Tenn. Code Ann. § 49-6-809 — TN Code / Title 49 / Chapter 6 / Section 49-6-809
Policy authorizing off-duty law enforcement officers to serve as armed school security officers -Memorandum of understanding - List of qualified officers - Funding - Report
Status: in_force

(a) For purposes of this section, "law enforcement officer" means the sheriff, sheriff's deputies, or any police officer employed by the state, a municipality, county, or political subdivision of the state certified by the peace officer standards and training (POST) commission; any commissioned member of the Tennessee highway patrol; and any Tennessee county constable authorized to carry a firearm and who has been certified by the POST commission. (b) (1) To increase the protection and safety of students and school personnel, local boards of education may adopt a policy authorizing off-duty law enforcement officers to serve as armed school security officers during regular school hours when children are present on the school's premises, as well as during school-sponsored events. (2) Nothing in this section shall require a local board of education to adopt a policy permitting an off-duty law enforcement officer to serve as an armed school security officer. (c) (1) If a local board of education adopts a policy authorizing off-duty law enforcement officers to serve as armed school security officers, the LEA shall execute a written memorandum of understanding (MOU) with each law enforcement agency that employs the law enforcement officers selected by the chief law enforcement officer of the law enforcement agency to serve as armed school security officers. (2) Any MOU entered into pursuant to subdivision (c)(1) shall contain the following: (A) A provision that prescribes the types of firearms that may be carried by an armed school security officer on school premises and the manner in which the armed school security officer's firearm may be carried; provided, that the MOU shall not prohibit an off-duty law enforcement officer who is serving as an armed school security officer from carrying a loaded handgun on school premises; (B) A provision limiting the role of armed school security officers to that of maintaining safety in the school and prohibiting armed school security officers from addressing routine school discipline issues that do not constitute crimes or that do not impact the immediate health or safety of the students or staff of the school; (C) Provisions stipulating that off-duty officers serving as armed school security officers are required to follow the policies of the officer's employing law enforcement agency; (D) Procedures for communication among the LEA, armed school security officers, school resource officers, and local law enforcement agencies; (E) A description of any policies, procedures, or other requirements that the armed school security officers must follow when responding to an emergency on school grounds; (F) A statement requiring that armed school security officers comply with all state and federal laws regarding the confidentiality of personally identifiable student information; (G) Procedures for addressing complaints against armed school security officers; (H) A provision detailing how liability will be provided for any acts or omissions of the armed school security officer within the scope of the armed school security officer's duties, except for willful, malicious, or criminal acts or omissions or for acts or omissions done for personal gain; (I) A provision detailing how scheduling will be determined; and (J) The hours and wages of each armed school security officer assigned to a school in the LEA. (3) Any MOU entered into pursuant to subdivision (c)(1) may prescribe: (A) Whether an armed school security officer is required to be uniformed while on school premises; or (B) Other means for proper identification of the armed school security officer. (4) (A) If a MOU entered into pursuant to this subsection (c) would permit law enforcement officers to serve as armed school security officers at a school that is located within the jurisdictional boundaries of another law enforcement agency that is not the law enforcement officers' employing agency, then the MOU shall not take effect until approved in writing by the chief law enforcement officer of the law enforcement agency with law enforcement jurisdiction for the school. (B) Notwithstanding title 6, chapter 54, part 3, or any other law to the contrary, a law enforcement officer who is serving as an armed school security officer pursuant to this section for a school located outside of the jurisdictional boundaries of the officer's employing agency shall, while acting within the scope of the officer's employment as an armed school security officer, have the jurisdiction and authority to enforce all laws of this state and of the county or municipality in which the school at which the officer is serving as an armed school security officer is located. (d) (1) The chief law enforcement officer of each law enforcement agency in this state shall prepare and distribute a list of its law enforcement officers who the chief law enforcement officer deems qualified and who are interested in serving as armed school security officers pursuant to this section to each LEA that is located within the law enforcement agency's jurisdictional boundaries and with which a MOU has been entered into in accordance with this section. The chief law enforcement officer shall consider the federal Fair Labor Standards Act when considering an officer's qualification to serve as an armed school security officer. (2) The chief law enforcement officer of a law enforcement agency may prohibit a law enforcement officer employed by another law enforcement agency from serving as an armed school security officer at a school located within the chief law enforcement officer's jurisdiction for reasons the chief law enforcement officer deems sufficient, including, but not limited to, if the law enforcement officer has received a disciplinary action within the last five (5) years that resulted in, at a minimum, a written reprimand. The chief law enforcement officer shall notify any such officer the chief prohibits from serving as an armed school security officer by sending a written notice of the prohibition to the law enforcement officer and the law enforcement officer's employing agency. The law enforcement officer is entitled to compensation pursuant to this section for any service as an armed school security officer performed by the officer prior to receipt of the written notice by the earlier of the law enforcement officer or the law enforcement officer's employing agency. (e) If an LEA adopts a policy authorizing the use of armed school security officers, then funding for the armed school security officers may come from a law enforcement agency or from the LEA, including, but not limited to, local, state, or federal funds received by the LEA, for which purpose such funds may be lawfully expended. (f) (1) Nothing in this section shall be construed to require an LEA or a law enforcement agency of the county to assign or provide funding for an armed school security officer. (2) Nothing in § 49-3-315 shall be construed to require an LEA or a law enforcement agency of the county to assign or provide funding for an armed school security officer as defined in this section to any school system within that county on the basis of the WFTEADA, as defined by § 49-3-302 . The provision of armed school security officers by local law enforcement agencies shall be considered a law enforcement function and not a school operation or maintenance purpose that requires the apportionment of funds pursuant to § 49-3-315 . (g) The use of armed school security officers shall be supplemental to school resource officers and school safety measures adopted by an LEA and shall not supplant school resource officers or other school security measures. An LEA shall not replace a school resource officer or other school security measure with an armed school security officer. A law enforcement agency shall not terminate a MOU for the provision of school resource officers based solely upon an LEA's adoption of a policy authorizing the use of armed school security officers. (h) Following the conclusion of the 2020-2021 school year, the chief law enforcement officer of each law enforcement agency with law enforcement jurisdiction for a school that has utilized armed school security officers pursuant to this section shall submit a report to the governor, the chair of the education administration committee of the house of representatives, the chair of the education committee of the senate, and the commissioner of education on or before September 1, 2021, that details any school security deficiencies and that provides recommendations for security improvements for each such school. If the report requirement of this subsection (h) affects more than one (1) law enforcement agency within any one (1) county, then the affected chief law enforcement officers shall submit a single, consolidated report covering the schools that have utilized armed school security officers pursuant to this section. Amended by 2021 Tenn. Acts, ch. 64, s 84, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 345, s 98, eff. 5/10/2019. Added by 2018 Tenn. Acts, ch. 1008, s 3, eff. 5/21/2018.
(a) For purposes of this section, "law enforcement officer" means the sheriff, sheriff's deputies, or any police officer employed by the state, a municipality, county, or political subdivision of the state certified by the peace officer standards and training (POST) commission; any commissioned member of the Tennessee highway patrol; and any Tennessee county constable authorized to carry a firearm and who has been certified by the POST commission.
