessee license. Unless otherwise stated in the court order, settlement agreement, or plea agreement, the educator's license must be revoked for a period of no less than five (5) years after which the educator may apply for restoration of the educator's license in accordance with state law and state board rules.
(b) The state board shall send notice to educators whose licenses are subject to automatic revocation at least thirty (30) days prior to the board meeting at which the revocation shall occur.
(c) (1) A director of schools, director of a public charter school, or director of a nonpublic school who learns that a licensed educator employed by the LEA, public charter school, or nonpublic school, respectively, has pleaded guilty or nolo contendere to, or has been convicted or otherwise found guilty of, an offense listed in subsection (a) must report the licensed educator to the state board. The state board shall set the time frame within which the director must report a licensed educator. The state board may specify in its rules other offenses for which a director is required to report a licensed educator to the state board upon learning that the licensed educator has pleaded guilty or nolo contendere to, or has been convicted or otherwise found guilty of, such offense. (2) A director of schools, director of a public charter school, or director of a nonpublic school shall report to the state board licensed educators employed by the LEA, charter school, or nonpublic school, respectively, who have been suspended or dismissed, or who have resigned, following allegations of conduct, including sexual misconduct, which, if substantiated, would warrant consideration for license reprimand, suspension, or revocation under state board of education rule. (3) (A) The state board shall develop forms to be used by directors of schools, directors of charter schools, and directors of nonpublic schools for reporting offenses and shall develop instructions and procedures for filling out and filing the forms. The state board shall provide the forms, instructions, and procedures to directors at least annually at the beginning of each school year. The state board may provide the forms, instructions, and procedures electronically. (B) The forms and instructions shall state when the directors have a duty to report under this subsection (c) and the time frame in which the required report is to be filed pursuant to state board rule. (4) The state board may issue a public reprimand if a director, who does not hold an active educator license, fails to make a report as required by this section or by the state board. The state board shall send a copy of the reprimand to the director and to the local board of education, charter school governing body, or nonpublic school governing body, as applicable. If a director holds an active educator license, then the director's failure to make a report as required by this section or by the state board may subject the director to formal reprimand or suspension under state board rule. If the state board issues a formal reprimand or suspends a director's educator license for the director's failure to make a required report, then the state board shall send notice of the license action to the local board of education, charter school governing body, or nonpublic school governing body, as applicable. (5) As used in this section, "sexual misconduct" means any sexually related behavior with a child or student, regardless of the age of the child or student, whether verbal, nonverbal, written, physical, or electronic that is designed to establish a sexual relationship with the child or student, including, but not limited to, behaviors such as: (A) Making sexual jokes, sexual remarks, or sexually suggestive comments; (B) Engaging in sexual kidding, sexual teasing, sexual innuendo, or sexualized dialog; (C) Dating or soliciting dates or sexual favors; (D) Engaging in inappropriate physical contact or touching, groping, grabbing, or kissing; or (E) Committing an offense under title 39, chapter 13, part 5, against a child or student.
(1) A director of schools, director of a public charter school, or director of a nonpublic school who learns that a licensed educator employed by the LEA, public charter school, or nonpublic school, respectively, has pleaded guilty or nolo contendere to, or has been convicted or otherwise found guilty of, an offense listed in subsection (a) must report the licensed educator to the state board. The state board shall set the time frame within which the director must report a licensed educator. The state board may specify in its rules other offenses for which a director is required to report a licensed educator to the state board upon learning that the licensed educator has pleaded guilty or nolo contendere to, or has been convicted or otherwise found guilty of, such offense.
(2) A director of schools, director of a public charter school, or director of a nonpublic school shall report to the state board licensed educators employed by the LEA, charter school, or nonpublic school, respectively, who have been suspended or dismissed, or who have resigned, following allegations of conduct, including sexual misconduct, which, if substantiated, would warrant consideration for license reprimand, suspension, or revocation under state board of education rule.
(3) (A) The state board shall develop forms to be used by directors of schools, directors of charter schools, and directors of nonpublic schools for reporting offenses and shall develop instructions and procedures for filling out and filing the forms. The state board shall provide the forms, instructions, and procedures to directors at least annually at the beginning of each school year. The state board may provide the forms, instructions, and procedures electronically. (B) The forms and instructions shall state when the directors have a duty to report under this subsection (c) and the time frame in which the required report is to be filed pursuant to state board rule.
(A) The state board shall develop forms to be used by directors of schools, directors of charter schools, and directors of nonpublic schools for reporting offenses and shall develop instructions and procedures for filling out and filing the forms. The state board shall provide the forms, instructions, and procedures to directors at least annually at the beginning of each school year. The state board may provide the forms, instructions, and procedures electronically.
(B) The forms and instructions shall state when the directors have a duty to report under this subsection (c) and the time frame in which the required report is to be filed pursuant to state board rule.
(4) The state board may issue a public reprimand if a director, who does not hold an active educator license, fails to make a report as required by this section or by the state board. The state board shall send a copy of the reprimand to the director and to the local board of education, charter school governing body, or nonpublic school governing body, as applicable. If a director holds an active educator license, then the director's failure to make a report as required by this section or by the state board may subject the director to formal reprimand or suspension under state board rule. If the state board issues a formal reprimand or suspends a director's educator license for the director's failure to make a required report, then the state board shall send notice of the license action to the local board of education, charter school governing body, or nonpublic school governing body, as applicable.
(5) As used in this section, "sexual misconduct" means any sexually related behavior with a child or student, regardless of the age of the child or student, whether verbal, nonverbal, written, physical, or electronic that is designed to establish a sexual relationship with the child or student, including, but not limited to, behaviors such as: (A) Making sexual jokes, sexual remarks, or sexually suggestive comments; (B) Engaging in sexual kidding, sexual teasing, sexual innuendo, or sexualized dialog; (C) Dating or soliciting dates or sexual favors; (D) Engaging in inappropriate physical contact or touching, groping, grabbing, or kissing; or (E) Committing an offense under title 39, chapter 13, part 5, against a child or student.
(A) Making sexual jokes, sexual remarks, or sexually suggestive comments;
(B) Engaging in sexual kidding, sexual teasing, sexual innuendo, or sexualized dialog;
(C) Dating or soliciting dates or sexual favors;
(D) Engaging in inappropriate physical contact or touching, groping, grabbing, or kissing; or
(E) Committing an offense under title 39, chapter 13, part 5, against a child or student.
(d) The state board shall prohibit an individual whose educator license has expired from applying to reactivate the expired license if the state board receives verification of the identity of the individual who would qualify for automatic revocation under this section if the individual possessed an active educator license. The state board shall send notice to the individual at least thirty (30) days prior to the board meeting at which the vote to prohibit the individual from applying to reactivate the expired license will occur. The state board shall also send notice of an action taken pursuant to this subsection (d) to the national clearinghouse administered by the National Association of State Directors of Teacher Education and Certification (NASDTEC).
Amended by 2024 Tenn. Acts, ch. 577,s 2, eff. 3/15/2024.
Amended by 2024 Tenn. Acts, ch. 577,s 1, eff. 3/15/2024.
Amended by 2023 Tenn. Acts, ch. 267, s 10, eff. 4/28/2023.
Amended by 2023 Tenn. Acts, ch. 267, s 9, eff. 4/28/2023.
Amended by 2023 Tenn. Acts, ch. 267, s 8, eff. 4/28/2023.
Amended by 2023 Tenn. Acts, ch. 267, s 7, eff. 4/28/2023.
Amended by 2023 Tenn. Acts, ch. 267, s 6, eff. 4/28/2023.
Amended by 2023 Tenn. Acts, ch. 267, s 5, eff. 4/28/2023.
Amended by 2023 Tenn. Acts, ch. 267, s 4, eff. 4/28/2023.
Amended by 2023 Tenn. Acts, ch. 267, s 3, eff. 4/28/2023.
Amended by 2023 Tenn. Acts, ch. 267, s 2, eff. 4/28/2023.
Amended by 2023 Tenn. Acts, ch. 267, s 1, eff. 4/28/2023.
Amended by 2021 Tenn. Acts, ch. 545, s 18, eff. 7/1/2021.
Amended by 2020 Tenn. Acts, ch. 629, Secs.s 1, s 2 eff. 7/1/2020.
Amended by 2018 Tenn. Acts, ch. 935, s 1, eff. 7/1/2018.
Acts 2007 , ch. 432, § 1.
Tenn. Code Ann. § 49-6-3002 — TN Code / Title 49 / Chapter 6 / Section 49-6-3002
State attendance guidelines - No penalty for period of hospital or homebound instruction
Status: in_force

(a) The state board of education shall promulgate rules, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, that prescribe guidelines for use by local boards of education in establishing standards and policies governing student attendance, subject to availability of funds. The guidelines shall include, but not be limited to, the following stipulations: (1) Attendance policies shall be firm but fair so that each student has a reasonable opportunity to meet the minimum requirements; (2) Effective accounting and reporting procedures shall be developed to keep parents or guardians informed of a student's absence from class; (3) Policies shall accommodate extenuating circumstances created by emergencies over which the student has no control; (4) Appeal procedures shall be included to assure the student's right of due process; and (5) Alternative programs shall be established to provide educational options for any student who severely fails to meet minimum attendance requirements. (b) Notwithstanding any law to the contrary, if a student is unable to attend regular classes because of illness, injury or pregnancy and if the student has participated in a program of hospital or homebound instruction administered or approved by the LEA, then the student shall not be penalized for grading purposes nor be denied course completion, grade level advancement or graduation solely on the basis of the student's absence from the regular classroom during the period of the hospital or homebound instruction. (c) (1) Notwithstanding any law to the contrary, if a student is unable to attend regular classes pursuant to a summons, subpoena, court order, statute or rule, then the student's absence shall be an excused absence and the student shall be afforded the opportunity to complete all assignments missed for this purpose. (2) Subdivision (c)(1) shall not apply if a student's absence is: (A) The result of a commission of a delinquent act and notice of intent to transfer the student to criminal court has been provided pursuant to § 37-1-134 ; or (B) For detention purposes pursuant to § 37-1-114(c) . Acts 1983, ch. 243, § 1; T.C.A., § 49-118; Acts 1990, ch. 903, § 2; 2009 , ch. 490, § 1.
(a) The state board of education shall promulgate rules, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, that prescribe guidelines for use by local boards of education in establishing standards and policies governing student attendance, subject to availability of funds. The guidelines shall include, but not be limited to, the following stipulations: (1) Attendance policies shall be firm but fair so that each student has a reasonable opportunity to meet the minimum requirements; (2) Effective accounting and reporting procedures shall be developed to keep parents or guardians informed of a student's absence from class; (3) Policies shall accommodate extenuating circumstances created by emergencies over which the student has no control; (4) Appeal procedures shall be included to assure the student's right of due process; and (5) Alternative programs shall be established to provide educational options for any student who severely fails to meet minimum attendance requirements.
(1) Attendance policies shall be firm but fair so that each student has a reasonable opportunity to meet the minimum requirements;
(2) Effective accounting and reporting procedures shall be developed to keep parents or guardians informed of a student's absence from class;
(3) Policies shall accommodate extenuating circumstances created by emergencies over which the student has no control;
(4) Appeal procedures shall be included to assure the student's right of due process; and
(5) Alternative programs shall be established to provide educational options for any student who severely fails to meet minimum attendance requirements.
(b) Notwithstanding any law to the contrary, if a student is unable to attend regular classes because of illness, injury or pregnancy and if the student has participated in a program of hospital or homebound instruction administered or approved by the LEA, then the student shall not be penalized for grading purposes nor be denied course completion, grade level advancement or graduation solely on the basis of the student's absence from the regular classroom during the period of the hospital or homebound instruction.
(c) (1) Notwithstanding any law to the contrary, if a student is unable to attend regular classes pursuant to a summons, subpoena, court order, statute or rule, then the student's absence shall be an excused absence and the student shall be afforded the opportunity to complete all assignments missed for this purpose. (2) Subdivision (c)(1) shall not apply if a student's absence is: (A) The result of a commission of a delinquent act and notice of intent to transfer the student to criminal court has been provided pursuant to § 37-1-134 ; or (B) For detention purposes pursuant to § 37-1-114(c) .
(1) Notwithstanding any law to the contrary, if a student is unable to attend regular classes pursuant to a summons, subpoena, court order, statute or rule, then the student's absence shall be an excused absence and the student shall be afforded the opportunity to complete all assignments missed for this purpose.
(2) Subdivision (c)(1) shall not apply if a student's absence is: (A) The result of a commission of a delinquent act and notice of intent to transfer the student to criminal court has been provided pursuant to § 37-1-134 ; or (B) For detention purposes pursuant to § 37-1-114(c) .
(A) The result of a commission of a delinquent act and notice of intent to transfer the student to criminal court has been provided pursuant to § 37-1-134 ; or
(B) For detention purposes pursuant to § 37-1-114(c) .
Acts 1983, ch. 243, § 1; T.C.A., § 49-118; Acts 1990, ch. 903, § 2; 2009 , ch. 490, § 1.
Tenn. Code Ann. § 49-9-115 — TN Code / Title 49 / Chapter 9 / Section 49-9-115
American sign language - Satisfaction of foreign language admission requirements
Status: in_force

By July 1, 2019, each institution operated by the University of Tennessee shall adopt a policy to allow American sign language courses to satisfy any foreign language requirements for admission to an undergraduate degree program. Acts 2018, ch. 546, § 2.
By July 1, 2019, each institution operated by the University of Tennessee shall adopt a policy to allow American sign language courses to satisfy any foreign language requirements for admission to an undergraduate degree program.
Acts 2018, ch. 546, § 2.
Tenn. Code Ann. § 49-11-704 — TN Code / Title 49 / Chapter 11 / Section 49-11-704
[Repealed]
Status: repealed

Amended by 2024 Tenn. Acts, ch. 688,s 140, eff. 7/1/2024. Repealed by 2024 Tenn. Acts, ch. 558,s 4, eff. 7/1/2024. Amended by 2018 Tenn. Acts, ch. 720, Secs.s 5, s 6 eff. 4/12/2018. Acts 1965, ch. 332, §§ 3, 9; impl. am. Acts 1975, ch. 219, § 1(b); impl. am. Acts 1975, ch. 248, § 1; Acts 1976, ch. 434, § 1; 1976, ch. 806, § 1(66); T.C.A., §§ 49-2818, 49-2824; Acts 1989, ch. 4, §§ 3, 4, 9; 1999, ch. 520, § 40; 2000, ch. 947, § 6; 2001, ch. 174, § 7; 2010 , ch. 1100, §§ 81 - 83; 2012 , ch. 575, § 1. See 2024 Tenn. Acts, ch. 558, s 6.
Amended by 2024 Tenn. Acts, ch. 688,s 140, eff. 7/1/2024.
Repealed by 2024 Tenn. Acts, ch. 558,s 4, eff. 7/1/2024.
Amended by 2018 Tenn. Acts, ch. 720, Secs.s 5, s 6 eff. 4/12/2018.
Acts 1965, ch. 332, §§ 3, 9; impl. am. Acts 1975, ch. 219, § 1(b); impl. am. Acts 1975, ch. 248, § 1; Acts 1976, ch. 434, § 1; 1976, ch. 806, § 1(66); T.C.A., §§ 49-2818, 49-2824; Acts 1989, ch. 4, §§ 3, 4, 9; 1999, ch. 520, § 40; 2000, ch. 947, § 6; 2001, ch. 174, § 7; 2010 , ch. 1100, §§ 81 - 83; 2012 , ch. 575, § 1.
See 2024 Tenn. Acts, ch. 558, s 6.
Tenn. Code Ann. § 49-10-1307 — TN Code / Title 49 / Chapter 10 / Section 49-10-1307
Training and reporting on the use of restraint and isolation
Status: in_force

