Tenn. Code Ann. § 49-5-710 — TN Code / Title 49 / Chapter 5 / Section 49-5-710
Sick leave - Accumulation and use
Status: in_force

(a) (1) The time allowed for sick leave within the meaning of this section for any teacher shall be one (1) day for each month employed plus any personal and professional leave transferred to sick leave. Sick leave shall be cumulative for all earned or transferred days not used. (2) Any teacher who goes on maternity or paternity leave may use sick leave and annual leave, as described by § 8-50-801 , for maternity or paternity leave for a period not to exceed the teacher's accumulated sick leave and annual leave balance, or twelve (12) weeks, whichever is less. To be eligible to use sick leave as maternity or paternity leave, the teacher must submit a written request that includes a statement from the attending physician indicating the expected date of confinement, no later than the end of the fifth month of pregnancy. Upon verification by a written statement from an adoption agency or other entity handling an adoption, a teacher may be allowed to use up to thirty (30) days of accumulated sick leave for the adoption of a child. If both adoptive parents are teachers, only one (1) parent is entitled to use leave under this subsection (a). (3) When first employed in a system, a teacher shall be allowed an initial allotment of up to five (5) days of sick leave, but not exceeding the number the teacher could earn during the school year in which the teacher is first employed. If a teacher uses a part or all of this initial allotment, these days shall be charged to sick leave later accumulated by the same teacher. (4) At the termination of the employment of any teacher, all unused sick leave accumulated by the teacher shall be terminated. (5) However, a local board of education shall grant to any teacher, upon the teacher's employment or reemployment, the accumulated sick leave that the teacher lost by previous termination of employment in a public school system of this state; except that a teacher terminated for cause, as defined in § 49-5-501 , shall not be granted, upon further employment, the sick leave days lost; and except that a teacher who breaks a contract with the board of education without a justifiable reason and without giving at least thirty (30) days' advance notice shall be granted previously accumulated, unused leave only if the board whose employ the teacher left permits the teacher to resign in good standing under the terms of § 49-5-508 . This grant of previously accumulated, unused sick leave days shall be made only upon application of the teacher and only upon written verification notarized by the director of schools of the system in which the accumulated sick leave was held. The grant of previously accumulated, unused sick leave days provided for under this subdivision (a)(5) shall be available to any teacher and state employee. (6) Every local board of education shall keep a record of the accumulated sick leave for each eligible teacher in its employ and shall provide a verified copy to the teacher or other board of education for purposes of implementing this section. (7) The local board of education may require that a physician's certificate be furnished by the teacher in all cases deemed proper by the local board. (8) In case of doubt, the local board of education shall have final authority as to who is entitled to leave under this section and the time for which the leave may be allowed. (9) A teacher in need of sick leave shall be allowed to use unearned sick leave up to the amount of days that the teacher may accumulate during the remainder of the school year in which the teacher is employed. Such advance use of sick leave shall be charged to sick leave accumulated in the same school year. Upon termination of the employment of the teacher before the days are earned or at the end of the school year, there shall be deducted from the final salary of the teacher an amount based on the teacher's daily rate of pay sufficient to cover the excess sick leave days used by the teacher, and if the final salary is insufficient for this purpose, the teacher shall be liable for reimbursement of any amount in excess of the teacher's final salary. (b) Any person employed by any agency, office, department or institution of the state or any state college or university, and who participates in the sick leave program provided in title 8, chapter 50, part 8, who leaves such employment and within two (2) years becomes a teacher employed by any local board of education, shall be allowed to convert all accumulated state sick leave into sick leave under this section. Any person may waive such conversion by notice to the authority responsible for the person's appointment. The previous employer shall certify to the new employer that the sick leave for which credit is being sought actually is accrued and due and is substantiated by records of the agency compiled during the course of such employment and not from records compiled solely for purposes of establishing leave credit. The conversion of sick leave under this subsection (b) shall be available to any employee who has transferred employment from any state agency named in this subsection (b) to any local school system. Amended by 2019 Tenn. Acts, ch. 248, s 48, eff. 5/2/2019. Acts 1955, ch. 136, § 18; 1957, ch. 75, § 1; 1959, ch. 93, § 1; 1967, ch. 396, § 1; 1968, ch. 420, §§ 1, 2; 1971, ch. 128, § 1; 1971, ch. 421, § 1; 1973, ch. 2, § 1; 1974, ch. 488, § 1; 1975, ch. 46, §§ 1, 2; 1975, ch. 100, § 2; 1977, ch. 364, § 2; 1978, ch. 557, § 2; 1979, ch. 78, § 1; 1980, ch. 544, § 1; 1980, ch. 567, § 1; 1981, ch. 282, §§ 1, 2; 1982, ch. 674, §§ 3, 4; T.C.A., § 49-1314(c); Acts 1984, ch. 657, § 1; 1986, ch. 850, § 3; 1989, ch. 184, § 1; 1998, ch. 617, § 1.
(a) (1) The time allowed for sick leave within the meaning of this section for any teacher shall be one (1) day for each month employed plus any personal and professional leave transferred to sick leave. Sick leave shall be cumulative for all earned or transferred days not used. (2) Any teacher who goes on maternity or paternity leave may use sick leave and annual leave, as described by § 8-50-801 , for maternity or paternity leave for a period not to exceed the teacher's accumulated sick leave and annual leave balance, or twelve (12) weeks, whichever is less. To be eligible to use sick leave as maternity or paternity leave, the teacher must submit a written request that includes a statement from the attending physician indicating the expected date of confinement, no later than the end of the fifth month of pregnancy. Upon verification by a written statement from an adoption agency or other entity handling an adoption, a teacher may be allowed to use up to thirty (30) days of accumulated sick leave for the adoption of a child. If both adoptive parents are teachers, only one (1) parent is entitled to use leave under this subsection (a). (3) When first employed in a system, a teacher shall be allowed an initial allotment of up to five (5) days of sick leave, but not exceeding the number the teacher could earn during the school year in which the teacher is first employed. If a teacher uses a part or all of this initial allotment, these days shall be charged to sick leave later accumulated by the same teacher. (4) At the termination of the employment of any teacher, all unused sick leave accumulated by the teacher shall be terminated. (5) However, a local board of education shall grant to any teacher, upon the teacher's employment or reemployment, the accumulated sick leave that the teacher lost by previous termination of employment in a public school system of this state; except that a teacher terminated for cause, as defined in § 49-5-501 , shall not be granted, upon further employment, the sick leave days lost; and except that a teacher who breaks a contract with the board of education without a justifiable reason and without giving at least thirty (30) days' advance notice shall be granted previously accumulated, unused leave only if the board whose employ the teacher left permits the teacher to resign in good standing under the terms of § 49-5-508 . This grant of previously accumulated, unused sick leave days shall be made only upon application of the teacher and only upon written verification notarized by the director of schools of the system in which the accumulated sick leave was held. The grant of previously accumulated, unused sick leave days provided for under this subdivision (a)(5) shall be available to any teacher and state employee. (6) Every local board of education shall keep a record of the accumulated sick leave for each eligible teacher in its employ and shall provide a verified copy to the teacher or other board of education for purposes of implementing this section. (7) The local board of education may require that a physician's certificate be furnished by the teacher in all cases deemed proper by the local board. (8) In case of doubt, the local board of education shall have final authority as to who is entitled to leave under this section and the time for which the leave may be allowed. (9) A teacher in need of sick leave shall be allowed to use unearned sick leave up to the amount of days that the teacher may accumulate during the remainder of the school year in which the teacher is employed. Such advance use of sick leave shall be charged to sick leave accumulated in the same school year. Upon termination of the employment of the teacher before the days are earned or at the end of the school year, there shall be deducted from the final salary of the teacher an amount based on the teacher's daily rate of pay sufficient to cover the excess sick leave days used by the teacher, and if the final salary is insufficient for this purpose, the teacher shall be liable for reimbursement of any amount in excess of the teacher's final salary.
(1) The time allowed for sick leave within the meaning of this section for any teacher shall be one (1) day for each month employed plus any personal and professional leave transferred to sick leave. Sick leave shall be cumulative for all earned or transferred days not used.
(2) Any teacher who goes on maternity or paternity leave may use sick leave and annual leave, as described by § 8-50-801 , for maternity or paternity leave for a period not to exceed the teacher's accumulated sick leave and annual leave balance, or twelve (12) weeks, whichever is less. To be eligible to use sick leave as maternity or paternity leave, the teacher must submit a written request that includes a statement from the attending physician indicating the expected date of confinement, no later than the end of the fifth month of pregnancy. Upon verification by a written statement from an adoption agency or other entity handling an adoption, a teacher may be allowed to use up to thirty (30) days of accumulated sick leave for the adoption of a child. If both adoptive parents are teachers, only one (1) parent is entitled to use leave under this subsection (a).
(3) When first employed in a system, a teacher shall be allowed an initial allotment of up to five (5) days of sick leave, but not exceeding the number the teacher could earn during the school year in which the teacher is first employed. If a teacher uses a part or all of this initial allotment, these days shall be charged to sick leave later accumulated by the same teacher.
(4) At the termination of the employment of any teacher, all unused sick leave accumulated by the teacher shall be terminated.
(5) However, a local board of education shall grant to any teacher, upon the teacher's employment or reemployment, the accumulated sick leave that the teacher lost by previous termination of employment in a public school system of this state; except that a teacher terminated for cause, as defined in § 49-5-501 , shall not be granted, upon further employment, the sick leave days lost; and except that a teacher who breaks a contract with the board of education without a justifiable reason and without giving at least thirty (30) days' advance notice shall be granted previously accumulated, unused leave only if the board whose employ the teacher left permits the teacher to resign in good standing under the terms of § 49-5-508 . This grant of previously accumulated, unused sick leave days shall be made only upon application of the teacher and only upon written verification notarized by the director of schools of the system in which the accumulated sick leave was held. The grant of previously accumulated, unused sick leave days provided for under this subdivision (a)(5) shall be available to any teacher and state employee.
(6) Every local board of education shall keep a record of the accumulated sick leave for each eligible teacher in its employ and shall provide a verified copy to the teacher or other board of education for purposes of implementing this section.
(7) The local board of education may require that a physician's certificate be furnished by the teacher in all cases deemed proper by the local board.
(8) In case of doubt, the local board of education shall have final authority as to who is entitled to leave under this section and the time for which the leave may be allowed.
(9) A teacher in need of sick leave shall be allowed to use unearned sick leave up to the amount of days that the teacher may accumulate during the remainder of the school year in which the teacher is employed. Such advance use of sick leave shall be charged to sick leave accumulated in the same school year. Upon termination of the employment of the teacher before the days are earned or at the end of the school year, there shall be deducted from the final salary of the teacher an amount based on the teacher's daily rate of pay sufficient to cover the excess sick leave days used by the teacher, and if the final salary is insufficient for this purpose, the teacher shall be liable for reimbursement of any amount in excess of the teacher's final salary.
(b) Any person employed by any agency, office, department or institution of the state or any state college or university, and who participates in the sick leave program provided in title 8, chapter 50, part 8, who leaves such employment and within two (2) years becomes a teacher employed by any local board of education, shall be allowed to convert all accumulated state sick leave into sick leave under this section. Any person may waive such conversion by notice to the authority responsible for the person's appointment. The previous employer shall certify to the new employer that the sick leave for which credit is being sought actually is accrued and due and is substantiated by records of the agency compiled during the course of such employment and not from records compiled solely for purposes of establishing leave credit. The conversion of sick leave under this subsection (b) shall be available to any employee who has transferred employment from any state agency named in this subsection (b) to any local school system.
Amended by 2019 Tenn. Acts, ch. 248, s 48, eff. 5/2/2019.
Acts 1955, ch. 136, § 18; 1957, ch. 75, § 1; 1959, ch. 93, § 1; 1967, ch. 396, § 1; 1968, ch. 420, §§ 1, 2; 1971, ch. 128, § 1; 1971, ch. 421, § 1; 1973, ch. 2, § 1; 1974, ch. 488, § 1; 1975, ch. 46, §§ 1, 2; 1975, ch. 100, § 2; 1977, ch. 364, § 2; 1978, ch. 557, § 2; 1979, ch. 78, § 1; 1980, ch. 544, § 1; 1980, ch. 567, § 1; 1981, ch. 282, §§ 1, 2; 1982, ch. 674, §§ 3, 4; T.C.A., § 49-1314(c); Acts 1984, ch. 657, § 1; 1986, ch. 850, § 3; 1989, ch. 184, § 1; 1998, ch. 617, § 1.
Tenn. Code Ann. § 49-5-301 — TN Code / Title 49 / Chapter 5 / Section 49-5-301
Nonteachers eligible for public office
Status: in_force

Notwithstanding any law except §§ 8-23-201 and 49-2-203 to the contrary, noninstructional personnel employed by any public school in this state shall be eligible to run for public office. Acts 1977, ch. 69, § 1; T.C.A., § 49-255.
Notwithstanding any law except §§ 8-23-201 and 49-2-203 to the contrary, noninstructional personnel employed by any public school in this state shall be eligible to run for public office.
Acts 1977, ch. 69, § 1; T.C.A., § 49-255.
Tenn. Code Ann. § 49-50-1404 — TN Code / Title 49 / Chapter 50 / Section 49-50-1404
False statements to state or government employees, officials or entities
Status: in_force

No person or persons required by state law, or rules or regulations promulgated pursuant to those laws to collect, manage, review and maintain accurate records pertaining to the operation of an LEA shall knowingly and willfully make or cause to be made any false statement in any detail of statistical or financial data, reports or other information requested or required by a state official, employee, agency, department, board, commission or other body in the executive branch of state government, or any board, commission, committee, member or employee of the legislative branch of state government. Acts 1989, ch. 444, § 4.
No person or persons required by state law, or rules or regulations promulgated pursuant to those laws to collect, manage, review and maintain accurate records pertaining to the operation of an LEA shall knowingly and willfully make or cause to be made any false statement in any detail of statistical or financial data, reports or other information requested or required by a state official, employee, agency, department, board, commission or other body in the executive branch of state government, or any board, commission, committee, member or employee of the legislative branch of state government.
Acts 1989, ch. 444, § 4.
Tenn. Code Ann. § 49-2-503 — TN Code / Title 49 / Chapter 2 / Section 49-2-503
Disposition of special school district funds
Status: in_force

(a) The county trustees of the several counties of this state are authorized to pay over to the county board of education of their respective counties any balance of funds in the hands of the trustees that have been derived from special school district taxes, when and if the law or laws creating the special school district have been repealed. (b) When any funds have been paid over to the county board of education under subsection (a), the funds shall be applied and expended by the county board of education only in accord with the limitations and provisions of §§ 49-2-502 and 49-2-1002 . Acts 1949, ch. 45, §§ 1, 2; C. Supp. 1950, §§ 2397.7, 2397.8 (Williams, §§ 2397.6, 2397.7); T.C.A. (orig. ed.), §§ 49-408, 49-409.
(a) The county trustees of the several counties of this state are authorized to pay over to the county board of education of their respective counties any balance of funds in the hands of the trustees that have been derived from special school district taxes, when and if the law or laws creating the special school district have been repealed.
(b) When any funds have been paid over to the county board of education under subsection (a), the funds shall be applied and expended by the county board of education only in accord with the limitations and provisions of §§ 49-2-502 and 49-2-1002 .
Acts 1949, ch. 45, §§ 1, 2; C. Supp. 1950, §§ 2397.7, 2397.8 (Williams, §§ 2397.6, 2397.7); T.C.A. (orig. ed.), §§ 49-408, 49-409.
Tenn. Code Ann. § 49-5-713 — TN Code / Title 49 / Chapter 5 / Section 49-5-713
Legislative service leave
Status: in_force

Leave to hold legislative office shall not be granted for more than any portion of four (4) calendar years without the consent of the local board of education. Nothing contained in this section shall be construed to require the board or school system to pay the teacher during the leave of absence. Acts 1973, ch. 175, § 1; 1975, ch. 51, § 1; T.C.A., § 49-1315.
Leave to hold legislative office shall not be granted for more than any portion of four (4) calendar years without the consent of the local board of education. Nothing contained in this section shall be construed to require the board or school system to pay the teacher during the leave of absence.
Acts 1973, ch. 175, § 1; 1975, ch. 51, § 1; T.C.A., § 49-1315.
Tenn. Code Ann. § 49-1-230 — TN Code / Title 49 / Chapter 1 / Section 49-1-230
Development of training programs for adverse childhood experiences
Status: in_force

(a) As used in this section, "adverse childhood experiences" or "ACEs" mean stressful or traumatic events experienced by a minor child. ACEs include, but are not limited to, a child witnessing, or being the victim of, physical abuse, sexual abuse, emotional abuse, physical neglect, emotional neglect, domestic violence, substance abuse, mental illness, parental separation or divorce, and incarceration. (b) The department of education shall develop an evidence-based training program on ACEs for school leaders and teachers. The training may be delivered through the trainer of trainers model under § 49-1-213 , and shall include: (1) The effects of ACEs on a child's mental, physical, social, behavioral, emotional, and cognitive development; (2) ACEs as a risk factor for the development of substance abuse disorders and other at-risk health behaviors; (3) Trauma-informed principles and practices for classrooms; and (4) How early identification of children exposed to one (1) or more ACEs may improve educational outcomes. (c) An LEA may develop its own ACEs training program to make available to the LEA's school personnel. Acts 2018 , ch. 723, § 1.
(a) As used in this section, "adverse childhood experiences" or "ACEs" mean stressful or traumatic events experienced by a minor child. ACEs include, but are not limited to, a child witnessing, or being the victim of, physical abuse, sexual abuse, emotional abuse, physical neglect, emotional neglect, domestic violence, substance abuse, mental illness, parental separation or divorce, and incarceration.
(b) The department of education shall develop an evidence-based training program on ACEs for school leaders and teachers. The training may be delivered through the trainer of trainers model under § 49-1-213 , and shall include: (1) The effects of ACEs on a child's mental, physical, social, behavioral, emotional, and cognitive development; (2) ACEs as a risk factor for the development of substance abuse disorders and other at-risk health behaviors; (3) Trauma-informed principles and practices for classrooms; and (4) How early identification of children exposed to one (1) or more ACEs may improve educational outcomes.
(1) The effects of ACEs on a child's mental, physical, social, behavioral, emotional, and cognitive development;
(2) ACEs as a risk factor for the development of substance abuse disorders and other at-risk health behaviors;
(3) Trauma-informed principles and practices for classrooms; and
(4) How early identification of children exposed to one (1) or more ACEs may improve educational outcomes.
(c) An LEA may develop its own ACEs training program to make available to the LEA's school personnel.
Acts 2018 , ch. 723, § 1.
Tenn. Code Ann. § 49-6-1306 — TN Code / Title 49 / Chapter 6 / Section 49-6-1306
Complaint by parent or legal guardian - Cause of action by parent or guardian
Status: in_force