(b) (1) To increase the protection and safety of students and school personnel, local boards of education may adopt a policy authorizing off-duty law enforcement officers to serve as armed school security officers during regular school hours when children are present on the school's premises, as well as during school-sponsored events. (2) Nothing in this section shall require a local board of education to adopt a policy permitting an off-duty law enforcement officer to serve as an armed school security officer.
(1) To increase the protection and safety of students and school personnel, local boards of education may adopt a policy authorizing off-duty law enforcement officers to serve as armed school security officers during regular school hours when children are present on the school's premises, as well as during school-sponsored events.
(2) Nothing in this section shall require a local board of education to adopt a policy permitting an off-duty law enforcement officer to serve as an armed school security officer.
(c) (1) If a local board of education adopts a policy authorizing off-duty law enforcement officers to serve as armed school security officers, the LEA shall execute a written memorandum of understanding (MOU) with each law enforcement agency that employs the law enforcement officers selected by the chief law enforcement officer of the law enforcement agency to serve as armed school security officers. (2) Any MOU entered into pursuant to subdivision (c)(1) shall contain the following: (A) A provision that prescribes the types of firearms that may be carried by an armed school security officer on school premises and the manner in which the armed school security officer's firearm may be carried; provided, that the MOU shall not prohibit an off-duty law enforcement officer who is serving as an armed school security officer from carrying a loaded handgun on school premises; (B) A provision limiting the role of armed school security officers to that of maintaining safety in the school and prohibiting armed school security officers from addressing routine school discipline issues that do not constitute crimes or that do not impact the immediate health or safety of the students or staff of the school; (C) Provisions stipulating that off-duty officers serving as armed school security officers are required to follow the policies of the officer's employing law enforcement agency; (D) Procedures for communication among the LEA, armed school security officers, school resource officers, and local law enforcement agencies; (E) A description of any policies, procedures, or other requirements that the armed school security officers must follow when responding to an emergency on school grounds; (F) A statement requiring that armed school security officers comply with all state and federal laws regarding the confidentiality of personally identifiable student information; (G) Procedures for addressing complaints against armed school security officers; (H) A provision detailing how liability will be provided for any acts or omissions of the armed school security officer within the scope of the armed school security officer's duties, except for willful, malicious, or criminal acts or omissions or for acts or omissions done for personal gain; (I) A provision detailing how scheduling will be determined; and (J) The hours and wages of each armed school security officer assigned to a school in the LEA. (3) Any MOU entered into pursuant to subdivision (c)(1) may prescribe: (A) Whether an armed school security officer is required to be uniformed while on school premises; or (B) Other means for proper identification of the armed school security officer. (4) (A) If a MOU entered into pursuant to this subsection (c) would permit law enforcement officers to serve as armed school security officers at a school that is located within the jurisdictional boundaries of another law enforcement agency that is not the law enforcement officers' employing agency, then the MOU shall not take effect until approved in writing by the chief law enforcement officer of the law enforcement agency with law enforcement jurisdiction for the school. (B) Notwithstanding title 6, chapter 54, part 3, or any other law to the contrary, a law enforcement officer who is serving as an armed school security officer pursuant to this section for a school located outside of the jurisdictional boundaries of the officer's employing agency shall, while acting within the scope of the officer's employment as an armed school security officer, have the jurisdiction and authority to enforce all laws of this state and of the county or municipality in which the school at which the officer is serving as an armed school security officer is located.
(1) If a local board of education adopts a policy authorizing off-duty law enforcement officers to serve as armed school security officers, the LEA shall execute a written memorandum of understanding (MOU) with each law enforcement agency that employs the law enforcement officers selected by the chief law enforcement officer of the law enforcement agency to serve as armed school security officers.
(2) Any MOU entered into pursuant to subdivision (c)(1) shall contain the following: (A) A provision that prescribes the types of firearms that may be carried by an armed school security officer on school premises and the manner in which the armed school security officer's firearm may be carried; provided, that the MOU shall not prohibit an off-duty law enforcement officer who is serving as an armed school security officer from carrying a loaded handgun on school premises; (B) A provision limiting the role of armed school security officers to that of maintaining safety in the school and prohibiting armed school security officers from addressing routine school discipline issues that do not constitute crimes or that do not impact the immediate health or safety of the students or staff of the school; (C) Provisions stipulating that off-duty officers serving as armed school security officers are required to follow the policies of the officer's employing law enforcement agency; (D) Procedures for communication among the LEA, armed school security officers, school resource officers, and local law enforcement agencies; (E) A description of any policies, procedures, or other requirements that the armed school security officers must follow when responding to an emergency on school grounds; (F) A statement requiring that armed school security officers comply with all state and federal laws regarding the confidentiality of personally identifiable student information; (G) Procedures for addressing complaints against armed school security officers; (H) A provision detailing how liability will be provided for any acts or omissions of the armed school security officer within the scope of the armed school security officer's duties, except for willful, malicious, or criminal acts or omissions or for acts or omissions done for personal gain; (I) A provision detailing how scheduling will be determined; and (J) The hours and wages of each armed school security officer assigned to a school in the LEA.
(A) A provision that prescribes the types of firearms that may be carried by an armed school security officer on school premises and the manner in which the armed school security officer's firearm may be carried; provided, that the MOU shall not prohibit an off-duty law enforcement officer who is serving as an armed school security officer from carrying a loaded handgun on school premises;
(B) A provision limiting the role of armed school security officers to that of maintaining safety in the school and prohibiting armed school security officers from addressing routine school discipline issues that do not constitute crimes or that do not impact the immediate health or safety of the students or staff of the school;
(C) Provisions stipulating that off-duty officers serving as armed school security officers are required to follow the policies of the officer's employing law enforcement agency;
(D) Procedures for communication among the LEA, armed school security officers, school resource officers, and local law enforcement agencies;
(E) A description of any policies, procedures, or other requirements that the armed school security officers must follow when responding to an emergency on school grounds;
(F) A statement requiring that armed school security officers comply with all state and federal laws regarding the confidentiality of personally identifiable student information;
(G) Procedures for addressing complaints against armed school security officers;
(H) A provision detailing how liability will be provided for any acts or omissions of the armed school security officer within the scope of the armed school security officer's duties, except for willful, malicious, or criminal acts or omissions or for acts or omissions done for personal gain;
(I) A provision detailing how scheduling will be determined; and
(J) The hours and wages of each armed school security officer assigned to a school in the LEA.
(3) Any MOU entered into pursuant to subdivision (c)(1) may prescribe: (A) Whether an armed school security officer is required to be uniformed while on school premises; or (B) Other means for proper identification of the armed school security officer.
(A) Whether an armed school security officer is required to be uniformed while on school premises; or
(B) Other means for proper identification of the armed school security officer.
(4) (A) If a MOU entered into pursuant to this subsection (c) would permit law enforcement officers to serve as armed school security officers at a school that is located within the jurisdictional boundaries of another law enforcement agency that is not the law enforcement officers' employing agency, then the MOU shall not take effect until approved in writing by the chief law enforcement officer of the law enforcement agency with law enforcement jurisdiction for the school. (B) Notwithstanding title 6, chapter 54, part 3, or any other law to the contrary, a law enforcement officer who is serving as an armed school security officer pursuant to this section for a school located outside of the jurisdictional boundaries of the officer's employing agency shall, while acting within the scope of the officer's employment as an armed school security officer, have the jurisdiction and authority to enforce all laws of this state and of the county or municipality in which the school at which the officer is serving as an armed school security officer is located.