If a private school or agency contracts with an LEA to provide services for students with disabilities, then such private school or agency shall, in the contract for services, certify that the staff of the facility or program has received training in the appropriate use of isolation and restraint. Further, the contracting agency shall report to a designated LEA representative each instance of the use of isolation and restraint to accomplish the parental notification provided in this part. Amended by 2021 Tenn. Acts, ch. 134, s 26, eff. 7/1/2021. Acts 2011 , ch. 457, § 3.
If a private school or agency contracts with an LEA to provide services for students with disabilities, then such private school or agency shall, in the contract for services, certify that the staff of the facility or program has received training in the appropriate use of isolation and restraint. Further, the contracting agency shall report to a designated LEA representative each instance of the use of isolation and restraint to accomplish the parental notification provided in this part.
Amended by 2021 Tenn. Acts, ch. 134, s 26, eff. 7/1/2021.
Acts 2011 , ch. 457, § 3.
Tenn. Code Ann. § 49-10-404 — TN Code / Title 49 / Chapter 10 / Section 49-10-404
[Repealed]
Status: repealed

Repealed by 2019 Tenn. Acts, ch. 107,s 20, eff. 4/11/2019. Acts 1972, ch. 839, § 7; T.C.A., §§ 49-2943, 49-2944; Acts 1994, ch. 768, § 2.
Repealed by 2019 Tenn. Acts, ch. 107,s 20, eff. 4/11/2019.
Acts 1972, ch. 839, § 7; T.C.A., §§ 49-2943, 49-2944; Acts 1994, ch. 768, § 2.
Tenn. Code Ann. § 49-10-804 — TN Code / Title 49 / Chapter 10 / Section 49-10-804
[Repealed]
Status: repealed

Repealed by 2018 Tenn. Acts, ch. 725, s 49, eff. 4/18/2018. Acts 1917, ch. 34, § 2; Shan., § 2659a362 (p. 6568); impl. am. Acts 1923, ch. 7, § 42; Shan. Supp., § 2659a4; Code 1932, § 4550; impl. am. Acts 1943, ch. 154, § 1; Acts 1973, ch. 72, § 1; T.C.A. (orig. ed.), § 49-3020.
Repealed by 2018 Tenn. Acts, ch. 725, s 49, eff. 4/18/2018.
Acts 1917, ch. 34, § 2; Shan., § 2659a362 (p. 6568); impl. am. Acts 1923, ch. 7, § 42; Shan. Supp., § 2659a4; Code 1932, § 4550; impl. am. Acts 1943, ch. 154, § 1; Acts 1973, ch. 72, § 1; T.C.A. (orig. ed.), § 49-3020.
Tenn. Code Ann. § 49-1-1003 — TN Code / Title 49 / Chapter 1 / Section 49-1-1003
Connie Hall Givens coordinated school health program
Status: in_force

(a) The department of education shall establish and administer the Connie Hall Givens coordinated school health program. An LEA shall annually submit a coordinated school health plan to the department for approval. Each coordinated school health plan must include how the LEA intends to spend funds for student health and wellness, how the LEA currently addresses the health needs of school children, and who will serve as the school health coordinator. (b) The plan shall give priority to school health as a means to assist in meeting the education performance indicators of § 49-1-211(a)(3) . The plan shall be developed in accordance with the guidelines for a coordinated school health program developed by the commissioner. In developing the guidelines for the program, the commissioner is requested to consult with appropriate organizations involved in the areas of student health, health care and fitness. The guidelines and any proposed forms for applications shall be offered to the education committee of the senate and the education administration committee of the house of representatives for review and comment. Copies of local education plans may be offered to the education committee of the senate and the education administration committee of the house of representatives for informational purposes. The goal of the program shall be to help the LEAs establish a bona fide coordinated school health program that improves the overall health and wellness of students. (c) The annual report on school health to the governor and general assembly required by § 49-50-1602(a)(4) shall include information on progress toward the goal. Amended by 2022 Tenn. Acts, ch. 966, s 38, eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 966, s 37, eff. 7/1/2023. Amended by 2021 Tenn. Acts, ch. 64, s 75, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 345, s 85, eff. 5/10/2019. Amended by 2015 Tenn. Acts, ch. 182, s 26, eff. 4/17/2015. Acts 2000, ch. 554, § 4; 2010 , ch. 764, § 2; 2011 , ch. 410, § 4 (j).
(a) The department of education shall establish and administer the Connie Hall Givens coordinated school health program. An LEA shall annually submit a coordinated school health plan to the department for approval. Each coordinated school health plan must include how the LEA intends to spend funds for student health and wellness, how the LEA currently addresses the health needs of school children, and who will serve as the school health coordinator.
(b) The plan shall give priority to school health as a means to assist in meeting the education performance indicators of § 49-1-211(a)(3) . The plan shall be developed in accordance with the guidelines for a coordinated school health program developed by the commissioner. In developing the guidelines for the program, the commissioner is requested to consult with appropriate organizations involved in the areas of student health, health care and fitness. The guidelines and any proposed forms for applications shall be offered to the education committee of the senate and the education administration committee of the house of representatives for review and comment. Copies of local education plans may be offered to the education committee of the senate and the education administration committee of the house of representatives for informational purposes. The goal of the program shall be to help the LEAs establish a bona fide coordinated school health program that improves the overall health and wellness of students.
(c) The annual report on school health to the governor and general assembly required by § 49-50-1602(a)(4) shall include information on progress toward the goal.
Amended by 2022 Tenn. Acts, ch. 966, s 38, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 966, s 37, eff. 7/1/2023.
Amended by 2021 Tenn. Acts, ch. 64, s 75, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 85, eff. 5/10/2019.
Amended by 2015 Tenn. Acts, ch. 182, s 26, eff. 4/17/2015.
Acts 2000, ch. 554, § 4; 2010 , ch. 764, § 2; 2011 , ch. 410, § 4 (j).
Tenn. Code Ann. § 49-1-619 — TN Code / Title 49 / Chapter 1 / Section 49-1-619
Changes to formula used to calculate school or LEA performance goals and measures - Stakeholder input
Status: in_force

(a) The commissioner of education shall obtain approval from the state board of education for changes to the formula used to calculate school or LEA performance goals and measures established pursuant to this part. (b) To ensure stakeholder input, before submitting a proposal to the state board to change the formula used to calculate performance goals and measures for schools or LEAs, the commissioner shall convene a working group that includes, but is not limited to: (1) The chair of the education administration committee of the house of representatives; (2) The chair of the education instruction committee of the house of representatives; (3) The chair of the education committee of the senate; (4) The executive director of the state board of education; (5) A representative from the Tennessee organization of school superintendents; (6) A representative from the Tennessee school boards association; (7) A public school teacher employed at a school located: (A) In an urban area in this state; (B) In a suburban area in this state; and (C) In a rural area in this state; and (8) A parent of a child who is enrolled in a public school in this state. For the purposes of this subdivision (b)(8), "parent" includes the parent, guardian, person who has custody of the child, or individual who has caregiving authority under § 49-6-3001 . (c) To ensure meaningful stakeholder engagement, the commissioner shall provide relevant materials in advance of a convening of the working group required by subsection (b), to provide adequate time for working group members to gather feedback from the members' respective peers. Added by 2021 Tenn. Acts, ch. 299, s 1, eff. 7/1/2021.
(a) The commissioner of education shall obtain approval from the state board of education for changes to the formula used to calculate school or LEA performance goals and measures established pursuant to this part.
(b) To ensure stakeholder input, before submitting a proposal to the state board to change the formula used to calculate performance goals and measures for schools or LEAs, the commissioner shall convene a working group that includes, but is not limited to: (1) The chair of the education administration committee of the house of representatives; (2) The chair of the education instruction committee of the house of representatives; (3) The chair of the education committee of the senate; (4) The executive director of the state board of education; (5) A representative from the Tennessee organization of school superintendents; (6) A representative from the Tennessee school boards association; (7) A public school teacher employed at a school located: (A) In an urban area in this state; (B) In a suburban area in this state; and (C) In a rural area in this state; and (8) A parent of a child who is enrolled in a public school in this state. For the purposes of this subdivision (b)(8), "parent" includes the parent, guardian, person who has custody of the child, or individual who has caregiving authority under § 49-6-3001 .
(1) The chair of the education administration committee of the house of representatives;
(2) The chair of the education instruction committee of the house of representatives;
(3) The chair of the education committee of the senate;
(4) The executive director of the state board of education;
(5) A representative from the Tennessee organization of school superintendents;
(6) A representative from the Tennessee school boards association;
(7) A public school teacher employed at a school located: (A) In an urban area in this state; (B) In a suburban area in this state; and (C) In a rural area in this state; and
(A) In an urban area in this state;
(B) In a suburban area in this state; and
(C) In a rural area in this state; and
(8) A parent of a child who is enrolled in a public school in this state. For the purposes of this subdivision (b)(8), "parent" includes the parent, guardian, person who has custody of the child, or individual who has caregiving authority under § 49-6-3001 .
(c) To ensure meaningful stakeholder engagement, the commissioner shall provide relevant materials in advance of a convening of the working group required by subsection (b), to provide adequate time for working group members to gather feedback from the members' respective peers.
Added by 2021 Tenn. Acts, ch. 299, s 1, eff. 7/1/2021.
Tenn. Code Ann. § 49-6-3801 — TN Code / Title 49 / Chapter 6 / Section 49-6-3801
Short title
Status: in_force

This part is known and may be cited as the "Age-Appropriate Materials Act of 2022." Acts 2022, ch. 744, § 1.
This part is known and may be cited as the "Age-Appropriate Materials Act of 2022."
Acts 2022, ch. 744, § 1.
Tenn. Code Ann. § 49-5-5605 — TN Code / Title 49 / Chapter 5 / Section 49-5-5605
Proficiency tests
Status: in_force

(a) All students desiring a license to teach must pass both a test that measures professional knowledge and a standardized or criterion-referenced test for each desired area of endorsement. These tests shall be developed or acquired by the department of education, validated and administered by the department at each institution or made available through the regular administration offered by a national testing organization. These tests shall be secure. Before the tests are placed in use, the board shall submit the tests to the education committee of the senate and the education administration committee of the house of representatives for review and comment. (b) The department shall allow an extra year for an applicant to be administered the state teachers certification test and shall make special accommodation in administration of the tests provided for by this section under the following circumstances: (1) The applicant has been employed by an LEA for one (1) year or more; (2) The applicant has favorable recommendations from the local board and local director of schools; (3) The applicant has a handicapping condition, including dyslexia, that adversely affects the applicant's ability to successfully complete the test; (4) The applicant has previously been unsuccessful in achieving a passing score on the test; and (5) In previous testing, the applicant has demonstrated a probable likelihood of success in passing the test, given additional time, reading assistance, oral administration of or response to test questions or other reasonable measures that would not compromise validity of the test. Amended by 2021 Tenn. Acts, ch. 64, s 82, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 345, s 95, eff. 5/10/2019. Amended by 2015 Tenn. Acts, ch. 182, s 40, eff. 4/17/2015. Acts 1984 (1st Ex. Sess.), ch. 7, § 69; 1987, ch. 308, § 8; 1996, ch. 667, § 1; 1996, ch. 978, § 2; 1998, ch. 634, § 1; 2011 , ch. 410, § 4 (t).
(a) All students desiring a license to teach must pass both a test that measures professional knowledge and a standardized or criterion-referenced test for each desired area of endorsement. These tests shall be developed or acquired by the department of education, validated and administered by the department at each institution or made available through the regular administration offered by a national testing organization. These tests shall be secure. Before the tests are placed in use, the board shall submit the tests to the education committee of the senate and the education administration committee of the house of representatives for review and comment.
(b) The department shall allow an extra year for an applicant to be administered the state teachers certification test and shall make special accommodation in administration of the tests provided for by this section under the following circumstances: (1) The applicant has been employed by an LEA for one (1) year or more; (2) The applicant has favorable recommendations from the local board and local director of schools; (3) The applicant has a handicapping condition, including dyslexia, that adversely affects the applicant's ability to successfully complete the test; (4) The applicant has previously been unsuccessful in achieving a passing score on the test; and (5) In previous testing, the applicant has demonstrated a probable likelihood of success in passing the test, given additional time, reading assistance, oral administration of or response to test questions or other reasonable measures that would not compromise validity of the test.
(1) The applicant has been employed by an LEA for one (1) year or more;
(2) The applicant has favorable recommendations from the local board and local director of schools;
(3) The applicant has a handicapping condition, including dyslexia, that adversely affects the applicant's ability to successfully complete the test;
(4) The applicant has previously been unsuccessful in achieving a passing score on the test; and
(5) In previous testing, the applicant has demonstrated a probable likelihood of success in passing the test, given additional time, reading assistance, oral administration of or response to test questions or other reasonable measures that would not compromise validity of the test.
Amended by 2021 Tenn. Acts, ch. 64, s 82, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 95, eff. 5/10/2019.
Amended by 2015 Tenn. Acts, ch. 182, s 40, eff. 4/17/2015.
Acts 1984 (1st Ex. Sess.), ch. 7, § 69; 1987, ch. 308, § 8; 1996, ch. 667, § 1; 1996, ch. 978, § 2; 1998, ch. 634, § 1; 2011 , ch. 410, § 4 (t).
Tenn. Code Ann. § 49-6-4219 — TN Code / Title 49 / Chapter 6 / Section 49-6-4219
Policy regulating use of electronic control devices
Status: in_force

Any law enforcement agency providing a school resource officer, school security officer or other law enforcement officer providing security at a school shall have a policy regulating the use of electronic control devices, which policy shall address training in the proper use of such devices, as well as investigation, documentation and review of such use, to include final approval of any report documenting such use by the agency's chief executive officer or sheriff. Added by 2014 Tenn. Acts, ch. 741,s 1, eff. 7/1/2014.
Any law enforcement agency providing a school resource officer, school security officer or other law enforcement officer providing security at a school shall have a policy regulating the use of electronic control devices, which policy shall address training in the proper use of such devices, as well as investigation, documentation and review of such use, to include final approval of any report documenting such use by the agency's chief executive officer or sheriff.
Added by 2014 Tenn. Acts, ch. 741,s 1, eff. 7/1/2014.
Tenn. Code Ann. § 49-7-805 — TN Code / Title 49 / Chapter 7 / Section 49-7-805
Board of trustees - Powers and duties
Status: in_force

