Tenn. Code Ann. § 49-6-2109 — TN Code / Title 49 / Chapter 6 / Section 49-6-2109
Equipment - Commercial advertising
Status: in_force

(a) Students must be transported in safe equipment: (1) Constructed of steel or materials providing similar safety; and (2) That include other safety features as set forth in the specifications for school buses approved by the department of safety. The department of education shall develop the specifications for school buses and shall recommend the specifications for school buses to the department of safety for approval. (b) (1) Except as otherwise provided in this subsection (b), conventional and Class D school buses may be used until the buses reach the eighteenth year from the in-service date of the buses. The commissioner of safety shall not limit the use of conventional or Class D school buses by mileage driven. (2) The commissioner of safety, through the inspection process, may approve additional years of service beyond the eighteenth year from the in-service date for conventional and Class D buses on a year-to-year basis. The owner of a bus may receive approval for additional years of service beyond the eighteenth year only if any conventional or Class D school bus being operated in the eighteenth year or beyond has less than two hundred thousand (200,000) miles of recorded travel; provided, however, that after the bus reaches two hundred thousand (200,000) miles of recorded travel the owner of the bus shall be allowed to operate the bus throughout the remainder of the school year and at the conclusion of the school year, the owner shall replace the bus. The bus shall meet all requirements for continued safe use and operation during the remainder of the school year and the owner of the bus shall notify the department of safety in writing, via certified mail, that the bus has reached two hundred thousand (200,000) miles of recorded travel. (3) If a bus reaches the eighteenth year following its in-service date requiring discontinuance of its use during a school year, the owner of the bus shall be allowed to operate the bus throughout the remainder of the school year. The bus shall meet all requirements for continued safe use and operation during the remainder of the school year and the owner of the bus shall immediately notify the department of safety in writing, via certified mail, when the bus reaches the eighteenth year requiring discontinuance. (4) Any conventional or Class D bus that is in use for more than fifteen (15) years from its in-service date, but not more than eighteen (18) years from such date, shall be inspected by the commissioner or the commissioner's designee at least twice annually. (5) No bus purchased from an out-of-state entity that has been in use for more than fifteen (15) years from its in-service date may be in use unless it has been in service in this state for a minimum period of two (2) consecutive years. (6) The owner of any bus shall maintain records of all maintenance actions and safety inspections performed on a bus from its in-service date and these records shall be available at all times to the commissioner of safety or the commissioner's designee. (7) The commissioner, or the commissioner's designee, shall make no less than one (1) inspection annually of each school bus that has been in use for fifteen (15) years or less from the in-service date and that transports school children, in order to determine whether it can be used safely to protect properly the lives of school children. At any inspections under this subsection (b), the inspector shall have the authority to require repairs or reconditioning to be made that the inspector considers necessary for the continued safe use and operation of the bus. If the local authority or owner refuses to take the required action or if the inspector considers continued use of the bus to be unsafe, the inspector shall order its removal from service. (8) Boards of education are encouraged to make full use of federal funds, while available, for retrofitting diesel school buses to improve both cabin air quality and lower emissions. (9) The commissioner of safety is authorized to promulgate rules to effectuate the purposes of this subsection (b). All such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (10) The department of safety is authorized to collect a fee for additional inspections conducted for buses that are used in the sixteenth year or beyond following the in-service date. The fee shall be paid by the owner of the bus requesting the additional year or years of service on an inspection-by-inspection basis; provided, however, that the LEA may pay the fee for any bus servicing the LEA. (c) (1) School buses shall be of uniform approved color with the necessary marking easily to identify them in accordance with the specifications for school buses developed by the department of education and approved by the department of safety. This requirement does not apply to a van type vehicle used only to transport students to and from school-related activities. (2) No other motor carrier, for hire or otherwise, shall bear the same color or markings as designated by the department of safety for school buses. (3) A violation of this subsection (c) is a Class C misdemeanor. (d) Nothing in this title shall prohibit a local school district from allotting space on the exterior or interior of a school bus for the purpose of commercial advertising. After consultation with the department of safety, the state board of education is directed to promulgate rules and regulations to effectuate this subsection (d). Commercial advertising shall be permitted only on the rear quarter panels of the school bus of a size not to exceed thirty-six inches (36") in height and ninety inches (90") in length and shall not advertise alcohol or tobacco products. Commercial advertising permitted by this subsection (d) shall not include campaign advertising as prohibited in § 2-19-144 , and any such campaign advertising shall be expressly prohibited. Commercial advertising permitted by this subsection (d) shall not include individual food items that, pursuant to § 49-6-2306 , cannot be sold or offered for sale to pupils in pre-kindergarten through grade eight (pre-K-8) through vending machines. (e) (1) The department of safety shall permit the use of type A school buses for a period of fifteen (15) years of service. If a type A school bus reaches the fifteenth year of service requiring discontinuance of its use during a school year, the owner of the bus shall be allowed to operate the bus throughout the remainder of the school year. The bus shall meet all requirements for continued safe use and operation during the remainder of the school year, and the owner of the bus shall immediately notify the department of safety in writing, via certified mail, when the bus reaches the fifteenth year requiring discontinuance. (2) The department of safety is authorized to promulgate rules to effectuate the purposes of this subsection (e). All such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act. Amended by 2023 Tenn. Acts, ch. 122, Secs.s 4, s 5, s 6, s 7, s 8 eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 122, s 3, eff. 7/1/2024. Amended by 2016 Tenn. Acts, ch. 529, s 1, eff. 1/28/2016. Amended by 2015 Tenn. Acts, ch. 303, s 1, eff. 4/24/2015. Amended by 2014 Tenn. Acts, ch. 743, Secs.s 1, s 2 eff. 4/22/2014. Acts 1947, ch. 92, §§ 2, 10, 14; C. Supp. 1950, §§ 2495.2, 2495.10, 2495.14 (Williams, §§ 2495.3, 2495.11, 2495.15); Acts 1969, ch. 288, § 1; 1981, ch. 107, § 1; T.C.A. (orig. ed.), §§ 49-2209 -- 49-2211; Acts 1989, ch. 591, § 113; 1994, ch. 720, § 1; 1997 , ch. 371, § 1; 2005, ch. 359, § 1; 2009 , ch. 38, §§ 1, 2; 2009 , ch. 436, §§ 1 - 4; 2012 , ch. 665, § 1.
(a) Students must be transported in safe equipment: (1) Constructed of steel or materials providing similar safety; and (2) That include other safety features as set forth in the specifications for school buses approved by the department of safety. The department of education shall develop the specifications for school buses and shall recommend the specifications for school buses to the department of safety for approval.
(1) Constructed of steel or materials providing similar safety; and
(2) That include other safety features as set forth in the specifications for school buses approved by the department of safety. The department of education shall develop the specifications for school buses and shall recommend the specifications for school buses to the department of safety for approval.
(b) (1) Except as otherwise provided in this subsection (b), conventional and Class D school buses may be used until the buses reach the eighteenth year from the in-service date of the buses. The commissioner of safety shall not limit the use of conventional or Class D school buses by mileage driven. (2) The commissioner of safety, through the inspection process, may approve additional years of service beyond the eighteenth year from the in-service date for conventional and Class D buses on a year-to-year basis. The owner of a bus may receive approval for additional years of service beyond the eighteenth year only if any conventional or Class D school bus being operated in the eighteenth year or beyond has less than two hundred thousand (200,000) miles of recorded travel; provided, however, that after the bus reaches two hundred thousand (200,000) miles of recorded travel the owner of the bus shall be allowed to operate the bus throughout the remainder of the school year and at the conclusion of the school year, the owner shall replace the bus. The bus shall meet all requirements for continued safe use and operation during the remainder of the school year and the owner of the bus shall notify the department of safety in writing, via certified mail, that the bus has reached two hundred thousand (200,000) miles of recorded travel. (3) If a bus reaches the eighteenth year following its in-service date requiring discontinuance of its use during a school year, the owner of the bus shall be allowed to operate the bus throughout the remainder of the school year. The bus shall meet all requirements for continued safe use and operation during the remainder of the school year and the owner of the bus shall immediately notify the department of safety in writing, via certified mail, when the bus reaches the eighteenth year requiring discontinuance. (4) Any conventional or Class D bus that is in use for more than fifteen (15) years from its in-service date, but not more than eighteen (18) years from such date, shall be inspected by the commissioner or the commissioner's designee at least twice annually. (5) No bus purchased from an out-of-state entity that has been in use for more than fifteen (15) years from its in-service date may be in use unless it has been in service in this state for a minimum period of two (2) consecutive years. (6) The owner of any bus shall maintain records of all maintenance actions and safety inspections performed on a bus from its in-service date and these records shall be available at all times to the commissioner of safety or the commissioner's designee. (7) The commissioner, or the commissioner's designee, shall make no less than one (1) inspection annually of each school bus that has been in use for fifteen (15) years or less from the in-service date and that transports school children, in order to determine whether it can be used safely to protect properly the lives of school children. At any inspections under this subsection (b), the inspector shall have the authority to require repairs or reconditioning to be made that the inspector considers necessary for the continued safe use and operation of the bus. If the local authority or owner refuses to take the required action or if the inspector considers continued use of the bus to be unsafe, the inspector shall order its removal from service. (8) Boards of education are encouraged to make full use of federal funds, while available, for retrofitting diesel school buses to improve both cabin air quality and lower emissions. (9) The commissioner of safety is authorized to promulgate rules to effectuate the purposes of this subsection (b). All such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (10) The department of safety is authorized to collect a fee for additional inspections conducted for buses that are used in the sixteenth year or beyond following the in-service date. The fee shall be paid by the owner of the bus requesting the additional year or years of service on an inspection-by-inspection basis; provided, however, that the LEA may pay the fee for any bus servicing the LEA.
(1) Except as otherwise provided in this subsection (b), conventional and Class D school buses may be used until the buses reach the eighteenth year from the in-service date of the buses. The commissioner of safety shall not limit the use of conventional or Class D school buses by mileage driven.
(2) The commissioner of safety, through the inspection process, may approve additional years of service beyond the eighteenth year from the in-service date for conventional and Class D buses on a year-to-year basis. The owner of a bus may receive approval for additional years of service beyond the eighteenth year only if any conventional or Class D school bus being operated in the eighteenth year or beyond has less than two hundred thousand (200,000) miles of recorded travel; provided, however, that after the bus reaches two hundred thousand (200,000) miles of recorded travel the owner of the bus shall be allowed to operate the bus throughout the remainder of the school year and at the conclusion of the school year, the owner shall replace the bus. The bus shall meet all requirements for continued safe use and operation during the remainder of the school year and the owner of the bus shall notify the department of safety in writing, via certified mail, that the bus has reached two hundred thousand (200,000) miles of recorded travel.
(3) If a bus reaches the eighteenth year following its in-service date requiring discontinuance of its use during a school year, the owner of the bus shall be allowed to operate the bus throughout the remainder of the school year. The bus shall meet all requirements for continued safe use and operation during the remainder of the school year and the owner of the bus shall immediately notify the department of safety in writing, via certified mail, when the bus reaches the eighteenth year requiring discontinuance.
(4) Any conventional or Class D bus that is in use for more than fifteen (15) years from its in-service date, but not more than eighteen (18) years from such date, shall be inspected by the commissioner or the commissioner's designee at least twice annually.
(5) No bus purchased from an out-of-state entity that has been in use for more than fifteen (15) years from its in-service date may be in use unless it has been in service in this state for a minimum period of two (2) consecutive years.
(6) The owner of any bus shall maintain records of all maintenance actions and safety inspections performed on a bus from its in-service date and these records shall be available at all times to the commissioner of safety or the commissioner's designee.
(7) The commissioner, or the commissioner's designee, shall make no less than one (1) inspection annually of each school bus that has been in use for fifteen (15) years or less from the in-service date and that transports school children, in order to determine whether it can be used safely to protect properly the lives of school children. At any inspections under this subsection (b), the inspector shall have the authority to require repairs or reconditioning to be made that the inspector considers necessary for the continued safe use and operation of the bus. If the local authority or owner refuses to take the required action or if the inspector considers continued use of the bus to be unsafe, the inspector shall order its removal from service.
(8) Boards of education are encouraged to make full use of federal funds, while available, for retrofitting diesel school buses to improve both cabin air quality and lower emissions.
(9) The commissioner of safety is authorized to promulgate rules to effectuate the purposes of this subsection (b). All such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(10) The department of safety is authorized to collect a fee for additional inspections conducted for buses that are used in the sixteenth year or beyond following the in-service date. The fee shall be paid by the owner of the bus requesting the additional year or years of service on an inspection-by-inspection basis; provided, however, that the LEA may pay the fee for any bus servicing the LEA.
(c) (1) School buses shall be of uniform approved color with the necessary marking easily to identify them in accordance with the specifications for school buses developed by the department of education and approved by the department of safety. This requirement does not apply to a van type vehicle used only to transport students to and from school-related activities. (2) No other motor carrier, for hire or otherwise, shall bear the same color or markings as designated by the department of safety for school buses. (3) A violation of this subsection (c) is a Class C misdemeanor.
(1) School buses shall be of uniform approved color with the necessary marking easily to identify them in accordance with the specifications for school buses developed by the department of education and approved by the department of safety. This requirement does not apply to a van type vehicle used only to transport students to and from school-related activities.
(2) No other motor carrier, for hire or otherwise, shall bear the same color or markings as designated by the department of safety for school buses.
(3) A violation of this subsection (c) is a Class C misdemeanor.
(d) Nothing in this title shall prohibit a local school district from allotting space on the exterior or interior of a school bus for the purpose of commercial advertising. After consultation with the department of safety, the state board of education is directed to promulgate rules and regulations to effectuate this subsection (d). Commercial advertising shall be permitted only on the rear quarter panels of the school bus of a size not to exceed thirty-six inches (36") in height and ninety inches (90") in length and shall not advertise alcohol or tobacco products. Commercial advertising permitted by this subsection (d) shall not include campaign advertising as prohibited in § 2-19-144 , and any such campaign advertising shall be expressly prohibited. Commercial advertising permitted by this subsection (d) shall not include individual food items that, pursuant to § 49-6-2306 , cannot be sold or offered for sale to pupils in pre-kindergarten through grade eight (pre-K-8) through vending machines.
(e) (1) The department of safety shall permit the use of type A school buses for a period of fifteen (15) years of service. If a type A school bus reaches the fifteenth year of service requiring discontinuance of its use during a school year, the owner of the bus shall be allowed to operate the bus throughout the remainder of the school year. The bus shall meet all requirements for continued safe use and operation during the remainder of the school year, and the owner of the bus shall immediately notify the department of safety in writing, via certified mail, when the bus reaches the fifteenth year requiring discontinuance. (2) The department of safety is authorized to promulgate rules to effectuate the purposes of this subsection (e). All such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act.
(1) The department of safety shall permit the use of type A school buses for a period of fifteen (15) years of service. If a type A school bus reaches the fifteenth year of service requiring discontinuance of its use during a school year, the owner of the bus shall be allowed to operate the bus throughout the remainder of the school year. The bus shall meet all requirements for continued safe use and operation during the remainder of the school year, and the owner of the bus shall immediately notify the department of safety in writing, via certified mail, when the bus reaches the fifteenth year requiring discontinuance.
(2) The department of safety is authorized to promulgate rules to effectuate the purposes of this subsection (e). All such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act.
Amended by 2023 Tenn. Acts, ch. 122, Secs.s 4, s 5, s 6, s 7, s 8 eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 122, s 3, eff. 7/1/2024.
Amended by 2016 Tenn. Acts, ch. 529, s 1, eff. 1/28/2016.
Amended by 2015 Tenn. Acts, ch. 303, s 1, eff. 4/24/2015.
Amended by 2014 Tenn. Acts, ch. 743, Secs.s 1, s 2 eff. 4/22/2014.
Acts 1947, ch. 92, §§ 2, 10, 14; C. Supp. 1950, §§ 2495.2, 2495.10, 2495.14 (Williams, §§ 2495.3, 2495.11, 2495.15); Acts 1969, ch. 288, § 1; 1981, ch. 107, § 1; T.C.A. (orig. ed.), §§ 49-2209 -- 49-2211; Acts 1989, ch. 591, § 113; 1994, ch. 720, § 1; 1997 , ch. 371, § 1; 2005, ch. 359, § 1; 2009 , ch. 38, §§ 1, 2; 2009 , ch. 436, §§ 1 - 4; 2012 , ch. 665, § 1.
Tenn. Code Ann. § 49-5-201 — TN Code / Title 49 / Chapter 5 / Section 49-5-201
Duties of teachers
Status: in_force

