Tenn. Code Ann. § 49-6-2201 — TN Code / Title 49 / Chapter 6 / Section 49-6-2201
State textbook and instructional materials quality commission
Status: in_force

(a) (1) There is created a state textbook and instructional materials quality commission composed of thirteen (13) members, eleven (11) of whom shall be appointed as follows: (A) The speaker of the senate appoints a: (i) Director of schools or a person with a valid instructional leader license; (ii) Teacher or instructional supervisor in the intermediate grades, grades four through eight (4-8), or a retired teacher or retired instructional supervisor who taught or supervised grades four through eight (4-8); and (iii) School librarian or a retired school librarian; (B) The speaker of the house of representatives appoints a: (i) Director of schools or a person with a valid instructional leader license; (ii) Teacher or instructional supervisor in the lower grades, grades kindergarten through three (K-3), or a retired teacher or retired instructional supervisor who taught or supervised grades kindergarten through three (K-3); and (iii) School librarian or a retired school librarian; (C) The governor shall appoint a: (i) Principal; and (ii) Teacher or instructional supervisor in the upper grade subjects, grades nine through twelve (9-12); (D) (i) The three (3) remaining members shall be citizens of this state who are not employed in the public kindergarten through grade twelve (K-12) educational system but who are knowledgeable of education issues in this state; (ii) The citizen members listed in subdivision (a)(1)(D)(i) shall be appointed as follows: (a) The governor shall appoint a person who resides in the western grand division; (b) The speaker of the senate shall appoint a person who resides in the eastern grand division; and (c) The speaker of the house of representatives shall appoint a person who resides in the middle grand division; and (E) If a member's initial qualification changes, the member shall be allowed to complete such member's term of appointment. (2) The commissioner of education, or a deputy or assistant commissioner of education serving as the commissioner's designee, shall be an ex officio secretary of the commission, without the right to vote, and shall serve without additional compensation for such service. (3) In making appointments pursuant to subdivisions (a)(1)(A)-(C), the appointing authorities shall strive to ensure that a proportionate number of persons are appointed to the commission from each grand division. (4) The Tennessee state library coordinator shall serve as an ex officio non-voting member of the commission. (b) (1) Except as otherwise provided in subdivisions (b)(2) and (3), each member appointed pursuant to subdivisions (a)(1)(C) and (D)(ii)(a) must be confirmed by joint resolution of the general assembly upon the recommendation of the education committee of the senate and the education administration committee of the house of representatives in the legislative session immediately following the appointment. (2) If the general assembly is not in session at the time a member is appointed to fill a vacancy, the new appointee shall serve for the term appointed unless such appointment is not confirmed within ninety (90) calendar days after the general assembly next convenes in regular session following such appointment. (3) If the general assembly is not in session when initial appointments are made, all initial appointments shall serve the terms prescribed pursuant to subdivision (d)(2), unless such appointments are not confirmed within ninety (90) days after the general assembly next convenes in regular session following such appointments. (c) Except as provided in subsection (d) for initial appointments, the terms of the members of the commission shall be three (3) years. (d) (1) The entire membership of the commission as comprised on June 30, 2018, shall be vacated on July 1, 2018, and new members shall be appointed and confirmed in accordance with subsections (a) and (b). (2) In order to stagger the terms of the newly appointed commission members, initial appointments shall be made as follows: (A) The persons appointed pursuant to subdivision (a)(1)(D)(ii) shall serve an initial term of one (1) year, which shall expire on June 30, 2019; (B) The persons appointed pursuant to subdivisions (a)(1)(A)(i), (a)(1)(B)(i), and (a)(1)(C)(i) shall serve an initial term of two (2) years, which shall expire on June 30, 2020; (C) The persons appointed pursuant to subdivisions (a)(1)(A)(ii), (a)(1)(B)(ii), and (a)(1)(C)(ii) shall serve an initial term of three (3) years, which shall expire on June 30, 2021; and (D) The persons appointed pursuant to subdivisions (a)(1)(A)(iii) and (B)(iii) serve an initial term of three (3) years, which must expire on June 30, 2025. (e) (1) Following the expiration of members' initial terms as prescribed in subdivision (d)(2), all three-year terms shall begin on July 1 and terminate on June 30, three (3) years thereafter. (2) In the event of a vacancy, the respective appointing authority shall fill the vacancy for the unexpired term. (f) At the first regular meeting in each calendar year, the members of the commission shall elect a chair for a one-year term or until a successor is elected. (g) (1) Before members of the commission begin to discharge their duties, they shall take and subscribe to the following oath: "I do hereby declare that I am not now directly or indirectly financially interested in, or employed by, any textbook or instructional materials publisher or agency, and that I will not become directly or indirectly financially interested in any of the proposed contracts, nor in any book or instructional materials, nor in any publishing concern handling or offering any books or other publications to the commission, of which I am a member, for listing and adoption, and I do hereby promise that I will act honestly, faithfully, and conscientiously, and in all respects will discharge my duty as a member of this commission to the best of my skill and ability." (2) A violation of the oath taken pursuant to subdivision (g)(1) as determined by the department of education, in consultation with the commission, shall be grounds for the removal of a member by the respective appointing authority. A violation of the oath taken pursuant to subdivision (g)(1) may subject the commission member to criminal prosecution pursuant to applicable criminal statutes. (h) The department of education shall assist the commission by providing mandatory training to newly appointed members on the textbook and instructional materials review process and the completion of their assigned tasks, including, but not limited to, the following: (1) The delivery of quality textbook and instructional materials programs to the LEAs of the state, as fulfilled through the development of rules for the bidding and contracting of textbook and instructional materials programs; (2) The adoption of physical standards and specifications that assure suitable durability of the textbooks, instructional materials, and supplemental materials; (3) The review of programs bid against the academic standards approved by the state board of education; (4) The establishment of contracts that guarantee the availability of adopted programs to all LEAs at the lowest price; (5) The authority, responsibility, and duties of the commission, which include a review of the statutes and rules that govern the commission and the textbook and instructional materials review process; (6) The time frame for the textbook and instructional materials review process; (7) The process of appointing members to the advisory panels and expectations of the members of the panels; (8) The First Amendment to the United States Constitution as it applies to the textbook and instructional materials adoption process; and (9) (A) The goals of the textbook and instructional materials book review process. The commission shall not approve a textbook or instructional materials for adoption by LEAs unless the textbook or instructional materials: (i) Conform to the standards for its subject area or grade level; (ii) Are free of any clear, substantive, factual, or grammatical error; and (iii) Comply with and reflect the values expressed in § 49-6-1028(b) , if the textbook or instructional materials are being considered for adoption as a textbook or instructional materials for education of students in general studies and specifically in United States history and this nation's republican form of government; (B) Nothing in this part prohibits the use of or applies to supplemental instructional materials. (i) (1) No member of the commission shall receive any gift, reward, present, or emolument from any author, publisher, or distributor of textbooks or instructional materials, except copies of textbooks and instructional materials offered for listing and adoption. (2) No member or employee of the commission shall accept any employment as agent, attorney, subagent, employee, or representative of any author, publisher, or distributor of textbooks or instructional materials during the person's term of service on the commission, nor within twelve (12) months after the expiration of the person's term of office. (3) (A) No author, publisher, agent, attorney, employee, or representative of any author, publisher, or distributor shall give any gift, reward, present, or emolument to any member of the commission nor make any offer of employment to a member of the commission during the member's term of service whereby the member is to become the agent, employee, attorney, or representative of the author or publisher. (B) Any contract, expressed or implied, made by any person, firm, or corporation in violation of subdivision (i)(3)(A) is declared to be illegal and void and no recovery thereon shall be had. (4) A commission member who knowingly violates subdivision (i)(1) or (i)(2) may be subject to criminal prosecution pursuant to applicable criminal statutes. (j) Members of the commission shall not be compensated for their services but may be reimbursed for travel expenses in accordance with the comprehensive travel regulations promulgated by the commissioner of finance and administration and approved by the attorney general and reporter. (k) (1) Before July 1, 2022, six (6) members of the commission constitute a quorum for the purpose of meeting and conducting business. Beginning on July 1, 2022, seven (7) members of the commission constitute a quorum for the purpose of meeting and conducting business. (2) No action of the commission shall be valid unless authorized by the affirmative vote of a majority of the members of the commission. (3) The commission shall have two (2) regular meetings each school year to be held on the dates determined and announced by the commission. Notice of each regular meeting of the commission shall be posted on the department's website within three (3) full business days of the setting of the meeting dates. (4) The commission may have as many special meetings as it deems necessary; provided, that in no case shall any member or members of this commission receive traveling expenses for more than three (3) special meetings in one (1) school year. (5) Public notice of the call for the special meetings shall be made by the secretary of the commission at least ten (10) business days in advance of the date set for the special meeting and shall be posted within one (1) full business day of the call. (6) All meetings shall be held in the office of the commissioner of education or at such place as designated by the commission. (7) Meetings of the commission shall be made available for viewing by the public over the internet by streaming video accessible from the website of the department of education. Archived videos of the commission's meetings shall also be available to the public through the department's website. (l) (1) (A) The commission may recruit and appoint an advisory panel of expert teachers and other experts in each subject area or grade level to advise the commission on textbook and instructional material selections. (B) At least one (1) teacher shall be appointed to each advisory panel. Teachers appointed to the advisory panels shall possess a license to teach with an endorsement in the subject area or grade level for which they shall review textbooks or instructional materials. (C) Experts, who are not public school teachers, may include college professors and credentialed subject matter specialists. (D) All members of advisory panels must have a specific knowledge of and expertise in the content of the subject matter contained in the textbooks or instructional materials they review. (2) The department of education shall assist the commission by providing mandatory training to members of advisory panels on the review process and the completion of their assigned tasks. The mandatory training shall include: (A) (i) The requirements for performing a thorough review of all textbooks or instructional materials assigned to a member for review. The review shall include an examination as to whether the textbooks or instructional materials: (a) Conform to the standards for their subject areas or grade levels; (b) Are free of any clear, substantive, factual, or grammatical errors; and (c) Comply with and reflect the values expressed in § 49-6-1028(b) , if the textbook or instructional materials are being considered for adoption as a textbook or instructional materials for education of students in general studies and specifically in United States history and this nation's republican form of government; and (ii) Nothing in this part prohibits the use of or applies to supplemental instructional materials; (B) The use of any forms developed by the commission for making a review; and (C) The time frame for completing their tasks. (3) The advisory panelists shall individually make their recommendations and shall not be convened except upon the call of the chair of the commission. If convened, the panelists may be reimbursed from funds available to the commission for travel expenses in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. (4) The names of the reviewers, their positions, employers, and the panels on which they serve shall be identified on the department's website. The reviews of the members of an advisory panel shall be posted on the department's website without any information that would identify the reviewers. (5) Each textbook or any instructional materials proposed for approval shall be reviewed by multiple members of the panel. (6) Before issuing a recommendation on a textbook or on instructional materials, each advisory panelist shall review the public comments on the textbook or instructional materials posted on the department's website, pursuant to § 49-6-2203(d)(4) . Each advisory panelist shall consider the public comments in making the panelist's recommendation. (7) The commission shall evaluate all reviews submitted by the members of the advisory panel for each textbook or any instructional materials proposed for approval. The commission shall also review the public comments posted on the department's website, pursuant to § 49-6-2203(d)(4) . If the reviews by the members of the advisory panel for a specific textbook or instructional materials do not lead to a clear recommendation as to the approval or rejection of the textbook or instructional materials or if the commission finds that the public comments indicate that further review of a textbook or any instructional materials is called for, then the commission shall conduct a public hearing as to whether the textbook or instructional materials should be approved. Notice of the public hearing shall be prominently posted on the home page of the department's website at least thirty (30) days prior to the meeting of the commission at which the textbook or instructional materials are to be considered. (8) The commission is authorized to promulgate rules and regulations for the recruitment and appointment of members to the advisory panels and the process by which the members review their assigned texts. (m) (1) Notwithstanding any law to the contrary, the commission shall: (A) Issue guidance for LEAs and public charter schools to use when reviewing materials in a library collection to ensure that the materials are appropriate for the age and maturity levels of the students who may access the materials, and that the materials are suitable for, and consistent with, the educational mission of the school. The guidance must be issued to LEAs and public charter schools no later than December 1, 2022, and annually reviewed and updated by the commission by each December 1 thereafter; (B) Assist LEAs and public charter schools in: (i) Evaluating the appropriateness of materials in a library collection for which the LEA or public charter school has received feedback from a student, a student's parent or guardian, or a school employee challenging or questioning the appropriateness of materials under review by the LEA or public charter school; and (ii) Responding to feedback, complaints, or appeals challenging the appropriateness of materials contained in the library collection of one (1) or more of the LEA's schools, or of the public charter school, filed with the LEA or public charter school as part of a review or appeals process established by the policies of the respective LEA or public charter school, if applicable; (C) Establish a timeline and process for a student, a student's parent or guardian, or a school employee to appeal a determination made by the student's or employee's local board of education or public charter school governing body that materials in the student's or employee's school's library collection are inappropriate for the age or maturity levels of the students who may access the materials, or that the materials are not suitable for, or are otherwise inconsistent with, the educational mission of the school, resulting in the materials' removal from the school's library collection. The commission: (i) May limit the number of times the removal of a particular material may be appealed to the commission; the number of appeals that may be filed with the commission by an individual within a certain period of time; and the number of materials removed by a local board of education or public charter school governing body that an individual may appeal to the commission at one (1) time; and (ii) Shall issue the commission's findings on appeal in writing to each LEA and public charter school. Each LEA and public charter school shall include, or remove, the challenged material in, or from, the library collection for each of the LEA's schools, or for the public charter school, as applicable, for the grade levels for which the commission has found the challenged material to be appropriate or inappropriate for students; and (D) Evaluate and determine whether a material in a school's library collection is appropriate for the age and maturity level of the students who may access the materials, and whether the material is suitable for, and consistent with, the educational mission of the school if the local board of education or public charter school governing body does not make a determination on a material for which it received feedback within sixty (60) days from the date on which the feedback was received, pursuant to § 49-6-3803(e) , and the student, student's parent or guardian, or school employee who submitted the feedback requests the commission to evaluate the material. The commission shall issue the commission's determination in writing to each LEA and public charter school. Each LEA and public charter school shall include, or remove, the challenged material in, or from, the library collection for each of the LEA's schools, or for the public charter school, as applicable, for the grade levels for which the commission has found the challenged material to be appropriate or inappropriate for students. (2) As used in this subsection (m), "materials" and "library collection" have the same meaning as defined in § 49-6-3802 . Amended by 2024 Tenn. Acts, ch. 782,s 2, eff. 7/1/2024. Amended by 2022 Tenn. Acts, ch. 1137, Secs.s 1, s 2, s 3, s 4, s 5, s 6, s 7, s 8, s 9 eff. 6/3/2022. Amended by 2021 Tenn. Acts, ch. 64, s 87, eff. 3/29/2021. Amended by 2020 Tenn. Acts, ch. 770, s 5, eff. 8/1/2020. Amended by 2020 Tenn. Acts, ch. 770, s 3, eff. 8/1/2020. Amended by 2019 Tenn. Acts, ch. 345, s 101, eff. 5/10/2019. Amended by 2018 Tenn. Acts, ch. 711, s 3, eff. 4/12/2018. Amended by 2016 Tenn. Acts, ch. 999, s 10, eff. 4/27/2016. Amended by 2015 Tenn. Acts, ch. 182, s 45, eff. 4/17/2015. Amended by 2014 Tenn. Acts, ch. 981,s 3, eff. 1/1/2015. Acts 1951, ch. 180, §§ 2-5 (Williams, §§ 2453.28-2453.31); modified; Acts 1971, ch. 338; 1976, ch. 806, § 1(68); 1980, ch. 493, § 1; T.C.A. (orig. ed.), §§ 49-2001 -- 49-2007; Acts 1984, ch. 595, §§ 1-3, 8; 1988, ch. 590, § 1; 1997 , ch. 25, § 1; 2006, ch. 760, § 1.
(a) (1) There is created a state textbook and instructional materials quality commission composed of thirteen (13) members, eleven (11) of whom shall be appointed as follows: (A) The speaker of the senate appoints a: (i) Director of schools or a person with a valid instructional leader license; (ii) Teacher or instructional supervisor in the intermediate grades, grades four through eight (4-8), or a retired teacher or retired instructional supervisor who taught or supervised grades four through eight (4-8); and (iii) School librarian or a retired school librarian; (B) The speaker of the house of representatives appoints a: (i) Director of schools or a person with a valid instructional leader license; (ii) Teacher or instructional supervisor in the lower grades, grades kindergarten through three (K-3), or a retired teacher or retired instructional supervisor who taught or supervised grades kindergarten through three (K-3); and (iii) School librarian or a retired school librarian; (C) The governor shall appoint a: (i) Principal; and (ii) Teacher or instructional supervisor in the upper grade subjects, grades nine through twelve (9-12); (D) (i) The three (3) remaining members shall be citizens of this state who are not employed in the public kindergarten through grade twelve (K-12) educational system but who are knowledgeable of education issues in this state; (ii) The citizen members listed in subdivision (a)(1)(D)(i) shall be appointed as follows: (a) The governor shall appoint a person who resides in the western grand division; (b) The speaker of the senate shall appoint a person who resides in the eastern grand division; and (c) The speaker of the house of representatives shall appoint a person who resides in the middle grand division; and (E) If a member's initial qualification changes, the member shall be allowed to complete such member's term of appointment. (2) The commissioner of education, or a deputy or assistant commissioner of education serving as the commissioner's designee, shall be an ex officio secretary of the commission, without the right to vote, and shall serve without additional compensation for such service. (3) In making appointments pursuant to subdivisions (a)(1)(A)-(C), the appointing authorities shall strive to ensure that a proportionate number of persons are appointed to the commission from each grand division. (4) The Tennessee state library coordinator shall serve as an ex officio non-voting member of the commission.
