Tenn. Code Ann. § 49-2-203 — TN Code / Title 49 / Chapter 2 / Section 49-2-203
Duties and powers
Status: in_force

(a) It is the duty of the local board of education to: (1) Elect, upon the recommendation of the director of schools, teachers who have attained or are eligible for tenure and fix the salaries of and make written contracts with the teachers; (A) No individual shall be elected to an interim contract unless the individual so elected is to fill a vacancy created by a leave of absence as set forth in § 49-5-702 ; (B) All contracts with educational assistants will be for nonteaching positions; (C) Educational assistants shall be subject to direct supervision of certificated teachers when directly involved in the instructional program; and (D) No member of any local board of education shall be eligible for election as a teacher or any other position under the board carrying with it any salary or compensation; (2) Manage and control all public schools established or that may be established under its jurisdiction; (3) (A) Purchase all supplies, furniture, fixtures and material of every kind through the executive committee; (B) (i) All expenditures for such purposes may follow the prescribed procedures of the LEA's respective local governing body, so long as that body, through its charter, private act, or ordinance, has established a procurement procedure that provides for advertisement and competitive bidding, except that, if a newspaper advertisement is required, it may be waived in case of emergency; (ii) If the LEA chooses not to follow the local governing body's purchasing procedures, all expenditures for such purposes estimated to exceed the maximum applicable thresholds established pursuant to § 12-3-1212 must be made on competitive bids, which must be solicited by advertisement in a newspaper of general circulation in the county, except that the newspaper advertisement may be waived in the event of emergency; (iii) LEAs that have a purchasing division may use a comprehensive vendor list for the purpose of soliciting competitive bids; provided, that: (a) The vendors on the list are given notice to bid; and (b) The purchasing division periodically advertises in a newspaper of general circulation in the county for vendors and updates the list of vendors following the advertisement; (C) If the LEA chooses not to follow the local governing body's purchasing procedures, all purchases of less than the maximum applicable threshold established pursuant to § 12-3-1212 may be made in the open market without newspaper notice, but must, whenever possible, be based upon at least three (3) competitive bids; (D) (i) (a) For construction of school buildings or additions to existing buildings, the LEA may follow the prescribed procedures of its respective local governing body, so long as that body, through its charter, private act, or ordinance, has established a procurement procedure that provides for advertisement and competitive bidding; (b) If the LEA chooses not to follow the local governing body's procedure, the board shall contract, following open bids, for the construction of school buildings or additions to existing buildings, the expenditure for which is in excess of applicable amounts established pursuant to § 12-3-1212 ; (c) Public notice must be given at least ten (10) days in advance of accepting bids for the construction, and the board shall award the contract to the lowest and best bidder. Whether following local governing body procedures or those set forth in this subdivision (a)(3)(D)(i), in the event no bid is within the budgetary limits set by the board for the construction, the board may negotiate with the lowest and best bidder to bring the cost of the construction within the funds available, with the approval of the commissioner of education; (ii) Construction management services that are provided for a fee and that involve preconstruction and construction administration and management services are deemed to be professional services and may be performed by a qualified person licensed under title 62, chapter 6. Construction management services are to be procured for each project through a written request for proposals process through advertisement made pursuant to subdivision (a)(3)(B). A board may include, in a single written request for proposal process, new school construction or renovation projects at up to three (3) sites, if construction at all sites will occur at substantially the same time. The written request for proposals process will invite prospective proposers to participate and will indicate the service requirements and the factors used for evaluating the proposals. The factors shall include the construction manager's qualifications and experience on similar projects, qualifications of personnel to be assigned to the project, fees and costs or any additional factors deemed relevant by the procuring entity for procurement of the service. Cost is not to be the sole criterion for evaluation. The contract for such services shall be awarded to the best qualified and responsive proposer. A construction manager is prohibited from undertaking actual construction work on a project over which the construction manager coordinates or oversees the planning, bid or construction phases of the project, except in instances where bids have been solicited twice and no bids have been submitted. If the construction manager can document that a good faith effort was made in each bid solicitation to obtain bids and no bids were received, then the construction manager may perform the construction work at a price agreed upon by the construction manager, the architect and the owner of the project. A school system, at its own discretion, may perform work on the project with its own employees, and may include the coordination and oversight of this work as part of the services of the construction manager. Sealed bids for actual construction work shall be opened at the bid opening and the names of the contractors and their bid amounts shall be announced; (iii) Construction management agent or advisor services for the construction of school buildings or additions to existing buildings in accordance with subdivision (a)(3)(D)(ii) may be performed by: (a) A general contractor licensed in Tennessee pursuant to title 62, chapter 6; provided, that none of such services performed by a general contractor involve any of the services exempt from the requirements of title 62, chapter 6 as "normal architectural and engineering services" under § 62-6-102(4)(B) or (C) , unless, with regard to the performance of any services defined as normal architectural and engineering services, the general contractor is also licensed as an architect or engineer under title 62, chapter 2; or (b) An architect or an engineer licensed pursuant to title 62, chapter 2; provided, that none of such services performed by an architect or engineer involve any of the services required to be performed by a contractor within the definition of "contractor" under § 62-6-102 , unless with regard to the performance of any services included within the definition of contractor, the architect or engineer is also licensed as a contractor under title 62, chapter 6; (iv) Construction work that is under the coordination and oversight of a construction manager shall be procured through competitive bids as provided in this subsection (a); (E) No board of education shall be precluded from purchasing materials and employing labor for the construction of school buildings or additions to school buildings; (F) Subdivisions (a)(3)(B), (C) and (E) apply to local boards of education of all counties, municipalities and special school districts; provided, however, that subdivisions (a)(3)(B) and (C) shall not apply to purchases by or for a county's or metropolitan government's board of education in counties with a population of not less than two hundred thousand (200,000), according to any federal census, so long as the county, through county or metropolitan government charter, private act, or ordinance, establishes a procedure regarding purchasing that provides for advertisement and competitive bidding and sets a dollar amount for each purchase requiring advertisement and competitive bidding; and provided, further, that purchases of less than the dollar amount requiring advertisement and competitive bidding shall, wherever possible, be based upon at least three (3) competitive bids. Subdivision (a)(3)(D) applies to county and municipal boards of education; (G) (i) Notwithstanding any law to the contrary, contracts for energy-related services that include both engineering services and equipment, and have as their purpose the reduction of energy costs in public schools or school facilities shall be awarded on the basis of recognized competence and integrity and shall not be competitively bid; (ii) In the procurement of engineering services under this subdivision (a)(3)(G), the local board may seek qualifications and experience data from any firm or firms licensed in Tennessee and interview such firm or firms. The local board shall evaluate statements of qualifications and experience data regarding the procurement of engineering services, and shall conduct discussions with such firm or firms regarding the furnishing of required services and equipment and then shall select the firm deemed to be qualified to provide the services and equipment required; (iii) The local board shall negotiate a contract with the qualified firm for engineering services and equipment at compensation which the local board determines to be fair and reasonable to the LEA. In making such determination, the local board shall take into account the estimated value of the services to be rendered, the scope of work, complexity and professional nature thereof and the value of the equipment; (iv) Should the local board be unable to negotiate a satisfactory contract with the firm considered to be qualified, at a price determined to be fair and reasonable, negotiations shall continue with other qualified firms until an agreement is reached; (v) A local board having a satisfactory existing working relationship for engineering services and equipment under this subdivision (a)(3)(G) may expand the scope of the services; provided, that they are within the technical competency of the existing firm, without exercising this subdivision (a)(3)(G); and (vi) This subdivision (a)(3)(G) shall not prohibit or prevent the energy efficient schools council from establishing required design criteria in accordance with industry standards; (4) Order warrants drawn on the county trustee on account of the elementary and the high school funds, respectively; (5) Visit the schools whenever, in the judgment of the board, such visits are necessary; (6) Except as otherwise provided in this title, dismiss teachers, principals, supervisors and other employees upon sufficient proof of improper conduct, inefficient service or neglect of duty; provided, that no one shall be dismissed without first having been given in writing due notice of the charge or charges and an opportunity for defense; (7) Suspend, dismiss or alternatively place pupils, when the progress, safety or efficiency of the school makes it necessary or when disruptive, threatening or violent students endanger the safety of other students or school system employees; (8) Provide proper record books for the director of schools, and should the appropriate local legislative body fail or refuse to provide a suitable office and sufficient equipment for the director of schools, the local board of education may provide the office and equipment out of the elementary and the high school funds in proportion to their gross annual amounts; (9) (A) (i) Require the director of schools and the chair of the local board of education to prepare a budget on forms furnished by the commissioner, and when the budget has been approved by the local board, to submit the budget to the appropriate local legislative body. The director of schools and the chair of the local board of education shall prepare a budget according to the revenue estimates and revenue determinations made by the county legislative body under § 49-2-101(1)(D) ; (ii) No LEA shall submit a budget to the local legislative body that directly or indirectly supplants or proposes to use state funds to supplant any local current operation funds, excluding capital outlay and debt service; (B) (i) Notwithstanding any other law to the contrary, for any fiscal year, if state funding to the county for education is less than state funding to the county for education during the fiscal year 1990-1991 or less than the previous fiscal year's state funding to the county for education, except that a reduction in funding based on fewer students in the county rather than actual funding cuts shall not be considered a reduction in funding for purposes of this subdivision (a)(9)(B)(i), local funds that were appropriated and allocated to offset state funding reductions during any previous fiscal year are excluded from this maintenance of local funding effort requirement; (ii) It is the intent of subdivision (a)(9)(B)(i) to allow local governments the option to appropriate and allocate funds to make up for state cuts without being subject to a continuation of funding effort requirement as to those funds for any year during which the state reinstates the funding or restores the previous cuts, and during any subsequent year should the state fail to restore the funding cuts; (C) Subdivision (a)(9)(A)(ii) shall not apply to a newly created LEA in any county where the county and city schools are being combined for a period of three (3) years after the creation of the LEA. The county board of education shall submit its budget to the county legislative body no later than forty-five (45) days prior to the July term or forty-five (45) days prior to the actual date the budget is to be adopted by the county legislative body if the adoption is scheduled prior to July 1; (10) Prepare, or have prepared, a copy of the minutes of each meeting of the board of education, and provide a copy of the minutes no more than thirty (30) days after the board meeting or at the time they are provided to members of the board, if such is earlier, to the president of each local education association. Any subsequent corrections, modifications or changes shall be distributed in the same manner; (11) Adopt and enforce, in accordance with guidelines prescribed by the state board of education pursuant to § 49-6-3002 , minimum standards and policies governing student attendance, subject to availability of funds; (12) Develop and implement an evaluation plan for all certificated employees in accordance with the guidelines and criteria of the state board of education, and submit the plan to the commissioner for approval; (13) (A) Notwithstanding any other public or private act to the contrary, employ a director of schools under a written contract of up to four (4) years' duration, which may be renewed. No school board, however, may either terminate, without cause, or enter into a contract with any director of schools during a period extending from forty-five (45) days prior to the general school board election until thirty (30) days following the election. Any vacancy in the office of the director that occurs within this period shall be filled on a temporary basis, not extending beyond sixty (60) days following the general school board election. An option to renew a contract that exists on May 22, 2001, may be exercised within the time period set out in this subdivision (a)(13)(A). Any such person transferred during the term of the person's contract shall not have the person's salary diminished for the remainder of the contract period. The board may dismiss the director for cause as specified in this section or in chapter 5, part 5 of this title, as appropriate. The director of schools may be referred to as the superintendent and references to or duties of the former county superintendents shall be deemed references to or duties of the director of schools employed under this section. The school board is the sole authority in appointing a director of schools; (B) Each school board shall adopt a written policy regarding the method of accepting and reviewing applications and interviewing candidates for the position of director of schools; (C) No school board shall extend the contract of a director of schools without giving notice of the intent to do so at least fifteen (15) calendar days prior to the scheduled meeting at which action shall be taken. Further, except in cases concerning allegations of criminal or professional misconduct, no school board shall terminate the contract or remove a director of schools from office without giving notice at least fifteen (15) calendar days prior to the scheduled meeting at which action shall be taken. Notice of extension or termination of a contract of a director of schools shall include the date, time and place of the meeting, and shall comport with all other requirements of §§ 8-44-103 and 49-2-202(c)(1) . The proposed action shall be published as a specific, clearly stated item on the agenda for the meeting. Such item, for the convenience of the public attending the meeting, shall be the first item on the agenda; (14) Adopt policies on the use of substitute teachers. The policies must, at a minimum, include the following provisions: (A) The required qualifications and training, including a requirement that substitute teachers receive the annual school safety training required by § 49-6-805(7) or other instruction on emergency response procedures developed by the local board of education; (B) A requirement that all substitute teachers providing instruction are subject to background check requirements pursuant to § 49-5-413 ; and (C) A prohibition against employing or contracting with any substitute teacher whose records indicate an educator license or certificate in this state or another state currently in revoked or suspended status; (15) Develop and implement an evaluation plan to be used annually for the director of schools. The plan shall include, but shall not be limited to, sections regarding job performance, student achievement, relationships with staff and personnel, relationships with board members, and relationships with the community; and (16) Adopt a policy regarding the use of artificial intelligence by students, teachers, and staff for instructional and assignment purposes. The policy must be implemented in schools no later than the 2024-2025 school year. By July 1, 2024, and by each July 1 thereafter, the board shall report to the department of education of its compliance with this subdivision (a)(16). The report must include the adopted policy and describe how the board will enforce the policy in the upcoming school year. As used in this subdivision (a)(16), "artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments and that is capable of using machine and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action. (b) The local board of education has the power to: (1) Consolidate two (2) or more schools whenever in its judgment the efficiency of the schools would be improved by the consolidation; (2) Require school children and any employees of the board to submit to a physical examination by a competent physician whenever there is reason to believe that the children or employees have tuberculosis or any other communicable disease, and upon certification from the examining physician that the children or employees have any communicable disease, to exclude them from school or service until the child or children, employer or employers, employee or employees furnish proper certificate or certificates from the examining physician or physicians showing the communicable disease to have been cured; (3) Establish night schools and part-time schools whenever in the judgment of the board they may be necessary; (4) Permit school buildings and school property to be used for public, community or recreational purposes under rules, regulations and conditions as prescribed from time to time by the board of education; (A) No member of the board or other school official shall be held liable in damages for any injury to person or property resulting from the use of school buildings or property; (B) The local board of education may lease buildings and property or the portions of buildings and property it determines are not being used or are not needed at present by the public school system to the owners or operators of private child care centers and kindergartens for the purpose of providing educational and child care services to the community. The leases may not be entered for a term exceeding five (5) years and must be on reasonable terms that are worked out between the school board and the owner or operator. The leasing arrangement entered into in accordance with this subdivision (b)(4)(B) shall not be intended or used to avoid any school integration requirement pursuant to the fourteenth amendment to the Constitution of the United States. The local board of education shall not execute any lease pursuant to this subdivision (b)(4) that would replace or supplant existing kindergarten programs or kindergarten programs maintained pursuant to the Minimum Kindergarten Program Law, codified in § 49-6-201 . This subdivision (b)(4) shall also apply to municipal boards of education; (5) Employ legal counsel to advise or represent the board; (6) Make rules providing for the organization of school safety patrols in the public schools under its jurisdiction and for the appointment, with the permission of the parents, of pupils as members of the safety patrols; (7) Establish minimum attendance requirements or standards as a condition for passing a course or grade; provided, that the requirements or standards are established prior to any school year in which they are to be applicable, are recorded in board minutes and publicized through a newspaper of general circulation prior to implementation and are printed and distributed to students prior to implementation; and provided, further, that the requirements or standards shall not violate § 49-6-3002(b) ; (8) Provide written notice to probationary teachers of specific reasons for failure of reelection pursuant to this title; provided, that any teacher so notified shall be given, upon request, a hearing to determine the validity of the reasons given for failure of reelection; provided, that: (A) The hearings shall occur no later than thirty (30) days after the teacher's request; (B) The teacher shall be allowed to appear, call witnesses and plead the teacher's cause in person or by counsel; (C) The board of education shall issue a written decision regarding continued employment of the teacher; and (D) Nothing contained in this subdivision (b)(8) shall be construed to grant tenure or the expectation of continued employment to any person; (9) Offer and pay a bonus or other monetary incentive to encourage the retirement of any teacher or other employee who is eligible to retire. For purposes of this subdivision (b)(9), "local board of education" means the board of education of any county, municipal or special school system; (10) Lease or sell buildings and property or the portions of buildings or property it determines are not being used or are not needed at present by the public school system in the manner deemed by the board to be in the best interest of the school system and the community that the system serves. In determining the best interest of the community, the board may seek and consider recommendations from the planning commission serving the community. No member of the local or county board or other school official shall be held liable in damages for any injury to person or property resulting from the use of the school buildings or property. No lease or sale shall be used to avoid any school integration requirement. A local board of education may also dispose of surplus property as provided in §§ 49-6-2006 and 49-6-2007 , it being the legislative intent that a local board at its discretion may dispose of surplus property to private owners as well as civic or community groups as provided by this subdivision (b)(10); (11) Establish and operate before and after school care programs in connection with any schools, before or after the regular school day and while school is not in session. Tennessee investment in student achievement formula (TISA) funds and required local contributions cannot be used in connection with the operation of a before or after school care program. The board may charge a fee of any child attending a before or after school care program; (12) Contract for the management and operation of the alternative schools provided for in § 49-6-3402 with any other agency of local government; (13) Include in student handbooks, or other information disseminated to parents and guardians, information on contacting child advocacy groups and information on how to contact the state department of education for information on student rights and services; (14) Cooperate with community organizations in offering extended learning opportunities; (15) Apply for and receive federal or private grants for educational purposes. Notwithstanding title 5, chapter 9, part 4, except for grants requiring matching funds, in-kind contributions of real property or expenditures beyond the life of the grant, appropriations of federal