In addition to the powers granted by any other provisions of this part, the board shall have, as agents of this state, the powers necessary or convenient to carry out the purposes and provisions of this part, the purposes and objectives of the program and the powers delegated by any other law of this state including, but not limited to, the following express powers: (1) Invest any funds of the trust fund in any instrument, obligation, security or property that constitutes legal investments for assets of the Tennessee consolidated retirement system as described in § 8-37-104 , and as may otherwise be provided herein or approved by the board; (2) Purchase insurance from insurers licensed to do business in this state providing for coverage against any loss in connection with the program's property, assets or activities or to further ensure the value of tuition units and educational savings accounts; (3) Make, execute and deliver contracts, conveyances and other instruments necessary to the exercise and discharge of the powers and duties of the board; (4) Contract for the provision of all or any part of the services necessary for the management and operation of the program. The board may also contract with any other college savings program established pursuant to § 529 of the Internal Revenue Code ( 26 U.S.C. § 529 ), in order to provide similar benefits for Tennessee residents. The board may further establish, or contract for the establishment of, an incentive plan or plans to encourage Tennessee residents to participate in any such other college savings program or in any § 529 college savings program established by the state. The board may delegate to the state treasurer the authority to implement such incentives; such implementation shall include, but not be limited to determining the amount of the incentives not to exceed an amount approved by the board, the length of time the incentives shall be available and the method by which the incentives shall be provided. Through the board's delegation, the state treasurer may establish and administer a plan to implement the incentives which the state treasurer may change from time to time without additional board authorization. The incentive plan or plans may consist, in whole or in part, of rebates, grants, scholarships or tax incentives to individual savings accounts established by or on behalf of Tennessee residents in any such college savings program and tax incentives, including but not limited to, the income tax prescribed in § 67-2-102 ; the professional privilege tax prescribed in § 67-4-1702 ; the passenger motor vehicle registration renewal fee prescribed in title 55, chapter 4 or wheel tax prescribed in § 7-51-703 , for Tennessee residents who establish individual savings accounts in any such college savings program. The board may approve the expenditure of such funds, or funds using other services or programs deemed necessary or appropriate by the board to encourage college savings by Tennessee residents within its approved annual budget. The state treasurer is authorized, but not required, to use forms of electronic payment, including, but not limited to, prepaid debit cards to provide such incentives. Notwithstanding this subdivision (4) or any other law to the contrary, the availability of the amount of the incentive or the cost to cover any other services or programs authorized by this subdivision (4) if intended to be funded by state funds shall be subject to the appropriation of funds in the general appropriations act for the purposes set forth in this subdivision (4) or from any amount collected by the board under subdivision (7); (5) Contract with financial consultants, actuaries, auditors, investment managers and other consultants and professionals as necessary to carry out its responsibilities under this part. These services may be procured in the manner prescribed by the board without regard to the requirements of former § 12-4-109 [See the Compiler's Notes], if the board determines that the services are necessary or desirable for the efficient administration of the board programs. All expenses and fees incidental to securing these services shall be charged to and paid from earnings derived from the trust funds; (6) Promote, advertise and publicize the program; (7) Solicit and accept monetary gifts, including monetary gifts made by will, trust or other disposition, grants, loans and other monetary aids from any personal source or to participate in any other way in any federal, state or local governmental programs in carrying out the purposes of this part; (8) Impose reasonable requirements on the eligibility of individuals to be designated as beneficiaries of tuition contracts, including, but not limited to, residency and age requirements; (9) Impose reasonable limits on the number of contract participants in the educational services program at any given period of time; (10) Impose and collect application fees and other administrative fees and charges in connection with any transaction under this part; (11) Impose limits on the number of tuition units that may be purchased on behalf of any beneficiary under the educational services plan; (12) Impose limits on the amount of contributions that may be made on behalf of any beneficiary under the educational investment plan or plans; (13) Impose restrictions on the substitution of another individual for the original beneficiary; (14) Define the terms and conditions under which payments may be withdrawn from the program and impose reasonable charges for withdrawal; (15) Impose reasonable time limits on the use of the tuition benefits provided by the program; (16) Promulgate reasonable substantive and procedural rules as are necessary to carry out the purpose and intent of this part and to ensure that the program is in compliance with the code and other applicable provisions of federal and state law. All such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; (17) Enter into agreements with any public or private employer under which an employee may agree to have a designated amount deducted in each payroll period from the wages or salary due the employee for the purpose of purchasing tuition units pursuant to a tuition contract or for the purpose of making contributions to a savings account established pursuant to a tuition contract. The agreement shall be subject to the approval of the board and in conformity with such terms and conditions as determined by the board. In the event the agreement is approved by the board, the employer shall be responsible for submitting to the board such information and causing to be performed in respect to its employees such duties as prescribed by the board in order to carry out the purchase of tuition units or the making of contributions by payroll deduction. All costs and expenses incidental to implementing and administering a payroll deduction program shall be borne by the respective employer; and (18) Operate and provide, itself or through its designees, for the operation of the educational investment plan or plans in a manner that qualifies the plan or plans under the code and takes any and all necessary action to maintain such qualification; provided, that the account owner's rights to fund the respective accounts shall not be limited or impaired. Amended by 2014 Tenn. Acts, ch. 910, Secs.s 9, s 10, s 11, s 12, s 13, s 14, s 15 eff. 5/13/2014. Amended by 2013 Tenn. Acts, ch. 389, s 2, eff. 5/14/2013. Acts 1996, ch. 991, § 1; 1998, ch. 644, § 4; 1999, ch. 233, §§ 10 - 13; 2007 , ch. 21, § 1; 2010 , ch. 884, § 1.
In addition to the powers granted by any other provisions of this part, the board shall have, as agents of this state, the powers necessary or convenient to carry out the purposes and provisions of this part, the purposes and objectives of the program and the powers delegated by any other law of this state including, but not limited to, the following express powers:
(1) Invest any funds of the trust fund in any instrument, obligation, security or property that constitutes legal investments for assets of the Tennessee consolidated retirement system as described in § 8-37-104 , and as may otherwise be provided herein or approved by the board;
(2) Purchase insurance from insurers licensed to do business in this state providing for coverage against any loss in connection with the program's property, assets or activities or to further ensure the value of tuition units and educational savings accounts;
(3) Make, execute and deliver contracts, conveyances and other instruments necessary to the exercise and discharge of the powers and duties of the board;
(4) Contract for the provision of all or any part of the services necessary for the management and operation of the program. The board may also contract with any other college savings program established pursuant to § 529 of the Internal Revenue Code ( 26 U.S.C. § 529 ), in order to provide similar benefits for Tennessee residents. The board may further establish, or contract for the establishment of, an incentive plan or plans to encourage Tennessee residents to participate in any such other college savings program or in any § 529 college savings program established by the state. The board may delegate to the state treasurer the authority to implement such incentives; such implementation shall include, but not be limited to determining the amount of the incentives not to exceed an amount approved by the board, the length of time the incentives shall be available and the method by which the incentives shall be provided. Through the board's delegation, the state treasurer may establish and administer a plan to implement the incentives which the state treasurer may change from time to time without additional board authorization. The incentive plan or plans may consist, in whole or in part, of rebates, grants, scholarships or tax incentives to individual savings accounts established by or on behalf of Tennessee residents in any such college savings program and tax incentives, including but not limited to, the income tax prescribed in § 67-2-102 ; the professional privilege tax prescribed in § 67-4-1702 ; the passenger motor vehicle registration renewal fee prescribed in title 55, chapter 4 or wheel tax prescribed in § 7-51-703 , for Tennessee residents who establish individual savings accounts in any such college savings program. The board may approve the expenditure of such funds, or funds using other services or programs deemed necessary or appropriate by the board to encourage college savings by Tennessee residents within its approved annual budget. The state treasurer is authorized, but not required, to use forms of electronic payment, including, but not limited to, prepaid debit cards to provide such incentives. Notwithstanding this subdivision (4) or any other law to the contrary, the availability of the amount of the incentive or the cost to cover any other services or programs authorized by this subdivision (4) if intended to be funded by state funds shall be subject to the appropriation of funds in the general appropriations act for the purposes set forth in this subdivision (4) or from any amount collected by the board under subdivision (7);
(5) Contract with financial consultants, actuaries, auditors, investment managers and other consultants and professionals as necessary to carry out its responsibilities under this part. These services may be procured in the manner prescribed by the board without regard to the requirements of former § 12-4-109 [See the Compiler's Notes], if the board determines that the services are necessary or desirable for the efficient administration of the board programs. All expenses and fees incidental to securing these services shall be charged to and paid from earnings derived from the trust funds;
(6) Promote, advertise and publicize the program;
(7) Solicit and accept monetary gifts, including monetary gifts made by will, trust or other disposition, grants, loans and other monetary aids from any personal source or to participate in any other way in any federal, state or local governmental programs in carrying out the purposes of this part;
(8) Impose reasonable requirements on the eligibility of individuals to be designated as beneficiaries of tuition contracts, including, but not limited to, residency and age requirements;
(9) Impose reasonable limits on the number of contract participants in the educational services program at any given period of time;
(10) Impose and collect application fees and other administrative fees and charges in connection with any transaction under this part;
(11) Impose limits on the number of tuition units that may be purchased on behalf of any beneficiary under the educational services plan;
(12) Impose limits on the amount of contributions that may be made on behalf of any beneficiary under the educational investment plan or plans;
(13) Impose restrictions on the substitution of another individual for the original beneficiary;
(14) Define the terms and conditions under which payments may be withdrawn from the program and impose reasonable charges for withdrawal;
(15) Impose reasonable time limits on the use of the tuition benefits provided by the program;
(16) Promulgate reasonable substantive and procedural rules as are necessary to carry out the purpose and intent of this part and to ensure that the program is in compliance with the code and other applicable provisions of federal and state law. All such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5;
(17) Enter into agreements with any public or private employer under which an employee may agree to have a designated amount deducted in each payroll period from the wages or salary due the employee for the purpose of purchasing tuition units pursuant to a tuition contract or for the purpose of making contributions to a savings account established pursuant to a tuition contract. The agreement shall be subject to the approval of the board and in conformity with such terms and conditions as determined by the board. In the event the agreement is approved by the board, the employer shall be responsible for submitting to the board such information and causing to be performed in respect to its employees such duties as prescribed by the board in order to carry out the purchase of tuition units or the making of contributions by payroll deduction. All costs and expenses incidental to implementing and administering a payroll deduction program shall be borne by the respective employer; and
(18) Operate and provide, itself or through its designees, for the operation of the educational investment plan or plans in a manner that qualifies the plan or plans under the code and takes any and all necessary action to maintain such qualification; provided, that the account owner's rights to fund the respective accounts shall not be limited or impaired.
Amended by 2014 Tenn. Acts, ch. 910, Secs.s 9, s 10, s 11, s 12, s 13, s 14, s 15 eff. 5/13/2014.
Amended by 2013 Tenn. Acts, ch. 389, s 2, eff. 5/14/2013.
Acts 1996, ch. 991, § 1; 1998, ch. 644, § 4; 1999, ch. 233, §§ 10 - 13; 2007 , ch. 21, § 1; 2010 , ch. 884, § 1.
Tenn. Code Ann. § 49-9-202 — TN Code / Title 49 / Chapter 9 / Section 49-9-202
Composition - Appointive members - Expenses
Status: in_force