(1) There is created a state textbook and instructional materials quality commission composed of thirteen (13) members, eleven (11) of whom shall be appointed as follows: (A) The speaker of the senate appoints a: (i) Director of schools or a person with a valid instructional leader license; (ii) Teacher or instructional supervisor in the intermediate grades, grades four through eight (4-8), or a retired teacher or retired instructional supervisor who taught or supervised grades four through eight (4-8); and (iii) School librarian or a retired school librarian; (B) The speaker of the house of representatives appoints a: (i) Director of schools or a person with a valid instructional leader license; (ii) Teacher or instructional supervisor in the lower grades, grades kindergarten through three (K-3), or a retired teacher or retired instructional supervisor who taught or supervised grades kindergarten through three (K-3); and (iii) School librarian or a retired school librarian; (C) The governor shall appoint a: (i) Principal; and (ii) Teacher or instructional supervisor in the upper grade subjects, grades nine through twelve (9-12); (D) (i) The three (3) remaining members shall be citizens of this state who are not employed in the public kindergarten through grade twelve (K-12) educational system but who are knowledgeable of education issues in this state; (ii) The citizen members listed in subdivision (a)(1)(D)(i) shall be appointed as follows: (a) The governor shall appoint a person who resides in the western grand division; (b) The speaker of the senate shall appoint a person who resides in the eastern grand division; and (c) The speaker of the house of representatives shall appoint a person who resides in the middle grand division; and (E) If a member's initial qualification changes, the member shall be allowed to complete such member's term of appointment.
(A) The speaker of the senate appoints a: (i) Director of schools or a person with a valid instructional leader license; (ii) Teacher or instructional supervisor in the intermediate grades, grades four through eight (4-8), or a retired teacher or retired instructional supervisor who taught or supervised grades four through eight (4-8); and (iii) School librarian or a retired school librarian;
(i) Director of schools or a person with a valid instructional leader license;
(ii) Teacher or instructional supervisor in the intermediate grades, grades four through eight (4-8), or a retired teacher or retired instructional supervisor who taught or supervised grades four through eight (4-8); and
(iii) School librarian or a retired school librarian;
(B) The speaker of the house of representatives appoints a: (i) Director of schools or a person with a valid instructional leader license; (ii) Teacher or instructional supervisor in the lower grades, grades kindergarten through three (K-3), or a retired teacher or retired instructional supervisor who taught or supervised grades kindergarten through three (K-3); and (iii) School librarian or a retired school librarian;
(i) Director of schools or a person with a valid instructional leader license;
(ii) Teacher or instructional supervisor in the lower grades, grades kindergarten through three (K-3), or a retired teacher or retired instructional supervisor who taught or supervised grades kindergarten through three (K-3); and
(iii) School librarian or a retired school librarian;
(C) The governor shall appoint a: (i) Principal; and (ii) Teacher or instructional supervisor in the upper grade subjects, grades nine through twelve (9-12);
(i) Principal; and
(ii) Teacher or instructional supervisor in the upper grade subjects, grades nine through twelve (9-12);
(D) (i) The three (3) remaining members shall be citizens of this state who are not employed in the public kindergarten through grade twelve (K-12) educational system but who are knowledgeable of education issues in this state; (ii) The citizen members listed in subdivision (a)(1)(D)(i) shall be appointed as follows: (a) The governor shall appoint a person who resides in the western grand division; (b) The speaker of the senate shall appoint a person who resides in the eastern grand division; and (c) The speaker of the house of representatives shall appoint a person who resides in the middle grand division; and
(i) The three (3) remaining members shall be citizens of this state who are not employed in the public kindergarten through grade twelve (K-12) educational system but who are knowledgeable of education issues in this state;
(ii) The citizen members listed in subdivision (a)(1)(D)(i) shall be appointed as follows: (a) The governor shall appoint a person who resides in the western grand division; (b) The speaker of the senate shall appoint a person who resides in the eastern grand division; and (c) The speaker of the house of representatives shall appoint a person who resides in the middle grand division; and
(a) The governor shall appoint a person who resides in the western grand division;
(b) The speaker of the senate shall appoint a person who resides in the eastern grand division; and
(c) The speaker of the house of representatives shall appoint a person who resides in the middle grand division; and
(E) If a member's initial qualification changes, the member shall be allowed to complete such member's term of appointment.
(2) The commissioner of education, or a deputy or assistant commissioner of education serving as the commissioner's designee, shall be an ex officio secretary of the commission, without the right to vote, and shall serve without additional compensation for such service.
(3) In making appointments pursuant to subdivisions (a)(1)(A)-(C), the appointing authorities shall strive to ensure that a proportionate number of persons are appointed to the commission from each grand division.
(4) The Tennessee state library coordinator shall serve as an ex officio non-voting member of the commission.
(b) (1) Except as otherwise provided in subdivisions (b)(2) and (3), each member appointed pursuant to subdivisions (a)(1)(C) and (D)(ii)(a) must be confirmed by joint resolution of the general assembly upon the recommendation of the education committee of the senate and the education administration committee of the house of representatives in the legislative session immediately following the appointment. (2) If the general assembly is not in session at the time a member is appointed to fill a vacancy, the new appointee shall serve for the term appointed unless such appointment is not confirmed within ninety (90) calendar days after the general assembly next convenes in regular session following such appointment. (3) If the general assembly is not in session when initial appointments are made, all initial appointments shall serve the terms prescribed pursuant to subdivision (d)(2), unless such appointments are not confirmed within ninety (90) days after the general assembly next convenes in regular session following such appointments.
(1) Except as otherwise provided in subdivisions (b)(2) and (3), each member appointed pursuant to subdivisions (a)(1)(C) and (D)(ii)(a) must be confirmed by joint resolution of the general assembly upon the recommendation of the education committee of the senate and the education administration committee of the house of representatives in the legislative session immediately following the appointment.
(2) If the general assembly is not in session at the time a member is appointed to fill a vacancy, the new appointee shall serve for the term appointed unless such appointment is not confirmed within ninety (90) calendar days after the general assembly next convenes in regular session following such appointment.
(3) If the general assembly is not in session when initial appointments are made, all initial appointments shall serve the terms prescribed pursuant to subdivision (d)(2), unless such appointments are not confirmed within ninety (90) days after the general assembly next convenes in regular session following such appointments.
(c) Except as provided in subsection (d) for initial appointments, the terms of the members of the commission shall be three (3) years.
(d) (1) The entire membership of the commission as comprised on June 30, 2018, shall be vacated on July 1, 2018, and new members shall be appointed and confirmed in accordance with subsections (a) and (b). (2) In order to stagger the terms of the newly appointed commission members, initial appointments shall be made as follows: (A) The persons appointed pursuant to subdivision (a)(1)(D)(ii) shall serve an initial term of one (1) year, which shall expire on June 30, 2019; (B) The persons appointed pursuant to subdivisions (a)(1)(A)(i), (a)(1)(B)(i), and (a)(1)(C)(i) shall serve an initial term of two (2) years, which shall expire on June 30, 2020; (C) The persons appointed pursuant to subdivisions (a)(1)(A)(ii), (a)(1)(B)(ii), and (a)(1)(C)(ii) shall serve an initial term of three (3) years, which shall expire on June 30, 2021; and (D) The persons appointed pursuant to subdivisions (a)(1)(A)(iii) and (B)(iii) serve an initial term of three (3) years, which must expire on June 30, 2025.
(1) The entire membership of the commission as comprised on June 30, 2018, shall be vacated on July 1, 2018, and new members shall be appointed and confirmed in accordance with subsections (a) and (b).
(2) In order to stagger the terms of the newly appointed commission members, initial appointments shall be made as follows: (A) The persons appointed pursuant to subdivision (a)(1)(D)(ii) shall serve an initial term of one (1) year, which shall expire on June 30, 2019; (B) The persons appointed pursuant to subdivisions (a)(1)(A)(i), (a)(1)(B)(i), and (a)(1)(C)(i) shall serve an initial term of two (2) years, which shall expire on June 30, 2020; (C) The persons appointed pursuant to subdivisions (a)(1)(A)(ii), (a)(1)(B)(ii), and (a)(1)(C)(ii) shall serve an initial term of three (3) years, which shall expire on June 30, 2021; and (D) The persons appointed pursuant to subdivisions (a)(1)(A)(iii) and (B)(iii) serve an initial term of three (3) years, which must expire on June 30, 2025.
(A) The persons appointed pursuant to subdivision (a)(1)(D)(ii) shall serve an initial term of one (1) year, which shall expire on June 30, 2019;
(B) The persons appointed pursuant to subdivisions (a)(1)(A)(i), (a)(1)(B)(i), and (a)(1)(C)(i) shall serve an initial term of two (2) years, which shall expire on June 30, 2020;
(C) The persons appointed pursuant to subdivisions (a)(1)(A)(ii), (a)(1)(B)(ii), and (a)(1)(C)(ii) shall serve an initial term of three (3) years, which shall expire on June 30, 2021; and
(D) The persons appointed pursuant to subdivisions (a)(1)(A)(iii) and (B)(iii) serve an initial term of three (3) years, which must expire on June 30, 2025.
(e) (1) Following the expiration of members' initial terms as prescribed in subdivision (d)(2), all three-year terms shall begin on July 1 and terminate on June 30, three (3) years thereafter. (2) In the event of a vacancy, the respective appointing authority shall fill the vacancy for the unexpired term.
(1) Following the expiration of members' initial terms as prescribed in subdivision (d)(2), all three-year terms shall begin on July 1 and terminate on June 30, three (3) years thereafter.
(2) In the event of a vacancy, the respective appointing authority shall fill the vacancy for the unexpired term.
(f) At the first regular meeting in each calendar year, the members of the commission shall elect a chair for a one-year term or until a successor is elected.
(g) (1) Before members of the commission begin to discharge their duties, they shall take and subscribe to the following oath: "I do hereby declare that I am not now directly or indirectly financially interested in, or employed by, any textbook or instructional materials publisher or agency, and that I will not become directly or indirectly financially interested in any of the proposed contracts, nor in any book or instructional materials, nor in any publishing concern handling or offering any books or other publications to the commission, of which I am a member, for listing and adoption, and I do hereby promise that I will act honestly, faithfully, and conscientiously, and in all respects will discharge my duty as a member of this commission to the best of my skill and ability." (2) A violation of the oath taken pursuant to subdivision (g)(1) as determined by the department of education, in consultation with the commission, shall be grounds for the removal of a member by the respective appointing authority. A violation of the oath taken pursuant to subdivision (g)(1) may subject the commission member to criminal prosecution pursuant to applicable criminal statutes.
(1) Before members of the commission begin to discharge their duties, they shall take and subscribe to the following oath: "I do hereby declare that I am not now directly or indirectly financially interested in, or employed by, any textbook or instructional materials publisher or agency, and that I will not become directly or indirectly financially interested in any of the proposed contracts, nor in any book or instructional materials, nor in any publishing concern handling or offering any books or other publications to the commission, of which I am a member, for listing and adoption, and I do hereby promise that I will act honestly, faithfully, and conscientiously, and in all respects will discharge my duty as a member of this commission to the best of my skill and ability."
"I do hereby declare that I am not now directly or indirectly financially interested in, or employed by, any textbook or instructional materials publisher or agency, and that I will not become directly or indirectly financially interested in any of the proposed contracts, nor in any book or instructional materials, nor in any publishing concern handling or offering any books or other publications to the commission, of which I am a member, for listing and adoption, and I do hereby promise that I will act honestly, faithfully, and conscientiously, and in all respects will discharge my duty as a member of this commission to the best of my skill and ability."
(2) A violation of the oath taken pursuant to subdivision (g)(1) as determined by the department of education, in consultation with the commission, shall be grounds for the removal of a member by the respective appointing authority. A violation of the oath taken pursuant to subdivision (g)(1) may subject the commission member to criminal prosecution pursuant to applicable criminal statutes.
(h) The department of education shall assist the commission by providing mandatory training to newly appointed members on the textbook and instructional materials review process and the completion of their assigned tasks, including, but not limited to, the following: (1) The delivery of quality textbook and instructional materials programs to the LEAs of the state, as fulfilled through the development of rules for the bidding and contracting of textbook and instructional materials programs; (2) The adoption of physical standards and specifications that assure suitable durability of the textbooks, instructional materials, and supplemental materials; (3) The review of programs bid against the academic standards approved by the state board of education; (4) The establishment of contracts that guarantee the availability of adopted programs to all LEAs at the lowest price; (5) The authority, responsibility, and duties of the commission, which include a review of the statutes and rules that govern the commission and the textbook and instructional materials review process; (6) The time frame for the textbook and instructional materials review process; (7) The process of appointing members to the advisory panels and expectations of the members of the panels; (8) The First Amendment to the United States Constitution as it applies to the textbook and instructional materials adoption process; and (9) (A) The goals of the textbook and instructional materials book review process. The commission shall not approve a textbook or instructional materials for adoption by LEAs unless the textbook or instructional materials: (i) Conform to the standards for its subject area or grade level; (ii) Are free of any clear, substantive, factual, or grammatical error; and (iii) Comply with and reflect the values expressed in § 49-6-1028(b) , if the textbook or instructional materials are being considered for adoption as a textbook or instructional materials for education of students in general studies and specifically in United States history and this nation's republican form of government; (B) Nothing in this part prohibits the use of or applies to supplemental instructional materials.
(1) The delivery of quality textbook and instructional materials programs to the LEAs of the state, as fulfilled through the development of rules for the bidding and contracting of textbook and instructional materials programs;
(2) The adoption of physical standards and specifications that assure suitable durability of the textbooks, instructional materials, and supplemental materials;
(3) The review of programs bid against the academic standards approved by the state board of education;
(4) The establishment of contracts that guarantee the availability of adopted programs to all LEAs at the lowest price;
(5) The authority, responsibility, and duties of the commission, which include a review of the statutes and rules that govern the commission and the textbook and instructional materials review process;
(6) The time frame for the textbook and instructional materials review process;
(7) The process of appointing members to the advisory panels and expectations of the members of the panels;
(8) The First Amendment to the United States Constitution as it applies to the textbook and instructional materials adoption process; and
(9) (A) The goals of the textbook and instructional materials book review process. The commission shall not approve a textbook or instructional materials for adoption by LEAs unless the textbook or instructional materials: (i) Conform to the standards for its subject area or grade level; (ii) Are free of any clear, substantive, factual, or grammatical error; and (iii) Comply with and reflect the values expressed in § 49-6-1028(b) , if the textbook or instructional materials are being considered for adoption as a textbook or instructional materials for education of students in general studies and specifically in United States history and this nation's republican form of government; (B) Nothing in this part prohibits the use of or applies to supplemental instructional materials.
(A) The goals of the textbook and instructional materials book review process. The commission shall not approve a textbook or instructional materials for adoption by LEAs unless the textbook or instructional materials: (i) Conform to the standards for its subject area or grade level; (ii) Are free of any clear, substantive, factual, or grammatical error; and (iii) Comply with and reflect the values expressed in § 49-6-1028(b) , if the textbook or instructional materials are being considered for adoption as a textbook or instructional materials for education of students in general studies and specifically in United States history and this nation's republican form of government;
(i) Conform to the standards for its subject area or grade level;
(ii) Are free of any clear, substantive, factual, or grammatical error; and
(iii) Comply with and reflect the values expressed in § 49-6-1028(b) , if the textbook or instructional materials are being considered for adoption as a textbook or instructional materials for education of students in general studies and specifically in United States history and this nation's republican form of government;
(B) Nothing in this part prohibits the use of or applies to supplemental instructional materials.
(i) (1) No member of the commission shall receive any gift, reward, present, or emolument from any author, publisher, or distributor of textbooks or instructional materials, except copies of textbooks and instructional materials offered for listing and adoption. (2) No member or employee of the commission shall accept any employment as agent, attorney, subagent, employee, or representative of any author, publisher, or distributor of textbooks or instructional materials during the person's term of service on the commission, nor within twelve (12) months after the expiration of the person's term of office. (3) (A) No author, publisher, agent, attorney, employee, or representative of any author, publisher, or distributor shall give any gift, reward, present, or emolument to any member of the commission nor make any offer of employment to a member of the commission during the member's term of service whereby the member is to become the agent, employee, attorney, or representative of the author or publisher. (B) Any contract, expressed or implied, made by any person, firm, or corporation in violation of subdivision (i)(3)(A) is declared to be illegal and void and no recovery thereon shall be had. (4) A commission member who knowingly violates subdivision (i)(1) or (i)(2) may be subject to criminal prosecution pursuant to applicable criminal statutes.
(1) No member of the commission shall receive any gift, reward, present, or emolument from any author, publisher, or distributor of textbooks or instructional materials, except copies of textbooks and instructional materials offered for listing and adoption.
(2) No member or employee of the commission shall accept any employment as agent, attorney, subagent, employee, or representative of any author, publisher, or distributor of textbooks or instructional materials during the person's term of service on the commission, nor within twelve (12) months after the expiration of the person's term of office.
(3) (A) No author, publisher, agent, attorney, employee, or representative of any author, publisher, or distributor shall give any gift, reward, present, or emolument to any member of the commission nor make any offer of employment to a member of the commission during the member's term of service whereby the member is to become the agent, employee, attorney, or representative of the author or publisher. (B) Any contract, expressed or implied, made by any person, firm, or corporation in violation of subdivision (i)(3)(A) is declared to be illegal and void and no recovery thereon shall be had.
(A) No author, publisher, agent, attorney, employee, or representative of any author, publisher, or distributor shall give any gift, reward, present, or emolument to any member of the commission nor make any offer of employment to a member of the commission during the member's term of service whereby the member is to become the agent, employee, attorney, or representative of the author or publisher.
(B) Any contract, expressed or implied, made by any person, firm, or corporation in violation of subdivision (i)(3)(A) is declared to be illegal and void and no recovery thereon shall be had.
(4) A commission member who knowingly violates subdivision (i)(1) or (i)(2) may be subject to criminal prosecution pursuant to applicable criminal statutes.
(j) Members of the commission shall not be compensated for their services but may be reimbursed for travel expenses in accordance with the comprehensive travel regulations promulgated by the commissioner of finance and administration and approved by the attorney general and reporter.
(k) (1) Before July 1, 2022, six (6) members of the commission constitute a quorum for the purpose of meeting and conducting business. Beginning on July 1, 2022, seven (7) members of the commission constitute a quorum for the purpose of meeting and conducting business. (2) No action of the commission shall be valid unless authorized by the affirmative vote of a majority of the members of the commission. (3) The commission shall have two (2) regular meetings each school year to be held on the dates determined and announced by the commission. Notice of each regular meeting of the commission shall be posted on the department's website within three (3) full business days of the setting of the meeting dates. (4) The commission may have as many special meetings as it deems necessary; provided, that in no case shall any member or members of this commission receive traveling expenses for more than three (3) special meetings in one (1) school year. (5) Public notice of the call for the special meetings shall be made by the secretary of the commission at least ten (10) business days in advance of the date set for the special meeting and shall be posted within one (1) full business day of the call. (6) All meetings shall be held in the office of the commissioner of education or at such place as designated by the commission. (7) Meetings of the commission shall be made available for viewing by the public over the internet by streaming video accessible from the website of the department of education. Archived videos of the commission's meetings shall also be available to the public through the department's website.
