Tenn. Code Ann. § 49-5-108 — TN Code / Title 49 / Chapter 5 / Section 49-5-108
Jurisdiction of state board of education
Status: in_force

(a) (1) Complete jurisdiction over the issuance and administration of licenses for supervisors, principals and public school teachers for kindergarten through grade twelve (K-12), including teachers in preschools operated under the authority of chapter 6, part 1 of this title, shall be vested in the state board of education. (2) Notwithstanding subdivision (a)(1), the state board of education shall not deny instructional leader licensure based solely on the applicant completing a leadership preparation program located outside of this state. (3) Professional licenses issued by the state board of education must be valid for a period of no less than eight (8) years. This subdivision (a)(3) does not prohibit the state board from establishing professional development requirements that must be met by an educator who holds a professional license during the licensure period as a condition of the educator retaining the educator's license for the licensure period. (b) The licenses shall be uniform for all the school systems in the state. (c) The state board of education is authorized, empowered and directed to set up rules and regulations governing the issuance of licenses for supervisors, principals and public school teachers. These rules and regulations shall prescribe standards controlling the issuance and renewal of all licenses and permits; provided, that: (1) If a license is issued, it shall not be to an applicant who has less than four (4) years of general or technical and professional training beyond the twelfth grade; (2) No increase in the minimum requirements for licenses shall become effective until at least one (1) year after promulgation of the increase by the state board of education; (3) Active or retired military personnel who seek to serve as junior reserve officers' training corps (JROTC) instructors shall be licensed to teach JROTC and military science in grades nine through twelve (9-12) based on documented military JROTC certification issued upon successful completion of all JROTC preparation requirements specific to the person's branch of military service. JROTC instructors so licensed shall not be licensed to teach courses other than JROTC and military science, and LEAs shall not employ persons licensed only as JROTC instructors to teach courses other than JROTC or military science. Such restrictions to licensure, however, shall not impinge the granting of state-approved equivalency credits received through a JROTC or military science course; (4) A supervisor's, principal's or teacher's license shall not be nonrenewed or revoked by the department of education based on student growth data as represented by the Tennessee value-added assessment system (TVAAS), developed pursuant to chapter 1, part 6 of this title, or some other comparable measure of student growth, if no such TVAAS data is available; and (5) Notwithstanding any other law, a public school teacher shall not be required to take an assessment to advance or renew a license if: (A) At the time of application for an initial license, the public school teacher possessed an active professional license in a state that has a reciprocal agreement with the state board of education pursuant to § 49-5-109 ; (B) At the time of application for advancement or renewal of a license, the public school teacher is employed to serve or teach courses in the individual's area of endorsement in a public school in this state; and (C) The public school teacher earned an overall performance effectiveness level of "above expectations" or "significantly above expectations" as provided in the evaluation guidelines adopted by the state board of education pursuant to § 49-1-302 in each of the first two (2) years immediately following the issuance of the individual's initial license. If the public school teacher did not receive an overall performance effectiveness level during one (1) or both of the two (2) years immediately following the issuance of the individual's initial license, then the individual may choose to use the individual's most recent overall performance effectiveness level that is available to demonstrate an overall performance effectiveness level of "above expectations" or "significantly above expectations" for purposes of this subdivision (c)(5)(C), or the public school teacher may request that the director of schools or the director of the public charter school submit a recommendation to the department of education on the public school teacher's effectiveness. If a director of schools or the director of a public charter school submits a recommendation to the department attesting to the effectiveness of a public school teacher, then the commissioner shall consider the requirements of this subdivision (c)(5)(C) met, and shall not require the public school teacher to take an assessment to advance or renew a license. (6) (A) When issuing a license to teach in the public schools to an individual who possesses an active teaching license in another state, the state board of education shall issue a teaching license that is equivalent to the teaching license that the individual possesses in the other state, if that state has a reciprocal agreement with the state board of education pursuant to § 49-5-109 . (B) If an individual applies for a supervisor's, assistant principal's, or principal's license, and the individual possesses an active supervisor's, assistant principal's, or principal's license in another state that has entered into a reciprocal agreement with the state board pursuant to § 49-5-109 , then the department of education shall issue the individual a supervisor's, assistant principal's, or principal's license that is equivalent to the license that the individual possesses in the other state; provided, that the individual served as a supervisor, assistant principal, or principal in the other state for no less than one (1) school year. (C) When issuing a supervisor's, assistant principal's, principal's, or public school teacher's license to an individual who is a military spouse and who possesses an active supervisor's, assistant principal's, principal's, or public school teacher's license in another state, the department of education shall issue a supervisor's, assistant principal's, principal's, or public school teacher's license that is equivalent to the license that the individual possesses in the other state upon the department's receipt of documentation from the individual evidencing the individual's active military dependent status. (D) The department of education shall submit a report on the effectiveness of supervisors, assistant principals, principals, and public school teachers who obtained a Tennessee educator license through an out-of-state pathway compared with the effectiveness of other supervisors, assistant principals, principals, and public school teachers licensed in this state to the education committee of the senate and the education instruction committee of the house of representatives by July 31, 2022, and by July 31 each year thereafter. The annual report required under this subdivision (c)(6)(D) must be posted on the department's website. (7) Notwithstanding any other law, a public school teacher is not required to take an assessment to reactivate a license from this state that has expired if at the time of application to reactivate the license, the public school teacher possesses an active professional license in a state that has a reciprocal agreement with the state board of education pursuant to § 49-5-109 . (d) (1) The state board of education has the authority to promulgate rules and regulations prescribing minimum standards for licenses and certificates differing from the requirements prescribed in this chapter. (2) [Deleted by 2023 amendment.] (3) (A) The state board of education shall approve a process for an LEA, or for two (2) or more LEAs working together, to establish an LEA teacher training program for the purpose of recommending eligible educators for endorsements. An educator must possess an active Tennessee professional teaching license and must be employed by an LEA participating in the program to be eligible to participate in a program established under this subdivision (d)(3). (B) The state board shall establish the minimum requirements for LEA teacher training programs; provided, that the minimum requirements must allow eligible educators to add endorsement areas to the educator's license. (C) LEA teacher training programs established under this subdivision (d)(3) must provide documentation to the department of education certifying that the eligible educator has met the requirements established by the state board for the endorsement before the endorsement is added to the eligible educator's license. (D) The state board shall not require an eligible educator seeking an endorsement through an LEA teacher training program to enroll in a teacher preparation program in order to receive the endorsement. This subdivision (d)(3) does not prohibit an LEA teacher training program from partnering with a teacher preparation program approved by the state board. (E) To ensure the quality of an educator that receives an endorsement under this subdivision (d)(3), the state board shall require the eligible educator to take an assessment pursuant to the state board's rules and policies. (F) The department of education shall create a process for the review of LEA teacher training programs established under this subdivision (d)(3) pursuant to the state board's rules and policies. (e) Institutions with authorized teacher training programs shall ensure that persons seeking licensure in this state receive appropriate instruction in the teaching of reading. (f) (1) The state board of education, with the assistance of the department of education and the Tennessee higher education commission, shall develop a report card or assessment on the effectiveness of teacher training programs. The state board of education shall annually evaluate performance of each institution of higher education providing an approved program of teacher training and other state board approved teacher training programs. The assessment shall focus on the performance of each institution's graduates and shall include, but not be limited to, the following areas: (A) Placement and retention rates; (B) Performance on PRAXIS examinations or other tests used to identify teacher preparedness; and (C) Teacher effect data created pursuant to § 49-1-606 . (2) Each teacher training institution and each LEA shall report all data as requested by the state board of education that the board needs to make the evaluation. The report card or assessment shall be issued no later than February 15 of each year. (g) Each teacher training program shall provide instruction on effective strategies for virtual instruction to candidates seeking a license to teach or a license to serve as an instructional leader. The department of education shall review teacher training programs to ensure compliance with this subsection (g) during the course of the regularly scheduled review cycle established in the state board of education's rules. Amended by 2024 Tenn. Acts, ch. 1005,s 3, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 93, s 1, eff. 3/31/2023. Amended by 2022 Tenn. Acts, ch. 936, s 2, eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 692, s 1, eff. 3/28/2022. Amended by 2021 Tenn. Acts, ch. 571, s 1, eff. 7/1/2022. Amended by 2021 Tenn. Acts, ch. 125, s 1, eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 493, s 50, eff. 5/25/2021. Amended by 2021 Tenn. Acts, ch. 125, s 2, eff. 4/13/2021. Amended by 2019 Tenn. Acts, ch. 248, s 35, eff. 5/2/2019. Amended by 2018 Tenn. Acts, ch. 744, s 4, eff. 1/1/2019. Amended by 2018 Tenn. Acts, ch. 573, s 1, eff. 7/1/2018. Amended by 2017 Tenn. Acts, ch. 27, s 1, eff. 7/1/2017. Amended by 2015 Tenn. Acts, ch. 233, s 1, eff. 7/1/2015. Amended by 2014 Tenn. Acts, ch. 746, s 2, eff. 7/1/2015. Acts 1951, ch. 58, §§ 1, 2, 7 (Williams, §§ 2365.5, 2365.6, 2365.11); modified; Acts 1959, ch. 121, § 1; 1967, ch. 255, § 1; 1974, ch. 654, §§ 56-59; 1975, ch. 64, § 1; 1978, ch. 675, § 2; 1981, ch. 172, § 2; T.C.A. (orig. ed.), §§ 49-1235 -- 49-1237; Acts 1985, ch. 233, § 1; 1987, ch. 308, § 19; 1990, ch. 948, § 14; 1993, ch. 32, §§ 38-40; 1999, ch. 476, § 3; 2005, ch. 299, § 1; 2006, ch. 655, § 1; 2007 , ch. 376, § 9; 2012 , ch. 519, § 5.
(a) (1) Complete jurisdiction over the issuance and administration of licenses for supervisors, principals and public school teachers for kindergarten through grade twelve (K-12), including teachers in preschools operated under the authority of chapter 6, part 1 of this title, shall be vested in the state board of education. (2) Notwithstanding subdivision (a)(1), the state board of education shall not deny instructional leader licensure based solely on the applicant completing a leadership preparation program located outside of this state. (3) Professional licenses issued by the state board of education must be valid for a period of no less than eight (8) years. This subdivision (a)(3) does not prohibit the state board from establishing professional development requirements that must be met by an educator who holds a professional license during the licensure period as a condition of the educator retaining the educator's license for the licensure period.
(1) Complete jurisdiction over the issuance and administration of licenses for supervisors, principals and public school teachers for kindergarten through grade twelve (K-12), including teachers in preschools operated under the authority of chapter 6, part 1 of this title, shall be vested in the state board of education.
(2) Notwithstanding subdivision (a)(1), the state board of education shall not deny instructional leader licensure based solely on the applicant completing a leadership preparation program located outside of this state.
(3) Professional licenses issued by the state board of education must be valid for a period of no less than eight (8) years. This subdivision (a)(3) does not prohibit the state board from establishing professional development requirements that must be met by an educator who holds a professional license during the licensure period as a condition of the educator retaining the educator's license for the licensure period.
(b) The licenses shall be uniform for all the school systems in the state.
(c) The state board of education is authorized, empowered and directed to set up rules and regulations governing the issuance of licenses for supervisors, principals and public school teachers. These rules and regulations shall prescribe standards controlling the issuance and renewal of all licenses and permits; provided, that: (1) If a license is issued, it shall not be to an applicant who has less than four (4) years of general or technical and professional training beyond the twelfth grade; (2) No increase in the minimum requirements for licenses shall become effective until at least one (1) year after promulgation of the increase by the state board of education; (3) Active or retired military personnel who seek to serve as junior reserve officers' training corps (JROTC) instructors shall be licensed to teach JROTC and military science in grades nine through twelve (9-12) based on documented military JROTC certification issued upon successful completion of all JROTC preparation requirements specific to the person's branch of military service. JROTC instructors so licensed shall not be licensed to teach courses other than JROTC and military science, and LEAs shall not employ persons licensed only as JROTC instructors to teach courses other than JROTC or military science. Such restrictions to licensure, however, shall not impinge the granting of state-approved equivalency credits received through a JROTC or military science course; (4) A supervisor's, principal's or teacher's license shall not be nonrenewed or revoked by the department of education based on student growth data as represented by the Tennessee value-added assessment system (TVAAS), developed pursuant to chapter 1, part 6 of this title, or some other comparable measure of student growth, if no such TVAAS data is available; and (5) Notwithstanding any other law, a public school teacher shall not be required to take an assessment to advance or renew a license if: (A) At the time of application for an initial license, the public school teacher possessed an active professional license in a state that has a reciprocal agreement with the state board of education pursuant to § 49-5-109 ; (B) At the time of application for advancement or renewal of a license, the public school teacher is employed to serve or teach courses in the individual's area of endorsement in a public school in this state; and (C) The public school teacher earned an overall performance effectiveness level of "above expectations" or "significantly above expectations" as provided in the evaluation guidelines adopted by the state board of education pursuant to § 49-1-302 in each of the first two (2) years immediately following the issuance of the individual's initial license. If the public school teacher did not receive an overall performance effectiveness level during one (1) or both of the two (2) years immediately following the issuance of the individual's initial license, then the individual may choose to use the individual's most recent overall performance effectiveness level that is available to demonstrate an overall performance effectiveness level of "above expectations" or "significantly above expectations" for purposes of this subdivision (c)(5)(C), or the public school teacher may request that the director of schools or the director of the public charter school submit a recommendation to the department of education on the public school teacher's effectiveness. If a director of schools or the director of a public charter school submits a recommendation to the department attesting to the effectiveness of a public school teacher, then the commissioner shall consider the requirements of this subdivision (c)(5)(C) met, and shall not require the public school teacher to take an assessment to advance or renew a license. (6) (A) When issuing a license to teach in the public schools to an individual who possesses an active teaching license in another state, the state board of education shall issue a teaching license that is equivalent to the teaching license that the individual possesses in the other state, if that state has a reciprocal agreement with the state board of education pursuant to § 49-5-109 . (B) If an individual applies for a supervisor's, assistant principal's, or principal's license, and the individual possesses an active supervisor's, assistant principal's, or principal's license in another state that has entered into a reciprocal agreement with the state board pursuant to § 49-5-109 , then the department of education shall issue the individual a supervisor's, assistant principal's, or principal's license that is equivalent to the license that the individual possesses in the other state; provided, that the individual served as a supervisor, assistant principal, or principal in the other state for no less than one (1) school year. (C) When issuing a supervisor's, assistant principal's, principal's, or public school teacher's license to an individual who is a military spouse and who possesses an active supervisor's, assistant principal's, principal's, or public school teacher's license in another state, the department of education shall issue a supervisor's, assistant principal's, principal's, or public school teacher's license that is equivalent to the license that the individual possesses in the other state upon the department's receipt of documentation from the individual evidencing the individual's active military dependent status. (D) The department of education shall submit a report on the effectiveness of supervisors, assistant principals, principals, and public school teachers who obtained a Tennessee educator license through an out-of-state pathway compared with the effectiveness of other supervisors, assistant principals, principals, and public school teachers licensed in this state to the education committee of the senate and the education instruction committee of the house of representatives by July 31, 2022, and by July 31 each year thereafter. The annual report required under this subdivision (c)(6)(D) must be posted on the department's website. (7) Notwithstanding any other law, a public school teacher is not required to take an assessment to reactivate a license from this state that has expired if at the time of application to reactivate the license, the public school teacher possesses an active professional license in a state that has a reciprocal agreement with the state board of education pursuant to § 49-5-109 .
(1) If a license is issued, it shall not be to an applicant who has less than four (4) years of general or technical and professional training beyond the twelfth grade;
(2) No increase in the minimum requirements for licenses shall become effective until at least one (1) year after promulgation of the increase by the state board of education;
(3) Active or retired military personnel who seek to serve as junior reserve officers' training corps (JROTC) instructors shall be licensed to teach JROTC and military science in grades nine through twelve (9-12) based on documented military JROTC certification issued upon successful completion of all JROTC preparation requirements specific to the person's branch of military service. JROTC instructors so licensed shall not be licensed to teach courses other than JROTC and military science, and LEAs shall not employ persons licensed only as JROTC instructors to teach courses other than JROTC or military science. Such restrictions to licensure, however, shall not impinge the granting of state-approved equivalency credits received through a JROTC or military science course;
(4) A supervisor's, principal's or teacher's license shall not be nonrenewed or revoked by the department of education based on student growth data as represented by the Tennessee value-added assessment system (TVAAS), developed pursuant to chapter 1, part 6 of this title, or some other comparable measure of student growth, if no such TVAAS data is available; and
(5) Notwithstanding any other law, a public school teacher shall not be required to take an assessment to advance or renew a license if: (A) At the time of application for an initial license, the public school teacher possessed an active professional license in a state that has a reciprocal agreement with the state board of education pursuant to § 49-5-109 ; (B) At the time of application for advancement or renewal of a license, the public school teacher is employed to serve or teach courses in the individual's area of endorsement in a public school in this state; and (C) The public school teacher earned an overall performance effectiveness level of "above expectations" or "significantly above expectations" as provided in the evaluation guidelines adopted by the state board of education pursuant to § 49-1-302 in each of the first two (2) years immediately following the issuance of the individual's initial license. If the public school teacher did not receive an overall performance effectiveness level during one (1) or both of the two (2) years immediately following the issuance of the individual's initial license, then the individual may choose to use the individual's most recent overall performance effectiveness level that is available to demonstrate an overall performance effectiveness level of "above expectations" or "significantly above expectations" for purposes of this subdivision (c)(5)(C), or the public school teacher may request that the director of schools or the director of the public charter school submit a recommendation to the department of education on the public school teacher's effectiveness. If a director of schools or the director of a public charter school submits a recommendation to the department attesting to the effectiveness of a public school teacher, then the commissioner shall consider the requirements of this subdivision (c)(5)(C) met, and shall not require the public school teacher to take an assessment to advance or renew a license.
(A) At the time of application for an initial license, the public school teacher possessed an active professional license in a state that has a reciprocal agreement with the state board of education pursuant to § 49-5-109 ;
(B) At the time of application for advancement or renewal of a license, the public school teacher is employed to serve or teach courses in the individual's area of endorsement in a public school in this state; and
(C) The public school teacher earned an overall performance effectiveness level of "above expectations" or "significantly above expectations" as provided in the evaluation guidelines adopted by the state board of education pursuant to § 49-1-302 in each of the first two (2) years immediately following the issuance of the individual's initial license. If the public school teacher did not receive an overall performance effectiveness level during one (1) or both of the two (2) years immediately following the issuance of the individual's initial license, then the individual may choose to use the individual's most recent overall performance effectiveness level that is available to demonstrate an overall performance effectiveness level of "above expectations" or "significantly above expectations" for purposes of this subdivision (c)(5)(C), or the public school teacher may request that the director of schools or the director of the public charter school submit a recommendation to the department of education on the public school teacher's effectiveness. If a director of schools or the director of a public charter school submits a recommendation to the department attesting to the effectiveness of a public school teacher, then the commissioner shall consider the requirements of this subdivision (c)(5)(C) met, and shall not require the public school teacher to take an assessment to advance or renew a license.
(6) (A) When issuing a license to teach in the public schools to an individual who possesses an active teaching license in another state, the state board of education shall issue a teaching license that is equivalent to the teaching license that the individual possesses in the other state, if that state has a reciprocal agreement with the state board of education pursuant to § 49-5-109 . (B) If an individual applies for a supervisor's, assistant principal's, or principal's license, and the individual possesses an active supervisor's, assistant principal's, or principal's license in another state that has entered into a reciprocal agreement with the state board pursuant to § 49-5-109 , then the department of education shall issue the individual a supervisor's, assistant principal's, or principal's license that is equivalent to the license that the individual possesses in the other state; provided, that the individual served as a supervisor, assistant principal, or principal in the other state for no less than one (1) school year. (C) When issuing a supervisor's, assistant principal's, principal's, or public school teacher's license to an individual who is a military spouse and who possesses an active supervisor's, assistant principal's, principal's, or public school teacher's license in another state, the department of education shall issue a supervisor's, assistant principal's, principal's, or public school teacher's license that is equivalent to the license that the individual possesses in the other state upon the department's receipt of documentation from the individual evidencing the individual's active military dependent status. (D) The department of education shall submit a report on the effectiveness of supervisors, assistant principals, principals, and public school teachers who obtained a Tennessee educator license through an out-of-state pathway compared with the effectiveness of other supervisors, assistant principals, principals, and public school teachers licensed in this state to the education committee of the senate and the education instruction committee of the house of representatives by July 31, 2022, and by July 31 each year thereafter. The annual report required under this subdivision (c)(6)(D) must be posted on the department's website.
(A) When issuing a license to teach in the public schools to an individual who possesses an active teaching license in another state, the state board of education shall issue a teaching license that is equivalent to the teaching license that the individual possesses in the other state, if that state has a reciprocal agreement with the state board of education pursuant to § 49-5-109 .
(B) If an individual applies for a supervisor's, assistant principal's, or principal's license, and the individual possesses an active supervisor's, assistant principal's, or principal's license in another state that has entered into a reciprocal agreement with the state board pursuant to § 49-5-109 , then the department of education shall issue the individual a supervisor's, assistant principal's, or principal's license that is equivalent to the license that the individual possesses in the other state; provided, that the individual served as a supervisor, assistant principal, or principal in the other state for no less than one (1) school year.
(C) When issuing a supervisor's, assistant principal's, principal's, or public school teacher's license to an individual who is a military spouse and who possesses an active supervisor's, assistant principal's, principal's, or public school teacher's license in another state, the department of education shall issue a supervisor's, assistant principal's, principal's, or public school teacher's license that is equivalent to the license that the individual possesses in the other state upon the department's receipt of documentation from the individual evidencing the individual's active military dependent status.
(D) The department of education shall submit a report on the effectiveness of supervisors, assistant principals, principals, and public school teachers who obtained a Tennessee educator license through an out-of-state pathway compared with the effectiveness of other supervisors, assistant principals, principals, and public school teachers licensed in this state to the education committee of the senate and the education instruction committee of the house of representatives by July 31, 2022, and by July 31 each year thereafter. The annual report required under this subdivision (c)(6)(D) must be posted on the department's website.
(7) Notwithstanding any other law, a public school teacher is not required to take an assessment to reactivate a license from this state that has expired if at the time of application to reactivate the license, the public school teacher possesses an active professional license in a state that has a reciprocal agreement with the state board of education pursuant to § 49-5-109 .
(d) (1) The state board of education has the authority to promulgate rules and regulations prescribing minimum standards for licenses and certificates differing from the requirements prescribed in this chapter. (2) [Deleted by 2023 amendment.] (3) (A) The state board of education shall approve a process for an LEA, or for two (2) or more LEAs working together, to establish an LEA teacher training program for the purpose of recommending eligible educators for endorsements. An educator must possess an active Tennessee professional teaching license and must be employed by an LEA participating in the program to be eligible to participate in a program established under this subdivision (d)(3). (B) The state board shall establish the minimum requirements for LEA teacher training programs; provided, that the minimum requirements must allow eligible educators to add endorsement areas to the educator's license. (C) LEA teacher training programs established under this subdivision (d)(3) must provide documentation to the department of education certifying that the eligible educator has met the requirements established by the state board for the endorsement before the endorsement is added to the eligible educator's license. (D) The state board shall not require an eligible educator seeking an endorsement through an LEA teacher training program to enroll in a teacher preparation program in order to receive the endorsement. This subdivision (d)(3) does not prohibit an LEA teacher training program from partnering with a teacher preparation program approved by the state board. (E) To ensure the quality of an educator that receives an endorsement under this subdivision (d)(3), the state board shall require the eligible educator to take an assessment pursuant to the state board's rules and policies. (F) The department of education shall create a process for the review of LEA teacher training programs established under this subdivision (d)(3) pursuant to the state board's rules and policies.
(1) The state board of education has the authority to promulgate rules and regulations prescribing minimum standards for licenses and certificates differing from the requirements prescribed in this chapter.
(2) [Deleted by 2023 amendment.]
(3) (A) The state board of education shall approve a process for an LEA, or for two (2) or more LEAs working together, to establish an LEA teacher training program for the purpose of recommending eligible educators for endorsements. An educator must possess an active Tennessee professional teaching license and must be employed by an LEA participating in the program to be eligible to participate in a program established under this subdivision (d)(3). (B) The state board shall establish the minimum requirements for LEA teacher training programs; provided, that the minimum requirements must allow eligible educators to add endorsement areas to the educator's license. (C) LEA teacher training programs established under this subdivision (d)(3) must provide documentation to the department of education certifying that the eligible educator has met the requirements established by the state board for the endorsement before the endorsement is added to the eligible educator's license. (D) The state board shall not require an eligible educator seeking an endorsement through an LEA teacher training program to enroll in a teacher preparation program in order to receive the endorsement. This subdivision (d)(3) does not prohibit an LEA teacher training program from partnering with a teacher preparation program approved by the state board. (E) To ensure the quality of an educator that receives an endorsement under this subdivision (d)(3), the state board shall require the eligible educator to take an assessment pursuant to the state board's rules and policies. (F) The department of education shall create a process for the review of LEA teacher training programs established under this subdivision (d)(3) pursuant to the state board's rules and policies.
(A) The state board of education shall approve a process for an LEA, or for two (2) or more LEAs working together, to establish an LEA teacher training program for the purpose of recommending eligible educators for endorsements. An educator must possess an active Tennessee professional teaching license and must be employed by an LEA participating in the program to be eligible to participate in a program established under this subdivision (d)(3).
(B) The state board shall establish the minimum requirements for LEA teacher training programs; provided, that the minimum requirements must allow eligible educators to add endorsement areas to the educator's license.
(C) LEA teacher training programs established under this subdivision (d)(3) must provide documentation to the department of education certifying that the eligible educator has met the requirements established by the state board for the endorsement before the endorsement is added to the eligible educator's license.
(D) The state board shall not require an eligible educator seeking an endorsement through an LEA teacher training program to enroll in a teacher preparation program in order to receive the endorsement. This subdivision (d)(3) does not prohibit an LEA teacher training program from partnering with a teacher preparation program approved by the state board.
(E) To ensure the quality of an educator that receives an endorsement under this subdivision (d)(3), the state board shall require the eligible educator to take an assessment pursuant to the state board's rules and policies.
(F) The department of education shall create a process for the review of LEA teacher training programs established under this subdivision (d)(3) pursuant to the state board's rules and policies.
(e) Institutions with authorized teacher training programs shall ensure that persons seeking licensure in this state receive appropriate instruction in the teaching of reading.
(f) (1) The state board of education, with the assistance of the department of education and the Tennessee higher education commission, shall develop a report card or assessment on the effectiveness of teacher training programs. The state board of education shall annually evaluate performance of each institution of higher education providing an approved program of teacher training and other state board approved teacher training programs. The assessment shall focus on the performance of each institution's graduates and shall include, but not be limited to, the following areas: (A) Placement and retention rates; (B) Performance on PRAXIS examinations or other tests used to identify teacher preparedness; and (C) Teacher effect data created pursuant to § 49-1-606 . (2) Each teacher training institution and each LEA shall report all data as requested by the state board of education that the board needs to make the evaluation. The report card or assessment shall be issued no later than February 15 of each year.
(1) The state board of education, with the assistance of the department of education and the Tennessee higher education commission, shall develop a report card or assessment on the effectiveness of teacher training programs. The state board of education shall annually evaluate performance of each institution of higher education providing an approved program of teacher training and other state board approved teacher training programs. The assessment shall focus on the performance of each institution's graduates and shall include, but not be limited to, the following areas: (A) Placement and retention rates; (B) Performance on PRAXIS examinations or other tests used to identify teacher preparedness; and (C) Teacher effect data created pursuant to § 49-1-606 .
(A) Placement and retention rates;
(B) Performance on PRAXIS examinations or other tests used to identify teacher preparedness; and
(C) Teacher effect data created pursuant to § 49-1-606 .
(2) Each teacher training institution and each LEA shall report all data as requested by the state board of education that the board needs to make the evaluation. The report card or assessment shall be issued no later than February 15 of each year.
(g) Each teacher training program shall provide instruction on effective strategies for virtual instruction to candidates seeking a license to teach or a license to serve as an instructional leader. The department of education shall review teacher training programs to ensure compliance with this subsection (g) during the course of the regularly scheduled review cycle established in the state board of education's rules.
Amended by 2024 Tenn. Acts, ch. 1005,s 3, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 93, s 1, eff. 3/31/2023.
Amended by 2022 Tenn. Acts, ch. 936, s 2, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 692, s 1, eff. 3/28/2022.
Amended by 2021 Tenn. Acts, ch. 571, s 1, eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 125, s 1, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 493, s 50, eff. 5/25/2021.
Amended by 2021 Tenn. Acts, ch. 125, s 2, eff. 4/13/2021.
Amended by 2019 Tenn. Acts, ch. 248, s 35, eff. 5/2/2019.
Amended by 2018 Tenn. Acts, ch. 744, s 4, eff. 1/1/2019.
Amended by 2018 Tenn. Acts, ch. 573, s 1, eff. 7/1/2018.
Amended by 2017 Tenn. Acts, ch. 27, s 1, eff. 7/1/2017.
Amended by 2015 Tenn. Acts, ch. 233, s 1, eff. 7/1/2015.
Amended by 2014 Tenn. Acts, ch. 746, s 2, eff. 7/1/2015.
Acts 1951, ch. 58, §§ 1, 2, 7 (Williams, §§ 2365.5, 2365.6, 2365.11); modified; Acts 1959, ch. 121, § 1; 1967, ch. 255, § 1; 1974, ch. 654, §§ 56-59; 1975, ch. 64, § 1; 1978, ch. 675, § 2; 1981, ch. 172, § 2; T.C.A. (orig. ed.), §§ 49-1235 -- 49-1237; Acts 1985, ch. 233, § 1; 1987, ch. 308, § 19; 1990, ch. 948, § 14; 1993, ch. 32, §§ 38-40; 1999, ch. 476, § 3; 2005, ch. 299, § 1; 2006, ch. 655, § 1; 2007 , ch. 376, § 9; 2012 , ch. 519, § 5.
Tenn. Code Ann. § 49-3-1207 — TN Code / Title 49 / Chapter 3 / Section 49-3-1207
Issuance of bonds and notes
Status: in_force