or private grant funds shall be made upon resolution passed by the local board of education and shall comply with the requirements established by the granting entity. A county board of education or city board of education shall provide a copy of such resolution to the local legislative body as notice of the board's actions within seven (7) days of the resolution's passage; and (16) Operate ungraded or unstructured classes in grades kindergarten through three (K-3). The operation of ungraded or unstructured classes does not impair the LEA's ability to receive funds under the Tennessee investment in student achievement formula (TISA). (c) (1) Notwithstanding title 8, chapter 44, part 1, a local board of education may conduct a scheduled board meeting by electronic means, including, but not limited to, telephone, videoconferencing, or other web-based media pursuant to this subsection (c). (2) A board meeting shall not be conducted with electronic participation unless a quorum of members is physically present at the location of the meeting. (3) A board member may only participate electronically in a scheduled board meeting pursuant to this subsection (c) if: (A) The member participating by electronic means can be visually identified by the chair; and (B) (i) The member is out of the county due to work; provided, that the member participates electronically for such reason no more than two (2) times per year; (ii) The member is sick or in a period of convalescence on the advice of a healthcare professional that the member not appear in person; provided, that the member participates electronically for such reason no more than three (3) times per year; (iii) The member is out due to inclement weather or natural disaster if the schools in the LEA are closed; provided, that the member participates electronically for such reason no more than three (3) times per year; (iv) The member has a family emergency that inhibits the member from attending the board meeting in person; provided, that the member participates electronically for such reason no more than two (2) times per year; or (v) The member is out of the county due to military service. (4) A board member wishing to participate in a scheduled board meeting electronically who is or will be out of the county because of work shall give at least five (5) days' notice prior to the scheduled board meeting of the member's intention to participate electronically. (5) The local board of education shall develop a policy for conducting electronic meetings pursuant to this subsection (c). (d) (1) (A) Notwithstanding any law to the contrary, the local boards of education, the municipal legislative bodies, and the county legislative body are authorized to negotiate and enter into a binding agreement that addresses the municipality's or county's responsibility to remit certain gross receipt taxes owed by the municipality or county, under § 57-4-306(a)(2) , as such subdivision existed prior to July 1, 2014, if: (i) At any time prior to entering the binding agreement authorized in subdivision (d)(1)(A), a municipality or county has received from the commissioner of revenue gross receipt taxes collected by the department under § 57-4-301(c) and as authorized by § 57-4-306(a)(2) , as such subdivision existed prior to July 1, 2014; and (ii) Thereafter the municipality or county, acting in good faith did not remit the proceeds to the appropriate school fund, system, or systems as required by § 57-4-306(a)(2) , as such subdivision existed prior to July 1, 2014. (B) Such agreement, in determining the municipality's or county's responsibility to remit certain gross receipt taxes owed by the municipality or county, under § 57-4-306(a)(2) , as such subdivision existed prior to July 1, 2014, may permit the municipality or county to offset its liability in whole or in part by past, present or future appropriations, expenditures, allocation of revenue, gifts, capital projects or other similar payments, grants, or any consideration made by the municipality or county to the school system, on behalf of the school system, or otherwise directly benefitting the school system. (2) Such agreement shall be entered into and approved no later than August 31, 2014, and shall be the final understanding of the obligations between the parties and shall not be subject to additional requests or demands. A copy of this agreement shall be filed with the comptroller of the treasury and the commissioner of revenue. If any party defaults, then the aggrieved party shall notify the comptroller of the default. The comptroller shall deliver by certified mail a written notice of such default to the defaulting party within five (5) business days of receiving the notice. In the event the defaulting party fails to cure the default within sixty (60) days of the receipt of such notice, the comptroller shall direct the commissioner to withhold future distributions of proceeds authorized under § 57-4-306(a)(2) , as such subdivision existed prior to July 1, 2014, to the defaulting party. Upon the commissioner's withholding of the proceeds, an aggrieved party shall have the authority to pursue equitable relief against the defaulting party in the chancery court of Davidson County. Upon receipt of a copy of the final judgment of the court, the commissioner shall distribute all withheld proceeds to the defaulting party, which shall remit such proceeds to the aggrieved party pursuant to the judgment. If the amount of the judgment is not satisfied by the withheld proceeds, the defaulting party shall be solely responsible for remitting future proceeds to the aggrieved party pursuant to the judgment. (3) (A) If by September 1, 2014, the local boards of education, the municipal legislative bodies, and the county legislative body fail to enter into a binding agreement as authorized under subdivision (d)(1)(A), then any party may: (i) Seek equitable relief in the chancery court of Davidson County; or (ii) Request the comptroller to undertake binding arbitration to resolve any disagreements. The comptroller shall select the arbitrator. (B) Such equitable relief shall be limited to those proceeds received by the local political subdivision pursuant to § 57-4-306(a)(2) , as such subdivision existed prior to July 1, 2014, and not remitted to the proper fund, system or systems as required by § 57-4-306(a)(2) , as such subdivision existed prior to July 1, 2014, from July 1, 1999, to June 30, 2014. The amount owed the appropriate school fund, system, or systems may be paid in equal installments, but not to exceed ten (10) years. (C) All costs incurred by the comptroller of the treasury and the department of revenue under this subdivision (d)(3) shall be born equally by the parties. (D) In the event a party fails to pursue the remedies available pursuant to subdivision (d)(3)(A)(i) or (d)(3)(A)(ii) by December 31, 2014, then the party shall be barred from any other relief for proceeds received by a local political subdivision prior to July 1, 2014. (4) As the historical records of the comptroller of the treasury and the department of revenue permit, the comptroller of the treasury is authorized to provide to the local boards of education, the municipal legislative bodies, and the county legislative body the amount of the proceeds distributed to the local political subdivisions by the department under § 57-4-306(a)(2) , as such subdivision existed prior to July 1, 2014. (5) This subsection (d) shall not apply to any action, case, or proceeding commenced prior to June 1, 2014. (6) Any agreement to address a municipality's or county's responsibility to remit certain gross receipt taxes owed by the municipality or county under § 57-4-306(a)(2) entered into prior to May 13, 2014, is hereby ratified and this subsection (d) shall not apply to such agreements. (7) This subsection (d) shall not apply in counties having a population, according to the 2010 federal census or any subsequent federal census of: not less than: nor more than: 98,900.................... 99,000 336,400.................... 336,500 (e) Notwithstanding any public or private act to the contrary, a local board of education's administrative office may be located within a building owned by the United States government, or an agency or instrumentality of the United States government, pursuant to a lease or easement authorized by the United States government. Amended by 2024 Tenn. Acts, ch. 735,s 1, eff. 4/19/2024. Amended by 2024 Tenn. Acts, ch. 550,s 2, eff. 3/11/2024. Amended by 2024 Tenn. Acts, ch. 513,s 16, eff. 3/1/2024. Amended by 2024 Tenn. Acts, ch. 513,s 15, eff. 3/1/2024. Amended by 2024 Tenn. Acts, ch. 513,s 14, eff. 3/1/2024. Amended by 2022 Tenn. Acts, ch. 966, s 45, eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 966, s 44, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 350, s 1, eff. 5/5/2023. Amended by 2022 Tenn. Acts, ch. 686, s 5, eff. 3/28/2022. Amended by 2021 Tenn. Acts, ch. 310, Secs.s 2, s 3 eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 310, s 1, eff. 7/1/2021. Amended by 2020 Tenn. Acts, ch. 618, s 1, eff. 3/25/2020. Amended by 2020 Tenn. Acts, ch. 576, s 2, eff. 3/19/2020. Amended by 2019 Tenn. Acts, ch. 248, Secs.s 13, s 25, s 26, s 27 eff. 5/2/2019. Amended by 2016 Tenn. Acts, ch. 532, s 1, eff. 2/24/2016. Amended by 2014 Tenn. Acts, ch. 901, s 2, eff. 5/13/2014. Amended by 2013 Tenn. Acts, ch. 281, s 1, eff. 4/25/2013. Acts 1925, ch. 115, § 6; Shan. Supp., §§ 1487a35, 1487a36; Code 1932, ch. 175, § 1; Code 1932, § 2326; Acts 1947, ch. 92, § 17; 1947, ch. 142, §§ 1, 2; 1949, ch. 102, § 1; mod. C. Supp. 1950, § 2326 (Williams, §§ 2326, 2326.1, 2496.1); Acts 1957, ch. 90, § 2; 1974, ch. 654, §§ 14-22; 1975, ch. 56, § 1; modified; Acts 1977, ch. 184, § 1; 1977, ch. 196, §§ 1, 2; 1977, ch. 243, § 1; 1979, ch. 19, § 1; 1979, ch. 221, § 1; 1981, ch. 150, § 1; 1981, ch. 187, § 1; 1981, ch. 200, § 1; 1982, ch. 765, § 1; 1983, ch. 243, § 2; 1983, ch. 296, § 1; 1983, ch. 362, § 1; 1983, ch. 367, § 1; T.C.A. (orig. ed.), §§ 49-214, 49-215; Acts 1984 (1st Ex. Sess.), ch. 7, § 94; 1984, ch. 549, § 1; 1984, ch. 596, § 1; 1986, ch. 521, §§ 1, 2, 4, 5; 1986, ch. 689, § 1; 1987, ch. 280, §§ 1, 3; 1988, ch. 479, § 1; 1988, ch. 640, § 1; 1988, ch. 659, § 1; 1989, ch. 37, § 1; 1989, ch. 199, § 1; 1990, ch. 711, § 1; 1990, ch. 903, § 1; 1992, ch. 535, §§ 7, 8, 20, 48; 1992, ch. 603, § 1; 1992, ch. 657, §§ 1, 2, 4, 6; 1995, ch. 179, §§ 9, 10; 1996, ch. 923, §§ 1, 2; 1996, ch. 988, § 9; 1996, ch. 1079, § 183; 1998, ch. 1060, § 1; 2000, ch. 981, § 38; 2001, ch. 269, § 1; 2001, ch. 270, § 1; 2002, ch. 770, § 1; 2002, ch. 824, §§ 1, 2; 2004, ch. 585, § 1; 2004, ch. 764, § 1; 2005, ch. 462, § 1; 2006, ch. 567, §§ 1 - 3; 2006, ch. 664, §§ 1, 2; 2006, ch. 751, §§ 1, 2; 2006, ch. 848, § 1; 2007 , ch. 315, § 1; 2008 , ch. 647, § 1; 2008 , ch. 683, § 1; 2008 , ch. 940, § 1; 2009 , ch. 514, § 1; 2010 , ch. 755, § 1; 2011 , ch. 138, § 1; 2012 , ch. 823, §§ 1, 2; 2012 , ch. 905, § 1; 2012 , ch. 934, § 1.
(a) It is the duty of the local board of education to: (1) Elect, upon the recommendation of the director of schools, teachers who have attained or are eligible for tenure and fix the salaries of and make written contracts with the teachers; (A) No individual shall be elected to an interim contract unless the individual so elected is to fill a vacancy created by a leave of absence as set forth in § 49-5-702 ; (B) All contracts with educational assistants will be for nonteaching positions; (C) Educational assistants shall be subject to direct supervision of certificated teachers when directly involved in the instructional program; and (D) No member of any local board of education shall be eligible for election as a teacher or any other position under the board carrying with it any salary or compensation; (2) Manage and control all public schools established or that may be established under its jurisdiction; (3) (A) Purchase all supplies, furniture, fixtures and material of every kind through the executive committee; (B) (i) All expenditures for such purposes may follow the prescribed procedures of the LEA's respective local governing body, so long as that body, through its charter, private act, or ordinance, has established a procurement procedure that provides for advertisement and competitive bidding, except that, if a newspaper advertisement is required, it may be waived in case of emergency; (ii) If the LEA chooses not to follow the local governing body's purchasing procedures, all expenditures for such purposes estimated to exceed the maximum applicable thresholds established pursuant to § 12-3-1212 must be made on competitive bids, which must be solicited by advertisement in a newspaper of general circulation in the county, except that the newspaper advertisement may be waived in the event of emergency; (iii) LEAs that have a purchasing division may use a comprehensive vendor list for the purpose of soliciting competitive bids; provided, that: (a) The vendors on the list are given notice to bid; and (b) The purchasing division periodically advertises in a newspaper of general circulation in the county for vendors and updates the list of vendors following the advertisement; (C) If the LEA chooses not to follow the local governing body's purchasing procedures, all purchases of less than the maximum applicable threshold established pursuant to § 12-3-1212 may be made in the open market without newspaper notice, but must, whenever possible, be based upon at least three (3) competitive bids; (D) (i) (a) For construction of school buildings or additions to existing buildings, the LEA may follow the prescribed procedures of its respective local governing body, so long as that body, through its charter, private act, or ordinance, has established a procurement procedure that provides for advertisement and competitive bidding; (b) If the LEA chooses not to follow the local governing body's procedure, the board shall contract, following open bids, for the construction of school buildings or additions to existing buildings, the expenditure for which is in excess of applicable amounts established pursuant to § 12-3-1212 ; (c) Public notice must be given at least ten (10) days in advance of accepting bids for the construction, and the board shall award the contract to the lowest and best bidder. Whether following local governing body procedures or those set forth in this subdivision (a)(3)(D)(i), in the event no bid is within the budgetary limits set by the board for the construction, the board may negotiate with the lowest and best bidder to bring the cost of the construction within the funds available, with the approval of the commissioner of education; (ii) Construction management services that are provided for a fee and that involve preconstruction and construction administration and management services are deemed to be professional services and may be performed by a qualified person licensed under title 62, chapter 6. Construction management services are to be procured for each project through a written request for proposals process through advertisement made pursuant to subdivision (a)(3)(B). A board may include, in a single written request for proposal process, new school construction or renovation projects at up to three (3) sites, if construction at all sites will occur at substantially the same time. The written request for proposals process will invite prospective proposers to participate and will indicate the service requirements and the factors used for evaluating the proposals. The factors shall include the construction manager's qualifications and experience on similar projects, qualifications of personnel to be assigned to the project, fees and costs or any additional factors deemed relevant by the procuring entity for procurement of the service. Cost is not to be the sole criterion for evaluation. The contract for such services shall be awarded to the best qualified and responsive proposer. A construction manager is prohibited from undertaking actual construction work on a project over which the construction manager coordinates or oversees the planning, bid or construction phases of the project, except in instances where bids have been solicited twice and no bids have been submitted. If the construction manager can document that a good faith effort was made in each bid solicitation to obtain bids and no bids were received, then the construction manager may perform the construction work at a price agreed upon by the construction manager, the architect and the owner of the project. A school system, at its own discretion, may perform work on the project with its own employees, and may include the coordination and oversight of this work as part of the services of the construction manager. Sealed bids for actual construction work shall be opened at the bid opening and the names of the contractors and their bid amounts shall be announced; (iii) Construction management agent or advisor services for the construction of school buildings or additions to existing buildings in accordance with subdivision (a)(3)(D)(ii) may be performed by: (a) A general contractor licensed in Tennessee pursuant to title 62, chapter 6; provided, that none of such services performed by a general contractor involve any of the services exempt from the requirements of title 62, chapter 6 as "normal architectural and engineering services" under § 62-6-102(4)(B) or (C) , unless, with regard to the performance of any services defined as normal architectural and engineering services, the general contractor is also licensed as an architect or engineer under title 62, chapter 2; or (b) An architect or an engineer licensed pursuant to title 62, chapter 2; provided, that none of such services performed by an architect or engineer involve any of the services required to be performed by a contractor within the definition of "contractor" under § 62-6-102 , unless with regard to the performance of any services included within the definition of contractor, the architect or engineer is also licensed as a contractor under title 62, chapter 6; (iv) Construction work that is under the coordination and oversight of a construction manager shall be procured through competitive bids as provided in this subsection (a); (E) No board of education shall be precluded from purchasing materials and employing labor for the construction of school buildings or additions to school buildings; (F) Subdivisions (a)(3)(B), (C) and (E) apply to local boards of education of all counties, municipalities and special school districts; provided, however, that subdivisions (a)(3)(B) and (C) shall not apply to purchases by or for a county's or metropolitan government's board of education in counties with a population of not less than two hundred thousand (200,000), according to any federal census, so long as the county, through county or metropolitan government charter, private act, or ordinance, establishes a procedure regarding purchasing that provides for advertisement and competitive bidding and sets a dollar amount for each purchase requiring advertisement and competitive bidding; and provided, further, that purchases of less than the dollar amount requiring advertisement and competitive bidding shall, wherever possible, be based upon at least three (3) competitive bids. Subdivision (a)(3)(D) applies to county and municipal boards of education; (G) (i) Notwithstanding any law to the contrary, contracts for energy-related services that include both engineering services and equipment, and have as their purpose the reduction of energy costs in public schools or school facilities shall be awarded on the basis of recognized competence and integrity and shall not be competitively bid; (ii) In the procurement of engineering services under this subdivision (a)(3)(G), the local board may seek qualifications and experience data from any firm or firms licensed in Tennessee and interview such firm or firms. The local board shall evaluate statements of qualifications and experience data regarding the procurement of engineering services, and shall conduct discussions with such firm or firms regarding the furnishing of required services and equipment and then shall select the firm deemed to be qualified to provide the services and equipment required; (iii) The local board shall negotiate a contract with the qualified firm for engineering services and equipment at compensation which the local board determines to be fair and reasonable to the LEA. In making such determination, the local board shall take into account the estimated value of the services to be rendered, the scope of work, complexity and professional nature thereof and the value of the equipment; (iv) Should the local board be unable to negotiate a satisfactory contract with the firm considered to be qualified, at a price determined to be fair and reasonable, negotiations shall continue with other qualified firms until an agreement is reached; (v) A local board having a satisfactory existing working relationship for engineering services and equipment under this subdivision (a)(3)(G) may expand the scope of the services; provided, that they are within the technical competency of the existing firm, without exercising this subdivision (a)(3)(G); and (vi) This subdivision (a)(3)(G) shall not prohibit or prevent the energy efficient schools council from establishing required design criteria in accordance with industry standards; (4) Order warrants drawn on the county trustee on account of the elementary and the high school funds, respectively; (5) Visit the schools whenever, in the judgment of the board, such visits are necessary; (6) Except as otherwise provided in this title, dismiss teachers, principals, supervisors and other employees upon sufficient proof of improper conduct, inefficient service or neglect of duty; provided, that no one shall be dismissed without first having been given in writing due notice of the charge or charges and an opportunity for defense; (7) Suspend, dismiss or alternatively place pupils, when the progress, safety or efficiency of the school makes it necessary or when disruptive, threatening or violent students endanger the safety of other students or school system employees; (8) Provide proper record books for the director of schools, and should the appropriate local legislative body fail or refuse to provide a suitable office and sufficient equipment for the director of schools, the local board of education may provide the office and equipment out of the elementary and the high school funds in proportion to their gross annual amounts; (9) (A) (i) Require the director of schools and the chair of the local board of education to prepare a budget on forms furnished by the commissioner, and when the budget has been approved by the local board, to submit the budget to the appropriate local legislative body. The director of schools and the chair of the local board of education shall prepare a budget according to the revenue estimates and revenue determinations made by the county legislative body under § 49-2-101(1)(D) ; (ii) No LEA shall submit a budget to the local legislative body that directly or indirectly supplants or proposes to use state funds to supplant any local current operation funds, excluding capital outlay and debt service; (B) (i) Notwithstanding any other law to the contrary, for any fiscal year, if state funding to the county for education is less than state funding to the county for education during the fiscal year 1990-1991 or less than the previous fiscal year's state funding to the county for education, except that a reduction in funding based on fewer students in the county rather than actual funding cuts shall not be considered a reduction in funding for purposes of this subdivision (a)(9)(B)(i), local funds that were appropriated and allocated to offset state funding reductions during any previous fiscal year are excluded from this maintenance of local funding effort requirement; (ii) It is the intent of subdivision (a)(9)(B)(i) to allow local governments the option to appropriate and allocate funds to make up for state cuts without being subject to a continuation of funding effort requirement as to those funds for any year during which the state reinstates the funding or restores the previous cuts, and during any subsequent year should the state fail to restore the funding cuts; (C) Subdivision (a)(9)(A)(ii) shall not apply to a newly created LEA in any county where the county and city schools are being combined for a period of three (3) years after the creation of the LEA. The county board of education shall submit its budget to the county legislative body no later than forty-five (45) days prior to the July term or forty-five (45) days prior to the actual date the budget is to be adopted by the county legislative body if the adoption is scheduled prior to July 1; (10) Prepare, or have prepared, a copy of the minutes of each meeting of the board of education, and provide a copy of the minutes no more than thirty (30) days after the board meeting or at the time they are provided to members of the board, if such is earlier, to the president of each local education association. Any subsequent corrections, modifications or changes shall be distributed in the same manner; (11) Adopt and enforce, in accordance with guidelines prescribed by the state board of education pursuant to § 49-6-3002 , minimum standards and policies governing student