(1) Before July 1, 2022, six (6) members of the commission constitute a quorum for the purpose of meeting and conducting business. Beginning on July 1, 2022, seven (7) members of the commission constitute a quorum for the purpose of meeting and conducting business.
(2) No action of the commission shall be valid unless authorized by the affirmative vote of a majority of the members of the commission.
(3) The commission shall have two (2) regular meetings each school year to be held on the dates determined and announced by the commission. Notice of each regular meeting of the commission shall be posted on the department's website within three (3) full business days of the setting of the meeting dates.
(4) The commission may have as many special meetings as it deems necessary; provided, that in no case shall any member or members of this commission receive traveling expenses for more than three (3) special meetings in one (1) school year.
(5) Public notice of the call for the special meetings shall be made by the secretary of the commission at least ten (10) business days in advance of the date set for the special meeting and shall be posted within one (1) full business day of the call.
(6) All meetings shall be held in the office of the commissioner of education or at such place as designated by the commission.
(7) Meetings of the commission shall be made available for viewing by the public over the internet by streaming video accessible from the website of the department of education. Archived videos of the commission's meetings shall also be available to the public through the department's website.
(l) (1) (A) The commission may recruit and appoint an advisory panel of expert teachers and other experts in each subject area or grade level to advise the commission on textbook and instructional material selections. (B) At least one (1) teacher shall be appointed to each advisory panel. Teachers appointed to the advisory panels shall possess a license to teach with an endorsement in the subject area or grade level for which they shall review textbooks or instructional materials. (C) Experts, who are not public school teachers, may include college professors and credentialed subject matter specialists. (D) All members of advisory panels must have a specific knowledge of and expertise in the content of the subject matter contained in the textbooks or instructional materials they review. (2) The department of education shall assist the commission by providing mandatory training to members of advisory panels on the review process and the completion of their assigned tasks. The mandatory training shall include: (A) (i) The requirements for performing a thorough review of all textbooks or instructional materials assigned to a member for review. The review shall include an examination as to whether the textbooks or instructional materials: (a) Conform to the standards for their subject areas or grade levels; (b) Are free of any clear, substantive, factual, or grammatical errors; and (c) Comply with and reflect the values expressed in § 49-6-1028(b) , if the textbook or instructional materials are being considered for adoption as a textbook or instructional materials for education of students in general studies and specifically in United States history and this nation's republican form of government; and (ii) Nothing in this part prohibits the use of or applies to supplemental instructional materials; (B) The use of any forms developed by the commission for making a review; and (C) The time frame for completing their tasks. (3) The advisory panelists shall individually make their recommendations and shall not be convened except upon the call of the chair of the commission. If convened, the panelists may be reimbursed from funds available to the commission for travel expenses in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. (4) The names of the reviewers, their positions, employers, and the panels on which they serve shall be identified on the department's website. The reviews of the members of an advisory panel shall be posted on the department's website without any information that would identify the reviewers. (5) Each textbook or any instructional materials proposed for approval shall be reviewed by multiple members of the panel. (6) Before issuing a recommendation on a textbook or on instructional materials, each advisory panelist shall review the public comments on the textbook or instructional materials posted on the department's website, pursuant to § 49-6-2203(d)(4) . Each advisory panelist shall consider the public comments in making the panelist's recommendation. (7) The commission shall evaluate all reviews submitted by the members of the advisory panel for each textbook or any instructional materials proposed for approval. The commission shall also review the public comments posted on the department's website, pursuant to § 49-6-2203(d)(4) . If the reviews by the members of the advisory panel for a specific textbook or instructional materials do not lead to a clear recommendation as to the approval or rejection of the textbook or instructional materials or if the commission finds that the public comments indicate that further review of a textbook or any instructional materials is called for, then the commission shall conduct a public hearing as to whether the textbook or instructional materials should be approved. Notice of the public hearing shall be prominently posted on the home page of the department's website at least thirty (30) days prior to the meeting of the commission at which the textbook or instructional materials are to be considered. (8) The commission is authorized to promulgate rules and regulations for the recruitment and appointment of members to the advisory panels and the process by which the members review their assigned texts.
(1) (A) The commission may recruit and appoint an advisory panel of expert teachers and other experts in each subject area or grade level to advise the commission on textbook and instructional material selections. (B) At least one (1) teacher shall be appointed to each advisory panel. Teachers appointed to the advisory panels shall possess a license to teach with an endorsement in the subject area or grade level for which they shall review textbooks or instructional materials. (C) Experts, who are not public school teachers, may include college professors and credentialed subject matter specialists. (D) All members of advisory panels must have a specific knowledge of and expertise in the content of the subject matter contained in the textbooks or instructional materials they review.
(A) The commission may recruit and appoint an advisory panel of expert teachers and other experts in each subject area or grade level to advise the commission on textbook and instructional material selections.
(B) At least one (1) teacher shall be appointed to each advisory panel. Teachers appointed to the advisory panels shall possess a license to teach with an endorsement in the subject area or grade level for which they shall review textbooks or instructional materials.
(C) Experts, who are not public school teachers, may include college professors and credentialed subject matter specialists.
(D) All members of advisory panels must have a specific knowledge of and expertise in the content of the subject matter contained in the textbooks or instructional materials they review.
(2) The department of education shall assist the commission by providing mandatory training to members of advisory panels on the review process and the completion of their assigned tasks. The mandatory training shall include: (A) (i) The requirements for performing a thorough review of all textbooks or instructional materials assigned to a member for review. The review shall include an examination as to whether the textbooks or instructional materials: (a) Conform to the standards for their subject areas or grade levels; (b) Are free of any clear, substantive, factual, or grammatical errors; and (c) Comply with and reflect the values expressed in § 49-6-1028(b) , if the textbook or instructional materials are being considered for adoption as a textbook or instructional materials for education of students in general studies and specifically in United States history and this nation's republican form of government; and (ii) Nothing in this part prohibits the use of or applies to supplemental instructional materials; (B) The use of any forms developed by the commission for making a review; and (C) The time frame for completing their tasks.
(A) (i) The requirements for performing a thorough review of all textbooks or instructional materials assigned to a member for review. The review shall include an examination as to whether the textbooks or instructional materials: (a) Conform to the standards for their subject areas or grade levels; (b) Are free of any clear, substantive, factual, or grammatical errors; and (c) Comply with and reflect the values expressed in § 49-6-1028(b) , if the textbook or instructional materials are being considered for adoption as a textbook or instructional materials for education of students in general studies and specifically in United States history and this nation's republican form of government; and (ii) Nothing in this part prohibits the use of or applies to supplemental instructional materials;
(i) The requirements for performing a thorough review of all textbooks or instructional materials assigned to a member for review. The review shall include an examination as to whether the textbooks or instructional materials: (a) Conform to the standards for their subject areas or grade levels; (b) Are free of any clear, substantive, factual, or grammatical errors; and (c) Comply with and reflect the values expressed in § 49-6-1028(b) , if the textbook or instructional materials are being considered for adoption as a textbook or instructional materials for education of students in general studies and specifically in United States history and this nation's republican form of government; and
(a) Conform to the standards for their subject areas or grade levels;
(b) Are free of any clear, substantive, factual, or grammatical errors; and
(c) Comply with and reflect the values expressed in § 49-6-1028(b) , if the textbook or instructional materials are being considered for adoption as a textbook or instructional materials for education of students in general studies and specifically in United States history and this nation's republican form of government; and
(ii) Nothing in this part prohibits the use of or applies to supplemental instructional materials;
(B) The use of any forms developed by the commission for making a review; and
(C) The time frame for completing their tasks.
(3) The advisory panelists shall individually make their recommendations and shall not be convened except upon the call of the chair of the commission. If convened, the panelists may be reimbursed from funds available to the commission for travel expenses in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
(4) The names of the reviewers, their positions, employers, and the panels on which they serve shall be identified on the department's website. The reviews of the members of an advisory panel shall be posted on the department's website without any information that would identify the reviewers.
(5) Each textbook or any instructional materials proposed for approval shall be reviewed by multiple members of the panel.
(6) Before issuing a recommendation on a textbook or on instructional materials, each advisory panelist shall review the public comments on the textbook or instructional materials posted on the department's website, pursuant to § 49-6-2203(d)(4) . Each advisory panelist shall consider the public comments in making the panelist's recommendation.
(7) The commission shall evaluate all reviews submitted by the members of the advisory panel for each textbook or any instructional materials proposed for approval. The commission shall also review the public comments posted on the department's website, pursuant to § 49-6-2203(d)(4) . If the reviews by the members of the advisory panel for a specific textbook or instructional materials do not lead to a clear recommendation as to the approval or rejection of the textbook or instructional materials or if the commission finds that the public comments indicate that further review of a textbook or any instructional materials is called for, then the commission shall conduct a public hearing as to whether the textbook or instructional materials should be approved. Notice of the public hearing shall be prominently posted on the home page of the department's website at least thirty (30) days prior to the meeting of the commission at which the textbook or instructional materials are to be considered.
(8) The commission is authorized to promulgate rules and regulations for the recruitment and appointment of members to the advisory panels and the process by which the members review their assigned texts.
(m) (1) Notwithstanding any law to the contrary, the commission shall: (A) Issue guidance for LEAs and public charter schools to use when reviewing materials in a library collection to ensure that the materials are appropriate for the age and maturity levels of the students who may access the materials, and that the materials are suitable for, and consistent with, the educational mission of the school. The guidance must be issued to LEAs and public charter schools no later than December 1, 2022, and annually reviewed and updated by the commission by each December 1 thereafter; (B) Assist LEAs and public charter schools in: (i) Evaluating the appropriateness of materials in a library collection for which the LEA or public charter school has received feedback from a student, a student's parent or guardian, or a school employee challenging or questioning the appropriateness of materials under review by the LEA or public charter school; and (ii) Responding to feedback, complaints, or appeals challenging the appropriateness of materials contained in the library collection of one (1) or more of the LEA's schools, or of the public charter school, filed with the LEA or public charter school as part of a review or appeals process established by the policies of the respective LEA or public charter school, if applicable; (C) Establish a timeline and process for a student, a student's parent or guardian, or a school employee to appeal a determination made by the student's or employee's local board of education or public charter school governing body that materials in the student's or employee's school's library collection are inappropriate for the age or maturity levels of the students who may access the materials, or that the materials are not suitable for, or are otherwise inconsistent with, the educational mission of the school, resulting in the materials' removal from the school's library collection. The commission: (i) May limit the number of times the removal of a particular material may be appealed to the commission; the number of appeals that may be filed with the commission by an individual within a certain period of time; and the number of materials removed by a local board of education or public charter school governing body that an individual may appeal to the commission at one (1) time; and (ii) Shall issue the commission's findings on appeal in writing to each LEA and public charter school. Each LEA and public charter school shall include, or remove, the challenged material in, or from, the library collection for each of the LEA's schools, or for the public charter school, as applicable, for the grade levels for which the commission has found the challenged material to be appropriate or inappropriate for students; and (D) Evaluate and determine whether a material in a school's library collection is appropriate for the age and maturity level of the students who may access the materials, and whether the material is suitable for, and consistent with, the educational mission of the school if the local board of education or public charter school governing body does not make a determination on a material for which it received feedback within sixty (60) days from the date on which the feedback was received, pursuant to § 49-6-3803(e) , and the student, student's parent or guardian, or school employee who submitted the feedback requests the commission to evaluate the material. The commission shall issue the commission's determination in writing to each LEA and public charter school. Each LEA and public charter school shall include, or remove, the challenged material in, or from, the library collection for each of the LEA's schools, or for the public charter school, as applicable, for the grade levels for which the commission has found the challenged material to be appropriate or inappropriate for students. (2) As used in this subsection (m), "materials" and "library collection" have the same meaning as defined in § 49-6-3802 .
(1) Notwithstanding any law to the contrary, the commission shall: (A) Issue guidance for LEAs and public charter schools to use when reviewing materials in a library collection to ensure that the materials are appropriate for the age and maturity levels of the students who may access the materials, and that the materials are suitable for, and consistent with, the educational mission of the school. The guidance must be issued to LEAs and public charter schools no later than December 1, 2022, and annually reviewed and updated by the commission by each December 1 thereafter; (B) Assist LEAs and public charter schools in: (i) Evaluating the appropriateness of materials in a library collection for which the LEA or public charter school has received feedback from a student, a student's parent or guardian, or a school employee challenging or questioning the appropriateness of materials under review by the LEA or public charter school; and (ii) Responding to feedback, complaints, or appeals challenging the appropriateness of materials contained in the library collection of one (1) or more of the LEA's schools, or of the public charter school, filed with the LEA or public charter school as part of a review or appeals process established by the policies of the respective LEA or public charter school, if applicable; (C) Establish a timeline and process for a student, a student's parent or guardian, or a school employee to appeal a determination made by the student's or employee's local board of education or public charter school governing body that materials in the student's or employee's school's library collection are inappropriate for the age or maturity levels of the students who may access the materials, or that the materials are not suitable for, or are otherwise inconsistent with, the educational mission of the school, resulting in the materials' removal from the school's library collection. The commission: (i) May limit the number of times the removal of a particular material may be appealed to the commission; the number of appeals that may be filed with the commission by an individual within a certain period of time; and the number of materials removed by a local board of education or public charter school governing body that an individual may appeal to the commission at one (1) time; and (ii) Shall issue the commission's findings on appeal in writing to each LEA and public charter school. Each LEA and public charter school shall include, or remove, the challenged material in, or from, the library collection for each of the LEA's schools, or for the public charter school, as applicable, for the grade levels for which the commission has found the challenged material to be appropriate or inappropriate for students; and (D) Evaluate and determine whether a material in a school's library collection is appropriate for the age and maturity level of the students who may access the materials, and whether the material is suitable for, and consistent with, the educational mission of the school if the local board of education or public charter school governing body does not make a determination on a material for which it received feedback within sixty (60) days from the date on which the feedback was received, pursuant to § 49-6-3803(e) , and the student, student's parent or guardian, or school employee who submitted the feedback requests the commission to evaluate the material. The commission shall issue the commission's determination in writing to each LEA and public charter school. Each LEA and public charter school shall include, or remove, the challenged material in, or from, the library collection for each of the LEA's schools, or for the public charter school, as applicable, for the grade levels for which the commission has found the challenged material to be appropriate or inappropriate for students.
(A) Issue guidance for LEAs and public charter schools to use when reviewing materials in a library collection to ensure that the materials are appropriate for the age and maturity levels of the students who may access the materials, and that the materials are suitable for, and consistent with, the educational mission of the school. The guidance must be issued to LEAs and public charter schools no later than December 1, 2022, and annually reviewed and updated by the commission by each December 1 thereafter;
(B) Assist LEAs and public charter schools in: (i) Evaluating the appropriateness of materials in a library collection for which the LEA or public charter school has received feedback from a student, a student's parent or guardian, or a school employee challenging or questioning the appropriateness of materials under review by the LEA or public charter school; and (ii) Responding to feedback, complaints, or appeals challenging the appropriateness of materials contained in the library collection of one (1) or more of the LEA's schools, or of the public charter school, filed with the LEA or public charter school as part of a review or appeals process established by the policies of the respective LEA or public charter school, if applicable;
(i) Evaluating the appropriateness of materials in a library collection for which the LEA or public charter school has received feedback from a student, a student's parent or guardian, or a school employee challenging or questioning the appropriateness of materials under review by the LEA or public charter school; and
(ii) Responding to feedback, complaints, or appeals challenging the appropriateness of materials contained in the library collection of one (1) or more of the LEA's schools, or of the public charter school, filed with the LEA or public charter school as part of a review or appeals process established by the policies of the respective LEA or public charter school, if applicable;
(C) Establish a timeline and process for a student, a student's parent or guardian, or a school employee to appeal a determination made by the student's or employee's local board of education or public charter school governing body that materials in the student's or employee's school's library collection are inappropriate for the age or maturity levels of the students who may access the materials, or that the materials are not suitable for, or are otherwise inconsistent with, the educational mission of the school, resulting in the materials' removal from the school's library collection. The commission: (i) May limit the number of times the removal of a particular material may be appealed to the commission; the number of appeals that may be filed with the commission by an individual within a certain period of time; and the number of materials removed by a local board of education or public charter school governing body that an individual may appeal to the commission at one (1) time; and (ii) Shall issue the commission's findings on appeal in writing to each LEA and public charter school. Each LEA and public charter school shall include, or remove, the challenged material in, or from, the library collection for each of the LEA's schools, or for the public charter school, as applicable, for the grade levels for which the commission has found the challenged material to be appropriate or inappropriate for students; and
(i) May limit the number of times the removal of a particular material may be appealed to the commission; the number of appeals that may be filed with the commission by an individual within a certain period of time; and the number of materials removed by a local board of education or public charter school governing body that an individual may appeal to the commission at one (1) time; and
(ii) Shall issue the commission's findings on appeal in writing to each LEA and public charter school. Each LEA and public charter school shall include, or remove, the challenged material in, or from, the library collection for each of the LEA's schools, or for the public charter school, as applicable, for the grade levels for which the commission has found the challenged material to be appropriate or inappropriate for students; and
(D) Evaluate and determine whether a material in a school's library collection is appropriate for the age and maturity level of the students who may access the materials, and whether the material is suitable for, and consistent with, the educational mission of the school if the local board of education or public charter school governing body does not make a determination on a material for which it received feedback within sixty (60) days from the date on which the feedback was received, pursuant to § 49-6-3803(e) , and the student, student's parent or guardian, or school employee who submitted the feedback requests the commission to evaluate the material. The commission shall issue the commission's determination in writing to each LEA and public charter school. Each LEA and public charter school shall include, or remove, the challenged material in, or from, the library collection for each of the LEA's schools, or for the public charter school, as applicable, for the grade levels for which the commission has found the challenged material to be appropriate or inappropriate for students.
(2) As used in this subsection (m), "materials" and "library collection" have the same meaning as defined in § 49-6-3802 .
Amended by 2024 Tenn. Acts, ch. 782,s 2, eff. 7/1/2024.