(a) (1) Subject to this part, the authority shall have power and is authorized from time to time to issue its negotiable bonds and notes in such principal amount, as, in the opinion of the authority, is necessary to provide sufficient funds for achieving its corporate purposes, including the financing of projects, the financing of school credit bond projects, the payment of interest on bonds and notes of the authority, the establishment of reserves to secure the bonds and notes and all other expenditures of the authority incident to and necessary or convenient to carry out its corporate purposes and powers. (2) The authority shall have the power, from time to time, to issue renewal notes, to issue bonds to pay notes and, whenever it deems refunding expedient, to refund any bonds by the issuance of new bonds, whether the bonds to be refunded have or have not matured, and to issue bonds partly to refund bonds then outstanding and partly for any other purpose. The refunding bonds shall be sold and the proceeds applied to the purchase, redemption or payment of the bonds to be refunded. (3) Except as may otherwise be expressly provided by the authority, every issue of its notes or bonds shall be general obligations of the authority payable out of any revenues or moneys of the authority, subject only to any agreements with the holders of particular notes or bonds pledging any particular receipts or revenues. (4) Whether or not the notes or bonds are of such form and character as to be negotiable instruments under the Uniform Commercial Code, compiled in title 47, chapters 1-9, the notes or bonds shall be and are made negotiable instruments within the meaning of and for all the purposes of the Uniform Commercial Code, subject only to the notes or bonds for registration. (b) (1) The notes and bonds shall be authorized by resolution of the members, shall bear such date or dates, and shall mature at such time or times, in the case of any such note, or any renewals of the note, not exceeding eight (8) years, from the date of issue of the original note, and in the case of any such bond not exceeding fifty (50) years from the date of issue, as the resolution or resolutions may provide. (2) The notes and bonds shall bear interest at such rate or rates, including at a zero (0) rate, be in such denominations, be in such form, either coupon or registered, carry such registration privileges, be executed in such manner, be payable in such medium of payment, at such place or places and be subject to such terms of redemption as such resolution or resolutions may provide. (3) The notes and bonds of the authority may be sold by the authority, at public or private sale, at such price or prices as the authority shall determine. (c) If the board has entered into a project financing agreement with the authority containing an agreement pursuant to § 49-3-1206(b)(2) to deduct from amounts appropriated by the general assembly for the operation and maintenance of the institution and pay to the authority the amount required to make the board current with respect to unpaid fees and charges, and has failed to pay fees and charges to the authority when due, then the commissioner of finance and administration, after notice from the authority of such event, shall deduct from the amounts appropriated by the general assembly for the operation and maintenance of the institution the amount required to make the board current with respect to the unpaid fees and charges due the authority under the project financing agreement and pay such amount to the authority. (d) Any resolution or resolutions authorizing any notes or bonds or any issue of notes or bonds may contain provisions, which shall be a part of the contract with the holders of the notes or bonds, as to: (1) Pledging all or any part of the fees and charges made or received by the authority, and other moneys received or to be received, to secure the payment of the notes or bonds or of any issue of the notes or bonds, subject to such agreements with bondholders or noteholders as may then exist; (2) Pledging all or any part of the assets of the authority to secure the payment of the notes or bonds or of any issue of the notes or bonds, subject to such agreements with noteholders or bondholders as may then exist; (3) The setting aside of reserves or sinking funds and the regulation and disposition of the reserves or sinking funds; (4) Limitations on the purpose to which the proceeds of sale of notes or bonds may be applied and pledging the proceeds to secure the payment of the notes or bonds or of any issue of the notes or bonds; (5) Limitations on: (A) The issuance of additional notes or bonds; (B) The terms upon which additional notes or bonds may be issued and secured; and (C) The refunding of outstanding or other notes or bonds; (6) The procedure, if any, by which the terms of any contract with noteholders or bondholders may be amended or abrogated, the amount of notes or bonds the holders of which must consent to the amendment or abrogation, and the manner in which consent may be given; (7) Limitations on the amount of moneys to be expended by the authority for operating, administrative or other expenses of the authority; (8) Vesting in a trustee or trustees such property, rights, powers and duties in trust as the authority may determine, which may include any or all of the rights, powers and duties of the trustee appointed by the bondholders pursuant to this part, and limiting or abrogating the right of the bondholders to appoint a trustee under this part or limiting the rights, powers and duties of the trustee; or (9) Any other matters, of like or different character, that in any way affect the security or protection of the notes or bonds. (e) (1) It is the intention of this section that: (A) Any pledge made by the authority shall be valid and binding from the time the pledge is made; (B) The moneys or property so pledged and thereafter received by the authority shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act; and (C) The lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the authority, regardless of whether the parties have notice thereof. (2) Neither the resolution nor any other instrument by which a pledge is created need be recorded. (f) Neither the members of the authority nor any person executing the notes or bonds shall be liable personally on the notes or bonds or be subject to any personal liability or accountability by reason of the issuance of the notes or bonds. (g) The authority, subject to such agreements with noteholders or bondholders as may then exist, shall have power, out of any funds available for the purchase of the notes or bonds, to purchase notes or bonds of the authority, which shall thereupon be cancelled, at a price not exceeding: (1) If the notes or bonds are then redeemable, the redemption price then applicable plus accrued interest to the next interest payment date on the notes or bonds; or (2) If the notes or bonds are not then redeemable, the redemption price applicable on the first date after such purchase upon which the notes or bonds become subject to redemption plus accrued interest to such date. (h) The state shall not be liable on notes or bonds of the authority and the notes and bonds shall not be a debt of the state; and the notes and bonds shall contain on the face of the notes and bonds a statement to that effect. (i) Bonds or notes issued pursuant to this part to provide funds to make educational loans may be issued in a principal amount not to exceed five million dollars ($5,000,000) and shall be issued and secured separate and apart from any bonds or notes of the authority issued pursuant to this part to provide funds to finance other projects for institutions. (j) (1) The state does pledge to and agree with the holders of any notes or bonds issued under this part that the state will not limit or alter the rights vested in the authority to fulfill the terms of any agreements made with the holders of the notes or bonds, or in any way impair the rights and remedies of the holders until the notes or bonds, together with the interest on the notes or bonds, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of the holders, are fully met and discharged. (2) The authority is authorized to include this pledge and agreement of the state in any agreement with the holders of the notes or bonds. (k) For the enforcement of any loan agreement, the authority shall have all remedies provided to bondholders pursuant to § 9-21-216 with respect to the local governments as defined by § 49-3-1202 . (l) With respect to all or any portion of any issue of bonds issued or anticipated to be issued under this part, the authority may authorize and enter into interest rate swap or exchange agreements, agreements establishing interest rate floors or ceilings or both, and other interest rate hedging agreements and options in respect to the bonds, from time to time and under such terms and conditions as the authority may determine, including, without limitation, provisions permitting the authority to pay to or receive from any person or entity for any loss of benefits under the agreement upon early termination of the agreement or default under the agreement. (m) The authority may enter into an agreement to sell its bonds under this part providing for delivery of its bonds not more than five (5) years, or such greater period of time if approved by the comptroller of the treasury, from the date of execution of the agreement or in the case of refunding bonds the earlier of the first date on which the bonds being refunded can be optionally redeemed resulting in cost savings or be optionally redeemed at par. (n) For the purpose of ensuring that the bonds or notes issued after March 8, 2016, pursuant to this part maintain their tax-exempt status as may be provided by the Internal Revenue Code of 1986 (26 U.S.C.), as amended, no state officer or employee or user of a project or school credit bond project shall authorize or allow any change, amendment, or modification to a project or school credit bond project financed or refinanced with the proceeds of such bonds or notes which change, amendment, or modification would affect the tax-exempt status of such bonds or notes unless the change, amendment, or modification receives the prior approval of the office of state and local finance in the office of the comptroller of the treasury and the authority. Failure to receive such approval shall render any change, amendment, or modification null and void. Amended by 2016 Tenn. Acts, ch. 571, s 2, eff. 3/8/2016. Acts 1965, ch. 256, §§ 7, 8; 1975, ch. 124, § 1; 1980, ch. 711, § 12; 1983, ch. 338, § 4; T.C.A., §§ 49-3518, 49-3519; Acts 1998, ch. 665, § 1; 1999, ch. 429, §§ 6, 7; 2009 , ch. 601, §§ 6, 7; 2010 , ch. 943, § 1.
(a) (1) Subject to this part, the authority shall have power and is authorized from time to time to issue its negotiable bonds and notes in such principal amount, as, in the opinion of the authority, is necessary to provide sufficient funds for achieving its corporate purposes, including the financing of projects, the financing of school credit bond projects, the payment of interest on bonds and notes of the authority, the establishment of reserves to secure the bonds and notes and all other expenditures of the authority incident to and necessary or convenient to carry out its corporate purposes and powers. (2) The authority shall have the power, from time to time, to issue renewal notes, to issue bonds to pay notes and, whenever it deems refunding expedient, to refund any bonds by the issuance of new bonds, whether the bonds to be refunded have or have not matured, and to issue bonds partly to refund bonds then outstanding and partly for any other purpose. The refunding bonds shall be sold and the proceeds applied to the purchase, redemption or payment of the bonds to be refunded. (3) Except as may otherwise be expressly provided by the authority, every issue of its notes or bonds shall be general obligations of the authority payable out of any revenues or moneys of the authority, subject only to any agreements with the holders of particular notes or bonds pledging any particular receipts or revenues. (4) Whether or not the notes or bonds are of such form and character as to be negotiable instruments under the Uniform Commercial Code, compiled in title 47, chapters 1-9, the notes or bonds shall be and are made negotiable instruments within the meaning of and for all the purposes of the Uniform Commercial Code, subject only to the notes or bonds for registration.
(1) Subject to this part, the authority shall have power and is authorized from time to time to issue its negotiable bonds and notes in such principal amount, as, in the opinion of the authority, is necessary to provide sufficient funds for achieving its corporate purposes, including the financing of projects, the financing of school credit bond projects, the payment of interest on bonds and notes of the authority, the establishment of reserves to secure the bonds and notes and all other expenditures of the authority incident to and necessary or convenient to carry out its corporate purposes and powers.
(2) The authority shall have the power, from time to time, to issue renewal notes, to issue bonds to pay notes and, whenever it deems refunding expedient, to refund any bonds by the issuance of new bonds, whether the bonds to be refunded have or have not matured, and to issue bonds partly to refund bonds then outstanding and partly for any other purpose. The refunding bonds shall be sold and the proceeds applied to the purchase, redemption or payment of the bonds to be refunded.
(3) Except as may otherwise be expressly provided by the authority, every issue of its notes or bonds shall be general obligations of the authority payable out of any revenues or moneys of the authority, subject only to any agreements with the holders of particular notes or bonds pledging any particular receipts or revenues.
(4) Whether or not the notes or bonds are of such form and character as to be negotiable instruments under the Uniform Commercial Code, compiled in title 47, chapters 1-9, the notes or bonds shall be and are made negotiable instruments within the meaning of and for all the purposes of the Uniform Commercial Code, subject only to the notes or bonds for registration.
(b) (1) The notes and bonds shall be authorized by resolution of the members, shall bear such date or dates, and shall mature at such time or times, in the case of any such note, or any renewals of the note, not exceeding eight (8) years, from the date of issue of the original note, and in the case of any such bond not exceeding fifty (50) years from the date of issue, as the resolution or resolutions may provide. (2) The notes and bonds shall bear interest at such rate or rates, including at a zero (0) rate, be in such denominations, be in such form, either coupon or registered, carry such registration privileges, be executed in such manner, be payable in such medium of payment, at such place or places and be subject to such terms of redemption as such resolution or resolutions may provide. (3) The notes and bonds of the authority may be sold by the authority, at public or private sale, at such price or prices as the authority shall determine.
(1) The notes and bonds shall be authorized by resolution of the members, shall bear such date or dates, and shall mature at such time or times, in the case of any such note, or any renewals of the note, not exceeding eight (8) years, from the date of issue of the original note, and in the case of any such bond not exceeding fifty (50) years from the date of issue, as the resolution or resolutions may provide.
(2) The notes and bonds shall bear interest at such rate or rates, including at a zero (0) rate, be in such denominations, be in such form, either coupon or registered, carry such registration privileges, be executed in such manner, be payable in such medium of payment, at such place or places and be subject to such terms of redemption as such resolution or resolutions may provide.
(3) The notes and bonds of the authority may be sold by the authority, at public or private sale, at such price or prices as the authority shall determine.
(c) If the board has entered into a project financing agreement with the authority containing an agreement pursuant to § 49-3-1206(b)(2) to deduct from amounts appropriated by the general assembly for the operation and maintenance of the institution and pay to the authority the amount required to make the board current with respect to unpaid fees and charges, and has failed to pay fees and charges to the authority when due, then the commissioner of finance and administration, after notice from the authority of such event, shall deduct from the amounts appropriated by the general assembly for the operation and maintenance of the institution the amount required to make the board current with respect to the unpaid fees and charges due the authority under the project financing agreement and pay such amount to the authority.
(d) Any resolution or resolutions authorizing any notes or bonds or any issue of notes or bonds may contain provisions, which shall be a part of the contract with the holders of the notes or bonds, as to: (1) Pledging all or any part of the fees and charges made or received by the authority, and other moneys received or to be received, to secure the payment of the notes or bonds or of any issue of the notes or bonds, subject to such agreements with bondholders or noteholders as may then exist; (2) Pledging all or any part of the assets of the authority to secure the payment of the notes or bonds or of any issue of the notes or bonds, subject to such agreements with noteholders or bondholders as may then exist; (3) The setting aside of reserves or sinking funds and the regulation and disposition of the reserves or sinking funds; (4) Limitations on the purpose to which the proceeds of sale of notes or bonds may be applied and pledging the proceeds to secure the payment of the notes or bonds or of any issue of the notes or bonds; (5) Limitations on: (A) The issuance of additional notes or bonds; (B) The terms upon which additional notes or bonds may be issued and secured; and (C) The refunding of outstanding or other notes or bonds; (6) The procedure, if any, by which the terms of any contract with noteholders or bondholders may be amended or abrogated, the amount of notes or bonds the holders of which must consent to the amendment or abrogation, and the manner in which consent may be given; (7) Limitations on the amount of moneys to be expended by the authority for operating, administrative or other expenses of the authority; (8) Vesting in a trustee or trustees such property, rights, powers and duties in trust as the authority may determine, which may include any or all of the rights, powers and duties of the trustee appointed by the bondholders pursuant to this part, and limiting or abrogating the right of the bondholders to appoint a trustee under this part or limiting the rights, powers and duties of the trustee; or (9) Any other matters, of like or different character, that in any way affect the security or protection of the notes or bonds.
(1) Pledging all or any part of the fees and charges made or received by the authority, and other moneys received or to be received, to secure the payment of the notes or bonds or of any issue of the notes or bonds, subject to such agreements with bondholders or noteholders as may then exist;
(2) Pledging all or any part of the assets of the authority to secure the payment of the notes or bonds or of any issue of the notes or bonds, subject to such agreements with noteholders or bondholders as may then exist;
(3) The setting aside of reserves or sinking funds and the regulation and disposition of the reserves or sinking funds;
(4) Limitations on the purpose to which the proceeds of sale of notes or bonds may be applied and pledging the proceeds to secure the payment of the notes or bonds or of any issue of the notes or bonds;
(5) Limitations on: (A) The issuance of additional notes or bonds; (B) The terms upon which additional notes or bonds may be issued and secured; and (C) The refunding of outstanding or other notes or bonds;
(A) The issuance of additional notes or bonds;
(B) The terms upon which additional notes or bonds may be issued and secured; and
(C) The refunding of outstanding or other notes or bonds;
(6) The procedure, if any, by which the terms of any contract with noteholders or bondholders may be amended or abrogated, the amount of notes or bonds the holders of which must consent to the amendment or abrogation, and the manner in which consent may be given;
(7) Limitations on the amount of moneys to be expended by the authority for operating, administrative or other expenses of the authority;
(8) Vesting in a trustee or trustees such property, rights, powers and duties in trust as the authority may determine, which may include any or all of the rights, powers and duties of the trustee appointed by the bondholders pursuant to this part, and limiting or abrogating the right of the bondholders to appoint a trustee under this part or limiting the rights, powers and duties of the trustee; or
(9) Any other matters, of like or different character, that in any way affect the security or protection of the notes or bonds.
(e) (1) It is the intention of this section that: (A) Any pledge made by the authority shall be valid and binding from the time the pledge is made; (B) The moneys or property so pledged and thereafter received by the authority shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act; and (C) The lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the authority, regardless of whether the parties have notice thereof. (2) Neither the resolution nor any other instrument by which a pledge is created need be recorded.
(1) It is the intention of this section that: (A) Any pledge made by the authority shall be valid and binding from the time the pledge is made; (B) The moneys or property so pledged and thereafter received by the authority shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act; and (C) The lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the authority, regardless of whether the parties have notice thereof.
(A) Any pledge made by the authority shall be valid and binding from the time the pledge is made;
(B) The moneys or property so pledged and thereafter received by the authority shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act; and
(C) The lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the authority, regardless of whether the parties have notice thereof.
(2) Neither the resolution nor any other instrument by which a pledge is created need be recorded.
(f) Neither the members of the authority nor any person executing the notes or bonds shall be liable personally on the notes or bonds or be subject to any personal liability or accountability by reason of the issuance of the notes or bonds.
(g) The authority, subject to such agreements with noteholders or bondholders as may then exist, shall have power, out of any funds available for the purchase of the notes or bonds, to purchase notes or bonds of the authority, which shall thereupon be cancelled, at a price not exceeding: (1) If the notes or bonds are then redeemable, the redemption price then applicable plus accrued interest to the next interest payment date on the notes or bonds; or (2) If the notes or bonds are not then redeemable, the redemption price applicable on the first date after such purchase upon which the notes or bonds become subject to redemption plus accrued interest to such date.
(1) If the notes or bonds are then redeemable, the redemption price then applicable plus accrued interest to the next interest payment date on the notes or bonds; or
(2) If the notes or bonds are not then redeemable, the redemption price applicable on the first date after such purchase upon which the notes or bonds become subject to redemption plus accrued interest to such date.
(h) The state shall not be liable on notes or bonds of the authority and the notes and bonds shall not be a debt of the state; and the notes and bonds shall contain on the face of the notes and bonds a statement to that effect.
(i) Bonds or notes issued pursuant to this part to provide funds to make educational loans may be issued in a principal amount not to exceed five million dollars ($5,000,000) and shall be issued and secured separate and apart from any bonds or notes of the authority issued pursuant to this part to provide funds to finance other projects for institutions.
(j) (1) The state does pledge to and agree with the holders of any notes or bonds issued under this part that the state will not limit or alter the rights vested in the authority to fulfill the terms of any agreements made with the holders of the notes or bonds, or in any way impair the rights and remedies of the holders until the notes or bonds, together with the interest on the notes or bonds, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of the holders, are fully met and discharged. (2) The authority is authorized to include this pledge and agreement of the state in any agreement with the holders of the notes or bonds.
(1) The state does pledge to and agree with the holders of any notes or bonds issued under this part that the state will not limit or alter the rights vested in the authority to fulfill the terms of any agreements made with the holders of the notes or bonds, or in any way impair the rights and remedies of the holders until the notes or bonds, together with the interest on the notes or bonds, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of the holders, are fully met and discharged.
(2) The authority is authorized to include this pledge and agreement of the state in any agreement with the holders of the notes or bonds.
(k) For the enforcement of any loan agreement, the authority shall have all remedies provided to bondholders pursuant to § 9-21-216 with respect to the local governments as defined by § 49-3-1202 .
(l) With respect to all or any portion of any issue of bonds issued or anticipated to be issued under this part, the authority may authorize and enter into interest rate swap or exchange agreements, agreements establishing interest rate floors or ceilings or both, and other interest rate hedging agreements and options in respect to the bonds, from time to time and under such terms and conditions as the authority may determine, including, without limitation, provisions permitting the authority to pay to or receive from any person or entity for any loss of benefits under the agreement upon early termination of the agreement or default under the agreement.
(m) The authority may enter into an agreement to sell its bonds under this part providing for delivery of its bonds not more than five (5) years, or such greater period of time if approved by the comptroller of the treasury, from the date of execution of the agreement or in the case of refunding bonds the earlier of the first date on which the bonds being refunded can be optionally redeemed resulting in cost savings or be optionally redeemed at par.
(n) For the purpose of ensuring that the bonds or notes issued after March 8, 2016, pursuant to this part maintain their tax-exempt status as may be provided by the Internal Revenue Code of 1986 (26 U.S.C.), as amended, no state officer or employee or user of a project or school credit bond project shall authorize or allow any change, amendment, or modification to a project or school credit bond project financed or refinanced with the proceeds of such bonds or notes which change, amendment, or modification would affect the tax-exempt status of such bonds or notes unless the change, amendment, or modification receives the prior approval of the office of state and local finance in the office of the comptroller of the treasury and the authority. Failure to receive such approval shall render any change, amendment, or modification null and void.
Amended by 2016 Tenn. Acts, ch. 571, s 2, eff. 3/8/2016.
Acts 1965, ch. 256, §§ 7, 8; 1975, ch. 124, § 1; 1980, ch. 711, § 12; 1983, ch. 338, § 4; T.C.A., §§ 49-3518, 49-3519; Acts 1998, ch. 665, § 1; 1999, ch. 429, §§ 6, 7; 2009 , ch. 601, §§ 6, 7; 2010 , ch. 943, § 1.
Tenn. Code Ann. § 49-7-1904 — TN Code / Title 49 / Chapter 7 / Section 49-7-1904
Restrictions on divisive concepts
Status: in_force