(a) It is the duty of the teacher to: (1) Open and close the school each day at the time fixed by the board of education; (2) Give instruction to the pupils only in the subjects covered by the license that the teacher holds; (3) Supervise educational assistants when they are working with pupils; (4) Keep the register at the school and record accurately the number of pupils present and the number absent each day before leaving the school building; (5) Give instruction in physical education as provided by law and official regulations; (6) Teach the constitutions of the United States and of Tennessee for the purpose of instructing all the children as to their privileges and duties under the constitutions and for the promotion of good citizenship; (7) Follow the state course of study and the rules and regulations for the promotion of pupils furnished by the commissioner of education; (8) Serve as custodian of the school property during the public school term, report in writing to the director of schools any misuse of school property or repairs needed on school property and, at the close of the term, furnish the director an inventory of equipment and supplies on hand and a list of supplies and equipment that will be needed for the opening of the succeeding term; (9) Furnish the director of schools at the end of each week a complete list of pupils within the province of the teacher's school who were absent during the week; (10) Make a report promptly at the close of the term on all items included in the abstract in the teacher's register and certify its correctness by affidavit; and (11) Observe any other rules and regulations relative to the service of teachers that may be made by the county board of education. (b) It is unlawful for any teacher to keep the doors or windows of the school building locked while the pupils are assembled in the school or to permit any screens to be fastened in windows of the building that would prevent the egress of pupils in case of fire or other emergency. Amended by 2016 Tenn. Acts, ch. 575,s 1, eff. 3/8/2016. Amended by 2013 Tenn. Acts, ch. 188,s 1, eff. 7/1/2013. Acts 1925, ch. 115, § 8; Shan. Supp., §§ 1487a50, 1487a54; Code 1932, §§ 2339, 2343; impl. am. Acts 1963, ch. 13, § 1; Acts 1974, ch. 654, §§ 66-68; 1977, ch. 196, § 5; T.C.A. (orig. ed.), §§ 49-1307, 49-1310; Acts 1999, ch. 468, § 1.
(a) It is the duty of the teacher to: (1) Open and close the school each day at the time fixed by the board of education; (2) Give instruction to the pupils only in the subjects covered by the license that the teacher holds; (3) Supervise educational assistants when they are working with pupils; (4) Keep the register at the school and record accurately the number of pupils present and the number absent each day before leaving the school building; (5) Give instruction in physical education as provided by law and official regulations; (6) Teach the constitutions of the United States and of Tennessee for the purpose of instructing all the children as to their privileges and duties under the constitutions and for the promotion of good citizenship; (7) Follow the state course of study and the rules and regulations for the promotion of pupils furnished by the commissioner of education; (8) Serve as custodian of the school property during the public school term, report in writing to the director of schools any misuse of school property or repairs needed on school property and, at the close of the term, furnish the director an inventory of equipment and supplies on hand and a list of supplies and equipment that will be needed for the opening of the succeeding term; (9) Furnish the director of schools at the end of each week a complete list of pupils within the province of the teacher's school who were absent during the week; (10) Make a report promptly at the close of the term on all items included in the abstract in the teacher's register and certify its correctness by affidavit; and (11) Observe any other rules and regulations relative to the service of teachers that may be made by the county board of education.
(1) Open and close the school each day at the time fixed by the board of education;
(2) Give instruction to the pupils only in the subjects covered by the license that the teacher holds;
(3) Supervise educational assistants when they are working with pupils;
(4) Keep the register at the school and record accurately the number of pupils present and the number absent each day before leaving the school building;
(5) Give instruction in physical education as provided by law and official regulations;
(6) Teach the constitutions of the United States and of Tennessee for the purpose of instructing all the children as to their privileges and duties under the constitutions and for the promotion of good citizenship;
(7) Follow the state course of study and the rules and regulations for the promotion of pupils furnished by the commissioner of education;
(8) Serve as custodian of the school property during the public school term, report in writing to the director of schools any misuse of school property or repairs needed on school property and, at the close of the term, furnish the director an inventory of equipment and supplies on hand and a list of supplies and equipment that will be needed for the opening of the succeeding term;
(9) Furnish the director of schools at the end of each week a complete list of pupils within the province of the teacher's school who were absent during the week;
(10) Make a report promptly at the close of the term on all items included in the abstract in the teacher's register and certify its correctness by affidavit; and
(11) Observe any other rules and regulations relative to the service of teachers that may be made by the county board of education.
(b) It is unlawful for any teacher to keep the doors or windows of the school building locked while the pupils are assembled in the school or to permit any screens to be fastened in windows of the building that would prevent the egress of pupils in case of fire or other emergency.
Amended by 2016 Tenn. Acts, ch. 575,s 1, eff. 3/8/2016.
Amended by 2013 Tenn. Acts, ch. 188,s 1, eff. 7/1/2013.
Acts 1925, ch. 115, § 8; Shan. Supp., §§ 1487a50, 1487a54; Code 1932, §§ 2339, 2343; impl. am. Acts 1963, ch. 13, § 1; Acts 1974, ch. 654, §§ 66-68; 1977, ch. 196, § 5; T.C.A. (orig. ed.), §§ 49-1307, 49-1310; Acts 1999, ch. 468, § 1.
Tenn. Code Ann. § 49-8-106 — TN Code / Title 49 / Chapter 8 / Section 49-8-106
Reserve officer training
Status: in_force

(a) The governing board of each institution subject to this chapter is authorized and empowered to establish reserve officers training corps units in any public college or university under its jurisdiction, to execute and deliver bond, with or without surety, in such manner and on such terms and conditions as may be required by the United States, for the care and safekeeping of the transportation animals, arms, ammunition, supplies, tentage, and equipment that may be necessary or desirable for the operation, conduct, and training of any reserve officers training corps units of the armed forces of the United States authorized by law at any time, to be conducted in conjunction with any public college or university under its jurisdiction. (b) The authority delegated to a governing board in subsection (a) may, at the board's discretion, be delegated to the presidents of the several universities, colleges, and institutions, now or hereafter under its control. (c) Nothing in § 49-3-1106 shall limit the authority conferred in this section. (d) Under authority of this section, suits may be brought by the United States against the individual state universities or the community college system of this state. Amended by 2016 Tenn. Acts, ch. 869, s 8, eff. 7/1/2016. Acts 1951, ch. 48, § 1 (Williams, § 2316); Acts 1973, ch. 144, § 1; T.C.A. (orig. ed.), § 49-3214.
(a) The governing board of each institution subject to this chapter is authorized and empowered to establish reserve officers training corps units in any public college or university under its jurisdiction, to execute and deliver bond, with or without surety, in such manner and on such terms and conditions as may be required by the United States, for the care and safekeeping of the transportation animals, arms, ammunition, supplies, tentage, and equipment that may be necessary or desirable for the operation, conduct, and training of any reserve officers training corps units of the armed forces of the United States authorized by law at any time, to be conducted in conjunction with any public college or university under its jurisdiction.
(b) The authority delegated to a governing board in subsection (a) may, at the board's discretion, be delegated to the presidents of the several universities, colleges, and institutions, now or hereafter under its control.
(c) Nothing in § 49-3-1106 shall limit the authority conferred in this section.
(d) Under authority of this section, suits may be brought by the United States against the individual state universities or the community college system of this state.
Amended by 2016 Tenn. Acts, ch. 869, s 8, eff. 7/1/2016.
Acts 1951, ch. 48, § 1 (Williams, § 2316); Acts 1973, ch. 144, § 1; T.C.A. (orig. ed.), § 49-3214.
Tenn. Code Ann. § 49-10-604 — TN Code / Title 49 / Chapter 10 / Section 49-10-604
Investigation of complaints - Administrative complaint process
Status: in_force

The department of education shall promptly investigate complaints alleging violations of the IDEA and the state's special education laws in the following manner: (1) The department shall make a complaint form available on the department's website. The department shall also supply any individual with a written copy of the complaint form via the United States postal service upon request. The department shall facilitate the submission of complaint forms via the internet. If a complaint is filed via the internet, then the complaint is deemed to be signed so long as the name of the filer is indicated in the complaint. Anonymous complaints cannot be accepted for investigative purposes; (2) The department shall notify an LEA of a complaint filed against the LEA within five (5) calendar days of receiving the compliant. The notification must require the LEA to respond to the allegations contained in the complaint and to provide the department with any additional information requested by the department. The LEA must provide its response to the department no later than fifteen (15) calendar days from the date of the notification, unless an extension is granted by the department; (3) If the department determines that the LEA has committed a violation of state or federal special education laws or rules, then the department shall issue, within ten (10) calendar days, the department's findings that confirm the violation to the LEA and the person making the complaint. The written findings must require the LEA to take all corrective action required by the department that are contained in the written findings, which may include providing compensatory education if deemed appropriate by the department; (4) The department shall require an LEA that has committed a violation of applicable law or rule to correct the violation within ten (10) calendar days, unless an extension is granted by the department; (5) Any LEA receiving notice from the department that measures are required to correct a violation of applicable law or rule shall provide written notice of the completion of the corrective measures to the department and to the person making the complaint. The department shall determine whether the measures taken by the LEA resulted in compliance with the applicable law or rule, or both. The department shall provide written notice to the LEA of the department's determination within ten (10) calendar days; and (6) Within thirty (30) calendar days after closing the investigation, the department shall publish all violations and determinations confirmed by the department on the department's official website. The publication must include the name of the LEA, a description of the violation, a citation of the law or rule determined to have been violated, the corrective measures proposed by the LEA, and the final determination of the department. The department shall publish confirmed violations and determinations in a manner that protects the identity of the student. Amended by 2019 Tenn. Acts, ch. 107,s 25, eff. 4/11/2019. Acts 2007, ch. 598, § 3.
The department of education shall promptly investigate complaints alleging violations of the IDEA and the state's special education laws in the following manner:
(1) The department shall make a complaint form available on the department's website. The department shall also supply any individual with a written copy of the complaint form via the United States postal service upon request. The department shall facilitate the submission of complaint forms via the internet. If a complaint is filed via the internet, then the complaint is deemed to be signed so long as the name of the filer is indicated in the complaint. Anonymous complaints cannot be accepted for investigative purposes;
(2) The department shall notify an LEA of a complaint filed against the LEA within five (5) calendar days of receiving the compliant. The notification must require the LEA to respond to the allegations contained in the complaint and to provide the department with any additional information requested by the department. The LEA must provide its response to the department no later than fifteen (15) calendar days from the date of the notification, unless an extension is granted by the department;
(3) If the department determines that the LEA has committed a violation of state or federal special education laws or rules, then the department shall issue, within ten (10) calendar days, the department's findings that confirm the violation to the LEA and the person making the complaint. The written findings must require the LEA to take all corrective action required by the department that are contained in the written findings, which may include providing compensatory education if deemed appropriate by the department;
(4) The department shall require an LEA that has committed a violation of applicable law or rule to correct the violation within ten (10) calendar days, unless an extension is granted by the department;
(5) Any LEA receiving notice from the department that measures are required to correct a violation of applicable law or rule shall provide written notice of the completion of the corrective measures to the department and to the person making the complaint. The department shall determine whether the measures taken by the LEA resulted in compliance with the applicable law or rule, or both. The department shall provide written notice to the LEA of the department's determination within ten (10) calendar days; and
(6) Within thirty (30) calendar days after closing the investigation, the department shall publish all violations and determinations confirmed by the department on the department's official website. The publication must include the name of the LEA, a description of the violation, a citation of the law or rule determined to have been violated, the corrective measures proposed by the LEA, and the final determination of the department. The department shall publish confirmed violations and determinations in a manner that protects the identity of the student.
Amended by 2019 Tenn. Acts, ch. 107,s 25, eff. 4/11/2019.
Acts 2007, ch. 598, § 3.
Tenn. Code Ann. § 49-6-817 — TN Code / Title 49 / Chapter 6 / Section 49-6-817
School building entrances required to be locked
Status: in_force