(a) (1) As of July 1, 2018, the existing membership of the board of trustees of the University of Tennessee is vacated and reconstituted to consist of one (1) ex officio voting member, who shall be the commissioner of agriculture; ten (10) voting members appointed by the governor; and one (1) nonvoting student member appointed pursuant to subdivision (a)(3). (2) (A) The governor shall appoint at least two (2) residents of each grand division. For purposes of this subdivision (a)(2)(A), "resident" means a person whose legal domicile is in the grand division from which appointed. (B) At least five (5) of the members appointed by the governor must be alumni of the University of Tennessee. For purposes of this subdivision (a)(2)(B), "alumni" means a person who earned a degree at an institution of the University of Tennessee. In making appointments, the governor shall strive to ensure that the board includes alumni from different University of Tennessee institutions. (C) At least seven (7) of the members appointed by the governor must be residents of this state. For purposes of this subdivision (a)(2)(C), "resident" means a person whose legal domicile is the state of Tennessee. (D) In making appointments, the governor shall strive to ensure that the board of trustees is composed of members who are diverse in sex, race, perspective, experience, and honorable military service. (3) (A) One (1) member shall be a student at a University of Tennessee institution who shall be selected and appointed in a manner determined by the board of trustees. The student member shall be selected as soon as practicable for the initial appointment and, for all subsequent appointments, no later than May 31 of each year. (B) The student member position must rotate annually among the institutions of the University of Tennessee, according to the following sequence: University of Tennessee Health Science Center; University of Tennessee, Knoxville; University of Tennessee at Martin; University of Tennessee at Chattanooga; and University of Tennessee Southern. (C) Each student member shall serve a term of one (1) year, beginning July 1 of the year of appointment and ending the following June 30. Each student member must be enrolled full time at the University of Tennessee institution from which the student is appointed throughout the student member's term of appointment; provided, that a student member shall not be required to be enrolled during any summer semester, and a student member who graduates during the spring semester of the student member's term may serve out the remainder of the student member's term. (b) The following individuals are prohibited from serving as an appointed member of the board of trustees, or a committee of the board, for so long as they hold the office or position: (1) Employees of any public institution of higher education; except the student member appointed pursuant to this section and the faculty member appointed to a committee pursuant to § 49-9-206 ; (2) Elected officials; (3) State employees; and (4) Members of a governing body for any other public institution of higher education. (c) (1) (A) Except as otherwise provided in this subsection (c), the ten (10) members of the board of trustees appointed by the governor pursuant to subsection (a) must be confirmed by joint resolution of the senate and the house of representatives prior to beginning a term of office. (B) If either house fails to confirm the appointment of a board member by the governor within ninety (90) calendar days after the general assembly next convenes in regular session following such appointment, the appointment terminates on the day following the ninetieth calendar day. (2) If the general assembly is not in session when initial gubernatorial appointments are made, all such initial appointees shall serve the terms prescribed pursuant to § 49-9-203 , unless the appointments are not confirmed during the next regular session of the general assembly following the appointments in accordance with subdivision (c)(1). (3) If the general assembly is not in session at the time a member is appointed by the governor to fill a vacancy resulting from the expiration of a term, the member whose term has expired serves until a new appointee is confirmed in accordance with subdivision (c)(1). (4) If the general assembly is not in session at the time a member is appointed by the governor to fill a vacancy not resulting from the expiration of a term, the new appointee serves for the term appointed unless the appointment is not confirmed during the next regular session of the general assembly following the appointment in accordance with subdivision (c)(1). (5) All gubernatorial appointed members shall be subject to removal from the board of trustees by a two-thirds (2/3) majority vote of each house of the general assembly for misconduct, incapacity, or neglect of duty. Such removal shall be by passage of a joint resolution by the senate and the house of representatives. (d) Members of the board of trustees shall be reimbursed for travel expenses in accordance with the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter. (e) The reconstituted board of trustees shall assume responsibility beginning July 1, 2018. The reconstitution of the board of trustees has no effect on any action taken by the board of trustees prior to July 1, 2018, unless inconsistent with chapter 657 of the Public Acts of 2018. (f) The governor is authorized to call the initial meeting of the reconstituted board of trustees to occur on or after July 1, 2018. Amended by 2022 Tenn. Acts, ch. 648, s 2, eff. 3/15/2022. Amended by 2018 Tenn. Acts, ch. 841, s 3, eff. 4/26/2018. Amended by 2018 Tenn. Acts, ch. 657, s 3, eff. 4/6/2018. Amended by 2016 Tenn. Acts, ch. 869, s 31, eff. 7/1/2016. Code 1932, § 574; Acts 1953, ch. 12, § 1; 1959, ch. 40, § 1; 1967, ch. 179, § 10; 1969, ch. 300, §§ 1, 2; 1970, ch. 524, § 1; 1971, ch. 112, §§ 1, 2; 1974, ch. 574, §§ 1, 2; 1975, ch. 379, §§ 1, 2; 1976, ch. 806, § 1(71); 1982, ch. 651, § 1; T.C.A. (orig. ed.), § 49-3302; Acts 1986, ch. 506, §§ 1, 2; 1988, ch. 1013, § 21; 1990, ch. 770, § 1; 1994, ch. 731, § 4; 1994, ch. 831, § 1; 1995, ch. 437, §§ 1, 2; 2005, ch. 466, §§ 1 - 3.
(a) (1) As of July 1, 2018, the existing membership of the board of trustees of the University of Tennessee is vacated and reconstituted to consist of one (1) ex officio voting member, who shall be the commissioner of agriculture; ten (10) voting members appointed by the governor; and one (1) nonvoting student member appointed pursuant to subdivision (a)(3). (2) (A) The governor shall appoint at least two (2) residents of each grand division. For purposes of this subdivision (a)(2)(A), "resident" means a person whose legal domicile is in the grand division from which appointed. (B) At least five (5) of the members appointed by the governor must be alumni of the University of Tennessee. For purposes of this subdivision (a)(2)(B), "alumni" means a person who earned a degree at an institution of the University of Tennessee. In making appointments, the governor shall strive to ensure that the board includes alumni from different University of Tennessee institutions. (C) At least seven (7) of the members appointed by the governor must be residents of this state. For purposes of this subdivision (a)(2)(C), "resident" means a person whose legal domicile is the state of Tennessee. (D) In making appointments, the governor shall strive to ensure that the board of trustees is composed of members who are diverse in sex, race, perspective, experience, and honorable military service. (3) (A) One (1) member shall be a student at a University of Tennessee institution who shall be selected and appointed in a manner determined by the board of trustees. The student member shall be selected as soon as practicable for the initial appointment and, for all subsequent appointments, no later than May 31 of each year. (B) The student member position must rotate annually among the institutions of the University of Tennessee, according to the following sequence: University of Tennessee Health Science Center; University of Tennessee, Knoxville; University of Tennessee at Martin; University of Tennessee at Chattanooga; and University of Tennessee Southern. (C) Each student member shall serve a term of one (1) year, beginning July 1 of the year of appointment and ending the following June 30. Each student member must be enrolled full time at the University of Tennessee institution from which the student is appointed throughout the student member's term of appointment; provided, that a student member shall not be required to be enrolled during any summer semester, and a student member who graduates during the spring semester of the student member's term may serve out the remainder of the student member's term.
(1) As of July 1, 2018, the existing membership of the board of trustees of the University of Tennessee is vacated and reconstituted to consist of one (1) ex officio voting member, who shall be the commissioner of agriculture; ten (10) voting members appointed by the governor; and one (1) nonvoting student member appointed pursuant to subdivision (a)(3).
(2) (A) The governor shall appoint at least two (2) residents of each grand division. For purposes of this subdivision (a)(2)(A), "resident" means a person whose legal domicile is in the grand division from which appointed. (B) At least five (5) of the members appointed by the governor must be alumni of the University of Tennessee. For purposes of this subdivision (a)(2)(B), "alumni" means a person who earned a degree at an institution of the University of Tennessee. In making appointments, the governor shall strive to ensure that the board includes alumni from different University of Tennessee institutions. (C) At least seven (7) of the members appointed by the governor must be residents of this state. For purposes of this subdivision (a)(2)(C), "resident" means a person whose legal domicile is the state of Tennessee. (D) In making appointments, the governor shall strive to ensure that the board of trustees is composed of members who are diverse in sex, race, perspective, experience, and honorable military service.
(A) The governor shall appoint at least two (2) residents of each grand division. For purposes of this subdivision (a)(2)(A), "resident" means a person whose legal domicile is in the grand division from which appointed.
(B) At least five (5) of the members appointed by the governor must be alumni of the University of Tennessee. For purposes of this subdivision (a)(2)(B), "alumni" means a person who earned a degree at an institution of the University of Tennessee. In making appointments, the governor shall strive to ensure that the board includes alumni from different University of Tennessee institutions.
(C) At least seven (7) of the members appointed by the governor must be residents of this state. For purposes of this subdivision (a)(2)(C), "resident" means a person whose legal domicile is the state of Tennessee.
(D) In making appointments, the governor shall strive to ensure that the board of trustees is composed of members who are diverse in sex, race, perspective, experience, and honorable military service.
(3) (A) One (1) member shall be a student at a University of Tennessee institution who shall be selected and appointed in a manner determined by the board of trustees. The student member shall be selected as soon as practicable for the initial appointment and, for all subsequent appointments, no later than May 31 of each year. (B) The student member position must rotate annually among the institutions of the University of Tennessee, according to the following sequence: University of Tennessee Health Science Center; University of Tennessee, Knoxville; University of Tennessee at Martin; University of Tennessee at Chattanooga; and University of Tennessee Southern. (C) Each student member shall serve a term of one (1) year, beginning July 1 of the year of appointment and ending the following June 30. Each student member must be enrolled full time at the University of Tennessee institution from which the student is appointed throughout the student member's term of appointment; provided, that a student member shall not be required to be enrolled during any summer semester, and a student member who graduates during the spring semester of the student member's term may serve out the remainder of the student member's term.
(A) One (1) member shall be a student at a University of Tennessee institution who shall be selected and appointed in a manner determined by the board of trustees. The student member shall be selected as soon as practicable for the initial appointment and, for all subsequent appointments, no later than May 31 of each year.
(B) The student member position must rotate annually among the institutions of the University of Tennessee, according to the following sequence: University of Tennessee Health Science Center; University of Tennessee, Knoxville; University of Tennessee at Martin; University of Tennessee at Chattanooga; and University of Tennessee Southern.
(C) Each student member shall serve a term of one (1) year, beginning July 1 of the year of appointment and ending the following June 30. Each student member must be enrolled full time at the University of Tennessee institution from which the student is appointed throughout the student member's term of appointment; provided, that a student member shall not be required to be enrolled during any summer semester, and a student member who graduates during the spring semester of the student member's term may serve out the remainder of the student member's term.
(b) The following individuals are prohibited from serving as an appointed member of the board of trustees, or a committee of the board, for so long as they hold the office or position: (1) Employees of any public institution of higher education; except the student member appointed pursuant to this section and the faculty member appointed to a committee pursuant to § 49-9-206 ; (2) Elected officials; (3) State employees; and (4) Members of a governing body for any other public institution of higher education.
(1) Employees of any public institution of higher education; except the student member appointed pursuant to this section and the faculty member appointed to a committee pursuant to § 49-9-206 ;
(2) Elected officials;
(3) State employees; and
(4) Members of a governing body for any other public institution of higher education.
(c) (1) (A) Except as otherwise provided in this subsection (c), the ten (10) members of the board of trustees appointed by the governor pursuant to subsection (a) must be confirmed by joint resolution of the senate and the house of representatives prior to beginning a term of office. (B) If either house fails to confirm the appointment of a board member by the governor within ninety (90) calendar days after the general assembly next convenes in regular session following such appointment, the appointment terminates on the day following the ninetieth calendar day. (2) If the general assembly is not in session when initial gubernatorial appointments are made, all such initial appointees shall serve the terms prescribed pursuant to § 49-9-203 , unless the appointments are not confirmed during the next regular session of the general assembly following the appointments in accordance with subdivision (c)(1). (3) If the general assembly is not in session at the time a member is appointed by the governor to fill a vacancy resulting from the expiration of a term, the member whose term has expired serves until a new appointee is confirmed in accordance with subdivision (c)(1). (4) If the general assembly is not in session at the time a member is appointed by the governor to fill a vacancy not resulting from the expiration of a term, the new appointee serves for the term appointed unless the appointment is not confirmed during the next regular session of the general assembly following the appointment in accordance with subdivision (c)(1). (5) All gubernatorial appointed members shall be subject to removal from the board of trustees by a two-thirds (2/3) majority vote of each house of the general assembly for misconduct, incapacity, or neglect of duty. Such removal shall be by passage of a joint resolution by the senate and the house of representatives.
(1) (A) Except as otherwise provided in this subsection (c), the ten (10) members of the board of trustees appointed by the governor pursuant to subsection (a) must be confirmed by joint resolution of the senate and the house of representatives prior to beginning a term of office. (B) If either house fails to confirm the appointment of a board member by the governor within ninety (90) calendar days after the general assembly next convenes in regular session following such appointment, the appointment terminates on the day following the ninetieth calendar day.
(A) Except as otherwise provided in this subsection (c), the ten (10) members of the board of trustees appointed by the governor pursuant to subsection (a) must be confirmed by joint resolution of the senate and the house of representatives prior to beginning a term of office.
(B) If either house fails to confirm the appointment of a board member by the governor within ninety (90) calendar days after the general assembly next convenes in regular session following such appointment, the appointment terminates on the day following the ninetieth calendar day.
(2) If the general assembly is not in session when initial gubernatorial appointments are made, all such initial appointees shall serve the terms prescribed pursuant to § 49-9-203 , unless the appointments are not confirmed during the next regular session of the general assembly following the appointments in accordance with subdivision (c)(1).
(3) If the general assembly is not in session at the time a member is appointed by the governor to fill a vacancy resulting from the expiration of a term, the member whose term has expired serves until a new appointee is confirmed in accordance with subdivision (c)(1).
(4) If the general assembly is not in session at the time a member is appointed by the governor to fill a vacancy not resulting from the expiration of a term, the new appointee serves for the term appointed unless the appointment is not confirmed during the next regular session of the general assembly following the appointment in accordance with subdivision (c)(1).
(5) All gubernatorial appointed members shall be subject to removal from the board of trustees by a two-thirds (2/3) majority vote of each house of the general assembly for misconduct, incapacity, or neglect of duty. Such removal shall be by passage of a joint resolution by the senate and the house of representatives.
(d) Members of the board of trustees shall be reimbursed for travel expenses in accordance with the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter.
(e) The reconstituted board of trustees shall assume responsibility beginning July 1, 2018. The reconstitution of the board of trustees has no effect on any action taken by the board of trustees prior to July 1, 2018, unless inconsistent with chapter 657 of the Public Acts of 2018.
(f) The governor is authorized to call the initial meeting of the reconstituted board of trustees to occur on or after July 1, 2018.
Amended by 2022 Tenn. Acts, ch. 648, s 2, eff. 3/15/2022.
Amended by 2018 Tenn. Acts, ch. 841, s 3, eff. 4/26/2018.
Amended by 2018 Tenn. Acts, ch. 657, s 3, eff. 4/6/2018.
Amended by 2016 Tenn. Acts, ch. 869, s 31, eff. 7/1/2016.
Code 1932, § 574; Acts 1953, ch. 12, § 1; 1959, ch. 40, § 1; 1967, ch. 179, § 10; 1969, ch. 300, §§ 1, 2; 1970, ch. 524, § 1; 1971, ch. 112, §§ 1, 2; 1974, ch. 574, §§ 1, 2; 1975, ch. 379, §§ 1, 2; 1976, ch. 806, § 1(71); 1982, ch. 651, § 1; T.C.A. (orig. ed.), § 49-3302; Acts 1986, ch. 506, §§ 1, 2; 1988, ch. 1013, § 21; 1990, ch. 770, § 1; 1994, ch. 731, § 4; 1994, ch. 831, § 1; 1995, ch. 437, §§ 1, 2; 2005, ch. 466, §§ 1 - 3.
Tenn. Code Ann. § 49-9-109 — TN Code / Title 49 / Chapter 9 / Section 49-9-109
Monthly payment for dormitory and cafeteria services
Status: in_force

(a) (1) The board of trustees shall establish a program whereby each institution of higher education providing dormitory facilities and cafeteria services shall offer a room plan whereby students may pay for use of the facilities and services on a monthly basis. (2) Any increase in funds necessary to fund the administration of the program shall be charged as a special service charge to students participating in the program. (b) The board shall promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, that: (1) Require the room deposit of any student participating in the program to be retained until the end of the quarter, semester or session, as is appropriate; and (2) Deny readmittance to any student who participated in the program who left the institution without paying all charges pursuant to the program until all delinquent charges and interest on the charges are paid in full. Acts 1983, ch. 351, § 2; T.C.A., § 49-3381.
(a) (1) The board of trustees shall establish a program whereby each institution of higher education providing dormitory facilities and cafeteria services shall offer a room plan whereby students may pay for use of the facilities and services on a monthly basis. (2) Any increase in funds necessary to fund the administration of the program shall be charged as a special service charge to students participating in the program.
(1) The board of trustees shall establish a program whereby each institution of higher education providing dormitory facilities and cafeteria services shall offer a room plan whereby students may pay for use of the facilities and services on a monthly basis.
(2) Any increase in funds necessary to fund the administration of the program shall be charged as a special service charge to students participating in the program.
(b) The board shall promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, that: (1) Require the room deposit of any student participating in the program to be retained until the end of the quarter, semester or session, as is appropriate; and (2) Deny readmittance to any student who participated in the program who left the institution without paying all charges pursuant to the program until all delinquent charges and interest on the charges are paid in full.
(1) Require the room deposit of any student participating in the program to be retained until the end of the quarter, semester or session, as is appropriate; and
(2) Deny readmittance to any student who participated in the program who left the institution without paying all charges pursuant to the program until all delinquent charges and interest on the charges are paid in full.
Acts 1983, ch. 351, § 2; T.C.A., § 49-3381.
Tenn. Code Ann. § 49-6-811 — TN Code / Title 49 / Chapter 6 / Section 49-6-811
Grant funding
Status: in_force

An LEA may seek grant funding from the school safety center and use funds received pursuant to the Tennessee investment in student achievement formula (TISA) to assist with compliance with this part according to § 49-6-4302 . Amended by 2022 Tenn. Acts, ch. 966, s 52, eff. 7/1/2023. Acts 2007 , ch. 548, § 12.
An LEA may seek grant funding from the school safety center and use funds received pursuant to the Tennessee investment in student achievement formula (TISA) to assist with compliance with this part according to § 49-6-4302 .
Amended by 2022 Tenn. Acts, ch. 966, s 52, eff. 7/1/2023.
Acts 2007 , ch. 548, § 12.
Tenn. Code Ann. § 49-13-113 — TN Code / Title 49 / Chapter 13 / Section 49-13-113
Enrollment
Status: in_force