(A) If a MOU entered into pursuant to this subsection (c) would permit law enforcement officers to serve as armed school security officers at a school that is located within the jurisdictional boundaries of another law enforcement agency that is not the law enforcement officers' employing agency, then the MOU shall not take effect until approved in writing by the chief law enforcement officer of the law enforcement agency with law enforcement jurisdiction for the school.
(B) Notwithstanding title 6, chapter 54, part 3, or any other law to the contrary, a law enforcement officer who is serving as an armed school security officer pursuant to this section for a school located outside of the jurisdictional boundaries of the officer's employing agency shall, while acting within the scope of the officer's employment as an armed school security officer, have the jurisdiction and authority to enforce all laws of this state and of the county or municipality in which the school at which the officer is serving as an armed school security officer is located.
(d) (1) The chief law enforcement officer of each law enforcement agency in this state shall prepare and distribute a list of its law enforcement officers who the chief law enforcement officer deems qualified and who are interested in serving as armed school security officers pursuant to this section to each LEA that is located within the law enforcement agency's jurisdictional boundaries and with which a MOU has been entered into in accordance with this section. The chief law enforcement officer shall consider the federal Fair Labor Standards Act when considering an officer's qualification to serve as an armed school security officer. (2) The chief law enforcement officer of a law enforcement agency may prohibit a law enforcement officer employed by another law enforcement agency from serving as an armed school security officer at a school located within the chief law enforcement officer's jurisdiction for reasons the chief law enforcement officer deems sufficient, including, but not limited to, if the law enforcement officer has received a disciplinary action within the last five (5) years that resulted in, at a minimum, a written reprimand. The chief law enforcement officer shall notify any such officer the chief prohibits from serving as an armed school security officer by sending a written notice of the prohibition to the law enforcement officer and the law enforcement officer's employing agency. The law enforcement officer is entitled to compensation pursuant to this section for any service as an armed school security officer performed by the officer prior to receipt of the written notice by the earlier of the law enforcement officer or the law enforcement officer's employing agency.
(1) The chief law enforcement officer of each law enforcement agency in this state shall prepare and distribute a list of its law enforcement officers who the chief law enforcement officer deems qualified and who are interested in serving as armed school security officers pursuant to this section to each LEA that is located within the law enforcement agency's jurisdictional boundaries and with which a MOU has been entered into in accordance with this section. The chief law enforcement officer shall consider the federal Fair Labor Standards Act when considering an officer's qualification to serve as an armed school security officer.
(2) The chief law enforcement officer of a law enforcement agency may prohibit a law enforcement officer employed by another law enforcement agency from serving as an armed school security officer at a school located within the chief law enforcement officer's jurisdiction for reasons the chief law enforcement officer deems sufficient, including, but not limited to, if the law enforcement officer has received a disciplinary action within the last five (5) years that resulted in, at a minimum, a written reprimand. The chief law enforcement officer shall notify any such officer the chief prohibits from serving as an armed school security officer by sending a written notice of the prohibition to the law enforcement officer and the law enforcement officer's employing agency. The law enforcement officer is entitled to compensation pursuant to this section for any service as an armed school security officer performed by the officer prior to receipt of the written notice by the earlier of the law enforcement officer or the law enforcement officer's employing agency.
(e) If an LEA adopts a policy authorizing the use of armed school security officers, then funding for the armed school security officers may come from a law enforcement agency or from the LEA, including, but not limited to, local, state, or federal funds received by the LEA, for which purpose such funds may be lawfully expended.
(f) (1) Nothing in this section shall be construed to require an LEA or a law enforcement agency of the county to assign or provide funding for an armed school security officer. (2) Nothing in § 49-3-315 shall be construed to require an LEA or a law enforcement agency of the county to assign or provide funding for an armed school security officer as defined in this section to any school system within that county on the basis of the WFTEADA, as defined by § 49-3-302 . The provision of armed school security officers by local law enforcement agencies shall be considered a law enforcement function and not a school operation or maintenance purpose that requires the apportionment of funds pursuant to § 49-3-315 .
(1) Nothing in this section shall be construed to require an LEA or a law enforcement agency of the county to assign or provide funding for an armed school security officer.
(2) Nothing in § 49-3-315 shall be construed to require an LEA or a law enforcement agency of the county to assign or provide funding for an armed school security officer as defined in this section to any school system within that county on the basis of the WFTEADA, as defined by § 49-3-302 . The provision of armed school security officers by local law enforcement agencies shall be considered a law enforcement function and not a school operation or maintenance purpose that requires the apportionment of funds pursuant to § 49-3-315 .
(g) The use of armed school security officers shall be supplemental to school resource officers and school safety measures adopted by an LEA and shall not supplant school resource officers or other school security measures. An LEA shall not replace a school resource officer or other school security measure with an armed school security officer. A law enforcement agency shall not terminate a MOU for the provision of school resource officers based solely upon an LEA's adoption of a policy authorizing the use of armed school security officers.
(h) Following the conclusion of the 2020-2021 school year, the chief law enforcement officer of each law enforcement agency with law enforcement jurisdiction for a school that has utilized armed school security officers pursuant to this section shall submit a report to the governor, the chair of the education administration committee of the house of representatives, the chair of the education committee of the senate, and the commissioner of education on or before September 1, 2021, that details any school security deficiencies and that provides recommendations for security improvements for each such school. If the report requirement of this subsection (h) affects more than one (1) law enforcement agency within any one (1) county, then the affected chief law enforcement officers shall submit a single, consolidated report covering the schools that have utilized armed school security officers pursuant to this section.
Amended by 2021 Tenn. Acts, ch. 64, s 84, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 98, eff. 5/10/2019.
Added by 2018 Tenn. Acts, ch. 1008, s 3, eff. 5/21/2018.
Tenn. Code Ann. § 49-7-166 — TN Code / Title 49 / Chapter 7 / Section 49-7-166
Satisfaction of student debts and obligations required
Status: in_force

(a) As used in this section, "college system of Tennessee" means the community colleges and colleges of applied technology governed by the board of regents. (b) As used in this section, "state universities" means: (1) The University of Tennessee and all its several branches; (2) The University of Memphis; (3) Tennessee State University; (4) Austin Peay State University; (5) Middle Tennessee State University; (6) Tennessee Technological University; and (7) East Tennessee State University. (c) The state universities and the college system of Tennessee are authorized to issue diplomas, certificates of credit, or official transcripts only after the student involved has satisfied all debts or obligations owed to the college or university, including, but not limited to, its bookstores, libraries, food service centers, dormitories, infirmaries, or hospitals. The limitation of this subsection (c) shall not apply to debts of less than one hundred dollars ($100). (d) The limitation in subsection (c) does not apply to debts or obligations evidenced by notes or other written contracts providing for future payment, such as, but not limited to, loans authorized under federal or state education or student assistance acts. (e) Notwithstanding the limitation in subsection (c), the colleges in the college system of Tennessee shall issue a certificate of credit or official transcript for a student seeking admission to any college in that system if the student has entered a written agreement to satisfy the outstanding debt or obligation owed to the college issuing the certificate of credit or official transcript. Any certificate of credit or official transcript issued under this subsection (e) shall indicate that it is subject to an outstanding debt owed to the issuing college. The college receiving a certificate of credit or official transcript issued under this subsection (e) shall not subsequently issue a diploma, certificate of credit, or official transcript to that student until it receives proof that the student has satisfied the outstanding debt to the college that issued the certificate of credit or official transcript. Acts 2018, ch. 739, § 2.