attendance, subject to availability of funds; (12) Develop and implement an evaluation plan for all certificated employees in accordance with the guidelines and criteria of the state board of education, and submit the plan to the commissioner for approval; (13) (A) Notwithstanding any other public or private act to the contrary, employ a director of schools under a written contract of up to four (4) years' duration, which may be renewed. No school board, however, may either terminate, without cause, or enter into a contract with any director of schools during a period extending from forty-five (45) days prior to the general school board election until thirty (30) days following the election. Any vacancy in the office of the director that occurs within this period shall be filled on a temporary basis, not extending beyond sixty (60) days following the general school board election. An option to renew a contract that exists on May 22, 2001, may be exercised within the time period set out in this subdivision (a)(13)(A). Any such person transferred during the term of the person's contract shall not have the person's salary diminished for the remainder of the contract period. The board may dismiss the director for cause as specified in this section or in chapter 5, part 5 of this title, as appropriate. The director of schools may be referred to as the superintendent and references to or duties of the former county superintendents shall be deemed references to or duties of the director of schools employed under this section. The school board is the sole authority in appointing a director of schools; (B) Each school board shall adopt a written policy regarding the method of accepting and reviewing applications and interviewing candidates for the position of director of schools; (C) No school board shall extend the contract of a director of schools without giving notice of the intent to do so at least fifteen (15) calendar days prior to the scheduled meeting at which action shall be taken. Further, except in cases concerning allegations of criminal or professional misconduct, no school board shall terminate the contract or remove a director of schools from office without giving notice at least fifteen (15) calendar days prior to the scheduled meeting at which action shall be taken. Notice of extension or termination of a contract of a director of schools shall include the date, time and place of the meeting, and shall comport with all other requirements of §§ 8-44-103 and 49-2-202(c)(1) . The proposed action shall be published as a specific, clearly stated item on the agenda for the meeting. Such item, for the convenience of the public attending the meeting, shall be the first item on the agenda; (14) Adopt policies on the use of substitute teachers. The policies must, at a minimum, include the following provisions: (A) The required qualifications and training, including a requirement that substitute teachers receive the annual school safety training required by § 49-6-805(7) or other instruction on emergency response procedures developed by the local board of education; (B) A requirement that all substitute teachers providing instruction are subject to background check requirements pursuant to § 49-5-413 ; and (C) A prohibition against employing or contracting with any substitute teacher whose records indicate an educator license or certificate in this state or another state currently in revoked or suspended status; (15) Develop and implement an evaluation plan to be used annually for the director of schools. The plan shall include, but shall not be limited to, sections regarding job performance, student achievement, relationships with staff and personnel, relationships with board members, and relationships with the community; and (16) Adopt a policy regarding the use of artificial intelligence by students, teachers, and staff for instructional and assignment purposes. The policy must be implemented in schools no later than the 2024-2025 school year. By July 1, 2024, and by each July 1 thereafter, the board shall report to the department of education of its compliance with this subdivision (a)(16). The report must include the adopted policy and describe how the board will enforce the policy in the upcoming school year. As used in this subdivision (a)(16), "artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments and that is capable of using machine and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action.
(1) Elect, upon the recommendation of the director of schools, teachers who have attained or are eligible for tenure and fix the salaries of and make written contracts with the teachers; (A) No individual shall be elected to an interim contract unless the individual so elected is to fill a vacancy created by a leave of absence as set forth in § 49-5-702 ; (B) All contracts with educational assistants will be for nonteaching positions; (C) Educational assistants shall be subject to direct supervision of certificated teachers when directly involved in the instructional program; and (D) No member of any local board of education shall be eligible for election as a teacher or any other position under the board carrying with it any salary or compensation;
(A) No individual shall be elected to an interim contract unless the individual so elected is to fill a vacancy created by a leave of absence as set forth in § 49-5-702 ;
(B) All contracts with educational assistants will be for nonteaching positions;
(C) Educational assistants shall be subject to direct supervision of certificated teachers when directly involved in the instructional program; and
(D) No member of any local board of education shall be eligible for election as a teacher or any other position under the board carrying with it any salary or compensation;
(2) Manage and control all public schools established or that may be established under its jurisdiction;
(3) (A) Purchase all supplies, furniture, fixtures and material of every kind through the executive committee; (B) (i) All expenditures for such purposes may follow the prescribed procedures of the LEA's respective local governing body, so long as that body, through its charter, private act, or ordinance, has established a procurement procedure that provides for advertisement and competitive bidding, except that, if a newspaper advertisement is required, it may be waived in case of emergency; (ii) If the LEA chooses not to follow the local governing body's purchasing procedures, all expenditures for such purposes estimated to exceed the maximum applicable thresholds established pursuant to § 12-3-1212 must be made on competitive bids, which must be solicited by advertisement in a newspaper of general circulation in the county, except that the newspaper advertisement may be waived in the event of emergency; (iii) LEAs that have a purchasing division may use a comprehensive vendor list for the purpose of soliciting competitive bids; provided, that: (a) The vendors on the list are given notice to bid; and (b) The purchasing division periodically advertises in a newspaper of general circulation in the county for vendors and updates the list of vendors following the advertisement; (C) If the LEA chooses not to follow the local governing body's purchasing procedures, all purchases of less than the maximum applicable threshold established pursuant to § 12-3-1212 may be made in the open market without newspaper notice, but must, whenever possible, be based upon at least three (3) competitive bids; (D) (i) (a) For construction of school buildings or additions to existing buildings, the LEA may follow the prescribed procedures of its respective local governing body, so long as that body, through its charter, private act, or ordinance, has established a procurement procedure that provides for advertisement and competitive bidding; (b) If the LEA chooses not to follow the local governing body's procedure, the board shall contract, following open bids, for the construction of school buildings or additions to existing buildings, the expenditure for which is in excess of applicable amounts established pursuant to § 12-3-1212 ; (c) Public notice must be given at least ten (10) days in advance of accepting bids for the construction, and the board shall award the contract to the lowest and best bidder. Whether following local governing body procedures or those set forth in this subdivision (a)(3)(D)(i), in the event no bid is within the budgetary limits set by the board for the construction, the board may negotiate with the lowest and best bidder to bring the cost of the construction within the funds available, with the approval of the commissioner of education; (ii) Construction management services that are provided for a fee and that involve preconstruction and construction administration and management services are deemed to be professional services and may be performed by a qualified person licensed under title 62, chapter 6. Construction management services are to be procured for each project through a written request for proposals process through advertisement made pursuant to subdivision (a)(3)(B). A board may include, in a single written request for proposal process, new school construction or renovation projects at up to three (3) sites, if construction at all sites will occur at substantially the same time. The written request for proposals process will invite prospective proposers to participate and will indicate the service requirements and the factors used for evaluating the proposals. The factors shall include the construction manager's qualifications and experience on similar projects, qualifications of personnel to be assigned to the project, fees and costs or any additional factors deemed relevant by the procuring entity for procurement of the service. Cost is not to be the sole criterion for evaluation. The contract for such services shall be awarded to the best qualified and responsive proposer. A construction manager is prohibited from undertaking actual construction work on a project over which the construction manager coordinates or oversees the planning, bid or construction phases of the project, except in instances where bids have been solicited twice and no bids have been submitted. If the construction manager can document that a good faith effort was made in each bid solicitation to obtain bids and no bids were received, then the construction manager may perform the construction work at a price agreed upon by the construction manager, the architect and the owner of the project. A school system, at its own discretion, may perform work on the project with its own employees, and may include the coordination and oversight of this work as part of the services of the construction manager. Sealed bids for actual construction work shall be opened at the bid opening and the names of the contractors and their bid amounts shall be announced; (iii) Construction management agent or advisor services for the construction of school buildings or additions to existing buildings in accordance with subdivision (a)(3)(D)(ii) may be performed by: (a) A general contractor licensed in Tennessee pursuant to title 62, chapter 6; provided, that none of such services performed by a general contractor involve any of the services exempt from the requirements of title 62, chapter 6 as "normal architectural and engineering services" under § 62-6-102(4)(B) or (C) , unless, with regard to the performance of any services defined as normal architectural and engineering services, the general contractor is also licensed as an architect or engineer under title 62, chapter 2; or (b) An architect or an engineer licensed pursuant to title 62, chapter 2; provided, that none of such services performed by an architect or engineer involve any of the services required to be performed by a contractor within the definition of "contractor" under § 62-6-102 , unless with regard to the performance of any services included within the definition of contractor, the architect or engineer is also licensed as a contractor under title 62, chapter 6; (iv) Construction work that is under the coordination and oversight of a construction manager shall be procured through competitive bids as provided in this subsection (a); (E) No board of education shall be precluded from purchasing materials and employing labor for the construction of school buildings or additions to school buildings; (F) Subdivisions (a)(3)(B), (C) and (E) apply to local boards of education of all counties, municipalities and special school districts; provided, however, that subdivisions (a)(3)(B) and (C) shall not apply to purchases by or for a county's or metropolitan government's board of education in counties with a population of not less than two hundred thousand (200,000), according to any federal census, so long as the county, through county or metropolitan government charter, private act, or ordinance, establishes a procedure regarding purchasing that provides for advertisement and competitive bidding and sets a dollar amount for each purchase requiring advertisement and competitive bidding; and provided, further, that purchases of less than the dollar amount requiring advertisement and competitive bidding shall, wherever possible, be based upon at least three (3) competitive bids. Subdivision (a)(3)(D) applies to county and municipal boards of education; (G) (i) Notwithstanding any law to the contrary, contracts for energy-related services that include both engineering services and equipment, and have as their purpose the reduction of energy costs in public schools or school facilities shall be awarded on the basis of recognized competence and integrity and shall not be competitively bid; (ii) In the procurement of engineering services under this subdivision (a)(3)(G), the local board may seek qualifications and experience data from any firm or firms licensed in Tennessee and interview such firm or firms. The local board shall evaluate statements of qualifications and experience data regarding the procurement of engineering services, and shall conduct discussions with such firm or firms regarding the furnishing of required services and equipment and then shall select the firm deemed to be qualified to provide the services and equipment required; (iii) The local board shall negotiate a contract with the qualified firm for engineering services and equipment at compensation which the local board determines to be fair and reasonable to the LEA. In making such determination, the local board shall take into account the estimated value of the services to be rendered, the scope of work, complexity and professional nature thereof and the value of the equipment; (iv) Should the local board be unable to negotiate a satisfactory contract with the firm considered to be qualified, at a price determined to be fair and reasonable, negotiations shall continue with other qualified firms until an agreement is reached; (v) A local board having a satisfactory existing working relationship for engineering services and equipment under this subdivision (a)(3)(G) may expand the scope of the services; provided, that they are within the technical competency of the existing firm, without exercising this subdivision (a)(3)(G); and (vi) This subdivision (a)(3)(G) shall not prohibit or prevent the energy efficient schools council from establishing required design criteria in accordance with industry standards;
(A) Purchase all supplies, furniture, fixtures and material of every kind through the executive committee;
(B) (i) All expenditures for such purposes may follow the prescribed procedures of the LEA's respective local governing body, so long as that body, through its charter, private act, or ordinance, has established a procurement procedure that provides for advertisement and competitive bidding, except that, if a newspaper advertisement is required, it may be waived in case of emergency; (ii) If the LEA chooses not to follow the local governing body's purchasing procedures, all expenditures for such purposes estimated to exceed the maximum applicable thresholds established pursuant to § 12-3-1212 must be made on competitive bids, which must be solicited by advertisement in a newspaper of general circulation in the county, except that the newspaper advertisement may be waived in the event of emergency; (iii) LEAs that have a purchasing division may use a comprehensive vendor list for the purpose of soliciting competitive bids; provided, that: (a) The vendors on the list are given notice to bid; and (b) The purchasing division periodically advertises in a newspaper of general circulation in the county for vendors and updates the list of vendors following the advertisement;
(i) All expenditures for such purposes may follow the prescribed procedures of the LEA's respective local governing body, so long as that body, through its charter, private act, or ordinance, has established a procurement procedure that provides for advertisement and competitive bidding, except that, if a newspaper advertisement is required, it may be waived in case of emergency;
(ii) If the LEA chooses not to follow the local governing body's purchasing procedures, all expenditures for such purposes estimated to exceed the maximum applicable thresholds established pursuant to § 12-3-1212 must be made on competitive bids, which must be solicited by advertisement in a newspaper of general circulation in the county, except that the newspaper advertisement may be waived in the event of emergency;
(iii) LEAs that have a purchasing division may use a comprehensive vendor list for the purpose of soliciting competitive bids; provided, that: (a) The vendors on the list are given notice to bid; and (b) The purchasing division periodically advertises in a newspaper of general circulation in the county for vendors and updates the list of vendors following the advertisement;
(a) The vendors on the list are given notice to bid; and
(b) The purchasing division periodically advertises in a newspaper of general circulation in the county for vendors and updates the list of vendors following the advertisement;
(C) If the LEA chooses not to follow the local governing body's purchasing procedures, all purchases of less than the maximum applicable threshold established pursuant to § 12-3-1212 may be made in the open market without newspaper notice, but must, whenever possible, be based upon at least three (3) competitive bids;
(D) (i) (a) For construction of school buildings or additions to existing buildings, the LEA may follow the prescribed procedures of its respective local governing body, so long as that body, through its charter, private act, or ordinance, has established a procurement procedure that provides for advertisement and competitive bidding; (b) If the LEA chooses not to follow the local governing body's procedure, the board shall contract, following open bids, for the construction of school buildings or additions to existing buildings, the expenditure for which is in excess of applicable amounts established pursuant to § 12-3-1212 ; (c) Public notice must be given at least ten (10) days in advance of accepting bids for the construction, and the board shall award the contract to the lowest and best bidder. Whether following local governing body procedures or those set forth in this subdivision (a)(3)(D)(i), in the event no bid is within the budgetary limits set by the board for the construction, the board may negotiate with the lowest and best bidder to bring the cost of the construction within the funds available, with the approval of the commissioner of education; (ii) Construction management services that are provided for a fee and that involve preconstruction and construction administration and management services are deemed to be professional services and may be performed by a qualified person licensed under title 62, chapter 6. Construction management services are to be procured for each project through a written request for proposals process through advertisement made pursuant to subdivision (a)(3)(B). A board may include, in a single written request for proposal process, new school construction or renovation projects at up to three (3) sites, if construction at all sites will occur at substantially the same time. The written request for proposals process will invite prospective proposers to participate and will indicate the service requirements and the factors used for evaluating the proposals. The factors shall include the construction manager's qualifications and experience on similar projects, qualifications of personnel to be assigned to the project, fees and costs or any additional factors deemed relevant by the procuring entity for procurement of the service. Cost is not to be the sole criterion for evaluation. The contract for such services shall be awarded to the best qualified and responsive proposer. A construction manager is prohibited from undertaking actual construction work on a project over which the construction manager coordinates or oversees the planning, bid or construction phases of the project, except in instances where bids have been solicited twice and no bids have been submitted. If the construction manager can document that a good faith effort was made in each bid solicitation to obtain bids and no bids were received, then the construction manager may perform the construction work at a price agreed upon by the construction manager, the architect and the owner of the project. A school system, at its own discretion, may perform work on the project with its own employees, and may include the coordination and oversight of this work as part of the services of the construction manager. Sealed bids for actual construction work shall be opened at the bid opening and the names of the contractors and their bid amounts shall be announced; (iii) Construction management agent or advisor services for the construction of school buildings or additions to existing buildings in accordance with subdivision (a)(3)(D)(ii) may be performed by: (a) A general contractor licensed in Tennessee pursuant to title 62, chapter 6; provided, that none of such services performed by a general contractor involve any of the services exempt from the requirements of title 62, chapter 6 as "normal architectural and engineering services" under § 62-6-102(4)(B) or (C) , unless, with regard to the performance of any services defined as normal architectural and engineering services, the general contractor is also licensed as an architect or engineer under title 62, chapter 2; or (b) An architect or an engineer licensed pursuant to title 62, chapter 2; provided, that none of such services performed by an architect or engineer involve any of the services required to be performed by a contractor within the definition of "contractor" under § 62-6-102 , unless with regard to the performance of any services included within the definition of contractor, the architect or engineer is also licensed as a contractor under title 62, chapter 6; (iv) Construction work that is under the coordination and oversight of a construction manager shall be procured through competitive bids as provided in this subsection (a);
(i) (a) For construction of school buildings or additions to existing buildings, the LEA may follow the prescribed procedures of its respective local governing body, so long as that body, through its charter, private act, or ordinance, has established a procurement procedure that provides for advertisement and competitive bidding; (b) If the LEA chooses not to follow the local governing body's procedure, the board shall contract, following open bids, for the construction of school buildings or additions to existing buildings, the expenditure for which is in excess of applicable amounts established pursuant to § 12-3-1212 ; (c) Public notice must be given at least ten (10) days in advance of accepting bids for the construction, and the board shall award the contract to the lowest and best bidder. Whether following local governing body procedures or those set forth in this subdivision (a)(3)(D)(i), in the event no bid is within the budgetary limits set by the board for the construction, the board may negotiate with the lowest and best bidder to bring the cost of the construction within the funds available, with the approval of the commissioner of education;
(a) For construction of school buildings or additions to existing buildings, the LEA may follow the prescribed procedures of its respective local governing body, so long as that body, through its charter, private act, or ordinance, has established a procurement procedure that provides for advertisement and competitive bidding;
(b) If the LEA chooses not to follow the local governing body's procedure, the board shall contract, following open bids, for the construction of school buildings or additions to existing buildings, the expenditure for which is in excess of applicable amounts established pursuant to § 12-3-1212 ;
(c) Public notice must be given at least ten (10) days in advance of accepting bids for the construction, and the board shall award the contract to the lowest and best bidder. Whether following local governing body procedures or those set forth in this subdivision (a)(3)(D)(i), in the event no bid is within the budgetary limits set by the board for the construction, the board may negotiate with the lowest and best bidder to bring the cost of the construction within the funds available, with the approval of the commissioner of education;