(a) Participation in a public charter school shall be based on parental choice or the choice of the legal guardian or custodian. (b) A charter school authorized by the commission is open to students residing within the geographic boundaries of the LEA in which the charter school is located. (c) (1) If a public charter school's authorizer has a policy allowing out-of-district enrollment, then the public charter school may enroll students residing outside the geographic boundaries of the LEA in which the public charter school is located if capacity is available after all eligible in-district students have been enrolled. A public charter school's total enrollment of out-of-district students shall not exceed twenty-five percent (25%) of the public charter school's total enrollment. (2) State school funds must follow a student into the LEA in which the public charter school is located and to which the student transfers. (3) Tuition may be charged by the LEA in which the public charter school is located and to which a student transfers, as provided in § 49-6-3003 . (4) If a public charter school's authorizer has a policy that prohibits out-of-district enrollment, then the public charter school may request to adopt an out-of-district enrollment policy through the waiver process outlined in § 49-13-111 ; provided, however, that the waiver request may only be submitted to the public charter school's authorizer for approval. (d) (1) A public charter school shall enroll an eligible pupil who submits a timely application, unless the number of applications exceeds the capacity of a program, class, grade level, or building. (2) An enrollment preference shall be provided to students that attended the charter school during the previous school year. (3) If the number of applications exceeds the capacity of a program, class, grade level, or building, the charter school shall select students through a lottery. The enrollment preference for returning students provided in subdivision (d)(2) shall exclude those students from entering into a lottery. (4) If an enrollment lottery is conducted, a public charter school shall give enrollment preferences in the following order: (A) Students enrolled in a pre-K program operated by the charter school sponsor; (B) Students who are economically disadvantaged as provided in subdivision (d)(5), if the enrollment preference is used by the public charter school; (C) Students enrolled in a charter school that has an articulation agreement with the enrolling public charter school; provided, that the articulation agreement has been approved by the authorizer; (D) Siblings of students already enrolled in the public charter school; (E) Students residing within the geographic boundaries of the LEA in which the public charter school is located who were enrolled in another public school during the previous school year; and (F) Students residing outside the geographic boundaries of the LEA in which the public charter school is located. (5) A public charter school may give an enrollment preference to students who are economically disadvantaged, as defined in § 49-3-104 . A public charter school may request information to verify that a student is economically disadvantaged on the application submitted pursuant to subdivision (d)(1) for purposes of an enrollment lottery, but shall not require it. Only students who legally qualify may be given an enrollment preference pursuant to this subdivision (d)(5). (6) A public charter school may give an enrollment preference to children of the public charter school's employees or to the children of a member of the public charter school's governing body, not to exceed ten percent (10%) of the public charter school's total enrollment or twenty-five (25) students, whichever is less. (7) (A) A charter school shall provide to the department of education certification by an independent accounting firm or by a law firm that each lottery conducted for enrollment purposes complied with the requirements of this section. In lieu of such certification, a charter school may request that the department of education review and approve the lottery process. (B) The charter school shall comply with the Family Educational Rights and Privacy Act ( 20 U.S.C. § 1232g ), with respect to the publication of any students' names before, during, or after the enrollment and lottery process. (8) The state board of education is authorized to promulgate rules concerning lottery enrollment. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (e) Public charter schools authorized by the achievement school district (ASD) shall conduct an initial student application period of at least thirty (30) days. During this period, all students zoned to attend or currently enrolled in a school that is eligible to be placed in the ASD may enroll. If, at the end of the initial student enrollment period, the number of eligible students seeking to enroll does not exceed the public charter school's capacity or the capacity of a program, class, grade level, or building, then the public charter school may enroll additional students residing within the geographic boundaries of the LEA in which the public charter school is located; provided, however, that a public charter school's total enrollment of such students shall not exceed twenty-five percent (25%) of the public charter school's total enrollment. (f) (1) (A) An opportunity public charter school must enroll an at-risk student who submits a timely application, unless the number of applications exceeds the capacity of a program, class, grade level, or building. (B) Notwithstanding § 49-13-106(f)(3) , § 49-13-106(k) , subdivision (f)(1)(A), or another law to the contrary, an opportunity public charter school that provides a residential program shall not enroll a student who is in the custody of the department of children's services in the opportunity public charter school's residential program. This subdivision (f)(1)(B) does not prohibit: (i) An opportunity public charter school that does not provide a residential program from enrolling a student who is in the custody of the department of children's services; or (ii) An opportunity public charter school that provides a residential program from enrolling or re-enrolling a student who is in the custody of the department of children's services in the opportunity public charter school's residential program if the student was enrolled in the opportunity public charter school's residential program at the time the student was placed in the custody of the department of children's services. (2) Students who attended the opportunity public charter school during the previous year may re-enroll in the opportunity public charter school for the upcoming year and are not subject to an enrollment lottery. (3) If the number of applications exceeds the capacity of a program, class, grade level, or building, then the opportunity public charter school must select students through an enrollment lottery. Returning students who re-enroll in the opportunity public charter school pursuant to subdivision (f)(2) are excluded from entering into an enrollment lottery. Students who are at-risk students, as defined in § 49-13-104 , must be given an enrollment preference. Amended by 2024 Tenn. Acts, ch. 1066,s 9, eff. 7/1/2024, app. to opportunity public charter schools applying to open in the 2026- 2027 school year or in a subsequent school year. Amended by 2023 Tenn. Acts, ch. 206, s 5, eff. 4/24/2023. Amended by 2023 Tenn. Acts, ch. 206, s 4, eff. 4/24/2023. Amended by 2023 Tenn. Acts, ch. 206, s 3, eff. 4/24/2023. Amended by 2019 Tenn. Acts, ch. 219, Secs.s 47, s 48, s 49, s 50, s 51, s 52, s 53, s 54, s 55eff. 4/26/2019. Amended by 2017 Tenn. Acts, ch. 307, s 14, eff. 7/1/2017. Amended by 2014 Tenn. Acts, ch. 850, s 12, eff. 4/30/2014. Amended by 2013 Tenn. Acts, ch. 326, s 11, eff. 7/1/2013. Acts 2002, ch. 850, §13; 2009 , ch. 555, § 21; 2011 , ch. 466, § 13; 2012 , ch. 1021, §§ 10, 11.
(a) Participation in a public charter school shall be based on parental choice or the choice of the legal guardian or custodian.
(b) A charter school authorized by the commission is open to students residing within the geographic boundaries of the LEA in which the charter school is located.
(c) (1) If a public charter school's authorizer has a policy allowing out-of-district enrollment, then the public charter school may enroll students residing outside the geographic boundaries of the LEA in which the public charter school is located if capacity is available after all eligible in-district students have been enrolled. A public charter school's total enrollment of out-of-district students shall not exceed twenty-five percent (25%) of the public charter school's total enrollment. (2) State school funds must follow a student into the LEA in which the public charter school is located and to which the student transfers. (3) Tuition may be charged by the LEA in which the public charter school is located and to which a student transfers, as provided in § 49-6-3003 . (4) If a public charter school's authorizer has a policy that prohibits out-of-district enrollment, then the public charter school may request to adopt an out-of-district enrollment policy through the waiver process outlined in § 49-13-111 ; provided, however, that the waiver request may only be submitted to the public charter school's authorizer for approval.
(1) If a public charter school's authorizer has a policy allowing out-of-district enrollment, then the public charter school may enroll students residing outside the geographic boundaries of the LEA in which the public charter school is located if capacity is available after all eligible in-district students have been enrolled. A public charter school's total enrollment of out-of-district students shall not exceed twenty-five percent (25%) of the public charter school's total enrollment.
(2) State school funds must follow a student into the LEA in which the public charter school is located and to which the student transfers.
(3) Tuition may be charged by the LEA in which the public charter school is located and to which a student transfers, as provided in § 49-6-3003 .
(4) If a public charter school's authorizer has a policy that prohibits out-of-district enrollment, then the public charter school may request to adopt an out-of-district enrollment policy through the waiver process outlined in § 49-13-111 ; provided, however, that the waiver request may only be submitted to the public charter school's authorizer for approval.
(d) (1) A public charter school shall enroll an eligible pupil who submits a timely application, unless the number of applications exceeds the capacity of a program, class, grade level, or building. (2) An enrollment preference shall be provided to students that attended the charter school during the previous school year. (3) If the number of applications exceeds the capacity of a program, class, grade level, or building, the charter school shall select students through a lottery. The enrollment preference for returning students provided in subdivision (d)(2) shall exclude those students from entering into a lottery. (4) If an enrollment lottery is conducted, a public charter school shall give enrollment preferences in the following order: (A) Students enrolled in a pre-K program operated by the charter school sponsor; (B) Students who are economically disadvantaged as provided in subdivision (d)(5), if the enrollment preference is used by the public charter school; (C) Students enrolled in a charter school that has an articulation agreement with the enrolling public charter school; provided, that the articulation agreement has been approved by the authorizer; (D) Siblings of students already enrolled in the public charter school; (E) Students residing within the geographic boundaries of the LEA in which the public charter school is located who were enrolled in another public school during the previous school year; and (F) Students residing outside the geographic boundaries of the LEA in which the public charter school is located. (5) A public charter school may give an enrollment preference to students who are economically disadvantaged, as defined in § 49-3-104 . A public charter school may request information to verify that a student is economically disadvantaged on the application submitted pursuant to subdivision (d)(1) for purposes of an enrollment lottery, but shall not require it. Only students who legally qualify may be given an enrollment preference pursuant to this subdivision (d)(5). (6) A public charter school may give an enrollment preference to children of the public charter school's employees or to the children of a member of the public charter school's governing body, not to exceed ten percent (10%) of the public charter school's total enrollment or twenty-five (25) students, whichever is less. (7) (A) A charter school shall provide to the department of education certification by an independent accounting firm or by a law firm that each lottery conducted for enrollment purposes complied with the requirements of this section. In lieu of such certification, a charter school may request that the department of education review and approve the lottery process. (B) The charter school shall comply with the Family Educational Rights and Privacy Act ( 20 U.S.C. § 1232g ), with respect to the publication of any students' names before, during, or after the enrollment and lottery process. (8) The state board of education is authorized to promulgate rules concerning lottery enrollment. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(1) A public charter school shall enroll an eligible pupil who submits a timely application, unless the number of applications exceeds the capacity of a program, class, grade level, or building.
(2) An enrollment preference shall be provided to students that attended the charter school during the previous school year.
(3) If the number of applications exceeds the capacity of a program, class, grade level, or building, the charter school shall select students through a lottery. The enrollment preference for returning students provided in subdivision (d)(2) shall exclude those students from entering into a lottery.
(4) If an enrollment lottery is conducted, a public charter school shall give enrollment preferences in the following order: (A) Students enrolled in a pre-K program operated by the charter school sponsor; (B) Students who are economically disadvantaged as provided in subdivision (d)(5), if the enrollment preference is used by the public charter school; (C) Students enrolled in a charter school that has an articulation agreement with the enrolling public charter school; provided, that the articulation agreement has been approved by the authorizer; (D) Siblings of students already enrolled in the public charter school; (E) Students residing within the geographic boundaries of the LEA in which the public charter school is located who were enrolled in another public school during the previous school year; and (F) Students residing outside the geographic boundaries of the LEA in which the public charter school is located.
(A) Students enrolled in a pre-K program operated by the charter school sponsor;
(B) Students who are economically disadvantaged as provided in subdivision (d)(5), if the enrollment preference is used by the public charter school;
(C) Students enrolled in a charter school that has an articulation agreement with the enrolling public charter school; provided, that the articulation agreement has been approved by the authorizer;
(D) Siblings of students already enrolled in the public charter school;
(E) Students residing within the geographic boundaries of the LEA in which the public charter school is located who were enrolled in another public school during the previous school year; and
(F) Students residing outside the geographic boundaries of the LEA in which the public charter school is located.
(5) A public charter school may give an enrollment preference to students who are economically disadvantaged, as defined in § 49-3-104 . A public charter school may request information to verify that a student is economically disadvantaged on the application submitted pursuant to subdivision (d)(1) for purposes of an enrollment lottery, but shall not require it. Only students who legally qualify may be given an enrollment preference pursuant to this subdivision (d)(5).
(6) A public charter school may give an enrollment preference to children of the public charter school's employees or to the children of a member of the public charter school's governing body, not to exceed ten percent (10%) of the public charter school's total enrollment or twenty-five (25) students, whichever is less.
(7) (A) A charter school shall provide to the department of education certification by an independent accounting firm or by a law firm that each lottery conducted for enrollment purposes complied with the requirements of this section. In lieu of such certification, a charter school may request that the department of education review and approve the lottery process. (B) The charter school shall comply with the Family Educational Rights and Privacy Act ( 20 U.S.C. § 1232g ), with respect to the publication of any students' names before, during, or after the enrollment and lottery process.
(A) A charter school shall provide to the department of education certification by an independent accounting firm or by a law firm that each lottery conducted for enrollment purposes complied with the requirements of this section. In lieu of such certification, a charter school may request that the department of education review and approve the lottery process.
(B) The charter school shall comply with the Family Educational Rights and Privacy Act ( 20 U.S.C. § 1232g ), with respect to the publication of any students' names before, during, or after the enrollment and lottery process.
(8) The state board of education is authorized to promulgate rules concerning lottery enrollment. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(e) Public charter schools authorized by the achievement school district (ASD) shall conduct an initial student application period of at least thirty (30) days. During this period, all students zoned to attend or currently enrolled in a school that is eligible to be placed in the ASD may enroll. If, at the end of the initial student enrollment period, the number of eligible students seeking to enroll does not exceed the public charter school's capacity or the capacity of a program, class, grade level, or building, then the public charter school may enroll additional students residing within the geographic boundaries of the LEA in which the public charter school is located; provided, however, that a public charter school's total enrollment of such students shall not exceed twenty-five percent (25%) of the public charter school's total enrollment.
(f) (1) (A) An opportunity public charter school must enroll an at-risk student who submits a timely application, unless the number of applications exceeds the capacity of a program, class, grade level, or building. (B) Notwithstanding § 49-13-106(f)(3) , § 49-13-106(k) , subdivision (f)(1)(A), or another law to the contrary, an opportunity public charter school that provides a residential program shall not enroll a student who is in the custody of the department of children's services in the opportunity public charter school's residential program. This subdivision (f)(1)(B) does not prohibit: (i) An opportunity public charter school that does not provide a residential program from enrolling a student who is in the custody of the department of children's services; or (ii) An opportunity public charter school that provides a residential program from enrolling or re-enrolling a student who is in the custody of the department of children's services in the opportunity public charter school's residential program if the student was enrolled in the opportunity public charter school's residential program at the time the student was placed in the custody of the department of children's services. (2) Students who attended the opportunity public charter school during the previous year may re-enroll in the opportunity public charter school for the upcoming year and are not subject to an enrollment lottery. (3) If the number of applications exceeds the capacity of a program, class, grade level, or building, then the opportunity public charter school must select students through an enrollment lottery. Returning students who re-enroll in the opportunity public charter school pursuant to subdivision (f)(2) are excluded from entering into an enrollment lottery. Students who are at-risk students, as defined in § 49-13-104 , must be given an enrollment preference.
(1) (A) An opportunity public charter school must enroll an at-risk student who submits a timely application, unless the number of applications exceeds the capacity of a program, class, grade level, or building. (B) Notwithstanding § 49-13-106(f)(3) , § 49-13-106(k) , subdivision (f)(1)(A), or another law to the contrary, an opportunity public charter school that provides a residential program shall not enroll a student who is in the custody of the department of children's services in the opportunity public charter school's residential program. This subdivision (f)(1)(B) does not prohibit: (i) An opportunity public charter school that does not provide a residential program from enrolling a student who is in the custody of the department of children's services; or (ii) An opportunity public charter school that provides a residential program from enrolling or re-enrolling a student who is in the custody of the department of children's services in the opportunity public charter school's residential program if the student was enrolled in the opportunity public charter school's residential program at the time the student was placed in the custody of the department of children's services.
(A) An opportunity public charter school must enroll an at-risk student who submits a timely application, unless the number of applications exceeds the capacity of a program, class, grade level, or building.
(B) Notwithstanding § 49-13-106(f)(3) , § 49-13-106(k) , subdivision (f)(1)(A), or another law to the contrary, an opportunity public charter school that provides a residential program shall not enroll a student who is in the custody of the department of children's services in the opportunity public charter school's residential program. This subdivision (f)(1)(B) does not prohibit: (i) An opportunity public charter school that does not provide a residential program from enrolling a student who is in the custody of the department of children's services; or (ii) An opportunity public charter school that provides a residential program from enrolling or re-enrolling a student who is in the custody of the department of children's services in the opportunity public charter school's residential program if the student was enrolled in the opportunity public charter school's residential program at the time the student was placed in the custody of the department of children's services.
(i) An opportunity public charter school that does not provide a residential program from enrolling a student who is in the custody of the department of children's services; or
(ii) An opportunity public charter school that provides a residential program from enrolling or re-enrolling a student who is in the custody of the department of children's services in the opportunity public charter school's residential program if the student was enrolled in the opportunity public charter school's residential program at the time the student was placed in the custody of the department of children's services.
(2) Students who attended the opportunity public charter school during the previous year may re-enroll in the opportunity public charter school for the upcoming year and are not subject to an enrollment lottery.
(3) If the number of applications exceeds the capacity of a program, class, grade level, or building, then the opportunity public charter school must select students through an enrollment lottery. Returning students who re-enroll in the opportunity public charter school pursuant to subdivision (f)(2) are excluded from entering into an enrollment lottery. Students who are at-risk students, as defined in § 49-13-104 , must be given an enrollment preference.
Amended by 2024 Tenn. Acts, ch. 1066,s 9, eff. 7/1/2024, app. to opportunity public charter schools applying to open in the 2026- 2027 school year or in a subsequent school year.
Amended by 2023 Tenn. Acts, ch. 206, s 5, eff. 4/24/2023.
Amended by 2023 Tenn. Acts, ch. 206, s 4, eff. 4/24/2023.
Amended by 2023 Tenn. Acts, ch. 206, s 3, eff. 4/24/2023.
Amended by 2019 Tenn. Acts, ch. 219, Secs.s 47, s 48, s 49, s 50, s 51, s 52, s 53, s 54, s 55eff. 4/26/2019.
Amended by 2017 Tenn. Acts, ch. 307, s 14, eff. 7/1/2017.
Amended by 2014 Tenn. Acts, ch. 850, s 12, eff. 4/30/2014.
Amended by 2013 Tenn. Acts, ch. 326, s 11, eff. 7/1/2013.
Acts 2002, ch. 850, §13; 2009 , ch. 555, § 21; 2011 , ch. 466, § 13; 2012 , ch. 1021, §§ 10, 11.
Tenn. Code Ann. § 49-7-803 — TN Code / Title 49 / Chapter 7 / Section 49-7-803
Purpose
Status: in_force

The Constitution of Tennessee, Article XI, § 12 manifests the intention of the citizens of this state that the advancement and improvement of higher education in this state is an essential governmental function and purpose of this state. Therefore, the general assembly finds that the creation of a trust program, as an agency and instrumentality of the state, to assist students or their families in financing a portion of the costs of attending colleges and universities will increase the number of students who will seek to attend a college or university, and will, therefore, advance and improve higher education in this state. It is, therefore, the legislative intent of this part to establish an educational trust program as an agency and instrumentality of the state to assist families in saving and investing for the qualified higher education expenses of attending an eligible educational institution, and thereby to encourage such students to attend such institutions. In establishing the program, it is further the intent of the general assembly to encourage timely financial planning for higher education by the creation of tuition contracts and the creation of educational investment plan accounts, and to provide assistance and incentives for college savings for the benefit of the children of the people of the state. It is the legislative intent that the program be funded from fees assessed in accordance with § 49-7-805(10) . Amended by 2014 Tenn. Acts, ch. 910, s 7, eff. 5/13/2014. Acts 1995, ch. 388, § 1; 1996, ch. 991, § 1; 1999, ch. 233, § 7.
The Constitution of Tennessee, Article XI, § 12 manifests the intention of the citizens of this state that the advancement and improvement of higher education in this state is an essential governmental function and purpose of this state. Therefore, the general assembly finds that the creation of a trust program, as an agency and instrumentality of the state, to assist students or their families in financing a portion of the costs of attending colleges and universities will increase the number of students who will seek to attend a college or university, and will, therefore, advance and improve higher education in this state. It is, therefore, the legislative intent of this part to establish an educational trust program as an agency and instrumentality of the state to assist families in saving and investing for the qualified higher education expenses of attending an eligible educational institution, and thereby to encourage such students to attend such institutions. In establishing the program, it is further the intent of the general assembly to encourage timely financial planning for higher education by the creation of tuition contracts and the creation of educational investment plan accounts, and to provide assistance and incentives for college savings for the benefit of the children of the people of the state. It is the legislative intent that the program be funded from fees assessed in accordance with § 49-7-805(10) .
Amended by 2014 Tenn. Acts, ch. 910, s 7, eff. 5/13/2014.
Acts 1995, ch. 388, § 1; 1996, ch. 991, § 1; 1999, ch. 233, § 7.
Tenn. Code Ann. § 49-1-1103 — TN Code / Title 49 / Chapter 1 / Section 49-1-1103
Basis for approval - Regulations - Certificate application - Temporary certificate - Nontransferability of certificate - Transfer of operation to circumvent approval laws or regulations - Issuance of extended certificate
Status: in_force