(a) As used in this section, "college system of Tennessee" means the community colleges and colleges of applied technology governed by the board of regents.
(b) As used in this section, "state universities" means: (1) The University of Tennessee and all its several branches; (2) The University of Memphis; (3) Tennessee State University; (4) Austin Peay State University; (5) Middle Tennessee State University; (6) Tennessee Technological University; and (7) East Tennessee State University.
(1) The University of Tennessee and all its several branches;
(2) The University of Memphis;
(3) Tennessee State University;
(4) Austin Peay State University;
(5) Middle Tennessee State University;
(6) Tennessee Technological University; and
(7) East Tennessee State University.
(c) The state universities and the college system of Tennessee are authorized to issue diplomas, certificates of credit, or official transcripts only after the student involved has satisfied all debts or obligations owed to the college or university, including, but not limited to, its bookstores, libraries, food service centers, dormitories, infirmaries, or hospitals. The limitation of this subsection (c) shall not apply to debts of less than one hundred dollars ($100).
(d) The limitation in subsection (c) does not apply to debts or obligations evidenced by notes or other written contracts providing for future payment, such as, but not limited to, loans authorized under federal or state education or student assistance acts.
(e) Notwithstanding the limitation in subsection (c), the colleges in the college system of Tennessee shall issue a certificate of credit or official transcript for a student seeking admission to any college in that system if the student has entered a written agreement to satisfy the outstanding debt or obligation owed to the college issuing the certificate of credit or official transcript. Any certificate of credit or official transcript issued under this subsection (e) shall indicate that it is subject to an outstanding debt owed to the issuing college. The college receiving a certificate of credit or official transcript issued under this subsection (e) shall not subsequently issue a diploma, certificate of credit, or official transcript to that student until it receives proof that the student has satisfied the outstanding debt to the college that issued the certificate of credit or official transcript.
Acts 2018, ch. 739, § 2.
Tenn. Code Ann. § 49-2-603 — TN Code / Title 49 / Chapter 2 / Section 49-2-603
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Donation" means any gift or contribution of money, materials, property or securities from any nongovernmental source received by a school official or employee for the benefit of a school district, school, school club, or academic, arts, athletic or social activity related to a school; (2) "Internal school funds" mean any and all money received and accounted for at individual schools, and specifically include, but are not limited to: (A) Any donation or grant made to the school, a school club, or any academic, arts, athletic or social activity related to a school; (B) Funds for cafeteria services operated at the school; (C) Fees collected by the school; (D) Funds transferred to the local school from the school board that are to be accounted for at the local school level; (E) Funds raised through cooperative agreements with outside organizations; (F) Rental fees charged outside entities for use of school facilities; and (G) Student activity funds; (3) (A) "School representative" means: (i) When a school support organization's primary purpose is to support a school system or an individual school: (a) A school board member; (b) The director of schools; (c) A principal; and (d) Any individual who is primarily responsible for accounting for school system funds or the funds of an individual school; and (ii) When a school support organization's primary purpose is to support a local school club or academic, arts, athletic, or social activity related to a school: (a) A school board member; (b) The director of schools; (c) A principal; (d) Any individual who is primarily responsible for accounting for school system funds or the funds of an individual school; and (e) Any individual who works for the school system and who as part of the individual's employment by the school system is charged with directing or assisting in directing the related school club or activity; (B) "School representative" shall specifically include, but shall not be limited to, coaches, assistant coaches, band directors, or any other school sponsor of a related club or activity; (4) (A) "School support organization" means a booster club, foundation, parent teacher association, parent teacher organization, parent teacher support association, or any other nongovernmental organization or group of persons whose primary purpose is to support a school district, school, school club, or academic, arts, athletic or social activities related to a school, that collects or receives money, materials, property or securities from students, parents or members of the general public; (B) For the purposes of this part, a group of persons who merely request that students, parents, or members of the general public make donations to a school district, school, school club, or academic, arts, athletic or social activity related to a school or assist in the raising of funds for a specified purpose under the sponsorship of a school employee where the funds are turned over to the school to be used for the specific purpose for which the funds were raised, shall not be considered a school support organization; (5) "School support organization funds" include all money, materials, property or securities raised by a school support organization or any organization that represents itself to students, parents or members of the general public to be a school support organization; and (6) "Student activity funds" include all money received from any source for school-sponsored student activities or school-sponsored events held at or in connection with a school, and specifically include, but are not limited to, any money: (A) Derived from a school-sponsored academic, art, athletic or social event involving students; (B) Raised by school-sponsored clubs involving students; (C) Raised by school-sponsored fundraisers involving students who are under the supervision of a school employee; (D) Received from a commission for the direct sale of items to students pursuant to a cooperative agreement between the school and an outside organization; (E) Received for the direct sale of items to students from a school-run bookstore located on school grounds; (F) Raised from fees charged students; (G) Obtained from interest from any account that contains student activity funds; or (H) (i) Obtained from any related school-sponsored activity that involves the use of school personnel, students, and property during the school day; (ii) For the purpose of subdivision (6)(H)(i), "school day" means the regular hours of operation of the school during which classes are conducted. Acts 2007, ch. 326, § 4; 2008, ch. 1156, §§ 1 - 3.