(ii) Construction management services that are provided for a fee and that involve preconstruction and construction administration and management services are deemed to be professional services and may be performed by a qualified person licensed under title 62, chapter 6. Construction management services are to be procured for each project through a written request for proposals process through advertisement made pursuant to subdivision (a)(3)(B). A board may include, in a single written request for proposal process, new school construction or renovation projects at up to three (3) sites, if construction at all sites will occur at substantially the same time. The written request for proposals process will invite prospective proposers to participate and will indicate the service requirements and the factors used for evaluating the proposals. The factors shall include the construction manager's qualifications and experience on similar projects, qualifications of personnel to be assigned to the project, fees and costs or any additional factors deemed relevant by the procuring entity for procurement of the service. Cost is not to be the sole criterion for evaluation. The contract for such services shall be awarded to the best qualified and responsive proposer. A construction manager is prohibited from undertaking actual construction work on a project over which the construction manager coordinates or oversees the planning, bid or construction phases of the project, except in instances where bids have been solicited twice and no bids have been submitted. If the construction manager can document that a good faith effort was made in each bid solicitation to obtain bids and no bids were received, then the construction manager may perform the construction work at a price agreed upon by the construction manager, the architect and the owner of the project. A school system, at its own discretion, may perform work on the project with its own employees, and may include the coordination and oversight of this work as part of the services of the construction manager. Sealed bids for actual construction work shall be opened at the bid opening and the names of the contractors and their bid amounts shall be announced;
(iii) Construction management agent or advisor services for the construction of school buildings or additions to existing buildings in accordance with subdivision (a)(3)(D)(ii) may be performed by: (a) A general contractor licensed in Tennessee pursuant to title 62, chapter 6; provided, that none of such services performed by a general contractor involve any of the services exempt from the requirements of title 62, chapter 6 as "normal architectural and engineering services" under § 62-6-102(4)(B) or (C) , unless, with regard to the performance of any services defined as normal architectural and engineering services, the general contractor is also licensed as an architect or engineer under title 62, chapter 2; or (b) An architect or an engineer licensed pursuant to title 62, chapter 2; provided, that none of such services performed by an architect or engineer involve any of the services required to be performed by a contractor within the definition of "contractor" under § 62-6-102 , unless with regard to the performance of any services included within the definition of contractor, the architect or engineer is also licensed as a contractor under title 62, chapter 6;
(a) A general contractor licensed in Tennessee pursuant to title 62, chapter 6; provided, that none of such services performed by a general contractor involve any of the services exempt from the requirements of title 62, chapter 6 as "normal architectural and engineering services" under § 62-6-102(4)(B) or (C) , unless, with regard to the performance of any services defined as normal architectural and engineering services, the general contractor is also licensed as an architect or engineer under title 62, chapter 2; or
(b) An architect or an engineer licensed pursuant to title 62, chapter 2; provided, that none of such services performed by an architect or engineer involve any of the services required to be performed by a contractor within the definition of "contractor" under § 62-6-102 , unless with regard to the performance of any services included within the definition of contractor, the architect or engineer is also licensed as a contractor under title 62, chapter 6;
(iv) Construction work that is under the coordination and oversight of a construction manager shall be procured through competitive bids as provided in this subsection (a);
(E) No board of education shall be precluded from purchasing materials and employing labor for the construction of school buildings or additions to school buildings;
(F) Subdivisions (a)(3)(B), (C) and (E) apply to local boards of education of all counties, municipalities and special school districts; provided, however, that subdivisions (a)(3)(B) and (C) shall not apply to purchases by or for a county's or metropolitan government's board of education in counties with a population of not less than two hundred thousand (200,000), according to any federal census, so long as the county, through county or metropolitan government charter, private act, or ordinance, establishes a procedure regarding purchasing that provides for advertisement and competitive bidding and sets a dollar amount for each purchase requiring advertisement and competitive bidding; and provided, further, that purchases of less than the dollar amount requiring advertisement and competitive bidding shall, wherever possible, be based upon at least three (3) competitive bids. Subdivision (a)(3)(D) applies to county and municipal boards of education;
(G) (i) Notwithstanding any law to the contrary, contracts for energy-related services that include both engineering services and equipment, and have as their purpose the reduction of energy costs in public schools or school facilities shall be awarded on the basis of recognized competence and integrity and shall not be competitively bid; (ii) In the procurement of engineering services under this subdivision (a)(3)(G), the local board may seek qualifications and experience data from any firm or firms licensed in Tennessee and interview such firm or firms. The local board shall evaluate statements of qualifications and experience data regarding the procurement of engineering services, and shall conduct discussions with such firm or firms regarding the furnishing of required services and equipment and then shall select the firm deemed to be qualified to provide the services and equipment required; (iii) The local board shall negotiate a contract with the qualified firm for engineering services and equipment at compensation which the local board determines to be fair and reasonable to the LEA. In making such determination, the local board shall take into account the estimated value of the services to be rendered, the scope of work, complexity and professional nature thereof and the value of the equipment; (iv) Should the local board be unable to negotiate a satisfactory contract with the firm considered to be qualified, at a price determined to be fair and reasonable, negotiations shall continue with other qualified firms until an agreement is reached; (v) A local board having a satisfactory existing working relationship for engineering services and equipment under this subdivision (a)(3)(G) may expand the scope of the services; provided, that they are within the technical competency of the existing firm, without exercising this subdivision (a)(3)(G); and (vi) This subdivision (a)(3)(G) shall not prohibit or prevent the energy efficient schools council from establishing required design criteria in accordance with industry standards;
(i) Notwithstanding any law to the contrary, contracts for energy-related services that include both engineering services and equipment, and have as their purpose the reduction of energy costs in public schools or school facilities shall be awarded on the basis of recognized competence and integrity and shall not be competitively bid;
(ii) In the procurement of engineering services under this subdivision (a)(3)(G), the local board may seek qualifications and experience data from any firm or firms licensed in Tennessee and interview such firm or firms. The local board shall evaluate statements of qualifications and experience data regarding the procurement of engineering services, and shall conduct discussions with such firm or firms regarding the furnishing of required services and equipment and then shall select the firm deemed to be qualified to provide the services and equipment required;
(iii) The local board shall negotiate a contract with the qualified firm for engineering services and equipment at compensation which the local board determines to be fair and reasonable to the LEA. In making such determination, the local board shall take into account the estimated value of the services to be rendered, the scope of work, complexity and professional nature thereof and the value of the equipment;
(iv) Should the local board be unable to negotiate a satisfactory contract with the firm considered to be qualified, at a price determined to be fair and reasonable, negotiations shall continue with other qualified firms until an agreement is reached;
(v) A local board having a satisfactory existing working relationship for engineering services and equipment under this subdivision (a)(3)(G) may expand the scope of the services; provided, that they are within the technical competency of the existing firm, without exercising this subdivision (a)(3)(G); and
(vi) This subdivision (a)(3)(G) shall not prohibit or prevent the energy efficient schools council from establishing required design criteria in accordance with industry standards;
(4) Order warrants drawn on the county trustee on account of the elementary and the high school funds, respectively;
(5) Visit the schools whenever, in the judgment of the board, such visits are necessary;
(6) Except as otherwise provided in this title, dismiss teachers, principals, supervisors and other employees upon sufficient proof of improper conduct, inefficient service or neglect of duty; provided, that no one shall be dismissed without first having been given in writing due notice of the charge or charges and an opportunity for defense;
(7) Suspend, dismiss or alternatively place pupils, when the progress, safety or efficiency of the school makes it necessary or when disruptive, threatening or violent students endanger the safety of other students or school system employees;
(8) Provide proper record books for the director of schools, and should the appropriate local legislative body fail or refuse to provide a suitable office and sufficient equipment for the director of schools, the local board of education may provide the office and equipment out of the elementary and the high school funds in proportion to their gross annual amounts;
(9) (A) (i) Require the director of schools and the chair of the local board of education to prepare a budget on forms furnished by the commissioner, and when the budget has been approved by the local board, to submit the budget to the appropriate local legislative body. The director of schools and the chair of the local board of education shall prepare a budget according to the revenue estimates and revenue determinations made by the county legislative body under § 49-2-101(1)(D) ; (ii) No LEA shall submit a budget to the local legislative body that directly or indirectly supplants or proposes to use state funds to supplant any local current operation funds, excluding capital outlay and debt service; (B) (i) Notwithstanding any other law to the contrary, for any fiscal year, if state funding to the county for education is less than state funding to the county for education during the fiscal year 1990-1991 or less than the previous fiscal year's state funding to the county for education, except that a reduction in funding based on fewer students in the county rather than actual funding cuts shall not be considered a reduction in funding for purposes of this subdivision (a)(9)(B)(i), local funds that were appropriated and allocated to offset state funding reductions during any previous fiscal year are excluded from this maintenance of local funding effort requirement; (ii) It is the intent of subdivision (a)(9)(B)(i) to allow local governments the option to appropriate and allocate funds to make up for state cuts without being subject to a continuation of funding effort requirement as to those funds for any year during which the state reinstates the funding or restores the previous cuts, and during any subsequent year should the state fail to restore the funding cuts; (C) Subdivision (a)(9)(A)(ii) shall not apply to a newly created LEA in any county where the county and city schools are being combined for a period of three (3) years after the creation of the LEA. The county board of education shall submit its budget to the county legislative body no later than forty-five (45) days prior to the July term or forty-five (45) days prior to the actual date the budget is to be adopted by the county legislative body if the adoption is scheduled prior to July 1;
(A) (i) Require the director of schools and the chair of the local board of education to prepare a budget on forms furnished by the commissioner, and when the budget has been approved by the local board, to submit the budget to the appropriate local legislative body. The director of schools and the chair of the local board of education shall prepare a budget according to the revenue estimates and revenue determinations made by the county legislative body under § 49-2-101(1)(D) ; (ii) No LEA shall submit a budget to the local legislative body that directly or indirectly supplants or proposes to use state funds to supplant any local current operation funds, excluding capital outlay and debt service;
(i) Require the director of schools and the chair of the local board of education to prepare a budget on forms furnished by the commissioner, and when the budget has been approved by the local board, to submit the budget to the appropriate local legislative body. The director of schools and the chair of the local board of education shall prepare a budget according to the revenue estimates and revenue determinations made by the county legislative body under § 49-2-101(1)(D) ;
(ii) No LEA shall submit a budget to the local legislative body that directly or indirectly supplants or proposes to use state funds to supplant any local current operation funds, excluding capital outlay and debt service;
(B) (i) Notwithstanding any other law to the contrary, for any fiscal year, if state funding to the county for education is less than state funding to the county for education during the fiscal year 1990-1991 or less than the previous fiscal year's state funding to the county for education, except that a reduction in funding based on fewer students in the county rather than actual funding cuts shall not be considered a reduction in funding for purposes of this subdivision (a)(9)(B)(i), local funds that were appropriated and allocated to offset state funding reductions during any previous fiscal year are excluded from this maintenance of local funding effort requirement; (ii) It is the intent of subdivision (a)(9)(B)(i) to allow local governments the option to appropriate and allocate funds to make up for state cuts without being subject to a continuation of funding effort requirement as to those funds for any year during which the state reinstates the funding or restores the previous cuts, and during any subsequent year should the state fail to restore the funding cuts;
(i) Notwithstanding any other law to the contrary, for any fiscal year, if state funding to the county for education is less than state funding to the county for education during the fiscal year 1990-1991 or less than the previous fiscal year's state funding to the county for education, except that a reduction in funding based on fewer students in the county rather than actual funding cuts shall not be considered a reduction in funding for purposes of this subdivision (a)(9)(B)(i), local funds that were appropriated and allocated to offset state funding reductions during any previous fiscal year are excluded from this maintenance of local funding effort requirement;
(ii) It is the intent of subdivision (a)(9)(B)(i) to allow local governments the option to appropriate and allocate funds to make up for state cuts without being subject to a continuation of funding effort requirement as to those funds for any year during which the state reinstates the funding or restores the previous cuts, and during any subsequent year should the state fail to restore the funding cuts;
(C) Subdivision (a)(9)(A)(ii) shall not apply to a newly created LEA in any county where the county and city schools are being combined for a period of three (3) years after the creation of the LEA. The county board of education shall submit its budget to the county legislative body no later than forty-five (45) days prior to the July term or forty-five (45) days prior to the actual date the budget is to be adopted by the county legislative body if the adoption is scheduled prior to July 1;
(10) Prepare, or have prepared, a copy of the minutes of each meeting of the board of education, and provide a copy of the minutes no more than thirty (30) days after the board meeting or at the time they are provided to members of the board, if such is earlier, to the president of each local education association. Any subsequent corrections, modifications or changes shall be distributed in the same manner;
(11) Adopt and enforce, in accordance with guidelines prescribed by the state board of education pursuant to § 49-6-3002 , minimum standards and policies governing student attendance, subject to availability of funds;
(12) Develop and implement an evaluation plan for all certificated employees in accordance with the guidelines and criteria of the state board of education, and submit the plan to the commissioner for approval;
(13) (A) Notwithstanding any other public or private act to the contrary, employ a director of schools under a written contract of up to four (4) years' duration, which may be renewed. No school board, however, may either terminate, without cause, or enter into a contract with any director of schools during a period extending from forty-five (45) days prior to the general school board election until thirty (30) days following the election. Any vacancy in the office of the director that occurs within this period shall be filled on a temporary basis, not extending beyond sixty (60) days following the general school board election. An option to renew a contract that exists on May 22, 2001, may be exercised within the time period set out in this subdivision (a)(13)(A). Any such person transferred during the term of the person's contract shall not have the person's salary diminished for the remainder of the contract period. The board may dismiss the director for cause as specified in this section or in chapter 5, part 5 of this title, as appropriate. The director of schools may be referred to as the superintendent and references to or duties of the former county superintendents shall be deemed references to or duties of the director of schools employed under this section. The school board is the sole authority in appointing a director of schools; (B) Each school board shall adopt a written policy regarding the method of accepting and reviewing applications and interviewing candidates for the position of director of schools; (C) No school board shall extend the contract of a director of schools without giving notice of the intent to do so at least fifteen (15) calendar days prior to the scheduled meeting at which action shall be taken. Further, except in cases concerning allegations of criminal or professional misconduct, no school board shall terminate the contract or remove a director of schools from office without giving notice at least fifteen (15) calendar days prior to the scheduled meeting at which action shall be taken. Notice of extension or termination of a contract of a director of schools shall include the date, time and place of the meeting, and shall comport with all other requirements of §§ 8-44-103 and 49-2-202(c)(1) . The proposed action shall be published as a specific, clearly stated item on the agenda for the meeting. Such item, for the convenience of the public attending the meeting, shall be the first item on the agenda;
(A) Notwithstanding any other public or private act to the contrary, employ a director of schools under a written contract of up to four (4) years' duration, which may be renewed. No school board, however, may either terminate, without cause, or enter into a contract with any director of schools during a period extending from forty-five (45) days prior to the general school board election until thirty (30) days following the election. Any vacancy in the office of the director that occurs within this period shall be filled on a temporary basis, not extending beyond sixty (60) days following the general school board election. An option to renew a contract that exists on May 22, 2001, may be exercised within the time period set out in this subdivision (a)(13)(A). Any such person transferred during the term of the person's contract shall not have the person's salary diminished for the remainder of the contract period. The board may dismiss the director for cause as specified in this section or in chapter 5, part 5 of this title, as appropriate. The director of schools may be referred to as the superintendent and references to or duties of the former county superintendents shall be deemed references to or duties of the director of schools employed under this section. The school board is the sole authority in appointing a director of schools;
(B) Each school board shall adopt a written policy regarding the method of accepting and reviewing applications and interviewing candidates for the position of director of schools;
(C) No school board shall extend the contract of a director of schools without giving notice of the intent to do so at least fifteen (15) calendar days prior to the scheduled meeting at which action shall be taken. Further, except in cases concerning allegations of criminal or professional misconduct, no school board shall terminate the contract or remove a director of schools from office without giving notice at least fifteen (15) calendar days prior to the scheduled meeting at which action shall be taken. Notice of extension or termination of a contract of a director of schools shall include the date, time and place of the meeting, and shall comport with all other requirements of §§ 8-44-103 and 49-2-202(c)(1) . The proposed action shall be published as a specific, clearly stated item on the agenda for the meeting. Such item, for the convenience of the public attending the meeting, shall be the first item on the agenda;
(14) Adopt policies on the use of substitute teachers. The policies must, at a minimum, include the following provisions: (A) The required qualifications and training, including a requirement that substitute teachers receive the annual school safety training required by § 49-6-805(7) or other instruction on emergency response procedures developed by the local board of education; (B) A requirement that all substitute teachers providing instruction are subject to background check requirements pursuant to § 49-5-413 ; and (C) A prohibition against employing or contracting with any substitute teacher whose records indicate an educator license or certificate in this state or another state currently in revoked or suspended status;
(A) The required qualifications and training, including a requirement that substitute teachers receive the annual school safety training required by § 49-6-805(7) or other instruction on emergency response procedures developed by the local board of education;
(B) A requirement that all substitute teachers providing instruction are subject to background check requirements pursuant to § 49-5-413 ; and
(C) A prohibition against employing or contracting with any substitute teacher whose records indicate an educator license or certificate in this state or another state currently in revoked or suspended status;
(15) Develop and implement an evaluation plan to be used annually for the director of schools. The plan shall include, but shall not be limited to, sections regarding job performance, student achievement, relationships with staff and personnel, relationships with board members, and relationships with the community; and
(16) Adopt a policy regarding the use of artificial intelligence by students, teachers, and staff for instructional and assignment purposes. The policy must be implemented in schools no later than the 2024-2025 school year. By July 1, 2024, and by each July 1 thereafter, the board shall report to the department of education of its compliance with this subdivision (a)(16). The report must include the adopted policy and describe how the board will enforce the policy in the upcoming school year. As used in this subdivision (a)(16), "artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments and that is capable of using machine and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action.