(a) Notwithstanding any other law to the contrary, a parent or legal guardian of a student enrolled in family life may file a complaint with the director of schools if the parent or legal guardian believes that a teacher, instructor, or representative of an organization has not complied with the requirements of this part. The director shall investigate the complaint and report such director's findings, along with any recommendations for disciplinary action, to the local board for further action. The local board shall file, in a timely manner, a report with the commissioner regarding any action or inaction taken. On an annual basis, the commissioner shall transmit those filings to the chair of the education committee of the senate and the chair of the education instruction committee of the house of representatives. (b) (1) If a student receives instruction by an instructor or organization that promotes gateway sexual activity or demonstrates sexual activity, as prohibited under this part, then the parent or legal guardian shall have a cause of action against that instructor or organization for actual damages plus reasonable attorney's fees and court costs; provided, however, that this subsection (b) shall not apply to: (A) Instruction provided by teachers employed by the LEA; or (B) Instruction provided by instructors employed by an LEA-approved organization, or by LEA-approved instructors, that is limited to the detection, intervention, prevention, and treatment of child sexual abuse, including such abuse that may occur in the home, in accordance with §§ 37-1-601(a) , 37-1-603(b)(3) , and 49-6-1303(b) . Any LEA-approved organization, instructor employed by an LEA-approved organization, or LEA-approved instructor who promotes any gateway sexual activity, demonstrates sexual activity, or teaches student nonabstinence as an appropriate or acceptable behavior, as prohibited under this part, shall be subject to a cause of action by a parent or legal guardian pursuant to this subdivision (b)(1). (2) If the parent or legal guardian is the prevailing party to the action, the court may impose a civil fine in an amount not to exceed five hundred dollars ($500). (3) An action brought under this subsection (b) shall be commenced within one (1) year after the alleged violation occurred. (c) This section shall not apply to instruction by any teacher, instructor, or organization, who, with respect to a course or class otherwise offered in accordance with the requirements of this part, verbally answers in good faith any question, or series of questions, germane and material to the course, asked of the instructor and initiated by a student or students enrolled in the course. Amended by 2021 Tenn. Acts, ch. 64, s 86, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 345, s 100, eff. 5/10/2019. Amended by 2018 Tenn. Acts, ch. 609, s 2, eff. 4/2/2018. Amended by 2015 Tenn. Acts, ch. 182, s 44, eff. 4/17/2015. Acts 2012 , ch. 973, § 2.
(a) Notwithstanding any other law to the contrary, a parent or legal guardian of a student enrolled in family life may file a complaint with the director of schools if the parent or legal guardian believes that a teacher, instructor, or representative of an organization has not complied with the requirements of this part. The director shall investigate the complaint and report such director's findings, along with any recommendations for disciplinary action, to the local board for further action. The local board shall file, in a timely manner, a report with the commissioner regarding any action or inaction taken. On an annual basis, the commissioner shall transmit those filings to the chair of the education committee of the senate and the chair of the education instruction committee of the house of representatives.
(b) (1) If a student receives instruction by an instructor or organization that promotes gateway sexual activity or demonstrates sexual activity, as prohibited under this part, then the parent or legal guardian shall have a cause of action against that instructor or organization for actual damages plus reasonable attorney's fees and court costs; provided, however, that this subsection (b) shall not apply to: (A) Instruction provided by teachers employed by the LEA; or (B) Instruction provided by instructors employed by an LEA-approved organization, or by LEA-approved instructors, that is limited to the detection, intervention, prevention, and treatment of child sexual abuse, including such abuse that may occur in the home, in accordance with §§ 37-1-601(a) , 37-1-603(b)(3) , and 49-6-1303(b) . Any LEA-approved organization, instructor employed by an LEA-approved organization, or LEA-approved instructor who promotes any gateway sexual activity, demonstrates sexual activity, or teaches student nonabstinence as an appropriate or acceptable behavior, as prohibited under this part, shall be subject to a cause of action by a parent or legal guardian pursuant to this subdivision (b)(1). (2) If the parent or legal guardian is the prevailing party to the action, the court may impose a civil fine in an amount not to exceed five hundred dollars ($500). (3) An action brought under this subsection (b) shall be commenced within one (1) year after the alleged violation occurred.
(1) If a student receives instruction by an instructor or organization that promotes gateway sexual activity or demonstrates sexual activity, as prohibited under this part, then the parent or legal guardian shall have a cause of action against that instructor or organization for actual damages plus reasonable attorney's fees and court costs; provided, however, that this subsection (b) shall not apply to: (A) Instruction provided by teachers employed by the LEA; or (B) Instruction provided by instructors employed by an LEA-approved organization, or by LEA-approved instructors, that is limited to the detection, intervention, prevention, and treatment of child sexual abuse, including such abuse that may occur in the home, in accordance with §§ 37-1-601(a) , 37-1-603(b)(3) , and 49-6-1303(b) . Any LEA-approved organization, instructor employed by an LEA-approved organization, or LEA-approved instructor who promotes any gateway sexual activity, demonstrates sexual activity, or teaches student nonabstinence as an appropriate or acceptable behavior, as prohibited under this part, shall be subject to a cause of action by a parent or legal guardian pursuant to this subdivision (b)(1).
(A) Instruction provided by teachers employed by the LEA; or
(B) Instruction provided by instructors employed by an LEA-approved organization, or by LEA-approved instructors, that is limited to the detection, intervention, prevention, and treatment of child sexual abuse, including such abuse that may occur in the home, in accordance with §§ 37-1-601(a) , 37-1-603(b)(3) , and 49-6-1303(b) . Any LEA-approved organization, instructor employed by an LEA-approved organization, or LEA-approved instructor who promotes any gateway sexual activity, demonstrates sexual activity, or teaches student nonabstinence as an appropriate or acceptable behavior, as prohibited under this part, shall be subject to a cause of action by a parent or legal guardian pursuant to this subdivision (b)(1).
(2) If the parent or legal guardian is the prevailing party to the action, the court may impose a civil fine in an amount not to exceed five hundred dollars ($500).
(3) An action brought under this subsection (b) shall be commenced within one (1) year after the alleged violation occurred.
(c) This section shall not apply to instruction by any teacher, instructor, or organization, who, with respect to a course or class otherwise offered in accordance with the requirements of this part, verbally answers in good faith any question, or series of questions, germane and material to the course, asked of the instructor and initiated by a student or students enrolled in the course.
Amended by 2021 Tenn. Acts, ch. 64, s 86, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 100, eff. 5/10/2019.
Amended by 2018 Tenn. Acts, ch. 609, s 2, eff. 4/2/2018.
Amended by 2015 Tenn. Acts, ch. 182, s 44, eff. 4/17/2015.
Acts 2012 , ch. 973, § 2.
Tenn. Code Ann. § 49-6-6007 — TN Code / Title 49 / Chapter 6 / Section 49-6-6007
Annual notification of parents by department and LEAs as to mandated tests to be administered in the upcoming school year - Information to be posted - Methods for notification
Status: in_force

(a) No later than July 15 of each year, the department of education shall post on its website information about state mandated tests that shall be administered in the upcoming school year. The information shall include the name of the test, the purpose and use of the test, the grade or class in which the test is to be administered, the tentative date or dates on which the test will be administered and how and when parents and students will be informed of the results of the tests. (b) No later than July 31 of each year, each LEA shall post on its website information about state mandated tests and tests mandated by the LEA that shall be administered in the upcoming school year. The information shall include the name of the test, the purpose and use of the test, the grade or class in which the test is to be administered, the tentative date or dates on which the test will be administered and how and when parents and students will be informed of the results of the test. An LEA is encouraged to disseminate annually this information to parents by other methods that the LEA finds reasonable and feasible, such as, posting on a school's website the information for tests that will be administered to students attending the school, discussion of state and LEA mandated tests at parent/teacher organization meetings or sending the information home with students. Beginning with the 2015-2016 school year and for school years thereafter, an LEA shall also disseminate the testing information to parents by placing the information in each school's student handbook, or other standard or policy guidebook that contains the policies and procedures of the school and is distributed annually. (c) (1) An LEA shall include, with the information required to be posted under subsection (b), a statement that informs parents how they can access the items on the student's state-required summative standardized assessments and the student's answers. An LEA shall also publicly provide this information to parents by the other methods of dissemination under subsection (b) that it has chosen or that are required, including publication in each school's student handbook or other standard policy guidebook that contains the policies and procedures of the school. (2) The department shall create guidelines for LEAs on the implementation of this section for the purposes of increasing assessment transparency. The guidelines shall include provisions related to LEA communication about the purpose of each locally required standardized assessment; how each assessment complements and enhances student instruction and learning; and how each assessment serves a purpose distinct from required state assessments. (3) [Deleted by 2022 amendment.] Amended by 2022 Tenn. Acts, ch. 686, s 20, eff. 3/28/2022. Amended by 2016 Tenn. Acts, ch. 844, s 3, eff. 7/1/2016. Added by 2014 Tenn. Acts, ch. 892, s 1, eff. 5/1/2014.
(a) No later than July 15 of each year, the department of education shall post on its website information about state mandated tests that shall be administered in the upcoming school year. The information shall include the name of the test, the purpose and use of the test, the grade or class in which the test is to be administered, the tentative date or dates on which the test will be administered and how and when parents and students will be informed of the results of the tests.
(b) No later than July 31 of each year, each LEA shall post on its website information about state mandated tests and tests mandated by the LEA that shall be administered in the upcoming school year. The information shall include the name of the test, the purpose and use of the test, the grade or class in which the test is to be administered, the tentative date or dates on which the test will be administered and how and when parents and students will be informed of the results of the test. An LEA is encouraged to disseminate annually this information to parents by other methods that the LEA finds reasonable and feasible, such as, posting on a school's website the information for tests that will be administered to students attending the school, discussion of state and LEA mandated tests at parent/teacher organization meetings or sending the information home with students. Beginning with the 2015-2016 school year and for school years thereafter, an LEA shall also disseminate the testing information to parents by placing the information in each school's student handbook, or other standard or policy guidebook that contains the policies and procedures of the school and is distributed annually.
(c) (1) An LEA shall include, with the information required to be posted under subsection (b), a statement that informs parents how they can access the items on the student's state-required summative standardized assessments and the student's answers. An LEA shall also publicly provide this information to parents by the other methods of dissemination under subsection (b) that it has chosen or that are required, including publication in each school's student handbook or other standard policy guidebook that contains the policies and procedures of the school. (2) The department shall create guidelines for LEAs on the implementation of this section for the purposes of increasing assessment transparency. The guidelines shall include provisions related to LEA communication about the purpose of each locally required standardized assessment; how each assessment complements and enhances student instruction and learning; and how each assessment serves a purpose distinct from required state assessments. (3) [Deleted by 2022 amendment.]
(1) An LEA shall include, with the information required to be posted under subsection (b), a statement that informs parents how they can access the items on the student's state-required summative standardized assessments and the student's answers. An LEA shall also publicly provide this information to parents by the other methods of dissemination under subsection (b) that it has chosen or that are required, including publication in each school's student handbook or other standard policy guidebook that contains the policies and procedures of the school.
(2) The department shall create guidelines for LEAs on the implementation of this section for the purposes of increasing assessment transparency. The guidelines shall include provisions related to LEA communication about the purpose of each locally required standardized assessment; how each assessment complements and enhances student instruction and learning; and how each assessment serves a purpose distinct from required state assessments.
(3) [Deleted by 2022 amendment.]
Amended by 2022 Tenn. Acts, ch. 686, s 20, eff. 3/28/2022.
Amended by 2016 Tenn. Acts, ch. 844, s 3, eff. 7/1/2016.
Added by 2014 Tenn. Acts, ch. 892, s 1, eff. 5/1/2014.
Tenn. Code Ann. § 49-1-221 — TN Code / Title 49 / Chapter 1 / Section 49-1-221
Internet acceptable use policy - Requirements for provider of digital or online resources - Complaints
Status: in_force