As used in this part, unless the context otherwise requires:
(1) "Donation" means any gift or contribution of money, materials, property or securities from any nongovernmental source received by a school official or employee for the benefit of a school district, school, school club, or academic, arts, athletic or social activity related to a school;
(2) "Internal school funds" mean any and all money received and accounted for at individual schools, and specifically include, but are not limited to: (A) Any donation or grant made to the school, a school club, or any academic, arts, athletic or social activity related to a school; (B) Funds for cafeteria services operated at the school; (C) Fees collected by the school; (D) Funds transferred to the local school from the school board that are to be accounted for at the local school level; (E) Funds raised through cooperative agreements with outside organizations; (F) Rental fees charged outside entities for use of school facilities; and (G) Student activity funds;
(A) Any donation or grant made to the school, a school club, or any academic, arts, athletic or social activity related to a school;
(B) Funds for cafeteria services operated at the school;
(C) Fees collected by the school;
(D) Funds transferred to the local school from the school board that are to be accounted for at the local school level;
(E) Funds raised through cooperative agreements with outside organizations;
(F) Rental fees charged outside entities for use of school facilities; and
(G) Student activity funds;
(3) (A) "School representative" means: (i) When a school support organization's primary purpose is to support a school system or an individual school: (a) A school board member; (b) The director of schools; (c) A principal; and (d) Any individual who is primarily responsible for accounting for school system funds or the funds of an individual school; and (ii) When a school support organization's primary purpose is to support a local school club or academic, arts, athletic, or social activity related to a school: (a) A school board member; (b) The director of schools; (c) A principal; (d) Any individual who is primarily responsible for accounting for school system funds or the funds of an individual school; and (e) Any individual who works for the school system and who as part of the individual's employment by the school system is charged with directing or assisting in directing the related school club or activity; (B) "School representative" shall specifically include, but shall not be limited to, coaches, assistant coaches, band directors, or any other school sponsor of a related club or activity;
(A) "School representative" means: (i) When a school support organization's primary purpose is to support a school system or an individual school: (a) A school board member; (b) The director of schools; (c) A principal; and (d) Any individual who is primarily responsible for accounting for school system funds or the funds of an individual school; and (ii) When a school support organization's primary purpose is to support a local school club or academic, arts, athletic, or social activity related to a school: (a) A school board member; (b) The director of schools; (c) A principal; (d) Any individual who is primarily responsible for accounting for school system funds or the funds of an individual school; and (e) Any individual who works for the school system and who as part of the individual's employment by the school system is charged with directing or assisting in directing the related school club or activity;
(i) When a school support organization's primary purpose is to support a school system or an individual school: (a) A school board member; (b) The director of schools; (c) A principal; and (d) Any individual who is primarily responsible for accounting for school system funds or the funds of an individual school; and
(a) A school board member;
(b) The director of schools;
(c) A principal; and
(d) Any individual who is primarily responsible for accounting for school system funds or the funds of an individual school; and
(ii) When a school support organization's primary purpose is to support a local school club or academic, arts, athletic, or social activity related to a school: (a) A school board member; (b) The director of schools; (c) A principal; (d) Any individual who is primarily responsible for accounting for school system funds or the funds of an individual school; and (e) Any individual who works for the school system and who as part of the individual's employment by the school system is charged with directing or assisting in directing the related school club or activity;
(a) A school board member;
(b) The director of schools;
(c) A principal;
(d) Any individual who is primarily responsible for accounting for school system funds or the funds of an individual school; and
(e) Any individual who works for the school system and who as part of the individual's employment by the school system is charged with directing or assisting in directing the related school club or activity;
(B) "School representative" shall specifically include, but shall not be limited to, coaches, assistant coaches, band directors, or any other school sponsor of a related club or activity;
(4) (A) "School support organization" means a booster club, foundation, parent teacher association, parent teacher organization, parent teacher support association, or any other nongovernmental organization or group of persons whose primary purpose is to support a school district, school, school club, or academic, arts, athletic or social activities related to a school, that collects or receives money, materials, property or securities from students, parents or members of the general public; (B) For the purposes of this part, a group of persons who merely request that students, parents, or members of the general public make donations to a school district, school, school club, or academic, arts, athletic or social activity related to a school or assist in the raising of funds for a specified purpose under the sponsorship of a school employee where the funds are turned over to the school to be used for the specific purpose for which the funds were raised, shall not be considered a school support organization;
(A) "School support organization" means a booster club, foundation, parent teacher association, parent teacher organization, parent teacher support association, or any other nongovernmental organization or group of persons whose primary purpose is to support a school district, school, school club, or academic, arts, athletic or social activities related to a school, that collects or receives money, materials, property or securities from students, parents or members of the general public;
(B) For the purposes of this part, a group of persons who merely request that students, parents, or members of the general public make donations to a school district, school, school club, or academic, arts, athletic or social activity related to a school or assist in the raising of funds for a specified purpose under the sponsorship of a school employee where the funds are turned over to the school to be used for the specific purpose for which the funds were raised, shall not be considered a school support organization;
(5) "School support organization funds" include all money, materials, property or securities raised by a school support organization or any organization that represents itself to students, parents or members of the general public to be a school support organization; and
(6) "Student activity funds" include all money received from any source for school-sponsored student activities or school-sponsored events held at or in connection with a school, and specifically include, but are not limited to, any money: (A) Derived from a school-sponsored academic, art, athletic or social event involving students; (B) Raised by school-sponsored clubs involving students; (C) Raised by school-sponsored fundraisers involving students who are under the supervision of a school employee; (D) Received from a commission for the direct sale of items to students pursuant to a cooperative agreement between the school and an outside organization; (E) Received for the direct sale of items to students from a school-run bookstore located on school grounds; (F) Raised from fees charged students; (G) Obtained from interest from any account that contains student activity funds; or (H) (i) Obtained from any related school-sponsored activity that involves the use of school personnel, students, and property during the school day; (ii) For the purpose of subdivision (6)(H)(i), "school day" means the regular hours of operation of the school during which classes are conducted.
(A) Derived from a school-sponsored academic, art, athletic or social event involving students;
(B) Raised by school-sponsored clubs involving students;
(C) Raised by school-sponsored fundraisers involving students who are under the supervision of a school employee;
(D) Received from a commission for the direct sale of items to students pursuant to a cooperative agreement between the school and an outside organization;
(E) Received for the direct sale of items to students from a school-run bookstore located on school grounds;
(F) Raised from fees charged students;
(G) Obtained from interest from any account that contains student activity funds; or
(H) (i) Obtained from any related school-sponsored activity that involves the use of school personnel, students, and property during the school day; (ii) For the purpose of subdivision (6)(H)(i), "school day" means the regular hours of operation of the school during which classes are conducted.
(i) Obtained from any related school-sponsored activity that involves the use of school personnel, students, and property during the school day;
(ii) For the purpose of subdivision (6)(H)(i), "school day" means the regular hours of operation of the school during which classes are conducted.
Acts 2007, ch. 326, § 4; 2008, ch. 1156, §§ 1 - 3.
Tenn. Code Ann. § 49-11-202 — TN Code / Title 49 / Chapter 11 / Section 49-11-202
Duties
Status: in_force

The Tennessee council for career and technical education shall: (1) Meet with the department of education or its representatives during the planning year to advise on the development of the state plan; (2) Advise the department of education and make reports to the governor, the business community and general public of the state concerning: (A) Policies the state should pursue to strengthen career and technical education, with particular attention to programs for students with disabilities; and (B) Initiatives and methods the private sector could undertake to assist in the modernization of career and technical education programs; (3) Analyze and report on the distribution of spending for career and technical education in the state and on the availability of career and technical education activities and services within the state; (4) Furnish consultation to the department of education on the establishment of evaluation criteria for career and technical education programs within the state; (5) Submit recommendations to the department of education on the conduct of career and technical education programs conducted in the state that emphasize the use of business concerns and labor organizations; (6) Assess the distribution of financial assistance between secondary career and technical education programs and postsecondary career and technical education programs; (7) Recommend procedures to the department of education to ensure and enhance the participation of the public in the provision of career and technical education at the local level within the state, particularly the participation of local employers and local labor organizations; (8) Report to the department of education on the extent to which all persons are provided with equal access to quality career and technical education programs, including, but not limited to: (A) Individuals with disabilities; (B) Disadvantaged individuals; (C) Adults who are in need of training and retraining; (D) Individuals who are single parents or homemakers; (E) Individuals who participate in programs designed to eliminate sex bias and stereotyping in career and technical education; and (F) Criminal offenders who are serving in a correctional institution; (9) Evaluate career and technical education program delivery systems at least once every two (2) years; (10) Make recommendations to the department of education on the adequacy and effectiveness of the coordination that takes place between career and technical education and other training programs; and (11) Advise the governor, the general assembly, the Tennessee board of regents, and the department of education of these findings and recommendations. Amended by 2019 Tenn. Acts, ch. 204,Secs.s14, s15 eff. 4/25/2019. Acts 1980, ch. 791, § 2; T.C.A., § 49-27-202; Acts 1985, ch. 129, § 2; 2006, ch. 1016, § 4.