(b) The local board of education has the power to: (1) Consolidate two (2) or more schools whenever in its judgment the efficiency of the schools would be improved by the consolidation; (2) Require school children and any employees of the board to submit to a physical examination by a competent physician whenever there is reason to believe that the children or employees have tuberculosis or any other communicable disease, and upon certification from the examining physician that the children or employees have any communicable disease, to exclude them from school or service until the child or children, employer or employers, employee or employees furnish proper certificate or certificates from the examining physician or physicians showing the communicable disease to have been cured; (3) Establish night schools and part-time schools whenever in the judgment of the board they may be necessary; (4) Permit school buildings and school property to be used for public, community or recreational purposes under rules, regulations and conditions as prescribed from time to time by the board of education; (A) No member of the board or other school official shall be held liable in damages for any injury to person or property resulting from the use of school buildings or property; (B) The local board of education may lease buildings and property or the portions of buildings and property it determines are not being used or are not needed at present by the public school system to the owners or operators of private child care centers and kindergartens for the purpose of providing educational and child care services to the community. The leases may not be entered for a term exceeding five (5) years and must be on reasonable terms that are worked out between the school board and the owner or operator. The leasing arrangement entered into in accordance with this subdivision (b)(4)(B) shall not be intended or used to avoid any school integration requirement pursuant to the fourteenth amendment to the Constitution of the United States. The local board of education shall not execute any lease pursuant to this subdivision (b)(4) that would replace or supplant existing kindergarten programs or kindergarten programs maintained pursuant to the Minimum Kindergarten Program Law, codified in § 49-6-201 . This subdivision (b)(4) shall also apply to municipal boards of education; (5) Employ legal counsel to advise or represent the board; (6) Make rules providing for the organization of school safety patrols in the public schools under its jurisdiction and for the appointment, with the permission of the parents, of pupils as members of the safety patrols; (7) Establish minimum attendance requirements or standards as a condition for passing a course or grade; provided, that the requirements or standards are established prior to any school year in which they are to be applicable, are recorded in board minutes and publicized through a newspaper of general circulation prior to implementation and are printed and distributed to students prior to implementation; and provided, further, that the requirements or standards shall not violate § 49-6-3002(b) ; (8) Provide written notice to probationary teachers of specific reasons for failure of reelection pursuant to this title; provided, that any teacher so notified shall be given, upon request, a hearing to determine the validity of the reasons given for failure of reelection; provided, that: (A) The hearings shall occur no later than thirty (30) days after the teacher's request; (B) The teacher shall be allowed to appear, call witnesses and plead the teacher's cause in person or by counsel; (C) The board of education shall issue a written decision regarding continued employment of the teacher; and (D) Nothing contained in this subdivision (b)(8) shall be construed to grant tenure or the expectation of continued employment to any person; (9) Offer and pay a bonus or other monetary incentive to encourage the retirement of any teacher or other employee who is eligible to retire. For purposes of this subdivision (b)(9), "local board of education" means the board of education of any county, municipal or special school system; (10) Lease or sell buildings and property or the portions of buildings or property it determines are not being used or are not needed at present by the public school system in the manner deemed by the board to be in the best interest of the school system and the community that the system serves. In determining the best interest of the community, the board may seek and consider recommendations from the planning commission serving the community. No member of the local or county board or other school official shall be held liable in damages for any injury to person or property resulting from the use of the school buildings or property. No lease or sale shall be used to avoid any school integration requirement. A local board of education may also dispose of surplus property as provided in §§ 49-6-2006 and 49-6-2007 , it being the legislative intent that a local board at its discretion may dispose of surplus property to private owners as well as civic or community groups as provided by this subdivision (b)(10); (11) Establish and operate before and after school care programs in connection with any schools, before or after the regular school day and while school is not in session. Tennessee investment in student achievement formula (TISA) funds and required local contributions cannot be used in connection with the operation of a before or after school care program. The board may charge a fee of any child attending a before or after school care program; (12) Contract for the management and operation of the alternative schools provided for in § 49-6-3402 with any other agency of local government; (13) Include in student handbooks, or other information disseminated to parents and guardians, information on contacting child advocacy groups and information on how to contact the state department of education for information on student rights and services; (14) Cooperate with community organizations in offering extended learning opportunities; (15) Apply for and receive federal or private grants for educational purposes. Notwithstanding title 5, chapter 9, part 4, except for grants requiring matching funds, in-kind contributions of real property or expenditures beyond the life of the grant, appropriations of federal or private grant funds shall be made upon resolution passed by the local board of education and shall comply with the requirements established by the granting entity. A county board of education or city board of education shall provide a copy of such resolution to the local legislative body as notice of the board's actions within seven (7) days of the resolution's passage; and (16) Operate ungraded or unstructured classes in grades kindergarten through three (K-3). The operation of ungraded or unstructured classes does not impair the LEA's ability to receive funds under the Tennessee investment in student achievement formula (TISA).
(1) Consolidate two (2) or more schools whenever in its judgment the efficiency of the schools would be improved by the consolidation;
(2) Require school children and any employees of the board to submit to a physical examination by a competent physician whenever there is reason to believe that the children or employees have tuberculosis or any other communicable disease, and upon certification from the examining physician that the children or employees have any communicable disease, to exclude them from school or service until the child or children, employer or employers, employee or employees furnish proper certificate or certificates from the examining physician or physicians showing the communicable disease to have been cured;
(3) Establish night schools and part-time schools whenever in the judgment of the board they may be necessary;
(4) Permit school buildings and school property to be used for public, community or recreational purposes under rules, regulations and conditions as prescribed from time to time by the board of education; (A) No member of the board or other school official shall be held liable in damages for any injury to person or property resulting from the use of school buildings or property; (B) The local board of education may lease buildings and property or the portions of buildings and property it determines are not being used or are not needed at present by the public school system to the owners or operators of private child care centers and kindergartens for the purpose of providing educational and child care services to the community. The leases may not be entered for a term exceeding five (5) years and must be on reasonable terms that are worked out between the school board and the owner or operator. The leasing arrangement entered into in accordance with this subdivision (b)(4)(B) shall not be intended or used to avoid any school integration requirement pursuant to the fourteenth amendment to the Constitution of the United States. The local board of education shall not execute any lease pursuant to this subdivision (b)(4) that would replace or supplant existing kindergarten programs or kindergarten programs maintained pursuant to the Minimum Kindergarten Program Law, codified in § 49-6-201 . This subdivision (b)(4) shall also apply to municipal boards of education;
(A) No member of the board or other school official shall be held liable in damages for any injury to person or property resulting from the use of school buildings or property;
(B) The local board of education may lease buildings and property or the portions of buildings and property it determines are not being used or are not needed at present by the public school system to the owners or operators of private child care centers and kindergartens for the purpose of providing educational and child care services to the community. The leases may not be entered for a term exceeding five (5) years and must be on reasonable terms that are worked out between the school board and the owner or operator. The leasing arrangement entered into in accordance with this subdivision (b)(4)(B) shall not be intended or used to avoid any school integration requirement pursuant to the fourteenth amendment to the Constitution of the United States. The local board of education shall not execute any lease pursuant to this subdivision (b)(4) that would replace or supplant existing kindergarten programs or kindergarten programs maintained pursuant to the Minimum Kindergarten Program Law, codified in § 49-6-201 . This subdivision (b)(4) shall also apply to municipal boards of education;
(5) Employ legal counsel to advise or represent the board;
(6) Make rules providing for the organization of school safety patrols in the public schools under its jurisdiction and for the appointment, with the permission of the parents, of pupils as members of the safety patrols;
(7) Establish minimum attendance requirements or standards as a condition for passing a course or grade; provided, that the requirements or standards are established prior to any school year in which they are to be applicable, are recorded in board minutes and publicized through a newspaper of general circulation prior to implementation and are printed and distributed to students prior to implementation; and provided, further, that the requirements or standards shall not violate § 49-6-3002(b) ;
(8) Provide written notice to probationary teachers of specific reasons for failure of reelection pursuant to this title; provided, that any teacher so notified shall be given, upon request, a hearing to determine the validity of the reasons given for failure of reelection; provided, that: (A) The hearings shall occur no later than thirty (30) days after the teacher's request; (B) The teacher shall be allowed to appear, call witnesses and plead the teacher's cause in person or by counsel; (C) The board of education shall issue a written decision regarding continued employment of the teacher; and (D) Nothing contained in this subdivision (b)(8) shall be construed to grant tenure or the expectation of continued employment to any person;
(A) The hearings shall occur no later than thirty (30) days after the teacher's request;
(B) The teacher shall be allowed to appear, call witnesses and plead the teacher's cause in person or by counsel;
(C) The board of education shall issue a written decision regarding continued employment of the teacher; and
(D) Nothing contained in this subdivision (b)(8) shall be construed to grant tenure or the expectation of continued employment to any person;
(9) Offer and pay a bonus or other monetary incentive to encourage the retirement of any teacher or other employee who is eligible to retire. For purposes of this subdivision (b)(9), "local board of education" means the board of education of any county, municipal or special school system;
(10) Lease or sell buildings and property or the portions of buildings or property it determines are not being used or are not needed at present by the public school system in the manner deemed by the board to be in the best interest of the school system and the community that the system serves. In determining the best interest of the community, the board may seek and consider recommendations from the planning commission serving the community. No member of the local or county board or other school official shall be held liable in damages for any injury to person or property resulting from the use of the school buildings or property. No lease or sale shall be used to avoid any school integration requirement. A local board of education may also dispose of surplus property as provided in §§ 49-6-2006 and 49-6-2007 , it being the legislative intent that a local board at its discretion may dispose of surplus property to private owners as well as civic or community groups as provided by this subdivision (b)(10);
(11) Establish and operate before and after school care programs in connection with any schools, before or after the regular school day and while school is not in session. Tennessee investment in student achievement formula (TISA) funds and required local contributions cannot be used in connection with the operation of a before or after school care program. The board may charge a fee of any child attending a before or after school care program;
(12) Contract for the management and operation of the alternative schools provided for in § 49-6-3402 with any other agency of local government;
(13) Include in student handbooks, or other information disseminated to parents and guardians, information on contacting child advocacy groups and information on how to contact the state department of education for information on student rights and services;
(14) Cooperate with community organizations in offering extended learning opportunities;
(15) Apply for and receive federal or private grants for educational purposes. Notwithstanding title 5, chapter 9, part 4, except for grants requiring matching funds, in-kind contributions of real property or expenditures beyond the life of the grant, appropriations of federal or private grant funds shall be made upon resolution passed by the local board of education and shall comply with the requirements established by the granting entity. A county board of education or city board of education shall provide a copy of such resolution to the local legislative body as notice of the board's actions within seven (7) days of the resolution's passage; and
(16) Operate ungraded or unstructured classes in grades kindergarten through three (K-3). The operation of ungraded or unstructured classes does not impair the LEA's ability to receive funds under the Tennessee investment in student achievement formula (TISA).
(c) (1) Notwithstanding title 8, chapter 44, part 1, a local board of education may conduct a scheduled board meeting by electronic means, including, but not limited to, telephone, videoconferencing, or other web-based media pursuant to this subsection (c). (2) A board meeting shall not be conducted with electronic participation unless a quorum of members is physically present at the location of the meeting. (3) A board member may only participate electronically in a scheduled board meeting pursuant to this subsection (c) if: (A) The member participating by electronic means can be visually identified by the chair; and (B) (i) The member is out of the county due to work; provided, that the member participates electronically for such reason no more than two (2) times per year; (ii) The member is sick or in a period of convalescence on the advice of a healthcare professional that the member not appear in person; provided, that the member participates electronically for such reason no more than three (3) times per year; (iii) The member is out due to inclement weather or natural disaster if the schools in the LEA are closed; provided, that the member participates electronically for such reason no more than three (3) times per year; (iv) The member has a family emergency that inhibits the member from attending the board meeting in person; provided, that the member participates electronically for such reason no more than two (2) times per year; or (v) The member is out of the county due to military service. (4) A board member wishing to participate in a scheduled board meeting electronically who is or will be out of the county because of work shall give at least five (5) days' notice prior to the scheduled board meeting of the member's intention to participate electronically. (5) The local board of education shall develop a policy for conducting electronic meetings pursuant to this subsection (c).
(1) Notwithstanding title 8, chapter 44, part 1, a local board of education may conduct a scheduled board meeting by electronic means, including, but not limited to, telephone, videoconferencing, or other web-based media pursuant to this subsection (c).
(2) A board meeting shall not be conducted with electronic participation unless a quorum of members is physically present at the location of the meeting.
(3) A board member may only participate electronically in a scheduled board meeting pursuant to this subsection (c) if: (A) The member participating by electronic means can be visually identified by the chair; and (B) (i) The member is out of the county due to work; provided, that the member participates electronically for such reason no more than two (2) times per year; (ii) The member is sick or in a period of convalescence on the advice of a healthcare professional that the member not appear in person; provided, that the member participates electronically for such reason no more than three (3) times per year; (iii) The member is out due to inclement weather or natural disaster if the schools in the LEA are closed; provided, that the member participates electronically for such reason no more than three (3) times per year; (iv) The member has a family emergency that inhibits the member from attending the board meeting in person; provided, that the member participates electronically for such reason no more than two (2) times per year; or (v) The member is out of the county due to military service.
(A) The member participating by electronic means can be visually identified by the chair; and
(B) (i) The member is out of the county due to work; provided, that the member participates electronically for such reason no more than two (2) times per year; (ii) The member is sick or in a period of convalescence on the advice of a healthcare professional that the member not appear in person; provided, that the member participates electronically for such reason no more than three (3) times per year; (iii) The member is out due to inclement weather or natural disaster if the schools in the LEA are closed; provided, that the member participates electronically for such reason no more than three (3) times per year; (iv) The member has a family emergency that inhibits the member from attending the board meeting in person; provided, that the member participates electronically for such reason no more than two (2) times per year; or (v) The member is out of the county due to military service.
(i) The member is out of the county due to work; provided, that the member participates electronically for such reason no more than two (2) times per year;
(ii) The member is sick or in a period of convalescence on the advice of a healthcare professional that the member not appear in person; provided, that the member participates electronically for such reason no more than three (3) times per year;
(iii) The member is out due to inclement weather or natural disaster if the schools in the LEA are closed; provided, that the member participates electronically for such reason no more than three (3) times per year;
(iv) The member has a family emergency that inhibits the member from attending the board meeting in person; provided, that the member participates electronically for such reason no more than two (2) times per year; or
(v) The member is out of the county due to military service.
(4) A board member wishing to participate in a scheduled board meeting electronically who is or will be out of the county because of work shall give at least five (5) days' notice prior to the scheduled board meeting of the member's intention to participate electronically.
(5) The local board of education shall develop a policy for conducting electronic meetings pursuant to this subsection (c).