Amended by 2022 Tenn. Acts, ch. 1137, Secs.s 1, s 2, s 3, s 4, s 5, s 6, s 7, s 8, s 9 eff. 6/3/2022.
Amended by 2021 Tenn. Acts, ch. 64, s 87, eff. 3/29/2021.
Amended by 2020 Tenn. Acts, ch. 770, s 5, eff. 8/1/2020.
Amended by 2020 Tenn. Acts, ch. 770, s 3, eff. 8/1/2020.
Amended by 2019 Tenn. Acts, ch. 345, s 101, eff. 5/10/2019.
Amended by 2018 Tenn. Acts, ch. 711, s 3, eff. 4/12/2018.
Amended by 2016 Tenn. Acts, ch. 999, s 10, eff. 4/27/2016.
Amended by 2015 Tenn. Acts, ch. 182, s 45, eff. 4/17/2015.
Amended by 2014 Tenn. Acts, ch. 981,s 3, eff. 1/1/2015.
Acts 1951, ch. 180, §§ 2-5 (Williams, §§ 2453.28-2453.31); modified; Acts 1971, ch. 338; 1976, ch. 806, § 1(68); 1980, ch. 493, § 1; T.C.A. (orig. ed.), §§ 49-2001 -- 49-2007; Acts 1984, ch. 595, §§ 1-3, 8; 1988, ch. 590, § 1; 1997 , ch. 25, § 1; 2006, ch. 760, § 1.
Tenn. Code Ann. § 49-1-223 — TN Code / Title 49 / Chapter 1 / Section 49-1-223
Asthma - Development of comprehensive state plan - Report
Status: in_force

The department of health, in consultation with the department of education and the bureau of TennCare, shall develop a comprehensive state plan to reduce the burden of asthma on school children in this state. The comprehensive plan shall, at a minimum: (1) Promote the development of school asthma action plans between LEAs and local health agencies. School asthma action plans shall include emergency protocols for medical emergencies due to asthma complications; (2) Encourage schools to have individual asthma action plans for students with asthma; (3) Encourage in-service training for teachers, and encourage athletic coaches and athletes to participate in the American Lung Association's asthma treatment training; (4) Encourage the development of education for local boards of education and the public concerning self-administration of asthma medications; and (5) Promote procedures to reduce exposure to smoke, allergens and other irritants in school buildings, on school grounds and at school events. Acts 2008, ch. 1154, § 1.
The department of health, in consultation with the department of education and the bureau of TennCare, shall develop a comprehensive state plan to reduce the burden of asthma on school children in this state. The comprehensive plan shall, at a minimum:
(1) Promote the development of school asthma action plans between LEAs and local health agencies. School asthma action plans shall include emergency protocols for medical emergencies due to asthma complications;
(2) Encourage schools to have individual asthma action plans for students with asthma;
(3) Encourage in-service training for teachers, and encourage athletic coaches and athletes to participate in the American Lung Association's asthma treatment training;
(4) Encourage the development of education for local boards of education and the public concerning self-administration of asthma medications; and
(5) Promote procedures to reduce exposure to smoke, allergens and other irritants in school buildings, on school grounds and at school events.
Acts 2008, ch. 1154, § 1.
Tenn. Code Ann. § 49-4-919 — TN Code / Title 49 / Chapter 4 / Section 49-4-919
Medical or personal leave of absence
Status: in_force

(a) A Tennessee HOPE scholarship student who has an approved medical or personal leave of absence from an eligible postsecondary institution may continue to receive the scholarship upon resuming the student's education at an eligible postsecondary institution so long as the student continues to meet all applicable eligibility requirements. The student shall be eligible for the scholarship until the first of the following events: (1) The student has earned an advanced degree; or (2) The sum of the number of years the student attended a postsecondary institution prior to the leave of absence and the number of years of attendance after the leave of absence equals five (5) years. (b) Except for approved medical or personal leaves of absence, a Tennessee HOPE scholarship student, including a part-time student, shall be enrolled continuously as a student at an eligible postsecondary institution. (c) (1) TSAC shall promulgate rules and regulations for approval of medical or personal leave and the grounds for which the leave may be granted. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (2) TSAC shall promulgate rules designating pregnancy as an approved medical or personal leave of absence for purposes of the Tennessee HOPE scholarship. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act. Amended by 2023 Tenn. Acts, ch. 368, s 8, eff. 7/1/2023. Amended by 2020 Tenn. Acts, ch. 794, s 38, eff. 7/1/2021. Amended by 2020 Tenn. Acts, ch. 533, s 1, eff. 3/19/2020. Amended by 2014 Tenn. Acts, ch. 900, s 7, eff. 7/1/2015. Acts 2003 , ch. 298, § 1; 2008 , ch. 1142, § 8.
(a) A Tennessee HOPE scholarship student who has an approved medical or personal leave of absence from an eligible postsecondary institution may continue to receive the scholarship upon resuming the student's education at an eligible postsecondary institution so long as the student continues to meet all applicable eligibility requirements. The student shall be eligible for the scholarship until the first of the following events: (1) The student has earned an advanced degree; or (2) The sum of the number of years the student attended a postsecondary institution prior to the leave of absence and the number of years of attendance after the leave of absence equals five (5) years.
(1) The student has earned an advanced degree; or
(2) The sum of the number of years the student attended a postsecondary institution prior to the leave of absence and the number of years of attendance after the leave of absence equals five (5) years.
(b) Except for approved medical or personal leaves of absence, a Tennessee HOPE scholarship student, including a part-time student, shall be enrolled continuously as a student at an eligible postsecondary institution.
(c) (1) TSAC shall promulgate rules and regulations for approval of medical or personal leave and the grounds for which the leave may be granted. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (2) TSAC shall promulgate rules designating pregnancy as an approved medical or personal leave of absence for purposes of the Tennessee HOPE scholarship. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act.
(1) TSAC shall promulgate rules and regulations for approval of medical or personal leave and the grounds for which the leave may be granted. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(2) TSAC shall promulgate rules designating pregnancy as an approved medical or personal leave of absence for purposes of the Tennessee HOPE scholarship. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act.
Amended by 2023 Tenn. Acts, ch. 368, s 8, eff. 7/1/2023.
Amended by 2020 Tenn. Acts, ch. 794, s 38, eff. 7/1/2021.
Amended by 2020 Tenn. Acts, ch. 533, s 1, eff. 3/19/2020.
Amended by 2014 Tenn. Acts, ch. 900, s 7, eff. 7/1/2015.
Acts 2003 , ch. 298, § 1; 2008 , ch. 1142, § 8.
Tenn. Code Ann. § 49-6-3005 — TN Code / Title 49 / Chapter 6 / Section 49-6-3005
Children excused from compulsory attendance
Status: in_force

(a) The following classes of children between six (6) and seventeen (17) years of age, both inclusive, shall be temporarily excused from complying with this part, the local board of education to be sole judge in all such cases involving children who are enrolled in a public school and, as to children enrolled in a nonpublic school, as defined by § 49-6-3001(c)(3) , the director of schools of the school to be the sole judge in all such cases: (1) Children mentally or physically incapacitated to perform school duties, such disability to be attested by a duly licensed physician in all cases; (2) Children who have completed high school and hold a high school diploma; (3) Children temporarily excused from attendance in school under rules and regulations promulgated by the state board of education, which rules and regulations shall not be in conflict with § 50-5-103 or any other law governing child labor in this state; (4) Children six (6) years of age or under whose parent or guardian have filed a notice of intent to conduct a home school as provided by § 49-6-3001 or who are conducting a home school as provided by § 49-6-3050 ; and (5) Children who have attained their seventeenth birthday and whose continued compulsory attendance, in the opinion of the board of education in charge of the school to which the children belong and are enrolled, results in detriment to good order and discipline and to the instruction of other students and is not of substantial benefit to the children. (b) In all cases described in subsection (a), the board shall first obtain the recommendation in writing from the director of schools of the system and the principal of the school to which the child or children belong. (c) No child who is refused attendance in a school nearer to the child's residence having equivalent grade levels and curriculum shall be required to attend public or nonpublic school as provided in § 49-6-3001 . (d) In addition to the categories of children specified in subsection (a), the local board of education may excuse children from attendance in accordance with guidelines developed by the state board of education for this purpose. Amended by 2019 Tenn. Acts, ch. 345, s 102, eff. 5/10/2019. Amended by 2019 Tenn. Acts, ch. 248, s 64, eff. 5/2/2019. Amended by 2015 Tenn. Acts, ch. 182, s 48, eff. 4/17/2015. Acts 1947, ch. 87, § 3; C. Supp. 1950, § 2442.3; Acts 1955, ch. 97, § 1; 1959, ch. 105, § 1; 1971, ch. 207, § 1; 1972, ch. 842, § 1; 1974, ch. 654, §§ 89, 90; T.C.A. (orig. ed.), §§ 49-1710, 49-1772; Acts 1985, ch. 398, § 2; 1990, ch. 948, § 24; 1992, ch. 535, §§ 79, 80; 1996, ch. 863, § 1; 1997 , ch. 392, §§ 3, 6, 7; 2012 , ch. 925, § 12.
(a) The following classes of children between six (6) and seventeen (17) years of age, both inclusive, shall be temporarily excused from complying with this part, the local board of education to be sole judge in all such cases involving children who are enrolled in a public school and, as to children enrolled in a nonpublic school, as defined by § 49-6-3001(c)(3) , the director of schools of the school to be the sole judge in all such cases: (1) Children mentally or physically incapacitated to perform school duties, such disability to be attested by a duly licensed physician in all cases; (2) Children who have completed high school and hold a high school diploma; (3) Children temporarily excused from attendance in school under rules and regulations promulgated by the state board of education, which rules and regulations shall not be in conflict with § 50-5-103 or any other law governing child labor in this state; (4) Children six (6) years of age or under whose parent or guardian have filed a notice of intent to conduct a home school as provided by § 49-6-3001 or who are conducting a home school as provided by § 49-6-3050 ; and (5) Children who have attained their seventeenth birthday and whose continued compulsory attendance, in the opinion of the board of education in charge of the school to which the children belong and are enrolled, results in detriment to good order and discipline and to the instruction of other students and is not of substantial benefit to the children.
(1) Children mentally or physically incapacitated to perform school duties, such disability to be attested by a duly licensed physician in all cases;
(2) Children who have completed high school and hold a high school diploma;
(3) Children temporarily excused from attendance in school under rules and regulations promulgated by the state board of education, which rules and regulations shall not be in conflict with § 50-5-103 or any other law governing child labor in this state;
(4) Children six (6) years of age or under whose parent or guardian have filed a notice of intent to conduct a home school as provided by § 49-6-3001 or who are conducting a home school as provided by § 49-6-3050 ; and
(5) Children who have attained their seventeenth birthday and whose continued compulsory attendance, in the opinion of the board of education in charge of the school to which the children belong and are enrolled, results in detriment to good order and discipline and to the instruction of other students and is not of substantial benefit to the children.
(b) In all cases described in subsection (a), the board shall first obtain the recommendation in writing from the director of schools of the system and the principal of the school to which the child or children belong.
(c) No child who is refused attendance in a school nearer to the child's residence having equivalent grade levels and curriculum shall be required to attend public or nonpublic school as provided in § 49-6-3001 .
(d) In addition to the categories of children specified in subsection (a), the local board of education may excuse children from attendance in accordance with guidelines developed by the state board of education for this purpose.
Amended by 2019 Tenn. Acts, ch. 345, s 102, eff. 5/10/2019.
Amended by 2019 Tenn. Acts, ch. 248, s 64, eff. 5/2/2019.
Amended by 2015 Tenn. Acts, ch. 182, s 48, eff. 4/17/2015.
Acts 1947, ch. 87, § 3; C. Supp. 1950, § 2442.3; Acts 1955, ch. 97, § 1; 1959, ch. 105, § 1; 1971, ch. 207, § 1; 1972, ch. 842, § 1; 1974, ch. 654, §§ 89, 90; T.C.A. (orig. ed.), §§ 49-1710, 49-1772; Acts 1985, ch. 398, § 2; 1990, ch. 948, § 24; 1992, ch. 535, §§ 79, 80; 1996, ch. 863, § 1; 1997 , ch. 392, §§ 3, 6, 7; 2012 , ch. 925, § 12.
Tenn. Code Ann. § 49-2-106 — TN Code / Title 49 / Chapter 2 / Section 49-2-106
Creation or expansion of city or special school districts
Status: in_force

(a) No city school system or special district school system shall be created or reactivated for the purpose of operating a system of schools, unless the school system is large enough to offer adequate educational opportunities for the pupils of grades one through twelve (1-12) in keeping with standards established by the state board of education. (b) In establishing the standards, the state board is authorized and directed to take into consideration such factors as: (1) The scholastic population of the city or special school district according to the most recent census; (2) The financial ability per pupil of scholastic population; and (3) The expressed willingness of the people of the city or special school district, as indicated by a majority of its legal voters in a referendum, to raise local funds, which, together with school funds received from the state and other sources, shall be sufficient to provide adequate educational opportunities for their children. Acts 1961, ch. 113, § 1; 1981, ch. 510, §§ 1, 2; 1981, ch. 540, §§ 1-3; T.C.A., § 49-233.
(a) No city school system or special district school system shall be created or reactivated for the purpose of operating a system of schools, unless the school system is large enough to offer adequate educational opportunities for the pupils of grades one through twelve (1-12) in keeping with standards established by the state board of education.
(b) In establishing the standards, the state board is authorized and directed to take into consideration such factors as: (1) The scholastic population of the city or special school district according to the most recent census; (2) The financial ability per pupil of scholastic population; and (3) The expressed willingness of the people of the city or special school district, as indicated by a majority of its legal voters in a referendum, to raise local funds, which, together with school funds received from the state and other sources, shall be sufficient to provide adequate educational opportunities for their children.
(1) The scholastic population of the city or special school district according to the most recent census;
(2) The financial ability per pupil of scholastic population; and
(3) The expressed willingness of the people of the city or special school district, as indicated by a majority of its legal voters in a referendum, to raise local funds, which, together with school funds received from the state and other sources, shall be sufficient to provide adequate educational opportunities for their children.
Acts 1961, ch. 113, § 1; 1981, ch. 510, §§ 1, 2; 1981, ch. 540, §§ 1-3; T.C.A., § 49-233.
Tenn. Code Ann. § 49-7-2105 — TN Code / Title 49 / Chapter 7 / Section 49-7-2105
Registration as athlete agent - Application - Requirements - Reciprocal registration
Status: in_force

(a) An applicant for registration as an athlete agent shall submit an application for registration to the secretary of state on a form prescribed by the secretary of state. An application filed under this section is a public record for purposes of title 10, chapter 7. The applicant must be an individual, and the applicant shall sign the application. The application must contain at least the following: (1) The name, date, and place of birth of the applicant and the following contact information for the applicant: (A) The address of the applicant's principal place of business; (B) Work and mobile telephone numbers; and (C) Any means of communicating electronically, including a facsimile number, electronic mail address, and personal and business or employer websites; (2) The name of the applicant's business or employer, if applicable, including for each business or employer, its mailing address, telephone number, organization form, and the nature of the business; (3) Each social media account with which the applicant or the applicant's business or employer is affiliated; (4) Each business or occupation in which the applicant engaged within five (5) years before the date of the application, including self-employment and employment by others, and any professional or occupational license, registration, or certification held by the applicant during that time; (5) A description of the applicant's: (A) Formal training as an athlete agent; (B) Practical experience as an athlete agent; and (C) Educational background relating to the applicant's activities as an athlete agent; (6) The name of each student athlete for whom the applicant acted as an athlete agent within five (5) years before the date of the application or, if the individual is a minor, the name of the parent or guardian of the minor, together with the athlete's sport and last known team; (7) The name and address of each person that: (A) Is a partner, member, officer, manager, associate, or profit sharer or directly or indirectly holds an equity interest of five percent (5%) or greater of the athlete agent's business if it is not a corporation; and (B) Is an officer or director of a corporation employing the athlete agent or a shareholder having an interest of five percent (5%) or greater in the corporation; (8) A description of the status of any application by the applicant, or any person named under subdivision (a)(7), for a state or federal business, professional, or occupational license, other than as an athlete agent, from a state or federal agency, including any denial, refusal to renew, suspension, withdrawal, or termination of the license and any reprimand or censure related to the license; (9) Whether the applicant, or any person named under subdivision (a)(7), has pleaded guilty or no contest to, has been convicted of, or has charges pending for, a crime that would involve moral turpitude or be a felony if committed in this state and, if so, identification of: (A) The crime; (B) The law enforcement agency involved; and (C) If applicable, the date of the conviction and the fine or penalty imposed; (10) Whether, within fifteen (15) years before the date of application, the applicant, or any person named under subdivision (a)(7), has been a defendant or respondent in a civil proceeding, including a proceeding seeking an adjudication of legal incompetence and, if so, the date and a full explanation of each proceeding; (11) Whether the applicant, or any person named under subdivision (a)(7), has an unsatisfied judgment or a judgment of continuing effect, including alimony or a domestic order in the nature of child support, which is not current at the date of the application; (12) Whether, within ten (10) years before the date of application, the applicant, or any person named under subdivision (a)(7), was adjudicated bankrupt or was an owner of a business that was adjudicated bankrupt; (13) Whether there has been any administrative or judicial determination that the applicant, or any person named under subdivision (a)(7), made a false, misleading, deceptive, or fraudulent representation; (14) Each instance in which conduct of the applicant, or any person named under subdivision (a)(7), resulted in the imposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic sport, intercollegiate sport, or professional athletic event on a student athlete or a sanction on an educational institution; (15) Each sanction, suspension, or disciplinary action taken against the applicant, or any person named under subdivision (a)(7), arising out of occupational or professional conduct; (16) Whether there has been a denial of an application for, suspension or revocation of, refusal to renew, or abandonment of, the registration of the applicant, or any person named under subdivision (a)(7), as an athlete agent in any state; (17) Each state in which the applicant currently is registered as an athlete agent or has applied to be registered as an athlete agent; (18) If the applicant is certified or registered by a professional league or players association: (A) The name of the league or association; (B) The date of certification or registration, and the date of expiration of the certification or registration, if any; and (C) If applicable, the date of any denial of an application for, suspension or revocation of, refusal to renew, withdrawal of, or termination of, the certification or registration or any reprimand or censure related to the certification or registration; and (19) Any additional information required by the secretary of state. (b) Instead of proceeding under subsection (a), an individual registered as an athlete agent in another state may apply for registration as an athlete agent in this state by submitting to the secretary of state: (1) A copy of the application for registration in the other state; (2) A signed statement that identifies any material change in the information on the application or verifies there is no material change in the information; and (3) A copy of the certificate of registration from the other state. (c) The secretary of state shall issue a certificate of registration to an individual who applies for registration under subsection (b) if the secretary of state determines: (1) The application and registration requirements of the other state are substantially similar to or more restrictive than this part; and (2) The registration has not been revoked or suspended and no action involving the individual's conduct as an athlete agent is pending against the individual or the individual's registration in any state. (d) For purposes of implementing subsection (c), the secretary of state shall: (1) Cooperate with national organizations concerned with athlete agent issues and agencies in other states which register athlete agents to develop a common registration form and determine which states have laws that are substantially similar to or more restrictive than this part; and (2) Exchange information, including information related to actions taken against registered athlete agents or their registrations, with those organizations and agencies. Amended by 2022 Tenn. Acts, ch. 773, Secs.s10, s11 eff. 4/8/2022. Added by 2017 Tenn. Acts, ch. 216, s 1, eff. 9/1/2017.