(a) (1) All persons or entities operating a child care program must be certified by the department of education as provided by this part. (2) (A) The state board of education has authority to issue regulations pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the issuance of certificates of approval of any persons or entities subject to this part and enforcement of appropriate standards for the health, safety and welfare of children in their care. (B) To the extent not inconsistent with this part, the regulations of the department that are in effect on July 1, 2000, shall remain in force and effect until modified by regulatory action of the department. (3) The state board of education's regulations of child care programs shall be developed and the continued approval of the certification status of a child care program shall be based upon the following criteria: (A) The safety, welfare and best interests of the children in the care of the program; (B) The capability, training and character of the persons providing or supervising the care to the children; (C) The quality of the methods of care and instruction provided for the children; (D) The suitability of the facilities provided for the care of the children; and (E) The adequacy of the methods of administration and the management of the child care program, the program's personnel policies and the financing of the program. (b) (1) The department shall assist applicants or certificate holders in meeting the child care standards of the department, unless the circumstances demonstrate that further assistance is not compatible with the continued safety, health or welfare of the child in the program's care and that disapproval of the program's certificate is warranted. (2) If a certificate holder is denied the renewal of a certificate or if the certificate is revoked, or if any applicant for a certificate cannot meet the standards, then the department shall offer reasonable assistance to the parents, guardians or custodians of the child in the planning for the placement of the child in other child care programs, in licensed child care agencies or in other suitable care. (c) Application for a certificate to operate a child care program shall be made in writing to the department in the manner that the department determines. (d) (1) If the department determines that the applicant has presented satisfactory evidence that the facility that is proposed for the care of children has received fire safety and environmental safety approval, that the applicant and the personnel who will care for the children are capable in all substantial respects to care for the children and that the applicant has the ability and intent to comply with the certificate of approval law and regulations, the department shall issue a temporary certificate of approval to the applicant. (2) (A) The purpose of the temporary certificate is to permit the certificate applicant to demonstrate to the department that it has complied with all approval laws and regulations applicable to its classification prior to issuance of an initial annual certificate of approval. (B) If the department determines that the conditions of the applicant's facility, its methods of care or other circumstances warrant, it may issue a restricted certificate that limits the program's authority in one (1) or more areas of operation. (C) Within ninety (90) days of the issuance of the temporary certificate, the department shall determine if the applicant has complied with all regulations governing the classification of the child care program for which the application was made. (3) The department may extend the temporary certificate for a period of forty-five (45) days if the department determines that the applicant has clearly demonstrated that it intends to, and will be able to, achieve compliance with all approval laws and regulations within the forty-five-day extension period and if the safety and welfare of the children in care of the applicant are not compromised by the extension. (4) (A) (i) If the department determines that the applicant for any certificate of approval has complied with all licensing regulations for the classification of child care program for which application was made, the department shall issue an annual certificate of approval. (ii) If the department determines that the conditions of the applicant's facility, its methods of care or other circumstances warrant, it may issue a restricted certificate that limits the agency's authority in one (1) or more areas of operation. (B) The certificate holder shall post the certificate in a clearly visible location as determined by the department so the parents or other persons visiting the program can readily view the certificate and all of the information on the certificate. (C) (i) The certificate shall describe the ownership or controlling entity of the child care program, the person who is charged with the day-to-day management of the child care program, and, if the program is owned by a person other than the director or if the program is under the ownership, direction or control of any person or entity who is not also the on-site director or manager of the program, the certificate shall also state the corporate or other name of the controlling person or entity, its address and telephone number where the parents, guardians or custodians may have contact regarding the program's operations. (ii) If the child care program is operated by a public school or a private nonprofit entity and is subject to the control or direction of a school board, or board of directors or other oversight authority, the certificate shall list the name, address and telephone number of the administrative officer in charge of the program or the administrative officer's designee or, if the child care program is not operated by a school system, the chair of the board or other chief executive officer of such controlling body. (5) In granting any certificate, the department may limit the total number of children who may be enrolled in the program, regardless of the program's physical capacity or the size of its staff. (6) If the department fails to issue or deny an annual certificate or extend the temporary certificate within ninety (90) days of the granting of the temporary certificate, the temporary certificate shall continue in effect, unless suspended, as provided in § 49-1-1107 , until such determination is made. If an annual certificate of approval is denied following the issuance of a temporary certificate of approval, and if a timely appeal is made of the denial of the annual certificate of approval, the temporary certificate of approval shall remain in effect, unless suspended, until the advisory council renders a decision regarding the denial of the annual certificate of approval. (7) If a temporary certificate is denied, or if an annual certificate is denied or restricted, the applicant may appeal the denial or restriction as provided in § 49-1-1107 . (e) (1) Except as provided in this subsection (e), no certificate for a child care program shall be transferable, and the transfer by sale or lease, or in any other manner, of the operation of the program to any other person or entity shall void the existing certificate immediately and any pending appeal involving the status of the certificate and the program shall be required to close immediately. If the transferee has made application for and is granted a temporary certificate, the program may continue operation under the direction of the new certificate holder. The new certificate holder in such circumstances may not be the transferor or any person or entity acting on behalf of the transferor. (2) If the department determines that any person or entity has transferred nominal control of a program to any persons or entities who are determined by the department to be acting on behalf of the purported transferor in order to circumvent a history of violations of the certificate law or regulations or to otherwise attempt to circumvent the certificate law or regulations or any prior certificate actions instituted by the department, the department may deny the issuance of any certificate to the applicant. The denial of the certificate may be appealed as provided in § 49-1-1107 . (3) (A) The certificate of any program shall not be voided nor shall any pending appeal be voided pursuant to this subsection (e) solely for the reason that the program is subject to judicial orders directing the transfer of control or management of a child care program or its certificate to any receiver, trustee, administrator or executor of an estate, or any similarly situated person or entity. (B) If the current certificate holder dies, and provided that no certificate violations require the suspension, denial or revocation of the agency's certificate, the department may grant family members of the certificate holder, or administrators or executors of the certificate holder, a temporary certificate to continue operation for a period of ninety (90) days. At the end of such period, the department shall determine whether an annual or extended certificate should be granted to a new certificate holder as otherwise provided in this section. (C) Nothing in this subsection (e) shall be construed to prevent the department from taking any regulatory or judicial action as may be required pursuant to the certificate laws and regulations that may be necessary to protect the children in the care of such program. (f) (1) Following the expiration of at least one (1) annual certificate, the department may issue an extended certificate to a certificate holder who seeks renewal of an existing certificate, if the department determines that the certificate holder has demonstrated that its methods of child care and its adherence to laws and regulations governing certificates for child care programs are clearly appropriate to justify an extended certificate period. An extended certificate of approval may not be granted as the first certificate immediately following any temporary certificate of approval. (2) The department may by rule establish any criteria for the issuance of an extended certificate; provided, that no extended certificate shall exceed three (3) years' duration. (3) At the time renewal of the certificate is sought, or at any other time during the certificate period, the department may reduce the period of the extended certificate to a shorter period if it determines that the certificate holder has failed to demonstrate continued adherence to the requirements for the issuance of the extended certificate. The certificate holder may appeal such action as provided in § 49-1-1107 . (4) The issuance of an extended certificate shall not be construed in any manner to prevent the department from suspending or revoking the certificate, or placing a child care program on probation, if it determines that such action is appropriate. Acts 2000, ch. 981, § 43.
(a) (1) All persons or entities operating a child care program must be certified by the department of education as provided by this part. (2) (A) The state board of education has authority to issue regulations pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the issuance of certificates of approval of any persons or entities subject to this part and enforcement of appropriate standards for the health, safety and welfare of children in their care. (B) To the extent not inconsistent with this part, the regulations of the department that are in effect on July 1, 2000, shall remain in force and effect until modified by regulatory action of the department. (3) The state board of education's regulations of child care programs shall be developed and the continued approval of the certification status of a child care program shall be based upon the following criteria: (A) The safety, welfare and best interests of the children in the care of the program; (B) The capability, training and character of the persons providing or supervising the care to the children; (C) The quality of the methods of care and instruction provided for the children; (D) The suitability of the facilities provided for the care of the children; and (E) The adequacy of the methods of administration and the management of the child care program, the program's personnel policies and the financing of the program.
(1) All persons or entities operating a child care program must be certified by the department of education as provided by this part.
(2) (A) The state board of education has authority to issue regulations pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the issuance of certificates of approval of any persons or entities subject to this part and enforcement of appropriate standards for the health, safety and welfare of children in their care. (B) To the extent not inconsistent with this part, the regulations of the department that are in effect on July 1, 2000, shall remain in force and effect until modified by regulatory action of the department.
(A) The state board of education has authority to issue regulations pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the issuance of certificates of approval of any persons or entities subject to this part and enforcement of appropriate standards for the health, safety and welfare of children in their care.
(B) To the extent not inconsistent with this part, the regulations of the department that are in effect on July 1, 2000, shall remain in force and effect until modified by regulatory action of the department.
(3) The state board of education's regulations of child care programs shall be developed and the continued approval of the certification status of a child care program shall be based upon the following criteria: (A) The safety, welfare and best interests of the children in the care of the program; (B) The capability, training and character of the persons providing or supervising the care to the children; (C) The quality of the methods of care and instruction provided for the children; (D) The suitability of the facilities provided for the care of the children; and (E) The adequacy of the methods of administration and the management of the child care program, the program's personnel policies and the financing of the program.
(A) The safety, welfare and best interests of the children in the care of the program;
(B) The capability, training and character of the persons providing or supervising the care to the children;
(C) The quality of the methods of care and instruction provided for the children;
(D) The suitability of the facilities provided for the care of the children; and
(E) The adequacy of the methods of administration and the management of the child care program, the program's personnel policies and the financing of the program.
(b) (1) The department shall assist applicants or certificate holders in meeting the child care standards of the department, unless the circumstances demonstrate that further assistance is not compatible with the continued safety, health or welfare of the child in the program's care and that disapproval of the program's certificate is warranted. (2) If a certificate holder is denied the renewal of a certificate or if the certificate is revoked, or if any applicant for a certificate cannot meet the standards, then the department shall offer reasonable assistance to the parents, guardians or custodians of the child in the planning for the placement of the child in other child care programs, in licensed child care agencies or in other suitable care.
(1) The department shall assist applicants or certificate holders in meeting the child care standards of the department, unless the circumstances demonstrate that further assistance is not compatible with the continued safety, health or welfare of the child in the program's care and that disapproval of the program's certificate is warranted.
(2) If a certificate holder is denied the renewal of a certificate or if the certificate is revoked, or if any applicant for a certificate cannot meet the standards, then the department shall offer reasonable assistance to the parents, guardians or custodians of the child in the planning for the placement of the child in other child care programs, in licensed child care agencies or in other suitable care.
(c) Application for a certificate to operate a child care program shall be made in writing to the department in the manner that the department determines.
(d) (1) If the department determines that the applicant has presented satisfactory evidence that the facility that is proposed for the care of children has received fire safety and environmental safety approval, that the applicant and the personnel who will care for the children are capable in all substantial respects to care for the children and that the applicant has the ability and intent to comply with the certificate of approval law and regulations, the department shall issue a temporary certificate of approval to the applicant. (2) (A) The purpose of the temporary certificate is to permit the certificate applicant to demonstrate to the department that it has complied with all approval laws and regulations applicable to its classification prior to issuance of an initial annual certificate of approval. (B) If the department determines that the conditions of the applicant's facility, its methods of care or other circumstances warrant, it may issue a restricted certificate that limits the program's authority in one (1) or more areas of operation. (C) Within ninety (90) days of the issuance of the temporary certificate, the department shall determine if the applicant has complied with all regulations governing the classification of the child care program for which the application was made. (3) The department may extend the temporary certificate for a period of forty-five (45) days if the department determines that the applicant has clearly demonstrated that it intends to, and will be able to, achieve compliance with all approval laws and regulations within the forty-five-day extension period and if the safety and welfare of the children in care of the applicant are not compromised by the extension. (4) (A) (i) If the department determines that the applicant for any certificate of approval has complied with all licensing regulations for the classification of child care program for which application was made, the department shall issue an annual certificate of approval. (ii) If the department determines that the conditions of the applicant's facility, its methods of care or other circumstances warrant, it may issue a restricted certificate that limits the agency's authority in one (1) or more areas of operation. (B) The certificate holder shall post the certificate in a clearly visible location as determined by the department so the parents or other persons visiting the program can readily view the certificate and all of the information on the certificate. (C) (i) The certificate shall describe the ownership or controlling entity of the child care program, the person who is charged with the day-to-day management of the child care program, and, if the program is owned by a person other than the director or if the program is under the ownership, direction or control of any person or entity who is not also the on-site director or manager of the program, the certificate shall also state the corporate or other name of the controlling person or entity, its address and telephone number where the parents, guardians or custodians may have contact regarding the program's operations. (ii) If the child care program is operated by a public school or a private nonprofit entity and is subject to the control or direction of a school board, or board of directors or other oversight authority, the certificate shall list the name, address and telephone number of the administrative officer in charge of the program or the administrative officer's designee or, if the child care program is not operated by a school system, the chair of the board or other chief executive officer of such controlling body. (5) In granting any certificate, the department may limit the total number of children who may be enrolled in the program, regardless of the program's physical capacity or the size of its staff. (6) If the department fails to issue or deny an annual certificate or extend the temporary certificate within ninety (90) days of the granting of the temporary certificate, the temporary certificate shall continue in effect, unless suspended, as provided in § 49-1-1107 , until such determination is made. If an annual certificate of approval is denied following the issuance of a temporary certificate of approval, and if a timely appeal is made of the denial of the annual certificate of approval, the temporary certificate of approval shall remain in effect, unless suspended, until the advisory council renders a decision regarding the denial of the annual certificate of approval. (7) If a temporary certificate is denied, or if an annual certificate is denied or restricted, the applicant may appeal the denial or restriction as provided in § 49-1-1107 .
(1) If the department determines that the applicant has presented satisfactory evidence that the facility that is proposed for the care of children has received fire safety and environmental safety approval, that the applicant and the personnel who will care for the children are capable in all substantial respects to care for the children and that the applicant has the ability and intent to comply with the certificate of approval law and regulations, the department shall issue a temporary certificate of approval to the applicant.
(2) (A) The purpose of the temporary certificate is to permit the certificate applicant to demonstrate to the department that it has complied with all approval laws and regulations applicable to its classification prior to issuance of an initial annual certificate of approval. (B) If the department determines that the conditions of the applicant's facility, its methods of care or other circumstances warrant, it may issue a restricted certificate that limits the program's authority in one (1) or more areas of operation. (C) Within ninety (90) days of the issuance of the temporary certificate, the department shall determine if the applicant has complied with all regulations governing the classification of the child care program for which the application was made.
(A) The purpose of the temporary certificate is to permit the certificate applicant to demonstrate to the department that it has complied with all approval laws and regulations applicable to its classification prior to issuance of an initial annual certificate of approval.
(B) If the department determines that the conditions of the applicant's facility, its methods of care or other circumstances warrant, it may issue a restricted certificate that limits the program's authority in one (1) or more areas of operation.
(C) Within ninety (90) days of the issuance of the temporary certificate, the department shall determine if the applicant has complied with all regulations governing the classification of the child care program for which the application was made.
(3) The department may extend the temporary certificate for a period of forty-five (45) days if the department determines that the applicant has clearly demonstrated that it intends to, and will be able to, achieve compliance with all approval laws and regulations within the forty-five-day extension period and if the safety and welfare of the children in care of the applicant are not compromised by the extension.
(4) (A) (i) If the department determines that the applicant for any certificate of approval has complied with all licensing regulations for the classification of child care program for which application was made, the department shall issue an annual certificate of approval. (ii) If the department determines that the conditions of the applicant's facility, its methods of care or other circumstances warrant, it may issue a restricted certificate that limits the agency's authority in one (1) or more areas of operation. (B) The certificate holder shall post the certificate in a clearly visible location as determined by the department so the parents or other persons visiting the program can readily view the certificate and all of the information on the certificate. (C) (i) The certificate shall describe the ownership or controlling entity of the child care program, the person who is charged with the day-to-day management of the child care program, and, if the program is owned by a person other than the director or if the program is under the ownership, direction or control of any person or entity who is not also the on-site director or manager of the program, the certificate shall also state the corporate or other name of the controlling person or entity, its address and telephone number where the parents, guardians or custodians may have contact regarding the program's operations. (ii) If the child care program is operated by a public school or a private nonprofit entity and is subject to the control or direction of a school board, or board of directors or other oversight authority, the certificate shall list the name, address and telephone number of the administrative officer in charge of the program or the administrative officer's designee or, if the child care program is not operated by a school system, the chair of the board or other chief executive officer of such controlling body.
(A) (i) If the department determines that the applicant for any certificate of approval has complied with all licensing regulations for the classification of child care program for which application was made, the department shall issue an annual certificate of approval. (ii) If the department determines that the conditions of the applicant's facility, its methods of care or other circumstances warrant, it may issue a restricted certificate that limits the agency's authority in one (1) or more areas of operation.
(i) If the department determines that the applicant for any certificate of approval has complied with all licensing regulations for the classification of child care program for which application was made, the department shall issue an annual certificate of approval.
(ii) If the department determines that the conditions of the applicant's facility, its methods of care or other circumstances warrant, it may issue a restricted certificate that limits the agency's authority in one (1) or more areas of operation.
(B) The certificate holder shall post the certificate in a clearly visible location as determined by the department so the parents or other persons visiting the program can readily view the certificate and all of the information on the certificate.
(C) (i) The certificate shall describe the ownership or controlling entity of the child care program, the person who is charged with the day-to-day management of the child care program, and, if the program is owned by a person other than the director or if the program is under the ownership, direction or control of any person or entity who is not also the on-site director or manager of the program, the certificate shall also state the corporate or other name of the controlling person or entity, its address and telephone number where the parents, guardians or custodians may have contact regarding the program's operations. (ii) If the child care program is operated by a public school or a private nonprofit entity and is subject to the control or direction of a school board, or board of directors or other oversight authority, the certificate shall list the name, address and telephone number of the administrative officer in charge of the program or the administrative officer's designee or, if the child care program is not operated by a school system, the chair of the board or other chief executive officer of such controlling body.
(i) The certificate shall describe the ownership or controlling entity of the child care program, the person who is charged with the day-to-day management of the child care program, and, if the program is owned by a person other than the director or if the program is under the ownership, direction or control of any person or entity who is not also the on-site director or manager of the program, the certificate shall also state the corporate or other name of the controlling person or entity, its address and telephone number where the parents, guardians or custodians may have contact regarding the program's operations.
(ii) If the child care program is operated by a public school or a private nonprofit entity and is subject to the control or direction of a school board, or board of directors or other oversight authority, the certificate shall list the name, address and telephone number of the administrative officer in charge of the program or the administrative officer's designee or, if the child care program is not operated by a school system, the chair of the board or other chief executive officer of such controlling body.
(5) In granting any certificate, the department may limit the total number of children who may be enrolled in the program, regardless of the program's physical capacity or the size of its staff.
(6) If the department fails to issue or deny an annual certificate or extend the temporary certificate within ninety (90) days of the granting of the temporary certificate, the temporary certificate shall continue in effect, unless suspended, as provided in § 49-1-1107 , until such determination is made. If an annual certificate of approval is denied following the issuance of a temporary certificate of approval, and if a timely appeal is made of the denial of the annual certificate of approval, the temporary certificate of approval shall remain in effect, unless suspended, until the advisory council renders a decision regarding the denial of the annual certificate of approval.
(7) If a temporary certificate is denied, or if an annual certificate is denied or restricted, the applicant may appeal the denial or restriction as provided in § 49-1-1107 .
(e) (1) Except as provided in this subsection (e), no certificate for a child care program shall be transferable, and the transfer by sale or lease, or in any other manner, of the operation of the program to any other person or entity shall void the existing certificate immediately and any pending appeal involving the status of the certificate and the program shall be required to close immediately. If the transferee has made application for and is granted a temporary certificate, the program may continue operation under the direction of the new certificate holder. The new certificate holder in such circumstances may not be the transferor or any person or entity acting on behalf of the transferor. (2) If the department determines that any person or entity has transferred nominal control of a program to any persons or entities who are determined by the department to be acting on behalf of the purported transferor in order to circumvent a history of violations of the certificate law or regulations or to otherwise attempt to circumvent the certificate law or regulations or any prior certificate actions instituted by the department, the department may deny the issuance of any certificate to the applicant. The denial of the certificate may be appealed as provided in § 49-1-1107 . (3) (A) The certificate of any program shall not be voided nor shall any pending appeal be voided pursuant to this subsection (e) solely for the reason that the program is subject to judicial orders directing the transfer of control or management of a child care program or its certificate to any receiver, trustee, administrator or executor of an estate, or any similarly situated person or entity. (B) If the current certificate holder dies, and provided that no certificate violations require the suspension, denial or revocation of the agency's certificate, the department may grant family members of the certificate holder, or administrators or executors of the certificate holder, a temporary certificate to continue operation for a period of ninety (90) days. At the end of such period, the department shall determine whether an annual or extended certificate should be granted to a new certificate holder as otherwise provided in this section. (C) Nothing in this subsection (e) shall be construed to prevent the department from taking any regulatory or judicial action as may be required pursuant to the certificate laws and regulations that may be necessary to protect the children in the care of such program.
(1) Except as provided in this subsection (e), no certificate for a child care program shall be transferable, and the transfer by sale or lease, or in any other manner, of the operation of the program to any other person or entity shall void the existing certificate immediately and any pending appeal involving the status of the certificate and the program shall be required to close immediately. If the transferee has made application for and is granted a temporary certificate, the program may continue operation under the direction of the new certificate holder. The new certificate holder in such circumstances may not be the transferor or any person or entity acting on behalf of the transferor.
(2) If the department determines that any person or entity has transferred nominal control of a program to any persons or entities who are determined by the department to be acting on behalf of the purported transferor in order to circumvent a history of violations of the certificate law or regulations or to otherwise attempt to circumvent the certificate law or regulations or any prior certificate actions instituted by the department, the department may deny the issuance of any certificate to the applicant. The denial of the certificate may be appealed as provided in § 49-1-1107 .
(3) (A) The certificate of any program shall not be voided nor shall any pending appeal be voided pursuant to this subsection (e) solely for the reason that the program is subject to judicial orders directing the transfer of control or management of a child care program or its certificate to any receiver, trustee, administrator or executor of an estate, or any similarly situated person or entity. (B) If the current certificate holder dies, and provided that no certificate violations require the suspension, denial or revocation of the agency's certificate, the department may grant family members of the certificate holder, or administrators or executors of the certificate holder, a temporary certificate to continue operation for a period of ninety (90) days. At the end of such period, the department shall determine whether an annual or extended certificate should be granted to a new certificate holder as otherwise provided in this section. (C) Nothing in this subsection (e) shall be construed to prevent the department from taking any regulatory or judicial action as may be required pursuant to the certificate laws and regulations that may be necessary to protect the children in the care of such program.
(A) The certificate of any program shall not be voided nor shall any pending appeal be voided pursuant to this subsection (e) solely for the reason that the program is subject to judicial orders directing the transfer of control or management of a child care program or its certificate to any receiver, trustee, administrator or executor of an estate, or any similarly situated person or entity.
(B) If the current certificate holder dies, and provided that no certificate violations require the suspension, denial or revocation of the agency's certificate, the department may grant family members of the certificate holder, or administrators or executors of the certificate holder, a temporary certificate to continue operation for a period of ninety (90) days. At the end of such period, the department shall determine whether an annual or extended certificate should be granted to a new certificate holder as otherwise provided in this section.
(C) Nothing in this subsection (e) shall be construed to prevent the department from taking any regulatory or judicial action as may be required pursuant to the certificate laws and regulations that may be necessary to protect the children in the care of such program.
(f) (1) Following the expiration of at least one (1) annual certificate, the department may issue an extended certificate to a certificate holder who seeks renewal of an existing certificate, if the department determines that the certificate holder has demonstrated that its methods of child care and its adherence to laws and regulations governing certificates for child care programs are clearly appropriate to justify an extended certificate period. An extended certificate of approval may not be granted as the first certificate immediately following any temporary certificate of approval. (2) The department may by rule establish any criteria for the issuance of an extended certificate; provided, that no extended certificate shall exceed three (3) years' duration. (3) At the time renewal of the certificate is sought, or at any other time during the certificate period, the department may reduce the period of the extended certificate to a shorter period if it determines that the certificate holder has failed to demonstrate continued adherence to the requirements for the issuance of the extended certificate. The certificate holder may appeal such action as provided in § 49-1-1107 . (4) The issuance of an extended certificate shall not be construed in any manner to prevent the department from suspending or revoking the certificate, or placing a child care program on probation, if it determines that such action is appropriate.
(1) Following the expiration of at least one (1) annual certificate, the department may issue an extended certificate to a certificate holder who seeks renewal of an existing certificate, if the department determines that the certificate holder has demonstrated that its methods of child care and its adherence to laws and regulations governing certificates for child care programs are clearly appropriate to justify an extended certificate period. An extended certificate of approval may not be granted as the first certificate immediately following any temporary certificate of approval.
(2) The department may by rule establish any criteria for the issuance of an extended certificate; provided, that no extended certificate shall exceed three (3) years' duration.
(3) At the time renewal of the certificate is sought, or at any other time during the certificate period, the department may reduce the period of the extended certificate to a shorter period if it determines that the certificate holder has failed to demonstrate continued adherence to the requirements for the issuance of the extended certificate. The certificate holder may appeal such action as provided in § 49-1-1107 .
(4) The issuance of an extended certificate shall not be construed in any manner to prevent the department from suspending or revoking the certificate, or placing a child care program on probation, if it determines that such action is appropriate.
Acts 2000, ch. 981, § 43.
Tenn. Code Ann. § 49-3-370 — TN Code / Title 49 / Chapter 3 / Section 49-3-370
Funding of educational services to children in residential mental health facilities
Status: in_force