(a) Each public school operated by an LEA, public charter school, private school, and church-related school shall ensure that all exterior doors leading into a school building are locked at all times and access to school buildings is limited to the school's primary entrance, unless otherwise determined by school policy, to prevent unauthorized entry into the school building while students are present during the school day as well as when students are present outside of regular school hours for school-related purposes or activities. (b) Notwithstanding subsection (a), outside of regular school hours, a public school operated by an LEA, public charter school, private school, or church-related school may unlock the door to the school building's primary entrance during a school-related event or activity if the door is continuously monitored by a school or LEA employee who is physically present at the door to ensure access is limited to only authorized persons and to alert others if an unauthorized person enters, or attempts to enter, the school building. (c) State and local law enforcement personnel are authorized to inspect a door serving as an entrance to, or exit from, an LEA or public charter school building to determine whether the door is locked as required by subsection (a). There is no limit on the number of inspections law enforcement personnel may conduct under this subsection (c). Except as provided in subsection (b), if law enforcement personnel find that the door to an entrance or exit from a school building is unlocked in violation of subsection (a), then the school must immediately lock the door and the law enforcement agency that found the unlocked door shall, within twenty-four (24) hours, send written notification to: (1) The LEA's director of schools or the leader of the public charter school, as applicable; (2) The chair of the local board of education or public charter school governing body, as applicable; (3) The head of the parent-teacher organization for the LEA or public charter school, if there is such an organization for the public charter school; (4) The school principal; (5) The department of safety; (6) The department of education; and (7) Each local law enforcement agency with jurisdiction. (d) The LEA's director of schools, the leader of the public charter school, or their respective designees, shall, within forty-eight (48) hours of receiving notification from the law enforcement agency under subsection (c), send written confirmation to the notifying law enforcement agency that the door was immediately locked as required by subsection (a) and that processes are in place to ensure that the door remains locked as required by subsection (a), except as authorized in subsection (b). The director, leader, or their respective designee shall send a copy of the director's, leader's, or their respective designee's written confirmation to the recipients identified in subdivisions (c)(2)-(7). The director's, leader's, or their respective designee's written confirmation must state whether the LEA or public charter school has a full-time school resource officer whose primary location is the school found to be in violation of subsection (a). (e) (1) If an LEA or public charter school is found to have violated subsection (a) on two (2) or more occasions in one (1) school year, then: (A) (i) If the LEA or public charter school does not currently have a school resource officer whose primary location is the school found to have violated subsection (a) on two (2) or more occasions in one (1) school year, the LEA or public charter school shall cause a full-time school resource officer or armed school security officer to be posted at the school. The LEA or public charter school shall bear the cost of posting the school resource officer or armed school security officer. The school resource officer or armed school security officer must be posted at the school within thirty (30) days from the date on which the LEA or public charter school received notification under subsection (d) of the school's second violation of subsection (a). The LEA or public charter school shall notify the commissioner of education that the required school resource officer or armed school security officer is posted. If the LEA or public charter school fails to have a school resource officer or armed school security officer posted within thirty (30) days as required in this subdivision (e)(1)(A), then the LEA or public charter school must submit a letter to the commissioner of education every thirty (30) days that an officer is not posted explaining why the LEA or public charter school, as applicable, has not had an officer posted; and (ii) If the department of education receives notice of a subsequent violation of subsection (a) by the school in one (1) school year, the commissioner shall withhold state funds from the LEA or public charter school, in either the current or upcoming school year, in the following amounts: (a) For a third violation of subsection (a) committed by a school in one (1) school year, two percent (2%) of the annual state funds generated by the school in the TISA; (b) For a fourth violation of subsection (a) committed by a school in one (1) school year, four percent (4%) of the annual state funds generated by the school in the TISA; (c) For a fifth violation of subsection (a) committed by a school in one (1) school year, six percent (6%) of the annual state funds generated by the school in the TISA; (d) For a sixth violation of subsection (a) committed by a school in one (1) school year, eight percent (8%) of the annual state funds generated by the school in the TISA; and (e) For a seventh violation of subsection (a) committed by a school in one (1) school year, ten percent (10%) of the annual state funds generated by the school in the TISA; or (B) If the LEA or public charter school currently has a full-time school resource officer or armed school security officer whose primary location is the school found to have violated subsection (a) on two (2) or more occasions, the commissioner shall withhold state funds from the LEA or public charter school, in either the current or upcoming school year, in the following amounts: (i) For the second violation of subsection (a) committed by the school in one (1) school year, two percent (2%) of the annual state funds generated by the school in the TISA; (ii) For a third violation of subsection (a) committed by the school in one (1) school year, four percent (4%) of the annual state funds generated by the school in the TISA; (iii) For a fourth violation of subsection (a) committed by the school in one (1) school year, six percent (6%) of the annual state funds generated by the school in the TISA; (iv) For a fifth violation of subsection (a) committed by the school in one (1) school year, eight percent (8%) of the annual state funds generated by the school in the TISA; and (v) For a sixth violation of subsection (a) committed by the school in one (1) school year, ten percent (10%) of the annual state funds generated by the school in the TISA. (2) If funds are withheld pursuant to subdivision (e)(1)(A) or (B), then the funds must be withheld until: (A) The LEA or public charter school has the required school resource officer or armed school security officer posted at the school; and (B) The LEA or public charter school submits to the department of education, and receives the department's approval of, a corrective action plan. The corrective action plan must include: (i) A statement or other evidence demonstrating that the violation of subsection (a) has been remedied; (ii) Actions to be taken by the LEA or public charter school to resolve the behavior or issue that contributed to, or caused, the violation, including any new written procedures or training; (iii) Deadlines for the LEA or public charter school to successfully complete the actions identified in the corrective action plan pursuant to subdivision (e)(2)(B)(ii); and (iv) Dates for the LEA or public charter school to submit reports and documentation to the department to verify the LEA's or public charter school's implementation of the actions identified in the corrective action plan pursuant to subdivision (e)(2)(B)(ii). (3) The percentage of any funds withheld pursuant to subdivision (e)(1)(A) or (B) must be calculated by the department of education based on the amount of state funds generated by the school in the TISA for the previous school year. If a public charter school did not generate state funds in the previous school year, then the percentage of any funds withheld pursuant to subdivision (e)(1)(A) or (B) must be based on the average amount of state funds generated by the schools in the LEA in which the public charter school is located. (f) As used in this section: (1) "Armed school security officer" means an off-duty law enforcement officer providing school security services pursuant to § 49-6-809 ; (2) "Church-related school" means a school as defined in § 49-50-801 ; and (3) "Private school" means a school accredited by, or a member of, an organization or association approved by the state board of education as an organization accrediting or setting academic requirements in schools, or that has been approved by the state, or is in the future approved by the commissioner in accordance with rules promulgated by the state board of education. Added by 2023 Tenn. Acts, ch. 367, s 10, eff. 7/1/2023.
(a) Each public school operated by an LEA, public charter school, private school, and church-related school shall ensure that all exterior doors leading into a school building are locked at all times and access to school buildings is limited to the school's primary entrance, unless otherwise determined by school policy, to prevent unauthorized entry into the school building while students are present during the school day as well as when students are present outside of regular school hours for school-related purposes or activities.
(b) Notwithstanding subsection (a), outside of regular school hours, a public school operated by an LEA, public charter school, private school, or church-related school may unlock the door to the school building's primary entrance during a school-related event or activity if the door is continuously monitored by a school or LEA employee who is physically present at the door to ensure access is limited to only authorized persons and to alert others if an unauthorized person enters, or attempts to enter, the school building.
(c) State and local law enforcement personnel are authorized to inspect a door serving as an entrance to, or exit from, an LEA or public charter school building to determine whether the door is locked as required by subsection (a). There is no limit on the number of inspections law enforcement personnel may conduct under this subsection (c). Except as provided in subsection (b), if law enforcement personnel find that the door to an entrance or exit from a school building is unlocked in violation of subsection (a), then the school must immediately lock the door and the law enforcement agency that found the unlocked door shall, within twenty-four (24) hours, send written notification to: (1) The LEA's director of schools or the leader of the public charter school, as applicable; (2) The chair of the local board of education or public charter school governing body, as applicable; (3) The head of the parent-teacher organization for the LEA or public charter school, if there is such an organization for the public charter school; (4) The school principal; (5) The department of safety; (6) The department of education; and (7) Each local law enforcement agency with jurisdiction.
(1) The LEA's director of schools or the leader of the public charter school, as applicable;
(2) The chair of the local board of education or public charter school governing body, as applicable;
(3) The head of the parent-teacher organization for the LEA or public charter school, if there is such an organization for the public charter school;
(4) The school principal;
(5) The department of safety;
(6) The department of education; and
(7) Each local law enforcement agency with jurisdiction.
(d) The LEA's director of schools, the leader of the public charter school, or their respective designees, shall, within forty-eight (48) hours of receiving notification from the law enforcement agency under subsection (c), send written confirmation to the notifying law enforcement agency that the door was immediately locked as required by subsection (a) and that processes are in place to ensure that the door remains locked as required by subsection (a), except as authorized in subsection (b). The director, leader, or their respective designee shall send a copy of the director's, leader's, or their respective designee's written confirmation to the recipients identified in subdivisions (c)(2)-(7). The director's, leader's, or their respective designee's written confirmation must state whether the LEA or public charter school has a full-time school resource officer whose primary location is the school found to be in violation of subsection (a).
(e) (1) If an LEA or public charter school is found to have violated subsection (a) on two (2) or more occasions in one (1) school year, then: (A) (i) If the LEA or public charter school does not currently have a school resource officer whose primary location is the school found to have violated subsection (a) on two (2) or more occasions in one (1) school year, the LEA or public charter school shall cause a full-time school resource officer or armed school security officer to be posted at the school. The LEA or public charter school shall bear the cost of posting the school resource officer or armed school security officer. The school resource officer or armed school security officer must be posted at the school within thirty (30) days from the date on which the LEA or public charter school received notification under subsection (d) of the school's second violation of subsection (a). The LEA or public charter school shall notify the commissioner of education that the required school resource officer or armed school security officer is posted. If the LEA or public charter school fails to have a school resource officer or armed school security officer posted within thirty (30) days as required in this subdivision (e)(1)(A), then the LEA or public charter school must submit a letter to the commissioner of education every thirty (30) days that an officer is not posted explaining why the LEA or public charter school, as applicable, has not had an officer posted; and (ii) If the department of education receives notice of a subsequent violation of subsection (a) by the school in one (1) school year, the commissioner shall withhold state funds from the LEA or public charter school, in either the current or upcoming school year, in the following amounts: (a) For a third violation of subsection (a) committed by a school in one (1) school year, two percent (2%) of the annual state funds generated by the school in the TISA; (b) For a fourth violation of subsection (a) committed by a school in one (1) school year, four percent (4%) of the annual state funds generated by the school in the TISA; (c) For a fifth violation of subsection (a) committed by a school in one (1) school year, six percent (6%) of the annual state funds generated by the school in the TISA; (d) For a sixth violation of subsection (a) committed by a school in one (1) school year, eight percent (8%) of the annual state funds generated by the school in the TISA; and (e) For a seventh violation of subsection (a) committed by a school in one (1) school year, ten percent (10%) of the annual state funds generated by the school in the TISA; or (B) If the LEA or public charter school currently has a full-time school resource officer or armed school security officer whose primary location is the school found to have violated subsection (a) on two (2) or more occasions, the commissioner shall withhold state funds from the LEA or public charter school, in either the current or upcoming school year, in the following amounts: (i) For the second violation of subsection (a) committed by the school in one (1) school year, two percent (2%) of the annual state funds generated by the school in the TISA; (ii) For a third violation of subsection (a) committed by the school in one (1) school year, four percent (4%) of the annual state funds generated by the school in the TISA; (iii) For a fourth violation of subsection (a) committed by the school in one (1) school year, six percent (6%) of the annual state funds generated by the school in the TISA; (iv) For a fifth violation of subsection (a) committed by the school in one (1) school year, eight percent (8%) of the annual state funds generated by the school in the TISA; and (v) For a sixth violation of subsection (a) committed by the school in one (1) school year, ten percent (10%) of the annual state funds generated by the school in the TISA. (2) If funds are withheld pursuant to subdivision (e)(1)(A) or (B), then the funds must be withheld until: (A) The LEA or public charter school has the required school resource officer or armed school security officer posted at the school; and (B) The LEA or public charter school submits to the department of education, and receives the department's approval of, a corrective action plan. The corrective action plan must include: (i) A statement or other evidence demonstrating that the violation of subsection (a) has been remedied; (ii) Actions to be taken by the LEA or public charter school to resolve the behavior or issue that contributed to, or caused, the violation, including any new written procedures or training; (iii) Deadlines for the LEA or public charter school to successfully complete the actions identified in the corrective action plan pursuant to subdivision (e)(2)(B)(ii); and (iv) Dates for the LEA or public charter school to submit reports and documentation to the department to verify the LEA's or public charter school's implementation of the actions identified in the corrective action plan pursuant to subdivision (e)(2)(B)(ii). (3) The percentage of any funds withheld pursuant to subdivision (e)(1)(A) or (B) must be calculated by the department of education based on the amount of state funds generated by the school in the TISA for the previous school year. If a public charter school did not generate state funds in the previous school year, then the percentage of any funds withheld pursuant to subdivision (e)(1)(A) or (B) must be based on the average amount of state funds generated by the schools in the LEA in which the public charter school is located.
(1) If an LEA or public charter school is found to have violated subsection (a) on two (2) or more occasions in one (1) school year, then: (A) (i) If the LEA or public charter school does not currently have a school resource officer whose primary location is the school found to have violated subsection (a) on two (2) or more occasions in one (1) school year, the LEA or public charter school shall cause a full-time school resource officer or armed school security officer to be posted at the school. The LEA or public charter school shall bear the cost of posting the school resource officer or armed school security officer. The school resource officer or armed school security officer must be posted at the school within thirty (30) days from the date on which the LEA or public charter school received notification under subsection (d) of the school's second violation of subsection (a). The LEA or public charter school shall notify the commissioner of education that the required school resource officer or armed school security officer is posted. If the LEA or public charter school fails to have a school resource officer or armed school security officer posted within thirty (30) days as required in this subdivision (e)(1)(A), then the LEA or public charter school must submit a letter to the commissioner of education every thirty (30) days that an officer is not posted explaining why the LEA or public charter school, as applicable, has not had an officer posted; and (ii) If the department of education receives notice of a subsequent violation of subsection (a) by the school in one (1) school year, the commissioner shall withhold state funds from the LEA or public charter school, in either the current or upcoming school year, in the following amounts: (a) For a third violation of subsection (a) committed by a school in one (1) school year, two percent (2%) of the annual state funds generated by the school in the TISA; (b) For a fourth violation of subsection (a) committed by a school in one (1) school year, four percent (4%) of the annual state funds generated by the school in the TISA; (c) For a fifth violation of subsection (a) committed by a school in one (1) school year, six percent (6%) of the annual state funds generated by the school in the TISA; (d) For a sixth violation of subsection (a) committed by a school in one (1) school year, eight percent (8%) of the annual state funds generated by the school in the TISA; and (e) For a seventh violation of subsection (a) committed by a school in one (1) school year, ten percent (10%) of the annual state funds generated by the school in the TISA; or (B) If the LEA or public charter school currently has a full-time school resource officer or armed school security officer whose primary location is the school found to have violated subsection (a) on two (2) or more occasions, the commissioner shall withhold state funds from the LEA or public charter school, in either the current or upcoming school year, in the following amounts: (i) For the second violation of subsection (a) committed by the school in one (1) school year, two percent (2%) of the annual state funds generated by the school in the TISA; (ii) For a third violation of subsection (a) committed by the school in one (1) school year, four percent (4%) of the annual state funds generated by the school in the TISA; (iii) For a fourth violation of subsection (a) committed by the school in one (1) school year, six percent (6%) of the annual state funds generated by the school in the TISA; (iv) For a fifth violation of subsection (a) committed by the school in one (1) school year, eight percent (8%) of the annual state funds generated by the school in the TISA; and (v) For a sixth violation of subsection (a) committed by the school in one (1) school year, ten percent (10%) of the annual state funds generated by the school in the TISA.
(A) (i) If the LEA or public charter school does not currently have a school resource officer whose primary location is the school found to have violated subsection (a) on two (2) or more occasions in one (1) school year, the LEA or public charter school shall cause a full-time school resource officer or armed school security officer to be posted at the school. The LEA or public charter school shall bear the cost of posting the school resource officer or armed school security officer. The school resource officer or armed school security officer must be posted at the school within thirty (30) days from the date on which the LEA or public charter school received notification under subsection (d) of the school's second violation of subsection (a). The LEA or public charter school shall notify the commissioner of education that the required school resource officer or armed school security officer is posted. If the LEA or public charter school fails to have a school resource officer or armed school security officer posted within thirty (30) days as required in this subdivision (e)(1)(A), then the LEA or public charter school must submit a letter to the commissioner of education every thirty (30) days that an officer is not posted explaining why the LEA or public charter school, as applicable, has not had an officer posted; and (ii) If the department of education receives notice of a subsequent violation of subsection (a) by the school in one (1) school year, the commissioner shall withhold state funds from the LEA or public charter school, in either the current or upcoming school year, in the following amounts: (a) For a third violation of subsection (a) committed by a school in one (1) school year, two percent (2%) of the annual state funds generated by the school in the TISA; (b) For a fourth violation of subsection (a) committed by a school in one (1) school year, four percent (4%) of the annual state funds generated by the school in the TISA; (c) For a fifth violation of subsection (a) committed by a school in one (1) school year, six percent (6%) of the annual state funds generated by the school in the TISA; (d) For a sixth violation of subsection (a) committed by a school in one (1) school year, eight percent (8%) of the annual state funds generated by the school in the TISA; and (e) For a seventh violation of subsection (a) committed by a school in one (1) school year, ten percent (10%) of the annual state funds generated by the school in the TISA; or
(i) If the LEA or public charter school does not currently have a school resource officer whose primary location is the school found to have violated subsection (a) on two (2) or more occasions in one (1) school year, the LEA or public charter school shall cause a full-time school resource officer or armed school security officer to be posted at the school. The LEA or public charter school shall bear the cost of posting the school resource officer or armed school security officer. The school resource officer or armed school security officer must be posted at the school within thirty (30) days from the date on which the LEA or public charter school received notification under subsection (d) of the school's second violation of subsection (a). The LEA or public charter school shall notify the commissioner of education that the required school resource officer or armed school security officer is posted. If the LEA or public charter school fails to have a school resource officer or armed school security officer posted within thirty (30) days as required in this subdivision (e)(1)(A), then the LEA or public charter school must submit a letter to the commissioner of education every thirty (30) days that an officer is not posted explaining why the LEA or public charter school, as applicable, has not had an officer posted; and
(ii) If the department of education receives notice of a subsequent violation of subsection (a) by the school in one (1) school year, the commissioner shall withhold state funds from the LEA or public charter school, in either the current or upcoming school year, in the following amounts: (a) For a third violation of subsection (a) committed by a school in one (1) school year, two percent (2%) of the annual state funds generated by the school in the TISA; (b) For a fourth violation of subsection (a) committed by a school in one (1) school year, four percent (4%) of the annual state funds generated by the school in the TISA; (c) For a fifth violation of subsection (a) committed by a school in one (1) school year, six percent (6%) of the annual state funds generated by the school in the TISA; (d) For a sixth violation of subsection (a) committed by a school in one (1) school year, eight percent (8%) of the annual state funds generated by the school in the TISA; and (e) For a seventh violation of subsection (a) committed by a school in one (1) school year, ten percent (10%) of the annual state funds generated by the school in the TISA; or
(a) For a third violation of subsection (a) committed by a school in one (1) school year, two percent (2%) of the annual state funds generated by the school in the TISA;
(b) For a fourth violation of subsection (a) committed by a school in one (1) school year, four percent (4%) of the annual state funds generated by the school in the TISA;
(c) For a fifth violation of subsection (a) committed by a school in one (1) school year, six percent (6%) of the annual state funds generated by the school in the TISA;
(d) For a sixth violation of subsection (a) committed by a school in one (1) school year, eight percent (8%) of the annual state funds generated by the school in the TISA; and
(e) For a seventh violation of subsection (a) committed by a school in one (1) school year, ten percent (10%) of the annual state funds generated by the school in the TISA; or
(B) If the LEA or public charter school currently has a full-time school resource officer or armed school security officer whose primary location is the school found to have violated subsection (a) on two (2) or more occasions, the commissioner shall withhold state funds from the LEA or public charter school, in either the current or upcoming school year, in the following amounts: (i) For the second violation of subsection (a) committed by the school in one (1) school year, two percent (2%) of the annual state funds generated by the school in the TISA; (ii) For a third violation of subsection (a) committed by the school in one (1) school year, four percent (4%) of the annual state funds generated by the school in the TISA; (iii) For a fourth violation of subsection (a) committed by the school in one (1) school year, six percent (6%) of the annual state funds generated by the school in the TISA; (iv) For a fifth violation of subsection (a) committed by the school in one (1) school year, eight percent (8%) of the annual state funds generated by the school in the TISA; and (v) For a sixth violation of subsection (a) committed by the school in one (1) school year, ten percent (10%) of the annual state funds generated by the school in the TISA.
(i) For the second violation of subsection (a) committed by the school in one (1) school year, two percent (2%) of the annual state funds generated by the school in the TISA;
(ii) For a third violation of subsection (a) committed by the school in one (1) school year, four percent (4%) of the annual state funds generated by the school in the TISA;
(iii) For a fourth violation of subsection (a) committed by the school in one (1) school year, six percent (6%) of the annual state funds generated by the school in the TISA;
(iv) For a fifth violation of subsection (a) committed by the school in one (1) school year, eight percent (8%) of the annual state funds generated by the school in the TISA; and
(v) For a sixth violation of subsection (a) committed by the school in one (1) school year, ten percent (10%) of the annual state funds generated by the school in the TISA.
(2) If funds are withheld pursuant to subdivision (e)(1)(A) or (B), then the funds must be withheld until: (A) The LEA or public charter school has the required school resource officer or armed school security officer posted at the school; and (B) The LEA or public charter school submits to the department of education, and receives the department's approval of, a corrective action plan. The corrective action plan must include: (i) A statement or other evidence demonstrating that the violation of subsection (a) has been remedied; (ii) Actions to be taken by the LEA or public charter school to resolve the behavior or issue that contributed to, or caused, the violation, including any new written procedures or training; (iii) Deadlines for the LEA or public charter school to successfully complete the actions identified in the corrective action plan pursuant to subdivision (e)(2)(B)(ii); and (iv) Dates for the LEA or public charter school to submit reports and documentation to the department to verify the LEA's or public charter school's implementation of the actions identified in the corrective action plan pursuant to subdivision (e)(2)(B)(ii).
(A) The LEA or public charter school has the required school resource officer or armed school security officer posted at the school; and
(B) The LEA or public charter school submits to the department of education, and receives the department's approval of, a corrective action plan. The corrective action plan must include: (i) A statement or other evidence demonstrating that the violation of subsection (a) has been remedied; (ii) Actions to be taken by the LEA or public charter school to resolve the behavior or issue that contributed to, or caused, the violation, including any new written procedures or training; (iii) Deadlines for the LEA or public charter school to successfully complete the actions identified in the corrective action plan pursuant to subdivision (e)(2)(B)(ii); and (iv) Dates for the LEA or public charter school to submit reports and documentation to the department to verify the LEA's or public charter school's implementation of the actions identified in the corrective action plan pursuant to subdivision (e)(2)(B)(ii).
(i) A statement or other evidence demonstrating that the violation of subsection (a) has been remedied;
(ii) Actions to be taken by the LEA or public charter school to resolve the behavior or issue that contributed to, or caused, the violation, including any new written procedures or training;
(iii) Deadlines for the LEA or public charter school to successfully complete the actions identified in the corrective action plan pursuant to subdivision (e)(2)(B)(ii); and
(iv) Dates for the LEA or public charter school to submit reports and documentation to the department to verify the LEA's or public charter school's implementation of the actions identified in the corrective action plan pursuant to subdivision (e)(2)(B)(ii).
(3) The percentage of any funds withheld pursuant to subdivision (e)(1)(A) or (B) must be calculated by the department of education based on the amount of state funds generated by the school in the TISA for the previous school year. If a public charter school did not generate state funds in the previous school year, then the percentage of any funds withheld pursuant to subdivision (e)(1)(A) or (B) must be based on the average amount of state funds generated by the schools in the LEA in which the public charter school is located.
(f) As used in this section: (1) "Armed school security officer" means an off-duty law enforcement officer providing school security services pursuant to § 49-6-809 ; (2) "Church-related school" means a school as defined in § 49-50-801 ; and (3) "Private school" means a school accredited by, or a member of, an organization or association approved by the state board of education as an organization accrediting or setting academic requirements in schools, or that has been approved by the state, or is in the future approved by the commissioner in accordance with rules promulgated by the state board of education.
(1) "Armed school security officer" means an off-duty law enforcement officer providing school security services pursuant to § 49-6-809 ;
(2) "Church-related school" means a school as defined in § 49-50-801 ; and
(3) "Private school" means a school accredited by, or a member of, an organization or association approved by the state board of education as an organization accrediting or setting academic requirements in schools, or that has been approved by the state, or is in the future approved by the commissioner in accordance with rules promulgated by the state board of education.
Added by 2023 Tenn. Acts, ch. 367, s 10, eff. 7/1/2023.
Tenn. Code Ann. § 49-6-2304 — TN Code / Title 49 / Chapter 6 / Section 49-6-2304
Review of compliance with laws and regulations
Status: in_force