(a) (1) Each LEA shall adopt an internet acceptable use policy. At a minimum, the policy shall contain provisions that: (A) Are designed to prohibit certain inappropriate use by school district employees and students of the school district's computers via the internet; (B) Seek to prevent access by students to material that the school district deems to be harmful to juveniles; (C) Select technology for the LEA's computers having internet access that will: (i) Filter, block, or otherwise prevent access to pornography or obscenity through online resources; and (ii) Prohibit and prevent a user from sending, receiving, viewing, or downloading materials that are deemed to be harmful to minors, as defined in § 39-17-901 ; (D) Establish appropriate measures to be taken against persons who violate the policy; (E) Include a component on internet safety for students that is integrated in a school district's instructional program; and (F) Encourage communications with parents that raise awareness about internet safety using existing avenues of communication, such as parent-teacher conferences. (2) The policy may include such other terms, conditions and requirements as deemed appropriate, such as requiring written parental authorization for internet use by juveniles or differentiating acceptable uses among elementary, middle and high school students. (b) The director of schools shall take such steps as appropriate to implement and enforce the school district's policy. (c) (1) A provider of digital or online resources, with which an LEA or a state agency contracts for the provision of digital or online materials created and marketed for kindergarten through grade twelve (K-12) school use, shall: (A) Verify that the digital or online materials do not violate § 39-17-902 ; (B) Filter, block, or otherwise prevent access to pornography or obscenity through one's use of the digital or online materials; (C) Verify, in writing, that the provider's technology prevents a user from sending, receiving, viewing, or downloading materials that are harmful to minors, as defined in § 39-17-901 ; and (D) Remove, upon the contracting LEA's or state agency's request, access to digital or online materials for ages or audiences for which the contracting LEA or state agency has determined the material to be age- or audience-inappropriate. A provider must remove access to digital or online materials described in this subdivision (c)(1)(D) within one (1) business day of the provider's receipt of the contracting LEA's or state agency's request, unless the deadline for removal is extended by mutual consent of the contracting parties. (2) An LEA or a state agency that contracts for the provision of digital or online materials created and marketed for kindergarten through grade twelve (K-12) school use shall adopt and implement a policy that: (A) Allows a person to file a complaint with the respective LEA or state agency concerning an alleged violation of subdivision (c)(1); and (B) Requires the LEA or state agency to review a complaint as described in subdivision (c)(2)(A) to determine if action is necessary. (3) This subsection (c) does not apply to medical resources or archival collections. Amended by 2022 Tenn. Acts, ch. 1002, s 3, eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 1002, s 2, eff. 7/1/2022. Amended by 2018 Tenn. Acts, ch. 725, Secs.s 9, s 10 eff. 4/18/2018. Amended by 2015 Tenn. Acts, ch. 182, s 10, eff. 4/17/2015. Amended by 2013 Tenn. Acts, ch. 274, s 1, eff. 4/25/2013. Acts 2008 , ch. 989, § 1.
(a) (1) Each LEA shall adopt an internet acceptable use policy. At a minimum, the policy shall contain provisions that: (A) Are designed to prohibit certain inappropriate use by school district employees and students of the school district's computers via the internet; (B) Seek to prevent access by students to material that the school district deems to be harmful to juveniles; (C) Select technology for the LEA's computers having internet access that will: (i) Filter, block, or otherwise prevent access to pornography or obscenity through online resources; and (ii) Prohibit and prevent a user from sending, receiving, viewing, or downloading materials that are deemed to be harmful to minors, as defined in § 39-17-901 ; (D) Establish appropriate measures to be taken against persons who violate the policy; (E) Include a component on internet safety for students that is integrated in a school district's instructional program; and (F) Encourage communications with parents that raise awareness about internet safety using existing avenues of communication, such as parent-teacher conferences. (2) The policy may include such other terms, conditions and requirements as deemed appropriate, such as requiring written parental authorization for internet use by juveniles or differentiating acceptable uses among elementary, middle and high school students.
(1) Each LEA shall adopt an internet acceptable use policy. At a minimum, the policy shall contain provisions that: (A) Are designed to prohibit certain inappropriate use by school district employees and students of the school district's computers via the internet; (B) Seek to prevent access by students to material that the school district deems to be harmful to juveniles; (C) Select technology for the LEA's computers having internet access that will: (i) Filter, block, or otherwise prevent access to pornography or obscenity through online resources; and (ii) Prohibit and prevent a user from sending, receiving, viewing, or downloading materials that are deemed to be harmful to minors, as defined in § 39-17-901 ; (D) Establish appropriate measures to be taken against persons who violate the policy; (E) Include a component on internet safety for students that is integrated in a school district's instructional program; and (F) Encourage communications with parents that raise awareness about internet safety using existing avenues of communication, such as parent-teacher conferences.
(A) Are designed to prohibit certain inappropriate use by school district employees and students of the school district's computers via the internet;
(B) Seek to prevent access by students to material that the school district deems to be harmful to juveniles;
(C) Select technology for the LEA's computers having internet access that will: (i) Filter, block, or otherwise prevent access to pornography or obscenity through online resources; and (ii) Prohibit and prevent a user from sending, receiving, viewing, or downloading materials that are deemed to be harmful to minors, as defined in § 39-17-901 ;
(i) Filter, block, or otherwise prevent access to pornography or obscenity through online resources; and
(ii) Prohibit and prevent a user from sending, receiving, viewing, or downloading materials that are deemed to be harmful to minors, as defined in § 39-17-901 ;
(D) Establish appropriate measures to be taken against persons who violate the policy;
(E) Include a component on internet safety for students that is integrated in a school district's instructional program; and
(F) Encourage communications with parents that raise awareness about internet safety using existing avenues of communication, such as parent-teacher conferences.
(2) The policy may include such other terms, conditions and requirements as deemed appropriate, such as requiring written parental authorization for internet use by juveniles or differentiating acceptable uses among elementary, middle and high school students.
(b) The director of schools shall take such steps as appropriate to implement and enforce the school district's policy.
(c) (1) A provider of digital or online resources, with which an LEA or a state agency contracts for the provision of digital or online materials created and marketed for kindergarten through grade twelve (K-12) school use, shall: (A) Verify that the digital or online materials do not violate § 39-17-902 ; (B) Filter, block, or otherwise prevent access to pornography or obscenity through one's use of the digital or online materials; (C) Verify, in writing, that the provider's technology prevents a user from sending, receiving, viewing, or downloading materials that are harmful to minors, as defined in § 39-17-901 ; and (D) Remove, upon the contracting LEA's or state agency's request, access to digital or online materials for ages or audiences for which the contracting LEA or state agency has determined the material to be age- or audience-inappropriate. A provider must remove access to digital or online materials described in this subdivision (c)(1)(D) within one (1) business day of the provider's receipt of the contracting LEA's or state agency's request, unless the deadline for removal is extended by mutual consent of the contracting parties. (2) An LEA or a state agency that contracts for the provision of digital or online materials created and marketed for kindergarten through grade twelve (K-12) school use shall adopt and implement a policy that: (A) Allows a person to file a complaint with the respective LEA or state agency concerning an alleged violation of subdivision (c)(1); and (B) Requires the LEA or state agency to review a complaint as described in subdivision (c)(2)(A) to determine if action is necessary. (3) This subsection (c) does not apply to medical resources or archival collections.
(1) A provider of digital or online resources, with which an LEA or a state agency contracts for the provision of digital or online materials created and marketed for kindergarten through grade twelve (K-12) school use, shall: (A) Verify that the digital or online materials do not violate § 39-17-902 ; (B) Filter, block, or otherwise prevent access to pornography or obscenity through one's use of the digital or online materials; (C) Verify, in writing, that the provider's technology prevents a user from sending, receiving, viewing, or downloading materials that are harmful to minors, as defined in § 39-17-901 ; and (D) Remove, upon the contracting LEA's or state agency's request, access to digital or online materials for ages or audiences for which the contracting LEA or state agency has determined the material to be age- or audience-inappropriate. A provider must remove access to digital or online materials described in this subdivision (c)(1)(D) within one (1) business day of the provider's receipt of the contracting LEA's or state agency's request, unless the deadline for removal is extended by mutual consent of the contracting parties.
(A) Verify that the digital or online materials do not violate § 39-17-902 ;
(B) Filter, block, or otherwise prevent access to pornography or obscenity through one's use of the digital or online materials;
(C) Verify, in writing, that the provider's technology prevents a user from sending, receiving, viewing, or downloading materials that are harmful to minors, as defined in § 39-17-901 ; and
(D) Remove, upon the contracting LEA's or state agency's request, access to digital or online materials for ages or audiences for which the contracting LEA or state agency has determined the material to be age- or audience-inappropriate. A provider must remove access to digital or online materials described in this subdivision (c)(1)(D) within one (1) business day of the provider's receipt of the contracting LEA's or state agency's request, unless the deadline for removal is extended by mutual consent of the contracting parties.
(2) An LEA or a state agency that contracts for the provision of digital or online materials created and marketed for kindergarten through grade twelve (K-12) school use shall adopt and implement a policy that: (A) Allows a person to file a complaint with the respective LEA or state agency concerning an alleged violation of subdivision (c)(1); and (B) Requires the LEA or state agency to review a complaint as described in subdivision (c)(2)(A) to determine if action is necessary.
(A) Allows a person to file a complaint with the respective LEA or state agency concerning an alleged violation of subdivision (c)(1); and
(B) Requires the LEA or state agency to review a complaint as described in subdivision (c)(2)(A) to determine if action is necessary.
(3) This subsection (c) does not apply to medical resources or archival collections.
Amended by 2022 Tenn. Acts, ch. 1002, s 3, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 1002, s 2, eff. 7/1/2022.
Amended by 2018 Tenn. Acts, ch. 725, Secs.s 9, s 10 eff. 4/18/2018.
Amended by 2015 Tenn. Acts, ch. 182, s 10, eff. 4/17/2015.
Amended by 2013 Tenn. Acts, ch. 274, s 1, eff. 4/25/2013.
Acts 2008 , ch. 989, § 1.
Tenn. Code Ann. § 49-50-1502 — TN Code / Title 49 / Chapter 50 / Section 49-50-1502
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Custodian" means the educational record practitioner and the administrator or other chief officer of an educational institution in this state and its proprietor, as well as their deputies and assistants, and any other persons who are official custodians or depositories of records; (2) "Educational institution" means a public, private or parochial school providing education to students in the twelfth grade or below or a public or private postsecondary institution providing education to students at a level above the twelfth grade; (3) "Eligible student" means a student who has reached eighteen (18) years of age or is attending a postsecondary institution; (4) "Parent" means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian; and (5) "Student record" means an educational record that is directly related to a student and is maintained by an educational institution or by a party acting for the institution. Acts 2002, ch. 621, § 3; 2003, ch. 36, § 1.
As used in this part, unless the context otherwise requires:
(1) "Custodian" means the educational record practitioner and the administrator or other chief officer of an educational institution in this state and its proprietor, as well as their deputies and assistants, and any other persons who are official custodians or depositories of records;
(2) "Educational institution" means a public, private or parochial school providing education to students in the twelfth grade or below or a public or private postsecondary institution providing education to students at a level above the twelfth grade;
(3) "Eligible student" means a student who has reached eighteen (18) years of age or is attending a postsecondary institution;
(4) "Parent" means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian; and
(5) "Student record" means an educational record that is directly related to a student and is maintained by an educational institution or by a party acting for the institution.
Acts 2002, ch. 621, § 3; 2003, ch. 36, § 1.
Tenn. Code Ann. § 49-3-306 — TN Code / Title 49 / Chapter 3 / Section 49-3-306
State salary schedule - Computation - Pay supplement - Licensed personnel salaries
Status: in_force

(a) (1) The commissioner, as approved by the state board of education, shall annually formulate a table of training and experience factors and a state salary schedule to be effective for each school year, which shall be applicable to all licensed personnel in every LEA, and which shall include an established base salary per school year consisting of a term of two hundred (200) days for beginning licensed personnel with a bachelor's degree and zero (0) years of experience. Licensed personnel having more training and experience shall receive more than the established base per school year. Certified personnel having less training and experience shall receive less than the established base per school year. The salary schedule shall not be applicable to substitute personnel. In the alternative, an LEA may submit to the commissioner its own proposed salary schedule, subject to collective bargaining where applicable. Implementation of such a salary schedule shall be subject to approval by the commissioner and the state board. In no case shall a salary schedule adopted pursuant to this subdivision (a)(1) result in the reduction of the salary of a teacher employed by the LEA at the time of the adoption of the salary schedule. Any additional expenditure incurred as a result of any such salary schedule shall be subject to appropriation by the governing body empowered to appropriate the funds. (2) An LEA may adopt a salary schedule that is identical in either structure or designated salary levels or both to the salary schedule the LEA had in place during the 2012-2013 school year, with such schedule containing steps for each year of service up to and including twenty (20) years and for the attainment of advanced degrees at the level of masters, masters plus forty-five (45) hours of graduate credit, specialist in education and doctor of education or doctor of philosophy. In no case shall a salary schedule adopted pursuant to this subdivision (a)(1)(B) result in the reduction of the salary of a teacher employed by the LEA at the time of the adoption of the salary schedule. (3) The state salary schedule for teachers formulated by the commissioner pursuant to subdivision (a)(1) must establish a base salary that is no less than: (A) Forty-two thousand dollars ($42,000) for the 2023-2024 school year; (B) Forty-four thousand five hundred dollars ($44,500) for the 2024-2025 school year; (C) Forty-seven thousand dollars ($47,000) for the 2025-2026 school year; and (D) Fifty thousand dollars ($50,000) for the 2026-2027 school year. (b) (1) Salaries shall be payable in at least ten (10) monthly installments during any school year. (2) [Deleted by 2022 amendment.] (3) The salary for part-time personnel shall be proportionately less than that provided for full-time personnel. (4) This section does not prohibit an LEA from supplementing salaries and wages with local funds when such supplementary funds are in addition to the LEA's local contribution. (5) An LEA shall not decrease the level of local funding budgeted for salaries and wages from the prior year, except in the case of decreased enrollment. An LEA shall not use increases in state funding to offset local expenditures for salaries and wages. (c) A board may, with the approval of the commissioner, make such readjustment in the salary of licensed personnel as may be necessary to place the salary in fair relation to the salaries of other licensed personnel in the same LEA with comparable tenure, responsibility, training and experience; except that the affected licensed personnel shall be entitled to a hearing before the board. In computing the salaries required to be maintained by this subsection (c), only the part of the salaries paid under the authority of any LEA need be maintained. No LEA shall be required to supply any decrease in funds formerly available to supplement salaries from other than local sources. (d) Notwithstanding any other law to the contrary, any board may increase the salaries of its employees at any time during the school year, upon the basis of a new or amended contract, if in so doing it does not exceed its budget as adopted or amended. (e) Each LEA shall establish a local salary schedule for all licensed personnel in the LEA, and the schedule shall include, as a minimum, the same salary level or levels based upon college preparation as established by the state board in the state salary schedule. For fiscal year 2004-2005, the schedule shall include, as a minimum, the schedule recommended by the commissioner for salary equalization purposes under subdivision (a)(2). (f) The LEA's training and experience factor shall be calculated by the SEA as follows: by using the table of training and experience factors adopted by the state board, the SEA will classify all licensed personnel employed by the LEA on December 1, or the first full teaching day thereafter, according to training and experience as provided in the rules and regulations and compute the average training and experience factor for such personnel. (g) (1) Establishment of programs and cost differentials shall be as follows: (A) Regular academic: Kindergarten (K) through grade three (3) ....................1.20 Grades four (4) through six (6) .................... 1.00 Grades seven (7) and eight (8) .................... 1.10 Grade nine (9) .................... 1.20 Grades ten (10) through twelve (12) .................... 1.30 (B) Career and technical education: Agriculture .................... 2.62 Consumer and homemaking, health occupations .................... 2.10 Trade and industrial .................... 2.48 Related trade and industrial .................... 1.84 Office and distributive education .................... 2.04 (C) Special education: Identified and served handicapped .................... 1.07 (2) Identified and served students with a disability shall be included in the program attendance surveys in the appropriate regular academic and career and technical education programs as provided in the rules and regulations. The special education cost differential is supplemental to the regular academic and career and technical education programs and is based on the preceding year's identified and served students with a disability. (3) This table of programs and cost differentials shall apply to educational programs as of the opening of schools for the 1977-1978 school year. At its quarterly meeting in February 1978, and annually thereafter, the state board, as approved by the commissioner, shall establish both the education programs and the cost differentials of the programs applicable to the following school year, which may vary from the table in this subsection (g). (h) Notwithstanding any other provision of this section to the contrary, an LEA shall develop, adopt and implement a differentiated pay plan under guidelines and rules established by the state board of education to aid in staffing hard to staff subject areas and schools and in hiring and retaining highly qualified teachers. The plan shall be reviewed and evaluated annually to consider any change in circumstances regarding the hiring and retention of highly qualified teachers in the LEA's schools and subjects taught or any necessary revision or restructuring of the plan. No plan or revised plan shall be implemented prior to approval of the plan by the department of education. Each LEA shall implement a differentiated pay plan prior to the beginning of the 2008-2009 school year. Amended by 2023 Tenn. Acts, ch. 437, s 1, eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 966, Secs.s 9, s 10, s 11 eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 966, s 8, eff. 7/1/2023. Amended by 2021 Tenn. Acts, ch. 504, s 1, eff. 7/1/2021. Amended by 2019 Tenn. Acts, ch. 153, s 1, eff. 4/18/2019. Amended by 2016 Tenn. Acts, ch. 1020, Secs.s 2, s 3 eff. 4/28/2016. Amended by 2015 Tenn. Acts, ch. 55, s 4, eff. 4/6/2015. Amended by 2014 Tenn. Acts, ch. 742, s 1, eff. 4/22/2014. Acts 1977, ch. 289, § 5; 1978, ch. 705, § 1; 1978, ch. 809, § 1; T.C.A., § 49-605; Acts 1984 (1st Ex. Sess.), ch. 6, § 12; 1984 (1st Ex. Sess.), ch. 7, § 81; 1984, ch. 829, § 33; 1985, ch. 96, § 1; 1985, ch. 464, § 2; 1985, ch. 465, § 2; 1986, ch. 629, § 1; 1986, ch. 777, § 1; 1986, ch. 803, § 1; 1987, ch. 284, § 1; 1988, ch. 761, §§ 1, 2; 1989, ch. 105, § 1; 1989, ch. 199, § 4; 1992, ch. 535, § 84; 2001, ch. 284, § 2; 2001, ch. 306, § 1; 2003 , ch. 355, § 59; 2004, ch. 670, §§ 6 - 8; 2007 , ch. 376, § 6; 2010 (1st Ex. Sess.), ch. 2, § 12; 2011 , ch. 47, § 33; 2011 , ch. 378, § 10.
(a) (1) The commissioner, as approved by the state board of education, shall annually formulate a table of training and experience factors and a state salary schedule to be effective for each school year, which shall be applicable to all licensed personnel in every LEA, and which shall include an established base salary per school year consisting of a term of two hundred (200) days for beginning licensed personnel with a bachelor's degree and zero (0) years of experience. Licensed personnel having more training and experience shall receive more than the established base per school year. Certified personnel having less training and experience shall receive less than the established base per school year. The salary schedule shall not be applicable to substitute personnel. In the alternative, an LEA may submit to the commissioner its own proposed salary schedule, subject to collective bargaining where applicable. Implementation of such a salary schedule shall be subject to approval by the commissioner and the state board. In no case shall a salary schedule adopted pursuant to this subdivision (a)(1) result in the reduction of the salary of a teacher employed by the LEA at the time of the adoption of the salary schedule. Any additional expenditure incurred as a result of any such salary schedule shall be subject to appropriation by the governing body empowered to appropriate the funds. (2) An LEA may adopt a salary schedule that is identical in either structure or designated salary levels or both to the salary schedule the LEA had in place during the 2012-2013 school year, with such schedule containing steps for each year of service up to and including twenty (20) years and for the attainment of advanced degrees at the level of masters, masters plus forty-five (45) hours of graduate credit, specialist in education and doctor of education or doctor of philosophy. In no case shall a salary schedule adopted pursuant to this subdivision (a)(1)(B) result in the reduction of the salary of a teacher employed by the LEA at the time of the adoption of the salary schedule. (3) The state salary schedule for teachers formulated by the commissioner pursuant to subdivision (a)(1) must establish a base salary that is no less than: (A) Forty-two thousand dollars ($42,000) for the 2023-2024 school year; (B) Forty-four thousand five hundred dollars ($44,500) for the 2024-2025 school year; (C) Forty-seven thousand dollars ($47,000) for the 2025-2026 school year; and (D) Fifty thousand dollars ($50,000) for the 2026-2027 school year.
(1) The commissioner, as approved by the state board of education, shall annually formulate a table of training and experience factors and a state salary schedule to be effective for each school year, which shall be applicable to all licensed personnel in every LEA, and which shall include an established base salary per school year consisting of a term of two hundred (200) days for beginning licensed personnel with a bachelor's degree and zero (0) years of experience. Licensed personnel having more training and experience shall receive more than the established base per school year. Certified personnel having less training and experience shall receive less than the established base per school year. The salary schedule shall not be applicable to substitute personnel. In the alternative, an LEA may submit to the commissioner its own proposed salary schedule, subject to collective bargaining where applicable. Implementation of such a salary schedule shall be subject to approval by the commissioner and the state board. In no case shall a salary schedule adopted pursuant to this subdivision (a)(1) result in the reduction of the salary of a teacher employed by the LEA at the time of the adoption of the salary schedule. Any additional expenditure incurred as a result of any such salary schedule shall be subject to appropriation by the governing body empowered to appropriate the funds.
(2) An LEA may adopt a salary schedule that is identical in either structure or designated salary levels or both to the salary schedule the LEA had in place during the 2012-2013 school year, with such schedule containing steps for each year of service up to and including twenty (20) years and for the attainment of advanced degrees at the level of masters, masters plus forty-five (45) hours of graduate credit, specialist in education and doctor of education or doctor of philosophy. In no case shall a salary schedule adopted pursuant to this subdivision (a)(1)(B) result in the reduction of the salary of a teacher employed by the LEA at the time of the adoption of the salary schedule.
(3) The state salary schedule for teachers formulated by the commissioner pursuant to subdivision (a)(1) must establish a base salary that is no less than: (A) Forty-two thousand dollars ($42,000) for the 2023-2024 school year; (B) Forty-four thousand five hundred dollars ($44,500) for the 2024-2025 school year; (C) Forty-seven thousand dollars ($47,000) for the 2025-2026 school year; and (D) Fifty thousand dollars ($50,000) for the 2026-2027 school year.
(A) Forty-two thousand dollars ($42,000) for the 2023-2024 school year;
(B) Forty-four thousand five hundred dollars ($44,500) for the 2024-2025 school year;
(C) Forty-seven thousand dollars ($47,000) for the 2025-2026 school year; and
(D) Fifty thousand dollars ($50,000) for the 2026-2027 school year.
(b) (1) Salaries shall be payable in at least ten (10) monthly installments during any school year. (2) [Deleted by 2022 amendment.] (3) The salary for part-time personnel shall be proportionately less than that provided for full-time personnel. (4) This section does not prohibit an LEA from supplementing salaries and wages with local funds when such supplementary funds are in addition to the LEA's local contribution. (5) An LEA shall not decrease the level of local funding budgeted for salaries and wages from the prior year, except in the case of decreased enrollment. An LEA shall not use increases in state funding to offset local expenditures for salaries and wages.
(1) Salaries shall be payable in at least ten (10) monthly installments during any school year.
(2) [Deleted by 2022 amendment.]
(3) The salary for part-time personnel shall be proportionately less than that provided for full-time personnel.
(4) This section does not prohibit an LEA from supplementing salaries and wages with local funds when such supplementary funds are in addition to the LEA's local contribution.
(5) An LEA shall not decrease the level of local funding budgeted for salaries and wages from the prior year, except in the case of decreased enrollment. An LEA shall not use increases in state funding to offset local expenditures for salaries and wages.
(c) A board may, with the approval of the commissioner, make such readjustment in the salary of licensed personnel as may be necessary to place the salary in fair relation to the salaries of other licensed personnel in the same LEA with comparable tenure, responsibility, training and experience; except that the affected licensed personnel shall be entitled to a hearing before the board. In computing the salaries required to be maintained by this subsection (c), only the part of the salaries paid under the authority of any LEA need be maintained. No LEA shall be required to supply any decrease in funds formerly available to supplement salaries from other than local sources.
(d) Notwithstanding any other law to the contrary, any board may increase the salaries of its employees at any time during the school year, upon the basis of a new or amended contract, if in so doing it does not exceed its budget as adopted or amended.
(e) Each LEA shall establish a local salary schedule for all licensed personnel in the LEA, and the schedule shall include, as a minimum, the same salary level or levels based upon college preparation as established by the state board in the state salary schedule. For fiscal year 2004-2005, the schedule shall include, as a minimum, the schedule recommended by the commissioner for salary equalization purposes under subdivision (a)(2).
(f) The LEA's training and experience factor shall be calculated by the SEA as follows: by using the table of training and experience factors adopted by the state board, the SEA will classify all licensed personnel employed by the LEA on December 1, or the first full teaching day thereafter, according to training and experience as provided in the rules and regulations and compute the average training and experience factor for such personnel.
(g) (1) Establishment of programs and cost differentials shall be as follows: (A) Regular academic: Kindergarten (K) through grade three (3) ....................1.20 Grades four (4) through six (6) .................... 1.00 Grades seven (7) and eight (8) .................... 1.10 Grade nine (9) .................... 1.20 Grades ten (10) through twelve (12) .................... 1.30 (B) Career and technical education: Agriculture .................... 2.62 Consumer and homemaking, health occupations .................... 2.10 Trade and industrial .................... 2.48 Related trade and industrial .................... 1.84 Office and distributive education .................... 2.04 (C) Special education: Identified and served handicapped .................... 1.07 (2) Identified and served students with a disability shall be included in the program attendance surveys in the appropriate regular academic and career and technical education programs as provided in the rules and regulations. The special education cost differential is supplemental to the regular academic and career and technical education programs and is based on the preceding year's identified and served students with a disability. (3) This table of programs and cost differentials shall apply to educational programs as of the opening of schools for the 1977-1978 school year. At its quarterly meeting in February 1978, and annually thereafter, the state board, as approved by the commissioner, shall establish both the education programs and the cost differentials of the programs applicable to the following school year, which may vary from the table in this subsection (g).
(1) Establishment of programs and cost differentials shall be as follows: (A) Regular academic: Kindergarten (K) through grade three (3) ....................1.20 Grades four (4) through six (6) .................... 1.00 Grades seven (7) and eight (8) .................... 1.10 Grade nine (9) .................... 1.20 Grades ten (10) through twelve (12) .................... 1.30 (B) Career and technical education: Agriculture .................... 2.62 Consumer and homemaking, health occupations .................... 2.10 Trade and industrial .................... 2.48 Related trade and industrial .................... 1.84 Office and distributive education .................... 2.04 (C) Special education: Identified and served handicapped .................... 1.07
(A) Regular academic: Kindergarten (K) through grade three (3) ....................1.20 Grades four (4) through six (6) .................... 1.00 Grades seven (7) and eight (8) .................... 1.10 Grade nine (9) .................... 1.20 Grades ten (10) through twelve (12) .................... 1.30
Kindergarten (K) through grade three (3) ....................1.20
Grades four (4) through six (6) .................... 1.00
Grades seven (7) and eight (8) .................... 1.10
Grade nine (9) .................... 1.20
Grades ten (10) through twelve (12) .................... 1.30
(B) Career and technical education: Agriculture .................... 2.62 Consumer and homemaking, health occupations .................... 2.10 Trade and industrial .................... 2.48 Related trade and industrial .................... 1.84 Office and distributive education .................... 2.04
Agriculture .................... 2.62
Consumer and homemaking, health occupations .................... 2.10
Trade and industrial .................... 2.48
Related trade and industrial .................... 1.84
Office and distributive education .................... 2.04
(C) Special education: Identified and served handicapped .................... 1.07
Identified and served handicapped .................... 1.07
(2) Identified and served students with a disability shall be included in the program attendance surveys in the appropriate regular academic and career and technical education programs as provided in the rules and regulations. The special education cost differential is supplemental to the regular academic and career and technical education programs and is based on the preceding year's identified and served students with a disability.
(3) This table of programs and cost differentials shall apply to educational programs as of the opening of schools for the 1977-1978 school year. At its quarterly meeting in February 1978, and annually thereafter, the state board, as approved by the commissioner, shall establish both the education programs and the cost differentials of the programs applicable to the following school year, which may vary from the table in this subsection (g).
(h) Notwithstanding any other provision of this section to the contrary, an LEA shall develop, adopt and implement a differentiated pay plan under guidelines and rules established by the state board of education to aid in staffing hard to staff subject areas and schools and in hiring and retaining highly qualified teachers. The plan shall be reviewed and evaluated annually to consider any change in circumstances regarding the hiring and retention of highly qualified teachers in the LEA's schools and subjects taught or any necessary revision or restructuring of the plan. No plan or revised plan shall be implemented prior to approval of the plan by the department of education. Each LEA shall implement a differentiated pay plan prior to the beginning of the 2008-2009 school year.
Amended by 2023 Tenn. Acts, ch. 437, s 1, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 966, Secs.s 9, s 10, s 11 eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 966, s 8, eff. 7/1/2023.
Amended by 2021 Tenn. Acts, ch. 504, s 1, eff. 7/1/2021.
Amended by 2019 Tenn. Acts, ch. 153, s 1, eff. 4/18/2019.
Amended by 2016 Tenn. Acts, ch. 1020, Secs.s 2, s 3 eff. 4/28/2016.
Amended by 2015 Tenn. Acts, ch. 55, s 4, eff. 4/6/2015.
Amended by 2014 Tenn. Acts, ch. 742, s 1, eff. 4/22/2014.
Acts 1977, ch. 289, § 5; 1978, ch. 705, § 1; 1978, ch. 809, § 1; T.C.A., § 49-605; Acts 1984 (1st Ex. Sess.), ch. 6, § 12; 1984 (1st Ex. Sess.), ch. 7, § 81; 1984, ch. 829, § 33; 1985, ch. 96, § 1; 1985, ch. 464, § 2; 1985, ch. 465, § 2; 1986, ch. 629, § 1; 1986, ch. 777, § 1; 1986, ch. 803, § 1; 1987, ch. 284, § 1; 1988, ch. 761, §§ 1, 2; 1989, ch. 105, § 1; 1989, ch. 199, § 4; 1992, ch. 535, § 84; 2001, ch. 284, § 2; 2001, ch. 306, § 1; 2003 , ch. 355, § 59; 2004, ch. 670, §§ 6 - 8; 2007 , ch. 376, § 6; 2010 (1st Ex. Sess.), ch. 2, § 12; 2011 , ch. 47, § 33; 2011 , ch. 378, § 10.
Tenn. Code Ann. § 49-17-103 — TN Code / Title 49 / Chapter 17 / Section 49-17-103
Creation of energy efficient schools council
Status: in_force