(a) A public institution of higher education shall not: (1) Conduct any mandatory training of students or employees if the training includes one (1) or more divisive concepts; (2) Use training programs or training materials for students or employees if the program or material includes one (1) or more divisive concepts; (3) Use state-appropriated funds to incentivize, beyond payment of regular salary or other regular compensation, a faculty member to incorporate one (1) or more divisive concepts into academic curricula; or (4) Approve or use state funds for fees, dues, subscriptions, or travel in conjunction with the membership, meetings, or activities of an organization if participation in such organization requires an individual, or an individual's employer, to endorse or promote a divisive concept. (b) (1) If a public institution of higher education employs an individual whose primary job title includes diversity, equity, or inclusion, then: (A) The institution must ensure that the employee's efforts strengthen and increase intellectual diversity and promote a climate that facilitates the free and respectful exchange of ideas; and (B) The institution must ensure that the employee's duties include efforts devoted to supporting student academic achievement and workforce readiness, such as mentoring, career readiness and support, workforce development, or other related learning support activities necessary for the academic and professional success of all students. (2) Employees whose job title includes diversity, equity, or inclusion but whose primary duties require compliance with state or federal law that conflicts with subdivision (b)(1) are exempt from this subsection (b). (c) Each public institution of higher education shall ensure that the institution complies with subsection (b). The institution shall submit a report directly to the institution's chief executive on how the institution is complying with subdivision (b)(1). If the institution is part of a university system, then the report must be submitted to the system's chief executive for review after the report is submitted to the institution's chief executive. (d) (1) A public institution of higher education shall notify students and employees of the institution on the restrictions in § 49-7-1903 and the definition of divisive concepts in § 49-7-1902 by including such information on the institution's website and on introductory materials provided by the institution to new students and employees. (2) Institutions shall provide employee training to ensure compliance with this part. Amended by 2024 Tenn. Acts, ch. 815,s 1, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 268, s 5, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 268, s 4, eff. 7/1/2023. Added by 2022 Tenn. Acts, ch. 818, s 5, eff. 4/8/2022.
(a) A public institution of higher education shall not: (1) Conduct any mandatory training of students or employees if the training includes one (1) or more divisive concepts; (2) Use training programs or training materials for students or employees if the program or material includes one (1) or more divisive concepts; (3) Use state-appropriated funds to incentivize, beyond payment of regular salary or other regular compensation, a faculty member to incorporate one (1) or more divisive concepts into academic curricula; or (4) Approve or use state funds for fees, dues, subscriptions, or travel in conjunction with the membership, meetings, or activities of an organization if participation in such organization requires an individual, or an individual's employer, to endorse or promote a divisive concept.
(1) Conduct any mandatory training of students or employees if the training includes one (1) or more divisive concepts;
(2) Use training programs or training materials for students or employees if the program or material includes one (1) or more divisive concepts;
(3) Use state-appropriated funds to incentivize, beyond payment of regular salary or other regular compensation, a faculty member to incorporate one (1) or more divisive concepts into academic curricula; or
(4) Approve or use state funds for fees, dues, subscriptions, or travel in conjunction with the membership, meetings, or activities of an organization if participation in such organization requires an individual, or an individual's employer, to endorse or promote a divisive concept.
(b) (1) If a public institution of higher education employs an individual whose primary job title includes diversity, equity, or inclusion, then: (A) The institution must ensure that the employee's efforts strengthen and increase intellectual diversity and promote a climate that facilitates the free and respectful exchange of ideas; and (B) The institution must ensure that the employee's duties include efforts devoted to supporting student academic achievement and workforce readiness, such as mentoring, career readiness and support, workforce development, or other related learning support activities necessary for the academic and professional success of all students. (2) Employees whose job title includes diversity, equity, or inclusion but whose primary duties require compliance with state or federal law that conflicts with subdivision (b)(1) are exempt from this subsection (b).
(1) If a public institution of higher education employs an individual whose primary job title includes diversity, equity, or inclusion, then: (A) The institution must ensure that the employee's efforts strengthen and increase intellectual diversity and promote a climate that facilitates the free and respectful exchange of ideas; and (B) The institution must ensure that the employee's duties include efforts devoted to supporting student academic achievement and workforce readiness, such as mentoring, career readiness and support, workforce development, or other related learning support activities necessary for the academic and professional success of all students.
(A) The institution must ensure that the employee's efforts strengthen and increase intellectual diversity and promote a climate that facilitates the free and respectful exchange of ideas; and
(B) The institution must ensure that the employee's duties include efforts devoted to supporting student academic achievement and workforce readiness, such as mentoring, career readiness and support, workforce development, or other related learning support activities necessary for the academic and professional success of all students.
(2) Employees whose job title includes diversity, equity, or inclusion but whose primary duties require compliance with state or federal law that conflicts with subdivision (b)(1) are exempt from this subsection (b).
(c) Each public institution of higher education shall ensure that the institution complies with subsection (b). The institution shall submit a report directly to the institution's chief executive on how the institution is complying with subdivision (b)(1). If the institution is part of a university system, then the report must be submitted to the system's chief executive for review after the report is submitted to the institution's chief executive.
(d) (1) A public institution of higher education shall notify students and employees of the institution on the restrictions in § 49-7-1903 and the definition of divisive concepts in § 49-7-1902 by including such information on the institution's website and on introductory materials provided by the institution to new students and employees. (2) Institutions shall provide employee training to ensure compliance with this part.
(1) A public institution of higher education shall notify students and employees of the institution on the restrictions in § 49-7-1903 and the definition of divisive concepts in § 49-7-1902 by including such information on the institution's website and on introductory materials provided by the institution to new students and employees.
(2) Institutions shall provide employee training to ensure compliance with this part.
Amended by 2024 Tenn. Acts, ch. 815,s 1, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 268, s 5, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 268, s 4, eff. 7/1/2023.
Added by 2022 Tenn. Acts, ch. 818, s 5, eff. 4/8/2022.
Tenn. Code Ann. § 49-1-1208 — TN Code / Title 49 / Chapter 1 / Section 49-1-1208
Scope of part
Status: in_force