(a) Within thirty (30) days prior to the beginning of the school year, the commissioner shall review each plan and subsequent modifications submitted under § 49-6-2303(7) and determine whether the plan complies with this part. (b) The commissioner shall investigate and promptly act upon any allegation of noncompliance within this part or the rules and regulations established under this part. Amended by 2018 Tenn. Acts, ch. 725, s 40, eff. 4/18/2018. Amended by 2015 Tenn. Acts, ch. 182, s 46, eff. 4/17/2015. Acts 1986, ch. 904, §§ 4, 5.
(a) Within thirty (30) days prior to the beginning of the school year, the commissioner shall review each plan and subsequent modifications submitted under § 49-6-2303(7) and determine whether the plan complies with this part.
(b) The commissioner shall investigate and promptly act upon any allegation of noncompliance within this part or the rules and regulations established under this part.
Amended by 2018 Tenn. Acts, ch. 725, s 40, eff. 4/18/2018.
Amended by 2015 Tenn. Acts, ch. 182, s 46, eff. 4/17/2015.
Acts 1986, ch. 904, §§ 4, 5.
Tenn. Code Ann. § 49-1-101 — TN Code / Title 49 / Chapter 1 / Section 49-1-101
System established
Status: in_force

There is established a system of public education. Acts 1925, ch. 115, § 1; Shan. Supp., § 1487a15; mod. Code 1932, § 2306; T.C.A. (orig. ed.), § 49-101.
There is established a system of public education.
Acts 1925, ch. 115, § 1; Shan. Supp., § 1487a15; mod. Code 1932, § 2306; T.C.A. (orig. ed.), § 49-101.
Tenn. Code Ann. § 49-2-704 — TN Code / Title 49 / Chapter 2 / Section 49-2-704
Permitted and prohibited actions without approval when district designated as a high performing school district
Status: in_force

(a) A high performing school district may, during any year in which the designation is in effect, without first seeking or obtaining approval from any other state or local governmental agency or unit: (1) Appropriate additional funds as needed from the fund balance of self-sustaining or self-sufficient funds, including, but not limited to, the central cafeteria fund and the extended school program fund; (2) Utilize a teacher evaluation system which varies from the evaluation system established by the department as though a flexibility waiver had been applied for and granted to the district. Notwithstanding the foregoing, the alternative teacher evaluation system used shall comply with all rules of the state board. The high performing school district shall submit the evaluation system it plans to use to the department; and (3) Add educational days to that district's school calendar, so long as the minimum number of school days required by law is met. (b) A high performing school district, during any year in which the designation is in effect, may apply to the commissioner of education for a waiver of any state board rule, regulation or statute that inhibits or hinders the district's ability to meet its goals or comply with its mission statement. At the discretion of the commissioner the waiver may be granted, but the commissioner shall not grant a waiver where waivers are otherwise prohibited in this title, and shall not waive regulatory or statutory requirements related to: (1) Federal and state civil rights; (2) Federal, state, and local health and safety; (3) Federal and state public records; (4) Immunizations; (5) Possession of weapons on school grounds; (6) Background checks and fingerprinting of personnel; (7) Federal and state special education services; (8) Student due process; (9) Parental rights; (10) Federal and state student assessment and accountability; (11) Open meetings; and (12) At least the same equivalent time of instruction as required in regular public schools. Added by 2013 Tenn. Acts, ch. 393,s 5, eff. 5/6/2013.
(a) A high performing school district may, during any year in which the designation is in effect, without first seeking or obtaining approval from any other state or local governmental agency or unit: (1) Appropriate additional funds as needed from the fund balance of self-sustaining or self-sufficient funds, including, but not limited to, the central cafeteria fund and the extended school program fund; (2) Utilize a teacher evaluation system which varies from the evaluation system established by the department as though a flexibility waiver had been applied for and granted to the district. Notwithstanding the foregoing, the alternative teacher evaluation system used shall comply with all rules of the state board. The high performing school district shall submit the evaluation system it plans to use to the department; and (3) Add educational days to that district's school calendar, so long as the minimum number of school days required by law is met.
(1) Appropriate additional funds as needed from the fund balance of self-sustaining or self-sufficient funds, including, but not limited to, the central cafeteria fund and the extended school program fund;
(2) Utilize a teacher evaluation system which varies from the evaluation system established by the department as though a flexibility waiver had been applied for and granted to the district. Notwithstanding the foregoing, the alternative teacher evaluation system used shall comply with all rules of the state board. The high performing school district shall submit the evaluation system it plans to use to the department; and
(3) Add educational days to that district's school calendar, so long as the minimum number of school days required by law is met.
(b) A high performing school district, during any year in which the designation is in effect, may apply to the commissioner of education for a waiver of any state board rule, regulation or statute that inhibits or hinders the district's ability to meet its goals or comply with its mission statement. At the discretion of the commissioner the waiver may be granted, but the commissioner shall not grant a waiver where waivers are otherwise prohibited in this title, and shall not waive regulatory or statutory requirements related to: (1) Federal and state civil rights; (2) Federal, state, and local health and safety; (3) Federal and state public records; (4) Immunizations; (5) Possession of weapons on school grounds; (6) Background checks and fingerprinting of personnel; (7) Federal and state special education services; (8) Student due process; (9) Parental rights; (10) Federal and state student assessment and accountability; (11) Open meetings; and (12) At least the same equivalent time of instruction as required in regular public schools.
(1) Federal and state civil rights;
(2) Federal, state, and local health and safety;
(3) Federal and state public records;
(4) Immunizations;
(5) Possession of weapons on school grounds;
(6) Background checks and fingerprinting of personnel;
(7) Federal and state special education services;
(8) Student due process;
(9) Parental rights;
(10) Federal and state student assessment and accountability;
(11) Open meetings; and
(12) At least the same equivalent time of instruction as required in regular public schools.
Added by 2013 Tenn. Acts, ch. 393,s 5, eff. 5/6/2013.
Tenn. Code Ann. § 49-6-3001 — TN Code / Title 49 / Chapter 6 / Section 49-6-3001
School age - Entrance - Attendance - Withdrawal
Status: in_force

(a) The public schools are free to all persons residing within the state who are above five (5) years of age, or who will become five (5) years of age on or before August 15. (b) (1) Any child residing within the state who is five (5) years of age, or who will become five (5) years of age on or before August 15, may enter the public school designated by the local board of education having appropriate jurisdiction at the beginning of the term; provided, that the child enters within thirty (30) days after the opening day of the term. (2) (A) Any child who will not become five (5) years of age until after December 31 shall not enter school during that school year; provided, that LEAs having semiannual promotions may admit, at the beginning of any semester, children who will become five (5) years of age within sixty (60) days following the opening of the semester. (B) Notwithstanding subdivision (b)(2)(A), if the director of schools finds through evaluation and testing, at the request of the parent or legal guardian, that a child who is five (5) years of age on or before September 30 is sufficiently mature emotionally and academically, then the child may be permitted to enter kindergarten. (3) Where a student meets the requirements of the state board of education for transfer or admission purposes, the student may be admitted by a local board of education, notwithstanding any other provision or act to the contrary. (c) (1) Every parent, guardian or other legal custodian residing within this state having control or charge of any child or children between six (6) years of age and seventeen (17) years of age, both inclusive, shall cause the child or children to attend public or nonpublic school, and in event of failure to do so, shall be subject to the penalties provided in this part. If a student transfers from a school to another school in the same LEA, the LEA shall remit copies of the student's records, including the student's disciplinary records, to the school to which the student transfers. If a student transfers from an LEA to another LEA, then the LEA from which a student transfers shall remit copies of the student's records, including the student's disciplinary records, to the LEA to which the student transfers. All records shall be remitted in accordance with the Family Education Rights and Privacy Act ( 20 U.S.C. § 1232g ). (2) Subdivision (c)(1) does not apply to any child who: (A) Has received a diploma or other certificate of graduation issued to the person from a secondary high school of this state or any other state; (B) Is enrolled and making satisfactory progress in a course leading to a high school equivalency credential approved by the state board of education from a state-approved institution or organization, or who has obtained a high school equivalency credential approved by the state board of education. Any institution or organization that enrolls a child who is under eighteen (18) years of age shall provide a report to the local board of education at least three (3) times each year relative to the progress of all such persons under eighteen (18) years of age. If the local board of education determines any child under eighteen (18) years of age is not making satisfactory progress, then the child shall be subject to subdivision (c)(1); (C) Is six (6) years of age or younger and whose parent or guardian has filed a notice of intent to conduct a home school with the director of the LEA or with the director of a church-related school; or (D) A student enrolled in a home school who has reached seventeen (17) years of age. (3) As used in this part, "public school" and "nonpublic school" are defined as follows: (A) "Nonpublic school" means a church-related school, home school or private school; (i) "Church-related school" means a school as defined in § 49-50-801 ; (ii) "Home school" means a school as defined in § 49-6-3050 ; and (iii) "Private school" means a school accredited by, or a member of, an organization or association approved by the state board of education as an organization accrediting or setting academic requirements in schools, or that has been approved by the state, or is in the future approved by the commissioner in accordance with rules promulgated by the state board of education; and (B) "Public school" means any school operated by an LEA or by the state with public funds. (4) A parent or guardian with any good and substantial reason as determined by the parent or other person having legal custody of a child, and agreed to by the respective local board of education, may withdraw the parent's or other person's child from a public school; provided, that within thirty (30) days the parent or person having legal custody of the child places the child in a public school designated by the local board of education or in a nonpublic school. (5) A parent or guardian who believes that the parent's or guardian's child is not ready to attend school at the designated age of mandatory attendance may make application to the principal of the public school that the child would attend for a one (1) semester or one (1) year deferral in required attendance. The deferral shall be reported to the director of the LEA by the principal. (6) Notwithstanding any other law to the contrary, a person designated as a caregiver with the power of attorney for care of a minor child pursuant to title 34, chapter 6, part 3 shall have the right to enroll the minor child in the LEA serving the area where the caregiver resides. The LEA shall allow a caregiver with a properly executed power of attorney for care of a minor child, pursuant to title 34, chapter 6, part 3, to enroll the minor child, but may require documentation of the minor child's residence with a caregiver or documentation or other verification of the validity of the stated hardship prior to enrollment. If the minor child ceases to reside with the caregiver, then the caregiver shall notify any person, school or health care provider that has been provided documentation of the power of attorney for care of a minor child. Except where limited by federal law, the caregiver shall be assigned the rights, duties and responsibilities that would otherwise be assigned to the parent, legal guardian or legal custodian pursuant to this title. If at any time the parent or legal guardian disagrees with the decision of the caregiver or chooses to make any educational decisions for the minor child, then the parent must revoke the power of attorney and provide the LEA written documentation of the revocation. Amended by 2023 Tenn. Acts, ch. 114, s 27, eff. 7/1/2023. Amended by 2021 Tenn. Acts, ch. 493, Secs.s 23, s 24, s 25 eff. 5/25/2021. Amended by 2015 Tenn. Acts, ch. 445, s 1, eff. 5/18/2015. Amended by 2014 Tenn. Acts, ch. 692, s 1, eff. 7/1/2014. Amended by 2013 Tenn. Acts, ch. 85, s 2, eff. 4/8/2013. Acts 1925, ch. 115, § 19; Shan. Supp., § 1487a141; Code 1932, § 2472; Acts 1947, ch. 87, § 1; 1947, ch. 129, § 1; C. Supp. 1950, §§ 2383.1, 2442.1 (Williams, § 2472.1); Acts 1957, ch. 9, § 1; 1959, ch. 289, § 1; 1965, ch. 239, § 1; 1965, ch. 303, §§ 1, 2; 1968, ch. 417, §§ 1, 2; 1972, ch. 693, § 13; 1974, ch. 654, §§ 79-81; T.C.A. (orig. ed.), §§ 49-1701, 49-1702, 49-1708; Acts 1985, ch. 398, § 1; 1987, ch. 42, § 1; 1992, ch. 535, §§ 78, 81; 1997 , ch. 329, § 1; 1997 , ch. 392, §§ 1, 2, 5, 10; 1998, ch. 792, § 1; 2003 , ch. 71, § 3; 2012 , ch. 991, §§ 2 - 5.
(a) The public schools are free to all persons residing within the state who are above five (5) years of age, or who will become five (5) years of age on or before August 15.
(b) (1) Any child residing within the state who is five (5) years of age, or who will become five (5) years of age on or before August 15, may enter the public school designated by the local board of education having appropriate jurisdiction at the beginning of the term; provided, that the child enters within thirty (30) days after the opening day of the term. (2) (A) Any child who will not become five (5) years of age until after December 31 shall not enter school during that school year; provided, that LEAs having semiannual promotions may admit, at the beginning of any semester, children who will become five (5) years of age within sixty (60) days following the opening of the semester. (B) Notwithstanding subdivision (b)(2)(A), if the director of schools finds through evaluation and testing, at the request of the parent or legal guardian, that a child who is five (5) years of age on or before September 30 is sufficiently mature emotionally and academically, then the child may be permitted to enter kindergarten. (3) Where a student meets the requirements of the state board of education for transfer or admission purposes, the student may be admitted by a local board of education, notwithstanding any other provision or act to the contrary.
(1) Any child residing within the state who is five (5) years of age, or who will become five (5) years of age on or before August 15, may enter the public school designated by the local board of education having appropriate jurisdiction at the beginning of the term; provided, that the child enters within thirty (30) days after the opening day of the term.
(2) (A) Any child who will not become five (5) years of age until after December 31 shall not enter school during that school year; provided, that LEAs having semiannual promotions may admit, at the beginning of any semester, children who will become five (5) years of age within sixty (60) days following the opening of the semester. (B) Notwithstanding subdivision (b)(2)(A), if the director of schools finds through evaluation and testing, at the request of the parent or legal guardian, that a child who is five (5) years of age on or before September 30 is sufficiently mature emotionally and academically, then the child may be permitted to enter kindergarten.
(A) Any child who will not become five (5) years of age until after December 31 shall not enter school during that school year; provided, that LEAs having semiannual promotions may admit, at the beginning of any semester, children who will become five (5) years of age within sixty (60) days following the opening of the semester.
(B) Notwithstanding subdivision (b)(2)(A), if the director of schools finds through evaluation and testing, at the request of the parent or legal guardian, that a child who is five (5) years of age on or before September 30 is sufficiently mature emotionally and academically, then the child may be permitted to enter kindergarten.
(3) Where a student meets the requirements of the state board of education for transfer or admission purposes, the student may be admitted by a local board of education, notwithstanding any other provision or act to the contrary.
(c) (1) Every parent, guardian or other legal custodian residing within this state having control or charge of any child or children between six (6) years of age and seventeen (17) years of age, both inclusive, shall cause the child or children to attend public or nonpublic school, and in event of failure to do so, shall be subject to the penalties provided in this part. If a student transfers from a school to another school in the same LEA, the LEA shall remit copies of the student's records, including the student's disciplinary records, to the school to which the student transfers. If a student transfers from an LEA to another LEA, then the LEA from which a student transfers shall remit copies of the student's records, including the student's disciplinary records, to the LEA to which the student transfers. All records shall be remitted in accordance with the Family Education Rights and Privacy Act ( 20 U.S.C. § 1232g ). (2) Subdivision (c)(1) does not apply to any child who: (A) Has received a diploma or other certificate of graduation issued to the person from a secondary high school of this state or any other state; (B) Is enrolled and making satisfactory progress in a course leading to a high school equivalency credential approved by the state board of education from a state-approved institution or organization, or who has obtained a high school equivalency credential approved by the state board of education. Any institution or organization that enrolls a child who is under eighteen (18) years of age shall provide a report to the local board of education at least three (3) times each year relative to the progress of all such persons under eighteen (18) years of age. If the local board of education determines any child under eighteen (18) years of age is not making satisfactory progress, then the child shall be subject to subdivision (c)(1); (C) Is six (6) years of age or younger and whose parent or guardian has filed a notice of intent to conduct a home school with the director of the LEA or with the director of a church-related school; or (D) A student enrolled in a home school who has reached seventeen (17) years of age. (3) As used in this part, "public school" and "nonpublic school" are defined as follows: (A) "Nonpublic school" means a church-related school, home school or private school; (i) "Church-related school" means a school as defined in § 49-50-801 ; (ii) "Home school" means a school as defined in § 49-6-3050 ; and (iii) "Private school" means a school accredited by, or a member of, an organization or association approved by the state board of education as an organization accrediting or setting academic requirements in schools, or that has been approved by the state, or is in the future approved by the commissioner in accordance with rules promulgated by the state board of education; and (B) "Public school" means any school operated by an LEA or by the state with public funds. (4) A parent or guardian with any good and substantial reason as determined by the parent or other person having legal custody of a child, and agreed to by the respective local board of education, may withdraw the parent's or other person's child from a public school; provided, that within thirty (30) days the parent or person having legal custody of the child places the child in a public school designated by the local board of education or in a nonpublic school. (5) A parent or guardian who believes that the parent's or guardian's child is not ready to attend school at the designated age of mandatory attendance may make application to the principal of the public school that the child would attend for a one (1) semester or one (1) year deferral in required attendance. The deferral shall be reported to the director of the LEA by the principal. (6) Notwithstanding any other law to the contrary, a person designated as a caregiver with the power of attorney for care of a minor child pursuant to title 34, chapter 6, part 3 shall have the right to enroll the minor child in the LEA serving the area where the caregiver resides. The LEA shall allow a caregiver with a properly executed power of attorney for care of a minor child, pursuant to title 34, chapter 6, part 3, to enroll the minor child, but may require documentation of the minor child's residence with a caregiver or documentation or other verification of the validity of the stated hardship prior to enrollment. If the minor child ceases to reside with the caregiver, then the caregiver shall notify any person, school or health care provider that has been provided documentation of the power of attorney for care of a minor child. Except where limited by federal law, the caregiver shall be assigned the rights, duties and responsibilities that would otherwise be assigned to the parent, legal guardian or legal custodian pursuant to this title. If at any time the parent or legal guardian disagrees with the decision of the caregiver or chooses to make any educational decisions for the minor child, then the parent must revoke the power of attorney and provide the LEA written documentation of the revocation.
(1) Every parent, guardian or other legal custodian residing within this state having control or charge of any child or children between six (6) years of age and seventeen (17) years of age, both inclusive, shall cause the child or children to attend public or nonpublic school, and in event of failure to do so, shall be subject to the penalties provided in this part. If a student transfers from a school to another school in the same LEA, the LEA shall remit copies of the student's records, including the student's disciplinary records, to the school to which the student transfers. If a student transfers from an LEA to another LEA, then the LEA from which a student transfers shall remit copies of the student's records, including the student's disciplinary records, to the LEA to which the student transfers. All records shall be remitted in accordance with the Family Education Rights and Privacy Act ( 20 U.S.C. § 1232g ).
(2) Subdivision (c)(1) does not apply to any child who: (A) Has received a diploma or other certificate of graduation issued to the person from a secondary high school of this state or any other state; (B) Is enrolled and making satisfactory progress in a course leading to a high school equivalency credential approved by the state board of education from a state-approved institution or organization, or who has obtained a high school equivalency credential approved by the state board of education. Any institution or organization that enrolls a child who is under eighteen (18) years of age shall provide a report to the local board of education at least three (3) times each year relative to the progress of all such persons under eighteen (18) years of age. If the local board of education determines any child under eighteen (18) years of age is not making satisfactory progress, then the child shall be subject to subdivision (c)(1); (C) Is six (6) years of age or younger and whose parent or guardian has filed a notice of intent to conduct a home school with the director of the LEA or with the director of a church-related school; or (D) A student enrolled in a home school who has reached seventeen (17) years of age.
(A) Has received a diploma or other certificate of graduation issued to the person from a secondary high school of this state or any other state;
(B) Is enrolled and making satisfactory progress in a course leading to a high school equivalency credential approved by the state board of education from a state-approved institution or organization, or who has obtained a high school equivalency credential approved by the state board of education. Any institution or organization that enrolls a child who is under eighteen (18) years of age shall provide a report to the local board of education at least three (3) times each year relative to the progress of all such persons under eighteen (18) years of age. If the local board of education determines any child under eighteen (18) years of age is not making satisfactory progress, then the child shall be subject to subdivision (c)(1);
(C) Is six (6) years of age or younger and whose parent or guardian has filed a notice of intent to conduct a home school with the director of the LEA or with the director of a church-related school; or
(D) A student enrolled in a home school who has reached seventeen (17) years of age.
(3) As used in this part, "public school" and "nonpublic school" are defined as follows: (A) "Nonpublic school" means a church-related school, home school or private school; (i) "Church-related school" means a school as defined in § 49-50-801 ; (ii) "Home school" means a school as defined in § 49-6-3050 ; and (iii) "Private school" means a school accredited by, or a member of, an organization or association approved by the state board of education as an organization accrediting or setting academic requirements in schools, or that has been approved by the state, or is in the future approved by the commissioner in accordance with rules promulgated by the state board of education; and (B) "Public school" means any school operated by an LEA or by the state with public funds.
(A) "Nonpublic school" means a church-related school, home school or private school; (i) "Church-related school" means a school as defined in § 49-50-801 ; (ii) "Home school" means a school as defined in § 49-6-3050 ; and (iii) "Private school" means a school accredited by, or a member of, an organization or association approved by the state board of education as an organization accrediting or setting academic requirements in schools, or that has been approved by the state, or is in the future approved by the commissioner in accordance with rules promulgated by the state board of education; and
(i) "Church-related school" means a school as defined in § 49-50-801 ;
(ii) "Home school" means a school as defined in § 49-6-3050 ; and
(iii) "Private school" means a school accredited by, or a member of, an organization or association approved by the state board of education as an organization accrediting or setting academic requirements in schools, or that has been approved by the state, or is in the future approved by the commissioner in accordance with rules promulgated by the state board of education; and
(B) "Public school" means any school operated by an LEA or by the state with public funds.
(4) A parent or guardian with any good and substantial reason as determined by the parent or other person having legal custody of a child, and agreed to by the respective local board of education, may withdraw the parent's or other person's child from a public school; provided, that within thirty (30) days the parent or person having legal custody of the child places the child in a public school designated by the local board of education or in a nonpublic school.
(5) A parent or guardian who believes that the parent's or guardian's child is not ready to attend school at the designated age of mandatory attendance may make application to the principal of the public school that the child would attend for a one (1) semester or one (1) year deferral in required attendance. The deferral shall be reported to the director of the LEA by the principal.
(6) Notwithstanding any other law to the contrary, a person designated as a caregiver with the power of attorney for care of a minor child pursuant to title 34, chapter 6, part 3 shall have the right to enroll the minor child in the LEA serving the area where the caregiver resides. The LEA shall allow a caregiver with a properly executed power of attorney for care of a minor child, pursuant to title 34, chapter 6, part 3, to enroll the minor child, but may require documentation of the minor child's residence with a caregiver or documentation or other verification of the validity of the stated hardship prior to enrollment. If the minor child ceases to reside with the caregiver, then the caregiver shall notify any person, school or health care provider that has been provided documentation of the power of attorney for care of a minor child. Except where limited by federal law, the caregiver shall be assigned the rights, duties and responsibilities that would otherwise be assigned to the parent, legal guardian or legal custodian pursuant to this title. If at any time the parent or legal guardian disagrees with the decision of the caregiver or chooses to make any educational decisions for the minor child, then the parent must revoke the power of attorney and provide the LEA written documentation of the revocation.
Amended by 2023 Tenn. Acts, ch. 114, s 27, eff. 7/1/2023.
Amended by 2021 Tenn. Acts, ch. 493, Secs.s 23, s 24, s 25 eff. 5/25/2021.
Amended by 2015 Tenn. Acts, ch. 445, s 1, eff. 5/18/2015.
Amended by 2014 Tenn. Acts, ch. 692, s 1, eff. 7/1/2014.
Amended by 2013 Tenn. Acts, ch. 85, s 2, eff. 4/8/2013.
Acts 1925, ch. 115, § 19; Shan. Supp., § 1487a141; Code 1932, § 2472; Acts 1947, ch. 87, § 1; 1947, ch. 129, § 1; C. Supp. 1950, §§ 2383.1, 2442.1 (Williams, § 2472.1); Acts 1957, ch. 9, § 1; 1959, ch. 289, § 1; 1965, ch. 239, § 1; 1965, ch. 303, §§ 1, 2; 1968, ch. 417, §§ 1, 2; 1972, ch. 693, § 13; 1974, ch. 654, §§ 79-81; T.C.A. (orig. ed.), §§ 49-1701, 49-1702, 49-1708; Acts 1985, ch. 398, § 1; 1987, ch. 42, § 1; 1992, ch. 535, §§ 78, 81; 1997 , ch. 329, § 1; 1997 , ch. 392, §§ 1, 2, 5, 10; 1998, ch. 792, § 1; 2003 , ch. 71, § 3; 2012 , ch. 991, §§ 2 - 5.
Tenn. Code Ann. § 49-3-1206 — TN Code / Title 49 / Chapter 3 / Section 49-3-1206
Project financing agreements
Status: in_force