(a) (1) There is created the energy efficient schools council. The council shall consist of twelve (12) members, including the commissioner of education, the commissioner of environment and conservation and the commissioner of economic and community development, or their designees, who shall serve as ex-officio members. The remaining members shall be appointed as follows: (A) The governor shall appoint three (3) members as follows: (i) One (1) member representing local governments, who shall serve an initial term of two (2) years; (ii) One (1) member representing school systems, who shall serve an initial term of three (3) years; and (iii) One (1) member representing the interests of the industries that provide natural gas and oil heating to school buildings; (B) The speaker of the senate shall appoint three (3) members as follows: (i) One (1) member who may be appointed from lists of qualified persons submitted by interested contractor groups, including, but not limited to, the board for licensing contractors, as provided for in title 62, chapter 6, who shall serve an initial term of two (2) years; (ii) One (1) member representing local school systems in this state, who shall serve an initial term of three (3) years; and (iii) One (1) member representing the Oak Ridge National Laboratory, who shall be an ex-officio, nonvoting member; and (C) The speaker of the house of representatives shall appoint three (3) members as follows: (i) One (1) member who may be appointed from lists of qualified persons submitted by interested architectural and engineering groups, including, but not limited to, the board of examiners for architects and engineers, as provided for in title 62, chapter 2; (ii) One (1) member representing local governments in this state, who shall serve an initial term of three (3) years; and (iii) One (1) member representing the Tennessee Valley authority, who shall be an ex-officio, nonvoting member. (2) In making the appointments as provided in subdivisions (a)(1)(B)(i) and (C)(i), the appointing authorities shall consult with the interested contractor, architectural and engineering groups, including, but not limited to, the specific industries represented on the council to determine qualified persons to fill the positions. (3) In making the appointments as provided in subdivision (a)(1), it is the legislative intent that the appointing authorities coordinate so that the membership of the council reflects the racial and social demographic makeup of this state. (b) Each member shall serve a four-year term, unless otherwise provided in this chapter, and may be appointed for successive terms. (c) The members of the council shall receive no compensation for their services; provided, that each member of the commission shall be eligible for reimbursement of expenses and mileage in accordance with the regulations promulgated by the commissioner of finance and administration and approved by the attorney general and reporter. (d) The council shall elect one (1) member to serve as president. The president will serve for a term of one (1) year. The council shall also elect a vice president and secretary, as well as any other officers as it deems necessary to perform the business of the entity. (e) The purposes of the council are to: (1) Approve the design and technology guidelines as established by the technical advisory committee as provided in subsection (j); (2) Award grants or loans to school systems, charter schools, and the achievement school district for qualifying capital outlay projects, including projects where a provider has warranted predetermined energy use objectives under the criteria established by the technical advisory committee and approved by the council; (3) Cause to be conducted verification of energy efficiencies achieved using the methodologies established by the technical advisory committee as provided in subsection (j); (4) To the extent feasible, establish and support ongoing energy management programs; and (5) Establish compensation policies for members of the technical advisory committee, unless otherwise prohibited in this chapter. (f) The council shall have the authority to appoint a full-time executive director, who shall serve at the pleasure of the council. Other staff shall be employed on recommendation of the executive director with the approval of the council. Any employees under this section shall not have preferred service status, but council employees shall be subject to personnel policies applicable to state employees generally, such as leave, compensation, classification and travel requests. (g) The council has the authority to raise funds, including, but not limited to, corporate funding and federal funding, to promote its activities and support ongoing programs; provided, that the council does not have the authority to borrow money without the express, prior approval of the state funding board. (h) (1) Except as prohibited by law, the council shall have all other power and authority necessary and convenient to effect the purposes of this chapter. (2) All members of the council shall be subject to the conflict of interest provisions set forth in §§ 12-4-101 and 12-4-102 . (i) For administrative purposes, the energy efficient schools council shall be attached to the department of education for all administrative matters relating to receipts, disbursements, expense accounts, budget, audit and other related items. The autonomy of the council and its authority are not affected by this subsection (i), and neither the commissioner nor any other departmental official or employee shall have or exercise any administrative or supervisory control over the council. (j) (1) The council shall establish a technical advisory committee. (2) The purpose of the technical advisory committee is as follows: (A) Establish energy efficient design and technology guidelines for all kindergarten through grade twelve (K-12) school facilities, including, but not limited to, lighting and HVAC guidelines, as well as establishing criteria whereby projects that have been warranted for a predetermined energy use shall be eligible; (B) Establish methodology guidelines for post-audit verification of energy efficiencies achieved, if any, by qualifying capital outlay projects awarded by the council; (C) Establish guidelines for commissioning verification controls to monitor on an ongoing basis the efficiency and effectiveness of qualifying capital outlay projects awarded by the council, including recommendations for utilization of energy managers where feasible; and (D) Any additional duties required by the council in furtherance of the council's goals. (3) The technical advisory committee shall be composed of seven (7) members as follows: (A) The council members representing the interests of the Oak Ridge National Laboratory and the Tennessee Valley authority shall serve as ex-officio members and shall serve as co-chairs; and (B) The council shall appoint the remaining five (5) members as follows: (i) One (1) member shall have obtained a professional engineer certification, preferably with a background in mechanical engineering, but may be either active or retired; (ii) Two (2) members shall have a background in sustainable building design, including, but not limited to, persons with LEED AP certification or background in Green Globes design and management; (iii) One (1) member representing the Tennessee Valley Public Power Association; and (iv) One (1) member shall have obtained a professional engineering certification and be experienced in performance-based energy accountable construction processes. (4) The members appointed under subdivision (j)(3)(B) shall serve at the pleasure of the council, except for the ex-officio members who shall be appointed as provided in this chapter, and shall be provided access to staff resources serving the council. (5) Non-ex-officio members shall be entitled to receive compensation determined by the council as provided in this chapter. Amended by 2018 Tenn. Acts, ch. 835, s 1, eff. 4/27/2018. Acts 2008 , ch. 1188, § 4; 2012 , ch. 744, §§ 2, 3; 2012 , ch. 800, § 49.
(a) (1) There is created the energy efficient schools council. The council shall consist of twelve (12) members, including the commissioner of education, the commissioner of environment and conservation and the commissioner of economic and community development, or their designees, who shall serve as ex-officio members. The remaining members shall be appointed as follows: (A) The governor shall appoint three (3) members as follows: (i) One (1) member representing local governments, who shall serve an initial term of two (2) years; (ii) One (1) member representing school systems, who shall serve an initial term of three (3) years; and (iii) One (1) member representing the interests of the industries that provide natural gas and oil heating to school buildings; (B) The speaker of the senate shall appoint three (3) members as follows: (i) One (1) member who may be appointed from lists of qualified persons submitted by interested contractor groups, including, but not limited to, the board for licensing contractors, as provided for in title 62, chapter 6, who shall serve an initial term of two (2) years; (ii) One (1) member representing local school systems in this state, who shall serve an initial term of three (3) years; and (iii) One (1) member representing the Oak Ridge National Laboratory, who shall be an ex-officio, nonvoting member; and (C) The speaker of the house of representatives shall appoint three (3) members as follows: (i) One (1) member who may be appointed from lists of qualified persons submitted by interested architectural and engineering groups, including, but not limited to, the board of examiners for architects and engineers, as provided for in title 62, chapter 2; (ii) One (1) member representing local governments in this state, who shall serve an initial term of three (3) years; and (iii) One (1) member representing the Tennessee Valley authority, who shall be an ex-officio, nonvoting member. (2) In making the appointments as provided in subdivisions (a)(1)(B)(i) and (C)(i), the appointing authorities shall consult with the interested contractor, architectural and engineering groups, including, but not limited to, the specific industries represented on the council to determine qualified persons to fill the positions. (3) In making the appointments as provided in subdivision (a)(1), it is the legislative intent that the appointing authorities coordinate so that the membership of the council reflects the racial and social demographic makeup of this state.
(1) There is created the energy efficient schools council. The council shall consist of twelve (12) members, including the commissioner of education, the commissioner of environment and conservation and the commissioner of economic and community development, or their designees, who shall serve as ex-officio members. The remaining members shall be appointed as follows: (A) The governor shall appoint three (3) members as follows: (i) One (1) member representing local governments, who shall serve an initial term of two (2) years; (ii) One (1) member representing school systems, who shall serve an initial term of three (3) years; and (iii) One (1) member representing the interests of the industries that provide natural gas and oil heating to school buildings; (B) The speaker of the senate shall appoint three (3) members as follows: (i) One (1) member who may be appointed from lists of qualified persons submitted by interested contractor groups, including, but not limited to, the board for licensing contractors, as provided for in title 62, chapter 6, who shall serve an initial term of two (2) years; (ii) One (1) member representing local school systems in this state, who shall serve an initial term of three (3) years; and (iii) One (1) member representing the Oak Ridge National Laboratory, who shall be an ex-officio, nonvoting member; and (C) The speaker of the house of representatives shall appoint three (3) members as follows: (i) One (1) member who may be appointed from lists of qualified persons submitted by interested architectural and engineering groups, including, but not limited to, the board of examiners for architects and engineers, as provided for in title 62, chapter 2; (ii) One (1) member representing local governments in this state, who shall serve an initial term of three (3) years; and (iii) One (1) member representing the Tennessee Valley authority, who shall be an ex-officio, nonvoting member.
(A) The governor shall appoint three (3) members as follows: (i) One (1) member representing local governments, who shall serve an initial term of two (2) years; (ii) One (1) member representing school systems, who shall serve an initial term of three (3) years; and (iii) One (1) member representing the interests of the industries that provide natural gas and oil heating to school buildings;
(i) One (1) member representing local governments, who shall serve an initial term of two (2) years;
(ii) One (1) member representing school systems, who shall serve an initial term of three (3) years; and
(iii) One (1) member representing the interests of the industries that provide natural gas and oil heating to school buildings;
(B) The speaker of the senate shall appoint three (3) members as follows: (i) One (1) member who may be appointed from lists of qualified persons submitted by interested contractor groups, including, but not limited to, the board for licensing contractors, as provided for in title 62, chapter 6, who shall serve an initial term of two (2) years; (ii) One (1) member representing local school systems in this state, who shall serve an initial term of three (3) years; and (iii) One (1) member representing the Oak Ridge National Laboratory, who shall be an ex-officio, nonvoting member; and
(i) One (1) member who may be appointed from lists of qualified persons submitted by interested contractor groups, including, but not limited to, the board for licensing contractors, as provided for in title 62, chapter 6, who shall serve an initial term of two (2) years;
(ii) One (1) member representing local school systems in this state, who shall serve an initial term of three (3) years; and
(iii) One (1) member representing the Oak Ridge National Laboratory, who shall be an ex-officio, nonvoting member; and
(C) The speaker of the house of representatives shall appoint three (3) members as follows: (i) One (1) member who may be appointed from lists of qualified persons submitted by interested architectural and engineering groups, including, but not limited to, the board of examiners for architects and engineers, as provided for in title 62, chapter 2; (ii) One (1) member representing local governments in this state, who shall serve an initial term of three (3) years; and (iii) One (1) member representing the Tennessee Valley authority, who shall be an ex-officio, nonvoting member.
(i) One (1) member who may be appointed from lists of qualified persons submitted by interested architectural and engineering groups, including, but not limited to, the board of examiners for architects and engineers, as provided for in title 62, chapter 2;
(ii) One (1) member representing local governments in this state, who shall serve an initial term of three (3) years; and
(iii) One (1) member representing the Tennessee Valley authority, who shall be an ex-officio, nonvoting member.
(2) In making the appointments as provided in subdivisions (a)(1)(B)(i) and (C)(i), the appointing authorities shall consult with the interested contractor, architectural and engineering groups, including, but not limited to, the specific industries represented on the council to determine qualified persons to fill the positions.
(3) In making the appointments as provided in subdivision (a)(1), it is the legislative intent that the appointing authorities coordinate so that the membership of the council reflects the racial and social demographic makeup of this state.
(b) Each member shall serve a four-year term, unless otherwise provided in this chapter, and may be appointed for successive terms.
(c) The members of the council shall receive no compensation for their services; provided, that each member of the commission shall be eligible for reimbursement of expenses and mileage in accordance with the regulations promulgated by the commissioner of finance and administration and approved by the attorney general and reporter.
(d) The council shall elect one (1) member to serve as president. The president will serve for a term of one (1) year. The council shall also elect a vice president and secretary, as well as any other officers as it deems necessary to perform the business of the entity.
(e) The purposes of the council are to: (1) Approve the design and technology guidelines as established by the technical advisory committee as provided in subsection (j); (2) Award grants or loans to school systems, charter schools, and the achievement school district for qualifying capital outlay projects, including projects where a provider has warranted predetermined energy use objectives under the criteria established by the technical advisory committee and approved by the council; (3) Cause to be conducted verification of energy efficiencies achieved using the methodologies established by the technical advisory committee as provided in subsection (j); (4) To the extent feasible, establish and support ongoing energy management programs; and (5) Establish compensation policies for members of the technical advisory committee, unless otherwise prohibited in this chapter.
(1) Approve the design and technology guidelines as established by the technical advisory committee as provided in subsection (j);
(2) Award grants or loans to school systems, charter schools, and the achievement school district for qualifying capital outlay projects, including projects where a provider has warranted predetermined energy use objectives under the criteria established by the technical advisory committee and approved by the council;
(3) Cause to be conducted verification of energy efficiencies achieved using the methodologies established by the technical advisory committee as provided in subsection (j);
(4) To the extent feasible, establish and support ongoing energy management programs; and
(5) Establish compensation policies for members of the technical advisory committee, unless otherwise prohibited in this chapter.
(f) The council shall have the authority to appoint a full-time executive director, who shall serve at the pleasure of the council. Other staff shall be employed on recommendation of the executive director with the approval of the council. Any employees under this section shall not have preferred service status, but council employees shall be subject to personnel policies applicable to state employees generally, such as leave, compensation, classification and travel requests.
(g) The council has the authority to raise funds, including, but not limited to, corporate funding and federal funding, to promote its activities and support ongoing programs; provided, that the council does not have the authority to borrow money without the express, prior approval of the state funding board.
(h) (1) Except as prohibited by law, the council shall have all other power and authority necessary and convenient to effect the purposes of this chapter. (2) All members of the council shall be subject to the conflict of interest provisions set forth in §§ 12-4-101 and 12-4-102 .
(1) Except as prohibited by law, the council shall have all other power and authority necessary and convenient to effect the purposes of this chapter.
(2) All members of the council shall be subject to the conflict of interest provisions set forth in §§ 12-4-101 and 12-4-102 .
(i) For administrative purposes, the energy efficient schools council shall be attached to the department of education for all administrative matters relating to receipts, disbursements, expense accounts, budget, audit and other related items. The autonomy of the council and its authority are not affected by this subsection (i), and neither the commissioner nor any other departmental official or employee shall have or exercise any administrative or supervisory control over the council.
(j) (1) The council shall establish a technical advisory committee. (2) The purpose of the technical advisory committee is as follows: (A) Establish energy efficient design and technology guidelines for all kindergarten through grade twelve (K-12) school facilities, including, but not limited to, lighting and HVAC guidelines, as well as establishing criteria whereby projects that have been warranted for a predetermined energy use shall be eligible; (B) Establish methodology guidelines for post-audit verification of energy efficiencies achieved, if any, by qualifying capital outlay projects awarded by the council; (C) Establish guidelines for commissioning verification controls to monitor on an ongoing basis the efficiency and effectiveness of qualifying capital outlay projects awarded by the council, including recommendations for utilization of energy managers where feasible; and (D) Any additional duties required by the council in furtherance of the council's goals. (3) The technical advisory committee shall be composed of seven (7) members as follows: (A) The council members representing the interests of the Oak Ridge National Laboratory and the Tennessee Valley authority shall serve as ex-officio members and shall serve as co-chairs; and (B) The council shall appoint the remaining five (5) members as follows: (i) One (1) member shall have obtained a professional engineer certification, preferably with a background in mechanical engineering, but may be either active or retired; (ii) Two (2) members shall have a background in sustainable building design, including, but not limited to, persons with LEED AP certification or background in Green Globes design and management; (iii) One (1) member representing the Tennessee Valley Public Power Association; and (iv) One (1) member shall have obtained a professional engineering certification and be experienced in performance-based energy accountable construction processes. (4) The members appointed under subdivision (j)(3)(B) shall serve at the pleasure of the council, except for the ex-officio members who shall be appointed as provided in this chapter, and shall be provided access to staff resources serving the council. (5) Non-ex-officio members shall be entitled to receive compensation determined by the council as provided in this chapter.
(1) The council shall establish a technical advisory committee.
(2) The purpose of the technical advisory committee is as follows: (A) Establish energy efficient design and technology guidelines for all kindergarten through grade twelve (K-12) school facilities, including, but not limited to, lighting and HVAC guidelines, as well as establishing criteria whereby projects that have been warranted for a predetermined energy use shall be eligible; (B) Establish methodology guidelines for post-audit verification of energy efficiencies achieved, if any, by qualifying capital outlay projects awarded by the council; (C) Establish guidelines for commissioning verification controls to monitor on an ongoing basis the efficiency and effectiveness of qualifying capital outlay projects awarded by the council, including recommendations for utilization of energy managers where feasible; and (D) Any additional duties required by the council in furtherance of the council's goals.
(A) Establish energy efficient design and technology guidelines for all kindergarten through grade twelve (K-12) school facilities, including, but not limited to, lighting and HVAC guidelines, as well as establishing criteria whereby projects that have been warranted for a predetermined energy use shall be eligible;
(B) Establish methodology guidelines for post-audit verification of energy efficiencies achieved, if any, by qualifying capital outlay projects awarded by the council;
(C) Establish guidelines for commissioning verification controls to monitor on an ongoing basis the efficiency and effectiveness of qualifying capital outlay projects awarded by the council, including recommendations for utilization of energy managers where feasible; and
(D) Any additional duties required by the council in furtherance of the council's goals.
(3) The technical advisory committee shall be composed of seven (7) members as follows: (A) The council members representing the interests of the Oak Ridge National Laboratory and the Tennessee Valley authority shall serve as ex-officio members and shall serve as co-chairs; and (B) The council shall appoint the remaining five (5) members as follows: (i) One (1) member shall have obtained a professional engineer certification, preferably with a background in mechanical engineering, but may be either active or retired; (ii) Two (2) members shall have a background in sustainable building design, including, but not limited to, persons with LEED AP certification or background in Green Globes design and management; (iii) One (1) member representing the Tennessee Valley Public Power Association; and (iv) One (1) member shall have obtained a professional engineering certification and be experienced in performance-based energy accountable construction processes.
(A) The council members representing the interests of the Oak Ridge National Laboratory and the Tennessee Valley authority shall serve as ex-officio members and shall serve as co-chairs; and
(B) The council shall appoint the remaining five (5) members as follows: (i) One (1) member shall have obtained a professional engineer certification, preferably with a background in mechanical engineering, but may be either active or retired; (ii) Two (2) members shall have a background in sustainable building design, including, but not limited to, persons with LEED AP certification or background in Green Globes design and management; (iii) One (1) member representing the Tennessee Valley Public Power Association; and (iv) One (1) member shall have obtained a professional engineering certification and be experienced in performance-based energy accountable construction processes.
(i) One (1) member shall have obtained a professional engineer certification, preferably with a background in mechanical engineering, but may be either active or retired;
(ii) Two (2) members shall have a background in sustainable building design, including, but not limited to, persons with LEED AP certification or background in Green Globes design and management;
(iii) One (1) member representing the Tennessee Valley Public Power Association; and
(iv) One (1) member shall have obtained a professional engineering certification and be experienced in performance-based energy accountable construction processes.
(4) The members appointed under subdivision (j)(3)(B) shall serve at the pleasure of the council, except for the ex-officio members who shall be appointed as provided in this chapter, and shall be provided access to staff resources serving the council.
(5) Non-ex-officio members shall be entitled to receive compensation determined by the council as provided in this chapter.
Amended by 2018 Tenn. Acts, ch. 835, s 1, eff. 4/27/2018.
Acts 2008 , ch. 1188, § 4; 2012 , ch. 744, §§ 2, 3; 2012 , ch. 800, § 49.
Tenn. Code Ann. § 49-6-8103 — TN Code / Title 49 / Chapter 6 / Section 49-6-8103
Early high school graduation program
Status: in_force