(a) This part does not limit, modify, or supersede title 29, chapter 39. (b) This part does not infringe on any right or protection provided under the Individuals with Disabilities Education Act ( 20 U.S.C. § 1400 et seq.), or Section 504 of the Rehabilitation Act ( 29 U.S.C. § 794 ). Nothing in this part applies to an action brought under federal or state law by a student or the student's parent or representative based on the student's disability. Added by 2017 Tenn. Acts, ch. 407,s 1, eff. 7/1/2017.
(a) This part does not limit, modify, or supersede title 29, chapter 39.
(b) This part does not infringe on any right or protection provided under the Individuals with Disabilities Education Act ( 20 U.S.C. § 1400 et seq.), or Section 504 of the Rehabilitation Act ( 29 U.S.C. § 794 ). Nothing in this part applies to an action brought under federal or state law by a student or the student's parent or representative based on the student's disability.
Added by 2017 Tenn. Acts, ch. 407,s 1, eff. 7/1/2017.
Tenn. Code Ann. § 49-7-156 — TN Code / Title 49 / Chapter 7 / Section 49-7-156
No discrimination or denial of recognition to student organization on basis of religious content of organization's speech - Restricting membership to persons professing the faith of the group is allowed
Status: in_force

(a) No state higher education institution that grants recognition to any student organization shall discriminate against or deny recognition to a student organization, or deny to a student organization access to programs, funding, or facilities otherwise available to another student organization, on the basis of: (1) The religious content of the organization's speech including, but not limited to, worship; or (2) The organization's exercise of its rights pursuant to subsection (b). (b) A religious student organization may determine that the organization's religious mission requires that only persons professing the faith of the group and comporting themselves in conformity with it qualify to serve as members or leaders. (c) As used in this section, "state higher education institution" means any higher education institution governed by chapter 8 or 9 of this title. Added by 2013 Tenn. Acts, ch. 283,s 1, eff. 7/1/2013.
(a) No state higher education institution that grants recognition to any student organization shall discriminate against or deny recognition to a student organization, or deny to a student organization access to programs, funding, or facilities otherwise available to another student organization, on the basis of: (1) The religious content of the organization's speech including, but not limited to, worship; or (2) The organization's exercise of its rights pursuant to subsection (b).
(1) The religious content of the organization's speech including, but not limited to, worship; or
(2) The organization's exercise of its rights pursuant to subsection (b).
(b) A religious student organization may determine that the organization's religious mission requires that only persons professing the faith of the group and comporting themselves in conformity with it qualify to serve as members or leaders.
(c) As used in this section, "state higher education institution" means any higher education institution governed by chapter 8 or 9 of this title.
Added by 2013 Tenn. Acts, ch. 283,s 1, eff. 7/1/2013.
Tenn. Code Ann. § 49-2-128 — TN Code / Title 49 / Chapter 2 / Section 49-2-128
Identification of schools with spaces for additional students - Open enrollment period - Application for transfer - Lottery - Responsibility for transportation
Status: in_force

(a) Before the start of each school year, an LEA shall identify each school that, based on the school's capacities at the building, grade, class, and program levels, has space available to enroll and serve additional students. In determining available space at the class level, an LEA may use the class size averages specified in § 49-1-104 . (b) (1) An LEA shall post the number of spaces available for enrollment in each school by grade, class, and program levels on the LEA's website at least fourteen (14) days before the beginning of the open enrollment period under subsection (c). An LEA shall not include in the number of spaces available for enrollment under this subdivision (b)(1) the number of enrollment spaces that are reserved by the LEA pursuant to subdivision (b)(2). (2) An LEA may reserve a reasonable number of enrollment spaces each school year from the number of spaces, if any, determined by the LEA to be available for enrollment for purposes of this section, to accommodate the potential enrollment of students who may relocate within the respective school zone, students who may have a sibling enrolled at the respective school, and students who may have a parent who teaches at the respective school. (c) Before the start of each school year, each LEA shall conduct an open enrollment period of at least thirty (30) days during which a parent or guardian of a student residing within the LEA may apply for enrollment of the parent's or guardian's student in a school that the student is not zoned to attend. During the open enrollment period, a parent or guardian may submit an application for transfer to a school identified by the LEA as having space available to enroll and serve additional students. (d) At the end of the open enrollment period, an LEA shall approve an application for transfer if space is available for the student at the requested school. If the number of applications for transfer to a school exceeds the number of spaces available for enrollment in the school at the building, grade, class, or program level, as identified by the LEA according to subsection (b), then the LEA shall conduct a lottery to select the students who may transfer to the school. (e) If an LEA grants a transfer to a student, then the parent or guardian of the student is responsible for transportation to the new school. The student must maintain satisfactory attendance, behavior, and effort to remain in the new school. (f) (1) An LEA shall not deny a student who is zoned to attend or who was enrolled in a school during the previous school year enrollment and attendance in the school. (2) (A) An LEA shall not admit a nonresident student seeking to transfer into the LEA from outside the LEA under §§ 49-6-3104 and 49-6-3105 before all applications for transfer under subsection (c) have been acted upon according to subsection (d). (B) Notwithstanding subdivision (f)(2)(A), an LEA may enroll a nonresident student pursuant to § 49-6-3113 before all applications for transfer under subsection (c) have been acted upon according to subsection (d). Amended by 2021 Tenn. Acts, ch. 479, s 1, eff. 5/18/2021. Added by 2013 Tenn. Acts, ch. 411, s 1, eff. 7/1/2013.
(a) Before the start of each school year, an LEA shall identify each school that, based on the school's capacities at the building, grade, class, and program levels, has space available to enroll and serve additional students. In determining available space at the class level, an LEA may use the class size averages specified in § 49-1-104 .
(b) (1) An LEA shall post the number of spaces available for enrollment in each school by grade, class, and program levels on the LEA's website at least fourteen (14) days before the beginning of the open enrollment period under subsection (c). An LEA shall not include in the number of spaces available for enrollment under this subdivision (b)(1) the number of enrollment spaces that are reserved by the LEA pursuant to subdivision (b)(2). (2) An LEA may reserve a reasonable number of enrollment spaces each school year from the number of spaces, if any, determined by the LEA to be available for enrollment for purposes of this section, to accommodate the potential enrollment of students who may relocate within the respective school zone, students who may have a sibling enrolled at the respective school, and students who may have a parent who teaches at the respective school.
(1) An LEA shall post the number of spaces available for enrollment in each school by grade, class, and program levels on the LEA's website at least fourteen (14) days before the beginning of the open enrollment period under subsection (c). An LEA shall not include in the number of spaces available for enrollment under this subdivision (b)(1) the number of enrollment spaces that are reserved by the LEA pursuant to subdivision (b)(2).
(2) An LEA may reserve a reasonable number of enrollment spaces each school year from the number of spaces, if any, determined by the LEA to be available for enrollment for purposes of this section, to accommodate the potential enrollment of students who may relocate within the respective school zone, students who may have a sibling enrolled at the respective school, and students who may have a parent who teaches at the respective school.
(c) Before the start of each school year, each LEA shall conduct an open enrollment period of at least thirty (30) days during which a parent or guardian of a student residing within the LEA may apply for enrollment of the parent's or guardian's student in a school that the student is not zoned to attend. During the open enrollment period, a parent or guardian may submit an application for transfer to a school identified by the LEA as having space available to enroll and serve additional students.
(d) At the end of the open enrollment period, an LEA shall approve an application for transfer if space is available for the student at the requested school. If the number of applications for transfer to a school exceeds the number of spaces available for enrollment in the school at the building, grade, class, or program level, as identified by the LEA according to subsection (b), then the LEA shall conduct a lottery to select the students who may transfer to the school.
(e) If an LEA grants a transfer to a student, then the parent or guardian of the student is responsible for transportation to the new school. The student must maintain satisfactory attendance, behavior, and effort to remain in the new school.
(f) (1) An LEA shall not deny a student who is zoned to attend or who was enrolled in a school during the previous school year enrollment and attendance in the school. (2) (A) An LEA shall not admit a nonresident student seeking to transfer into the LEA from outside the LEA under §§ 49-6-3104 and 49-6-3105 before all applications for transfer under subsection (c) have been acted upon according to subsection (d). (B) Notwithstanding subdivision (f)(2)(A), an LEA may enroll a nonresident student pursuant to § 49-6-3113 before all applications for transfer under subsection (c) have been acted upon according to subsection (d).
(1) An LEA shall not deny a student who is zoned to attend or who was enrolled in a school during the previous school year enrollment and attendance in the school.
(2) (A) An LEA shall not admit a nonresident student seeking to transfer into the LEA from outside the LEA under §§ 49-6-3104 and 49-6-3105 before all applications for transfer under subsection (c) have been acted upon according to subsection (d). (B) Notwithstanding subdivision (f)(2)(A), an LEA may enroll a nonresident student pursuant to § 49-6-3113 before all applications for transfer under subsection (c) have been acted upon according to subsection (d).
(A) An LEA shall not admit a nonresident student seeking to transfer into the LEA from outside the LEA under §§ 49-6-3104 and 49-6-3105 before all applications for transfer under subsection (c) have been acted upon according to subsection (d).
(B) Notwithstanding subdivision (f)(2)(A), an LEA may enroll a nonresident student pursuant to § 49-6-3113 before all applications for transfer under subsection (c) have been acted upon according to subsection (d).
Amended by 2021 Tenn. Acts, ch. 479, s 1, eff. 5/18/2021.
Added by 2013 Tenn. Acts, ch. 411, s 1, eff. 7/1/2013.
Tenn. Code Ann. § 49-1-310 — TN Code / Title 49 / Chapter 1 / Section 49-1-310
Implementation of process to review and replace Common Core State Standards - Cancellation of memorandum of understanding
Status: in_force

(a) The state board of education shall implement a process whereby the set of standards known as the Common Core State Standards adopted in 2010 will be reviewed and shall be replaced with new sets of standards adopted to fit the needs of Tennessee students. These postsecondary-and-workforce-ready standards shall be adopted through an open, transparent process that allows all Tennesseans an opportunity to participate. These standards shall be adopted and fully implemented in Tennessee public schools in the 2017-2018 school year. (b) The state board of education or the department of education shall cancel any memorandum of understanding concerning the Common Core State Standards entered into with the National Governor's Association and the Council of Chief State School Officers. Added by 2015 Tenn. Acts, ch. 423,s 1, eff. 5/11/2015.
(a) The state board of education shall implement a process whereby the set of standards known as the Common Core State Standards adopted in 2010 will be reviewed and shall be replaced with new sets of standards adopted to fit the needs of Tennessee students. These postsecondary-and-workforce-ready standards shall be adopted through an open, transparent process that allows all Tennesseans an opportunity to participate. These standards shall be adopted and fully implemented in Tennessee public schools in the 2017-2018 school year.
(b) The state board of education or the department of education shall cancel any memorandum of understanding concerning the Common Core State Standards entered into with the National Governor's Association and the Council of Chief State School Officers.
Added by 2015 Tenn. Acts, ch. 423,s 1, eff. 5/11/2015.
Tenn. Code Ann. § 49-50-1004 — TN Code / Title 49 / Chapter 50 / Section 49-50-1004
Tennessee School for the Blind
Status: in_force

(a) The school for the instruction of students who are blind or visually impaired in Nashville shall be a body corporate by the name of "Tennessee School for the Blind." (b) The corporation has the right to: (1) Sue in law or equity; (2) Receive donations of money from any source for the benefit of the school; (3) Take and hold property, real and personal, for its use and benefit as a school; and (4) Have a seal and such corporate rights and powers as are necessary and proper to effect the end of its creation, the education of students who are blind or visually impaired. (c) The land, buildings, and appurtenances used by the Tennessee School for the Blind are the property of this state. (d) The commissioner may: (1) Administer and manage the household and domestic affairs of the school; (2) Implement policies and guidelines of the state board of education relative to the school; and (3) Establish a work training program for adults who are blind or visually impaired. (e) Any student three (3) through twenty-one (21) years of age, both inclusive, who is a resident of this state and who has a visual impairment, including either partial sight or blindness, even with correction, that adversely affects the student's educational performance is eligible for admission to the Tennessee School for the Blind. (f) The director of schools for the Tennessee School for the Blind may admit eligible students who have been evaluated and referred by the student's individualized education program team, as defined by § 49-10-102 , for services at the school as the most appropriate placement within the least restrictive environment. (g) Students admitted to the Tennessee School for the Blind who are residents of this state shall not be charged tuition. (h) The Tennessee School for the Blind is authorized to implement programs and install facilities for career and technical education. Added by 2019 Tenn. Acts, ch. 107, s 41, eff. 4/11/2019.
(a) The school for the instruction of students who are blind or visually impaired in Nashville shall be a body corporate by the name of "Tennessee School for the Blind."
(b) The corporation has the right to: (1) Sue in law or equity; (2) Receive donations of money from any source for the benefit of the school; (3) Take and hold property, real and personal, for its use and benefit as a school; and (4) Have a seal and such corporate rights and powers as are necessary and proper to effect the end of its creation, the education of students who are blind or visually impaired.
(1) Sue in law or equity;
(2) Receive donations of money from any source for the benefit of the school;
(3) Take and hold property, real and personal, for its use and benefit as a school; and
(4) Have a seal and such corporate rights and powers as are necessary and proper to effect the end of its creation, the education of students who are blind or visually impaired.
(c) The land, buildings, and appurtenances used by the Tennessee School for the Blind are the property of this state.
(d) The commissioner may: (1) Administer and manage the household and domestic affairs of the school; (2) Implement policies and guidelines of the state board of education relative to the school; and (3) Establish a work training program for adults who are blind or visually impaired.
(1) Administer and manage the household and domestic affairs of the school;
(2) Implement policies and guidelines of the state board of education relative to the school; and
(3) Establish a work training program for adults who are blind or visually impaired.
(e) Any student three (3) through twenty-one (21) years of age, both inclusive, who is a resident of this state and who has a visual impairment, including either partial sight or blindness, even with correction, that adversely affects the student's educational performance is eligible for admission to the Tennessee School for the Blind.
(f) The director of schools for the Tennessee School for the Blind may admit eligible students who have been evaluated and referred by the student's individualized education program team, as defined by § 49-10-102 , for services at the school as the most appropriate placement within the least restrictive environment.
(g) Students admitted to the Tennessee School for the Blind who are residents of this state shall not be charged tuition.
(h) The Tennessee School for the Blind is authorized to implement programs and install facilities for career and technical education.
Added by 2019 Tenn. Acts, ch. 107, s 41, eff. 4/11/2019.
Tenn. Code Ann. § 49-6-2101 — TN Code / Title 49 / Chapter 6 / Section 49-6-2101
Power of boards to provide transportation
Status: in_force