(a) (1) The authority has the power to finance projects for the Tennessee student assistance corporation or for institutions under an agreement or agreements with the corporation or with the board governing the institution for which the project is to be provided, and the corporation and each of the boards shall have the power and authority to undertake such an agreement or agreements. (2) Each such agreement shall provide that the authority shall make available to the corporation or the board that is a party to the agreement, under such terms and conditions as shall be agreed upon in the agreement, such portion or portions of the proceeds of sale of the bonds and notes issued by the authority to finance the project or projects to which the agreement relates as the authority shall determine to be available for the purpose of financing the costs of the project or projects. (b) The corporation or a board is authorized and empowered, in connection with any agreement undertaken pursuant to this section to which it is a party, and subject to such agreements with third parties as may then exist, to: (1) Pledge or assign to the authority all or any portion of the revenues, fees, rentals and other charges and moneys received or to be received by or for the institution or the corporation for which the project is undertaken pursuant to the agreement, which may be available for the purpose of paying the fees and charges due the authority under the agreement, so that the payment of the fees and charges may be fully secured and protected; (2) Deduct from amounts appropriated by the general assembly for the operation and maintenance of the institution for which the project is undertaken pursuant to the agreement, or from amounts appropriated for the operation of an educational loan program established pursuant to chapter 4 of this title, for which the project is undertaken pursuant to the agreement, and pay to the authority such amount or amounts as may be required to make up any deficiencies in the revenues, fees, rentals and other charges and moneys available to the board or the corporation for the purpose of paying the fees and charges due the authority under the applicable agreement; (3) Set aside reserves and agree to the maintenance, regulation and disposition of the reserves; (4) Agree to limitations on the purpose to which the proceeds of sale of authority notes and bonds may be applied and the manner in which the notes and bonds shall be disbursed and applied and the pledging of such proceeds to secure the payment of authority notes or bonds or of any issue of the notes or bonds; (5) Agree to limitations on the undertaking of additional obligations payable from the revenues, fees, rentals and other charges and moneys of the applicable institution or the corporation with the authority, or with others, and the terms upon which the additional obligations may be undertaken; (6) Upon receipt of any notice of assignment by the authority of the fees and charges payable to the authority under an agreement, recognize and give effect to the assignment, and pay to the assignee the fees and charges then due or that may become due under the agreement that have been so assigned by the authority; and (7) Agree to any other matters, of like or different character, that in any way affect the security or protection of the fees and charges required to be made under the terms of an agreement with the authority. (c) In order to comply with the terms and provisions of any agreement undertaken by it with the authority pursuant to this section, the Tennessee student assistance corporation, to the extent authorized by other statutes and regulations, or a board shall have power to: (1) Fix and maintain: (A) Fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to be served by, a project; (B) Matriculation, hospital, laboratory, athletic, admission and other fees from students, faculty members and others matriculated, attending or employed at an institution, which shall be uniform for all those similarly situated; and (C) Fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to use, or having the right to be served by, existing buildings, stadia and other structures at the applicable institution, which fees, rentals and other charges shall be uniform for all those similarly situated or accommodated; and (2) Covenant with the authority as to the fixing, maintaining and collecting of the fees, rentals and other charges. (d) (1) The authority has the power and authority to finance school credit bond projects for a local government under a loan agreement for the sole purpose of enabling the local government or public charter school to benefit from the issuance of qualified zone academy bonds, as defined in [former] § 54E of the Internal Revenue Code of 1986 ( 26 U.S.C. § 54E [repealed]), or qualified school construction bonds, as defined in [former] § 54F of the Internal Revenue Code of 1986, ( 26 U.S.C. § 54F [repealed]), or both. The authority shall develop the application and review procedure for the loans and bonds. The authority, and to the extent requested by the authority, the department of education, shall have such other powers as may be necessary and appropriate for the exercise of the powers and duties conferred by this part. (2) Any local government is authorized by resolution of its governing body to enter into such loan agreement with the authority with respect to a school credit bond project upon such terms and conditions as may be determined by the authority pursuant to subdivision (d)(1) in such agreement and by the governing body of such local government, notwithstanding and without regard to the restrictions, prohibitions or requirements of any other law, whether public or private. Counties having a city or cities operating schools independent of the county or having special school districts operating schools independent of the county shall not be required to share proceeds of any loan agreement for a school credit bond project, notwithstanding any other law to the contrary. (3) Each such loan agreement shall provide the terms and conditions under which the authority shall lend to the local government such portion or portions of the proceeds of the sale of the bonds and notes issued by the authority to finance the school credit bond project to which the loan agreement relates. The conditions may include the pledging by the local government of state-shared taxes. The loan may cover cost of issuance. (e) (1) Whenever, and as often as, a local government enters into a loan agreement with the authority under this chapter, the governing body of the local government shall provide by resolution for the levy and collection of a tax upon all taxable property within the local government sufficient to pay when due all amounts payable under the loan agreement as and when such amounts become due and payable, including all fees and charges due the authority under the loan agreement and, furthermore, to pledge such tax and the full faith and credit of the local government to the payments; provided, that a special school district shall provide for the collection of such a tax upon the levy of the tax by the general assembly. The tax shall be assessed, levied, collected and paid in like manner as other taxes of the local government. The tax shall not be included within any statutory or other limitation of rate or amount for the local government, but shall be excluded from and be in addition to and in excess of the statutory or other limitation of rate or amount for the local government, notwithstanding and without regard to the prohibitions, restrictions or requirements of any other law, whether public or private. There shall be set aside from the tax levy into a special fund an amount sufficient for the payment of the annual amount due under any such loan agreement, and the money in the fund shall be used exclusively for such purpose and shall not be used for any other purpose until such amount has been paid in full. (2) The local government shall have the power and authority by resolution of the governing body of the local government to pledge or assign to the authority all or any portion of such taxes, in addition to its share of the state-shared taxes as the meaning is established by § 4-31-102 , that are not otherwise obligated. In the event any local government having entered into a loan agreement pledging state-shared taxes pursuant to this part fails to remit funds in accordance with the payments established by the authority, the commissioner of finance and administration, after notice from the authority of such event, shall, without further authorization, deduct from any state-shared taxes that are otherwise apportioned to the local government the amount required to make the local government current with respect to the unpaid amounts due the authority under the loan agreement and pay such amount to the authority. The authority shall deliver by certified mail to the local government a written notice of the deduction. Furthermore, such local government failing to remit funds in accordance with the payments established by the authority shall levy and assess the additional tax as provided in subdivision (e)(1) necessary to meet the obligation of the local government according to its loan agreement. (3) The local government is authorized to: (A) Set aside reserves and agree to the maintenance, regulation and disposition of the reserves; (B) Agree to limitations on the purpose to which the proceeds of the sale of the authority notes and bonds may be applied and the manner in which the proceeds shall be disbursed and applied and the pledging of the proceeds to secure the payment of authority notes or bonds or of any issue of the notes or bonds; (C) Upon receipt of any notice of assignment by the authority of the fees and charges payable to the authority under a loan agreement, recognize and give effect to the assignment, and pay to the assignee the fees and charges then due or that may become due under the loan agreement that have been so assigned by the authority; and (D) Agree to any other matters of like or different character that in any way affect the security or protection of the fees and charges required to be made under the terms of an agreement with the authority. (4) The state board of education, jointly with the state funding board, may enter into a loan agreement with the authority under this chapter and title 9, chapter 9. Acts 1965, ch. 256, §§ 5, 6; 1980, ch. 711, §§ 6-11; 1983, ch. 338, § 3; T.C.A., §§ 49-3516, 49-3517; Acts 1999, ch. 429, § 5; 2000, ch. 696, § 2; 2009 , ch. 601, §§ 3 - 5.
(a) (1) The authority has the power to finance projects for the Tennessee student assistance corporation or for institutions under an agreement or agreements with the corporation or with the board governing the institution for which the project is to be provided, and the corporation and each of the boards shall have the power and authority to undertake such an agreement or agreements. (2) Each such agreement shall provide that the authority shall make available to the corporation or the board that is a party to the agreement, under such terms and conditions as shall be agreed upon in the agreement, such portion or portions of the proceeds of sale of the bonds and notes issued by the authority to finance the project or projects to which the agreement relates as the authority shall determine to be available for the purpose of financing the costs of the project or projects.
(1) The authority has the power to finance projects for the Tennessee student assistance corporation or for institutions under an agreement or agreements with the corporation or with the board governing the institution for which the project is to be provided, and the corporation and each of the boards shall have the power and authority to undertake such an agreement or agreements.
(2) Each such agreement shall provide that the authority shall make available to the corporation or the board that is a party to the agreement, under such terms and conditions as shall be agreed upon in the agreement, such portion or portions of the proceeds of sale of the bonds and notes issued by the authority to finance the project or projects to which the agreement relates as the authority shall determine to be available for the purpose of financing the costs of the project or projects.
(b) The corporation or a board is authorized and empowered, in connection with any agreement undertaken pursuant to this section to which it is a party, and subject to such agreements with third parties as may then exist, to: (1) Pledge or assign to the authority all or any portion of the revenues, fees, rentals and other charges and moneys received or to be received by or for the institution or the corporation for which the project is undertaken pursuant to the agreement, which may be available for the purpose of paying the fees and charges due the authority under the agreement, so that the payment of the fees and charges may be fully secured and protected; (2) Deduct from amounts appropriated by the general assembly for the operation and maintenance of the institution for which the project is undertaken pursuant to the agreement, or from amounts appropriated for the operation of an educational loan program established pursuant to chapter 4 of this title, for which the project is undertaken pursuant to the agreement, and pay to the authority such amount or amounts as may be required to make up any deficiencies in the revenues, fees, rentals and other charges and moneys available to the board or the corporation for the purpose of paying the fees and charges due the authority under the applicable agreement; (3) Set aside reserves and agree to the maintenance, regulation and disposition of the reserves; (4) Agree to limitations on the purpose to which the proceeds of sale of authority notes and bonds may be applied and the manner in which the notes and bonds shall be disbursed and applied and the pledging of such proceeds to secure the payment of authority notes or bonds or of any issue of the notes or bonds; (5) Agree to limitations on the undertaking of additional obligations payable from the revenues, fees, rentals and other charges and moneys of the applicable institution or the corporation with the authority, or with others, and the terms upon which the additional obligations may be undertaken; (6) Upon receipt of any notice of assignment by the authority of the fees and charges payable to the authority under an agreement, recognize and give effect to the assignment, and pay to the assignee the fees and charges then due or that may become due under the agreement that have been so assigned by the authority; and (7) Agree to any other matters, of like or different character, that in any way affect the security or protection of the fees and charges required to be made under the terms of an agreement with the authority.
(1) Pledge or assign to the authority all or any portion of the revenues, fees, rentals and other charges and moneys received or to be received by or for the institution or the corporation for which the project is undertaken pursuant to the agreement, which may be available for the purpose of paying the fees and charges due the authority under the agreement, so that the payment of the fees and charges may be fully secured and protected;
(2) Deduct from amounts appropriated by the general assembly for the operation and maintenance of the institution for which the project is undertaken pursuant to the agreement, or from amounts appropriated for the operation of an educational loan program established pursuant to chapter 4 of this title, for which the project is undertaken pursuant to the agreement, and pay to the authority such amount or amounts as may be required to make up any deficiencies in the revenues, fees, rentals and other charges and moneys available to the board or the corporation for the purpose of paying the fees and charges due the authority under the applicable agreement;
(3) Set aside reserves and agree to the maintenance, regulation and disposition of the reserves;
(4) Agree to limitations on the purpose to which the proceeds of sale of authority notes and bonds may be applied and the manner in which the notes and bonds shall be disbursed and applied and the pledging of such proceeds to secure the payment of authority notes or bonds or of any issue of the notes or bonds;
(5) Agree to limitations on the undertaking of additional obligations payable from the revenues, fees, rentals and other charges and moneys of the applicable institution or the corporation with the authority, or with others, and the terms upon which the additional obligations may be undertaken;
(6) Upon receipt of any notice of assignment by the authority of the fees and charges payable to the authority under an agreement, recognize and give effect to the assignment, and pay to the assignee the fees and charges then due or that may become due under the agreement that have been so assigned by the authority; and
(7) Agree to any other matters, of like or different character, that in any way affect the security or protection of the fees and charges required to be made under the terms of an agreement with the authority.
(c) In order to comply with the terms and provisions of any agreement undertaken by it with the authority pursuant to this section, the Tennessee student assistance corporation, to the extent authorized by other statutes and regulations, or a board shall have power to: (1) Fix and maintain: (A) Fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to be served by, a project; (B) Matriculation, hospital, laboratory, athletic, admission and other fees from students, faculty members and others matriculated, attending or employed at an institution, which shall be uniform for all those similarly situated; and (C) Fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to use, or having the right to be served by, existing buildings, stadia and other structures at the applicable institution, which fees, rentals and other charges shall be uniform for all those similarly situated or accommodated; and (2) Covenant with the authority as to the fixing, maintaining and collecting of the fees, rentals and other charges.
(1) Fix and maintain: (A) Fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to be served by, a project; (B) Matriculation, hospital, laboratory, athletic, admission and other fees from students, faculty members and others matriculated, attending or employed at an institution, which shall be uniform for all those similarly situated; and (C) Fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to use, or having the right to be served by, existing buildings, stadia and other structures at the applicable institution, which fees, rentals and other charges shall be uniform for all those similarly situated or accommodated; and
(A) Fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to be served by, a project;
(B) Matriculation, hospital, laboratory, athletic, admission and other fees from students, faculty members and others matriculated, attending or employed at an institution, which shall be uniform for all those similarly situated; and
(C) Fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to use, or having the right to be served by, existing buildings, stadia and other structures at the applicable institution, which fees, rentals and other charges shall be uniform for all those similarly situated or accommodated; and
(2) Covenant with the authority as to the fixing, maintaining and collecting of the fees, rentals and other charges.
(d) (1) The authority has the power and authority to finance school credit bond projects for a local government under a loan agreement for the sole purpose of enabling the local government or public charter school to benefit from the issuance of qualified zone academy bonds, as defined in [former] § 54E of the Internal Revenue Code of 1986 ( 26 U.S.C. § 54E [repealed]), or qualified school construction bonds, as defined in [former] § 54F of the Internal Revenue Code of 1986, ( 26 U.S.C. § 54F [repealed]), or both. The authority shall develop the application and review procedure for the loans and bonds. The authority, and to the extent requested by the authority, the department of education, shall have such other powers as may be necessary and appropriate for the exercise of the powers and duties conferred by this part. (2) Any local government is authorized by resolution of its governing body to enter into such loan agreement with the authority with respect to a school credit bond project upon such terms and conditions as may be determined by the authority pursuant to subdivision (d)(1) in such agreement and by the governing body of such local government, notwithstanding and without regard to the restrictions, prohibitions or requirements of any other law, whether public or private. Counties having a city or cities operating schools independent of the county or having special school districts operating schools independent of the county shall not be required to share proceeds of any loan agreement for a school credit bond project, notwithstanding any other law to the contrary. (3) Each such loan agreement shall provide the terms and conditions under which the authority shall lend to the local government such portion or portions of the proceeds of the sale of the bonds and notes issued by the authority to finance the school credit bond project to which the loan agreement relates. The conditions may include the pledging by the local government of state-shared taxes. The loan may cover cost of issuance.
(1) The authority has the power and authority to finance school credit bond projects for a local government under a loan agreement for the sole purpose of enabling the local government or public charter school to benefit from the issuance of qualified zone academy bonds, as defined in [former] § 54E of the Internal Revenue Code of 1986 ( 26 U.S.C. § 54E [repealed]), or qualified school construction bonds, as defined in [former] § 54F of the Internal Revenue Code of 1986, ( 26 U.S.C. § 54F [repealed]), or both. The authority shall develop the application and review procedure for the loans and bonds. The authority, and to the extent requested by the authority, the department of education, shall have such other powers as may be necessary and appropriate for the exercise of the powers and duties conferred by this part.
(2) Any local government is authorized by resolution of its governing body to enter into such loan agreement with the authority with respect to a school credit bond project upon such terms and conditions as may be determined by the authority pursuant to subdivision (d)(1) in such agreement and by the governing body of such local government, notwithstanding and without regard to the restrictions, prohibitions or requirements of any other law, whether public or private. Counties having a city or cities operating schools independent of the county or having special school districts operating schools independent of the county shall not be required to share proceeds of any loan agreement for a school credit bond project, notwithstanding any other law to the contrary.
(3) Each such loan agreement shall provide the terms and conditions under which the authority shall lend to the local government such portion or portions of the proceeds of the sale of the bonds and notes issued by the authority to finance the school credit bond project to which the loan agreement relates. The conditions may include the pledging by the local government of state-shared taxes. The loan may cover cost of issuance.
(e) (1) Whenever, and as often as, a local government enters into a loan agreement with the authority under this chapter, the governing body of the local government shall provide by resolution for the levy and collection of a tax upon all taxable property within the local government sufficient to pay when due all amounts payable under the loan agreement as and when such amounts become due and payable, including all fees and charges due the authority under the loan agreement and, furthermore, to pledge such tax and the full faith and credit of the local government to the payments; provided, that a special school district shall provide for the collection of such a tax upon the levy of the tax by the general assembly. The tax shall be assessed, levied, collected and paid in like manner as other taxes of the local government. The tax shall not be included within any statutory or other limitation of rate or amount for the local government, but shall be excluded from and be in addition to and in excess of the statutory or other limitation of rate or amount for the local government, notwithstanding and without regard to the prohibitions, restrictions or requirements of any other law, whether public or private. There shall be set aside from the tax levy into a special fund an amount sufficient for the payment of the annual amount due under any such loan agreement, and the money in the fund shall be used exclusively for such purpose and shall not be used for any other purpose until such amount has been paid in full. (2) The local government shall have the power and authority by resolution of the governing body of the local government to pledge or assign to the authority all or any portion of such taxes, in addition to its share of the state-shared taxes as the meaning is established by § 4-31-102 , that are not otherwise obligated. In the event any local government having entered into a loan agreement pledging state-shared taxes pursuant to this part fails to remit funds in accordance with the payments established by the authority, the commissioner of finance and administration, after notice from the authority of such event, shall, without further authorization, deduct from any state-shared taxes that are otherwise apportioned to the local government the amount required to make the local government current with respect to the unpaid amounts due the authority under the loan agreement and pay such amount to the authority. The authority shall deliver by certified mail to the local government a written notice of the deduction. Furthermore, such local government failing to remit funds in accordance with the payments established by the authority shall levy and assess the additional tax as provided in subdivision (e)(1) necessary to meet the obligation of the local government according to its loan agreement. (3) The local government is authorized to: (A) Set aside reserves and agree to the maintenance, regulation and disposition of the reserves; (B) Agree to limitations on the purpose to which the proceeds of the sale of the authority notes and bonds may be applied and the manner in which the proceeds shall be disbursed and applied and the pledging of the proceeds to secure the payment of authority notes or bonds or of any issue of the notes or bonds; (C) Upon receipt of any notice of assignment by the authority of the fees and charges payable to the authority under a loan agreement, recognize and give effect to the assignment, and pay to the assignee the fees and charges then due or that may become due under the loan agreement that have been so assigned by the authority; and (D) Agree to any other matters of like or different character that in any way affect the security or protection of the fees and charges required to be made under the terms of an agreement with the authority. (4) The state board of education, jointly with the state funding board, may enter into a loan agreement with the authority under this chapter and title 9, chapter 9.
(1) Whenever, and as often as, a local government enters into a loan agreement with the authority under this chapter, the governing body of the local government shall provide by resolution for the levy and collection of a tax upon all taxable property within the local government sufficient to pay when due all amounts payable under the loan agreement as and when such amounts become due and payable, including all fees and charges due the authority under the loan agreement and, furthermore, to pledge such tax and the full faith and credit of the local government to the payments; provided, that a special school district shall provide for the collection of such a tax upon the levy of the tax by the general assembly. The tax shall be assessed, levied, collected and paid in like manner as other taxes of the local government. The tax shall not be included within any statutory or other limitation of rate or amount for the local government, but shall be excluded from and be in addition to and in excess of the statutory or other limitation of rate or amount for the local government, notwithstanding and without regard to the prohibitions, restrictions or requirements of any other law, whether public or private. There shall be set aside from the tax levy into a special fund an amount sufficient for the payment of the annual amount due under any such loan agreement, and the money in the fund shall be used exclusively for such purpose and shall not be used for any other purpose until such amount has been paid in full.
(2) The local government shall have the power and authority by resolution of the governing body of the local government to pledge or assign to the authority all or any portion of such taxes, in addition to its share of the state-shared taxes as the meaning is established by § 4-31-102 , that are not otherwise obligated. In the event any local government having entered into a loan agreement pledging state-shared taxes pursuant to this part fails to remit funds in accordance with the payments established by the authority, the commissioner of finance and administration, after notice from the authority of such event, shall, without further authorization, deduct from any state-shared taxes that are otherwise apportioned to the local government the amount required to make the local government current with respect to the unpaid amounts due the authority under the loan agreement and pay such amount to the authority. The authority shall deliver by certified mail to the local government a written notice of the deduction. Furthermore, such local government failing to remit funds in accordance with the payments established by the authority shall levy and assess the additional tax as provided in subdivision (e)(1) necessary to meet the obligation of the local government according to its loan agreement.
(3) The local government is authorized to: (A) Set aside reserves and agree to the maintenance, regulation and disposition of the reserves; (B) Agree to limitations on the purpose to which the proceeds of the sale of the authority notes and bonds may be applied and the manner in which the proceeds shall be disbursed and applied and the pledging of the proceeds to secure the payment of authority notes or bonds or of any issue of the notes or bonds; (C) Upon receipt of any notice of assignment by the authority of the fees and charges payable to the authority under a loan agreement, recognize and give effect to the assignment, and pay to the assignee the fees and charges then due or that may become due under the loan agreement that have been so assigned by the authority; and (D) Agree to any other matters of like or different character that in any way affect the security or protection of the fees and charges required to be made under the terms of an agreement with the authority.
(A) Set aside reserves and agree to the maintenance, regulation and disposition of the reserves;
(B) Agree to limitations on the purpose to which the proceeds of the sale of the authority notes and bonds may be applied and the manner in which the proceeds shall be disbursed and applied and the pledging of the proceeds to secure the payment of authority notes or bonds or of any issue of the notes or bonds;
(C) Upon receipt of any notice of assignment by the authority of the fees and charges payable to the authority under a loan agreement, recognize and give effect to the assignment, and pay to the assignee the fees and charges then due or that may become due under the loan agreement that have been so assigned by the authority; and
(D) Agree to any other matters of like or different character that in any way affect the security or protection of the fees and charges required to be made under the terms of an agreement with the authority.
(4) The state board of education, jointly with the state funding board, may enter into a loan agreement with the authority under this chapter and title 9, chapter 9.
Acts 1965, ch. 256, §§ 5, 6; 1980, ch. 711, §§ 6-11; 1983, ch. 338, § 3; T.C.A., §§ 49-3516, 49-3517; Acts 1999, ch. 429, § 5; 2000, ch. 696, § 2; 2009 , ch. 601, §§ 3 - 5.
Tenn. Code Ann. § 49-10-1202 — TN Code / Title 49 / Chapter 10 / Section 49-10-1202
[Repealed]
Status: repealed