(a) Beginning with the 2012-2013 school year, a public school student may complete an early high school graduation program and be eligible for unconditional entry into a public two-year institution of higher education or conditional entry into a public four-year institution of higher education, if the student meets the requirements of this section. (b) Each student desiring to complete an early graduation program shall indicate to the high school principal the student's intent prior to the beginning of grade nine (9) or as soon thereafter as the intent is known. The intent shall be indicated on a form provided by the department of education and signed by the parent. (c) For early graduation and unconditional entry into a public two-year institution or conditional entry into a public four-year institution, a student shall: (1) Achieve a benchmark score as determined by the state board of education for each subject area in which end-of-course examinations are administered; (2) Successfully complete seventeen (17) credits to include: (A) English I, II, III, and IV; (B) Algebra I and II; (C) Geometry; (D) United States history; (E) Two (2) courses in the same foreign language; (F) One (1) course selected from the following: (i) Economics; (ii) Government; (iii) World civilization; or (iv) World geography; (G) One (1) course selected from the following: (i) History and appreciation of visual and performing arts; or (ii) A standards-based arts course, which may include studio art, band, chorus, dance, or other performing arts; (H) Health; (I) Physical Education; (J) Biology; (K) Chemistry; (3) Have a cumulative grade point average of at least 3.2 on a 4-point scale; (4) Score on either the ACT or the SAT at or above benchmarks set by the Tennessee higher education commission for mathematics and English; (5) Obtain a qualifying benchmark score as determined by the state board of education on a world language proficiency assessment approved by the board; and (6) Complete at least two (2) courses from the following types of courses: (A) AP; (B) IB; (C) Dual enrollment; or (D) Dual credit. (d) The courses specified in subsection (c) may be dual enrollment or dual credit courses, AP or IB courses, or standard courses for which high school credit is granted. Selected courses, as determined by the state board of education, may be completed at the middle school level. (e) A student in the early graduation program may take two (2) high school English courses in an academic year. (f) A student who completes the early graduation program under this section qualifies for unconditional admittance to all public two-year institutions of higher education. A public four-year institution may accept a student who completes the early graduation program. (g) A student pursuing early graduation under this section is exempt from additional graduation requirements established by the state board of education. A student who completes the early graduation program shall be awarded a high school diploma. (h) Under subsection (c), the state board of education and the Tennessee higher education commission shall set the required benchmarks at scores that demonstrate exemplary high school performance and are indicative of an ability to perform college-level work. (i) This section shall not apply in any county having a population of not less than one hundred eighty-three thousand one hundred (183,100) nor more than one hundred eighty-three thousand two hundred (183,200), according to the 2010 federal census or any subsequent federal census. Amended by 2021 Tenn. Acts, ch. 493, s 34, eff. 5/25/2021.
(a) Beginning with the 2012-2013 school year, a public school student may complete an early high school graduation program and be eligible for unconditional entry into a public two-year institution of higher education or conditional entry into a public four-year institution of higher education, if the student meets the requirements of this section.
(b) Each student desiring to complete an early graduation program shall indicate to the high school principal the student's intent prior to the beginning of grade nine (9) or as soon thereafter as the intent is known. The intent shall be indicated on a form provided by the department of education and signed by the parent.
(c) For early graduation and unconditional entry into a public two-year institution or conditional entry into a public four-year institution, a student shall: (1) Achieve a benchmark score as determined by the state board of education for each subject area in which end-of-course examinations are administered; (2) Successfully complete seventeen (17) credits to include: (A) English I, II, III, and IV; (B) Algebra I and II; (C) Geometry; (D) United States history; (E) Two (2) courses in the same foreign language; (F) One (1) course selected from the following: (i) Economics; (ii) Government; (iii) World civilization; or (iv) World geography; (G) One (1) course selected from the following: (i) History and appreciation of visual and performing arts; or (ii) A standards-based arts course, which may include studio art, band, chorus, dance, or other performing arts; (H) Health; (I) Physical Education; (J) Biology; (K) Chemistry; (3) Have a cumulative grade point average of at least 3.2 on a 4-point scale; (4) Score on either the ACT or the SAT at or above benchmarks set by the Tennessee higher education commission for mathematics and English; (5) Obtain a qualifying benchmark score as determined by the state board of education on a world language proficiency assessment approved by the board; and (6) Complete at least two (2) courses from the following types of courses: (A) AP; (B) IB; (C) Dual enrollment; or (D) Dual credit.
(1) Achieve a benchmark score as determined by the state board of education for each subject area in which end-of-course examinations are administered;
(2) Successfully complete seventeen (17) credits to include: (A) English I, II, III, and IV; (B) Algebra I and II; (C) Geometry; (D) United States history; (E) Two (2) courses in the same foreign language; (F) One (1) course selected from the following: (i) Economics; (ii) Government; (iii) World civilization; or (iv) World geography; (G) One (1) course selected from the following: (i) History and appreciation of visual and performing arts; or (ii) A standards-based arts course, which may include studio art, band, chorus, dance, or other performing arts; (H) Health; (I) Physical Education; (J) Biology; (K) Chemistry;
(A) English I, II, III, and IV;
(B) Algebra I and II;
(C) Geometry;
(D) United States history;
(E) Two (2) courses in the same foreign language;
(F) One (1) course selected from the following: (i) Economics; (ii) Government; (iii) World civilization; or (iv) World geography;
(i) Economics;
(ii) Government;
(iii) World civilization; or
(iv) World geography;
(G) One (1) course selected from the following: (i) History and appreciation of visual and performing arts; or (ii) A standards-based arts course, which may include studio art, band, chorus, dance, or other performing arts;
(i) History and appreciation of visual and performing arts; or
(ii) A standards-based arts course, which may include studio art, band, chorus, dance, or other performing arts;
(H) Health;
(I) Physical Education;
(J) Biology;
(K) Chemistry;
(3) Have a cumulative grade point average of at least 3.2 on a 4-point scale;
(4) Score on either the ACT or the SAT at or above benchmarks set by the Tennessee higher education commission for mathematics and English;
(5) Obtain a qualifying benchmark score as determined by the state board of education on a world language proficiency assessment approved by the board; and
(6) Complete at least two (2) courses from the following types of courses: (A) AP; (B) IB; (C) Dual enrollment; or (D) Dual credit.
(A) AP;
(B) IB;
(C) Dual enrollment; or
(D) Dual credit.
(d) The courses specified in subsection (c) may be dual enrollment or dual credit courses, AP or IB courses, or standard courses for which high school credit is granted. Selected courses, as determined by the state board of education, may be completed at the middle school level.
(e) A student in the early graduation program may take two (2) high school English courses in an academic year.
(f) A student who completes the early graduation program under this section qualifies for unconditional admittance to all public two-year institutions of higher education. A public four-year institution may accept a student who completes the early graduation program.
(g) A student pursuing early graduation under this section is exempt from additional graduation requirements established by the state board of education. A student who completes the early graduation program shall be awarded a high school diploma.
(h) Under subsection (c), the state board of education and the Tennessee higher education commission shall set the required benchmarks at scores that demonstrate exemplary high school performance and are indicative of an ability to perform college-level work.
(i) This section shall not apply in any county having a population of not less than one hundred eighty-three thousand one hundred (183,100) nor more than one hundred eighty-three thousand two hundred (183,200), according to the 2010 federal census or any subsequent federal census.
Amended by 2021 Tenn. Acts, ch. 493, s 34, eff. 5/25/2021.
Tenn. Code Ann. § 49-8-705 — TN Code / Title 49 / Chapter 8 / Section 49-8-705
Authority to promulgate rules
Status: in_force