(d) (1) (A) Notwithstanding any law to the contrary, the local boards of education, the municipal legislative bodies, and the county legislative body are authorized to negotiate and enter into a binding agreement that addresses the municipality's or county's responsibility to remit certain gross receipt taxes owed by the municipality or county, under § 57-4-306(a)(2) , as such subdivision existed prior to July 1, 2014, if: (i) At any time prior to entering the binding agreement authorized in subdivision (d)(1)(A), a municipality or county has received from the commissioner of revenue gross receipt taxes collected by the department under § 57-4-301(c) and as authorized by § 57-4-306(a)(2) , as such subdivision existed prior to July 1, 2014; and (ii) Thereafter the municipality or county, acting in good faith did not remit the proceeds to the appropriate school fund, system, or systems as required by § 57-4-306(a)(2) , as such subdivision existed prior to July 1, 2014. (B) Such agreement, in determining the municipality's or county's responsibility to remit certain gross receipt taxes owed by the municipality or county, under § 57-4-306(a)(2) , as such subdivision existed prior to July 1, 2014, may permit the municipality or county to offset its liability in whole or in part by past, present or future appropriations, expenditures, allocation of revenue, gifts, capital projects or other similar payments, grants, or any consideration made by the municipality or county to the school system, on behalf of the school system, or otherwise directly benefitting the school system. (2) Such agreement shall be entered into and approved no later than August 31, 2014, and shall be the final understanding of the obligations between the parties and shall not be subject to additional requests or demands. A copy of this agreement shall be filed with the comptroller of the treasury and the commissioner of revenue. If any party defaults, then the aggrieved party shall notify the comptroller of the default. The comptroller shall deliver by certified mail a written notice of such default to the defaulting party within five (5) business days of receiving the notice. In the event the defaulting party fails to cure the default within sixty (60) days of the receipt of such notice, the comptroller shall direct the commissioner to withhold future distributions of proceeds authorized under § 57-4-306(a)(2) , as such subdivision existed prior to July 1, 2014, to the defaulting party. Upon the commissioner's withholding of the proceeds, an aggrieved party shall have the authority to pursue equitable relief against the defaulting party in the chancery court of Davidson County. Upon receipt of a copy of the final judgment of the court, the commissioner shall distribute all withheld proceeds to the defaulting party, which shall remit such proceeds to the aggrieved party pursuant to the judgment. If the amount of the judgment is not satisfied by the withheld proceeds, the defaulting party shall be solely responsible for remitting future proceeds to the aggrieved party pursuant to the judgment. (3) (A) If by September 1, 2014, the local boards of education, the municipal legislative bodies, and the county legislative body fail to enter into a binding agreement as authorized under subdivision (d)(1)(A), then any party may: (i) Seek equitable relief in the chancery court of Davidson County; or (ii) Request the comptroller to undertake binding arbitration to resolve any disagreements. The comptroller shall select the arbitrator. (B) Such equitable relief shall be limited to those proceeds received by the local political subdivision pursuant to § 57-4-306(a)(2) , as such subdivision existed prior to July 1, 2014, and not remitted to the proper fund, system or systems as required by § 57-4-306(a)(2) , as such subdivision existed prior to July 1, 2014, from July 1, 1999, to June 30, 2014. The amount owed the appropriate school fund, system, or systems may be paid in equal installments, but not to exceed ten (10) years. (C) All costs incurred by the comptroller of the treasury and the department of revenue under this subdivision (d)(3) shall be born equally by the parties. (D) In the event a party fails to pursue the remedies available pursuant to subdivision (d)(3)(A)(i) or (d)(3)(A)(ii) by December 31, 2014, then the party shall be barred from any other relief for proceeds received by a local political subdivision prior to July 1, 2014. (4) As the historical records of the comptroller of the treasury and the department of revenue permit, the comptroller of the treasury is authorized to provide to the local boards of education, the municipal legislative bodies, and the county legislative body the amount of the proceeds distributed to the local political subdivisions by the department under § 57-4-306(a)(2) , as such subdivision existed prior to July 1, 2014. (5) This subsection (d) shall not apply to any action, case, or proceeding commenced prior to June 1, 2014. (6) Any agreement to address a municipality's or county's responsibility to remit certain gross receipt taxes owed by the municipality or county under § 57-4-306(a)(2) entered into prior to May 13, 2014, is hereby ratified and this subsection (d) shall not apply to such agreements. (7) This subsection (d) shall not apply in counties having a population, according to the 2010 federal census or any subsequent federal census of: not less than: nor more than: 98,900.................... 99,000 336,400.................... 336,500
(1) (A) Notwithstanding any law to the contrary, the local boards of education, the municipal legislative bodies, and the county legislative body are authorized to negotiate and enter into a binding agreement that addresses the municipality's or county's responsibility to remit certain gross receipt taxes owed by the municipality or county, under § 57-4-306(a)(2) , as such subdivision existed prior to July 1, 2014, if: (i) At any time prior to entering the binding agreement authorized in subdivision (d)(1)(A), a municipality or county has received from the commissioner of revenue gross receipt taxes collected by the department under § 57-4-301(c) and as authorized by § 57-4-306(a)(2) , as such subdivision existed prior to July 1, 2014; and (ii) Thereafter the municipality or county, acting in good faith did not remit the proceeds to the appropriate school fund, system, or systems as required by § 57-4-306(a)(2) , as such subdivision existed prior to July 1, 2014. (B) Such agreement, in determining the municipality's or county's responsibility to remit certain gross receipt taxes owed by the municipality or county, under § 57-4-306(a)(2) , as such subdivision existed prior to July 1, 2014, may permit the municipality or county to offset its liability in whole or in part by past, present or future appropriations, expenditures, allocation of revenue, gifts, capital projects or other similar payments, grants, or any consideration made by the municipality or county to the school system, on behalf of the school system, or otherwise directly benefitting the school system.
(A) Notwithstanding any law to the contrary, the local boards of education, the municipal legislative bodies, and the county legislative body are authorized to negotiate and enter into a binding agreement that addresses the municipality's or county's responsibility to remit certain gross receipt taxes owed by the municipality or county, under § 57-4-306(a)(2) , as such subdivision existed prior to July 1, 2014, if: (i) At any time prior to entering the binding agreement authorized in subdivision (d)(1)(A), a municipality or county has received from the commissioner of revenue gross receipt taxes collected by the department under § 57-4-301(c) and as authorized by § 57-4-306(a)(2) , as such subdivision existed prior to July 1, 2014; and (ii) Thereafter the municipality or county, acting in good faith did not remit the proceeds to the appropriate school fund, system, or systems as required by § 57-4-306(a)(2) , as such subdivision existed prior to July 1, 2014.
(i) At any time prior to entering the binding agreement authorized in subdivision (d)(1)(A), a municipality or county has received from the commissioner of revenue gross receipt taxes collected by the department under § 57-4-301(c) and as authorized by § 57-4-306(a)(2) , as such subdivision existed prior to July 1, 2014; and
(ii) Thereafter the municipality or county, acting in good faith did not remit the proceeds to the appropriate school fund, system, or systems as required by § 57-4-306(a)(2) , as such subdivision existed prior to July 1, 2014.
(B) Such agreement, in determining the municipality's or county's responsibility to remit certain gross receipt taxes owed by the municipality or county, under § 57-4-306(a)(2) , as such subdivision existed prior to July 1, 2014, may permit the municipality or county to offset its liability in whole or in part by past, present or future appropriations, expenditures, allocation of revenue, gifts, capital projects or other similar payments, grants, or any consideration made by the municipality or county to the school system, on behalf of the school system, or otherwise directly benefitting the school system.
(2) Such agreement shall be entered into and approved no later than August 31, 2014, and shall be the final understanding of the obligations between the parties and shall not be subject to additional requests or demands. A copy of this agreement shall be filed with the comptroller of the treasury and the commissioner of revenue. If any party defaults, then the aggrieved party shall notify the comptroller of the default. The comptroller shall deliver by certified mail a written notice of such default to the defaulting party within five (5) business days of receiving the notice. In the event the defaulting party fails to cure the default within sixty (60) days of the receipt of such notice, the comptroller shall direct the commissioner to withhold future distributions of proceeds authorized under § 57-4-306(a)(2) , as such subdivision existed prior to July 1, 2014, to the defaulting party. Upon the commissioner's withholding of the proceeds, an aggrieved party shall have the authority to pursue equitable relief against the defaulting party in the chancery court of Davidson County. Upon receipt of a copy of the final judgment of the court, the commissioner shall distribute all withheld proceeds to the defaulting party, which shall remit such proceeds to the aggrieved party pursuant to the judgment. If the amount of the judgment is not satisfied by the withheld proceeds, the defaulting party shall be solely responsible for remitting future proceeds to the aggrieved party pursuant to the judgment.
(3) (A) If by September 1, 2014, the local boards of education, the municipal legislative bodies, and the county legislative body fail to enter into a binding agreement as authorized under subdivision (d)(1)(A), then any party may: (i) Seek equitable relief in the chancery court of Davidson County; or (ii) Request the comptroller to undertake binding arbitration to resolve any disagreements. The comptroller shall select the arbitrator. (B) Such equitable relief shall be limited to those proceeds received by the local political subdivision pursuant to § 57-4-306(a)(2) , as such subdivision existed prior to July 1, 2014, and not remitted to the proper fund, system or systems as required by § 57-4-306(a)(2) , as such subdivision existed prior to July 1, 2014, from July 1, 1999, to June 30, 2014. The amount owed the appropriate school fund, system, or systems may be paid in equal installments, but not to exceed ten (10) years. (C) All costs incurred by the comptroller of the treasury and the department of revenue under this subdivision (d)(3) shall be born equally by the parties. (D) In the event a party fails to pursue the remedies available pursuant to subdivision (d)(3)(A)(i) or (d)(3)(A)(ii) by December 31, 2014, then the party shall be barred from any other relief for proceeds received by a local political subdivision prior to July 1, 2014.
(A) If by September 1, 2014, the local boards of education, the municipal legislative bodies, and the county legislative body fail to enter into a binding agreement as authorized under subdivision (d)(1)(A), then any party may: (i) Seek equitable relief in the chancery court of Davidson County; or (ii) Request the comptroller to undertake binding arbitration to resolve any disagreements. The comptroller shall select the arbitrator.
(i) Seek equitable relief in the chancery court of Davidson County; or
(ii) Request the comptroller to undertake binding arbitration to resolve any disagreements. The comptroller shall select the arbitrator.
(B) Such equitable relief shall be limited to those proceeds received by the local political subdivision pursuant to § 57-4-306(a)(2) , as such subdivision existed prior to July 1, 2014, and not remitted to the proper fund, system or systems as required by § 57-4-306(a)(2) , as such subdivision existed prior to July 1, 2014, from July 1, 1999, to June 30, 2014. The amount owed the appropriate school fund, system, or systems may be paid in equal installments, but not to exceed ten (10) years.
(C) All costs incurred by the comptroller of the treasury and the department of revenue under this subdivision (d)(3) shall be born equally by the parties.
(D) In the event a party fails to pursue the remedies available pursuant to subdivision (d)(3)(A)(i) or (d)(3)(A)(ii) by December 31, 2014, then the party shall be barred from any other relief for proceeds received by a local political subdivision prior to July 1, 2014.
(4) As the historical records of the comptroller of the treasury and the department of revenue permit, the comptroller of the treasury is authorized to provide to the local boards of education, the municipal legislative bodies, and the county legislative body the amount of the proceeds distributed to the local political subdivisions by the department under § 57-4-306(a)(2) , as such subdivision existed prior to July 1, 2014.
(5) This subsection (d) shall not apply to any action, case, or proceeding commenced prior to June 1, 2014.
(6) Any agreement to address a municipality's or county's responsibility to remit certain gross receipt taxes owed by the municipality or county under § 57-4-306(a)(2) entered into prior to May 13, 2014, is hereby ratified and this subsection (d) shall not apply to such agreements.
(7) This subsection (d) shall not apply in counties having a population, according to the 2010 federal census or any subsequent federal census of: not less than: nor more than: 98,900.................... 99,000 336,400.................... 336,500
not less than: nor more than: 98,900.................... 99,000 336,400.................... 336,500
not less than:
nor more than:
98,900....................
99,000
336,400....................
336,500
(e) Notwithstanding any public or private act to the contrary, a local board of education's administrative office may be located within a building owned by the United States government, or an agency or instrumentality of the United States government, pursuant to a lease or easement authorized by the United States government.
Amended by 2024 Tenn. Acts, ch. 735,s 1, eff. 4/19/2024.
Amended by 2024 Tenn. Acts, ch. 550,s 2, eff. 3/11/2024.
Amended by 2024 Tenn. Acts, ch. 513,s 16, eff. 3/1/2024.
Amended by 2024 Tenn. Acts, ch. 513,s 15, eff. 3/1/2024.
Amended by 2024 Tenn. Acts, ch. 513,s 14, eff. 3/1/2024.
Amended by 2022 Tenn. Acts, ch. 966, s 45, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 966, s 44, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 350, s 1, eff. 5/5/2023.
Amended by 2022 Tenn. Acts, ch. 686, s 5, eff. 3/28/2022.
Amended by 2021 Tenn. Acts, ch. 310, Secs.s 2, s 3 eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 310, s 1, eff. 7/1/2021.
Amended by 2020 Tenn. Acts, ch. 618, s 1, eff. 3/25/2020.
Amended by 2020 Tenn. Acts, ch. 576, s 2, eff. 3/19/2020.
Amended by 2019 Tenn. Acts, ch. 248, Secs.s 13, s 25, s 26, s 27 eff. 5/2/2019.
Amended by 2016 Tenn. Acts, ch. 532, s 1, eff. 2/24/2016.
Amended by 2014 Tenn. Acts, ch. 901, s 2, eff. 5/13/2014.
Amended by 2013 Tenn. Acts, ch. 281, s 1, eff. 4/25/2013.
Acts 1925, ch. 115, § 6; Shan. Supp., §§ 1487a35, 1487a36; Code 1932, ch. 175, § 1; Code 1932, § 2326; Acts 1947, ch. 92, § 17; 1947, ch. 142, §§ 1, 2; 1949, ch. 102, § 1; mod. C. Supp. 1950, § 2326 (Williams, §§ 2326, 2326.1, 2496.1); Acts 1957, ch. 90, § 2; 1974, ch. 654, §§ 14-22; 1975, ch. 56, § 1; modified; Acts 1977, ch. 184, § 1; 1977, ch. 196, §§ 1, 2; 1977, ch. 243, § 1; 1979, ch. 19, § 1; 1979, ch. 221, § 1; 1981, ch. 150, § 1; 1981, ch. 187, § 1; 1981, ch. 200, § 1; 1982, ch. 765, § 1; 1983, ch. 243, § 2; 1983, ch. 296, § 1; 1983, ch. 362, § 1; 1983, ch. 367, § 1; T.C.A. (orig. ed.), §§ 49-214, 49-215; Acts 1984 (1st Ex. Sess.), ch. 7, § 94; 1984, ch. 549, § 1; 1984, ch. 596, § 1; 1986, ch. 521, §§ 1, 2, 4, 5; 1986, ch. 689, § 1; 1987, ch. 280, §§ 1, 3; 1988, ch. 479, § 1; 1988, ch. 640, § 1; 1988, ch. 659, § 1; 1989, ch. 37, § 1; 1989, ch. 199, § 1; 1990, ch. 711, § 1; 1990, ch. 903, § 1; 1992, ch. 535, §§ 7, 8, 20, 48; 1992, ch. 603, § 1; 1992, ch. 657, §§ 1, 2, 4, 6; 1995, ch. 179, §§ 9, 10; 1996, ch. 923, §§ 1, 2; 1996, ch. 988, § 9; 1996, ch. 1079, § 183; 1998, ch. 1060, § 1; 2000, ch. 981, § 38; 2001, ch. 269, § 1; 2001, ch. 270, § 1; 2002, ch. 770, § 1; 2002, ch. 824, §§ 1, 2; 2004, ch. 585, § 1; 2004, ch. 764, § 1; 2005, ch. 462, § 1; 2006, ch. 567, §§ 1 - 3; 2006, ch. 664, §§ 1, 2; 2006, ch. 751, §§ 1, 2; 2006, ch. 848, § 1; 2007 , ch. 315, § 1; 2008 , ch. 647, § 1; 2008 , ch. 683, § 1; 2008 , ch. 940, § 1; 2009 , ch. 514, § 1; 2010 , ch. 755, § 1; 2011 , ch. 138, § 1; 2012 , ch. 823, §§ 1, 2; 2012 , ch. 905, § 1; 2012 , ch. 934, § 1.
Tenn. Code Ann. § 49-3-112 — TN Code / Title 49 / Chapter 3 / Section 49-3-112
Accountability requirements
Status: in_force

(a) Each local education agency shall produce an accountability report that: (1) Establishes goals for student achievement, including the goal of seventy percent (70%) of the LEA's students in third grade taking the English language arts (ELA) portion of the Tennessee comprehensive assessment program (TCAP) tests achieving a performance level rating of "on track" or "mastered" on the ELA portion of the TCAP tests, in the current school year and explains how the goals can be met within the LEA's budget; and (2) Describes how the LEA's budget and expenditures for prior school years enabled the LEA to make progress toward the student achievement goals established for the prior school years; provided, however, that this subdivision (a)(2) does not apply to the report submitted for the 2023-2024 school year. (b) The report required in this section must be presented to the public for comment before the report is submitted to the department. The report required by this section must be submitted to the department by November 1, 2023, and each November 1 thereafter. (c) (1) Beginning with the 2024-2025 school year: (A) An LEA that operates a public school that receives a "D" or "F" letter grade pursuant to § 49-1-228 , or a public charter school that receives a "D" or "F" letter grade pursuant to § 49-1-228 and the public charter school's authorizer, may be required to appear for a hearing before the state board, or a committee of the state board appointed by the chair of the state board, to report on the public school's performance and how the LEA's or public charter school's spending decisions may have affected the ability of the LEA's public schools or the public charter school to achieve certain performance goals. At the conclusion of a hearing conducted pursuant to this subdivision (c)(1)(A), the board may recommend that the department impose one (1) of the corrective actions identified in subdivision (c)(2)(B); and (B) The department may impose one (1) of the following corrective actions for a public charter school or an LEA that operates a public school that receives a "D" or "F" letter grade pursuant to § 49-1-228 : (i) Require the LEA or public charter school to develop, submit to the department for approval, and implement a corrective action plan consistent with a corrective action plan template developed by the department. The department shall report on the LEA's or public charter school's implementation of the corrective action plan to the state board; or (ii) Require the department to audit and investigate the LEA's or public charter school's academic programming and spending. The department shall report the outcomes of the audit and investigation to the state board. (2) The state board shall promulgate rules to effectuate this subsection (c) in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (3) The department shall provide information requested by the state board by the date specified by the state board, to assist the state board in making the determinations necessary for purposes of this subsection (c). (d) The department shall apportion the costs of implementing a corrective action imposed pursuant to subdivision (c)(1)(B) between the department and the LEA or public charter school on a case-by-case basis, subject to the approval of the state board. Added by 2022 Tenn. Acts, ch. 966, s 1, eff. 7/1/2023.