The Tennessee council for career and technical education shall:
(1) Meet with the department of education or its representatives during the planning year to advise on the development of the state plan;
(2) Advise the department of education and make reports to the governor, the business community and general public of the state concerning: (A) Policies the state should pursue to strengthen career and technical education, with particular attention to programs for students with disabilities; and (B) Initiatives and methods the private sector could undertake to assist in the modernization of career and technical education programs;
(A) Policies the state should pursue to strengthen career and technical education, with particular attention to programs for students with disabilities; and
(B) Initiatives and methods the private sector could undertake to assist in the modernization of career and technical education programs;
(3) Analyze and report on the distribution of spending for career and technical education in the state and on the availability of career and technical education activities and services within the state;
(4) Furnish consultation to the department of education on the establishment of evaluation criteria for career and technical education programs within the state;
(5) Submit recommendations to the department of education on the conduct of career and technical education programs conducted in the state that emphasize the use of business concerns and labor organizations;
(6) Assess the distribution of financial assistance between secondary career and technical education programs and postsecondary career and technical education programs;
(7) Recommend procedures to the department of education to ensure and enhance the participation of the public in the provision of career and technical education at the local level within the state, particularly the participation of local employers and local labor organizations;
(8) Report to the department of education on the extent to which all persons are provided with equal access to quality career and technical education programs, including, but not limited to: (A) Individuals with disabilities; (B) Disadvantaged individuals; (C) Adults who are in need of training and retraining; (D) Individuals who are single parents or homemakers; (E) Individuals who participate in programs designed to eliminate sex bias and stereotyping in career and technical education; and (F) Criminal offenders who are serving in a correctional institution;
(A) Individuals with disabilities;
(B) Disadvantaged individuals;
(C) Adults who are in need of training and retraining;
(D) Individuals who are single parents or homemakers;
(E) Individuals who participate in programs designed to eliminate sex bias and stereotyping in career and technical education; and
(F) Criminal offenders who are serving in a correctional institution;
(9) Evaluate career and technical education program delivery systems at least once every two (2) years;
(10) Make recommendations to the department of education on the adequacy and effectiveness of the coordination that takes place between career and technical education and other training programs; and
(11) Advise the governor, the general assembly, the Tennessee board of regents, and the department of education of these findings and recommendations.
Amended by 2019 Tenn. Acts, ch. 204,Secs.s14, s15 eff. 4/25/2019.
Acts 1980, ch. 791, § 2; T.C.A., § 49-27-202; Acts 1985, ch. 129, § 2; 2006, ch. 1016, § 4.
Tenn. Code Ann. § 49-6-2407 — TN Code / Title 49 / Chapter 6 / Section 49-6-2407
Community of schools - Formation of community consortiums - Services for persons of all ages - Rights, privileges, and obligations
Status: in_force

(a) Although §§ 49-6-2401 - 49-6-2406 support the formation of a community school, schools in some neighborhoods may need to join together to form, with the help of community partners, a community of schools, instead of a community school. The state board of education and the department shall support and encourage LEAs in the creation of communities of schools that can provide a continuum of services for students and their parents from pre-kindergarten to grade twelve (pre-K-12) and even through postsecondary education. (b) LEAs and schools are authorized and encouraged to form community consortiums with a variety of community partners to establish communities of schools with an integrated focus on academics, health and social services, youth and community development, and community engagement that will lead to improved student learning, stronger families, and healthier communities. (c) The community of schools, formed pursuant to subsection (b), shall strive, as do community schools, to become centers of their communities providing programs and services for persons of all ages. They shall be open to everyone throughout each day, including in the evenings, on weekends, and in the summer. (d) If a community of schools is not able to locate services for all ages in one (1) of the public schools of the neighborhood, the community of schools is encouraged to locate activities, particularly those that occur outside of regular school hours in a central facility, if one is available, that provides easy access to all of the partnering schools, their students, and parents. (e) A community of schools shall have all the rights, privileges, and obligations accorded a community school under §§ 49-6-2401 - 49-6-2406. The department may seek funds for creation of communities of schools as it does for community schools. Added by 2016 Tenn. Acts, ch. 770, s 1, eff. 4/19/2016.
(a) Although §§ 49-6-2401 - 49-6-2406 support the formation of a community school, schools in some neighborhoods may need to join together to form, with the help of community partners, a community of schools, instead of a community school. The state board of education and the department shall support and encourage LEAs in the creation of communities of schools that can provide a continuum of services for students and their parents from pre-kindergarten to grade twelve (pre-K-12) and even through postsecondary education.
(b) LEAs and schools are authorized and encouraged to form community consortiums with a variety of community partners to establish communities of schools with an integrated focus on academics, health and social services, youth and community development, and community engagement that will lead to improved student learning, stronger families, and healthier communities.
(c) The community of schools, formed pursuant to subsection (b), shall strive, as do community schools, to become centers of their communities providing programs and services for persons of all ages. They shall be open to everyone throughout each day, including in the evenings, on weekends, and in the summer.
(d) If a community of schools is not able to locate services for all ages in one (1) of the public schools of the neighborhood, the community of schools is encouraged to locate activities, particularly those that occur outside of regular school hours in a central facility, if one is available, that provides easy access to all of the partnering schools, their students, and parents.
(e) A community of schools shall have all the rights, privileges, and obligations accorded a community school under §§ 49-6-2401 - 49-6-2406. The department may seek funds for creation of communities of schools as it does for community schools.
Added by 2016 Tenn. Acts, ch. 770, s 1, eff. 4/19/2016.
Tenn. Code Ann. § 49-7-126 — TN Code / Title 49 / Chapter 7 / Section 49-7-126
Campus residential houses - Fraternities and sororities
Status: in_force

If an institution of higher education in this state permits a fraternity to locate and maintain a residential house on the campus of the institution, then the institution shall not prohibit a sorority from locating and maintaining a residential house on the campus of the institution. Any rules applying to a sorority house shall be no less stringent than those applying to a fraternity house. Acts 2003, ch. 122, § 1.
If an institution of higher education in this state permits a fraternity to locate and maintain a residential house on the campus of the institution, then the institution shall not prohibit a sorority from locating and maintaining a residential house on the campus of the institution. Any rules applying to a sorority house shall be no less stringent than those applying to a fraternity house.
Acts 2003, ch. 122, § 1.