The Tennessee higher education commission may promulgate rules to effectuate this part. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Added by 2024 Tenn. Acts, ch. 848,s 1, eff. 5/1/2024.
The Tennessee higher education commission may promulgate rules to effectuate this part. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Added by 2024 Tenn. Acts, ch. 848,s 1, eff. 5/1/2024.
Tenn. Code Ann. § 49-6-3102 — TN Code / Title 49 / Chapter 6 / Section 49-6-3102
Assignment of students by local board
Status: in_force

(a) (1) The board of education of each local school system, with respect to the schools under its jurisdiction, is authorized and required to provide for the enrollment in a public school of each student who is eligible for enrollment within the schools of the local school system. (2) The board of education of each local school system is not required to provide for the enrollment in a public school system under its jurisdiction of a student for whom a transition plan is required pursuant to § 37-1-131 or § 49-6-3114 , unless the transition plan has been developed, but in no event shall a student be delayed from attending school for more than five (5) school days from the date of the notice. (b) Except as otherwise provided in this part, part 32 of this chapter, and in the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. § 11431 et seq.), the authority of each and every local school board in the matter of enrollment of pupils within its local school system shall be full and complete and its decision as to the enrollment of any pupil in any such school shall be final. (c) Pursuant to 42 U.S.C. § 675 , any student placed in the custody of the department of children's services shall remain enrolled in the same public school the student attended prior to entering custody. The department of children's services shall decide if the student's school is in the student's best interest. If the department of children's services determines that enrollment in the public school, which the student attended prior to entering care, is not in the student's best interest, the student shall be enrolled in the local school system where the student is placed or where the parent resides. (d) No pupil shall be enrolled in, admitted to, or entitled or permitted to attend any public school in the local school system other than the public school to which the pupil may be assigned pursuant to the rules, regulations and decisions of the board of education. (e) (1) Subject to review as provided in part 32 of this chapter, the board of education may exercise the powers and duties granted by parts 31 and 32 of this chapter directly, or may delegate its authority to other persons employed by the board under such rules and regulations as the board may adopt, subject to final decision and action by the board itself. (2) Subject to review as provided in part 32 of this chapter, the board of education may exercise the powers and duties granted by parts 31 and 32 of this chapter directly, or may delegate its authority to a three-member committee consisting of at least one (1) current board member with all remaining members as employees of the board under such rules and regulations as the board may adopt, subject to final decision and action either by the board or its designee. This subdivision (d)(2) shall only apply in any county having a population of not less than eight hundred ninety-seven thousand four hundred (897,400) nor more than eight hundred ninety-seven thousand five hundred (897,500), according to the 2000 federal census or any subsequent federal census. (f) In the exercise of the authority conferred by parts 31 and 32 of this chapter, the boards of education may prescribe general rules governing admission to schools within their jurisdiction, subject to parts 31 and 32 of this chapter, and may adopt such other reasonable rules and regulations as in the opinion of the board shall best accomplish the purposes of parts 31 and 32 of this chapter. (g) In determining the classroom assignments of multiple birth siblings, no school or board of education shall separate such multiple birth siblings into different classrooms solely due to such children being multiple birth siblings. (h) If a child who attends a public school is the suspected victim of child sexual abuse as defined in § 37-1-602(a) and the abuse occurred while the child was under the supervision or care of the school, then the school shall make reasonable accommodations to separate the alleged victim of child sexual abuse from the alleged perpetrator. (i) If available and appropriate, the local school board shall, upon request by the parent of the child, reassign a child who attends a public school and is the victim of child sexual abuse as defined in § 37-1-602(a) when: (1) The abuse occurred while the child was under the supervision or care of the school; and (2) The perpetrator of the abuse is: (A) Substantiated by the department of children's services; (B) Adjudicated by a juvenile court to have committed the child sexual abuse; or (C) Criminally charged. Amended by 2015 Tenn. Acts, ch. 286, s 1, eff. 4/28/2015. Amended by 2013 Tenn. Acts, ch. 397, s 3, eff. 7/1/2013. Acts 1957, ch. 13, §§ 1, 4; 1974, ch. 654, § 109; T.C.A., §§ 49-1741, 49-1744; Acts 2006, ch. 756, § 1; 2007 , ch. 314, § 3; 2009 , ch. 331, § 1; 2010 , ch. 721, § 1.
(a) (1) The board of education of each local school system, with respect to the schools under its jurisdiction, is authorized and required to provide for the enrollment in a public school of each student who is eligible for enrollment within the schools of the local school system. (2) The board of education of each local school system is not required to provide for the enrollment in a public school system under its jurisdiction of a student for whom a transition plan is required pursuant to § 37-1-131 or § 49-6-3114 , unless the transition plan has been developed, but in no event shall a student be delayed from attending school for more than five (5) school days from the date of the notice.
(1) The board of education of each local school system, with respect to the schools under its jurisdiction, is authorized and required to provide for the enrollment in a public school of each student who is eligible for enrollment within the schools of the local school system.
(2) The board of education of each local school system is not required to provide for the enrollment in a public school system under its jurisdiction of a student for whom a transition plan is required pursuant to § 37-1-131 or § 49-6-3114 , unless the transition plan has been developed, but in no event shall a student be delayed from attending school for more than five (5) school days from the date of the notice.
(b) Except as otherwise provided in this part, part 32 of this chapter, and in the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. § 11431 et seq.), the authority of each and every local school board in the matter of enrollment of pupils within its local school system shall be full and complete and its decision as to the enrollment of any pupil in any such school shall be final.
(c) Pursuant to 42 U.S.C. § 675 , any student placed in the custody of the department of children's services shall remain enrolled in the same public school the student attended prior to entering custody. The department of children's services shall decide if the student's school is in the student's best interest. If the department of children's services determines that enrollment in the public school, which the student attended prior to entering care, is not in the student's best interest, the student shall be enrolled in the local school system where the student is placed or where the parent resides.
(d) No pupil shall be enrolled in, admitted to, or entitled or permitted to attend any public school in the local school system other than the public school to which the pupil may be assigned pursuant to the rules, regulations and decisions of the board of education.
(e) (1) Subject to review as provided in part 32 of this chapter, the board of education may exercise the powers and duties granted by parts 31 and 32 of this chapter directly, or may delegate its authority to other persons employed by the board under such rules and regulations as the board may adopt, subject to final decision and action by the board itself. (2) Subject to review as provided in part 32 of this chapter, the board of education may exercise the powers and duties granted by parts 31 and 32 of this chapter directly, or may delegate its authority to a three-member committee consisting of at least one (1) current board member with all remaining members as employees of the board under such rules and regulations as the board may adopt, subject to final decision and action either by the board or its designee. This subdivision (d)(2) shall only apply in any county having a population of not less than eight hundred ninety-seven thousand four hundred (897,400) nor more than eight hundred ninety-seven thousand five hundred (897,500), according to the 2000 federal census or any subsequent federal census.
(1) Subject to review as provided in part 32 of this chapter, the board of education may exercise the powers and duties granted by parts 31 and 32 of this chapter directly, or may delegate its authority to other persons employed by the board under such rules and regulations as the board may adopt, subject to final decision and action by the board itself.
(2) Subject to review as provided in part 32 of this chapter, the board of education may exercise the powers and duties granted by parts 31 and 32 of this chapter directly, or may delegate its authority to a three-member committee consisting of at least one (1) current board member with all remaining members as employees of the board under such rules and regulations as the board may adopt, subject to final decision and action either by the board or its designee. This subdivision (d)(2) shall only apply in any county having a population of not less than eight hundred ninety-seven thousand four hundred (897,400) nor more than eight hundred ninety-seven thousand five hundred (897,500), according to the 2000 federal census or any subsequent federal census.
(f) In the exercise of the authority conferred by parts 31 and 32 of this chapter, the boards of education may prescribe general rules governing admission to schools within their jurisdiction, subject to parts 31 and 32 of this chapter, and may adopt such other reasonable rules and regulations as in the opinion of the board shall best accomplish the purposes of parts 31 and 32 of this chapter.
(g) In determining the classroom assignments of multiple birth siblings, no school or board of education shall separate such multiple birth siblings into different classrooms solely due to such children being multiple birth siblings.
(h) If a child who attends a public school is the suspected victim of child sexual abuse as defined in § 37-1-602(a) and the abuse occurred while the child was under the supervision or care of the school, then the school shall make reasonable accommodations to separate the alleged victim of child sexual abuse from the alleged perpetrator.
(i) If available and appropriate, the local school board shall, upon request by the parent of the child, reassign a child who attends a public school and is the victim of child sexual abuse as defined in § 37-1-602(a) when: (1) The abuse occurred while the child was under the supervision or care of the school; and (2) The perpetrator of the abuse is: (A) Substantiated by the department of children's services; (B) Adjudicated by a juvenile court to have committed the child sexual abuse; or (C) Criminally charged.
(1) The abuse occurred while the child was under the supervision or care of the school; and
(2) The perpetrator of the abuse is: (A) Substantiated by the department of children's services; (B) Adjudicated by a juvenile court to have committed the child sexual abuse; or (C) Criminally charged.
(A) Substantiated by the department of children's services;
(B) Adjudicated by a juvenile court to have committed the child sexual abuse; or
(C) Criminally charged.
Amended by 2015 Tenn. Acts, ch. 286, s 1, eff. 4/28/2015.
Amended by 2013 Tenn. Acts, ch. 397, s 3, eff. 7/1/2013.
Acts 1957, ch. 13, §§ 1, 4; 1974, ch. 654, § 109; T.C.A., §§ 49-1741, 49-1744; Acts 2006, ch. 756, § 1; 2007 , ch. 314, § 3; 2009 , ch. 331, § 1; 2010 , ch. 721, § 1.
Tenn. Code Ann. § 49-9-1301 — TN Code / Title 49 / Chapter 9 / Section 49-9-1301
Authority of board of trustees
Status: in_force

(a) The board of trustees is authorized to: (1) Take all steps necessary for the creation of a private nonprofit corporation under the Tennessee Nonprofit Corporation Act, compiled in title 48, chapters 51-68, for the purpose of operating the University of Tennessee Memorial Research Center and Hospital. Except as provided in subdivision (b)(2), the corporation shall have all the rights and powers of a nonprofit corporation under the Tennessee Nonprofit Corporation Act. The corporation shall not be an agency, department or political subdivision of the state. The charter of the nonprofit corporation shall include that its purpose is to operate the University of Tennessee Memorial Research Center and Hospital in a manner that will fulfill the hospital's mission statement of dedication to its continuation as the premier center to offer medical care to the underserved population of the thirteen-county area served by the hospital. The corporation shall not be subject to any law affecting only governmental or public entities; (2) Enter into contracts with the corporation created under this section for goods, services and facilities in support of the programs of the university; and (3) With prior approval of the attorney general and reporter and with prior approval of the state building commission in consultation with the majority and minority leaders of both houses of the general assembly, transfer to a corporation created under this section any or all assets used in or related to operation of the University of Tennessee Memorial Research Center and Hospital on such terms and conditions as the trustees deem in the best interest of the university and state; provided, however, that the trustees shall take action to provide for continued support of the education and research missions of the university in the health sciences, including, but not limited to, access to facilities that will offer clinical experience for students in the health sciences. (b) (1) Debts or other obligations of a corporation created under this section shall be payable only from assets of the corporation and shall not be debts or obligations of the state. Neither the university nor the state shall have any legal or other obligation to finance the deficits of, or provide financial support to, the corporation. Effective on the date of transfer of operation of the hospital to a corporation created under this section, neither the state nor the university shall have any legal, financial or other responsibility or liability for the operation of the hospital or the corporation. (2) In addition to any other law governing the conveyance of assets from a not-for-profit corporation to another entity or a dissolution of assets of a not-for-profit hospital, any subsequent conveyance by any private nonprofit corporation that has acquired all or part of the assets originally owned by the University of Tennessee Memorial Research Center and Hospital shall only be authorized with prior approval of the attorney general and reporter, with prior approval of the state building commission and with prior approval of the general assembly. It is the intent of the general assembly that any such subsequent conveyance by the private nonprofit corporation shall provide for the repayment of the sums of three million dollars ($3,000,000) to the state of Tennessee, two million dollars ($2,000,000) to Knox County and two million dollars ($2,000,000) to the City of Knoxville. (c) (1) Prior to entering into any contracts authorized pursuant to subdivision (a)(2) with the corporation created under this section, the board of trustees shall hold at least four (4) public hearings in the area served by the University of Tennessee Memorial Research Center and Hospital to explain the contents and conditions of each contract. The four (4) public hearings must be held at least thirty (30) days prior to entering into the contracts. Two (2) weeks' notice shall be given prior to each public hearing. The notice shall be: (A) Published in one (1) or more newspapers of general circulation in the area served by the hospital; (B) Posted in the emergency room and the hospital admissions area; and (C) Posted in one or more public places in the area served by the hospital. (2) At least one (1) of the public hearings must be held in Knox County. (3) If any of the contracts are materially revised following the public hearings, the revised contract or contracts shall be published in the same newspapers in which the notices of the public hearings were published at least one (1) week prior to being signed by the board. (4) Any contract entered into in violation of this subsection (c) shall be null and void. Acts 1997, ch. 418, § 1.
(a) The board of trustees is authorized to: (1) Take all steps necessary for the creation of a private nonprofit corporation under the Tennessee Nonprofit Corporation Act, compiled in title 48, chapters 51-68, for the purpose of operating the University of Tennessee Memorial Research Center and Hospital. Except as provided in subdivision (b)(2), the corporation shall have all the rights and powers of a nonprofit corporation under the Tennessee Nonprofit Corporation Act. The corporation shall not be an agency, department or political subdivision of the state. The charter of the nonprofit corporation shall include that its purpose is to operate the University of Tennessee Memorial Research Center and Hospital in a manner that will fulfill the hospital's mission statement of dedication to its continuation as the premier center to offer medical care to the underserved population of the thirteen-county area served by the hospital. The corporation shall not be subject to any law affecting only governmental or public entities; (2) Enter into contracts with the corporation created under this section for goods, services and facilities in support of the programs of the university; and (3) With prior approval of the attorney general and reporter and with prior approval of the state building commission in consultation with the majority and minority leaders of both houses of the general assembly, transfer to a corporation created under this section any or all assets used in or related to operation of the University of Tennessee Memorial Research Center and Hospital on such terms and conditions as the trustees deem in the best interest of the university and state; provided, however, that the trustees shall take action to provide for continued support of the education and research missions of the university in the health sciences, including, but not limited to, access to facilities that will offer clinical experience for students in the health sciences.
(1) Take all steps necessary for the creation of a private nonprofit corporation under the Tennessee Nonprofit Corporation Act, compiled in title 48, chapters 51-68, for the purpose of operating the University of Tennessee Memorial Research Center and Hospital. Except as provided in subdivision (b)(2), the corporation shall have all the rights and powers of a nonprofit corporation under the Tennessee Nonprofit Corporation Act. The corporation shall not be an agency, department or political subdivision of the state. The charter of the nonprofit corporation shall include that its purpose is to operate the University of Tennessee Memorial Research Center and Hospital in a manner that will fulfill the hospital's mission statement of dedication to its continuation as the premier center to offer medical care to the underserved population of the thirteen-county area served by the hospital. The corporation shall not be subject to any law affecting only governmental or public entities;
(2) Enter into contracts with the corporation created under this section for goods, services and facilities in support of the programs of the university; and
(3) With prior approval of the attorney general and reporter and with prior approval of the state building commission in consultation with the majority and minority leaders of both houses of the general assembly, transfer to a corporation created under this section any or all assets used in or related to operation of the University of Tennessee Memorial Research Center and Hospital on such terms and conditions as the trustees deem in the best interest of the university and state; provided, however, that the trustees shall take action to provide for continued support of the education and research missions of the university in the health sciences, including, but not limited to, access to facilities that will offer clinical experience for students in the health sciences.
(b) (1) Debts or other obligations of a corporation created under this section shall be payable only from assets of the corporation and shall not be debts or obligations of the state. Neither the university nor the state shall have any legal or other obligation to finance the deficits of, or provide financial support to, the corporation. Effective on the date of transfer of operation of the hospital to a corporation created under this section, neither the state nor the university shall have any legal, financial or other responsibility or liability for the operation of the hospital or the corporation. (2) In addition to any other law governing the conveyance of assets from a not-for-profit corporation to another entity or a dissolution of assets of a not-for-profit hospital, any subsequent conveyance by any private nonprofit corporation that has acquired all or part of the assets originally owned by the University of Tennessee Memorial Research Center and Hospital shall only be authorized with prior approval of the attorney general and reporter, with prior approval of the state building commission and with prior approval of the general assembly. It is the intent of the general assembly that any such subsequent conveyance by the private nonprofit corporation shall provide for the repayment of the sums of three million dollars ($3,000,000) to the state of Tennessee, two million dollars ($2,000,000) to Knox County and two million dollars ($2,000,000) to the City of Knoxville.
(1) Debts or other obligations of a corporation created under this section shall be payable only from assets of the corporation and shall not be debts or obligations of the state. Neither the university nor the state shall have any legal or other obligation to finance the deficits of, or provide financial support to, the corporation. Effective on the date of transfer of operation of the hospital to a corporation created under this section, neither the state nor the university shall have any legal, financial or other responsibility or liability for the operation of the hospital or the corporation.
(2) In addition to any other law governing the conveyance of assets from a not-for-profit corporation to another entity or a dissolution of assets of a not-for-profit hospital, any subsequent conveyance by any private nonprofit corporation that has acquired all or part of the assets originally owned by the University of Tennessee Memorial Research Center and Hospital shall only be authorized with prior approval of the attorney general and reporter, with prior approval of the state building commission and with prior approval of the general assembly. It is the intent of the general assembly that any such subsequent conveyance by the private nonprofit corporation shall provide for the repayment of the sums of three million dollars ($3,000,000) to the state of Tennessee, two million dollars ($2,000,000) to Knox County and two million dollars ($2,000,000) to the City of Knoxville.
(c) (1) Prior to entering into any contracts authorized pursuant to subdivision (a)(2) with the corporation created under this section, the board of trustees shall hold at least four (4) public hearings in the area served by the University of Tennessee Memorial Research Center and Hospital to explain the contents and conditions of each contract. The four (4) public hearings must be held at least thirty (30) days prior to entering into the contracts. Two (2) weeks' notice shall be given prior to each public hearing. The notice shall be: (A) Published in one (1) or more newspapers of general circulation in the area served by the hospital; (B) Posted in the emergency room and the hospital admissions area; and (C) Posted in one or more public places in the area served by the hospital. (2) At least one (1) of the public hearings must be held in Knox County. (3) If any of the contracts are materially revised following the public hearings, the revised contract or contracts shall be published in the same newspapers in which the notices of the public hearings were published at least one (1) week prior to being signed by the board. (4) Any contract entered into in violation of this subsection (c) shall be null and void.
(1) Prior to entering into any contracts authorized pursuant to subdivision (a)(2) with the corporation created under this section, the board of trustees shall hold at least four (4) public hearings in the area served by the University of Tennessee Memorial Research Center and Hospital to explain the contents and conditions of each contract. The four (4) public hearings must be held at least thirty (30) days prior to entering into the contracts. Two (2) weeks' notice shall be given prior to each public hearing. The notice shall be: (A) Published in one (1) or more newspapers of general circulation in the area served by the hospital; (B) Posted in the emergency room and the hospital admissions area; and (C) Posted in one or more public places in the area served by the hospital.
(A) Published in one (1) or more newspapers of general circulation in the area served by the hospital;
(B) Posted in the emergency room and the hospital admissions area; and
(C) Posted in one or more public places in the area served by the hospital.
(2) At least one (1) of the public hearings must be held in Knox County.
(3) If any of the contracts are materially revised following the public hearings, the revised contract or contracts shall be published in the same newspapers in which the notices of the public hearings were published at least one (1) week prior to being signed by the board.
(4) Any contract entered into in violation of this subsection (c) shall be null and void.
Acts 1997, ch. 418, § 1.
Tenn. Code Ann. § 49-7-2021 — TN Code / Title 49 / Chapter 7 / Section 49-7-2021
Use of word "college" in institution's name
Status: in_force