(a) Boards of education may provide school transportation facilities for children who live more than one and one-half (11/2) miles by the nearest accessible route from the school to which they are assigned by the board of education and in which they are enrolled. (b) Boards of education may, in their discretion, provide school transportation facilities for children who live less than one and one-half (11/2) miles by the nearest accessible route from the school in which they are enrolled, but the county shall not be entitled to receive state transportation funds for any student, other than children with physical disabilities, who live less than one and one-half (11/2) miles by the nearest accessible route from the school in which they are enrolled. (c) Nothing in this part shall be construed to prevent a board of education from transporting children with physical disabilities, regardless of the distance they live from school, under rules and regulations adopted by the state board of education with the approval of the commissioner of education. (d) Boards shall have power to purchase school transportation equipment, employ school transportation personnel, contract for transportation services with persons owning equipment and pay for such out of funds duly authorized in the budget approved by the county legislative body. (e) Appointed directors of schools, in employing school transportation personnel, and boards of education, in contracting for transportation services with persons owning equipment, are authorized to enter into contracts for such services for periods of time as long as, but not exceeding, six (6) years from the date of making the contracts, it being the purpose of this section to permit a reasonable degree of employment security for such school transportation personnel. (f) (1) No board of education shall use or authorize the use of any school transportation facilities for the purpose of achieving a racial balance or racial imbalance in any school by requiring the transportation of any student or pupil from one school to another or from one school district established for such student or pupil's neighborhood to another. (2) If the local board of education adopts any transportation plan or directive for the purpose of achieving racial balance, the governor may order that any or all parts of the state transportation funds shall be withheld from the local school board. (3) If the governor so orders, the commissioner and the state board of education shall withhold, or cause to be withheld, state transportation funds to local boards of education to the extent ordered by the governor. (g) Each LEA is encouraged to conduct an investigation to determine if any special hazard zones are present within all walking routes children commonly utilize going to and returning from schools. For the purposes of this subsection (g), special hazards shall include an absence of sidewalks, a highway with four (4) or more lanes, an intersection where right turn on red is prohibited, one (1) or more sexual offenders as defined in § 40-39-202 or violent sexual offenders as defined in § 40-39-202 reside in the area or any other condition that could affect the safety and well-being of children walking to school. If the LEA determines a special hazard zone is present, it shall submit its findings to the entity responsible for the road or highway. The entity responsible for the road or highway is encouraged to cooperate with the LEA to devise methods to minimize the hazardous conditions. (h) As used in this part, "school bus" means a motor vehicle owned by a public or governmental agency and operated for the transportation of children to or from school or privately owned and operated for compensation for the transportation of children to or from school. Amended by 2024 Tenn. Acts, ch. 836,s 1, eff. 7/1/2024. Amended by 2021 Tenn. Acts, ch. 146, s 1, eff. 4/13/2021. Acts 1947, ch. 92, § 1; 1949, ch. 233, § 1; C. Supp. 1950, § 2495.1 (Williams, § 2495.2); Acts 1957, ch. 10, § 1; 1957, ch. 400, § 1; 1970, ch. 491, § 1; 1972, ch. 567, § 1; T.C.A. (orig. ed.), § 49-2201; Acts 1992, ch. 535, § 51; 1992, ch. 657, § 6; 2008 , ch. 985, § 1.
(a) Boards of education may provide school transportation facilities for children who live more than one and one-half (11/2) miles by the nearest accessible route from the school to which they are assigned by the board of education and in which they are enrolled.
(b) Boards of education may, in their discretion, provide school transportation facilities for children who live less than one and one-half (11/2) miles by the nearest accessible route from the school in which they are enrolled, but the county shall not be entitled to receive state transportation funds for any student, other than children with physical disabilities, who live less than one and one-half (11/2) miles by the nearest accessible route from the school in which they are enrolled.
(c) Nothing in this part shall be construed to prevent a board of education from transporting children with physical disabilities, regardless of the distance they live from school, under rules and regulations adopted by the state board of education with the approval of the commissioner of education.
(d) Boards shall have power to purchase school transportation equipment, employ school transportation personnel, contract for transportation services with persons owning equipment and pay for such out of funds duly authorized in the budget approved by the county legislative body.
(e) Appointed directors of schools, in employing school transportation personnel, and boards of education, in contracting for transportation services with persons owning equipment, are authorized to enter into contracts for such services for periods of time as long as, but not exceeding, six (6) years from the date of making the contracts, it being the purpose of this section to permit a reasonable degree of employment security for such school transportation personnel.
(f) (1) No board of education shall use or authorize the use of any school transportation facilities for the purpose of achieving a racial balance or racial imbalance in any school by requiring the transportation of any student or pupil from one school to another or from one school district established for such student or pupil's neighborhood to another. (2) If the local board of education adopts any transportation plan or directive for the purpose of achieving racial balance, the governor may order that any or all parts of the state transportation funds shall be withheld from the local school board. (3) If the governor so orders, the commissioner and the state board of education shall withhold, or cause to be withheld, state transportation funds to local boards of education to the extent ordered by the governor.
(1) No board of education shall use or authorize the use of any school transportation facilities for the purpose of achieving a racial balance or racial imbalance in any school by requiring the transportation of any student or pupil from one school to another or from one school district established for such student or pupil's neighborhood to another.
(2) If the local board of education adopts any transportation plan or directive for the purpose of achieving racial balance, the governor may order that any or all parts of the state transportation funds shall be withheld from the local school board.
(3) If the governor so orders, the commissioner and the state board of education shall withhold, or cause to be withheld, state transportation funds to local boards of education to the extent ordered by the governor.
(g) Each LEA is encouraged to conduct an investigation to determine if any special hazard zones are present within all walking routes children commonly utilize going to and returning from schools. For the purposes of this subsection (g), special hazards shall include an absence of sidewalks, a highway with four (4) or more lanes, an intersection where right turn on red is prohibited, one (1) or more sexual offenders as defined in § 40-39-202 or violent sexual offenders as defined in § 40-39-202 reside in the area or any other condition that could affect the safety and well-being of children walking to school. If the LEA determines a special hazard zone is present, it shall submit its findings to the entity responsible for the road or highway. The entity responsible for the road or highway is encouraged to cooperate with the LEA to devise methods to minimize the hazardous conditions.
(h) As used in this part, "school bus" means a motor vehicle owned by a public or governmental agency and operated for the transportation of children to or from school or privately owned and operated for compensation for the transportation of children to or from school.
Amended by 2024 Tenn. Acts, ch. 836,s 1, eff. 7/1/2024.
Amended by 2021 Tenn. Acts, ch. 146, s 1, eff. 4/13/2021.
Acts 1947, ch. 92, § 1; 1949, ch. 233, § 1; C. Supp. 1950, § 2495.1 (Williams, § 2495.2); Acts 1957, ch. 10, § 1; 1957, ch. 400, § 1; 1970, ch. 491, § 1; 1972, ch. 567, § 1; T.C.A. (orig. ed.), § 49-2201; Acts 1992, ch. 535, § 51; 1992, ch. 657, § 6; 2008 , ch. 985, § 1.
Tenn. Code Ann. § 49-50-1201 — TN Code / Title 49 / Chapter 50 / Section 49-50-1201
Legislative findings and declaration
Status: in_force

The general assembly finds and declares that art supplies that contain toxic substances pose a serious and significant danger to the health and safety of school children. The general assembly also finds that school children are not sufficiently protected by present health laws in that materials that may threaten adverse health effects are not so labeled and, therefore, children are not properly warned as to the dangers inherent in the use of those materials. Acts 1985, ch. 348, § 1.
The general assembly finds and declares that art supplies that contain toxic substances pose a serious and significant danger to the health and safety of school children. The general assembly also finds that school children are not sufficiently protected by present health laws in that materials that may threaten adverse health effects are not so labeled and, therefore, children are not properly warned as to the dangers inherent in the use of those materials.
Acts 1985, ch. 348, § 1.
Tenn. Code Ann. § 49-13-135 — TN Code / Title 49 / Chapter 13 / Section 49-13-135
Method of calculating all terms and costs related to lease, lease-purchase agreement, or other contract or agreement between LEA and charter school
Status: in_force

An LEA shall establish a transparent and uniform method of calculating all terms and costs related to any lease, lease-purchase agreement, or other contract or agreement executed between the LEA and a charter school for the use of the LEA's educational facilities. The LEA shall retain and make available for audit, by the department of education, all records and any supporting documentation related to the execution of such a lease or agreement. Acts 2011, ch. 465, § 2.
An LEA shall establish a transparent and uniform method of calculating all terms and costs related to any lease, lease-purchase agreement, or other contract or agreement executed between the LEA and a charter school for the use of the LEA's educational facilities. The LEA shall retain and make available for audit, by the department of education, all records and any supporting documentation related to the execution of such a lease or agreement.
Acts 2011, ch. 465, § 2.
Tenn. Code Ann. § 49-6-2703 — TN Code / Title 49 / Chapter 6 / Section 49-6-2703
Immunity of threat assessment team
Status: in_force

A threat assessment team and individual members of a threat assessment team, and any person providing information to a threat assessment team, are not liable in any action for damages or for other relief for any lawful actions taken in accordance with this part. A threat assessment team and individual members of a threat assessment team are immune from liability arising from: (1) The provision of information to a threat assessment team, if the information is provided to the threat assessment team in good faith, without malice, and on the basis of facts known or reasonably believed to exist; or (2) Any decisions, opinions, actions, and proceedings rendered, entered, or acted upon by a threat assessment team within the scope or function of the duties of the threat assessment team if made in good faith, without malice, and on the basis of facts known or reasonably believed to exist. Acts 2019, ch. 394, § 1.
A threat assessment team and individual members of a threat assessment team, and any person providing information to a threat assessment team, are not liable in any action for damages or for other relief for any lawful actions taken in accordance with this part. A threat assessment team and individual members of a threat assessment team are immune from liability arising from:
(1) The provision of information to a threat assessment team, if the information is provided to the threat assessment team in good faith, without malice, and on the basis of facts known or reasonably believed to exist; or
(2) Any decisions, opinions, actions, and proceedings rendered, entered, or acted upon by a threat assessment team within the scope or function of the duties of the threat assessment team if made in good faith, without malice, and on the basis of facts known or reasonably believed to exist.
Acts 2019, ch. 394, § 1.
Tenn. Code Ann. § 49-3-1002 — TN Code / Title 49 / Chapter 3 / Section 49-3-1002
Issuance and sale
Status: in_force