(a) An LEA shall allocate funding in an amount equal to the per pupil state and local funds received by the LEA to a state-licensed residential mental health facility on a prorated daily basis for the student's length of stay if: (1) The residential mental health facility operates as a Category I special purpose school pursuant to the state board of education's rules and provides a minimum of sixteen and one-half (161/2) hours per week of educational instructional services to the students, unless the student's IEP provides otherwise; (2) The student admitted to the residential mental health facility is enrolled in a public school in this state at the time of admission to the facility, and the student's parents or legal guardians are residents of this state; and (3) The student is admitted to the residential mental health facility under a signed, written order of a qualified physician licensed to practice medicine in this state, the order being based upon medical necessity. An LEA may require a physician attestation form including the patient's name, the dates of admission, and the signature of the physician to be submitted to the LEA prior to disbursement of funds to the facility. (b) An LEA shall allocate funding in an amount equal to the per pupil state and local funds received by the LEA to an out-of-state residential mental health facility on a prorated daily basis for the student's length of stay if: (1) There are no facilities in this state with the capacity to deliver the appropriate mental health treatment to the student at the time the student is admitted to the out-of-state residential mental health facility; (2) The residential mental health facility operates in a state that borders this state; (3) [Deleted by 2024 amendment.] (4) The department of education determines, prior to the medical placement decision, that the residential mental health facility's educational programs or instructional services meet the same requirements as a Category I special purpose school, as applicable, pursuant to the state board of education's rules; (5) The residential mental health facility provides a minimum of sixteen and one-half (161/2) hours per week of educational instructional services to admitted students, unless the student's IEP provides otherwise; (6) The residential mental health facility complies with all applicable health and safety laws, regulations, and codes of the state and locality in which it is located; (7) All teachers at the residential mental health facility are licensed by the educator licensing authority of the state in which the facility is located; (8) The residential mental health facility has at least one (1) teacher with an endorsement in special education or a certification that the department of education determines to be equivalent to an endorsement in special education in this state, to provide special education and related services to admitted students; (9) The residential mental health facility has a sufficient number of teachers with an endorsement in special education or a certification that the department of education determines to be equivalent to an endorsement in special education in this state, to comply with each student's IEP; (10) The residential mental health facility reports the attendance of each admitted student to the public school in which the student is enrolled; (11) The residential mental health facility follows the admitted student's IEP as written at the time of the medical placement decision, and as subsequently amended by the student's IEP team during the student's stay at the facility; (12) The student admitted to the residential mental health facility was enrolled in and attended a public school in this state immediately preceding the student's admission to the facility, and the student's parents or legal guardians are residents of this state at the time of the student's admission to the facility; and (13) The student is admitted to the residential mental health facility under a signed, written order of a qualified physician licensed to practice medicine, the order being based upon both medical necessity and the most appropriate medical services for the child. An LEA may require a physician attestation form including the patient's name, the dates of admission, and the signature of the physician to be submitted to the LEA prior to disbursement of funds to the facility. (c) If an LEA allocates funds to an out-of-state residential mental health facility pursuant to this section, then the LEA and the department of education are authorized to monitor the out-of-state residential mental health facility for compliance with this section, an individual student's IEP, and all other applicable state and federal laws. (d) If the out-of-state residential mental health facility fails to comply with the requirements of subsection (b), then the LEA shall cease the allocation of funding as provided in this section. (e) The state board of education shall promulgate rules to establish procedures for approving educational programs or instructional services provided by out-of-state residential mental health facilities and for the allocation of funds to out-of-state residential mental health facilities for purposes of this section. The rules must be promulgated according to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (f) The funding specified in subsections (a) and (b) is in addition to funds allocated pursuant to federal law and regulation, including, but not limited to, Title I and ESEA funds. (g) This part must not be used or construed to circumvent the requirements of the Individuals with Disabilities Education Act ( 20 U.S.C. § 1400 et seq.). Amended by 2024 Tenn. Acts, ch. 884,s 2, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 884,s 1, eff. 7/1/2024. Amended by 2021 Tenn. Acts, ch. 589, s 1, eff. 5/27/2021. Acts 2011 , ch. 426, § 1; 2012, ch. 1099, §§ 1 - 4.
(a) An LEA shall allocate funding in an amount equal to the per pupil state and local funds received by the LEA to a state-licensed residential mental health facility on a prorated daily basis for the student's length of stay if: (1) The residential mental health facility operates as a Category I special purpose school pursuant to the state board of education's rules and provides a minimum of sixteen and one-half (161/2) hours per week of educational instructional services to the students, unless the student's IEP provides otherwise; (2) The student admitted to the residential mental health facility is enrolled in a public school in this state at the time of admission to the facility, and the student's parents or legal guardians are residents of this state; and (3) The student is admitted to the residential mental health facility under a signed, written order of a qualified physician licensed to practice medicine in this state, the order being based upon medical necessity. An LEA may require a physician attestation form including the patient's name, the dates of admission, and the signature of the physician to be submitted to the LEA prior to disbursement of funds to the facility.
(1) The residential mental health facility operates as a Category I special purpose school pursuant to the state board of education's rules and provides a minimum of sixteen and one-half (161/2) hours per week of educational instructional services to the students, unless the student's IEP provides otherwise;
(2) The student admitted to the residential mental health facility is enrolled in a public school in this state at the time of admission to the facility, and the student's parents or legal guardians are residents of this state; and
(3) The student is admitted to the residential mental health facility under a signed, written order of a qualified physician licensed to practice medicine in this state, the order being based upon medical necessity. An LEA may require a physician attestation form including the patient's name, the dates of admission, and the signature of the physician to be submitted to the LEA prior to disbursement of funds to the facility.
(b) An LEA shall allocate funding in an amount equal to the per pupil state and local funds received by the LEA to an out-of-state residential mental health facility on a prorated daily basis for the student's length of stay if: (1) There are no facilities in this state with the capacity to deliver the appropriate mental health treatment to the student at the time the student is admitted to the out-of-state residential mental health facility; (2) The residential mental health facility operates in a state that borders this state; (3) [Deleted by 2024 amendment.] (4) The department of education determines, prior to the medical placement decision, that the residential mental health facility's educational programs or instructional services meet the same requirements as a Category I special purpose school, as applicable, pursuant to the state board of education's rules; (5) The residential mental health facility provides a minimum of sixteen and one-half (161/2) hours per week of educational instructional services to admitted students, unless the student's IEP provides otherwise; (6) The residential mental health facility complies with all applicable health and safety laws, regulations, and codes of the state and locality in which it is located; (7) All teachers at the residential mental health facility are licensed by the educator licensing authority of the state in which the facility is located; (8) The residential mental health facility has at least one (1) teacher with an endorsement in special education or a certification that the department of education determines to be equivalent to an endorsement in special education in this state, to provide special education and related services to admitted students; (9) The residential mental health facility has a sufficient number of teachers with an endorsement in special education or a certification that the department of education determines to be equivalent to an endorsement in special education in this state, to comply with each student's IEP; (10) The residential mental health facility reports the attendance of each admitted student to the public school in which the student is enrolled; (11) The residential mental health facility follows the admitted student's IEP as written at the time of the medical placement decision, and as subsequently amended by the student's IEP team during the student's stay at the facility; (12) The student admitted to the residential mental health facility was enrolled in and attended a public school in this state immediately preceding the student's admission to the facility, and the student's parents or legal guardians are residents of this state at the time of the student's admission to the facility; and (13) The student is admitted to the residential mental health facility under a signed, written order of a qualified physician licensed to practice medicine, the order being based upon both medical necessity and the most appropriate medical services for the child. An LEA may require a physician attestation form including the patient's name, the dates of admission, and the signature of the physician to be submitted to the LEA prior to disbursement of funds to the facility.
(1) There are no facilities in this state with the capacity to deliver the appropriate mental health treatment to the student at the time the student is admitted to the out-of-state residential mental health facility;
(2) The residential mental health facility operates in a state that borders this state;
(3) [Deleted by 2024 amendment.]
(4) The department of education determines, prior to the medical placement decision, that the residential mental health facility's educational programs or instructional services meet the same requirements as a Category I special purpose school, as applicable, pursuant to the state board of education's rules;
(5) The residential mental health facility provides a minimum of sixteen and one-half (161/2) hours per week of educational instructional services to admitted students, unless the student's IEP provides otherwise;
(6) The residential mental health facility complies with all applicable health and safety laws, regulations, and codes of the state and locality in which it is located;
(7) All teachers at the residential mental health facility are licensed by the educator licensing authority of the state in which the facility is located;
(8) The residential mental health facility has at least one (1) teacher with an endorsement in special education or a certification that the department of education determines to be equivalent to an endorsement in special education in this state, to provide special education and related services to admitted students;
(9) The residential mental health facility has a sufficient number of teachers with an endorsement in special education or a certification that the department of education determines to be equivalent to an endorsement in special education in this state, to comply with each student's IEP;
(10) The residential mental health facility reports the attendance of each admitted student to the public school in which the student is enrolled;
(11) The residential mental health facility follows the admitted student's IEP as written at the time of the medical placement decision, and as subsequently amended by the student's IEP team during the student's stay at the facility;
(12) The student admitted to the residential mental health facility was enrolled in and attended a public school in this state immediately preceding the student's admission to the facility, and the student's parents or legal guardians are residents of this state at the time of the student's admission to the facility; and
(13) The student is admitted to the residential mental health facility under a signed, written order of a qualified physician licensed to practice medicine, the order being based upon both medical necessity and the most appropriate medical services for the child. An LEA may require a physician attestation form including the patient's name, the dates of admission, and the signature of the physician to be submitted to the LEA prior to disbursement of funds to the facility.
(c) If an LEA allocates funds to an out-of-state residential mental health facility pursuant to this section, then the LEA and the department of education are authorized to monitor the out-of-state residential mental health facility for compliance with this section, an individual student's IEP, and all other applicable state and federal laws.
(d) If the out-of-state residential mental health facility fails to comply with the requirements of subsection (b), then the LEA shall cease the allocation of funding as provided in this section.
(e) The state board of education shall promulgate rules to establish procedures for approving educational programs or instructional services provided by out-of-state residential mental health facilities and for the allocation of funds to out-of-state residential mental health facilities for purposes of this section. The rules must be promulgated according to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(f) The funding specified in subsections (a) and (b) is in addition to funds allocated pursuant to federal law and regulation, including, but not limited to, Title I and ESEA funds.
(g) This part must not be used or construed to circumvent the requirements of the Individuals with Disabilities Education Act ( 20 U.S.C. § 1400 et seq.).
Amended by 2024 Tenn. Acts, ch. 884,s 2, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 884,s 1, eff. 7/1/2024.
Amended by 2021 Tenn. Acts, ch. 589, s 1, eff. 5/27/2021.
Acts 2011 , ch. 426, § 1; 2012, ch. 1099, §§ 1 - 4.
Tenn. Code Ann. § 49-5-203 — TN Code / Title 49 / Chapter 5 / Section 49-5-203
Change in school organization - Teacher's rights preserved
Status: repealed