Acts 1992, ch. 772, § 1; repealed by Acts 2018 , ch. 725, § 56, effective April 18, 2018.
Tenn. Code Ann. § 49-50-101 — TN Code / Title 49 / Chapter 50 / Section 49-50-101
Purpose
Status: in_force

The purpose of this part is to extend practical demonstration instruction in agriculture, home economics and marketing to boys, girls, men and women in rural communities in a greater number of counties and to make such instruction more permanent in the several counties through increased financial support and correspondingly reduced county appropriations, to carry on the work. Acts 1929, ch. 81, § 1; mod. Code 1932, § 2541; T.C.A. (orig. ed.), § 49-3401.
The purpose of this part is to extend practical demonstration instruction in agriculture, home economics and marketing to boys, girls, men and women in rural communities in a greater number of counties and to make such instruction more permanent in the several counties through increased financial support and correspondingly reduced county appropriations, to carry on the work.
Acts 1929, ch. 81, § 1; mod. Code 1932, § 2541; T.C.A. (orig. ed.), § 49-3401.
Tenn. Code Ann. § 49-6-3401 — TN Code / Title 49 / Chapter 6 / Section 49-6-3401
Suspension of students - Expulsion of students - Exception for self-defense
Status: in_force

(a) Any principal, principal-teacher or assistant principal of any public school in this state is authorized to suspend a pupil from attendance at the school, including its sponsored activities, or from riding a school bus, for good and sufficient reasons. Good and sufficient reasons for suspension include, but are not limited to: (1) Willful and persistent violation of the rules of the school; (2) Immoral or disreputable conduct or vulgar or profane language; (3) Violence or threatened violence against the person of any personnel attending or assigned to any public school; (4) Willful or malicious damage to real or personal property of the school, or the property of any person attending or assigned to the school; (5) Inciting, advising or counseling of others to engage in any of the acts enumerated in subdivisions (a)(1)-(4); (6) Marking, defacing or destroying school property; (7) Possession of a pistol, gun or firearm on school property; (8) Possession of a knife and other weapons, as defined in § 39-17-1301 on school property; (9) Assaulting a principal, teacher, school bus driver or other school personnel with vulgar, obscene or threatening language; (10) Unlawful use or possession of barbital or legend drugs, as defined in § 53-10-101 ; (11) One (1) or more students initiating a physical attack on an individual student on school property or at a school activity, including travel to and from school or a school activity; (12) Making a threat, including a false report, to use a bomb, dynamite, any other deadly explosive or destructive device, including chemical weapons, on school property or at a school sponsored event; (13) Any other conduct prejudicial to good order or discipline in any public school; and (14) Off campus criminal behavior that results in the student being legally charged with an offense that would be classified as a felony if the student was charged as an adult or if adjudicated delinquent for an offense that would be classified as a felony if the student was an adult, or if the student was convicted of a felony, and the student's continued presence in school poses a danger to persons or property or disrupts the educational process. Notwithstanding § 37-1-131 or any other law to the contrary, the principal of the school in which the student is enrolled and the director of schools shall determine the appropriate educational assignment for the student released for readmission. (b) (1) Any principal, principal-teacher or assistant principal may suspend any pupil from attendance at a specific class, classes or school-sponsored activity without suspending the pupil from attendance at school pursuant to an in-school suspension policy adopted by the local board of education. Good and sufficient reasons for in-school suspension include, but are not limited to, behavior: (A) That adversely affects the safety and well-being of other pupils; (B) That disrupts a class or school sponsored activity; or (C) Prejudicial to good order and discipline occurring in class, during school-sponsored activities or on the school campus. (2) In-school suspension policies shall provide that pupils given an in-school suspension in excess of one (1) day from classes shall attend either special classes attended only by students guilty of misconduct or be placed in an isolated area appropriate for study. Students given in-school suspension shall be required to complete academic requirements. (c) (1) Except in an emergency, no principal, principal-teacher or assistant principal shall suspend any student until that student has been advised of the nature of the student's misconduct, questioned about it and allowed to give an explanation. (2) Upon suspension of any student other than for in-school suspension of one (1) day or less, the principal shall, within twenty-four (24) hours, notify the parent or guardian and the director of schools or the director of schools' designee of: (A) The suspension, which shall be for a period of no more than ten (10) days; (B) The cause for the suspension; and (C) The conditions for readmission, which may include, at the request of either party, a meeting of the parent or guardian, student and principal. (3) If the suspension is for more than five (5) days, the principal shall develop and implement a plan for improving the behavior, which shall be made available for review by the director of schools upon request. (4) (A) If, at the time of the suspension, the principal, principal-teacher or assistant principal determines that an offense has been committed that would justify a suspension for more than ten (10) days, the person may suspend a student unconditionally for a specified period of time or upon such terms and conditions as are deemed reasonable. (B) The principal, principal-teacher or assistant principal shall immediately give written or actual notice to the parent or guardian and the student of the right to appeal the decision to suspend for more than ten (10) days. All appeals must be filed, orally or in writing, within five (5) days after receipt of the notice and may be filed by the parent or guardian, the student or any person holding a teaching license who is employed by the school system if requested by the student. (C) The appeal from this decision shall be to the board of education or to a disciplinary hearing authority appointed by the board. The disciplinary hearing authority, if appointed, shall consist of at least one (1) licensed employee of the LEA, but no more than the number of members of the local board. (D) The hearing shall be held no later than ten (10) days after the beginning of the suspension. The local board of education or the disciplinary hearing authority shall give written notice of the time and place of the hearing to the parent or guardian, the student and the school official designated in subdivision (c)(4)(A) who ordered the suspension. Notice shall also be given to the LEA employee referred to in subdivision (c)(4)(B) who requests a hearing on behalf of a suspended student. (5) After the hearing, the board of education or the disciplinary hearing authority may affirm the decision of the principal, order removal of the suspension unconditionally or upon such terms and conditions as it deems reasonable, assign the student to an alternative program or night school or suspend the student for a specified period of time. (6) If the decision is determined by a disciplinary hearing authority, a written record of the proceedings, including a summary of the facts and the reasons supporting the decision, shall be made by the disciplinary hearing authority. The student, principal, principal-teacher or assistant principal may, within five (5) days of the decision, request review by the board of education; provided, that local school board policy may require an appeal to the director of schools prior to a request for review to the board. Absent a timely appeal, the decision shall be final. The board of education, based upon a review of the record, may grant or deny a request for a board hearing and may affirm or overturn the decision of the hearing authority with or without a hearing before the board; provided, that the board may not impose a more severe penalty than that imposed by the hearing authority without first providing an opportunity for a hearing before the board. If the board conducts a hearing as a result of a request for review by a student, principal, principal-teacher or assistant principal, then, notwithstanding any provision of the open meetings laws compiled in title 8, chapter 44, or other law to the contrary, the hearing shall be closed to the public, unless the student or student's parent or guardian requests in writing within five (5) days after receipt of written notice of the hearing that the hearing be conducted as an open meeting. If the board conducts a hearing as a result of a request for review by a student, principal, principal-teacher, or assistant principal that is closed to the public, then the board shall not conduct any business, discuss any subject or take a vote on any matter other than the appeal to be heard. Nothing in this subdivision (c)(6) shall act to exclude the department of children's services from the disciplinary hearings when the department is exercising its obligations under § 37-1-140 . The action of the board of education shall be final. (d) In the event the suspension occurs during the last ten (10) days of any term or semester, the pupil may be permitted to take final examinations or submit required work that is necessary to complete the course of instruction for that semester, subject to the action of the principal, or the final action of the board of education upon any appeal from an order of a principal continuing a suspension. (e) Students under in-school suspension shall be recorded as constituting a part of the public school attendance in the same manner as students who attend regular classes. (f) Nothing in this title shall require an LEA to enroll a student who is under suspension or expelled in an LEA either in Tennessee or another state. The director of schools for the school system in which the suspended student requests enrollment shall make a recommendation to the local board of education to approve or deny the request. The recommendation shall occur only after investigation of the facts surrounding the suspension from the former school system. Nothing in this subsection (f) shall affect children in state custody or their enrollment in any LEA. Any LEA that accepts enrollment of a student from another LEA may dismiss the student if it is determined subsequent to enrollment that the student had been suspended or expelled by the other LEA. (g) (1) It is the legislative intent that if a rule or policy is designated as a zero tolerance policy, then violations of that rule or policy must not be tolerated and violators shall receive certain, swift, and proportionate punishment. (2) Notwithstanding this section or another law to the contrary, a student has committed a zero tolerance offense if the student: (A) Brings to school or is in unauthorized possession on school property of a firearm, as defined in 18 U.S.C. § 921 ; (B) Commits aggravated assault as defined in § 39-13-102 or commits an assault that results in bodily injury as defined in § 39-13-101(a)(1) upon any teacher, principal, administrator, any other employee of an LEA, or a school resource officer; (C) Is in unlawful possession of any drug, including any controlled substance, as defined in §§ 39-17-402 - 39-17-415, controlled substance analogue, as defined by § 39-17-454 , or legend drug, as defined by § 53-10-101 , on school grounds or at a school-sponsored event; or (D) Subject to subdivision (g)(5), threatens mass violence on school property or at a school-related activity pursuant to § 39-16-517 . (3) Nothing in this section prohibits the assignment of students who are subject to expulsion from school to an alternative school. (4) Disciplinary policies and procedures for all other student offenses, including terms of suspensions and expulsions, must be determined by local board of education policy. (5) If a student threatens mass violence on school property or at a school-related activity pursuant to § 39-16-517 , then the director of schools or the head of the public charter school, as applicable, shall require the student to submit to a threat assessment to determine whether the threat of mass violence made by the student was a valid threat. The student may be suspended from attendance at the school and from school-sponsored activities until the threat assessment is complete. If the director of schools or the head of the public charter school determines, based on the results of the threat assessment required in this subdivision (g)(5), that the threat of mass violence made by the student was not a valid threat, then the student shall not be expelled for committing a zero tolerance offense, but may be suspended in accordance with this section. (6) For purposes of this subsection (g): (A) "Expelled" means removal from the student's regular school program at the location where the violation occurred or removal from school attendance altogether, as determined by the school official; and (B) "Zero tolerance offense" means an offense committed by a student requiring the student to be expelled from school for at least one (1) calendar year that can only be modified on a case-by-case basis by the director of schools or the head of a charter school. (h) The commissioner of education shall report on an annual basis to the education committee of the senate and the education administration committee of the house of representatives regarding disciplinary actions in Tennessee schools. The reports must include the reason for the disciplinary action, the number of students suspended or expelled, the number of students who committed zero tolerance offenses pursuant to subsection (g), the number of students who have been placed in an alternative educational setting, and the number of students suspended, expelled, or otherwise dismissed from an alternative school. Data must be sorted by school as well as by various demographic factors, including grade, race, and sex. (i) Notwithstanding subsection (a) or (b) or any other law to the contrary, if a pupil is determined, via a fair and thorough investigation made by the principal or the principal's appointed representative, to have acted in self-defense under a reasonable belief that the student, or another to whom the student was coming to the defense of, may have been facing the threat of imminent danger of death or serious bodily injury, which the student honestly believed to be real at that time, then, at the principal's recommendation, the student may not face any disciplinary action. (j) (1) Notwithstanding subsection (a), a principal, principal-teacher, or assistant principal of a public school in this state, including public charter schools, shall suspend a student who commits an assault, as defined in § 39-13-101 , against an employee of the LEA or the public charter school in which the student is enrolled from attendance at school for the period of time specified by the principal, principal-teacher, or assistant principal, and from attendance at all school-sponsored events for no less than one (1) calendar year, unless modified by the director of schools or the director of the public charter school. (2) Each LEA or public charter school shall advise an LEA or public charter school employee who is assaulted, as defined in § 39-13-101 , by a student of the employee's rights as a result of the assault, including, but not limited to, the employee's right to file a report with the appropriate law enforcement agency and judicial authorities. (3) If a student is suspended for committing an assault against an employee of the student's LEA or public charter school and attends a school-sponsored event during the period of the student's suspension, then the LEA or public charter school must report the violation as trespassing, pursuant to § 39-14-405 , and the designated representative for the LEA or public charter school must notify the appropriate law enforcement agency and request the removal of the student from the school-sponsored event. (4) Each LEA and public charter school shall support and assist an employee who is assaulted by a student in prosecuting the student who committed the assault, and shall encourage the prosecuting attorney to request that the court prohibit the defendant from attending school-sponsored events for a time the court deems appropriate as a part of the sentence for the offense. Amended by 2024 Tenn. Acts, ch. 915,s 1, eff. 5/3/2024. Amended by 2024 Tenn. Acts, ch. 882,s 2, eff. 5/1/2024. Amended by 2024 Tenn. Acts, ch. 882,s 1, eff. 5/1/2024. Amended by 2023 Tenn. Acts, ch. 299, s 1, eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 686, s 17, eff. 3/28/2022. Amended by 2021 Tenn. Acts, ch. 64, s 89, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 345, s 104, eff. 5/10/2019. Amended by 2018 Tenn. Acts, ch. 958, s 4, eff. 7/1/2018. Amended by 2015 Tenn. Acts, ch. 501, s 2, eff. 7/1/2015. Amended by 2015 Tenn. Acts, ch. 182, s 50, eff. 4/17/2015. Amended by 2013 Tenn. Acts, ch. 442, s 1, eff. 7/1/2013. Amended by 2013 Tenn. Acts, ch. 222, s 1, eff. 7/1/2013. Amended by 2013 Tenn. Acts, ch. 214, s 4, eff. 4/23/2013. Acts 1925, ch. 115, § 8; Shan. Supp., § 1487a52; Code 1932, § 2341; Acts 1959, ch. 94, § 1; 1970, ch. 344, § 1; 1970, ch. 580, § 1; 1974, ch. 654, § 69; 1981, ch. 117, §§ 1-7; 1982, ch. 608, §§ 1, 2; T.C.A. (orig. ed.), § 49-1309; Acts 1986, ch. 671, § 1; 1988, ch. 646, § 1; 1991, ch. 382, §§ 1, 2; 1991, ch. 411, § 1; 1992, ch. 949, § 1; 1993, ch. 383, § 1; 1995, ch. 268, § 1; 1995, ch. 365, § 1; 1998, ch. 830, § 1; 2000, ch. 634, § 3; 2007 , ch. 212, § 1; 2007 , ch. 402, § 1; 2007 , ch. 457, § 1; 2008 , ch. 916, § 1; 2011 , ch. 410, § 4 (v); 2012 , ch. 687, § 1; 2012 , ch. 848, § 42.
(a) Any principal, principal-teacher or assistant principal of any public school in this state is authorized to suspend a pupil from attendance at the school, including its sponsored activities, or from riding a school bus, for good and sufficient reasons. Good and sufficient reasons for suspension include, but are not limited to: (1) Willful and persistent violation of the rules of the school; (2) Immoral or disreputable conduct or vulgar or profane language; (3) Violence or threatened violence against the person of any personnel attending or assigned to any public school; (4) Willful or malicious damage to real or personal property of the school, or the property of any person attending or assigned to the school; (5) Inciting, advising or counseling of others to engage in any of the acts enumerated in subdivisions (a)(1)-(4); (6) Marking, defacing or destroying school property; (7) Possession of a pistol, gun or firearm on school property; (8) Possession of a knife and other weapons, as defined in § 39-17-1301 on school property; (9) Assaulting a principal, teacher, school bus driver or other school personnel with vulgar, obscene or threatening language; (10) Unlawful use or possession of barbital or legend drugs, as defined in § 53-10-101 ; (11) One (1) or more students initiating a physical attack on an individual student on school property or at a school activity, including travel to and from school or a school activity; (12) Making a threat, including a false report, to use a bomb, dynamite, any other deadly explosive or destructive device, including chemical weapons, on school property or at a school sponsored event; (13) Any other conduct prejudicial to good order or discipline in any public school; and (14) Off campus criminal behavior that results in the student being legally charged with an offense that would be classified as a felony if the student was charged as an adult or if adjudicated delinquent for an offense that would be classified as a felony if the student was an adult, or if the student was convicted of a felony, and the student's continued presence in school poses a danger to persons or property or disrupts the educational process. Notwithstanding § 37-1-131 or any other law to the contrary, the principal of the school in which the student is enrolled and the director of schools shall determine the appropriate educational assignment for the student released for readmission.
(1) Willful and persistent violation of the rules of the school;
(2) Immoral or disreputable conduct or vulgar or profane language;
(3) Violence or threatened violence against the person of any personnel attending or assigned to any public school;
(4) Willful or malicious damage to real or personal property of the school, or the property of any person attending or assigned to the school;
(5) Inciting, advising or counseling of others to engage in any of the acts enumerated in subdivisions (a)(1)-(4);
(6) Marking, defacing or destroying school property;
(7) Possession of a pistol, gun or firearm on school property;
(8) Possession of a knife and other weapons, as defined in § 39-17-1301 on school property;
(9) Assaulting a principal, teacher, school bus driver or other school personnel with vulgar, obscene or threatening language;
(10) Unlawful use or possession of barbital or legend drugs, as defined in § 53-10-101 ;
(11) One (1) or more students initiating a physical attack on an individual student on school property or at a school activity, including travel to and from school or a school activity;
(12) Making a threat, including a false report, to use a bomb, dynamite, any other deadly explosive or destructive device, including chemical weapons, on school property or at a school sponsored event;
(13) Any other conduct prejudicial to good order or discipline in any public school; and
(14) Off campus criminal behavior that results in the student being legally charged with an offense that would be classified as a felony if the student was charged as an adult or if adjudicated delinquent for an offense that would be classified as a felony if the student was an adult, or if the student was convicted of a felony, and the student's continued presence in school poses a danger to persons or property or disrupts the educational process. Notwithstanding § 37-1-131 or any other law to the contrary, the principal of the school in which the student is enrolled and the director of schools shall determine the appropriate educational assignment for the student released for readmission.
(b) (1) Any principal, principal-teacher or assistant principal may suspend any pupil from attendance at a specific class, classes or school-sponsored activity without suspending the pupil from attendance at school pursuant to an in-school suspension policy adopted by the local board of education. Good and sufficient reasons for in-school suspension include, but are not limited to, behavior: (A) That adversely affects the safety and well-being of other pupils; (B) That disrupts a class or school sponsored activity; or (C) Prejudicial to good order and discipline occurring in class, during school-sponsored activities or on the school campus. (2) In-school suspension policies shall provide that pupils given an in-school suspension in excess of one (1) day from classes shall attend either special classes attended only by students guilty of misconduct or be placed in an isolated area appropriate for study. Students given in-school suspension shall be required to complete academic requirements.
(1) Any principal, principal-teacher or assistant principal may suspend any pupil from attendance at a specific class, classes or school-sponsored activity without suspending the pupil from attendance at school pursuant to an in-school suspension policy adopted by the local board of education. Good and sufficient reasons for in-school suspension include, but are not limited to, behavior: (A) That adversely affects the safety and well-being of other pupils; (B) That disrupts a class or school sponsored activity; or (C) Prejudicial to good order and discipline occurring in class, during school-sponsored activities or on the school campus.
(A) That adversely affects the safety and well-being of other pupils;
(B) That disrupts a class or school sponsored activity; or
(C) Prejudicial to good order and discipline occurring in class, during school-sponsored activities or on the school campus.
(2) In-school suspension policies shall provide that pupils given an in-school suspension in excess of one (1) day from classes shall attend either special classes attended only by students guilty of misconduct or be placed in an isolated area appropriate for study. Students given in-school suspension shall be required to complete academic requirements.