(a) Each local education agency shall produce an accountability report that: (1) Establishes goals for student achievement, including the goal of seventy percent (70%) of the LEA's students in third grade taking the English language arts (ELA) portion of the Tennessee comprehensive assessment program (TCAP) tests achieving a performance level rating of "on track" or "mastered" on the ELA portion of the TCAP tests, in the current school year and explains how the goals can be met within the LEA's budget; and (2) Describes how the LEA's budget and expenditures for prior school years enabled the LEA to make progress toward the student achievement goals established for the prior school years; provided, however, that this subdivision (a)(2) does not apply to the report submitted for the 2023-2024 school year.
(1) Establishes goals for student achievement, including the goal of seventy percent (70%) of the LEA's students in third grade taking the English language arts (ELA) portion of the Tennessee comprehensive assessment program (TCAP) tests achieving a performance level rating of "on track" or "mastered" on the ELA portion of the TCAP tests, in the current school year and explains how the goals can be met within the LEA's budget; and
(2) Describes how the LEA's budget and expenditures for prior school years enabled the LEA to make progress toward the student achievement goals established for the prior school years; provided, however, that this subdivision (a)(2) does not apply to the report submitted for the 2023-2024 school year.
(b) The report required in this section must be presented to the public for comment before the report is submitted to the department. The report required by this section must be submitted to the department by November 1, 2023, and each November 1 thereafter.
(c) (1) Beginning with the 2024-2025 school year: (A) An LEA that operates a public school that receives a "D" or "F" letter grade pursuant to § 49-1-228 , or a public charter school that receives a "D" or "F" letter grade pursuant to § 49-1-228 and the public charter school's authorizer, may be required to appear for a hearing before the state board, or a committee of the state board appointed by the chair of the state board, to report on the public school's performance and how the LEA's or public charter school's spending decisions may have affected the ability of the LEA's public schools or the public charter school to achieve certain performance goals. At the conclusion of a hearing conducted pursuant to this subdivision (c)(1)(A), the board may recommend that the department impose one (1) of the corrective actions identified in subdivision (c)(2)(B); and (B) The department may impose one (1) of the following corrective actions for a public charter school or an LEA that operates a public school that receives a "D" or "F" letter grade pursuant to § 49-1-228 : (i) Require the LEA or public charter school to develop, submit to the department for approval, and implement a corrective action plan consistent with a corrective action plan template developed by the department. The department shall report on the LEA's or public charter school's implementation of the corrective action plan to the state board; or (ii) Require the department to audit and investigate the LEA's or public charter school's academic programming and spending. The department shall report the outcomes of the audit and investigation to the state board. (2) The state board shall promulgate rules to effectuate this subsection (c) in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (3) The department shall provide information requested by the state board by the date specified by the state board, to assist the state board in making the determinations necessary for purposes of this subsection (c).
(1) Beginning with the 2024-2025 school year: (A) An LEA that operates a public school that receives a "D" or "F" letter grade pursuant to § 49-1-228 , or a public charter school that receives a "D" or "F" letter grade pursuant to § 49-1-228 and the public charter school's authorizer, may be required to appear for a hearing before the state board, or a committee of the state board appointed by the chair of the state board, to report on the public school's performance and how the LEA's or public charter school's spending decisions may have affected the ability of the LEA's public schools or the public charter school to achieve certain performance goals. At the conclusion of a hearing conducted pursuant to this subdivision (c)(1)(A), the board may recommend that the department impose one (1) of the corrective actions identified in subdivision (c)(2)(B); and (B) The department may impose one (1) of the following corrective actions for a public charter school or an LEA that operates a public school that receives a "D" or "F" letter grade pursuant to § 49-1-228 : (i) Require the LEA or public charter school to develop, submit to the department for approval, and implement a corrective action plan consistent with a corrective action plan template developed by the department. The department shall report on the LEA's or public charter school's implementation of the corrective action plan to the state board; or (ii) Require the department to audit and investigate the LEA's or public charter school's academic programming and spending. The department shall report the outcomes of the audit and investigation to the state board.
(A) An LEA that operates a public school that receives a "D" or "F" letter grade pursuant to § 49-1-228 , or a public charter school that receives a "D" or "F" letter grade pursuant to § 49-1-228 and the public charter school's authorizer, may be required to appear for a hearing before the state board, or a committee of the state board appointed by the chair of the state board, to report on the public school's performance and how the LEA's or public charter school's spending decisions may have affected the ability of the LEA's public schools or the public charter school to achieve certain performance goals. At the conclusion of a hearing conducted pursuant to this subdivision (c)(1)(A), the board may recommend that the department impose one (1) of the corrective actions identified in subdivision (c)(2)(B); and
(B) The department may impose one (1) of the following corrective actions for a public charter school or an LEA that operates a public school that receives a "D" or "F" letter grade pursuant to § 49-1-228 : (i) Require the LEA or public charter school to develop, submit to the department for approval, and implement a corrective action plan consistent with a corrective action plan template developed by the department. The department shall report on the LEA's or public charter school's implementation of the corrective action plan to the state board; or (ii) Require the department to audit and investigate the LEA's or public charter school's academic programming and spending. The department shall report the outcomes of the audit and investigation to the state board.
(i) Require the LEA or public charter school to develop, submit to the department for approval, and implement a corrective action plan consistent with a corrective action plan template developed by the department. The department shall report on the LEA's or public charter school's implementation of the corrective action plan to the state board; or
(ii) Require the department to audit and investigate the LEA's or public charter school's academic programming and spending. The department shall report the outcomes of the audit and investigation to the state board.
(2) The state board shall promulgate rules to effectuate this subsection (c) in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(3) The department shall provide information requested by the state board by the date specified by the state board, to assist the state board in making the determinations necessary for purposes of this subsection (c).
(d) The department shall apportion the costs of implementing a corrective action imposed pursuant to subdivision (c)(1)(B) between the department and the LEA or public charter school on a case-by-case basis, subject to the approval of the state board.
Added by 2022 Tenn. Acts, ch. 966, s 1, eff. 7/1/2023.
Tenn. Code Ann. § 49-5-103 — TN Code / Title 49 / Chapter 5 / Section 49-5-103
Award of additional professional development points for certain teachers
Status: in_force

Beginning with the 2019-2020 school year, the state board of education shall award a teacher five (5) additional professional development points if the teacher's overall evaluation demonstrates an overall performance effectiveness level of "above expectations" or "significantly above expectations" and the evaluation is based on the teacher's performance while employed at a school that is on the priority list or the focus list pursuant to § 49-1-602 . Added by 2019 Tenn. Acts, ch. 464, s 1, eff. 5/24/2019.
Beginning with the 2019-2020 school year, the state board of education shall award a teacher five (5) additional professional development points if the teacher's overall evaluation demonstrates an overall performance effectiveness level of "above expectations" or "significantly above expectations" and the evaluation is based on the teacher's performance while employed at a school that is on the priority list or the focus list pursuant to § 49-1-602 .
Added by 2019 Tenn. Acts, ch. 464, s 1, eff. 5/24/2019.
Tenn. Code Ann. § 49-6-1021 — TN Code / Title 49 / Chapter 6 / Section 49-6-1021
Opportunities for physical activity
Status: in_force

(a) In accordance with § 49-6-1022 , it shall be the duty of each LEA to integrate: (1) For elementary school students, a minimum of one hundred thirty (130) minutes of physical activity per full school week; and (2) For middle and high school students, a minimum of ninety (90) minutes of physical activity per full school week. (b) Physical activity may include walking, jumping rope, playing volleyball, or other forms of physical activity that promote fitness and well-being; however, walking to and from class shall not be considered physical activity for purposes of this section. To satisfy the requirements of subdivision (a)(1), an LEA shall offer elementary students at least one fifteen-minute (15) minute period of physical activity per day. (c) The office of coordinated school health in the department of education shall provide an annual report by October 1, to the education committees of the house of representatives and the education committee of the senate on the implementation of subsection (a). The report shall contain at least the following information: (1) The percentage of public schools that integrate the required physical activity into the instructional school day in compliance with subsection (a); (2) The types of physical activities that are used to meet the physical activity requirement; (3) Any barriers that have limited full compliance with the physical activity requirement; (4) Innovative methods that schools use to comply with the physical activity requirement; (5) The ranking of Tennessee schools in providing physical activity and physical education as compared to other states; (6) Relevant data or studies that link physical activity or physical education to academic performance in students; (7) Relevant data or studies showing whether increased physical activity or physical education lead to better health outcomes; (8) The annual percentage of increase or decrease in compliance with the physical activity requirement in school districts with average daily membership of twenty-five thousand (25,000) or more students; and (9) An overall summary and a set of recommendations to promote active living in the youth of this state, including, but not limited to, suggestions for increasing compliance with the physical activity requirement that can be implemented with minimal cost. (d) Nothing in this section shall prevent an LEA from integrating more student physical activity for elementary, middle, and high school students during the school week than required in subsection (a). The requirements of subsection (a) may work in conjunction with the school's physical education program, but subsection (a) shall not replace the current physical education program in a school. (e) (1) In addition to the integration of physical activity into the instructional school day according to subsection (a), each LEA shall require each student in elementary school to participate in a physical education class that meets at least two (2) times per full school week during the school year. The total physical education class time each full school week shall be no less than sixty (60) minutes. (2) The physical education class shall meet the needs of students of all physical ability levels, including students with disabilities who shall participate in moderate physical activity to the extent appropriate as determined by the Individuals with Disabilities Education Act ( 20 U.S.C. § 1400 et seq.), Section 504 of the Rehabilitation Act ( 29 U.S.C. § 701 et seq.), or the student's individualized education program. An accommodation or alternative physical activity shall be provided for children with disabilities, if necessary. (3) Except as authorized by § 49-5-106 , the physical education class required by this subsection (e) must be taught by a licensed teacher with an endorsement in physical education or by a specialist in physical education. (4) A student shall be excused from a physical education class for medical reasons. The LEA may require a parent or legal guardian to provide documentation of a student's reason for being excused from the physical education class. (5) (A) This subsection (e) shall not apply to any county having a population of not less than thirty-eight thousand three hundred (38,300) nor more than thirty-eight thousand four hundred (38,400), according to the 2010 federal census or any subsequent federal census, until the 2021-2022 school year; and (B) This subsection (e) shall not apply to any county having a population of not less than fifty-seven thousand four hundred (57,400) nor more than fifty-seven thousand five hundred (57,500), according to the 2010 federal census or any subsequent federal census, until the 2021-2022 school year. (f) Each LEA shall file an annual report with the commissioner of education verifying that the LEA has met the physical education requirements of this section. (g) Subsections (e) and (f) apply to the 2020-2021 school year and each school year thereafter. Amended by 2024 Tenn. Acts, ch. 843,s 3, eff. 5/1/2024. Amended by 2021 Tenn. Acts, ch. 64, s 85, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 475, s 2, eff. 7/1/2019. Amended by 2019 Tenn. Acts, ch. 345, s 99, eff. 5/10/2019. Amended by 2018 Tenn. Acts, ch. 976, s 2, eff. 7/1/2019. Amended by 2017 Tenn. Acts, ch. 99, s 1, eff. 4/4/2017. Amended by 2016 Tenn. Acts, ch. 669, s 1, eff. 7/1/2016. Amended by 2014 Tenn. Acts, ch. 986,s 1, eff. 7/1/2014. Acts 2006, ch. 1001, § 1; 2011 , ch. 245, § 1.
(a) In accordance with § 49-6-1022 , it shall be the duty of each LEA to integrate: (1) For elementary school students, a minimum of one hundred thirty (130) minutes of physical activity per full school week; and (2) For middle and high school students, a minimum of ninety (90) minutes of physical activity per full school week.
(1) For elementary school students, a minimum of one hundred thirty (130) minutes of physical activity per full school week; and
(2) For middle and high school students, a minimum of ninety (90) minutes of physical activity per full school week.
(b) Physical activity may include walking, jumping rope, playing volleyball, or other forms of physical activity that promote fitness and well-being; however, walking to and from class shall not be considered physical activity for purposes of this section. To satisfy the requirements of subdivision (a)(1), an LEA shall offer elementary students at least one fifteen-minute (15) minute period of physical activity per day.
(c) The office of coordinated school health in the department of education shall provide an annual report by October 1, to the education committees of the house of representatives and the education committee of the senate on the implementation of subsection (a). The report shall contain at least the following information: (1) The percentage of public schools that integrate the required physical activity into the instructional school day in compliance with subsection (a); (2) The types of physical activities that are used to meet the physical activity requirement; (3) Any barriers that have limited full compliance with the physical activity requirement; (4) Innovative methods that schools use to comply with the physical activity requirement; (5) The ranking of Tennessee schools in providing physical activity and physical education as compared to other states; (6) Relevant data or studies that link physical activity or physical education to academic performance in students; (7) Relevant data or studies showing whether increased physical activity or physical education lead to better health outcomes; (8) The annual percentage of increase or decrease in compliance with the physical activity requirement in school districts with average daily membership of twenty-five thousand (25,000) or more students; and (9) An overall summary and a set of recommendations to promote active living in the youth of this state, including, but not limited to, suggestions for increasing compliance with the physical activity requirement that can be implemented with minimal cost.
(1) The percentage of public schools that integrate the required physical activity into the instructional school day in compliance with subsection (a);
(2) The types of physical activities that are used to meet the physical activity requirement;
(3) Any barriers that have limited full compliance with the physical activity requirement;
(4) Innovative methods that schools use to comply with the physical activity requirement;
(5) The ranking of Tennessee schools in providing physical activity and physical education as compared to other states;
(6) Relevant data or studies that link physical activity or physical education to academic performance in students;
(7) Relevant data or studies showing whether increased physical activity or physical education lead to better health outcomes;
(8) The annual percentage of increase or decrease in compliance with the physical activity requirement in school districts with average daily membership of twenty-five thousand (25,000) or more students; and
(9) An overall summary and a set of recommendations to promote active living in the youth of this state, including, but not limited to, suggestions for increasing compliance with the physical activity requirement that can be implemented with minimal cost.
(d) Nothing in this section shall prevent an LEA from integrating more student physical activity for elementary, middle, and high school students during the school week than required in subsection (a). The requirements of subsection (a) may work in conjunction with the school's physical education program, but subsection (a) shall not replace the current physical education program in a school.
(e) (1) In addition to the integration of physical activity into the instructional school day according to subsection (a), each LEA shall require each student in elementary school to participate in a physical education class that meets at least two (2) times per full school week during the school year. The total physical education class time each full school week shall be no less than sixty (60) minutes. (2) The physical education class shall meet the needs of students of all physical ability levels, including students with disabilities who shall participate in moderate physical activity to the extent appropriate as determined by the Individuals with Disabilities Education Act ( 20 U.S.C. § 1400 et seq.), Section 504 of the Rehabilitation Act ( 29 U.S.C. § 701 et seq.), or the student's individualized education program. An accommodation or alternative physical activity shall be provided for children with disabilities, if necessary. (3) Except as authorized by § 49-5-106 , the physical education class required by this subsection (e) must be taught by a licensed teacher with an endorsement in physical education or by a specialist in physical education. (4) A student shall be excused from a physical education class for medical reasons. The LEA may require a parent or legal guardian to provide documentation of a student's reason for being excused from the physical education class. (5) (A) This subsection (e) shall not apply to any county having a population of not less than thirty-eight thousand three hundred (38,300) nor more than thirty-eight thousand four hundred (38,400), according to the 2010 federal census or any subsequent federal census, until the 2021-2022 school year; and (B) This subsection (e) shall not apply to any county having a population of not less than fifty-seven thousand four hundred (57,400) nor more than fifty-seven thousand five hundred (57,500), according to the 2010 federal census or any subsequent federal census, until the 2021-2022 school year.
(1) In addition to the integration of physical activity into the instructional school day according to subsection (a), each LEA shall require each student in elementary school to participate in a physical education class that meets at least two (2) times per full school week during the school year. The total physical education class time each full school week shall be no less than sixty (60) minutes.
(2) The physical education class shall meet the needs of students of all physical ability levels, including students with disabilities who shall participate in moderate physical activity to the extent appropriate as determined by the Individuals with Disabilities Education Act ( 20 U.S.C. § 1400 et seq.), Section 504 of the Rehabilitation Act ( 29 U.S.C. § 701 et seq.), or the student's individualized education program. An accommodation or alternative physical activity shall be provided for children with disabilities, if necessary.
(3) Except as authorized by § 49-5-106 , the physical education class required by this subsection (e) must be taught by a licensed teacher with an endorsement in physical education or by a specialist in physical education.
(4) A student shall be excused from a physical education class for medical reasons. The LEA may require a parent or legal guardian to provide documentation of a student's reason for being excused from the physical education class.
(5) (A) This subsection (e) shall not apply to any county having a population of not less than thirty-eight thousand three hundred (38,300) nor more than thirty-eight thousand four hundred (38,400), according to the 2010 federal census or any subsequent federal census, until the 2021-2022 school year; and (B) This subsection (e) shall not apply to any county having a population of not less than fifty-seven thousand four hundred (57,400) nor more than fifty-seven thousand five hundred (57,500), according to the 2010 federal census or any subsequent federal census, until the 2021-2022 school year.
(A) This subsection (e) shall not apply to any county having a population of not less than thirty-eight thousand three hundred (38,300) nor more than thirty-eight thousand four hundred (38,400), according to the 2010 federal census or any subsequent federal census, until the 2021-2022 school year; and
(B) This subsection (e) shall not apply to any county having a population of not less than fifty-seven thousand four hundred (57,400) nor more than fifty-seven thousand five hundred (57,500), according to the 2010 federal census or any subsequent federal census, until the 2021-2022 school year.