(a) The change in the governmental structure of a school system or institution through the process of annexation, unification, consolidation, abolition, reorganization, transfer of the control and operation of a school system or institution to a different type governmental structure, organization or administration, or creation of a city school system shall not impair, interrupt or diminish the rights and privileges of a then existing teacher; and such rights and privileges shall continue without impairment, interruption or diminution. (b) If the teacher becomes the employee of another school system or institution as a result of a change in the governmental structure, then the rights and privileges of the teacher shall continue without impairment, interruption or diminution as obligations of the new government, organization or administration. (c) "Rights and privileges," as used in this section, includes, but is not limited to, salary, pension or retirement benefits, sick leave accumulation, tenure status and contract rights, whether granted by statute, private act or governmental charter. (d) Prior to the change in any governmental structure or organization becoming effective, the commissioner of education shall determine that the rights and privileges protected by this section are not impaired, interrupted or diminished. In addition to the remedies available to a teacher aggrieved by a change in the governmental structure, organization or administration of a school system or institution, the commissioner is authorized to withhold state funds in the enforcement of this section. Amended by 2013 Tenn. Acts, ch. 256,s 4, eff. 4/24/2013. Acts 1971, ch. 254, § 1; T.C.A., § 49-1316.
(a) The change in the governmental structure of a school system or institution through the process of annexation, unification, consolidation, abolition, reorganization, transfer of the control and operation of a school system or institution to a different type governmental structure, organization or administration, or creation of a city school system shall not impair, interrupt or diminish the rights and privileges of a then existing teacher; and such rights and privileges shall continue without impairment, interruption or diminution.
(b) If the teacher becomes the employee of another school system or institution as a result of a change in the governmental structure, then the rights and privileges of the teacher shall continue without impairment, interruption or diminution as obligations of the new government, organization or administration.
(c) "Rights and privileges," as used in this section, includes, but is not limited to, salary, pension or retirement benefits, sick leave accumulation, tenure status and contract rights, whether granted by statute, private act or governmental charter.
(d) Prior to the change in any governmental structure or organization becoming effective, the commissioner of education shall determine that the rights and privileges protected by this section are not impaired, interrupted or diminished. In addition to the remedies available to a teacher aggrieved by a change in the governmental structure, organization or administration of a school system or institution, the commissioner is authorized to withhold state funds in the enforcement of this section.
Amended by 2013 Tenn. Acts, ch. 256,s 4, eff. 4/24/2013.
Acts 1971, ch. 254, § 1; T.C.A., § 49-1316.
Tenn. Code Ann. § 49-13-109 — TN Code / Title 49 / Chapter 13 / Section 49-13-109
Parent representative on governing body - Advisory school council
Status: in_force

(a) (1) The membership of a governing body shall include at least one (1) parent representative whose child is currently enrolled in a charter school operated by the governing body. The parent representative shall be appointed by the governing body within six (6) months of the school's opening date. A charter management organization may satisfy this requirement by establishing an advisory school council at each school that it operates. An advisory school council shall consist of no fewer than five (5) members and shall include the principal, at least one (1) parent and at least one (1) teacher representative. (2) Notwithstanding subdivision (a)(1): (A) The membership of a governing body for an opportunity public charter school may, but is not required to, include a parent representative; and (B) An advisory school council established by a charter management organization for an opportunity public charter school may, but is not required to, include a parent member. (b) An authorizer shall not serve as the governing body of a public charter school. Amended by 2024 Tenn. Acts, ch. 1066,s 8, eff. 7/1/2024, app. to opportunity public charter schools applying to open in the 2026- 2027 school year or in a subsequent school year. Amended by 2019 Tenn. Acts, ch. 219, s 25, eff. 4/26/2019. Added by 2013 Tenn. Acts, ch. 351, s 3, eff. 7/1/2013. Added by 2013 Tenn. Acts, ch. 326, s 6, eff. 7/1/2013.
(a) (1) The membership of a governing body shall include at least one (1) parent representative whose child is currently enrolled in a charter school operated by the governing body. The parent representative shall be appointed by the governing body within six (6) months of the school's opening date. A charter management organization may satisfy this requirement by establishing an advisory school council at each school that it operates. An advisory school council shall consist of no fewer than five (5) members and shall include the principal, at least one (1) parent and at least one (1) teacher representative. (2) Notwithstanding subdivision (a)(1): (A) The membership of a governing body for an opportunity public charter school may, but is not required to, include a parent representative; and (B) An advisory school council established by a charter management organization for an opportunity public charter school may, but is not required to, include a parent member.
(1) The membership of a governing body shall include at least one (1) parent representative whose child is currently enrolled in a charter school operated by the governing body. The parent representative shall be appointed by the governing body within six (6) months of the school's opening date. A charter management organization may satisfy this requirement by establishing an advisory school council at each school that it operates. An advisory school council shall consist of no fewer than five (5) members and shall include the principal, at least one (1) parent and at least one (1) teacher representative.
(2) Notwithstanding subdivision (a)(1): (A) The membership of a governing body for an opportunity public charter school may, but is not required to, include a parent representative; and (B) An advisory school council established by a charter management organization for an opportunity public charter school may, but is not required to, include a parent member.
(A) The membership of a governing body for an opportunity public charter school may, but is not required to, include a parent representative; and
(B) An advisory school council established by a charter management organization for an opportunity public charter school may, but is not required to, include a parent member.
(b) An authorizer shall not serve as the governing body of a public charter school.
Amended by 2024 Tenn. Acts, ch. 1066,s 8, eff. 7/1/2024, app. to opportunity public charter schools applying to open in the 2026- 2027 school year or in a subsequent school year.
Amended by 2019 Tenn. Acts, ch. 219, s 25, eff. 4/26/2019.
Added by 2013 Tenn. Acts, ch. 351, s 3, eff. 7/1/2013.
Added by 2013 Tenn. Acts, ch. 326, s 6, eff. 7/1/2013.
Tenn. Code Ann. § 49-10-109 — TN Code / Title 49 / Chapter 10 / Section 49-10-109
Withholding of TISA funding for special education
Status: in_force

(a) (1) If an LEA is found by the commissioner of education to have failed to provide a FAPE to all children with disabilities who by law are entitled to receive a FAPE from the LEA, then the commissioner may withhold all or any portion of the Tennessee investment in student achievement formula (TISA) funding for the LEA as, in the commissioner's judgment, is warranted. (2) The denial of TISA funding under subdivision (a)(1) may continue until the failure to provide the required special education or related services is remedied. (3) Whether or not the commissioner elects to withhold TISA funding pursuant to subdivision (a)(1), the commissioner shall ensure the provision of a FAPE, and may do so by providing the education directly. (b) The commissioner shall not take action pursuant to subsection (a) until after providing a public hearing with due notice and preserved on a record that establishes the failure of the LEA to provide special education or related services of an adequate quantity and quality. (c) Any costs incurred by the department in administering this section are direct charges against the LEA and must be paid by the LEA. If an LEA fails to make timely payment, then the department may make the payment and obtain reimbursement from the LEA through the appropriate judicial proceedings. (d) (1) When the commissioner is providing special education or related services pursuant to this section, it is the commissioner's purpose to assist the LEA in assuming or reassuming the LEA's full responsibilities for providing education for children with disabilities. (2) No TISA funding for special education shall be given to an LEA during, or for, any period for which the LEA's provision of special education is being administered directly by the commissioner on behalf of the LEA pursuant to this section. (3) The commissioner shall return responsibility for providing a FAPE to the LEA as soon as the commissioner finds that the LEA is willing and able to fulfill its responsibilities pursuant to law. Amended by 2022 Tenn. Acts, ch. 966, s 63, eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 966, s 62, eff. 7/1/2023. Amended by 2019 Tenn. Acts, ch. 107, s 11, eff. 4/11/2019. Acts 1972, ch. 839, § 8; 1978, ch. 574, § 6; T.C.A., § 49-2949; Acts 1994, ch. 768, § 2.
(a) (1) If an LEA is found by the commissioner of education to have failed to provide a FAPE to all children with disabilities who by law are entitled to receive a FAPE from the LEA, then the commissioner may withhold all or any portion of the Tennessee investment in student achievement formula (TISA) funding for the LEA as, in the commissioner's judgment, is warranted. (2) The denial of TISA funding under subdivision (a)(1) may continue until the failure to provide the required special education or related services is remedied. (3) Whether or not the commissioner elects to withhold TISA funding pursuant to subdivision (a)(1), the commissioner shall ensure the provision of a FAPE, and may do so by providing the education directly.
(1) If an LEA is found by the commissioner of education to have failed to provide a FAPE to all children with disabilities who by law are entitled to receive a FAPE from the LEA, then the commissioner may withhold all or any portion of the Tennessee investment in student achievement formula (TISA) funding for the LEA as, in the commissioner's judgment, is warranted.
(2) The denial of TISA funding under subdivision (a)(1) may continue until the failure to provide the required special education or related services is remedied.
(3) Whether or not the commissioner elects to withhold TISA funding pursuant to subdivision (a)(1), the commissioner shall ensure the provision of a FAPE, and may do so by providing the education directly.
(b) The commissioner shall not take action pursuant to subsection (a) until after providing a public hearing with due notice and preserved on a record that establishes the failure of the LEA to provide special education or related services of an adequate quantity and quality.
(c) Any costs incurred by the department in administering this section are direct charges against the LEA and must be paid by the LEA. If an LEA fails to make timely payment, then the department may make the payment and obtain reimbursement from the LEA through the appropriate judicial proceedings.
(d) (1) When the commissioner is providing special education or related services pursuant to this section, it is the commissioner's purpose to assist the LEA in assuming or reassuming the LEA's full responsibilities for providing education for children with disabilities. (2) No TISA funding for special education shall be given to an LEA during, or for, any period for which the LEA's provision of special education is being administered directly by the commissioner on behalf of the LEA pursuant to this section. (3) The commissioner shall return responsibility for providing a FAPE to the LEA as soon as the commissioner finds that the LEA is willing and able to fulfill its responsibilities pursuant to law.
(1) When the commissioner is providing special education or related services pursuant to this section, it is the commissioner's purpose to assist the LEA in assuming or reassuming the LEA's full responsibilities for providing education for children with disabilities.
(2) No TISA funding for special education shall be given to an LEA during, or for, any period for which the LEA's provision of special education is being administered directly by the commissioner on behalf of the LEA pursuant to this section.
(3) The commissioner shall return responsibility for providing a FAPE to the LEA as soon as the commissioner finds that the LEA is willing and able to fulfill its responsibilities pursuant to law.
Amended by 2022 Tenn. Acts, ch. 966, s 63, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 966, s 62, eff. 7/1/2023.
Amended by 2019 Tenn. Acts, ch. 107, s 11, eff. 4/11/2019.
Acts 1972, ch. 839, § 8; 1978, ch. 574, § 6; T.C.A., § 49-2949; Acts 1994, ch. 768, § 2.