An accredited postsecondary educational institution may not use the word "college" in its name without a qualifier, unless the institution: (1) Meets the definition of "college" in § 49-7-2003 ; (2) Has been approved by an accrediting body recognized by the United States department of education to offer degree level programs; and (3) Offers or is seeking approval to offer at least one (1) degree program. Added by 2014 Tenn. Acts, ch. 831, s 2, eff. 4/29/2014.
An accredited postsecondary educational institution may not use the word "college" in its name without a qualifier, unless the institution:
(1) Meets the definition of "college" in § 49-7-2003 ;
(2) Has been approved by an accrediting body recognized by the United States department of education to offer degree level programs; and
(3) Offers or is seeking approval to offer at least one (1) degree program.
Added by 2014 Tenn. Acts, ch. 831, s 2, eff. 4/29/2014.
Tenn. Code Ann. § 49-6-3302 — TN Code / Title 49 / Chapter 6 / Section 49-6-3302
Withholding state funds for noncompliance
Status: in_force

The commissioner, upon due hearing after two (2) weeks' written notice to the board of education affected, may withhold and declare forfeited any part or all state school funds due any school district that refuses or neglects to comply with and to enforce the census or compulsory school attendance laws. Acts 1945, ch. 143, § 2; C. Supp. 1950, § 2475.2; Acts 1974, ch. 654, § 108; T.C.A. (orig. ed.), § 49-1739.
The commissioner, upon due hearing after two (2) weeks' written notice to the board of education affected, may withhold and declare forfeited any part or all state school funds due any school district that refuses or neglects to comply with and to enforce the census or compulsory school attendance laws.
Acts 1945, ch. 143, § 2; C. Supp. 1950, § 2475.2; Acts 1974, ch. 654, § 108; T.C.A. (orig. ed.), § 49-1739.
Tenn. Code Ann. § 49-3-104 — TN Code / Title 49 / Chapter 3 / Section 49-3-104
Definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Average daily membership" or "ADM" means the sum of the total number of days a student is enrolled divided by the number of days school is in session during this period; (2) "Base funding amount" means the uniform dollar amount that each student generates towards the student's funding allocation in a given year; (3) "Baseline funding amount" means: (A) The basic education program allocations an LEA received in the 2022-2023 school year; (B) The coordinated school health grant allocations an LEA received in the 2022-2023 school year; (C) The family resource center grant allocations an LEA received from the department in the 2022-2023 school year; and (D) The school safety grant allocations an LEA received in the 2022-2023 school year; (4) "Career and technical program" means a coordinated, non-duplicative sequence of academic and technical content that: (A) Incorporates challenging state academic standards; (B) Addresses academic and technical knowledge and skills, including employability skills; (C) Is aligned with the needs of industries in the economy of the state, region, or local area; (D) Progresses in specificity, beginning with all aspects of an industry or career cluster and leading to more occupation-specific instruction, including early postsecondary instruction; (E) Has multiple entry and exit points that incorporate credentialing; (F) Culminates in the attainment of a recognized credential; and (G) Is established and categorized into one (1) of three (3) levels by the department, as provided in the department's rules, based on the additional resources required to support the program and the wage-earning potential for students participating in the program; (5) "Commissioner" means the commissioner of education; (6) "Concentrated poverty" means that a student is a member in a school that is eligible for Title I schoolwide designation; (7) "Department" means the department of education; (8) "Direct allocation" means an allocation in addition to the base funding amount for a student expressed as a flat dollar amount; (9) "Distribution period" means the period for which the department distributes funds pursuant to a distribution schedule established pursuant to § 49-3-108 ; (10) "Economically disadvantaged" means, as defined in Tennessee's Every Student Succeeds Act (ESSA) plan established pursuant to the federal Every Student Succeeds Act ( 20 U.S.C. § 6301 et seq.), a homeless, foster, runaway, or migrant student or a student eligible for free or reduced-price school meals or milk through the direct certification eligibility guidelines established pursuant to 42 U.S.C. §§ 1751 - 1769 ; (11) "Existing educator" means an individual who is evaluated pursuant to § 49-1-302(d)(2) and who provides direct service to students at school sites; (12) "Fiscal capacity" means the percentage of the local share that a county must contribute; (13) "Fiscal capacity calculation" means the formula evaluated by the comptroller of the treasury and approved by the state board that determines fiscal capacity as the average of the fiscal capacity estimates generated by the formula established by the Boyd Center for Business and Economic Research at the University of Tennessee and the formula established by the Tennessee advisory commission on intergovernmental relations; (14) "Local contribution" means the dollar amount of local funds that a local government must pay toward the local share; (15) "Local education agency" or "LEA" means a county, city, or special school district, unified school district, school district of a metropolitan form of government, or another school system established by law; (16) "Membership" means a student is enrolled and assigned to a class; (17) "Postsecondary readiness assessment" means the assessment required pursuant to § 49-6-6001(b) ; (18) "Small district" means an LEA with a membership of one thousand (1,000) or fewer students; (19) "Sparse district" means a county LEA located in a county with fewer than twenty-five (25) students per square mile; (20) "State board" means the state board of education; (21) "TCAP" means the Tennessee comprehensive assessment program; (22) "Tennessee investment in student achievement formula" or "TISA" means the student-based funding formula established pursuant to this part that consists of student-generated funding allocations pursuant to §§ 49-3-105 and 49-3-106 ; (23) "Unique learning need" means a learning need for which an LEA must provide the student individualized services, interventions, accommodations, or modifications to meet the student's need pursuant to § 49-1-229 , § 49-10-108 , the Individuals with Disabilities Education Act ( 20 U.S.C. § 1400 et seq.), or the state board's rules for English as a second language programs, that are documented in a written plan and provided in accordance with § 49-1-229 , § 49-10-108 , the Individuals with Disabilities Education Act ( 20 U.S.C. § 1400 et seq.), or the state board's rules for English as a second language programs, as applicable, and that are established and categorized into ten (10) levels by the department, as provided in the department's rules, based on the level of additional resources necessary to manage the unique learning need. "Unique learning needs" include, but are not limited to, disabilities, characteristics of dyslexia, giftedness, or limited English proficiency. A student may have multiple unique learning needs, including multiple unique learning needs of different levels or of the same level; and (24) "Weighted allocation" means an allocation in addition to the base funding amount for a student that is expressed as a percentage of the base funding amount. Added by 2022 Tenn. Acts, ch. 966, s 1, eff. 7/1/2023.
As used in this part, unless the context otherwise requires:
(1) "Average daily membership" or "ADM" means the sum of the total number of days a student is enrolled divided by the number of days school is in session during this period;
(2) "Base funding amount" means the uniform dollar amount that each student generates towards the student's funding allocation in a given year;
(3) "Baseline funding amount" means: (A) The basic education program allocations an LEA received in the 2022-2023 school year; (B) The coordinated school health grant allocations an LEA received in the 2022-2023 school year; (C) The family resource center grant allocations an LEA received from the department in the 2022-2023 school year; and (D) The school safety grant allocations an LEA received in the 2022-2023 school year;
(A) The basic education program allocations an LEA received in the 2022-2023 school year;
(B) The coordinated school health grant allocations an LEA received in the 2022-2023 school year;
(C) The family resource center grant allocations an LEA received from the department in the 2022-2023 school year; and
(D) The school safety grant allocations an LEA received in the 2022-2023 school year;
(4) "Career and technical program" means a coordinated, non-duplicative sequence of academic and technical content that: (A) Incorporates challenging state academic standards; (B) Addresses academic and technical knowledge and skills, including employability skills; (C) Is aligned with the needs of industries in the economy of the state, region, or local area; (D) Progresses in specificity, beginning with all aspects of an industry or career cluster and leading to more occupation-specific instruction, including early postsecondary instruction; (E) Has multiple entry and exit points that incorporate credentialing; (F) Culminates in the attainment of a recognized credential; and (G) Is established and categorized into one (1) of three (3) levels by the department, as provided in the department's rules, based on the additional resources required to support the program and the wage-earning potential for students participating in the program;
(A) Incorporates challenging state academic standards;
(B) Addresses academic and technical knowledge and skills, including employability skills;
(C) Is aligned with the needs of industries in the economy of the state, region, or local area;
(D) Progresses in specificity, beginning with all aspects of an industry or career cluster and leading to more occupation-specific instruction, including early postsecondary instruction;
(E) Has multiple entry and exit points that incorporate credentialing;
(F) Culminates in the attainment of a recognized credential; and
(G) Is established and categorized into one (1) of three (3) levels by the department, as provided in the department's rules, based on the additional resources required to support the program and the wage-earning potential for students participating in the program;
(5) "Commissioner" means the commissioner of education;
(6) "Concentrated poverty" means that a student is a member in a school that is eligible for Title I schoolwide designation;
(7) "Department" means the department of education;
(8) "Direct allocation" means an allocation in addition to the base funding amount for a student expressed as a flat dollar amount;
(9) "Distribution period" means the period for which the department distributes funds pursuant to a distribution schedule established pursuant to § 49-3-108 ;
(10) "Economically disadvantaged" means, as defined in Tennessee's Every Student Succeeds Act (ESSA) plan established pursuant to the federal Every Student Succeeds Act ( 20 U.S.C. § 6301 et seq.), a homeless, foster, runaway, or migrant student or a student eligible for free or reduced-price school meals or milk through the direct certification eligibility guidelines established pursuant to 42 U.S.C. §§ 1751 - 1769 ;
(11) "Existing educator" means an individual who is evaluated pursuant to § 49-1-302(d)(2) and who provides direct service to students at school sites;
(12) "Fiscal capacity" means the percentage of the local share that a county must contribute;
(13) "Fiscal capacity calculation" means the formula evaluated by the comptroller of the treasury and approved by the state board that determines fiscal capacity as the average of the fiscal capacity estimates generated by the formula established by the Boyd Center for Business and Economic Research at the University of Tennessee and the formula established by the Tennessee advisory commission on intergovernmental relations;
(14) "Local contribution" means the dollar amount of local funds that a local government must pay toward the local share;
(15) "Local education agency" or "LEA" means a county, city, or special school district, unified school district, school district of a metropolitan form of government, or another school system established by law;
(16) "Membership" means a student is enrolled and assigned to a class;
(17) "Postsecondary readiness assessment" means the assessment required pursuant to § 49-6-6001(b) ;
(18) "Small district" means an LEA with a membership of one thousand (1,000) or fewer students;
(19) "Sparse district" means a county LEA located in a county with fewer than twenty-five (25) students per square mile;
(20) "State board" means the state board of education;
(21) "TCAP" means the Tennessee comprehensive assessment program;
(22) "Tennessee investment in student achievement formula" or "TISA" means the student-based funding formula established pursuant to this part that consists of student-generated funding allocations pursuant to §§ 49-3-105 and 49-3-106 ;
(23) "Unique learning need" means a learning need for which an LEA must provide the student individualized services, interventions, accommodations, or modifications to meet the student's need pursuant to § 49-1-229 , § 49-10-108 , the Individuals with Disabilities Education Act ( 20 U.S.C. § 1400 et seq.), or the state board's rules for English as a second language programs, that are documented in a written plan and provided in accordance with § 49-1-229 , § 49-10-108 , the Individuals with Disabilities Education Act ( 20 U.S.C. § 1400 et seq.), or the state board's rules for English as a second language programs, as applicable, and that are established and categorized into ten (10) levels by the department, as provided in the department's rules, based on the level of additional resources necessary to manage the unique learning need. "Unique learning needs" include, but are not limited to, disabilities, characteristics of dyslexia, giftedness, or limited English proficiency. A student may have multiple unique learning needs, including multiple unique learning needs of different levels or of the same level; and
(24) "Weighted allocation" means an allocation in addition to the base funding amount for a student that is expressed as a percentage of the base funding amount.
Added by 2022 Tenn. Acts, ch. 966, s 1, eff. 7/1/2023.
Tenn. Code Ann. § 49-7-2102 — TN Code / Title 49 / Chapter 7 / Section 49-7-2102
Part definitions
Status: in_force