(a) (1) The counties, through their respective county legislative bodies, are authorized to issue and sell bonds for the purposes and in the manner provided in this part. (2) All bonds issued under the authority of this part shall be sold for no less than ninety-eight percent (98%) of par value and accrued interest as the governing body of the county may direct. (b) (1) The bonds may be issued by the county legislative body of any county by resolution adopted by a majority of the members of the county legislative body at any regular, special or adjourned meeting of the county legislative body. (2) "A majority of the members of the county legislative body" means a majority of the duly qualified and acting members of the county legislative body; and where a vacancy or vacancies exist in the county legislative body, the vacancy or vacancies shall not be included in determining the membership of the county legislative body within the meaning of this subsection (b). (c) The bonds shall not be issued for any other purpose than expressed in this part, and any bonds issued pursuant to this part and the income from the bonds shall be exempt from all state, county and municipal taxation except for inheritance, transfer and estate taxes and except as otherwise provided in this code. (d) The bonds shall be known as school bonds or as general obligation school bonds, and shall bear interest at a zero (0) rate or at such rate or rates, which may vary from time to time, not exceeding the maximum rate provided in the resolution authorizing the bonds, payable at such time or times as may be provided in the resolution authorizing the bonds; and the bonds shall be due and payable in not more than forty (40) years from the date of their issuance. (e) The bonds shall be issued in such denominations and numbers, may be payable in such place or places, may carry such registration privileges, may be subject to such terms of redemption, with or without premium, all as may be provided in the resolution authorizing the bonds. Each bond shall recite on its face that it is issued pursuant to this part. (f) Each of the bonds shall be executed in such manner and by such officials as may be provided by resolution of the county legislative body of the county. (g) (1) The bonds shall be sold for cash by the county mayor; provided, that the sale shall be advertised for a period of not less than five (5) days next preceding the date of the sale. (2) The county legislative bodies are authorized to pay out of the bond proceeds the necessary expenses in the issuance and sale of the bonds. (h) With respect to all or any portion of any issue of bonds issued or anticipated to be issued under this part, at any time during the term of the bonds, and upon receipt of a report of the comptroller of the treasury or the comptroller's designee finding that the contracts and agreements authorized in this subsection (h) are in compliance with the guidelines, rules or regulations adopted or promulgated by the state funding board, as set forth in subsection (i), a county by resolution may authorize and enter into interest rate swap or exchange agreements, agreements establishing interest rate floors or ceilings or both, and other interest rate hedging agreements under such terms and conditions as the governing body of the county may determine, including, but not limited to, provisions permitting the county to pay to or receive from any person or entity any loss of benefits under such agreement upon early termination of the agreement or default under the agreement. (i) The governing body of a county may enter into an agreement to sell its bonds, other than its refunding bonds, under this chapter providing for delivery of its bonds on a date greater than ninety (90) days and not greater than five (5) years, or such greater period of time if approved by the comptroller of the treasury or the comptroller's designee, from the date of execution of the agreement or to sell its refunding bonds under this chapter providing for delivery of its refunding bonds on a date greater than ninety (90) days from the date of execution of the agreement and not greater than the first optional redemption date on which the bonds being refunded can be optionally redeemed resulting in cost savings or at par, whichever is earlier, only upon receipt of a report of the comptroller of the treasury or the comptroller's designee finding that the agreement or contract of a county to sell its bonds as authorized in this subsection (i) is in compliance with the guidelines, rules or regulations adopted or promulgated by the state funding board in accordance with subsection (j). Agreements to sell bonds and refunding bonds for delivery ninety (90) days or less from the date of execution of the agreement do not require a report of the comptroller of the treasury or the comptroller's designee. (j) The state funding board shall establish guidelines, rules or regulations with respect to the agreements and contracts referenced in subsections (h) and (i), which may include, but shall not be limited to: (1) The conditions under which the agreements or contracts can be entered into; (2) The methods by which the contracts are to be solicited and procured; (3) The form and content the contracts shall take; (4) The aspects of risk exposure associated with the contracts; (5) The standards and procedures for counterparty selection, including rating criteria; (6) The procurement of credit enhancement, liquidity facilities or the setting aside of reserves in connection with the contracts or agreements; (7) The methods of securing the financial interest in the contracts; (8) The methods to be used to reflect the contracts in the county's financial statements; (9) Financial monitoring and periodic assessment of the contracts by the county; (10) The application and source of nonperiodic payments; and (11) (A) Educational requirements for officials of any county responsible for approving any such contract or agreement; (B) Prior to the adoption by the governing body of the county of a resolution authorizing the contract or agreement, a request shall be submitted to the comptroller of the treasury or the comptroller's designee for a report finding that the contract or agreement is in compliance with the guidelines, rules or regulations of the state funding board. Within fifteen (15) days of receipt of the request, the comptroller of the treasury or the comptroller's designee shall determine whether the contract or agreement substantially complies with the guidelines, rules or regulations and shall report on the determination to the county. If the report of the comptroller of the treasury or the comptroller's designee finds that the contract or agreement complies with the guidelines, rules or regulations of the state funding board or the comptroller of the treasury or the comptroller's designee fails to report within the fifteen-day period, then the county may take such action with respect to the proposed contract or agreement as it deems advisable in accordance with this section and the guidelines, rules or regulations of the state funding board. If the report of the comptroller of the treasury or the comptroller's designee finds that the contract or agreement is not in compliance with the guidelines, rules or regulations, then the county is not authorized to enter into the contract or agreement. The guidelines, rules or regulations shall provide for an appeal process to a determination of noncompliance. (k) When entering into any contracts or agreements facilitating the issuance and sale of bonds, including contracts or agreements providing for liquidity and credit enhancement and reimbursement agreements relating thereto, interest rate swap or exchange agreements, agreements establishing interest rate floors or ceilings or both, other interest rate hedging agreements, and agreements with the purchaser of the bonds authorized under this section evidencing a transaction bearing a reasonable relationship to this state and also to another state or nation, the county may agree in the written contract or agreement that the rights and remedies of the parties to the contract or agreement shall be governed by the laws of this state or the laws of such other state or nation; provided, that jurisdiction over any county against which an action on such a contract or agreement is brought shall lie solely in a court in this state that would otherwise have jurisdiction of actions brought in contract against such county. Acts 1911, ch. 60, §§ 1-5, 11, 13; Shan., §§ 1442a5-1442a9, 1442a15, 1442a17; Acts 1920 (E.S.), ch. 7, § 1; mod. Code 1932, §§ 2557-2561, 2567, 2569; Acts 1947, ch. 102, § 3; 1949, ch. 240, § 1; C. Supp. 1950, §§ 2567, 2569; Acts 1953, ch. 149, §§ 1, 2 (Williams, § 2567.1); modified; Acts 1957, ch. 92, § 1; 1957, ch. 309, § 1; 1963, ch. 165, § 1; 1969, ch. 194, §§ 1, 2; 1969, ch. 283, § 5; 1970, ch. 428, §§ 5, 6; 1978, ch. 893, § 1; 1982, ch. 783, § 6; T.C.A. (orig. ed.), §§ 49-701 -- 49-709; Acts 1985, ch. 12, § 7; 1988, ch. 750, §§ 50, 51; 2001, ch. 253, §§ 18, 19; 2003, ch. 90, § 2.
(a) (1) The counties, through their respective county legislative bodies, are authorized to issue and sell bonds for the purposes and in the manner provided in this part. (2) All bonds issued under the authority of this part shall be sold for no less than ninety-eight percent (98%) of par value and accrued interest as the governing body of the county may direct.
(1) The counties, through their respective county legislative bodies, are authorized to issue and sell bonds for the purposes and in the manner provided in this part.
(2) All bonds issued under the authority of this part shall be sold for no less than ninety-eight percent (98%) of par value and accrued interest as the governing body of the county may direct.
(b) (1) The bonds may be issued by the county legislative body of any county by resolution adopted by a majority of the members of the county legislative body at any regular, special or adjourned meeting of the county legislative body. (2) "A majority of the members of the county legislative body" means a majority of the duly qualified and acting members of the county legislative body; and where a vacancy or vacancies exist in the county legislative body, the vacancy or vacancies shall not be included in determining the membership of the county legislative body within the meaning of this subsection (b).
(1) The bonds may be issued by the county legislative body of any county by resolution adopted by a majority of the members of the county legislative body at any regular, special or adjourned meeting of the county legislative body.
(2) "A majority of the members of the county legislative body" means a majority of the duly qualified and acting members of the county legislative body; and where a vacancy or vacancies exist in the county legislative body, the vacancy or vacancies shall not be included in determining the membership of the county legislative body within the meaning of this subsection (b).
(c) The bonds shall not be issued for any other purpose than expressed in this part, and any bonds issued pursuant to this part and the income from the bonds shall be exempt from all state, county and municipal taxation except for inheritance, transfer and estate taxes and except as otherwise provided in this code.
(d) The bonds shall be known as school bonds or as general obligation school bonds, and shall bear interest at a zero (0) rate or at such rate or rates, which may vary from time to time, not exceeding the maximum rate provided in the resolution authorizing the bonds, payable at such time or times as may be provided in the resolution authorizing the bonds; and the bonds shall be due and payable in not more than forty (40) years from the date of their issuance.
(e) The bonds shall be issued in such denominations and numbers, may be payable in such place or places, may carry such registration privileges, may be subject to such terms of redemption, with or without premium, all as may be provided in the resolution authorizing the bonds. Each bond shall recite on its face that it is issued pursuant to this part.
(f) Each of the bonds shall be executed in such manner and by such officials as may be provided by resolution of the county legislative body of the county.
(g) (1) The bonds shall be sold for cash by the county mayor; provided, that the sale shall be advertised for a period of not less than five (5) days next preceding the date of the sale. (2) The county legislative bodies are authorized to pay out of the bond proceeds the necessary expenses in the issuance and sale of the bonds.
(1) The bonds shall be sold for cash by the county mayor; provided, that the sale shall be advertised for a period of not less than five (5) days next preceding the date of the sale.
(2) The county legislative bodies are authorized to pay out of the bond proceeds the necessary expenses in the issuance and sale of the bonds.
(h) With respect to all or any portion of any issue of bonds issued or anticipated to be issued under this part, at any time during the term of the bonds, and upon receipt of a report of the comptroller of the treasury or the comptroller's designee finding that the contracts and agreements authorized in this subsection (h) are in compliance with the guidelines, rules or regulations adopted or promulgated by the state funding board, as set forth in subsection (i), a county by resolution may authorize and enter into interest rate swap or exchange agreements, agreements establishing interest rate floors or ceilings or both, and other interest rate hedging agreements under such terms and conditions as the governing body of the county may determine, including, but not limited to, provisions permitting the county to pay to or receive from any person or entity any loss of benefits under such agreement upon early termination of the agreement or default under the agreement.
(i) The governing body of a county may enter into an agreement to sell its bonds, other than its refunding bonds, under this chapter providing for delivery of its bonds on a date greater than ninety (90) days and not greater than five (5) years, or such greater period of time if approved by the comptroller of the treasury or the comptroller's designee, from the date of execution of the agreement or to sell its refunding bonds under this chapter providing for delivery of its refunding bonds on a date greater than ninety (90) days from the date of execution of the agreement and not greater than the first optional redemption date on which the bonds being refunded can be optionally redeemed resulting in cost savings or at par, whichever is earlier, only upon receipt of a report of the comptroller of the treasury or the comptroller's designee finding that the agreement or contract of a county to sell its bonds as authorized in this subsection (i) is in compliance with the guidelines, rules or regulations adopted or promulgated by the state funding board in accordance with subsection (j). Agreements to sell bonds and refunding bonds for delivery ninety (90) days or less from the date of execution of the agreement do not require a report of the comptroller of the treasury or the comptroller's designee.
(j) The state funding board shall establish guidelines, rules or regulations with respect to the agreements and contracts referenced in subsections (h) and (i), which may include, but shall not be limited to: (1) The conditions under which the agreements or contracts can be entered into; (2) The methods by which the contracts are to be solicited and procured; (3) The form and content the contracts shall take; (4) The aspects of risk exposure associated with the contracts; (5) The standards and procedures for counterparty selection, including rating criteria; (6) The procurement of credit enhancement, liquidity facilities or the setting aside of reserves in connection with the contracts or agreements; (7) The methods of securing the financial interest in the contracts; (8) The methods to be used to reflect the contracts in the county's financial statements; (9) Financial monitoring and periodic assessment of the contracts by the county; (10) The application and source of nonperiodic payments; and (11) (A) Educational requirements for officials of any county responsible for approving any such contract or agreement; (B) Prior to the adoption by the governing body of the county of a resolution authorizing the contract or agreement, a request shall be submitted to the comptroller of the treasury or the comptroller's designee for a report finding that the contract or agreement is in compliance with the guidelines, rules or regulations of the state funding board. Within fifteen (15) days of receipt of the request, the comptroller of the treasury or the comptroller's designee shall determine whether the contract or agreement substantially complies with the guidelines, rules or regulations and shall report on the determination to the county. If the report of the comptroller of the treasury or the comptroller's designee finds that the contract or agreement complies with the guidelines, rules or regulations of the state funding board or the comptroller of the treasury or the comptroller's designee fails to report within the fifteen-day period, then the county may take such action with respect to the proposed contract or agreement as it deems advisable in accordance with this section and the guidelines, rules or regulations of the state funding board. If the report of the comptroller of the treasury or the comptroller's designee finds that the contract or agreement is not in compliance with the guidelines, rules or regulations, then the county is not authorized to enter into the contract or agreement. The guidelines, rules or regulations shall provide for an appeal process to a determination of noncompliance.
(1) The conditions under which the agreements or contracts can be entered into;
(2) The methods by which the contracts are to be solicited and procured;
(3) The form and content the contracts shall take;
(4) The aspects of risk exposure associated with the contracts;
(5) The standards and procedures for counterparty selection, including rating criteria;
(6) The procurement of credit enhancement, liquidity facilities or the setting aside of reserves in connection with the contracts or agreements;
(7) The methods of securing the financial interest in the contracts;
(8) The methods to be used to reflect the contracts in the county's financial statements;
(9) Financial monitoring and periodic assessment of the contracts by the county;
(10) The application and source of nonperiodic payments; and
(11) (A) Educational requirements for officials of any county responsible for approving any such contract or agreement; (B) Prior to the adoption by the governing body of the county of a resolution authorizing the contract or agreement, a request shall be submitted to the comptroller of the treasury or the comptroller's designee for a report finding that the contract or agreement is in compliance with the guidelines, rules or regulations of the state funding board. Within fifteen (15) days of receipt of the request, the comptroller of the treasury or the comptroller's designee shall determine whether the contract or agreement substantially complies with the guidelines, rules or regulations and shall report on the determination to the county. If the report of the comptroller of the treasury or the comptroller's designee finds that the contract or agreement complies with the guidelines, rules or regulations of the state funding board or the comptroller of the treasury or the comptroller's designee fails to report within the fifteen-day period, then the county may take such action with respect to the proposed contract or agreement as it deems advisable in accordance with this section and the guidelines, rules or regulations of the state funding board. If the report of the comptroller of the treasury or the comptroller's designee finds that the contract or agreement is not in compliance with the guidelines, rules or regulations, then the county is not authorized to enter into the contract or agreement. The guidelines, rules or regulations shall provide for an appeal process to a determination of noncompliance.
(A) Educational requirements for officials of any county responsible for approving any such contract or agreement;
(B) Prior to the adoption by the governing body of the county of a resolution authorizing the contract or agreement, a request shall be submitted to the comptroller of the treasury or the comptroller's designee for a report finding that the contract or agreement is in compliance with the guidelines, rules or regulations of the state funding board. Within fifteen (15) days of receipt of the request, the comptroller of the treasury or the comptroller's designee shall determine whether the contract or agreement substantially complies with the guidelines, rules or regulations and shall report on the determination to the county. If the report of the comptroller of the treasury or the comptroller's designee finds that the contract or agreement complies with the guidelines, rules or regulations of the state funding board or the comptroller of the treasury or the comptroller's designee fails to report within the fifteen-day period, then the county may take such action with respect to the proposed contract or agreement as it deems advisable in accordance with this section and the guidelines, rules or regulations of the state funding board. If the report of the comptroller of the treasury or the comptroller's designee finds that the contract or agreement is not in compliance with the guidelines, rules or regulations, then the county is not authorized to enter into the contract or agreement. The guidelines, rules or regulations shall provide for an appeal process to a determination of noncompliance.
(k) When entering into any contracts or agreements facilitating the issuance and sale of bonds, including contracts or agreements providing for liquidity and credit enhancement and reimbursement agreements relating thereto, interest rate swap or exchange agreements, agreements establishing interest rate floors or ceilings or both, other interest rate hedging agreements, and agreements with the purchaser of the bonds authorized under this section evidencing a transaction bearing a reasonable relationship to this state and also to another state or nation, the county may agree in the written contract or agreement that the rights and remedies of the parties to the contract or agreement shall be governed by the laws of this state or the laws of such other state or nation; provided, that jurisdiction over any county against which an action on such a contract or agreement is brought shall lie solely in a court in this state that would otherwise have jurisdiction of actions brought in contract against such county.
Acts 1911, ch. 60, §§ 1-5, 11, 13; Shan., §§ 1442a5-1442a9, 1442a15, 1442a17; Acts 1920 (E.S.), ch. 7, § 1; mod. Code 1932, §§ 2557-2561, 2567, 2569; Acts 1947, ch. 102, § 3; 1949, ch. 240, § 1; C. Supp. 1950, §§ 2567, 2569; Acts 1953, ch. 149, §§ 1, 2 (Williams, § 2567.1); modified; Acts 1957, ch. 92, § 1; 1957, ch. 309, § 1; 1963, ch. 165, § 1; 1969, ch. 194, §§ 1, 2; 1969, ch. 283, § 5; 1970, ch. 428, §§ 5, 6; 1978, ch. 893, § 1; 1982, ch. 783, § 6; T.C.A. (orig. ed.), §§ 49-701 -- 49-709; Acts 1985, ch. 12, § 7; 1988, ch. 750, §§ 50, 51; 2001, ch. 253, §§ 18, 19; 2003, ch. 90, § 2.
Tenn. Code Ann. § 49-7-124 — TN Code / Title 49 / Chapter 7 / Section 49-7-124
Jacob Nunley Act - Requirement of proving immunization against meningococcal disease - Exemptions
Status: in_force

(a) This section shall be known and may be cited as the "Jacob Nunley Act". (b) New incoming students at any public institution of higher learning in this state who live in on-campus student housing shall be required to produce proof of adequate immunization against meningococcal disease as recommended for adults in the current advisory committee on immunization practices "Recommended Adult Immunization Schedule" published by the centers for disease control and prevention. (c) A student may be exempted from the requirements of this section only under the following circumstances: (1) Where a physician licensed by the board of medical examiners, the board of osteopathic examiners or a health department certifies in writing that a particular vaccine is contraindicated for one (1) of the following reasons: (A) The individual meets the criteria for contraindication set forth in the manufacturer's vaccine package insert; (B) The individual meets the criteria for contraindication published by the centers for disease control or the advisory committee on immunization practices; or (C) In the best professional judgment of the physician, based upon the individual's medical condition and history, the risk of harm from the vaccine outweighs the potential benefit; (2) Where a parent or guardian or, in the case of an adult student, the student provides to the school a written statement, affirmed under penalties of perjury, that vaccination conflicts with the religious tenets and practices of the parent or guardian or, in the case of an adult student, the student. (d) Nothing in this section shall be construed to require a public institution of higher learning to provide or purchase vaccine against meningococcal disease. (e) The governing boards of each public institution of higher learning are authorized to promulgate rules and regulations to effectuate the purposes of this section. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (f) A public institution of higher education shall accept from a student proof of the student's prior or current military service as proof of any immunization required of the student for enrollment at the institution. (g) The governing board of each public institution of higher learning, in consultation with the department of health, shall promulgate rules regarding immunization requirements for students enrolled within each respective institution. All such rules must be promulgated in accordance with the Uniform Administrative Procedures Act. (h) Notwithstanding subsection (g), each public institution of higher learning shall strive to collect immunization records for students enrolling in the institution. Amended by 2017 Tenn. Acts, ch. 166,Secs.s1, s3 eff. 4/24/2017. Amended by 2016 Tenn. Acts, ch. 841,s 1, eff. 7/1/2016. Amended by 2013 Tenn. Acts, ch. 114,s 1, eff. 7/1/2013. Acts 2003, ch. 104, § 1.
(a) This section shall be known and may be cited as the "Jacob Nunley Act".
(b) New incoming students at any public institution of higher learning in this state who live in on-campus student housing shall be required to produce proof of adequate immunization against meningococcal disease as recommended for adults in the current advisory committee on immunization practices "Recommended Adult Immunization Schedule" published by the centers for disease control and prevention.
(c) A student may be exempted from the requirements of this section only under the following circumstances: (1) Where a physician licensed by the board of medical examiners, the board of osteopathic examiners or a health department certifies in writing that a particular vaccine is contraindicated for one (1) of the following reasons: (A) The individual meets the criteria for contraindication set forth in the manufacturer's vaccine package insert; (B) The individual meets the criteria for contraindication published by the centers for disease control or the advisory committee on immunization practices; or (C) In the best professional judgment of the physician, based upon the individual's medical condition and history, the risk of harm from the vaccine outweighs the potential benefit; (2) Where a parent or guardian or, in the case of an adult student, the student provides to the school a written statement, affirmed under penalties of perjury, that vaccination conflicts with the religious tenets and practices of the parent or guardian or, in the case of an adult student, the student.
(1) Where a physician licensed by the board of medical examiners, the board of osteopathic examiners or a health department certifies in writing that a particular vaccine is contraindicated for one (1) of the following reasons: (A) The individual meets the criteria for contraindication set forth in the manufacturer's vaccine package insert; (B) The individual meets the criteria for contraindication published by the centers for disease control or the advisory committee on immunization practices; or (C) In the best professional judgment of the physician, based upon the individual's medical condition and history, the risk of harm from the vaccine outweighs the potential benefit;
(A) The individual meets the criteria for contraindication set forth in the manufacturer's vaccine package insert;
(B) The individual meets the criteria for contraindication published by the centers for disease control or the advisory committee on immunization practices; or
(C) In the best professional judgment of the physician, based upon the individual's medical condition and history, the risk of harm from the vaccine outweighs the potential benefit;
(2) Where a parent or guardian or, in the case of an adult student, the student provides to the school a written statement, affirmed under penalties of perjury, that vaccination conflicts with the religious tenets and practices of the parent or guardian or, in the case of an adult student, the student.
(d) Nothing in this section shall be construed to require a public institution of higher learning to provide or purchase vaccine against meningococcal disease.
(e) The governing boards of each public institution of higher learning are authorized to promulgate rules and regulations to effectuate the purposes of this section. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(f) A public institution of higher education shall accept from a student proof of the student's prior or current military service as proof of any immunization required of the student for enrollment at the institution.
(g) The governing board of each public institution of higher learning, in consultation with the department of health, shall promulgate rules regarding immunization requirements for students enrolled within each respective institution. All such rules must be promulgated in accordance with the Uniform Administrative Procedures Act.
(h) Notwithstanding subsection (g), each public institution of higher learning shall strive to collect immunization records for students enrolling in the institution.
Amended by 2017 Tenn. Acts, ch. 166,Secs.s1, s3 eff. 4/24/2017.
Amended by 2016 Tenn. Acts, ch. 841,s 1, eff. 7/1/2016.
Amended by 2013 Tenn. Acts, ch. 114,s 1, eff. 7/1/2013.
Acts 2003, ch. 104, § 1.
Tenn. Code Ann. § 49-4-930-d-1 — TN Code / Title 49 / Chapter 4 / Section 49-4-930-d-1
2024 Tennessee Code Title 49 - EDUCATION (§§ 49-1-101 — 49-50-1703) Chapter 4 - FINANCIAL AID (§§ 49-4-101 — 49-4-1008) Part 9 - STATE LOTTERY PROCEEDS (§§ 49-4-901 — 49-4-944) Section 49-4-930 - [Effective 7/1/2025] Dual enrollment grant for high school students
Status: in_force