(c) (1) Except in an emergency, no principal, principal-teacher or assistant principal shall suspend any student until that student has been advised of the nature of the student's misconduct, questioned about it and allowed to give an explanation. (2) Upon suspension of any student other than for in-school suspension of one (1) day or less, the principal shall, within twenty-four (24) hours, notify the parent or guardian and the director of schools or the director of schools' designee of: (A) The suspension, which shall be for a period of no more than ten (10) days; (B) The cause for the suspension; and (C) The conditions for readmission, which may include, at the request of either party, a meeting of the parent or guardian, student and principal. (3) If the suspension is for more than five (5) days, the principal shall develop and implement a plan for improving the behavior, which shall be made available for review by the director of schools upon request. (4) (A) If, at the time of the suspension, the principal, principal-teacher or assistant principal determines that an offense has been committed that would justify a suspension for more than ten (10) days, the person may suspend a student unconditionally for a specified period of time or upon such terms and conditions as are deemed reasonable. (B) The principal, principal-teacher or assistant principal shall immediately give written or actual notice to the parent or guardian and the student of the right to appeal the decision to suspend for more than ten (10) days. All appeals must be filed, orally or in writing, within five (5) days after receipt of the notice and may be filed by the parent or guardian, the student or any person holding a teaching license who is employed by the school system if requested by the student. (C) The appeal from this decision shall be to the board of education or to a disciplinary hearing authority appointed by the board. The disciplinary hearing authority, if appointed, shall consist of at least one (1) licensed employee of the LEA, but no more than the number of members of the local board. (D) The hearing shall be held no later than ten (10) days after the beginning of the suspension. The local board of education or the disciplinary hearing authority shall give written notice of the time and place of the hearing to the parent or guardian, the student and the school official designated in subdivision (c)(4)(A) who ordered the suspension. Notice shall also be given to the LEA employee referred to in subdivision (c)(4)(B) who requests a hearing on behalf of a suspended student. (5) After the hearing, the board of education or the disciplinary hearing authority may affirm the decision of the principal, order removal of the suspension unconditionally or upon such terms and conditions as it deems reasonable, assign the student to an alternative program or night school or suspend the student for a specified period of time. (6) If the decision is determined by a disciplinary hearing authority, a written record of the proceedings, including a summary of the facts and the reasons supporting the decision, shall be made by the disciplinary hearing authority. The student, principal, principal-teacher or assistant principal may, within five (5) days of the decision, request review by the board of education; provided, that local school board policy may require an appeal to the director of schools prior to a request for review to the board. Absent a timely appeal, the decision shall be final. The board of education, based upon a review of the record, may grant or deny a request for a board hearing and may affirm or overturn the decision of the hearing authority with or without a hearing before the board; provided, that the board may not impose a more severe penalty than that imposed by the hearing authority without first providing an opportunity for a hearing before the board. If the board conducts a hearing as a result of a request for review by a student, principal, principal-teacher or assistant principal, then, notwithstanding any provision of the open meetings laws compiled in title 8, chapter 44, or other law to the contrary, the hearing shall be closed to the public, unless the student or student's parent or guardian requests in writing within five (5) days after receipt of written notice of the hearing that the hearing be conducted as an open meeting. If the board conducts a hearing as a result of a request for review by a student, principal, principal-teacher, or assistant principal that is closed to the public, then the board shall not conduct any business, discuss any subject or take a vote on any matter other than the appeal to be heard. Nothing in this subdivision (c)(6) shall act to exclude the department of children's services from the disciplinary hearings when the department is exercising its obligations under § 37-1-140 . The action of the board of education shall be final.
(1) Except in an emergency, no principal, principal-teacher or assistant principal shall suspend any student until that student has been advised of the nature of the student's misconduct, questioned about it and allowed to give an explanation.
(2) Upon suspension of any student other than for in-school suspension of one (1) day or less, the principal shall, within twenty-four (24) hours, notify the parent or guardian and the director of schools or the director of schools' designee of: (A) The suspension, which shall be for a period of no more than ten (10) days; (B) The cause for the suspension; and (C) The conditions for readmission, which may include, at the request of either party, a meeting of the parent or guardian, student and principal.
(A) The suspension, which shall be for a period of no more than ten (10) days;
(B) The cause for the suspension; and
(C) The conditions for readmission, which may include, at the request of either party, a meeting of the parent or guardian, student and principal.
(3) If the suspension is for more than five (5) days, the principal shall develop and implement a plan for improving the behavior, which shall be made available for review by the director of schools upon request.
(4) (A) If, at the time of the suspension, the principal, principal-teacher or assistant principal determines that an offense has been committed that would justify a suspension for more than ten (10) days, the person may suspend a student unconditionally for a specified period of time or upon such terms and conditions as are deemed reasonable. (B) The principal, principal-teacher or assistant principal shall immediately give written or actual notice to the parent or guardian and the student of the right to appeal the decision to suspend for more than ten (10) days. All appeals must be filed, orally or in writing, within five (5) days after receipt of the notice and may be filed by the parent or guardian, the student or any person holding a teaching license who is employed by the school system if requested by the student. (C) The appeal from this decision shall be to the board of education or to a disciplinary hearing authority appointed by the board. The disciplinary hearing authority, if appointed, shall consist of at least one (1) licensed employee of the LEA, but no more than the number of members of the local board. (D) The hearing shall be held no later than ten (10) days after the beginning of the suspension. The local board of education or the disciplinary hearing authority shall give written notice of the time and place of the hearing to the parent or guardian, the student and the school official designated in subdivision (c)(4)(A) who ordered the suspension. Notice shall also be given to the LEA employee referred to in subdivision (c)(4)(B) who requests a hearing on behalf of a suspended student.
(A) If, at the time of the suspension, the principal, principal-teacher or assistant principal determines that an offense has been committed that would justify a suspension for more than ten (10) days, the person may suspend a student unconditionally for a specified period of time or upon such terms and conditions as are deemed reasonable.
(B) The principal, principal-teacher or assistant principal shall immediately give written or actual notice to the parent or guardian and the student of the right to appeal the decision to suspend for more than ten (10) days. All appeals must be filed, orally or in writing, within five (5) days after receipt of the notice and may be filed by the parent or guardian, the student or any person holding a teaching license who is employed by the school system if requested by the student.
(C) The appeal from this decision shall be to the board of education or to a disciplinary hearing authority appointed by the board. The disciplinary hearing authority, if appointed, shall consist of at least one (1) licensed employee of the LEA, but no more than the number of members of the local board.
(D) The hearing shall be held no later than ten (10) days after the beginning of the suspension. The local board of education or the disciplinary hearing authority shall give written notice of the time and place of the hearing to the parent or guardian, the student and the school official designated in subdivision (c)(4)(A) who ordered the suspension. Notice shall also be given to the LEA employee referred to in subdivision (c)(4)(B) who requests a hearing on behalf of a suspended student.
(5) After the hearing, the board of education or the disciplinary hearing authority may affirm the decision of the principal, order removal of the suspension unconditionally or upon such terms and conditions as it deems reasonable, assign the student to an alternative program or night school or suspend the student for a specified period of time.
(6) If the decision is determined by a disciplinary hearing authority, a written record of the proceedings, including a summary of the facts and the reasons supporting the decision, shall be made by the disciplinary hearing authority. The student, principal, principal-teacher or assistant principal may, within five (5) days of the decision, request review by the board of education; provided, that local school board policy may require an appeal to the director of schools prior to a request for review to the board. Absent a timely appeal, the decision shall be final. The board of education, based upon a review of the record, may grant or deny a request for a board hearing and may affirm or overturn the decision of the hearing authority with or without a hearing before the board; provided, that the board may not impose a more severe penalty than that imposed by the hearing authority without first providing an opportunity for a hearing before the board. If the board conducts a hearing as a result of a request for review by a student, principal, principal-teacher or assistant principal, then, notwithstanding any provision of the open meetings laws compiled in title 8, chapter 44, or other law to the contrary, the hearing shall be closed to the public, unless the student or student's parent or guardian requests in writing within five (5) days after receipt of written notice of the hearing that the hearing be conducted as an open meeting. If the board conducts a hearing as a result of a request for review by a student, principal, principal-teacher, or assistant principal that is closed to the public, then the board shall not conduct any business, discuss any subject or take a vote on any matter other than the appeal to be heard. Nothing in this subdivision (c)(6) shall act to exclude the department of children's services from the disciplinary hearings when the department is exercising its obligations under § 37-1-140 . The action of the board of education shall be final.
(d) In the event the suspension occurs during the last ten (10) days of any term or semester, the pupil may be permitted to take final examinations or submit required work that is necessary to complete the course of instruction for that semester, subject to the action of the principal, or the final action of the board of education upon any appeal from an order of a principal continuing a suspension.
(e) Students under in-school suspension shall be recorded as constituting a part of the public school attendance in the same manner as students who attend regular classes.
(f) Nothing in this title shall require an LEA to enroll a student who is under suspension or expelled in an LEA either in Tennessee or another state. The director of schools for the school system in which the suspended student requests enrollment shall make a recommendation to the local board of education to approve or deny the request. The recommendation shall occur only after investigation of the facts surrounding the suspension from the former school system. Nothing in this subsection (f) shall affect children in state custody or their enrollment in any LEA. Any LEA that accepts enrollment of a student from another LEA may dismiss the student if it is determined subsequent to enrollment that the student had been suspended or expelled by the other LEA.
(g) (1) It is the legislative intent that if a rule or policy is designated as a zero tolerance policy, then violations of that rule or policy must not be tolerated and violators shall receive certain, swift, and proportionate punishment. (2) Notwithstanding this section or another law to the contrary, a student has committed a zero tolerance offense if the student: (A) Brings to school or is in unauthorized possession on school property of a firearm, as defined in 18 U.S.C. § 921 ; (B) Commits aggravated assault as defined in § 39-13-102 or commits an assault that results in bodily injury as defined in § 39-13-101(a)(1) upon any teacher, principal, administrator, any other employee of an LEA, or a school resource officer; (C) Is in unlawful possession of any drug, including any controlled substance, as defined in §§ 39-17-402 - 39-17-415, controlled substance analogue, as defined by § 39-17-454 , or legend drug, as defined by § 53-10-101 , on school grounds or at a school-sponsored event; or (D) Subject to subdivision (g)(5), threatens mass violence on school property or at a school-related activity pursuant to § 39-16-517 . (3) Nothing in this section prohibits the assignment of students who are subject to expulsion from school to an alternative school. (4) Disciplinary policies and procedures for all other student offenses, including terms of suspensions and expulsions, must be determined by local board of education policy. (5) If a student threatens mass violence on school property or at a school-related activity pursuant to § 39-16-517 , then the director of schools or the head of the public charter school, as applicable, shall require the student to submit to a threat assessment to determine whether the threat of mass violence made by the student was a valid threat. The student may be suspended from attendance at the school and from school-sponsored activities until the threat assessment is complete. If the director of schools or the head of the public charter school determines, based on the results of the threat assessment required in this subdivision (g)(5), that the threat of mass violence made by the student was not a valid threat, then the student shall not be expelled for committing a zero tolerance offense, but may be suspended in accordance with this section. (6) For purposes of this subsection (g): (A) "Expelled" means removal from the student's regular school program at the location where the violation occurred or removal from school attendance altogether, as determined by the school official; and (B) "Zero tolerance offense" means an offense committed by a student requiring the student to be expelled from school for at least one (1) calendar year that can only be modified on a case-by-case basis by the director of schools or the head of a charter school.
(1) It is the legislative intent that if a rule or policy is designated as a zero tolerance policy, then violations of that rule or policy must not be tolerated and violators shall receive certain, swift, and proportionate punishment.
(2) Notwithstanding this section or another law to the contrary, a student has committed a zero tolerance offense if the student: (A) Brings to school or is in unauthorized possession on school property of a firearm, as defined in 18 U.S.C. § 921 ; (B) Commits aggravated assault as defined in § 39-13-102 or commits an assault that results in bodily injury as defined in § 39-13-101(a)(1) upon any teacher, principal, administrator, any other employee of an LEA, or a school resource officer; (C) Is in unlawful possession of any drug, including any controlled substance, as defined in §§ 39-17-402 - 39-17-415, controlled substance analogue, as defined by § 39-17-454 , or legend drug, as defined by § 53-10-101 , on school grounds or at a school-sponsored event; or (D) Subject to subdivision (g)(5), threatens mass violence on school property or at a school-related activity pursuant to § 39-16-517 .
(A) Brings to school or is in unauthorized possession on school property of a firearm, as defined in 18 U.S.C. § 921 ;
(B) Commits aggravated assault as defined in § 39-13-102 or commits an assault that results in bodily injury as defined in § 39-13-101(a)(1) upon any teacher, principal, administrator, any other employee of an LEA, or a school resource officer;
(C) Is in unlawful possession of any drug, including any controlled substance, as defined in §§ 39-17-402 - 39-17-415, controlled substance analogue, as defined by § 39-17-454 , or legend drug, as defined by § 53-10-101 , on school grounds or at a school-sponsored event; or
(D) Subject to subdivision (g)(5), threatens mass violence on school property or at a school-related activity pursuant to § 39-16-517 .
(3) Nothing in this section prohibits the assignment of students who are subject to expulsion from school to an alternative school.
(4) Disciplinary policies and procedures for all other student offenses, including terms of suspensions and expulsions, must be determined by local board of education policy.
(5) If a student threatens mass violence on school property or at a school-related activity pursuant to § 39-16-517 , then the director of schools or the head of the public charter school, as applicable, shall require the student to submit to a threat assessment to determine whether the threat of mass violence made by the student was a valid threat. The student may be suspended from attendance at the school and from school-sponsored activities until the threat assessment is complete. If the director of schools or the head of the public charter school determines, based on the results of the threat assessment required in this subdivision (g)(5), that the threat of mass violence made by the student was not a valid threat, then the student shall not be expelled for committing a zero tolerance offense, but may be suspended in accordance with this section.
(6) For purposes of this subsection (g): (A) "Expelled" means removal from the student's regular school program at the location where the violation occurred or removal from school attendance altogether, as determined by the school official; and (B) "Zero tolerance offense" means an offense committed by a student requiring the student to be expelled from school for at least one (1) calendar year that can only be modified on a case-by-case basis by the director of schools or the head of a charter school.
(A) "Expelled" means removal from the student's regular school program at the location where the violation occurred or removal from school attendance altogether, as determined by the school official; and
(B) "Zero tolerance offense" means an offense committed by a student requiring the student to be expelled from school for at least one (1) calendar year that can only be modified on a case-by-case basis by the director of schools or the head of a charter school.
(h) The commissioner of education shall report on an annual basis to the education committee of the senate and the education administration committee of the house of representatives regarding disciplinary actions in Tennessee schools. The reports must include the reason for the disciplinary action, the number of students suspended or expelled, the number of students who committed zero tolerance offenses pursuant to subsection (g), the number of students who have been placed in an alternative educational setting, and the number of students suspended, expelled, or otherwise dismissed from an alternative school. Data must be sorted by school as well as by various demographic factors, including grade, race, and sex.
(i) Notwithstanding subsection (a) or (b) or any other law to the contrary, if a pupil is determined, via a fair and thorough investigation made by the principal or the principal's appointed representative, to have acted in self-defense under a reasonable belief that the student, or another to whom the student was coming to the defense of, may have been facing the threat of imminent danger of death or serious bodily injury, which the student honestly believed to be real at that time, then, at the principal's recommendation, the student may not face any disciplinary action.
(j) (1) Notwithstanding subsection (a), a principal, principal-teacher, or assistant principal of a public school in this state, including public charter schools, shall suspend a student who commits an assault, as defined in § 39-13-101 , against an employee of the LEA or the public charter school in which the student is enrolled from attendance at school for the period of time specified by the principal, principal-teacher, or assistant principal, and from attendance at all school-sponsored events for no less than one (1) calendar year, unless modified by the director of schools or the director of the public charter school. (2) Each LEA or public charter school shall advise an LEA or public charter school employee who is assaulted, as defined in § 39-13-101 , by a student of the employee's rights as a result of the assault, including, but not limited to, the employee's right to file a report with the appropriate law enforcement agency and judicial authorities. (3) If a student is suspended for committing an assault against an employee of the student's LEA or public charter school and attends a school-sponsored event during the period of the student's suspension, then the LEA or public charter school must report the violation as trespassing, pursuant to § 39-14-405 , and the designated representative for the LEA or public charter school must notify the appropriate law enforcement agency and request the removal of the student from the school-sponsored event. (4) Each LEA and public charter school shall support and assist an employee who is assaulted by a student in prosecuting the student who committed the assault, and shall encourage the prosecuting attorney to request that the court prohibit the defendant from attending school-sponsored events for a time the court deems appropriate as a part of the sentence for the offense.
(1) Notwithstanding subsection (a), a principal, principal-teacher, or assistant principal of a public school in this state, including public charter schools, shall suspend a student who commits an assault, as defined in § 39-13-101 , against an employee of the LEA or the public charter school in which the student is enrolled from attendance at school for the period of time specified by the principal, principal-teacher, or assistant principal, and from attendance at all school-sponsored events for no less than one (1) calendar year, unless modified by the director of schools or the director of the public charter school.
(2) Each LEA or public charter school shall advise an LEA or public charter school employee who is assaulted, as defined in § 39-13-101 , by a student of the employee's rights as a result of the assault, including, but not limited to, the employee's right to file a report with the appropriate law enforcement agency and judicial authorities.
(3) If a student is suspended for committing an assault against an employee of the student's LEA or public charter school and attends a school-sponsored event during the period of the student's suspension, then the LEA or public charter school must report the violation as trespassing, pursuant to § 39-14-405 , and the designated representative for the LEA or public charter school must notify the appropriate law enforcement agency and request the removal of the student from the school-sponsored event.
(4) Each LEA and public charter school shall support and assist an employee who is assaulted by a student in prosecuting the student who committed the assault, and shall encourage the prosecuting attorney to request that the court prohibit the defendant from attending school-sponsored events for a time the court deems appropriate as a part of the sentence for the offense.
Amended by 2024 Tenn. Acts, ch. 915,s 1, eff. 5/3/2024.
Amended by 2024 Tenn. Acts, ch. 882,s 2, eff. 5/1/2024.
Amended by 2024 Tenn. Acts, ch. 882,s 1, eff. 5/1/2024.
Amended by 2023 Tenn. Acts, ch. 299, s 1, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 686, s 17, eff. 3/28/2022.
Amended by 2021 Tenn. Acts, ch. 64, s 89, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 104, eff. 5/10/2019.
Amended by 2018 Tenn. Acts, ch. 958, s 4, eff. 7/1/2018.
Amended by 2015 Tenn. Acts, ch. 501, s 2, eff. 7/1/2015.
Amended by 2015 Tenn. Acts, ch. 182, s 50, eff. 4/17/2015.
Amended by 2013 Tenn. Acts, ch. 442, s 1, eff. 7/1/2013.
Amended by 2013 Tenn. Acts, ch. 222, s 1, eff. 7/1/2013.
Amended by 2013 Tenn. Acts, ch. 214, s 4, eff. 4/23/2013.
Acts 1925, ch. 115, § 8; Shan. Supp., § 1487a52; Code 1932, § 2341; Acts 1959, ch. 94, § 1; 1970, ch. 344, § 1; 1970, ch. 580, § 1; 1974, ch. 654, § 69; 1981, ch. 117, §§ 1-7; 1982, ch. 608, §§ 1, 2; T.C.A. (orig. ed.), § 49-1309; Acts 1986, ch. 671, § 1; 1988, ch. 646, § 1; 1991, ch. 382, §§ 1, 2; 1991, ch. 411, § 1; 1992, ch. 949, § 1; 1993, ch. 383, § 1; 1995, ch. 268, § 1; 1995, ch. 365, § 1; 1998, ch. 830, § 1; 2000, ch. 634, § 3; 2007 , ch. 212, § 1; 2007 , ch. 402, § 1; 2007 , ch. 457, § 1; 2008 , ch. 916, § 1; 2011 , ch. 410, § 4 (v); 2012 , ch. 687, § 1; 2012 , ch. 848, § 42.
Tenn. Code Ann. § 49-6-416 — TN Code / Title 49 / Chapter 6 / Section 49-6-416
Audit of voluntary association that establishes and enforces bylaws or rules for interscholastic sports competition for public secondary schools
Status: in_force