As used in this part: (1) "Agency contract" means an agreement in which a student athlete authorizes a person to negotiate or solicit on behalf of the athlete a professional-sports-services contract or endorsement contract; (2) "Athlete agent": (A) Means an individual, whether or not registered under this part, who: (i) Directly or indirectly recruits or solicits a student athlete to enter into an agency contract or, for compensation, procures employment or offers, promises, attempts, or negotiates to obtain employment for a student athlete as a professional athlete or member of a professional sports team or organization or enrollment at any college, university, or community or junior college that offers an athletic scholarship to the student athlete; (ii) For compensation or in anticipation of compensation related to a student athlete's participation in athletics: (a) Serves the athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions, unless the individual is an employee of an educational institution acting exclusively as an employee of the institution for the benefit of the institution; or (b) Manages the business affairs of the athlete by providing assistance with bills, payments, contracts, or taxes; or (iii) In anticipation of representing a student athlete for a purpose related to the athlete's participation in athletics: (a) Gives consideration to the student athlete or another person; (b) Serves the athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions; or (c) Manages the business affairs of the athlete by providing assistance with bills, payments, contracts, or taxes; (B) Does not include an individual who: (i) Acts solely on behalf of a professional sports team or organization; or (ii) Is a licensed, registered, or certified professional and offers or provides services to a student athlete customarily provided by members of the profession, unless the individual: (a) Also recruits or solicits the athlete to enter into an agency contract; (b) Also, for compensation, procures employment or offers, promises, attempts, or negotiates to obtain employment for the athlete as a professional athlete or member of a professional sports team or organization; or (c) Receives consideration for providing the services calculated using a different method than for an individual who is not a student athlete; (3) "Athletic director" means the individual responsible for administering the overall athletic program of an educational institution or, if an educational institution has separately administered athletic programs for male students and female students, the athletic program for males or the athletic program for females, as appropriate; (4) "Certified athlete agent" means an athlete agent registered under this part who is certified to be an athlete agent in a particular sport by a national association that promotes or regulates intercollegiate athletics and establishes eligibility standards for participation by a student athlete in that sport; (5) "Commission" means the Commission on Interstate Registration of Athlete Agents; (6) "Educational institution" includes a public or private elementary school, secondary school, technical or vocational school, community college, college, and university; (7) "Endorsement contract" means an agreement under which a student athlete is employed or receives consideration to use on behalf of the other party any value that the athlete may have because of publicity, reputation, following, or fame obtained because of athletic ability or performance; (8) "Enrolled" means registered for courses and attending athletic practice or class. "Enrolls" has a corresponding meaning; (9) "Intercollegiate sport" means a sport played at the collegiate level for which eligibility requirements for participation by a student athlete are established by a national association that promotes or regulates collegiate athletics; (10) "Interscholastic sport" means a sport played between educational institutions that are not community colleges, colleges, or universities; (11) "Licensed, registered, or certified professional" means an individual licensed, registered, or certified as an attorney, dealer in securities, financial planner, insurance agent, real estate broker or sales agent, tax consultant, accountant, or member of a profession, other than that of athlete agent, who is licensed, registered, or certified by the state or a nationally recognized organization that licenses, registers, or certifies members of the profession on the basis of experience, education, or testing; (12) "Person" means an individual; estate; business or nonprofit entity; public corporation; government or governmental subdivision, agency, or instrumentality; or other legal entity; (13) "Professional-sports-services contract" means an agreement under which an individual is employed as a professional athlete or agrees to render services as a player on a professional sports team or with a professional sports organization; (14) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; (15) "Recruit" or "solicit" means attempt to influence the choice of an athlete agent by a student athlete or, if the athlete is a minor, a parent or guardian of the athlete. The terms do not include giving advice on the selection of a particular agent in a family, coaching, or social situation unless the individual giving the advice does so because of the receipt or anticipated receipt of an economic benefit, directly or indirectly, from the agent; (16) "Registration" means registration as an athlete agent under this part; (17) "Sign" means, with present intent to authenticate or adopt a record: (A) To execute or adopt a tangible symbol; or (B) To attach to or logically associate with the record an electronic symbol, sound, or process; (18) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States; and (19) "Student athlete" means an individual who is eligible to attend an educational institution and engages in, is eligible to engage in, or may be eligible in the future to engage in, any interscholastic or intercollegiate sport. The term does not include an individual permanently ineligible to participate in a particular interscholastic or intercollegiate sport for that sport. Amended by 2019 Tenn. Acts, ch. 67,s 1, eff. 3/28/2019. Added by 2017 Tenn. Acts, ch. 216,s 1, eff. 9/1/2017.
As used in this part:
(1) "Agency contract" means an agreement in which a student athlete authorizes a person to negotiate or solicit on behalf of the athlete a professional-sports-services contract or endorsement contract;
(2) "Athlete agent": (A) Means an individual, whether or not registered under this part, who: (i) Directly or indirectly recruits or solicits a student athlete to enter into an agency contract or, for compensation, procures employment or offers, promises, attempts, or negotiates to obtain employment for a student athlete as a professional athlete or member of a professional sports team or organization or enrollment at any college, university, or community or junior college that offers an athletic scholarship to the student athlete; (ii) For compensation or in anticipation of compensation related to a student athlete's participation in athletics: (a) Serves the athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions, unless the individual is an employee of an educational institution acting exclusively as an employee of the institution for the benefit of the institution; or (b) Manages the business affairs of the athlete by providing assistance with bills, payments, contracts, or taxes; or (iii) In anticipation of representing a student athlete for a purpose related to the athlete's participation in athletics: (a) Gives consideration to the student athlete or another person; (b) Serves the athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions; or (c) Manages the business affairs of the athlete by providing assistance with bills, payments, contracts, or taxes; (B) Does not include an individual who: (i) Acts solely on behalf of a professional sports team or organization; or (ii) Is a licensed, registered, or certified professional and offers or provides services to a student athlete customarily provided by members of the profession, unless the individual: (a) Also recruits or solicits the athlete to enter into an agency contract; (b) Also, for compensation, procures employment or offers, promises, attempts, or negotiates to obtain employment for the athlete as a professional athlete or member of a professional sports team or organization; or (c) Receives consideration for providing the services calculated using a different method than for an individual who is not a student athlete;
(A) Means an individual, whether or not registered under this part, who: (i) Directly or indirectly recruits or solicits a student athlete to enter into an agency contract or, for compensation, procures employment or offers, promises, attempts, or negotiates to obtain employment for a student athlete as a professional athlete or member of a professional sports team or organization or enrollment at any college, university, or community or junior college that offers an athletic scholarship to the student athlete; (ii) For compensation or in anticipation of compensation related to a student athlete's participation in athletics: (a) Serves the athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions, unless the individual is an employee of an educational institution acting exclusively as an employee of the institution for the benefit of the institution; or (b) Manages the business affairs of the athlete by providing assistance with bills, payments, contracts, or taxes; or (iii) In anticipation of representing a student athlete for a purpose related to the athlete's participation in athletics: (a) Gives consideration to the student athlete or another person; (b) Serves the athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions; or (c) Manages the business affairs of the athlete by providing assistance with bills, payments, contracts, or taxes;
(i) Directly or indirectly recruits or solicits a student athlete to enter into an agency contract or, for compensation, procures employment or offers, promises, attempts, or negotiates to obtain employment for a student athlete as a professional athlete or member of a professional sports team or organization or enrollment at any college, university, or community or junior college that offers an athletic scholarship to the student athlete;
(ii) For compensation or in anticipation of compensation related to a student athlete's participation in athletics: (a) Serves the athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions, unless the individual is an employee of an educational institution acting exclusively as an employee of the institution for the benefit of the institution; or (b) Manages the business affairs of the athlete by providing assistance with bills, payments, contracts, or taxes; or
(a) Serves the athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions, unless the individual is an employee of an educational institution acting exclusively as an employee of the institution for the benefit of the institution; or
(b) Manages the business affairs of the athlete by providing assistance with bills, payments, contracts, or taxes; or
(iii) In anticipation of representing a student athlete for a purpose related to the athlete's participation in athletics: (a) Gives consideration to the student athlete or another person; (b) Serves the athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions; or (c) Manages the business affairs of the athlete by providing assistance with bills, payments, contracts, or taxes;
(a) Gives consideration to the student athlete or another person;
(b) Serves the athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions; or
(c) Manages the business affairs of the athlete by providing assistance with bills, payments, contracts, or taxes;
(B) Does not include an individual who: (i) Acts solely on behalf of a professional sports team or organization; or (ii) Is a licensed, registered, or certified professional and offers or provides services to a student athlete customarily provided by members of the profession, unless the individual: (a) Also recruits or solicits the athlete to enter into an agency contract; (b) Also, for compensation, procures employment or offers, promises, attempts, or negotiates to obtain employment for the athlete as a professional athlete or member of a professional sports team or organization; or (c) Receives consideration for providing the services calculated using a different method than for an individual who is not a student athlete;
(i) Acts solely on behalf of a professional sports team or organization; or
(ii) Is a licensed, registered, or certified professional and offers or provides services to a student athlete customarily provided by members of the profession, unless the individual: (a) Also recruits or solicits the athlete to enter into an agency contract; (b) Also, for compensation, procures employment or offers, promises, attempts, or negotiates to obtain employment for the athlete as a professional athlete or member of a professional sports team or organization; or (c) Receives consideration for providing the services calculated using a different method than for an individual who is not a student athlete;
(a) Also recruits or solicits the athlete to enter into an agency contract;
(b) Also, for compensation, procures employment or offers, promises, attempts, or negotiates to obtain employment for the athlete as a professional athlete or member of a professional sports team or organization; or
(c) Receives consideration for providing the services calculated using a different method than for an individual who is not a student athlete;
(3) "Athletic director" means the individual responsible for administering the overall athletic program of an educational institution or, if an educational institution has separately administered athletic programs for male students and female students, the athletic program for males or the athletic program for females, as appropriate;
(4) "Certified athlete agent" means an athlete agent registered under this part who is certified to be an athlete agent in a particular sport by a national association that promotes or regulates intercollegiate athletics and establishes eligibility standards for participation by a student athlete in that sport;
(5) "Commission" means the Commission on Interstate Registration of Athlete Agents;
(6) "Educational institution" includes a public or private elementary school, secondary school, technical or vocational school, community college, college, and university;
(7) "Endorsement contract" means an agreement under which a student athlete is employed or receives consideration to use on behalf of the other party any value that the athlete may have because of publicity, reputation, following, or fame obtained because of athletic ability or performance;
(8) "Enrolled" means registered for courses and attending athletic practice or class. "Enrolls" has a corresponding meaning;
(9) "Intercollegiate sport" means a sport played at the collegiate level for which eligibility requirements for participation by a student athlete are established by a national association that promotes or regulates collegiate athletics;
(10) "Interscholastic sport" means a sport played between educational institutions that are not community colleges, colleges, or universities;
(11) "Licensed, registered, or certified professional" means an individual licensed, registered, or certified as an attorney, dealer in securities, financial planner, insurance agent, real estate broker or sales agent, tax consultant, accountant, or member of a profession, other than that of athlete agent, who is licensed, registered, or certified by the state or a nationally recognized organization that licenses, registers, or certifies members of the profession on the basis of experience, education, or testing;
(12) "Person" means an individual; estate; business or nonprofit entity; public corporation; government or governmental subdivision, agency, or instrumentality; or other legal entity;
(13) "Professional-sports-services contract" means an agreement under which an individual is employed as a professional athlete or agrees to render services as a player on a professional sports team or with a professional sports organization;
(14) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;
(15) "Recruit" or "solicit" means attempt to influence the choice of an athlete agent by a student athlete or, if the athlete is a minor, a parent or guardian of the athlete. The terms do not include giving advice on the selection of a particular agent in a family, coaching, or social situation unless the individual giving the advice does so because of the receipt or anticipated receipt of an economic benefit, directly or indirectly, from the agent;
(16) "Registration" means registration as an athlete agent under this part;
(17) "Sign" means, with present intent to authenticate or adopt a record: (A) To execute or adopt a tangible symbol; or (B) To attach to or logically associate with the record an electronic symbol, sound, or process;
(A) To execute or adopt a tangible symbol; or
(B) To attach to or logically associate with the record an electronic symbol, sound, or process;
(18) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States; and
(19) "Student athlete" means an individual who is eligible to attend an educational institution and engages in, is eligible to engage in, or may be eligible in the future to engage in, any interscholastic or intercollegiate sport. The term does not include an individual permanently ineligible to participate in a particular interscholastic or intercollegiate sport for that sport.
Amended by 2019 Tenn. Acts, ch. 67,s 1, eff. 3/28/2019.
Added by 2017 Tenn. Acts, ch. 216,s 1, eff. 9/1/2017.
Tenn. Code Ann. § 49-6-1303 — TN Code / Title 49 / Chapter 6 / Section 49-6-1303
Assistance in teaching family life
Status: in_force

(a) Nothing in this part shall prohibit an LEA from utilizing the services of a qualified healthcare professional or social worker to assist in teaching family life. (b) An LEA shall not utilize the services of any individual or organization to assist in teaching family life if that individual or organization endorses student nonabstinence as an appropriate or acceptable behavior, or if that individual or organization promotes gateway sexual activity. (c) (1) A public school or open-enrollment public charter school shall not knowingly enter into a transaction to assist in teaching family life with an individual or entity that: (A) Performs abortions; (B) Induces abortions; (C) Provides abortion referrals; or (D) Provides funding, advocacy, or other support for abortion. (2) A violation of this section is a violation of § 49-5-1004 and subjects the individual or entity in violation to discipline in accordance with that section. (3) As used in this subsection (c): (A) "Abortion": (i) Means the act of using or prescribing an instrument, medicine, drug, device, or other substance or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child; and (ii) Does not include an act described in subdivision (c)(3)(A)(i) if the act is performed with the intent to: (a) Save the life of the mother; (b) Save the life or preserve the health of the unborn child; (c) Remove a dead unborn child caused by spontaneous abortion; or (d) Remove an ectopic pregnancy; (B) "Abortion referral" means the act of recommending a pregnant woman to a doctor, clinic, or other person or entity for the purpose of obtaining or learning about obtaining an abortion; (C) "Affiliate" means an individual or entity that, directly or indirectly, owns, controls, is controlled by, or is under the common control of another person or entity, in whole or in part, or a subsidiary, parent, or sibling entity; and (D) "Transaction" means a formal or informal agreement, contract, or arrangement of any kind between a public school or open-enrollment public charter school and a private entity, regardless of whether the private entity or the public school or open-enrollment public charter school receives anything of value in return. Amended by 2022 Tenn. Acts, ch. 950, s 1, eff. 6/1/2022. Acts 2012 , ch. 973, § 2.
(a) Nothing in this part shall prohibit an LEA from utilizing the services of a qualified healthcare professional or social worker to assist in teaching family life.
(b) An LEA shall not utilize the services of any individual or organization to assist in teaching family life if that individual or organization endorses student nonabstinence as an appropriate or acceptable behavior, or if that individual or organization promotes gateway sexual activity.
(c) (1) A public school or open-enrollment public charter school shall not knowingly enter into a transaction to assist in teaching family life with an individual or entity that: (A) Performs abortions; (B) Induces abortions; (C) Provides abortion referrals; or (D) Provides funding, advocacy, or other support for abortion. (2) A violation of this section is a violation of § 49-5-1004 and subjects the individual or entity in violation to discipline in accordance with that section. (3) As used in this subsection (c): (A) "Abortion": (i) Means the act of using or prescribing an instrument, medicine, drug, device, or other substance or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child; and (ii) Does not include an act described in subdivision (c)(3)(A)(i) if the act is performed with the intent to: (a) Save the life of the mother; (b) Save the life or preserve the health of the unborn child; (c) Remove a dead unborn child caused by spontaneous abortion; or (d) Remove an ectopic pregnancy; (B) "Abortion referral" means the act of recommending a pregnant woman to a doctor, clinic, or other person or entity for the purpose of obtaining or learning about obtaining an abortion; (C) "Affiliate" means an individual or entity that, directly or indirectly, owns, controls, is controlled by, or is under the common control of another person or entity, in whole or in part, or a subsidiary, parent, or sibling entity; and (D) "Transaction" means a formal or informal agreement, contract, or arrangement of any kind between a public school or open-enrollment public charter school and a private entity, regardless of whether the private entity or the public school or open-enrollment public charter school receives anything of value in return.
(1) A public school or open-enrollment public charter school shall not knowingly enter into a transaction to assist in teaching family life with an individual or entity that: (A) Performs abortions; (B) Induces abortions; (C) Provides abortion referrals; or (D) Provides funding, advocacy, or other support for abortion.
(A) Performs abortions;
(B) Induces abortions;
(C) Provides abortion referrals; or
(D) Provides funding, advocacy, or other support for abortion.
(2) A violation of this section is a violation of § 49-5-1004 and subjects the individual or entity in violation to discipline in accordance with that section.
(3) As used in this subsection (c): (A) "Abortion": (i) Means the act of using or prescribing an instrument, medicine, drug, device, or other substance or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child; and (ii) Does not include an act described in subdivision (c)(3)(A)(i) if the act is performed with the intent to: (a) Save the life of the mother; (b) Save the life or preserve the health of the unborn child; (c) Remove a dead unborn child caused by spontaneous abortion; or (d) Remove an ectopic pregnancy; (B) "Abortion referral" means the act of recommending a pregnant woman to a doctor, clinic, or other person or entity for the purpose of obtaining or learning about obtaining an abortion; (C) "Affiliate" means an individual or entity that, directly or indirectly, owns, controls, is controlled by, or is under the common control of another person or entity, in whole or in part, or a subsidiary, parent, or sibling entity; and (D) "Transaction" means a formal or informal agreement, contract, or arrangement of any kind between a public school or open-enrollment public charter school and a private entity, regardless of whether the private entity or the public school or open-enrollment public charter school receives anything of value in return.
(A) "Abortion": (i) Means the act of using or prescribing an instrument, medicine, drug, device, or other substance or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child; and (ii) Does not include an act described in subdivision (c)(3)(A)(i) if the act is performed with the intent to: (a) Save the life of the mother; (b) Save the life or preserve the health of the unborn child; (c) Remove a dead unborn child caused by spontaneous abortion; or (d) Remove an ectopic pregnancy;
(i) Means the act of using or prescribing an instrument, medicine, drug, device, or other substance or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child; and
(ii) Does not include an act described in subdivision (c)(3)(A)(i) if the act is performed with the intent to: (a) Save the life of the mother; (b) Save the life or preserve the health of the unborn child; (c) Remove a dead unborn child caused by spontaneous abortion; or (d) Remove an ectopic pregnancy;
(a) Save the life of the mother;
(b) Save the life or preserve the health of the unborn child;
(c) Remove a dead unborn child caused by spontaneous abortion; or
(d) Remove an ectopic pregnancy;
(B) "Abortion referral" means the act of recommending a pregnant woman to a doctor, clinic, or other person or entity for the purpose of obtaining or learning about obtaining an abortion;
(C) "Affiliate" means an individual or entity that, directly or indirectly, owns, controls, is controlled by, or is under the common control of another person or entity, in whole or in part, or a subsidiary, parent, or sibling entity; and
(D) "Transaction" means a formal or informal agreement, contract, or arrangement of any kind between a public school or open-enrollment public charter school and a private entity, regardless of whether the private entity or the public school or open-enrollment public charter school receives anything of value in return.
Amended by 2022 Tenn. Acts, ch. 950, s 1, eff. 6/1/2022.
Acts 2012 , ch. 973, § 2.