(a) An applicant for registration as an athlete agent shall submit an application for registration to the secretary of state on a form prescribed by the secretary of state. An application filed under this section is a public record for purposes of title 10, chapter 7. The applicant must be an individual, and the applicant shall sign the application. The application must contain at least the following: (1) The name, date, and place of birth of the applicant and the following contact information for the applicant: (A) The address of the applicant's principal place of business; (B) Work and mobile telephone numbers; and (C) Any means of communicating electronically, including a facsimile number, electronic mail address, and personal and business or employer websites; (2) The name of the applicant's business or employer, if applicable, including for each business or employer, its mailing address, telephone number, organization form, and the nature of the business; (3) Each social media account with which the applicant or the applicant's business or employer is affiliated; (4) Each business or occupation in which the applicant engaged within five (5) years before the date of the application, including self-employment and employment by others, and any professional or occupational license, registration, or certification held by the applicant during that time; (5) A description of the applicant's: (A) Formal training as an athlete agent; (B) Practical experience as an athlete agent; and (C) Educational background relating to the applicant's activities as an athlete agent; (6) The name of each student athlete for whom the applicant acted as an athlete agent within five (5) years before the date of the application or, if the individual is a minor, the name of the parent or guardian of the minor, together with the athlete's sport and last known team; (7) The name and address of each person that: (A) Is a partner, member, officer, manager, associate, or profit sharer or directly or indirectly holds an equity interest of five percent (5%) or greater of the athlete agent's business if it is not a corporation; and (B) Is an officer or director of a corporation employing the athlete agent or a shareholder having an interest of five percent (5%) or greater in the corporation; (8) A description of the status of any application by the applicant, or any person named under subdivision (a)(7), for a state or federal business, professional, or occupational license, other than as an athlete agent, from a state or federal agency, including any denial, refusal to renew, suspension, withdrawal, or termination of the license and any reprimand or censure related to the license; (9) Whether the applicant, or any person named under subdivision (a)(7), has pleaded guilty or no contest to, has been convicted of, or has charges pending for, a crime that would involve moral turpitude or be a felony if committed in this state and, if so, identification of: (A) The crime; (B) The law enforcement agency involved; and (C) If applicable, the date of the conviction and the fine or penalty imposed; (10) Whether, within fifteen (15) years before the date of application, the applicant, or any person named under subdivision (a)(7), has been a defendant or respondent in a civil proceeding, including a proceeding seeking an adjudication of legal incompetence and, if so, the date and a full explanation of each proceeding; (11) Whether the applicant, or any person named under subdivision (a)(7), has an unsatisfied judgment or a judgment of continuing effect, including alimony or a domestic order in the nature of child support, which is not current at the date of the application; (12) Whether, within ten (10) years before the date of application, the applicant, or any person named under subdivision (a)(7), was adjudicated bankrupt or was an owner of a business that was adjudicated bankrupt; (13) Whether there has been any administrative or judicial determination that the applicant, or any person named under subdivision (a)(7), made a false, misleading, deceptive, or fraudulent representation; (14) Each instance in which conduct of the applicant, or any person named under subdivision (a)(7), resulted in the imposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic sport, intercollegiate sport, or professional athletic event on a student athlete or a sanction on an educational institution; (15) Each sanction, suspension, or disciplinary action taken against the applicant, or any person named under subdivision (a)(7), arising out of occupational or professional conduct; (16) Whether there has been a denial of an application for, suspension or revocation of, refusal to renew, or abandonment of, the registration of the applicant, or any person named under subdivision (a)(7), as an athlete agent in any state; (17) Each state in which the applicant currently is registered as an athlete agent or has applied to be registered as an athlete agent; (18) If the applicant is certified or registered by a professional league or players association: (A) The name of the league or association; (B) The date of certification or registration, and the date of expiration of the certification or registration, if any; and (C) If applicable, the date of any denial of an application for, suspension or revocation of, refusal to renew, withdrawal of, or termination of, the certification or registration or any reprimand or censure related to the certification or registration; and (19) Any additional information required by the secretary of state.
(1) The name, date, and place of birth of the applicant and the following contact information for the applicant: (A) The address of the applicant's principal place of business; (B) Work and mobile telephone numbers; and (C) Any means of communicating electronically, including a facsimile number, electronic mail address, and personal and business or employer websites;
(A) The address of the applicant's principal place of business;
(B) Work and mobile telephone numbers; and
(C) Any means of communicating electronically, including a facsimile number, electronic mail address, and personal and business or employer websites;
(2) The name of the applicant's business or employer, if applicable, including for each business or employer, its mailing address, telephone number, organization form, and the nature of the business;
(3) Each social media account with which the applicant or the applicant's business or employer is affiliated;
(4) Each business or occupation in which the applicant engaged within five (5) years before the date of the application, including self-employment and employment by others, and any professional or occupational license, registration, or certification held by the applicant during that time;
(5) A description of the applicant's: (A) Formal training as an athlete agent; (B) Practical experience as an athlete agent; and (C) Educational background relating to the applicant's activities as an athlete agent;
(A) Formal training as an athlete agent;
(B) Practical experience as an athlete agent; and
(C) Educational background relating to the applicant's activities as an athlete agent;
(6) The name of each student athlete for whom the applicant acted as an athlete agent within five (5) years before the date of the application or, if the individual is a minor, the name of the parent or guardian of the minor, together with the athlete's sport and last known team;
(7) The name and address of each person that: (A) Is a partner, member, officer, manager, associate, or profit sharer or directly or indirectly holds an equity interest of five percent (5%) or greater of the athlete agent's business if it is not a corporation; and (B) Is an officer or director of a corporation employing the athlete agent or a shareholder having an interest of five percent (5%) or greater in the corporation;
(A) Is a partner, member, officer, manager, associate, or profit sharer or directly or indirectly holds an equity interest of five percent (5%) or greater of the athlete agent's business if it is not a corporation; and
(B) Is an officer or director of a corporation employing the athlete agent or a shareholder having an interest of five percent (5%) or greater in the corporation;
(8) A description of the status of any application by the applicant, or any person named under subdivision (a)(7), for a state or federal business, professional, or occupational license, other than as an athlete agent, from a state or federal agency, including any denial, refusal to renew, suspension, withdrawal, or termination of the license and any reprimand or censure related to the license;
(9) Whether the applicant, or any person named under subdivision (a)(7), has pleaded guilty or no contest to, has been convicted of, or has charges pending for, a crime that would involve moral turpitude or be a felony if committed in this state and, if so, identification of: (A) The crime; (B) The law enforcement agency involved; and (C) If applicable, the date of the conviction and the fine or penalty imposed;
(A) The crime;
(B) The law enforcement agency involved; and
(C) If applicable, the date of the conviction and the fine or penalty imposed;
(10) Whether, within fifteen (15) years before the date of application, the applicant, or any person named under subdivision (a)(7), has been a defendant or respondent in a civil proceeding, including a proceeding seeking an adjudication of legal incompetence and, if so, the date and a full explanation of each proceeding;
(11) Whether the applicant, or any person named under subdivision (a)(7), has an unsatisfied judgment or a judgment of continuing effect, including alimony or a domestic order in the nature of child support, which is not current at the date of the application;
(12) Whether, within ten (10) years before the date of application, the applicant, or any person named under subdivision (a)(7), was adjudicated bankrupt or was an owner of a business that was adjudicated bankrupt;
(13) Whether there has been any administrative or judicial determination that the applicant, or any person named under subdivision (a)(7), made a false, misleading, deceptive, or fraudulent representation;
(14) Each instance in which conduct of the applicant, or any person named under subdivision (a)(7), resulted in the imposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic sport, intercollegiate sport, or professional athletic event on a student athlete or a sanction on an educational institution;
(15) Each sanction, suspension, or disciplinary action taken against the applicant, or any person named under subdivision (a)(7), arising out of occupational or professional conduct;
(16) Whether there has been a denial of an application for, suspension or revocation of, refusal to renew, or abandonment of, the registration of the applicant, or any person named under subdivision (a)(7), as an athlete agent in any state;
(17) Each state in which the applicant currently is registered as an athlete agent or has applied to be registered as an athlete agent;
(18) If the applicant is certified or registered by a professional league or players association: (A) The name of the league or association; (B) The date of certification or registration, and the date of expiration of the certification or registration, if any; and (C) If applicable, the date of any denial of an application for, suspension or revocation of, refusal to renew, withdrawal of, or termination of, the certification or registration or any reprimand or censure related to the certification or registration; and
(A) The name of the league or association;
(B) The date of certification or registration, and the date of expiration of the certification or registration, if any; and
(C) If applicable, the date of any denial of an application for, suspension or revocation of, refusal to renew, withdrawal of, or termination of, the certification or registration or any reprimand or censure related to the certification or registration; and
(19) Any additional information required by the secretary of state.
(b) Instead of proceeding under subsection (a), an individual registered as an athlete agent in another state may apply for registration as an athlete agent in this state by submitting to the secretary of state: (1) A copy of the application for registration in the other state; (2) A signed statement that identifies any material change in the information on the application or verifies there is no material change in the information; and (3) A copy of the certificate of registration from the other state.
(1) A copy of the application for registration in the other state;
(2) A signed statement that identifies any material change in the information on the application or verifies there is no material change in the information; and
(3) A copy of the certificate of registration from the other state.
(c) The secretary of state shall issue a certificate of registration to an individual who applies for registration under subsection (b) if the secretary of state determines: (1) The application and registration requirements of the other state are substantially similar to or more restrictive than this part; and (2) The registration has not been revoked or suspended and no action involving the individual's conduct as an athlete agent is pending against the individual or the individual's registration in any state.
(1) The application and registration requirements of the other state are substantially similar to or more restrictive than this part; and
(2) The registration has not been revoked or suspended and no action involving the individual's conduct as an athlete agent is pending against the individual or the individual's registration in any state.
(d) For purposes of implementing subsection (c), the secretary of state shall: (1) Cooperate with national organizations concerned with athlete agent issues and agencies in other states which register athlete agents to develop a common registration form and determine which states have laws that are substantially similar to or more restrictive than this part; and (2) Exchange information, including information related to actions taken against registered athlete agents or their registrations, with those organizations and agencies.
(1) Cooperate with national organizations concerned with athlete agent issues and agencies in other states which register athlete agents to develop a common registration form and determine which states have laws that are substantially similar to or more restrictive than this part; and
(2) Exchange information, including information related to actions taken against registered athlete agents or their registrations, with those organizations and agencies.
Amended by 2022 Tenn. Acts, ch. 773, Secs.s10, s11 eff. 4/8/2022.
Added by 2017 Tenn. Acts, ch. 216, s 1, eff. 9/1/2017.
Tenn. Code Ann. § 49-8-502 — TN Code / Title 49 / Chapter 8 / Section 49-8-502
[Repealed effective 7/1/2028] Tennessee Center for Nursing Advancement
Status: repealed

(a) The Tennessee Center for Nursing Advancement is established within East Tennessee State University to address issues of nursing workforce needs, including issues of recruitment, retention, and utilization of nursing workforce resources that are within the current scope of the practice of nurses. (b) The center shall: (1) Develop a strategic statewide plan for nursing manpower based on a detailed analysis of workforce needs; (2) Establish and maintain a database on nursing workforce needs, including current data and future projections; (3) Routinely convene representatives of nursing professionals, healthcare professional organizations, business and industry leaders, and other stakeholders to solicit: (A) Reviews and comments on data analysis provided by the center; and (B) Recommendations for systematic changes and strategies to implement the recommended changes; and (4) Enhance and promote activities for nurses in this state to be recognized, rewarded, and renewed. (c) (1) The center may utilize an annual survey to collect nursing workforce data from healthcare facilities licensed under title 68, facilities licensed under title 33, and the Tennessee higher education commission. (2) Data collection under this subsection (c) may include employment and turnover rates, successful recruitment and retention practices, and future projections. (3) The center may publish data collected under this subsection (c) in aggregate form, but must not publish or release data that is otherwise confidential under state or federal law. (d) The center may collect data from the board of nursing that informs the work of the center, including, but not limited to, the number of current licensees and future projections of licensees. (e) The center shall submit an annual report of the center's statewide plan to the governor, the speaker of the house of representatives, and the speaker of the senate by July 1 of each year, beginning July 1, 2023. (f) This section is repealed on July 1, 2028. Added by 2022 Tenn. Acts, ch. 885, s 1, eff. 7/1/2022.
(a) The Tennessee Center for Nursing Advancement is established within East Tennessee State University to address issues of nursing workforce needs, including issues of recruitment, retention, and utilization of nursing workforce resources that are within the current scope of the practice of nurses.
(b) The center shall: (1) Develop a strategic statewide plan for nursing manpower based on a detailed analysis of workforce needs; (2) Establish and maintain a database on nursing workforce needs, including current data and future projections; (3) Routinely convene representatives of nursing professionals, healthcare professional organizations, business and industry leaders, and other stakeholders to solicit: (A) Reviews and comments on data analysis provided by the center; and (B) Recommendations for systematic changes and strategies to implement the recommended changes; and (4) Enhance and promote activities for nurses in this state to be recognized, rewarded, and renewed.
(1) Develop a strategic statewide plan for nursing manpower based on a detailed analysis of workforce needs;
(2) Establish and maintain a database on nursing workforce needs, including current data and future projections;
(3) Routinely convene representatives of nursing professionals, healthcare professional organizations, business and industry leaders, and other stakeholders to solicit: (A) Reviews and comments on data analysis provided by the center; and (B) Recommendations for systematic changes and strategies to implement the recommended changes; and
(A) Reviews and comments on data analysis provided by the center; and
(B) Recommendations for systematic changes and strategies to implement the recommended changes; and
(4) Enhance and promote activities for nurses in this state to be recognized, rewarded, and renewed.
(c) (1) The center may utilize an annual survey to collect nursing workforce data from healthcare facilities licensed under title 68, facilities licensed under title 33, and the Tennessee higher education commission. (2) Data collection under this subsection (c) may include employment and turnover rates, successful recruitment and retention practices, and future projections. (3) The center may publish data collected under this subsection (c) in aggregate form, but must not publish or release data that is otherwise confidential under state or federal law.
(1) The center may utilize an annual survey to collect nursing workforce data from healthcare facilities licensed under title 68, facilities licensed under title 33, and the Tennessee higher education commission.
(2) Data collection under this subsection (c) may include employment and turnover rates, successful recruitment and retention practices, and future projections.
(3) The center may publish data collected under this subsection (c) in aggregate form, but must not publish or release data that is otherwise confidential under state or federal law.
(d) The center may collect data from the board of nursing that informs the work of the center, including, but not limited to, the number of current licensees and future projections of licensees.
(e) The center shall submit an annual report of the center's statewide plan to the governor, the speaker of the house of representatives, and the speaker of the senate by July 1 of each year, beginning July 1, 2023.
(f) This section is repealed on July 1, 2028.
Added by 2022 Tenn. Acts, ch. 885, s 1, eff. 7/1/2022.
Tenn. Code Ann. § 49-12-203 — TN Code / Title 49 / Chapter 12 / Section 49-12-203
Cooperation of state agencies
Status: in_force

(a) All officers of this state are hereby authorized and directed to do all things, falling within their respective provinces and jurisdictions, necessary or incidental to the carrying out of the compact for education in every particular. (b) All officers, agencies, divisions, departments and persons of and in the government and administration of this state are hereby authorized and directed, at convenient times and upon the request of the commissioners representing this state under the compact, to furnish the education commission with information and data possessed by them or any one of them, and to aid the commission by any means lying within their legal powers respectively. Acts 1967, ch. 274, § 7; T.C.A., § 49-4307.
(a) All officers of this state are hereby authorized and directed to do all things, falling within their respective provinces and jurisdictions, necessary or incidental to the carrying out of the compact for education in every particular.
(b) All officers, agencies, divisions, departments and persons of and in the government and administration of this state are hereby authorized and directed, at convenient times and upon the request of the commissioners representing this state under the compact, to furnish the education commission with information and data possessed by them or any one of them, and to aid the commission by any means lying within their legal powers respectively.
Acts 1967, ch. 274, § 7; T.C.A., § 49-4307.
Tenn. Code Ann. § 49-6-2803 — TN Code / Title 49 / Chapter 6 / Section 49-6-2803
Written referral for student's behavior - Use of appropriate discipline management techniques
Status: in_force

In order to manage student behavior, to ensure the safety of all students in the teacher's classroom and school, and to ensure students the opportunity to learn in an orderly and disciplined classroom, a teacher may refer a student to the principal or the principal's designee. When a teacher disciplines a student by issuing a written referral for the student's behavior, the referral must be returned to the teacher with a notation of the action taken. The referral must be kept in a student discipline file, and shall not become a part of the student's permanent record. If an LEA or school has adopted an electronic system of making disciplinary referrals instead of using written referrals, then the teacher making the referral must be notified of the action taken, but the notification may be made either electronically or in writing. The principal or the principal's designee must respond to a teacher's disciplinary referral of a student by employing appropriate discipline management techniques that are consistent with the LEA's or school's policy. The director of schools, or the director's designee, must review the LEA's or school's discipline policies, practices, and data annually and recommend any necessary revisions to discipline policies to the local board of education or the public charter school governing body, as applicable, for adoption. Acts 2021, ch. 77, § 2.