Any voluntary association that establishes and enforces bylaws or rules for interscholastic sports competition for public secondary schools in this state shall be subject to an annual audit by the comptroller of the treasury. At the discretion of the comptroller of the treasury, the audit may be prepared by a certified public accountant, a public accountant, or by the department of audit. The comptroller of the treasury may accept the association's own audit prepared by a certified public accountant that has been filed with the secretary of state to satisfy the requirements of this section. If the association fails or refuses to have the audit prepared, then the comptroller of the treasury may appoint a certified public accountant or public accountant or direct the department to prepare the audit. The association shall bear the full costs of any audit prepared. Acts 2018, ch. 948, § 1.
Any voluntary association that establishes and enforces bylaws or rules for interscholastic sports competition for public secondary schools in this state shall be subject to an annual audit by the comptroller of the treasury. At the discretion of the comptroller of the treasury, the audit may be prepared by a certified public accountant, a public accountant, or by the department of audit. The comptroller of the treasury may accept the association's own audit prepared by a certified public accountant that has been filed with the secretary of state to satisfy the requirements of this section. If the association fails or refuses to have the audit prepared, then the comptroller of the treasury may appoint a certified public accountant or public accountant or direct the department to prepare the audit. The association shall bear the full costs of any audit prepared.
Acts 2018, ch. 948, § 1.
Tenn. Code Ann. § 49-3-320 — TN Code / Title 49 / Chapter 3 / Section 49-3-320
Grants-in-aid
Status: in_force

Appropriations of state funds made for educational grants-in-aid shall be expended under allotments of the commissioner of finance and administration for the following purposes: (1) Tennessee Academy of Science; (2) U.D.C. scholarships; (3) Girls' Blind Home; (4) State Aid for Youth, Inc.; (5) Spencer T. Hunt Trust Fund; (6) Cumberland Museum and Science Center; (7) Student's Museum of Knoxville; and (8) Memphis Pink Palace Museum. Acts 1977, ch. 289, § 16; T.C.A., § 49-619.
Appropriations of state funds made for educational grants-in-aid shall be expended under allotments of the commissioner of finance and administration for the following purposes:
(1) Tennessee Academy of Science;
(2) U.D.C. scholarships;
(3) Girls' Blind Home;
(4) State Aid for Youth, Inc.;
(5) Spencer T. Hunt Trust Fund;
(6) Cumberland Museum and Science Center;
(7) Student's Museum of Knoxville; and
(8) Memphis Pink Palace Museum.
Acts 1977, ch. 289, § 16; T.C.A., § 49-619.