(f) Each LEA shall file an annual report with the commissioner of education verifying that the LEA has met the physical education requirements of this section.
(g) Subsections (e) and (f) apply to the 2020-2021 school year and each school year thereafter.
Amended by 2024 Tenn. Acts, ch. 843,s 3, eff. 5/1/2024.
Amended by 2021 Tenn. Acts, ch. 64, s 85, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 475, s 2, eff. 7/1/2019.
Amended by 2019 Tenn. Acts, ch. 345, s 99, eff. 5/10/2019.
Amended by 2018 Tenn. Acts, ch. 976, s 2, eff. 7/1/2019.
Amended by 2017 Tenn. Acts, ch. 99, s 1, eff. 4/4/2017.
Amended by 2016 Tenn. Acts, ch. 669, s 1, eff. 7/1/2016.
Amended by 2014 Tenn. Acts, ch. 986,s 1, eff. 7/1/2014.
Acts 2006, ch. 1001, § 1; 2011 , ch. 245, § 1.
Tenn. Code Ann. § 49-8-101 — TN Code / Title 49 / Chapter 8 / Section 49-8-101
System established
Status: in_force

(a) (1) There is established a state university and community college system, to be called the board of regents. The state university and community college system is composed of state universities, community colleges, and state colleges of applied technology. (2) (A) The board of regents state universities shall be composed of Austin Peay State University, East Tennessee State University, Middle Tennessee State University, Tennessee State University, Tennessee Technological University, and the University of Memphis. The board of regents state universities shall be subject to the authority of a local governing board of trustees, referred to in this chapter as a state university board. (B) The management and governance of each state university shall be vested in the institution's respective state university board, subject to certain powers and duties maintained by the Tennessee higher education commission. (C) During a transition period commencing July 1, 2016, and ending November 30, 2017, the board of regents shall maintain performance of the following functions on behalf of the state university boards: data systems, capital project planning and management, and procurement. By November 30, 2017, the Tennessee higher education commission shall solicit and receive requests from the state university boards to assume the performance of these functions. The Tennessee higher education commission shall approve or deny a state university board's request to assume these functions. A state university board shall not be permitted to assume the performance of these functions until November 30, 2017. If the board of regents continues to perform the functions related to data systems, capital project planning and management, and procurement after the transition period has concluded, a state university board is not precluded from requesting to assume the performance of these functions at any time after November 30, 2017. (3) (A) The state community colleges shall be composed of Chattanooga State Community College, Cleveland State Community College, Columbia State Community College, Dyersburg State Community College, Jackson State Community College, Motlow State Community College, Nashville State Community College, Northeast State Community College, Pellissippi State Community College, Roane State Community College, Southwest Tennessee Community College, Volunteer State Community College, and Walters State Community College, and other community colleges that may be established. The statewide system of state colleges of applied technology, established under chapter 11, part 4, of this title, shall be composed of the state colleges of applied technology now established and located at Athens, Chattanooga, Covington, Crossville, Crump, Dickson, Elizabethton, Harriman, Hartsville, Hohenwald, Jacksboro, Jackson, Knoxville, Livingston, McKenzie, McMinnville, Memphis, Morristown, Murfreesboro, Nashville, Newbern, Oneida, Paris, Pulaski, Ripley, Shelbyville, and Whiteville. The board of regents is authorized to establish additional state colleges of applied technology or to combine existing state colleges of applied technology as needed to improve operational and administrative efficiencies. (B) Subject to certain powers and duties reserved for and relegated to the Tennessee higher education commission, the government, management, and control of the state community colleges and the state colleges of applied technology shall be vested in the board of regents. (b) The board of regents shall work collaboratively with state university boards to ensure alignment between community colleges and state universities, especially in regards to innovation and student success initiatives. (c) (1) Notwithstanding any law to the contrary, the board of regents, in consultation with the Tennessee higher education commission, shall establish a comprehensive statewide community college system of coordinated programs and services to be known as the Tennessee community college system. (2) It is the legislative intent that the Tennessee community college system operate as a unified system with individual campuses, teaching centers and teaching sites as necessary to maximize the effectiveness of the system in enhancing student success and increasing the number of college degrees held by Tennesseans. (3) In order to carry out this subsection (c), the board shall develop a plan to transition from the existing system of thirteen (13) independently managed institutions to a comprehensive statewide community college system managed as a unified system. Such plan shall identify any statutory changes needed to accomplish the transition. (4) As part of its plan, the board shall identify and implement consolidation of services among institutions and standardization of processes between institutions in order to improve efficiency and effectiveness in all functional areas, including, but not limited to, student services, academic support and institutional support. (5) The plan shall also incorporate the use of block scheduling and cohort programming as a means of delivering educational programs within the Tennessee community college system. Programs developed pursuant to this subdivision (c)(5) shall be developed in a manner that results in the opportunity for more rapid and significantly higher rates of program completion through structured degree programs that incorporate fixed course offerings that meet the requirements for the degree being offered on a predetermined schedule. (6) In carrying out this subsection (c), the Tennessee community college system shall pursue strategies to create mutually beneficial relationships with colleges of applied technology such that certificate programs may be offered at community college sites and community college courses may be offered at colleges of applied technology. (7) This subsection (c) shall be fully implemented no later than July 1, 2012. (d) All institutions in the state university and community college system shall submit annually institutional mission statements to the Tennessee higher education commission for review and approval. An institutional mission statement shall: (1) Characterize distinctiveness in degree offerings by level, focus, and student characteristics, including, but not limited to, nontraditional students and part-time students; and (2) Address institutional accountability for the quality of instruction, student learning, and, when applicable, research and public service to benefit Tennessee citizens. (e) Nothing contained in this section shall prohibit any institution from pursuing research and related activities that are consistent with the institution's mission. Amended by 2018 Tenn. Acts, ch. 877,s 1, eff. 5/3/2018. Amended by 2016 Tenn. Acts, ch. 869,s 2, eff. 7/1/2016. Amended by 2016 Tenn. Acts, ch. 869,s 1, eff. 7/1/2016. Amended by 2013 Tenn. Acts, ch. 473,s 7, eff. 7/1/2013. Acts 1972, ch. 838, § 1; 1973, ch. 80, §§ 2, 4; 1973, ch. 200, § 1; 1983, ch. 181, § 3; T.C.A., § 49-3236; Acts 1994, ch. 538, § 2; 1994, ch. 685, § 3; 1999, ch. 510, § 1; 2002, ch. 618, § 1; 2009, ch. 352, § 1; 2010 (1st Ex. Sess.), ch. 3, § 8.
(a) (1) There is established a state university and community college system, to be called the board of regents. The state university and community college system is composed of state universities, community colleges, and state colleges of applied technology. (2) (A) The board of regents state universities shall be composed of Austin Peay State University, East Tennessee State University, Middle Tennessee State University, Tennessee State University, Tennessee Technological University, and the University of Memphis. The board of regents state universities shall be subject to the authority of a local governing board of trustees, referred to in this chapter as a state university board. (B) The management and governance of each state university shall be vested in the institution's respective state university board, subject to certain powers and duties maintained by the Tennessee higher education commission. (C) During a transition period commencing July 1, 2016, and ending November 30, 2017, the board of regents shall maintain performance of the following functions on behalf of the state university boards: data systems, capital project planning and management, and procurement. By November 30, 2017, the Tennessee higher education commission shall solicit and receive requests from the state university boards to assume the performance of these functions. The Tennessee higher education commission shall approve or deny a state university board's request to assume these functions. A state university board shall not be permitted to assume the performance of these functions until November 30, 2017. If the board of regents continues to perform the functions related to data systems, capital project planning and management, and procurement after the transition period has concluded, a state university board is not precluded from requesting to assume the performance of these functions at any time after November 30, 2017. (3) (A) The state community colleges shall be composed of Chattanooga State Community College, Cleveland State Community College, Columbia State Community College, Dyersburg State Community College, Jackson State Community College, Motlow State Community College, Nashville State Community College, Northeast State Community College, Pellissippi State Community College, Roane State Community College, Southwest Tennessee Community College, Volunteer State Community College, and Walters State Community College, and other community colleges that may be established. The statewide system of state colleges of applied technology, established under chapter 11, part 4, of this title, shall be composed of the state colleges of applied technology now established and located at Athens, Chattanooga, Covington, Crossville, Crump, Dickson, Elizabethton, Harriman, Hartsville, Hohenwald, Jacksboro, Jackson, Knoxville, Livingston, McKenzie, McMinnville, Memphis, Morristown, Murfreesboro, Nashville, Newbern, Oneida, Paris, Pulaski, Ripley, Shelbyville, and Whiteville. The board of regents is authorized to establish additional state colleges of applied technology or to combine existing state colleges of applied technology as needed to improve operational and administrative efficiencies. (B) Subject to certain powers and duties reserved for and relegated to the Tennessee higher education commission, the government, management, and control of the state community colleges and the state colleges of applied technology shall be vested in the board of regents.
(1) There is established a state university and community college system, to be called the board of regents. The state university and community college system is composed of state universities, community colleges, and state colleges of applied technology.
(2) (A) The board of regents state universities shall be composed of Austin Peay State University, East Tennessee State University, Middle Tennessee State University, Tennessee State University, Tennessee Technological University, and the University of Memphis. The board of regents state universities shall be subject to the authority of a local governing board of trustees, referred to in this chapter as a state university board. (B) The management and governance of each state university shall be vested in the institution's respective state university board, subject to certain powers and duties maintained by the Tennessee higher education commission. (C) During a transition period commencing July 1, 2016, and ending November 30, 2017, the board of regents shall maintain performance of the following functions on behalf of the state university boards: data systems, capital project planning and management, and procurement. By November 30, 2017, the Tennessee higher education commission shall solicit and receive requests from the state university boards to assume the performance of these functions. The Tennessee higher education commission shall approve or deny a state university board's request to assume these functions. A state university board shall not be permitted to assume the performance of these functions until November 30, 2017. If the board of regents continues to perform the functions related to data systems, capital project planning and management, and procurement after the transition period has concluded, a state university board is not precluded from requesting to assume the performance of these functions at any time after November 30, 2017.
(A) The board of regents state universities shall be composed of Austin Peay State University, East Tennessee State University, Middle Tennessee State University, Tennessee State University, Tennessee Technological University, and the University of Memphis. The board of regents state universities shall be subject to the authority of a local governing board of trustees, referred to in this chapter as a state university board.
(B) The management and governance of each state university shall be vested in the institution's respective state university board, subject to certain powers and duties maintained by the Tennessee higher education commission.
(C) During a transition period commencing July 1, 2016, and ending November 30, 2017, the board of regents shall maintain performance of the following functions on behalf of the state university boards: data systems, capital project planning and management, and procurement. By November 30, 2017, the Tennessee higher education commission shall solicit and receive requests from the state university boards to assume the performance of these functions. The Tennessee higher education commission shall approve or deny a state university board's request to assume these functions. A state university board shall not be permitted to assume the performance of these functions until November 30, 2017. If the board of regents continues to perform the functions related to data systems, capital project planning and management, and procurement after the transition period has concluded, a state university board is not precluded from requesting to assume the performance of these functions at any time after November 30, 2017.
(3) (A) The state community colleges shall be composed of Chattanooga State Community College, Cleveland State Community College, Columbia State Community College, Dyersburg State Community College, Jackson State Community College, Motlow State Community College, Nashville State Community College, Northeast State Community College, Pellissippi State Community College, Roane State Community College, Southwest Tennessee Community College, Volunteer State Community College, and Walters State Community College, and other community colleges that may be established. The statewide system of state colleges of applied technology, established under chapter 11, part 4, of this title, shall be composed of the state colleges of applied technology now established and located at Athens, Chattanooga, Covington, Crossville, Crump, Dickson, Elizabethton, Harriman, Hartsville, Hohenwald, Jacksboro, Jackson, Knoxville, Livingston, McKenzie, McMinnville, Memphis, Morristown, Murfreesboro, Nashville, Newbern, Oneida, Paris, Pulaski, Ripley, Shelbyville, and Whiteville. The board of regents is authorized to establish additional state colleges of applied technology or to combine existing state colleges of applied technology as needed to improve operational and administrative efficiencies. (B) Subject to certain powers and duties reserved for and relegated to the Tennessee higher education commission, the government, management, and control of the state community colleges and the state colleges of applied technology shall be vested in the board of regents.
(A) The state community colleges shall be composed of Chattanooga State Community College, Cleveland State Community College, Columbia State Community College, Dyersburg State Community College, Jackson State Community College, Motlow State Community College, Nashville State Community College, Northeast State Community College, Pellissippi State Community College, Roane State Community College, Southwest Tennessee Community College, Volunteer State Community College, and Walters State Community College, and other community colleges that may be established. The statewide system of state colleges of applied technology, established under chapter 11, part 4, of this title, shall be composed of the state colleges of applied technology now established and located at Athens, Chattanooga, Covington, Crossville, Crump, Dickson, Elizabethton, Harriman, Hartsville, Hohenwald, Jacksboro, Jackson, Knoxville, Livingston, McKenzie, McMinnville, Memphis, Morristown, Murfreesboro, Nashville, Newbern, Oneida, Paris, Pulaski, Ripley, Shelbyville, and Whiteville. The board of regents is authorized to establish additional state colleges of applied technology or to combine existing state colleges of applied technology as needed to improve operational and administrative efficiencies.
(B) Subject to certain powers and duties reserved for and relegated to the Tennessee higher education commission, the government, management, and control of the state community colleges and the state colleges of applied technology shall be vested in the board of regents.
(b) The board of regents shall work collaboratively with state university boards to ensure alignment between community colleges and state universities, especially in regards to innovation and student success initiatives.
(c) (1) Notwithstanding any law to the contrary, the board of regents, in consultation with the Tennessee higher education commission, shall establish a comprehensive statewide community college system of coordinated programs and services to be known as the Tennessee community college system. (2) It is the legislative intent that the Tennessee community college system operate as a unified system with individual campuses, teaching centers and teaching sites as necessary to maximize the effectiveness of the system in enhancing student success and increasing the number of college degrees held by Tennesseans. (3) In order to carry out this subsection (c), the board shall develop a plan to transition from the existing system of thirteen (13) independently managed institutions to a comprehensive statewide community college system managed as a unified system. Such plan shall identify any statutory changes needed to accomplish the transition. (4) As part of its plan, the board shall identify and implement consolidation of services among institutions and standardization of processes between institutions in order to improve efficiency and effectiveness in all functional areas, including, but not limited to, student services, academic support and institutional support. (5) The plan shall also incorporate the use of block scheduling and cohort programming as a means of delivering educational programs within the Tennessee community college system. Programs developed pursuant to this subdivision (c)(5) shall be developed in a manner that results in the opportunity for more rapid and significantly higher rates of program completion through structured degree programs that incorporate fixed course offerings that meet the requirements for the degree being offered on a predetermined schedule. (6) In carrying out this subsection (c), the Tennessee community college system shall pursue strategies to create mutually beneficial relationships with colleges of applied technology such that certificate programs may be offered at community college sites and community college courses may be offered at colleges of applied technology. (7) This subsection (c) shall be fully implemented no later than July 1, 2012.
(1) Notwithstanding any law to the contrary, the board of regents, in consultation with the Tennessee higher education commission, shall establish a comprehensive statewide community college system of coordinated programs and services to be known as the Tennessee community college system.
(2) It is the legislative intent that the Tennessee community college system operate as a unified system with individual campuses, teaching centers and teaching sites as necessary to maximize the effectiveness of the system in enhancing student success and increasing the number of college degrees held by Tennesseans.
(3) In order to carry out this subsection (c), the board shall develop a plan to transition from the existing system of thirteen (13) independently managed institutions to a comprehensive statewide community college system managed as a unified system. Such plan shall identify any statutory changes needed to accomplish the transition.
(4) As part of its plan, the board shall identify and implement consolidation of services among institutions and standardization of processes between institutions in order to improve efficiency and effectiveness in all functional areas, including, but not limited to, student services, academic support and institutional support.
(5) The plan shall also incorporate the use of block scheduling and cohort programming as a means of delivering educational programs within the Tennessee community college system. Programs developed pursuant to this subdivision (c)(5) shall be developed in a manner that results in the opportunity for more rapid and significantly higher rates of program completion through structured degree programs that incorporate fixed course offerings that meet the requirements for the degree being offered on a predetermined schedule.
(6) In carrying out this subsection (c), the Tennessee community college system shall pursue strategies to create mutually beneficial relationships with colleges of applied technology such that certificate programs may be offered at community college sites and community college courses may be offered at colleges of applied technology.
(7) This subsection (c) shall be fully implemented no later than July 1, 2012.
(d) All institutions in the state university and community college system shall submit annually institutional mission statements to the Tennessee higher education commission for review and approval. An institutional mission statement shall: (1) Characterize distinctiveness in degree offerings by level, focus, and student characteristics, including, but not limited to, nontraditional students and part-time students; and (2) Address institutional accountability for the quality of instruction, student learning, and, when applicable, research and public service to benefit Tennessee citizens.
(1) Characterize distinctiveness in degree offerings by level, focus, and student characteristics, including, but not limited to, nontraditional students and part-time students; and
(2) Address institutional accountability for the quality of instruction, student learning, and, when applicable, research and public service to benefit Tennessee citizens.
(e) Nothing contained in this section shall prohibit any institution from pursuing research and related activities that are consistent with the institution's mission.
Amended by 2018 Tenn. Acts, ch. 877,s 1, eff. 5/3/2018.
Amended by 2016 Tenn. Acts, ch. 869,s 2, eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 869,s 1, eff. 7/1/2016.
Amended by 2013 Tenn. Acts, ch. 473,s 7, eff. 7/1/2013.
Acts 1972, ch. 838, § 1; 1973, ch. 80, §§ 2, 4; 1973, ch. 200, § 1; 1983, ch. 181, § 3; T.C.A., § 49-3236; Acts 1994, ch. 538, § 2; 1994, ch. 685, § 3; 1999, ch. 510, § 1; 2002, ch. 618, § 1; 2009, ch. 352, § 1; 2010 (1st Ex. Sess.), ch. 3, § 8.