In order to manage student behavior, to ensure the safety of all students in the teacher's classroom and school, and to ensure students the opportunity to learn in an orderly and disciplined classroom, a teacher may refer a student to the principal or the principal's designee. When a teacher disciplines a student by issuing a written referral for the student's behavior, the referral must be returned to the teacher with a notation of the action taken. The referral must be kept in a student discipline file, and shall not become a part of the student's permanent record. If an LEA or school has adopted an electronic system of making disciplinary referrals instead of using written referrals, then the teacher making the referral must be notified of the action taken, but the notification may be made either electronically or in writing. The principal or the principal's designee must respond to a teacher's disciplinary referral of a student by employing appropriate discipline management techniques that are consistent with the LEA's or school's policy. The director of schools, or the director's designee, must review the LEA's or school's discipline policies, practices, and data annually and recommend any necessary revisions to discipline policies to the local board of education or the public charter school governing body, as applicable, for adoption.
Acts 2021, ch. 77, § 2.
Tenn. Code Ann. § 49-9-206 — TN Code / Title 49 / Chapter 9 / Section 49-9-206
Committees
Status: in_force

(a) (1) The board of trustees of the University of Tennessee shall appoint an executive committee of five (5) of its members as a standing committee of the board. (2) In appointing members to the executive committee, the board of trustees shall strive to ensure that the committee includes alumni from different University of Tennessee institutions. (3) The executive committee: (A) May meet as often as necessary to conduct its business; (B) Must have a majority of voting members present at meetings to constitute a quorum for the transaction of committee business; (C) Has the authority to: (i) Oversee and monitor the work of other standing committees, the university's planning process, the president's performance and welfare, and the university's commitment to and compliance with the state's plans and objectives for higher education; (ii) Recommend to the board of trustees the initial and subsequent compensation of the president and the initial compensation of the chancellors and other university officers defined in the bylaws approved by the board; (iii) Act for the board of trustees on any matter when necessary between meetings of the board; and (iv) Perform other responsibilities as the board of trustees deems necessary or advisable, subject to the approval of the board; and (D) Has only the specific authority granted pursuant to subdivision (a)(3)(C) and shall not operate or conduct any business outside the scope of such authority. (b) (1) The board of trustees shall appoint the following standing committees, with at least three (3) of its members serving on each committee: (A) An audit committee in compliance with the State of Tennessee Audit Committee Act of 2005, compiled in title 4, chapter 35; (B) A finance and administration committee with responsibility for oversight of finance and administration related matters; and (C) An academic affairs and student success committee with responsibility for oversight of matters related to academic affairs and student success. (2) The standing committees created under subdivision (b)(1) must have a majority of voting members present at meetings to constitute a quorum for the transaction of committee business. (c) (1) The board of trustees may establish: (A) Other standing committees as it deems necessary or advisable from time to time; and (B) Its own subcommittees and ad hoc committees as it deems necessary or advisable from time to time. (2) Any standing committee established under subdivision (c)(1)(A): (A) Must be comprised of at least three (3) members of the board of trustees; (B) May meet as often as necessary to conduct their business; (C) Must have a majority of voting members present at meetings to constitute a quorum for the transaction of committee or subcommittee business; and (D) Has only the specific authority granted to it by the board of trustees and shall not operate or conduct any business outside the scope of such authority. (3) In appointing members to a standing committee created under subdivision (c)(1)(A), the board of trustees shall strive to ensure that the committee includes alumni from different University of Tennessee institutions. (4) Any standing committee of the board of trustees established under subdivision (c)(1)(A) may establish and appoint the members and chairs of any subcommittee or ad hoc committee it deems necessary or advisable from time to time. (d) (1) The standing committee with responsibility for oversight of academic affairs and student success shall include one (1) voting full-time faculty member of a University of Tennessee institution. The faculty member shall be selected and appointed in a manner determined by the board of trustees as soon as practicable for the initial appointment and, for all subsequent appointments, no later than May 31 of each year. (2) The faculty member position shall rotate among the institutions of the University of Tennessee in a manner determined by the board of trustees. Each faculty member shall serve a one-year term, beginning on July 1 of the year of appointment and ending the following June 30. (3) Each faculty member must maintain employment with the University of Tennessee institution and full-time faculty status throughout the faculty member's term. (4) The student member of the board of trustees shall be appointed to, and be a voting member of, the standing committee with responsibility for oversight of academic affairs and student success. (e) Nothing in this part authorizes the restructure or reorganization of the University of Tennessee system in a manner that removes a campus or institute from the system, unless such restructure or reorganization is authorized specifically by statute. Amended by 2018 Tenn. Acts, ch. 657,Secs.s7, s7 eff. 4/6/2018. Amended by 2016 Tenn. Acts, ch. 753,s 4, eff. 4/12/2016. Acts 1909, ch. 48, § 3; Shan., § 373a3; Code 1932, § 577; Acts 1935, ch. 182, § 1; C. Supp. 1950, § 577; T.C.A. (orig. ed.), § 49-3307.
(a) (1) The board of trustees of the University of Tennessee shall appoint an executive committee of five (5) of its members as a standing committee of the board. (2) In appointing members to the executive committee, the board of trustees shall strive to ensure that the committee includes alumni from different University of Tennessee institutions. (3) The executive committee: (A) May meet as often as necessary to conduct its business; (B) Must have a majority of voting members present at meetings to constitute a quorum for the transaction of committee business; (C) Has the authority to: (i) Oversee and monitor the work of other standing committees, the university's planning process, the president's performance and welfare, and the university's commitment to and compliance with the state's plans and objectives for higher education; (ii) Recommend to the board of trustees the initial and subsequent compensation of the president and the initial compensation of the chancellors and other university officers defined in the bylaws approved by the board; (iii) Act for the board of trustees on any matter when necessary between meetings of the board; and (iv) Perform other responsibilities as the board of trustees deems necessary or advisable, subject to the approval of the board; and (D) Has only the specific authority granted pursuant to subdivision (a)(3)(C) and shall not operate or conduct any business outside the scope of such authority.
(1) The board of trustees of the University of Tennessee shall appoint an executive committee of five (5) of its members as a standing committee of the board.
(2) In appointing members to the executive committee, the board of trustees shall strive to ensure that the committee includes alumni from different University of Tennessee institutions.
(3) The executive committee: (A) May meet as often as necessary to conduct its business; (B) Must have a majority of voting members present at meetings to constitute a quorum for the transaction of committee business; (C) Has the authority to: (i) Oversee and monitor the work of other standing committees, the university's planning process, the president's performance and welfare, and the university's commitment to and compliance with the state's plans and objectives for higher education; (ii) Recommend to the board of trustees the initial and subsequent compensation of the president and the initial compensation of the chancellors and other university officers defined in the bylaws approved by the board; (iii) Act for the board of trustees on any matter when necessary between meetings of the board; and (iv) Perform other responsibilities as the board of trustees deems necessary or advisable, subject to the approval of the board; and (D) Has only the specific authority granted pursuant to subdivision (a)(3)(C) and shall not operate or conduct any business outside the scope of such authority.
(A) May meet as often as necessary to conduct its business;
(B) Must have a majority of voting members present at meetings to constitute a quorum for the transaction of committee business;
(C) Has the authority to: (i) Oversee and monitor the work of other standing committees, the university's planning process, the president's performance and welfare, and the university's commitment to and compliance with the state's plans and objectives for higher education; (ii) Recommend to the board of trustees the initial and subsequent compensation of the president and the initial compensation of the chancellors and other university officers defined in the bylaws approved by the board; (iii) Act for the board of trustees on any matter when necessary between meetings of the board; and (iv) Perform other responsibilities as the board of trustees deems necessary or advisable, subject to the approval of the board; and
(i) Oversee and monitor the work of other standing committees, the university's planning process, the president's performance and welfare, and the university's commitment to and compliance with the state's plans and objectives for higher education;
(ii) Recommend to the board of trustees the initial and subsequent compensation of the president and the initial compensation of the chancellors and other university officers defined in the bylaws approved by the board;
(iii) Act for the board of trustees on any matter when necessary between meetings of the board; and
(iv) Perform other responsibilities as the board of trustees deems necessary or advisable, subject to the approval of the board; and
(D) Has only the specific authority granted pursuant to subdivision (a)(3)(C) and shall not operate or conduct any business outside the scope of such authority.
(b) (1) The board of trustees shall appoint the following standing committees, with at least three (3) of its members serving on each committee: (A) An audit committee in compliance with the State of Tennessee Audit Committee Act of 2005, compiled in title 4, chapter 35; (B) A finance and administration committee with responsibility for oversight of finance and administration related matters; and (C) An academic affairs and student success committee with responsibility for oversight of matters related to academic affairs and student success. (2) The standing committees created under subdivision (b)(1) must have a majority of voting members present at meetings to constitute a quorum for the transaction of committee business.
(1) The board of trustees shall appoint the following standing committees, with at least three (3) of its members serving on each committee: (A) An audit committee in compliance with the State of Tennessee Audit Committee Act of 2005, compiled in title 4, chapter 35; (B) A finance and administration committee with responsibility for oversight of finance and administration related matters; and (C) An academic affairs and student success committee with responsibility for oversight of matters related to academic affairs and student success.
(A) An audit committee in compliance with the State of Tennessee Audit Committee Act of 2005, compiled in title 4, chapter 35;
(B) A finance and administration committee with responsibility for oversight of finance and administration related matters; and
(C) An academic affairs and student success committee with responsibility for oversight of matters related to academic affairs and student success.
(2) The standing committees created under subdivision (b)(1) must have a majority of voting members present at meetings to constitute a quorum for the transaction of committee business.
(c) (1) The board of trustees may establish: (A) Other standing committees as it deems necessary or advisable from time to time; and (B) Its own subcommittees and ad hoc committees as it deems necessary or advisable from time to time. (2) Any standing committee established under subdivision (c)(1)(A): (A) Must be comprised of at least three (3) members of the board of trustees; (B) May meet as often as necessary to conduct their business; (C) Must have a majority of voting members present at meetings to constitute a quorum for the transaction of committee or subcommittee business; and (D) Has only the specific authority granted to it by the board of trustees and shall not operate or conduct any business outside the scope of such authority. (3) In appointing members to a standing committee created under subdivision (c)(1)(A), the board of trustees shall strive to ensure that the committee includes alumni from different University of Tennessee institutions. (4) Any standing committee of the board of trustees established under subdivision (c)(1)(A) may establish and appoint the members and chairs of any subcommittee or ad hoc committee it deems necessary or advisable from time to time.
(1) The board of trustees may establish: (A) Other standing committees as it deems necessary or advisable from time to time; and (B) Its own subcommittees and ad hoc committees as it deems necessary or advisable from time to time.
(A) Other standing committees as it deems necessary or advisable from time to time; and
(B) Its own subcommittees and ad hoc committees as it deems necessary or advisable from time to time.
(2) Any standing committee established under subdivision (c)(1)(A): (A) Must be comprised of at least three (3) members of the board of trustees; (B) May meet as often as necessary to conduct their business; (C) Must have a majority of voting members present at meetings to constitute a quorum for the transaction of committee or subcommittee business; and (D) Has only the specific authority granted to it by the board of trustees and shall not operate or conduct any business outside the scope of such authority.
(A) Must be comprised of at least three (3) members of the board of trustees;
(B) May meet as often as necessary to conduct their business;
(C) Must have a majority of voting members present at meetings to constitute a quorum for the transaction of committee or subcommittee business; and
(D) Has only the specific authority granted to it by the board of trustees and shall not operate or conduct any business outside the scope of such authority.
(3) In appointing members to a standing committee created under subdivision (c)(1)(A), the board of trustees shall strive to ensure that the committee includes alumni from different University of Tennessee institutions.
(4) Any standing committee of the board of trustees established under subdivision (c)(1)(A) may establish and appoint the members and chairs of any subcommittee or ad hoc committee it deems necessary or advisable from time to time.
(d) (1) The standing committee with responsibility for oversight of academic affairs and student success shall include one (1) voting full-time faculty member of a University of Tennessee institution. The faculty member shall be selected and appointed in a manner determined by the board of trustees as soon as practicable for the initial appointment and, for all subsequent appointments, no later than May 31 of each year. (2) The faculty member position shall rotate among the institutions of the University of Tennessee in a manner determined by the board of trustees. Each faculty member shall serve a one-year term, beginning on July 1 of the year of appointment and ending the following June 30. (3) Each faculty member must maintain employment with the University of Tennessee institution and full-time faculty status throughout the faculty member's term. (4) The student member of the board of trustees shall be appointed to, and be a voting member of, the standing committee with responsibility for oversight of academic affairs and student success.
(1) The standing committee with responsibility for oversight of academic affairs and student success shall include one (1) voting full-time faculty member of a University of Tennessee institution. The faculty member shall be selected and appointed in a manner determined by the board of trustees as soon as practicable for the initial appointment and, for all subsequent appointments, no later than May 31 of each year.
(2) The faculty member position shall rotate among the institutions of the University of Tennessee in a manner determined by the board of trustees. Each faculty member shall serve a one-year term, beginning on July 1 of the year of appointment and ending the following June 30.
(3) Each faculty member must maintain employment with the University of Tennessee institution and full-time faculty status throughout the faculty member's term.
(4) The student member of the board of trustees shall be appointed to, and be a voting member of, the standing committee with responsibility for oversight of academic affairs and student success.
(e) Nothing in this part authorizes the restructure or reorganization of the University of Tennessee system in a manner that removes a campus or institute from the system, unless such restructure or reorganization is authorized specifically by statute.
Amended by 2018 Tenn. Acts, ch. 657,Secs.s7, s7 eff. 4/6/2018.
Amended by 2016 Tenn. Acts, ch. 753,s 4, eff. 4/12/2016.
Acts 1909, ch. 48, § 3; Shan., § 373a3; Code 1932, § 577; Acts 1935, ch. 182, § 1; C. Supp. 1950, § 577; T.C.A. (orig. ed.), § 49-3307.
Tenn. Code Ann. § 49-3-359 — TN Code / Title 49 / Chapter 3 / Section 49-3-359
TISA funding for teacher's supplies and school nurses or school health services
Status: in_force

(a) Each LEA and public charter school must pay two hundred dollars ($200) for each teacher in kindergarten through grade twelve (K-12) for the purpose described in this subsection (a). This money must be used by the teachers for instructional supplies and must be given to each teacher by October 31 of each school year so that the teacher may spend it at any time during that school year on instructional supplies as determined necessary by the teacher. The purpose of these funds is to permit purchase of items of equipment for the benefit and enhancement of the instructional program. The funds cannot be used for basic building needs such as HVAC, carpets, furniture, items or equipment for the teachers' lounge, or the like. Any funds not spent by the end of the school year must be pooled at the school level and used for the purchase of items of equipment for the benefit of all teachers. Pooled funds cannot be used for basic building needs such as HVAC, carpets, furniture, items or equipment for the teachers' lounge, or the like. (b) [Deleted by 2022 amendment.] (c) (1) An LEA may use TISA funds to directly employ a public school nurse or to contract with the Tennessee public school nurse program, created in § 68-1-1201 , for the provision of school health services. (2) If an LEA does not employ or contract for at least one (1) school nurse for every seven hundred fifty (750) student members of the LEA for the 2024-2025 school year, or for a subsequent school year, then the LEA's director of schools must submit a report to the department of education no later than June 1 of the respective school year that contains the following: (A) How many school nurses the LEA contracted for or employed for the respective school year, disaggregated by: (i) The number of school nurses contracted for by the LEA, disaggregated by the number: (a) Assigned to a student member of the LEA to provide the student with related services, as defined in § 49-10-102 ; and (b) That were not assigned to a student member of the LEA to provide the student with related services, as defined in § 49-10-102 , but that were instead assigned to provide services to all student members of the LEA; and (ii) The number of school nurses employed by the LEA, disaggregated by the number: (a) Assigned to a student member of the LEA to provide the student with related services, as defined in § 49-10-102 ; and (b) That were not assigned to a student member of the LEA to provide the student with related services, as defined in § 49-10-102 , but that were instead assigned to provide services to all student members of the LEA; (B) The type of certification or nursing license possessed by each school nurse contracted for or employed by the LEA for the respective school year; (C) How many schools are operated by the LEA; (D) The student membership of the LEA for: (i) The respective school year; and (ii) The immediately preceding school year; (E) The student-to-school-nurse ratio for the LEA based on the number of school nurses the LEA contracted for or employed for the respective school year; (F) The LEA's reason for not employing or contracting for at least one (1) school nurse for every seven hundred fifty (750) student members of the LEA; (G) Whether the LEA employed or contracted for the number of school nurses necessary for the LEA to place at least one (1) school nurse at each school operated by the LEA, excluding school nurses assigned to student members of the LEA to provide the students with related services, as defined in § 49-10-102 ; and (H) The number of student members in the LEA who have an emergency care plan or individualized healthcare plan, as those terms are defined in § 49-50-1601 ; who have an individual health plan for purposes of § 49-50-1602 ; or who have a medical condition for which the services of a school nurse or trained professional are required for the administration of medication. (3) Each public school nurse employed by or provided to an LEA pursuant to this subsection (c) shall meet or exceed the minimum qualifications and standards established pursuant to § 68-1-1204(a) , and shall perform the duties and responsibilities enumerated within § 68-1-1202 . (4) Each public school nurse employed by an LEA shall maintain current certification through a certifying cardiopulmonary resuscitation course consistent with the scientific guidelines of the American Heart Association in collaboration with the International Liaison Committee on Resuscitation. (d) The amounts provided in this section may be reduced pro rata by the commissioner during any year in which the BEP appropriation is insufficient to fully fund the program. Amended by 2024 Tenn. Acts, ch. 910,s 1, eff. 5/3/2024. Amended by 2022 Tenn. Acts, ch. 966, Secs.s 26, s 27 eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 966, s 25, eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 686, s 6, eff. 3/28/2022. Amended by 2019 Tenn. Acts, ch. 345, s 91, eff. 5/10/2019. Amended by 2019 Tenn. Acts, ch. 248, s 32, eff. 5/2/2019. Amended by 2017 Tenn. Acts, ch. 389, s 1, eff. 7/1/2017. Amended by 2015 Tenn. Acts, ch. 182, s 32, eff. 4/17/2015. Amended by 2014 Tenn. Acts, ch. 704, s 2, eff. 7/1/2014. Amended by 2014 Tenn. Acts, ch. 704, s 1, eff. 7/1/2014. Acts 1992, ch. 535, § 3; 1996, ch. 894, § 1; 2004, ch. 886, § 1.