(a) As used in this section: (1) "Certificate" or "diploma" means a credential, other than a degree, the receipt of which indicates satisfactory completion of training in a technical education program of study offered by an eligible postsecondary institution; (2) "Course" includes a course taken at an eligible postsecondary institution, or the equivalent at a Tennessee college of applied technology; (3) "Eligible postsecondary institution" has the same meaning as defined in § 49-4-902 . "Eligible postsecondary institution" also means a private, nonprofit technical school that: (A) Has had its primary campus domiciled in this state for at least seventy-five (75) consecutive years; (B) Is accredited by the Council on Occupational Education; and (C) In addition to offering diploma, certificate, and associate degree programs, offers a baccalaureate degree through an articulation agreement with a regionally accredited postsecondary institution; (4) "Semester" has the same meaning as defined in § 49-4-902 ; (5) "TCAT" means a Tennessee college of applied technology operated by the board of regents; and (6) "Tuition," also referred to as "in-state tuition" or "maintenance fees," means the enrollment or registration fee charged for instruction in a course, which is calculated by multiplying a dollar amount by the number of semester credit hours in which a student enrolls, or the equivalent fee for a course measured by clock hours. "Tuition" does not include any other fees assessed by an institution to its students, including, but not limited to, mandatory fees, online or technology fees, application fees, book or material fees, access fees, course fees, or other fees charged to students for a specific purpose, activity, facility, or service, whether calculated on the number of credit hours or clock hours or whether charged as a flat rate. (b) It is the intent of the general assembly that the purposes of the dual enrollment grant are: (1) To provide an opportunity for Tennessee high school students to earn an initial technical credential or a semester of college credit by high school graduation, free of tuition and fees; and (2) To encourage TCATs to establish technical middle college programs, in partnership with local education agencies, that permit students to earn an advanced technical certificate or diploma by their high school graduation. (c) A high school student is eligible for a dual enrollment grant if the student: (1) Is a resident of this state, as classified pursuant to § 49-8-104 ; (2) Is admitted to an eligible postsecondary institution as a dual enrollment student, and if the student: (A) Is a junior or senior in high school; or (B) Has completed the eighth grade and is enrolled in a TCAT; and (3) Submits an application, as required by TSAC. (d) (1) A student may receive a dual enrollment grant for one (1) or more courses per semester at one (1) or more eligible postsecondary institutions. (2) To be eligible for a dual enrollment grant for a semester beyond the first semester of the student's receipt of a dual enrollment grant, the student must continue to meet all eligibility requirements for the grant and must achieve: (A) A minimum cumulative grade point average of 2.0 for all postsecondary courses attempted as a dual enrollment student while enrolled at a two-year or four-year eligible postsecondary institution; or (B) A minimum cumulative grade point average of 2.0 for all postsecondary courses attempted as a dual enrollment student while enrolled at a Tennessee college of applied technology. (3) Failure to maintain the grade point average requirement described in subdivision (d)(2)(A) or (d)(2)(B) permanently disqualifies the student from continuing eligibility for the grant at the type of institution at which the minimum grade point average was not maintained. (4) Notwithstanding subdivisions (d)(2) and (d)(3), a student enrolled in a clock hour course that is not completed within one (1) semester maintains eligibility for the grant in the subsequent semester if the student attends the number of clock hours required for grant disbursement for the course and continues to meet all other eligibility requirements. Continuing eligibility under this subdivision (d)(4) applies to a student previously enrolled in a clock hour course who transfers to another eligible postsecondary institution in the subsequent semester. (e) A course attempted by a dual enrollment student does not count toward the limitation on receiving a Tennessee HOPE scholarship under § 49-4-913 . (f) (1) If a dual enrollment student enrolls in an eligible public postsecondary institution after graduation from high school, then the eligible public postsecondary institution shall not deny credit toward an associate or baccalaureate degree for a college course taken as a dual enrollment student if the student successfully completed the course. If the dual enrollment course was not taken at the institution in which the student enrolls after graduation from high school, then the course must qualify for transfer credit. (2) Each TCAT shall reserve an enrollment slot for each dual enrollment student in the term immediately following the last term in which the student was enrolled in the TCAT as a dual enrollment student if space is available for the student at the TCAT in the program in which the student was previously enrolled. If space is unavailable in that term, then the student must be given enrollment priority when space becomes available at the TCAT in the program in which the student was previously enrolled. A TCAT may establish a deadline by which a dual enrollment student must indicate the student's intent to enroll in the term immediately following the student's last term as a dual enrollment student before the TCAT is required to reserve an enrollment slot for the student in accordance with this subdivision (f)(2). (g) Subject to the amounts appropriated by the general assembly and any law relating to a shortfall in funds available for postsecondary financial assistance from the net proceeds of the state lottery: (1) A student who is eligible to receive a dual enrollment grant pursuant to this section is eligible to receive a dual enrollment grant for no more than: (A) One thousand two hundred ninety-six (1,296) clock hours at a TCAT; or (B) Ten (10) courses measured by semester hours at an eligible postsecondary institution that offers degrees; (2) The award for a dual enrollment course taken at a TCAT is the average tuition established annually by the board of regents for regular in-state students at Tennessee colleges of applied technology, plus an additional dual enrollment access fee of five percent (5%) of the average tuition; (3) For the first five (5) dual enrollment semester-hour courses taken at an eligible postsecondary institution, the award for a dual enrollment grant is the average tuition established annually by the board of regents for regular in-state students at community colleges, plus an additional dual enrollment access fee of five percent (5%) of the average tuition; (4) Notwithstanding subdivision (g)(3), the award for a course taken at an eligible postsecondary institution, as described in subdivisions (a)(3)(A) - (C), that is one (1) of a student's first five (5) dual enrollment courses, is the award described in subdivision (g)(2) if the course satisfies the requirements of a certificate or diploma program; (5) An eligible public postsecondary institution shall not charge a student receiving a dual enrollment grant under subdivisions (g)(2)-(4) tuition or fees in excess of the student's dual enrollment grant award, as established in the respective subdivision. However, an eligible public postsecondary institution may charge a student receiving a dual enrollment grant costs actually incurred by the institution on the student's behalf, including, but not limited to, book and material costs, digital book and material costs, special examination fees, industry certification fees, and board examination fees; (6) For a student's sixth through tenth dual enrollment semester-hour courses taken at an eligible postsecondary institution, TSAC shall determine the award per semester credit hour; and (7) Any increase in the tuition rate upon which the dual enrollment grant award is established pursuant to subdivisions (g)(2) and (g)(3) is subject to the binding range of allowable percentage adjustment for tuition as annually approved by THEC pursuant to § 49-7-202(n)(3)(A) . (h) TSAC may promulgate rules to establish award amounts at eligible postsecondary institutions and to otherwise effectuate the intent and purposes of this section. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Amended by 2024 Tenn. Acts, ch. 925,s 7, eff. 7/1/2025. Amended by 2024 Tenn. Acts, ch. 581,s 1, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 227, s 1, eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 1116, s 3, eff. 7/1/2022. Amended by 2021 Tenn. Acts, ch. 536, s 1, eff. 1/1/2022. Amended by 2020 Tenn. Acts, ch. 794, Secs.s 45, s 46, s 47 eff. 8/1/2020. Amended by 2020 Tenn. Acts, ch. 794, s 44, eff. 8/1/2020. Amended by 2019 Tenn. Acts, ch. 482, s 1, eff. 7/1/2020. Amended by 2019 Tenn. Acts, ch. 482, s 2, eff. 7/1/2020. Amended by 2019 Tenn. Acts, ch. 463, s 1, eff. 7/1/2019. Amended by 2019 Tenn. Acts, ch. 463, s 2, eff. 7/1/2020. Amended by 2019 Tenn. Acts, ch. 203, s 2, eff. 7/1/2020. Amended by 2017 Tenn. Acts, ch. 471, s 1, eff. 5/30/2017. Amended by 2017 Tenn. Acts, ch. 328, s 5, eff. 5/9/2017. Acts 2005, ch. 481, § 21; 2008 , ch. 1142, §§ 10, 26; 2011 , ch. 427, §§ 1, 2; 2011 , ch. 488, § 8. This section is set out more than once due to postponed, multiple, or conflicting amendments.
(a) As used in this section: (1) "Certificate" or "diploma" means a credential, other than a degree, the receipt of which indicates satisfactory completion of training in a technical education program of study offered by an eligible postsecondary institution; (2) "Course" includes a course taken at an eligible postsecondary institution, or the equivalent at a Tennessee college of applied technology; (3) "Eligible postsecondary institution" has the same meaning as defined in § 49-4-902 . "Eligible postsecondary institution" also means a private, nonprofit technical school that: (A) Has had its primary campus domiciled in this state for at least seventy-five (75) consecutive years; (B) Is accredited by the Council on Occupational Education; and (C) In addition to offering diploma, certificate, and associate degree programs, offers a baccalaureate degree through an articulation agreement with a regionally accredited postsecondary institution; (4) "Semester" has the same meaning as defined in § 49-4-902 ; (5) "TCAT" means a Tennessee college of applied technology operated by the board of regents; and (6) "Tuition," also referred to as "in-state tuition" or "maintenance fees," means the enrollment or registration fee charged for instruction in a course, which is calculated by multiplying a dollar amount by the number of semester credit hours in which a student enrolls, or the equivalent fee for a course measured by clock hours. "Tuition" does not include any other fees assessed by an institution to its students, including, but not limited to, mandatory fees, online or technology fees, application fees, book or material fees, access fees, course fees, or other fees charged to students for a specific purpose, activity, facility, or service, whether calculated on the number of credit hours or clock hours or whether charged as a flat rate.
(1) "Certificate" or "diploma" means a credential, other than a degree, the receipt of which indicates satisfactory completion of training in a technical education program of study offered by an eligible postsecondary institution;
(2) "Course" includes a course taken at an eligible postsecondary institution, or the equivalent at a Tennessee college of applied technology;
(3) "Eligible postsecondary institution" has the same meaning as defined in § 49-4-902 . "Eligible postsecondary institution" also means a private, nonprofit technical school that: (A) Has had its primary campus domiciled in this state for at least seventy-five (75) consecutive years; (B) Is accredited by the Council on Occupational Education; and (C) In addition to offering diploma, certificate, and associate degree programs, offers a baccalaureate degree through an articulation agreement with a regionally accredited postsecondary institution;
(A) Has had its primary campus domiciled in this state for at least seventy-five (75) consecutive years;
(B) Is accredited by the Council on Occupational Education; and
(C) In addition to offering diploma, certificate, and associate degree programs, offers a baccalaureate degree through an articulation agreement with a regionally accredited postsecondary institution;
(4) "Semester" has the same meaning as defined in § 49-4-902 ;
(5) "TCAT" means a Tennessee college of applied technology operated by the board of regents; and
(6) "Tuition," also referred to as "in-state tuition" or "maintenance fees," means the enrollment or registration fee charged for instruction in a course, which is calculated by multiplying a dollar amount by the number of semester credit hours in which a student enrolls, or the equivalent fee for a course measured by clock hours. "Tuition" does not include any other fees assessed by an institution to its students, including, but not limited to, mandatory fees, online or technology fees, application fees, book or material fees, access fees, course fees, or other fees charged to students for a specific purpose, activity, facility, or service, whether calculated on the number of credit hours or clock hours or whether charged as a flat rate.
(b) It is the intent of the general assembly that the purposes of the dual enrollment grant are: (1) To provide an opportunity for Tennessee high school students to earn an initial technical credential or a semester of college credit by high school graduation, free of tuition and fees; and (2) To encourage TCATs to establish technical middle college programs, in partnership with local education agencies, that permit students to earn an advanced technical certificate or diploma by their high school graduation.
(1) To provide an opportunity for Tennessee high school students to earn an initial technical credential or a semester of college credit by high school graduation, free of tuition and fees; and
(2) To encourage TCATs to establish technical middle college programs, in partnership with local education agencies, that permit students to earn an advanced technical certificate or diploma by their high school graduation.
(c) A high school student is eligible for a dual enrollment grant if the student: (1) Is a resident of this state, as classified pursuant to § 49-8-104 ; (2) Is admitted to an eligible postsecondary institution as a dual enrollment student, and if the student: (A) Is a junior or senior in high school; or (B) Has completed the eighth grade and is enrolled in a TCAT; and (3) Submits an application, as required by TSAC.
(1) Is a resident of this state, as classified pursuant to § 49-8-104 ;
(2) Is admitted to an eligible postsecondary institution as a dual enrollment student, and if the student: (A) Is a junior or senior in high school; or (B) Has completed the eighth grade and is enrolled in a TCAT; and
(A) Is a junior or senior in high school; or
(B) Has completed the eighth grade and is enrolled in a TCAT; and
(3) Submits an application, as required by TSAC.
(d) (1) A student may receive a dual enrollment grant for one (1) or more courses per semester at one (1) or more eligible postsecondary institutions. (2) To be eligible for a dual enrollment grant for a semester beyond the first semester of the student's receipt of a dual enrollment grant, the student must continue to meet all eligibility requirements for the grant and must achieve: (A) A minimum cumulative grade point average of 2.0 for all postsecondary courses attempted as a dual enrollment student while enrolled at a two-year or four-year eligible postsecondary institution; or (B) A minimum cumulative grade point average of 2.0 for all postsecondary courses attempted as a dual enrollment student while enrolled at a Tennessee college of applied technology. (3) Failure to maintain the grade point average requirement described in subdivision (d)(2)(A) or (d)(2)(B) permanently disqualifies the student from continuing eligibility for the grant at the type of institution at which the minimum grade point average was not maintained. (4) Notwithstanding subdivisions (d)(2) and (d)(3), a student enrolled in a clock hour course that is not completed within one (1) semester maintains eligibility for the grant in the subsequent semester if the student attends the number of clock hours required for grant disbursement for the course and continues to meet all other eligibility requirements. Continuing eligibility under this subdivision (d)(4) applies to a student previously enrolled in a clock hour course who transfers to another eligible postsecondary institution in the subsequent semester.
(1) A student may receive a dual enrollment grant for one (1) or more courses per semester at one (1) or more eligible postsecondary institutions.
(2) To be eligible for a dual enrollment grant for a semester beyond the first semester of the student's receipt of a dual enrollment grant, the student must continue to meet all eligibility requirements for the grant and must achieve: (A) A minimum cumulative grade point average of 2.0 for all postsecondary courses attempted as a dual enrollment student while enrolled at a two-year or four-year eligible postsecondary institution; or (B) A minimum cumulative grade point average of 2.0 for all postsecondary courses attempted as a dual enrollment student while enrolled at a Tennessee college of applied technology.
(A) A minimum cumulative grade point average of 2.0 for all postsecondary courses attempted as a dual enrollment student while enrolled at a two-year or four-year eligible postsecondary institution; or
(B) A minimum cumulative grade point average of 2.0 for all postsecondary courses attempted as a dual enrollment student while enrolled at a Tennessee college of applied technology.
(3) Failure to maintain the grade point average requirement described in subdivision (d)(2)(A) or (d)(2)(B) permanently disqualifies the student from continuing eligibility for the grant at the type of institution at which the minimum grade point average was not maintained.
(4) Notwithstanding subdivisions (d)(2) and (d)(3), a student enrolled in a clock hour course that is not completed within one (1) semester maintains eligibility for the grant in the subsequent semester if the student attends the number of clock hours required for grant disbursement for the course and continues to meet all other eligibility requirements. Continuing eligibility under this subdivision (d)(4) applies to a student previously enrolled in a clock hour course who transfers to another eligible postsecondary institution in the subsequent semester.
(e) A course attempted by a dual enrollment student does not count toward the limitation on receiving a Tennessee HOPE scholarship under § 49-4-913 .
(f) (1) If a dual enrollment student enrolls in an eligible public postsecondary institution after graduation from high school, then the eligible public postsecondary institution shall not deny credit toward an associate or baccalaureate degree for a college course taken as a dual enrollment student if the student successfully completed the course. If the dual enrollment course was not taken at the institution in which the student enrolls after graduation from high school, then the course must qualify for transfer credit. (2) Each TCAT shall reserve an enrollment slot for each dual enrollment student in the term immediately following the last term in which the student was enrolled in the TCAT as a dual enrollment student if space is available for the student at the TCAT in the program in which the student was previously enrolled. If space is unavailable in that term, then the student must be given enrollment priority when space becomes available at the TCAT in the program in which the student was previously enrolled. A TCAT may establish a deadline by which a dual enrollment student must indicate the student's intent to enroll in the term immediately following the student's last term as a dual enrollment student before the TCAT is required to reserve an enrollment slot for the student in accordance with this subdivision (f)(2).
(1) If a dual enrollment student enrolls in an eligible public postsecondary institution after graduation from high school, then the eligible public postsecondary institution shall not deny credit toward an associate or baccalaureate degree for a college course taken as a dual enrollment student if the student successfully completed the course. If the dual enrollment course was not taken at the institution in which the student enrolls after graduation from high school, then the course must qualify for transfer credit.
(2) Each TCAT shall reserve an enrollment slot for each dual enrollment student in the term immediately following the last term in which the student was enrolled in the TCAT as a dual enrollment student if space is available for the student at the TCAT in the program in which the student was previously enrolled. If space is unavailable in that term, then the student must be given enrollment priority when space becomes available at the TCAT in the program in which the student was previously enrolled. A TCAT may establish a deadline by which a dual enrollment student must indicate the student's intent to enroll in the term immediately following the student's last term as a dual enrollment student before the TCAT is required to reserve an enrollment slot for the student in accordance with this subdivision (f)(2).
(g) Subject to the amounts appropriated by the general assembly and any law relating to a shortfall in funds available for postsecondary financial assistance from the net proceeds of the state lottery: (1) A student who is eligible to receive a dual enrollment grant pursuant to this section is eligible to receive a dual enrollment grant for no more than: (A) One thousand two hundred ninety-six (1,296) clock hours at a TCAT; or (B) Ten (10) courses measured by semester hours at an eligible postsecondary institution that offers degrees; (2) The award for a dual enrollment course taken at a TCAT is the average tuition established annually by the board of regents for regular in-state students at Tennessee colleges of applied technology, plus an additional dual enrollment access fee of five percent (5%) of the average tuition; (3) For the first five (5) dual enrollment semester-hour courses taken at an eligible postsecondary institution, the award for a dual enrollment grant is the average tuition established annually by the board of regents for regular in-state students at community colleges, plus an additional dual enrollment access fee of five percent (5%) of the average tuition; (4) Notwithstanding subdivision (g)(3), the award for a course taken at an eligible postsecondary institution, as described in subdivisions (a)(3)(A) - (C), that is one (1) of a student's first five (5) dual enrollment courses, is the award described in subdivision (g)(2) if the course satisfies the requirements of a certificate or diploma program; (5) An eligible public postsecondary institution shall not charge a student receiving a dual enrollment grant under subdivisions (g)(2)-(4) tuition or fees in excess of the student's dual enrollment grant award, as established in the respective subdivision. However, an eligible public postsecondary institution may charge a student receiving a dual enrollment grant costs actually incurred by the institution on the student's behalf, including, but not limited to, book and material costs, digital book and material costs, special examination fees, industry certification fees, and board examination fees; (6) For a student's sixth through tenth dual enrollment semester-hour courses taken at an eligible postsecondary institution, TSAC shall determine the award per semester credit hour; and (7) Any increase in the tuition rate upon which the dual enrollment grant award is established pursuant to subdivisions (g)(2) and (g)(3) is subject to the binding range of allowable percentage adjustment for tuition as annually approved by THEC pursuant to § 49-7-202(n)(3)(A) .
(1) A student who is eligible to receive a dual enrollment grant pursuant to this section is eligible to receive a dual enrollment grant for no more than: (A) One thousand two hundred ninety-six (1,296) clock hours at a TCAT; or (B) Ten (10) courses measured by semester hours at an eligible postsecondary institution that offers degrees;
(A) One thousand two hundred ninety-six (1,296) clock hours at a TCAT; or
(B) Ten (10) courses measured by semester hours at an eligible postsecondary institution that offers degrees;
(2) The award for a dual enrollment course taken at a TCAT is the average tuition established annually by the board of regents for regular in-state students at Tennessee colleges of applied technology, plus an additional dual enrollment access fee of five percent (5%) of the average tuition;
(3) For the first five (5) dual enrollment semester-hour courses taken at an eligible postsecondary institution, the award for a dual enrollment grant is the average tuition established annually by the board of regents for regular in-state students at community colleges, plus an additional dual enrollment access fee of five percent (5%) of the average tuition;
(4) Notwithstanding subdivision (g)(3), the award for a course taken at an eligible postsecondary institution, as described in subdivisions (a)(3)(A) - (C), that is one (1) of a student's first five (5) dual enrollment courses, is the award described in subdivision (g)(2) if the course satisfies the requirements of a certificate or diploma program;
(5) An eligible public postsecondary institution shall not charge a student receiving a dual enrollment grant under subdivisions (g)(2)-(4) tuition or fees in excess of the student's dual enrollment grant award, as established in the respective subdivision. However, an eligible public postsecondary institution may charge a student receiving a dual enrollment grant costs actually incurred by the institution on the student's behalf, including, but not limited to, book and material costs, digital book and material costs, special examination fees, industry certification fees, and board examination fees;
(6) For a student's sixth through tenth dual enrollment semester-hour courses taken at an eligible postsecondary institution, TSAC shall determine the award per semester credit hour; and
(7) Any increase in the tuition rate upon which the dual enrollment grant award is established pursuant to subdivisions (g)(2) and (g)(3) is subject to the binding range of allowable percentage adjustment for tuition as annually approved by THEC pursuant to § 49-7-202(n)(3)(A) .
(h) TSAC may promulgate rules to establish award amounts at eligible postsecondary institutions and to otherwise effectuate the intent and purposes of this section. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Amended by 2024 Tenn. Acts, ch. 925,s 7, eff. 7/1/2025.
Amended by 2024 Tenn. Acts, ch. 581,s 1, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 227, s 1, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 1116, s 3, eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 536, s 1, eff. 1/1/2022.
Amended by 2020 Tenn. Acts, ch. 794, Secs.s 45, s 46, s 47 eff. 8/1/2020.
Amended by 2020 Tenn. Acts, ch. 794, s 44, eff. 8/1/2020.
Amended by 2019 Tenn. Acts, ch. 482, s 1, eff. 7/1/2020.
Amended by 2019 Tenn. Acts, ch. 482, s 2, eff. 7/1/2020.
Amended by 2019 Tenn. Acts, ch. 463, s 1, eff. 7/1/2019.
Amended by 2019 Tenn. Acts, ch. 463, s 2, eff. 7/1/2020.
Amended by 2019 Tenn. Acts, ch. 203, s 2, eff. 7/1/2020.
Amended by 2017 Tenn. Acts, ch. 471, s 1, eff. 5/30/2017.
Amended by 2017 Tenn. Acts, ch. 328, s 5, eff. 5/9/2017.
Acts 2005, ch. 481, § 21; 2008 , ch. 1142, §§ 10, 26; 2011 , ch. 427, §§ 1, 2; 2011 , ch. 488, § 8.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
Tenn. Code Ann. § 49-13-115 — TN Code / Title 49 / Chapter 13 / Section 49-13-115
Authority to open or close public charter school to in-person learning and instruction during state of emergency
Status: in_force