Tenn. Code Ann. § 49-2-1002 — TN Code / Title 49 / Chapter 2 / Section 49-2-1002
Transfer of municipal or special district schools to county
Status: in_force

(a) (1) The city council, board of mayor and aldermen or other duly constituted governing body of any town or city in this state maintaining a separate school system is authorized and empowered to transfer the administration of the town or city school system to the county board of education of the county in which the town or city is located. Before the transfer is effectuated, however, a referendum shall first be conducted on the subject, and the school system of the town or city shall not be transferred to the county unless a majority of the voters who cast votes in the referendum vote in favor of the transfer. (2) The referendum required by subdivision (a)(1) shall be held by the county election commission when requested by the governing body of the town or city, and the expenses of the election shall be paid by the town or city. (b) A town, city or special school district transferring the administration of schools to the county board of education by authority of § 49-2-502 and this section is authorized to devote the school funds of the town, city or special school district to the payment of the proportionate part of the cost of the maintenance and operation of the schools. (c) The county board of education shall perform the same duties with respect to the schools of the town, city or special school district as they are required by law to perform with respect to county schools. (d) The county board of education shall operate the schools of any town, city, or special school district transferred to them by authority of § 49-2-502 and this section as a coordinated part of the county school system, to the end that a unified and balanced school system may be maintained in the county. All school funds belonging to the town, city or special school district, including state funds allocated to the town, city or special school district, shall be expended entirely for the benefit of the schools of the town, city or special school district. Where there is any school indebtedness owed by the town, city or special school district at the time the transfer of administration is effectuated, the indebtedness shall remain the obligation of the town, city or special school district, and existing arrangements for the retirement of the indebtedness shall be continued until the indebtedness is retired and paid in full, unless the county legislative body, by resolution adopted by a majority of the members, agrees to assume the school indebtedness owed by the town, city or special school district. (e) (1) Towns and cities transferring the administration of schools to the county board of education pursuant to this section are authorized and empowered to take such action as necessary and to make such payments as required to provide credit for service, for any or all school employees of the transferring town or city who elect to receive the credit, in any pension or retirement plan or plans in which the employees are entitled to participate after the transfer, for the period of service that was credited to the employees under the pension or retirement plan of the transferring town or city. (2) Any such school employee transferring to a new plan pursuant to the terms of subdivision (e)(1) shall not, as a result of this subsection (e), be entitled to receive a benefit from both the pension or retirement plan of the transferring town or city and any successor pension or retirement plan based upon the same credited service. (3) The towns and cities are further authorized to issue bonds or notes for the purpose of obtaining funds to make any such payments and to pay costs of effecting such payment and of issuance of such bonds or notes in accordance with title 9, chapter 21. (4) The pension board or other agency administering the pension or retirement plan of any such town or city, upon direction of the town or city by resolution of the governing body of the town or city, is authorized to transfer employee contributions of any or all of the transferring employees, together with earnings on the employee contributions, directly to the plan or plans in which the employees are entitled to participate after the transfer. (5) A transfer is authorized by this subsection (e) only if the pension or retirement plan of the town or city expressly provides for the return or refund of employee contributions and earnings on the employee contributions to employees or the transfer of such amounts to a successor plan upon an employee's termination of employment. Acts 1947, ch. 145, §§ 1, 3-5; 1949, ch. 40, §§ 1, 2; C. Supp. 1950, §§ 2397.3-2397.6 (Williams, §§ 2397.1-2397.4); Acts 1974, ch. 528, § 1; T.C.A. (orig. ed.), §§ 49-404 -- 49-407; Acts 1987, ch. 38, § 1.
(a) (1) The city council, board of mayor and aldermen or other duly constituted governing body of any town or city in this state maintaining a separate school system is authorized and empowered to transfer the administration of the town or city school system to the county board of education of the county in which the town or city is located. Before the transfer is effectuated, however, a referendum shall first be conducted on the subject, and the school system of the town or city shall not be transferred to the county unless a majority of the voters who cast votes in the referendum vote in favor of the transfer. (2) The referendum required by subdivision (a)(1) shall be held by the county election commission when requested by the governing body of the town or city, and the expenses of the election shall be paid by the town or city.
(1) The city council, board of mayor and aldermen or other duly constituted governing body of any town or city in this state maintaining a separate school system is authorized and empowered to transfer the administration of the town or city school system to the county board of education of the county in which the town or city is located. Before the transfer is effectuated, however, a referendum shall first be conducted on the subject, and the school system of the town or city shall not be transferred to the county unless a majority of the voters who cast votes in the referendum vote in favor of the transfer.
(2) The referendum required by subdivision (a)(1) shall be held by the county election commission when requested by the governing body of the town or city, and the expenses of the election shall be paid by the town or city.
(b) A town, city or special school district transferring the administration of schools to the county board of education by authority of § 49-2-502 and this section is authorized to devote the school funds of the town, city or special school district to the payment of the proportionate part of the cost of the maintenance and operation of the schools.
(c) The county board of education shall perform the same duties with respect to the schools of the town, city or special school district as they are required by law to perform with respect to county schools.
(d) The county board of education shall operate the schools of any town, city, or special school district transferred to them by authority of § 49-2-502 and this section as a coordinated part of the county school system, to the end that a unified and balanced school system may be maintained in the county. All school funds belonging to the town, city or special school district, including state funds allocated to the town, city or special school district, shall be expended entirely for the benefit of the schools of the town, city or special school district. Where there is any school indebtedness owed by the town, city or special school district at the time the transfer of administration is effectuated, the indebtedness shall remain the obligation of the town, city or special school district, and existing arrangements for the retirement of the indebtedness shall be continued until the indebtedness is retired and paid in full, unless the county legislative body, by resolution adopted by a majority of the members, agrees to assume the school indebtedness owed by the town, city or special school district.
(e) (1) Towns and cities transferring the administration of schools to the county board of education pursuant to this section are authorized and empowered to take such action as necessary and to make such payments as required to provide credit for service, for any or all school employees of the transferring town or city who elect to receive the credit, in any pension or retirement plan or plans in which the employees are entitled to participate after the transfer, for the period of service that was credited to the employees under the pension or retirement plan of the transferring town or city. (2) Any such school employee transferring to a new plan pursuant to the terms of subdivision (e)(1) shall not, as a result of this subsection (e), be entitled to receive a benefit from both the pension or retirement plan of the transferring town or city and any successor pension or retirement plan based upon the same credited service. (3) The towns and cities are further authorized to issue bonds or notes for the purpose of obtaining funds to make any such payments and to pay costs of effecting such payment and of issuance of such bonds or notes in accordance with title 9, chapter 21. (4) The pension board or other agency administering the pension or retirement plan of any such town or city, upon direction of the town or city by resolution of the governing body of the town or city, is authorized to transfer employee contributions of any or all of the transferring employees, together with earnings on the employee contributions, directly to the plan or plans in which the employees are entitled to participate after the transfer. (5) A transfer is authorized by this subsection (e) only if the pension or retirement plan of the town or city expressly provides for the return or refund of employee contributions and earnings on the employee contributions to employees or the transfer of such amounts to a successor plan upon an employee's termination of employment.
(1) Towns and cities transferring the administration of schools to the county board of education pursuant to this section are authorized and empowered to take such action as necessary and to make such payments as required to provide credit for service, for any or all school employees of the transferring town or city who elect to receive the credit, in any pension or retirement plan or plans in which the employees are entitled to participate after the transfer, for the period of service that was credited to the employees under the pension or retirement plan of the transferring town or city.
(2) Any such school employee transferring to a new plan pursuant to the terms of subdivision (e)(1) shall not, as a result of this subsection (e), be entitled to receive a benefit from both the pension or retirement plan of the transferring town or city and any successor pension or retirement plan based upon the same credited service.
(3) The towns and cities are further authorized to issue bonds or notes for the purpose of obtaining funds to make any such payments and to pay costs of effecting such payment and of issuance of such bonds or notes in accordance with title 9, chapter 21.