(a) Each LEA and public charter school must pay two hundred dollars ($200) for each teacher in kindergarten through grade twelve (K-12) for the purpose described in this subsection (a). This money must be used by the teachers for instructional supplies and must be given to each teacher by October 31 of each school year so that the teacher may spend it at any time during that school year on instructional supplies as determined necessary by the teacher. The purpose of these funds is to permit purchase of items of equipment for the benefit and enhancement of the instructional program. The funds cannot be used for basic building needs such as HVAC, carpets, furniture, items or equipment for the teachers' lounge, or the like. Any funds not spent by the end of the school year must be pooled at the school level and used for the purchase of items of equipment for the benefit of all teachers. Pooled funds cannot be used for basic building needs such as HVAC, carpets, furniture, items or equipment for the teachers' lounge, or the like.
(b) [Deleted by 2022 amendment.]
(c) (1) An LEA may use TISA funds to directly employ a public school nurse or to contract with the Tennessee public school nurse program, created in § 68-1-1201 , for the provision of school health services. (2) If an LEA does not employ or contract for at least one (1) school nurse for every seven hundred fifty (750) student members of the LEA for the 2024-2025 school year, or for a subsequent school year, then the LEA's director of schools must submit a report to the department of education no later than June 1 of the respective school year that contains the following: (A) How many school nurses the LEA contracted for or employed for the respective school year, disaggregated by: (i) The number of school nurses contracted for by the LEA, disaggregated by the number: (a) Assigned to a student member of the LEA to provide the student with related services, as defined in § 49-10-102 ; and (b) That were not assigned to a student member of the LEA to provide the student with related services, as defined in § 49-10-102 , but that were instead assigned to provide services to all student members of the LEA; and (ii) The number of school nurses employed by the LEA, disaggregated by the number: (a) Assigned to a student member of the LEA to provide the student with related services, as defined in § 49-10-102 ; and (b) That were not assigned to a student member of the LEA to provide the student with related services, as defined in § 49-10-102 , but that were instead assigned to provide services to all student members of the LEA; (B) The type of certification or nursing license possessed by each school nurse contracted for or employed by the LEA for the respective school year; (C) How many schools are operated by the LEA; (D) The student membership of the LEA for: (i) The respective school year; and (ii) The immediately preceding school year; (E) The student-to-school-nurse ratio for the LEA based on the number of school nurses the LEA contracted for or employed for the respective school year; (F) The LEA's reason for not employing or contracting for at least one (1) school nurse for every seven hundred fifty (750) student members of the LEA; (G) Whether the LEA employed or contracted for the number of school nurses necessary for the LEA to place at least one (1) school nurse at each school operated by the LEA, excluding school nurses assigned to student members of the LEA to provide the students with related services, as defined in § 49-10-102 ; and (H) The number of student members in the LEA who have an emergency care plan or individualized healthcare plan, as those terms are defined in § 49-50-1601 ; who have an individual health plan for purposes of § 49-50-1602 ; or who have a medical condition for which the services of a school nurse or trained professional are required for the administration of medication. (3) Each public school nurse employed by or provided to an LEA pursuant to this subsection (c) shall meet or exceed the minimum qualifications and standards established pursuant to § 68-1-1204(a) , and shall perform the duties and responsibilities enumerated within § 68-1-1202 . (4) Each public school nurse employed by an LEA shall maintain current certification through a certifying cardiopulmonary resuscitation course consistent with the scientific guidelines of the American Heart Association in collaboration with the International Liaison Committee on Resuscitation.
(1) An LEA may use TISA funds to directly employ a public school nurse or to contract with the Tennessee public school nurse program, created in § 68-1-1201 , for the provision of school health services.
(2) If an LEA does not employ or contract for at least one (1) school nurse for every seven hundred fifty (750) student members of the LEA for the 2024-2025 school year, or for a subsequent school year, then the LEA's director of schools must submit a report to the department of education no later than June 1 of the respective school year that contains the following: (A) How many school nurses the LEA contracted for or employed for the respective school year, disaggregated by: (i) The number of school nurses contracted for by the LEA, disaggregated by the number: (a) Assigned to a student member of the LEA to provide the student with related services, as defined in § 49-10-102 ; and (b) That were not assigned to a student member of the LEA to provide the student with related services, as defined in § 49-10-102 , but that were instead assigned to provide services to all student members of the LEA; and (ii) The number of school nurses employed by the LEA, disaggregated by the number: (a) Assigned to a student member of the LEA to provide the student with related services, as defined in § 49-10-102 ; and (b) That were not assigned to a student member of the LEA to provide the student with related services, as defined in § 49-10-102 , but that were instead assigned to provide services to all student members of the LEA; (B) The type of certification or nursing license possessed by each school nurse contracted for or employed by the LEA for the respective school year; (C) How many schools are operated by the LEA; (D) The student membership of the LEA for: (i) The respective school year; and (ii) The immediately preceding school year; (E) The student-to-school-nurse ratio for the LEA based on the number of school nurses the LEA contracted for or employed for the respective school year; (F) The LEA's reason for not employing or contracting for at least one (1) school nurse for every seven hundred fifty (750) student members of the LEA; (G) Whether the LEA employed or contracted for the number of school nurses necessary for the LEA to place at least one (1) school nurse at each school operated by the LEA, excluding school nurses assigned to student members of the LEA to provide the students with related services, as defined in § 49-10-102 ; and (H) The number of student members in the LEA who have an emergency care plan or individualized healthcare plan, as those terms are defined in § 49-50-1601 ; who have an individual health plan for purposes of § 49-50-1602 ; or who have a medical condition for which the services of a school nurse or trained professional are required for the administration of medication.
(A) How many school nurses the LEA contracted for or employed for the respective school year, disaggregated by: (i) The number of school nurses contracted for by the LEA, disaggregated by the number: (a) Assigned to a student member of the LEA to provide the student with related services, as defined in § 49-10-102 ; and (b) That were not assigned to a student member of the LEA to provide the student with related services, as defined in § 49-10-102 , but that were instead assigned to provide services to all student members of the LEA; and (ii) The number of school nurses employed by the LEA, disaggregated by the number: (a) Assigned to a student member of the LEA to provide the student with related services, as defined in § 49-10-102 ; and (b) That were not assigned to a student member of the LEA to provide the student with related services, as defined in § 49-10-102 , but that were instead assigned to provide services to all student members of the LEA;
(i) The number of school nurses contracted for by the LEA, disaggregated by the number: (a) Assigned to a student member of the LEA to provide the student with related services, as defined in § 49-10-102 ; and (b) That were not assigned to a student member of the LEA to provide the student with related services, as defined in § 49-10-102 , but that were instead assigned to provide services to all student members of the LEA; and
(a) Assigned to a student member of the LEA to provide the student with related services, as defined in § 49-10-102 ; and
(b) That were not assigned to a student member of the LEA to provide the student with related services, as defined in § 49-10-102 , but that were instead assigned to provide services to all student members of the LEA; and
(ii) The number of school nurses employed by the LEA, disaggregated by the number: (a) Assigned to a student member of the LEA to provide the student with related services, as defined in § 49-10-102 ; and (b) That were not assigned to a student member of the LEA to provide the student with related services, as defined in § 49-10-102 , but that were instead assigned to provide services to all student members of the LEA;
(a) Assigned to a student member of the LEA to provide the student with related services, as defined in § 49-10-102 ; and
(b) That were not assigned to a student member of the LEA to provide the student with related services, as defined in § 49-10-102 , but that were instead assigned to provide services to all student members of the LEA;
(B) The type of certification or nursing license possessed by each school nurse contracted for or employed by the LEA for the respective school year;
(C) How many schools are operated by the LEA;
(D) The student membership of the LEA for: (i) The respective school year; and (ii) The immediately preceding school year;
(i) The respective school year; and
(ii) The immediately preceding school year;
(E) The student-to-school-nurse ratio for the LEA based on the number of school nurses the LEA contracted for or employed for the respective school year;
(F) The LEA's reason for not employing or contracting for at least one (1) school nurse for every seven hundred fifty (750) student members of the LEA;
(G) Whether the LEA employed or contracted for the number of school nurses necessary for the LEA to place at least one (1) school nurse at each school operated by the LEA, excluding school nurses assigned to student members of the LEA to provide the students with related services, as defined in § 49-10-102 ; and
(H) The number of student members in the LEA who have an emergency care plan or individualized healthcare plan, as those terms are defined in § 49-50-1601 ; who have an individual health plan for purposes of § 49-50-1602 ; or who have a medical condition for which the services of a school nurse or trained professional are required for the administration of medication.
(3) Each public school nurse employed by or provided to an LEA pursuant to this subsection (c) shall meet or exceed the minimum qualifications and standards established pursuant to § 68-1-1204(a) , and shall perform the duties and responsibilities enumerated within § 68-1-1202 .
(4) Each public school nurse employed by an LEA shall maintain current certification through a certifying cardiopulmonary resuscitation course consistent with the scientific guidelines of the American Heart Association in collaboration with the International Liaison Committee on Resuscitation.
(d) The amounts provided in this section may be reduced pro rata by the commissioner during any year in which the BEP appropriation is insufficient to fully fund the program.
Amended by 2024 Tenn. Acts, ch. 910,s 1, eff. 5/3/2024.
Amended by 2022 Tenn. Acts, ch. 966, Secs.s 26, s 27 eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 966, s 25, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 686, s 6, eff. 3/28/2022.
Amended by 2019 Tenn. Acts, ch. 345, s 91, eff. 5/10/2019.
Amended by 2019 Tenn. Acts, ch. 248, s 32, eff. 5/2/2019.
Amended by 2017 Tenn. Acts, ch. 389, s 1, eff. 7/1/2017.
Amended by 2015 Tenn. Acts, ch. 182, s 32, eff. 4/17/2015.
Amended by 2014 Tenn. Acts, ch. 704, s 2, eff. 7/1/2014.
Amended by 2014 Tenn. Acts, ch. 704, s 1, eff. 7/1/2014.
Acts 1992, ch. 535, § 3; 1996, ch. 894, § 1; 2004, ch. 886, § 1.
Tenn. Code Ann. § 49-6-1502 — TN Code / Title 49 / Chapter 6 / Section 49-6-1502
Definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "After-school learning mini-camp" means an after-school educational program, as part of the learning loss remediation and student acceleration program, that is designed to remediate student learning loss and support student academic needs using an educational approach to learning that uses science, technology, reading, engineering, the arts, and mathematics (STREAM) as access points for guiding student inquiry, dialogue, and critical thinking. An after-school learning mini-camp must provide, at a minimum, the following: (A) One (1) hour of in-person educational instruction provided at least four (4) days per week by a licensed teacher. If a licensed teacher is not available to provide the instruction, then the instruction may be provided by a Tennessee accelerating literacy and learning corps member. The educational instruction must be designed to engage students in STREAM instruction, activities, and learning; (B) At least one (1) snack per student per day; (C) Stipends to teachers, tutors, and staff providing educational services to students in the after-school learning mini-camp; and (D) A state-adopted benchmark assessment administered to students in person as a posttest at the end of the after-school learning mini-camp each school year, the results of which must be submitted to the department; (2) "Department" means the department of education; (3) "Learning loss" means the loss of academic knowledge or skills previously acquired or a pause in academic advancement, most commonly due to extended time away from school or in-person instruction; (4) "Learning loss bridge camp" means a four-week educational program conducted each year before the beginning of the school year, as part of the learning loss remediation and student acceleration program, that is designed to support student academic needs and remediate student learning loss. A learning loss bridge camp must provide, at a minimum, the following: (A) Four (4) combined hours of in-person daily instruction, intervention, and supplemental supports in reading and math, provided five (5) days per week. Each LEA or participating public charter school conducting a learning loss bridge camp shall determine the number of minutes of instruction, intervention, and supplemental supports per subject; provided, that all students must receive at least one (1) hour of instruction in reading and one (1) hour of instruction in math per day. Instruction, intervention, and supplemental supports in reading and math must be provided by a teacher licensed and endorsed to teach the subjects and grades served, using instructional materials adopted by the state board of education or provided by the department. If a teacher licensed and endorsed to teach the subjects and grades served is not available to provide the instruction, intervention, and supplemental supports, then the instruction, intervention, and supplemental supports may be provided by a candidate enrolled in an educator preparation program, or a person with a college degree who has successfully completed a learning loss and remediation and student acceleration program preparation course, using instructional materials adopted by the state board of education or provided by the department; (B) One (1) hour of response to instruction and intervention (RTI 2 ) services per day, provided in person five (5) days per week pursuant to Tennessee's response to instruction and intervention framework manual; (C) One (1) hour of physical activity per day, provided five (5) days per week; (D) Lunch and at least one (1) snack or breakfast per day, provided to each student five (5) days per week; (E) Stipends to teachers, tutors, and staff providing educational services to students in the learning loss bridge camp; and (F) A state-adopted benchmark assessment administered to students in person as a posttest at the end of the learning loss bridge camp each year, the results of which must be submitted to the department; (5) "Learning loss remediation and student acceleration program" means a program established and administered by the department to aid LEAs and public charter schools in remediating learning loss by facilitating the provision of educational services to students in person outside of the regular school day, including through after-school learning mini-camps, learning loss bridge camps, and summer learning camps; (6) "Priority student" means: (A) For purposes of an after-school learning mini-camp: (i) A student who will be entering kindergarten, first, second, or third grade in the upcoming school year and who attends a school in which fewer than fifty percent (50%) of the students in grades three through five (3-5) scored proficient in math or English language arts on the most recently administered Tennessee comprehensive assessment program (TCAP) test; (ii) A student who will be entering kindergarten, first, second, or third grade in the upcoming school year and who is eligible for temporary assistance for needy families (TANF); (iii) A child who is "at-risk," as defined by 49-6-104(a), if included at the discretion of the LEA; or (iv) A student who will be entering first, second, or third grade in the upcoming school year and who scored below proficient in math or English language arts on the student's most recent state-adopted benchmark assessment, Tennessee universal math screener, Tennessee universal reading screener, universal reading screener, or, for after-school learning mini-camps conducted in the 2021-2022 school year, response to instruction and intervention (RTI 2 ) screener; (B) For purposes of a learning loss bridge camp, a student who will be entering the fourth, fifth, sixth, seventh, eighth, or ninth grade in the upcoming school year and who scored below proficient in math or English language arts on the student's most recent TCAP test or state-adopted benchmark assessment; and (C) For purposes of a summer learning camp: (i) A student who will be entering kindergarten, first, second, or third grade in the upcoming school year and who attends a public school or public charter school in which fewer than fifty percent (50%) of students in grades three through five (3-5) scored proficient in math or English language arts on the most recently administered TCAP test; (ii) A student who will be entering kindergarten, first, second, or third grade in the upcoming school year and who is eligible for TANF; (iii) A child who is "at-risk," as defined by 49-6-104(a), if included at the discretion of the LEA; or (iv) A student who will be entering first, second, or third grade in the upcoming school year and who scored below proficient in math or English language arts on the student's most recent state-adopted benchmark assessment, Tennessee universal math screener, Tennessee universal reading screener, universal reading screener, or, for summer learning camps conducted in the summer immediately following the 2020-2021 school year, RTI 2 screener; (7) "State-adopted benchmark assessment" means an assessment created under the innovative benchmark assessment pilot program established under § 49-6-1508 ; (8) "Stipend" means: (A) The compensation provided to teachers for providing educational services to students in: (i) After-school learning mini-camps, learning loss bridge camps, or summer learning camps based on factors such as the teacher's level of overall effectiveness score or other performance data; ability to support student populations with unique needs; or license or endorsement to teach a hard-to-staff subject area; and (ii) Learning loss bridge camps or summer learning camps based on a differentiated stipend plan developed by the department that provides teachers with at least one thousand dollars ($1,000) per week in compensation, but no more than twenty-five percent (25%) above the weekly compensation rate of the highest salary step for teachers in the LEA's salary schedule; and (B) The compensation provided to tutors and staff for providing educational services to students in after-school learning mini-camps, learning loss bridge camps, and summer learning camps, as determined by the respective local board of education or governing body of a participating public charter school; (9) "Summer learning camp" means a six-week summer educational program, as part of the learning loss remediation and student acceleration program, that is designed to support student academic needs and remediate student learning loss. A summer learning camp must provide, at a minimum, the following: (A) Four (4) combined hours of in-person daily instruction, intervention, and supplemental supports in reading and math, provided five (5) days per week. Each LEA or participating public charter school conducting a summer learning camp shall determine the number of minutes of instruction, intervention, and supplemental supports per subject; provided, that all students must receive at least one (1) hour of instruction in reading and one (1) hour of instruction in math per day. Instruction, intervention, and supplemental supports in reading and math must be provided by a teacher licensed and endorsed to teach the subjects and grades served, using instructional materials adopted by the state board of education or provided by the department. If a teacher licensed and endorsed to teach the subjects and grades served is not available to provide the instruction, intervention, and supplemental supports, then the instruction, intervention, and supplemental supports may be provided by a candidate enrolled in an educator preparation program, or a person with a college degree who has successfully completed a learning loss and remediation and student acceleration program preparation course, using instructional materials adopted by the state board of education or provided by the department; (B) One (1) hour of RTI 2 services per day, provided in person five (5) days per week pursuant to Tennessee's response to instruction and intervention framework manual; (C) One (1) hour of physical activity per day, provided five (5) days per week; (D) Lunch and at least one (1) snack or breakfast per day, provided to each student five (5) days per week; (E) Stipends to teachers, tutors, and staff providing educational services to students in the summer learning camp; and (F) A state-adopted benchmark assessment administered to students in person as a posttest at the end of the summer learning camp each year, the results of which must be submitted to the department; (10) "Tennessee universal math screener" means the uniform tool that screens and monitors a student's progress toward proficiency in math that is provided to LEAs and public charter schools by the department as part of the innovative benchmark assessment pilot program; (11) "Tennessee universal reading screener" means the universal reading screener that is provided to LEAs and public charter schools by the department as part of the innovative benchmark assessment pilot program; and (12) "Universal reading screener" means a uniform tool that screens and monitors a student's progress towards phonemic awareness, phonics, fluency, vocabulary, and comprehension. Amended by 2024 Tenn. Acts, ch. 639,s 3, eff. 4/4/2024. Amended by 2024 Tenn. Acts, ch. 639,s 2, eff. 4/4/2024. Amended by 2024 Tenn. Acts, ch. 639,s 1, eff. 4/4/2024. Amended by 2023 Tenn. Acts, ch. 144, s 1, eff. 4/13/2023. Added by 2021EX1 Tenn. Acts, ch. 1, s 1, eff. 2/3/2021.