(a) During an emergency as defined in § 58-2-101 , the governing body of a public charter school may consult with the state and local health departments when determining whether to open or close a school to in-person learning and instruction. (b) Notwithstanding an executive order issued by the governor or an order issued by a local health board or other public health official, the governing body of a public charter school has the sole authority to open or close a school to in-person learning and instruction during an emergency as defined in § 58-2-101 . The governing body of a public charter school may delegate the authority to open or close a school to in-person learning and instruction to the administrator of the public charter school. (c) Notwithstanding subsection (b), during an emergency as defined in § 58-2-101 , if the governor issues an executive order with statewide applicability that requires schools to be open for in-person learning and instruction, then the executive order supersedes the authority granted in subsection (b). Added by 2021 Tenn. Acts, ch. 96, s 2, eff. 4/7/2021.
(a) During an emergency as defined in § 58-2-101 , the governing body of a public charter school may consult with the state and local health departments when determining whether to open or close a school to in-person learning and instruction.
(b) Notwithstanding an executive order issued by the governor or an order issued by a local health board or other public health official, the governing body of a public charter school has the sole authority to open or close a school to in-person learning and instruction during an emergency as defined in § 58-2-101 . The governing body of a public charter school may delegate the authority to open or close a school to in-person learning and instruction to the administrator of the public charter school.
(c) Notwithstanding subsection (b), during an emergency as defined in § 58-2-101 , if the governor issues an executive order with statewide applicability that requires schools to be open for in-person learning and instruction, then the executive order supersedes the authority granted in subsection (b).
Added by 2021 Tenn. Acts, ch. 96, s 2, eff. 4/7/2021.
Tenn. Code Ann. § 49-1-1110 — TN Code / Title 49 / Chapter 1 / Section 49-1-1110
Child care task force
Status: in_force

(a) There is created a Tennessee child care task force, to be administratively attached to the department of human services. (b) The task force is created to recommend a strategic action plan to guide the administration and general assembly on how to: (1) Address the challenges of quality, affordability, and accessibility of child care in this state; (2) More effectively use public resources to address those challenges; (3) Build partnerships between government and the business sector, through which businesses are motivated to create and participate in strategies that address the child care needs of their employees; and (4) Streamline coordination between the department of human services, department of labor and workforce development, department of economic and community development, department of health, and department of education in developing solutions to the state's child care challenges. (c) The task force is composed of fifteen (15) members as follows: (1) The commissioner of human services; (2) The commissioner of labor and workforce development, or the commissioner's designee; (3) The commissioner of economic and community development, or the commissioner's designee; (4) The commissioner of education, or the commissioner's designee; (5) The commissioner of health, or the commissioner's designee; (6) One (1) member of the senate to be appointed by the speaker of the senate; (7) One (1) member of the house of representatives to be appointed by the speaker of the house of representatives; (8) Four (4) representatives from organizations representing the business community that do not provide direct child care services, two (2) of whom must be appointed by the speaker of the senate and two (2) of whom must be appointed by the speaker of the house of representatives; and (9) Four (4) experienced providers of high-quality child care services, two (2) of whom must be appointed by the speaker of the senate and two (2) of whom must be appointed by the speaker of the house of representatives. (d) (1) Members of the task force serve without compensation for their services, but may be reimbursed for travel expenses in accordance with the comprehensive travel regulations promulgated by the commissioner of finance and administration and approved by the attorney general and reporter. (2) Vacancies among the members of the task force must be filled in the same manner as in the original selection of members. (3) The speaker of the senate and the speaker of the house of representatives in making appointments shall strive to ensure that members of the task force are inclusive and reflect the geographic, urban, rural, and economic diversity of this state and are diverse in race, sex, perspective, and experience. (4) The commissioner of human services shall serve as chair, and shall call the first meeting of the task force no later than October 1, 2021, at which time the members shall elect a first vice chair and second vice chair from among the private sector members. (5) The task force shall meet at least monthly. The chair may call special meetings whenever necessary for the transaction of business. The chair shall notify each member of the task force of any special meeting at least five (5) days before the time fixed for the special meeting. A majority of the members of the task force may petition the chair to call a special meeting, in which case the chair shall call a special meeting. (6) The task force may conduct regular or special meetings by conference call or video conference in accordance with the requirements of § 8-44-108 . (e) The task force shall agree upon any findings and recommendations by a majority vote of the total membership of the task force. A majority of the members of the task force constitutes a quorum for the purpose of meeting and conducting business. (f) The chair of the task force may call on appropriate state agencies for reasonable assistance in the work of the task force. (g) The task force has the responsibility to: (1) Develop a strategic action plan for increasing the availability of high-quality, affordable, and accessible child care in this state, specifically in the context of the impacts of COVID-19 on families, child care providers, employers, and communities in this state; (2) In compliance with the purposes and requirements of the American Rescue Plan Act of 2021 (H.R. 1319), hire and oversee a strategic consulting firm to support the development of the strategic plan by examining the short-, medium-, and long-term impacts of COVID-19 on the demand for and availability of child care in this state, and strategies to support the existing network of child care providers and increase the supply of high quality, affordable, and accessible child care in communities where needed; and (3) Identify resources across state government departments that could be streamlined, coordinated, and more effectively utilized to address child care challenges. (h) The task force shall submit an interim progress report of its findings and recommendations to the general assembly no later than July 1, 2022, and a final report of its findings and recommendations no later than December 31, 2022, at which time the task force will cease to exist. The final report must include: (1) Findings and conclusions about child care needs in this state; (2) The full strategic action plan, with executive summary; and (3) Recommendations for legislation deemed necessary to implement the strategic plan. (i) This section terminates on December 31, 2022, unless reenacted or extended by the general assembly prior to that date. Added by 2021 Tenn. Acts, ch. 474, s 1, eff. 7/1/2021.
(a) There is created a Tennessee child care task force, to be administratively attached to the department of human services.
(b) The task force is created to recommend a strategic action plan to guide the administration and general assembly on how to: (1) Address the challenges of quality, affordability, and accessibility of child care in this state; (2) More effectively use public resources to address those challenges; (3) Build partnerships between government and the business sector, through which businesses are motivated to create and participate in strategies that address the child care needs of their employees; and (4) Streamline coordination between the department of human services, department of labor and workforce development, department of economic and community development, department of health, and department of education in developing solutions to the state's child care challenges.
(1) Address the challenges of quality, affordability, and accessibility of child care in this state;
(2) More effectively use public resources to address those challenges;
(3) Build partnerships between government and the business sector, through which businesses are motivated to create and participate in strategies that address the child care needs of their employees; and
(4) Streamline coordination between the department of human services, department of labor and workforce development, department of economic and community development, department of health, and department of education in developing solutions to the state's child care challenges.
(c) The task force is composed of fifteen (15) members as follows: (1) The commissioner of human services; (2) The commissioner of labor and workforce development, or the commissioner's designee; (3) The commissioner of economic and community development, or the commissioner's designee; (4) The commissioner of education, or the commissioner's designee; (5) The commissioner of health, or the commissioner's designee; (6) One (1) member of the senate to be appointed by the speaker of the senate; (7) One (1) member of the house of representatives to be appointed by the speaker of the house of representatives; (8) Four (4) representatives from organizations representing the business community that do not provide direct child care services, two (2) of whom must be appointed by the speaker of the senate and two (2) of whom must be appointed by the speaker of the house of representatives; and (9) Four (4) experienced providers of high-quality child care services, two (2) of whom must be appointed by the speaker of the senate and two (2) of whom must be appointed by the speaker of the house of representatives.
(1) The commissioner of human services;
(2) The commissioner of labor and workforce development, or the commissioner's designee;
(3) The commissioner of economic and community development, or the commissioner's designee;
(4) The commissioner of education, or the commissioner's designee;
(5) The commissioner of health, or the commissioner's designee;
(6) One (1) member of the senate to be appointed by the speaker of the senate;
(7) One (1) member of the house of representatives to be appointed by the speaker of the house of representatives;
(8) Four (4) representatives from organizations representing the business community that do not provide direct child care services, two (2) of whom must be appointed by the speaker of the senate and two (2) of whom must be appointed by the speaker of the house of representatives; and
(9) Four (4) experienced providers of high-quality child care services, two (2) of whom must be appointed by the speaker of the senate and two (2) of whom must be appointed by the speaker of the house of representatives.
(d) (1) Members of the task force serve without compensation for their services, but may be reimbursed for travel expenses in accordance with the comprehensive travel regulations promulgated by the commissioner of finance and administration and approved by the attorney general and reporter. (2) Vacancies among the members of the task force must be filled in the same manner as in the original selection of members. (3) The speaker of the senate and the speaker of the house of representatives in making appointments shall strive to ensure that members of the task force are inclusive and reflect the geographic, urban, rural, and economic diversity of this state and are diverse in race, sex, perspective, and experience. (4) The commissioner of human services shall serve as chair, and shall call the first meeting of the task force no later than October 1, 2021, at which time the members shall elect a first vice chair and second vice chair from among the private sector members. (5) The task force shall meet at least monthly. The chair may call special meetings whenever necessary for the transaction of business. The chair shall notify each member of the task force of any special meeting at least five (5) days before the time fixed for the special meeting. A majority of the members of the task force may petition the chair to call a special meeting, in which case the chair shall call a special meeting. (6) The task force may conduct regular or special meetings by conference call or video conference in accordance with the requirements of § 8-44-108 .
(1) Members of the task force serve without compensation for their services, but may be reimbursed for travel expenses in accordance with the comprehensive travel regulations promulgated by the commissioner of finance and administration and approved by the attorney general and reporter.
(2) Vacancies among the members of the task force must be filled in the same manner as in the original selection of members.
(3) The speaker of the senate and the speaker of the house of representatives in making appointments shall strive to ensure that members of the task force are inclusive and reflect the geographic, urban, rural, and economic diversity of this state and are diverse in race, sex, perspective, and experience.
(4) The commissioner of human services shall serve as chair, and shall call the first meeting of the task force no later than October 1, 2021, at which time the members shall elect a first vice chair and second vice chair from among the private sector members.
(5) The task force shall meet at least monthly. The chair may call special meetings whenever necessary for the transaction of business. The chair shall notify each member of the task force of any special meeting at least five (5) days before the time fixed for the special meeting. A majority of the members of the task force may petition the chair to call a special meeting, in which case the chair shall call a special meeting.
(6) The task force may conduct regular or special meetings by conference call or video conference in accordance with the requirements of § 8-44-108 .
(e) The task force shall agree upon any findings and recommendations by a majority vote of the total membership of the task force. A majority of the members of the task force constitutes a quorum for the purpose of meeting and conducting business.
(f) The chair of the task force may call on appropriate state agencies for reasonable assistance in the work of the task force.
(g) The task force has the responsibility to: (1) Develop a strategic action plan for increasing the availability of high-quality, affordable, and accessible child care in this state, specifically in the context of the impacts of COVID-19 on families, child care providers, employers, and communities in this state; (2) In compliance with the purposes and requirements of the American Rescue Plan Act of 2021 (H.R. 1319), hire and oversee a strategic consulting firm to support the development of the strategic plan by examining the short-, medium-, and long-term impacts of COVID-19 on the demand for and availability of child care in this state, and strategies to support the existing network of child care providers and increase the supply of high quality, affordable, and accessible child care in communities where needed; and (3) Identify resources across state government departments that could be streamlined, coordinated, and more effectively utilized to address child care challenges.
(1) Develop a strategic action plan for increasing the availability of high-quality, affordable, and accessible child care in this state, specifically in the context of the impacts of COVID-19 on families, child care providers, employers, and communities in this state;
(2) In compliance with the purposes and requirements of the American Rescue Plan Act of 2021 (H.R. 1319), hire and oversee a strategic consulting firm to support the development of the strategic plan by examining the short-, medium-, and long-term impacts of COVID-19 on the demand for and availability of child care in this state, and strategies to support the existing network of child care providers and increase the supply of high quality, affordable, and accessible child care in communities where needed; and
(3) Identify resources across state government departments that could be streamlined, coordinated, and more effectively utilized to address child care challenges.
(h) The task force shall submit an interim progress report of its findings and recommendations to the general assembly no later than July 1, 2022, and a final report of its findings and recommendations no later than December 31, 2022, at which time the task force will cease to exist. The final report must include: (1) Findings and conclusions about child care needs in this state; (2) The full strategic action plan, with executive summary; and (3) Recommendations for legislation deemed necessary to implement the strategic plan.
(1) Findings and conclusions about child care needs in this state;
(2) The full strategic action plan, with executive summary; and
(3) Recommendations for legislation deemed necessary to implement the strategic plan.
(i) This section terminates on December 31, 2022, unless reenacted or extended by the general assembly prior to that date.
Added by 2021 Tenn. Acts, ch. 474, s 1, eff. 7/1/2021.