As used in this part, unless the context otherwise requires:
(1) "After-school learning mini-camp" means an after-school educational program, as part of the learning loss remediation and student acceleration program, that is designed to remediate student learning loss and support student academic needs using an educational approach to learning that uses science, technology, reading, engineering, the arts, and mathematics (STREAM) as access points for guiding student inquiry, dialogue, and critical thinking. An after-school learning mini-camp must provide, at a minimum, the following: (A) One (1) hour of in-person educational instruction provided at least four (4) days per week by a licensed teacher. If a licensed teacher is not available to provide the instruction, then the instruction may be provided by a Tennessee accelerating literacy and learning corps member. The educational instruction must be designed to engage students in STREAM instruction, activities, and learning; (B) At least one (1) snack per student per day; (C) Stipends to teachers, tutors, and staff providing educational services to students in the after-school learning mini-camp; and (D) A state-adopted benchmark assessment administered to students in person as a posttest at the end of the after-school learning mini-camp each school year, the results of which must be submitted to the department;
(A) One (1) hour of in-person educational instruction provided at least four (4) days per week by a licensed teacher. If a licensed teacher is not available to provide the instruction, then the instruction may be provided by a Tennessee accelerating literacy and learning corps member. The educational instruction must be designed to engage students in STREAM instruction, activities, and learning;
(B) At least one (1) snack per student per day;
(C) Stipends to teachers, tutors, and staff providing educational services to students in the after-school learning mini-camp; and
(D) A state-adopted benchmark assessment administered to students in person as a posttest at the end of the after-school learning mini-camp each school year, the results of which must be submitted to the department;
(2) "Department" means the department of education;
(3) "Learning loss" means the loss of academic knowledge or skills previously acquired or a pause in academic advancement, most commonly due to extended time away from school or in-person instruction;
(4) "Learning loss bridge camp" means a four-week educational program conducted each year before the beginning of the school year, as part of the learning loss remediation and student acceleration program, that is designed to support student academic needs and remediate student learning loss. A learning loss bridge camp must provide, at a minimum, the following: (A) Four (4) combined hours of in-person daily instruction, intervention, and supplemental supports in reading and math, provided five (5) days per week. Each LEA or participating public charter school conducting a learning loss bridge camp shall determine the number of minutes of instruction, intervention, and supplemental supports per subject; provided, that all students must receive at least one (1) hour of instruction in reading and one (1) hour of instruction in math per day. Instruction, intervention, and supplemental supports in reading and math must be provided by a teacher licensed and endorsed to teach the subjects and grades served, using instructional materials adopted by the state board of education or provided by the department. If a teacher licensed and endorsed to teach the subjects and grades served is not available to provide the instruction, intervention, and supplemental supports, then the instruction, intervention, and supplemental supports may be provided by a candidate enrolled in an educator preparation program, or a person with a college degree who has successfully completed a learning loss and remediation and student acceleration program preparation course, using instructional materials adopted by the state board of education or provided by the department; (B) One (1) hour of response to instruction and intervention (RTI 2 ) services per day, provided in person five (5) days per week pursuant to Tennessee's response to instruction and intervention framework manual; (C) One (1) hour of physical activity per day, provided five (5) days per week; (D) Lunch and at least one (1) snack or breakfast per day, provided to each student five (5) days per week; (E) Stipends to teachers, tutors, and staff providing educational services to students in the learning loss bridge camp; and (F) A state-adopted benchmark assessment administered to students in person as a posttest at the end of the learning loss bridge camp each year, the results of which must be submitted to the department;
(A) Four (4) combined hours of in-person daily instruction, intervention, and supplemental supports in reading and math, provided five (5) days per week. Each LEA or participating public charter school conducting a learning loss bridge camp shall determine the number of minutes of instruction, intervention, and supplemental supports per subject; provided, that all students must receive at least one (1) hour of instruction in reading and one (1) hour of instruction in math per day. Instruction, intervention, and supplemental supports in reading and math must be provided by a teacher licensed and endorsed to teach the subjects and grades served, using instructional materials adopted by the state board of education or provided by the department. If a teacher licensed and endorsed to teach the subjects and grades served is not available to provide the instruction, intervention, and supplemental supports, then the instruction, intervention, and supplemental supports may be provided by a candidate enrolled in an educator preparation program, or a person with a college degree who has successfully completed a learning loss and remediation and student acceleration program preparation course, using instructional materials adopted by the state board of education or provided by the department;
(B) One (1) hour of response to instruction and intervention (RTI 2 ) services per day, provided in person five (5) days per week pursuant to Tennessee's response to instruction and intervention framework manual;
(C) One (1) hour of physical activity per day, provided five (5) days per week;
(D) Lunch and at least one (1) snack or breakfast per day, provided to each student five (5) days per week;
(E) Stipends to teachers, tutors, and staff providing educational services to students in the learning loss bridge camp; and
(F) A state-adopted benchmark assessment administered to students in person as a posttest at the end of the learning loss bridge camp each year, the results of which must be submitted to the department;
(5) "Learning loss remediation and student acceleration program" means a program established and administered by the department to aid LEAs and public charter schools in remediating learning loss by facilitating the provision of educational services to students in person outside of the regular school day, including through after-school learning mini-camps, learning loss bridge camps, and summer learning camps;
(6) "Priority student" means: (A) For purposes of an after-school learning mini-camp: (i) A student who will be entering kindergarten, first, second, or third grade in the upcoming school year and who attends a school in which fewer than fifty percent (50%) of the students in grades three through five (3-5) scored proficient in math or English language arts on the most recently administered Tennessee comprehensive assessment program (TCAP) test; (ii) A student who will be entering kindergarten, first, second, or third grade in the upcoming school year and who is eligible for temporary assistance for needy families (TANF); (iii) A child who is "at-risk," as defined by 49-6-104(a), if included at the discretion of the LEA; or (iv) A student who will be entering first, second, or third grade in the upcoming school year and who scored below proficient in math or English language arts on the student's most recent state-adopted benchmark assessment, Tennessee universal math screener, Tennessee universal reading screener, universal reading screener, or, for after-school learning mini-camps conducted in the 2021-2022 school year, response to instruction and intervention (RTI 2 ) screener; (B) For purposes of a learning loss bridge camp, a student who will be entering the fourth, fifth, sixth, seventh, eighth, or ninth grade in the upcoming school year and who scored below proficient in math or English language arts on the student's most recent TCAP test or state-adopted benchmark assessment; and (C) For purposes of a summer learning camp: (i) A student who will be entering kindergarten, first, second, or third grade in the upcoming school year and who attends a public school or public charter school in which fewer than fifty percent (50%) of students in grades three through five (3-5) scored proficient in math or English language arts on the most recently administered TCAP test; (ii) A student who will be entering kindergarten, first, second, or third grade in the upcoming school year and who is eligible for TANF; (iii) A child who is "at-risk," as defined by 49-6-104(a), if included at the discretion of the LEA; or (iv) A student who will be entering first, second, or third grade in the upcoming school year and who scored below proficient in math or English language arts on the student's most recent state-adopted benchmark assessment, Tennessee universal math screener, Tennessee universal reading screener, universal reading screener, or, for summer learning camps conducted in the summer immediately following the 2020-2021 school year, RTI 2 screener;
(A) For purposes of an after-school learning mini-camp: (i) A student who will be entering kindergarten, first, second, or third grade in the upcoming school year and who attends a school in which fewer than fifty percent (50%) of the students in grades three through five (3-5) scored proficient in math or English language arts on the most recently administered Tennessee comprehensive assessment program (TCAP) test; (ii) A student who will be entering kindergarten, first, second, or third grade in the upcoming school year and who is eligible for temporary assistance for needy families (TANF); (iii) A child who is "at-risk," as defined by 49-6-104(a), if included at the discretion of the LEA; or (iv) A student who will be entering first, second, or third grade in the upcoming school year and who scored below proficient in math or English language arts on the student's most recent state-adopted benchmark assessment, Tennessee universal math screener, Tennessee universal reading screener, universal reading screener, or, for after-school learning mini-camps conducted in the 2021-2022 school year, response to instruction and intervention (RTI 2 ) screener;
(i) A student who will be entering kindergarten, first, second, or third grade in the upcoming school year and who attends a school in which fewer than fifty percent (50%) of the students in grades three through five (3-5) scored proficient in math or English language arts on the most recently administered Tennessee comprehensive assessment program (TCAP) test;
(ii) A student who will be entering kindergarten, first, second, or third grade in the upcoming school year and who is eligible for temporary assistance for needy families (TANF);
(iii) A child who is "at-risk," as defined by 49-6-104(a), if included at the discretion of the LEA; or
(iv) A student who will be entering first, second, or third grade in the upcoming school year and who scored below proficient in math or English language arts on the student's most recent state-adopted benchmark assessment, Tennessee universal math screener, Tennessee universal reading screener, universal reading screener, or, for after-school learning mini-camps conducted in the 2021-2022 school year, response to instruction and intervention (RTI 2 ) screener;
(B) For purposes of a learning loss bridge camp, a student who will be entering the fourth, fifth, sixth, seventh, eighth, or ninth grade in the upcoming school year and who scored below proficient in math or English language arts on the student's most recent TCAP test or state-adopted benchmark assessment; and
(C) For purposes of a summer learning camp: (i) A student who will be entering kindergarten, first, second, or third grade in the upcoming school year and who attends a public school or public charter school in which fewer than fifty percent (50%) of students in grades three through five (3-5) scored proficient in math or English language arts on the most recently administered TCAP test; (ii) A student who will be entering kindergarten, first, second, or third grade in the upcoming school year and who is eligible for TANF; (iii) A child who is "at-risk," as defined by 49-6-104(a), if included at the discretion of the LEA; or (iv) A student who will be entering first, second, or third grade in the upcoming school year and who scored below proficient in math or English language arts on the student's most recent state-adopted benchmark assessment, Tennessee universal math screener, Tennessee universal reading screener, universal reading screener, or, for summer learning camps conducted in the summer immediately following the 2020-2021 school year, RTI 2 screener;
(i) A student who will be entering kindergarten, first, second, or third grade in the upcoming school year and who attends a public school or public charter school in which fewer than fifty percent (50%) of students in grades three through five (3-5) scored proficient in math or English language arts on the most recently administered TCAP test;
(ii) A student who will be entering kindergarten, first, second, or third grade in the upcoming school year and who is eligible for TANF;
(iii) A child who is "at-risk," as defined by 49-6-104(a), if included at the discretion of the LEA; or
(iv) A student who will be entering first, second, or third grade in the upcoming school year and who scored below proficient in math or English language arts on the student's most recent state-adopted benchmark assessment, Tennessee universal math screener, Tennessee universal reading screener, universal reading screener, or, for summer learning camps conducted in the summer immediately following the 2020-2021 school year, RTI 2 screener;
(7) "State-adopted benchmark assessment" means an assessment created under the innovative benchmark assessment pilot program established under § 49-6-1508 ;
(8) "Stipend" means: (A) The compensation provided to teachers for providing educational services to students in: (i) After-school learning mini-camps, learning loss bridge camps, or summer learning camps based on factors such as the teacher's level of overall effectiveness score or other performance data; ability to support student populations with unique needs; or license or endorsement to teach a hard-to-staff subject area; and (ii) Learning loss bridge camps or summer learning camps based on a differentiated stipend plan developed by the department that provides teachers with at least one thousand dollars ($1,000) per week in compensation, but no more than twenty-five percent (25%) above the weekly compensation rate of the highest salary step for teachers in the LEA's salary schedule; and (B) The compensation provided to tutors and staff for providing educational services to students in after-school learning mini-camps, learning loss bridge camps, and summer learning camps, as determined by the respective local board of education or governing body of a participating public charter school;
(A) The compensation provided to teachers for providing educational services to students in: (i) After-school learning mini-camps, learning loss bridge camps, or summer learning camps based on factors such as the teacher's level of overall effectiveness score or other performance data; ability to support student populations with unique needs; or license or endorsement to teach a hard-to-staff subject area; and (ii) Learning loss bridge camps or summer learning camps based on a differentiated stipend plan developed by the department that provides teachers with at least one thousand dollars ($1,000) per week in compensation, but no more than twenty-five percent (25%) above the weekly compensation rate of the highest salary step for teachers in the LEA's salary schedule; and
(i) After-school learning mini-camps, learning loss bridge camps, or summer learning camps based on factors such as the teacher's level of overall effectiveness score or other performance data; ability to support student populations with unique needs; or license or endorsement to teach a hard-to-staff subject area; and
(ii) Learning loss bridge camps or summer learning camps based on a differentiated stipend plan developed by the department that provides teachers with at least one thousand dollars ($1,000) per week in compensation, but no more than twenty-five percent (25%) above the weekly compensation rate of the highest salary step for teachers in the LEA's salary schedule; and
(B) The compensation provided to tutors and staff for providing educational services to students in after-school learning mini-camps, learning loss bridge camps, and summer learning camps, as determined by the respective local board of education or governing body of a participating public charter school;
(9) "Summer learning camp" means a six-week summer educational program, as part of the learning loss remediation and student acceleration program, that is designed to support student academic needs and remediate student learning loss. A summer learning camp must provide, at a minimum, the following: (A) Four (4) combined hours of in-person daily instruction, intervention, and supplemental supports in reading and math, provided five (5) days per week. Each LEA or participating public charter school conducting a summer learning camp shall determine the number of minutes of instruction, intervention, and supplemental supports per subject; provided, that all students must receive at least one (1) hour of instruction in reading and one (1) hour of instruction in math per day. Instruction, intervention, and supplemental supports in reading and math must be provided by a teacher licensed and endorsed to teach the subjects and grades served, using instructional materials adopted by the state board of education or provided by the department. If a teacher licensed and endorsed to teach the subjects and grades served is not available to provide the instruction, intervention, and supplemental supports, then the instruction, intervention, and supplemental supports may be provided by a candidate enrolled in an educator preparation program, or a person with a college degree who has successfully completed a learning loss and remediation and student acceleration program preparation course, using instructional materials adopted by the state board of education or provided by the department; (B) One (1) hour of RTI 2 services per day, provided in person five (5) days per week pursuant to Tennessee's response to instruction and intervention framework manual; (C) One (1) hour of physical activity per day, provided five (5) days per week; (D) Lunch and at least one (1) snack or breakfast per day, provided to each student five (5) days per week; (E) Stipends to teachers, tutors, and staff providing educational services to students in the summer learning camp; and (F) A state-adopted benchmark assessment administered to students in person as a posttest at the end of the summer learning camp each year, the results of which must be submitted to the department;
(A) Four (4) combined hours of in-person daily instruction, intervention, and supplemental supports in reading and math, provided five (5) days per week. Each LEA or participating public charter school conducting a summer learning camp shall determine the number of minutes of instruction, intervention, and supplemental supports per subject; provided, that all students must receive at least one (1) hour of instruction in reading and one (1) hour of instruction in math per day. Instruction, intervention, and supplemental supports in reading and math must be provided by a teacher licensed and endorsed to teach the subjects and grades served, using instructional materials adopted by the state board of education or provided by the department. If a teacher licensed and endorsed to teach the subjects and grades served is not available to provide the instruction, intervention, and supplemental supports, then the instruction, intervention, and supplemental supports may be provided by a candidate enrolled in an educator preparation program, or a person with a college degree who has successfully completed a learning loss and remediation and student acceleration program preparation course, using instructional materials adopted by the state board of education or provided by the department;
(B) One (1) hour of RTI 2 services per day, provided in person five (5) days per week pursuant to Tennessee's response to instruction and intervention framework manual;
(C) One (1) hour of physical activity per day, provided five (5) days per week;
(D) Lunch and at least one (1) snack or breakfast per day, provided to each student five (5) days per week;
(E) Stipends to teachers, tutors, and staff providing educational services to students in the summer learning camp; and
(F) A state-adopted benchmark assessment administered to students in person as a posttest at the end of the summer learning camp each year, the results of which must be submitted to the department;
(10) "Tennessee universal math screener" means the uniform tool that screens and monitors a student's progress toward proficiency in math that is provided to LEAs and public charter schools by the department as part of the innovative benchmark assessment pilot program;
(11) "Tennessee universal reading screener" means the universal reading screener that is provided to LEAs and public charter schools by the department as part of the innovative benchmark assessment pilot program; and
(12) "Universal reading screener" means a uniform tool that screens and monitors a student's progress towards phonemic awareness, phonics, fluency, vocabulary, and comprehension.
Amended by 2024 Tenn. Acts, ch. 639,s 3, eff. 4/4/2024.
Amended by 2024 Tenn. Acts, ch. 639,s 2, eff. 4/4/2024.
Amended by 2024 Tenn. Acts, ch. 639,s 1, eff. 4/4/2024.
Amended by 2023 Tenn. Acts, ch. 144, s 1, eff. 4/13/2023.
Added by 2021EX1 Tenn. Acts, ch. 1, s 1, eff. 2/3/2021.
Tenn. Code Ann. § 49-6-1709 — TN Code / Title 49 / Chapter 6 / Section 49-6-1709
Report on financial literacy education - Section definitions
Status: in_force

(a) Subject to applicable federal and state laws, rules, and regulations, and upon the request of the commission, each public elementary and middle school, or each LEA on behalf of the schools, shall provide information to the commission or department of education about the financial literacy education provided to public elementary and middle school students during the school year. (b) As used in this section, "public elementary and middle school" means an elementary school or middle school, as those terms are defined in § 49-6-301 , located in this state, including a public charter school that serves comparable grade levels. Added by 2023 Tenn. Acts, ch. 310, s 1, eff. 4/28/2023.
(a) Subject to applicable federal and state laws, rules, and regulations, and upon the request of the commission, each public elementary and middle school, or each LEA on behalf of the schools, shall provide information to the commission or department of education about the financial literacy education provided to public elementary and middle school students during the school year.
(b) As used in this section, "public elementary and middle school" means an elementary school or middle school, as those terms are defined in § 49-6-301 , located in this state, including a public charter school that serves comparable grade levels.
Added by 2023 Tenn. Acts, ch. 310, s 1, eff. 4/28/2023.