(4) The pension board or other agency administering the pension or retirement plan of any such town or city, upon direction of the town or city by resolution of the governing body of the town or city, is authorized to transfer employee contributions of any or all of the transferring employees, together with earnings on the employee contributions, directly to the plan or plans in which the employees are entitled to participate after the transfer.
(5) A transfer is authorized by this subsection (e) only if the pension or retirement plan of the town or city expressly provides for the return or refund of employee contributions and earnings on the employee contributions to employees or the transfer of such amounts to a successor plan upon an employee's termination of employment.
Acts 1947, ch. 145, §§ 1, 3-5; 1949, ch. 40, §§ 1, 2; C. Supp. 1950, §§ 2397.3-2397.6 (Williams, §§ 2397.1-2397.4); Acts 1974, ch. 528, § 1; T.C.A. (orig. ed.), §§ 49-404 -- 49-407; Acts 1987, ch. 38, § 1.
Tenn. Code Ann. § 49-7-173 — TN Code / Title 49 / Chapter 7 / Section 49-7-173
Effect of failure to fund state-mandated discount or waiver program
Status: in_force

(a) An act of the general assembly enacted after January 1, 2021, that mandates a discount or waiver of the tuition or fees charged at public institutions of higher education in this state is unenforceable against an institution affected by the act in any fiscal year for which the general assembly fails to appropriate a sum sufficient to fully fund the discount or waiver program at the institution. (b) If the general assembly fails to appropriate a sum sufficient to fully fund a discount or waiver program created by an act of the general assembly enacted after January 1, 2021, at a public institution of higher education in a fiscal year, then that institution is not required to make the discount or waiver available to students in the academic year for which the institution did not receive sufficient funding. (c) This section does not affect: (1) An act of the general assembly that mandates a discount or waiver of the tuition or fees charged at public institutions of higher education that was enacted on or before January 1, 2021; or (2) A scholarship, grant, or financial aid program. (d) The 112th general assembly recognizes that Article II, § 12 of the Constitution of Tennessee prevents this or another general assembly from statutorily binding a future general assembly. Therefore, this general assembly acknowledges that this section is legally binding only for the duration of the 112th general assembly. However, each future general assembly is discouraged from enacting legislation after January 1, 2023, that mandates a discount or waiver of the tuition or fees charged at public institutions of higher education unless the general assembly annually appropriates a sum sufficient to fully fund the discount or waiver program at each affected institution. Added by 2021 Tenn. Acts, ch. 120,s 1, eff. 4/13/2021.
(a) An act of the general assembly enacted after January 1, 2021, that mandates a discount or waiver of the tuition or fees charged at public institutions of higher education in this state is unenforceable against an institution affected by the act in any fiscal year for which the general assembly fails to appropriate a sum sufficient to fully fund the discount or waiver program at the institution.
(b) If the general assembly fails to appropriate a sum sufficient to fully fund a discount or waiver program created by an act of the general assembly enacted after January 1, 2021, at a public institution of higher education in a fiscal year, then that institution is not required to make the discount or waiver available to students in the academic year for which the institution did not receive sufficient funding.
(c) This section does not affect: (1) An act of the general assembly that mandates a discount or waiver of the tuition or fees charged at public institutions of higher education that was enacted on or before January 1, 2021; or (2) A scholarship, grant, or financial aid program.
(1) An act of the general assembly that mandates a discount or waiver of the tuition or fees charged at public institutions of higher education that was enacted on or before January 1, 2021; or
(2) A scholarship, grant, or financial aid program.
(d) The 112th general assembly recognizes that Article II, § 12 of the Constitution of Tennessee prevents this or another general assembly from statutorily binding a future general assembly. Therefore, this general assembly acknowledges that this section is legally binding only for the duration of the 112th general assembly. However, each future general assembly is discouraged from enacting legislation after January 1, 2023, that mandates a discount or waiver of the tuition or fees charged at public institutions of higher education unless the general assembly annually appropriates a sum sufficient to fully fund the discount or waiver program at each affected institution.
Added by 2021 Tenn. Acts, ch. 120,s 1, eff. 4/13/2021.
Tenn. Code Ann. § 49-7-134 — TN Code / Title 49 / Chapter 7 / Section 49-7-134
Reduction in work force
Status: in_force

The board of regents, the state university boards, and the board of trustees of the University of Tennessee shall adopt policies to govern reductions in force that could result in employee layoffs or terminations at their respective institutions of higher education. The policies shall provide a consistent and equitable method of reducing the work force when a reorganization or curtailment of operations becomes necessary. The policies shall, at a minimum: (1) Apply to regular, nonfaculty employees; (2) Provide for a written rationale for any reduction in the work force; (3) Include identification of functional areas affected, a review of the budget implications involved and the development of specific written criteria to be used in identifying duties that will be reassigned or eliminated; (4) Provide for the application of such factors as length of service in the position and at the institution, functional needs of the unit in selecting the affected employees and the qualifications needed to perform the remaining duties of the affected unit; (5) Require written notification to the affected employees of a reduction in force as far in advance as possible; and (6) Provide an opportunity for affected employees to receive notification when vacancies for similar positions at their former campuses occur. Amended by 2018 Tenn. Acts, ch. 602,s 10, eff. 3/23/2018. Acts 2004, ch. 867, § 1.
The board of regents, the state university boards, and the board of trustees of the University of Tennessee shall adopt policies to govern reductions in force that could result in employee layoffs or terminations at their respective institutions of higher education. The policies shall provide a consistent and equitable method of reducing the work force when a reorganization or curtailment of operations becomes necessary. The policies shall, at a minimum:
(1) Apply to regular, nonfaculty employees;
(2) Provide for a written rationale for any reduction in the work force;
(3) Include identification of functional areas affected, a review of the budget implications involved and the development of specific written criteria to be used in identifying duties that will be reassigned or eliminated;
(4) Provide for the application of such factors as length of service in the position and at the institution, functional needs of the unit in selecting the affected employees and the qualifications needed to perform the remaining duties of the affected unit;
(5) Require written notification to the affected employees of a reduction in force as far in advance as possible; and
(6) Provide an opportunity for affected employees to receive notification when vacancies for similar positions at their former campuses occur.
Amended by 2018 Tenn. Acts, ch. 602,s 10, eff. 3/23/2018.
Acts 2004, ch. 867, § 1.
Tenn. Code Ann. § 49-3-1107 — TN Code / Title 49 / Chapter 3 / Section 49-3-1107
Security for bonds
Status: in_force

The board, in connection with the issuance of bonds to acquire any project for an institution or in order to secure the payment of the bonds and interest on the bonds, shall have power by resolution to: (1) Fix and maintain: (A) Fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to be served by, the project; (B) Matriculation, hospital, laboratory, athletic, admission and other fees from students, faculty members and others matriculated, attending or employed at the institution, and from the public in general for facilities afforded by the institution, which shall be uniform for all those similarly situated; and (C) Fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to use, or having the right to be served by, existing buildings, stadia, and other structures at the institutions, which fees, rentals and other charges shall be the same as those applicable to the project and if it is similar in nature and purpose to such existing buildings, stadia and other structures at the institution, there may be allowed reasonable differentials based on the conditions, type, location and relative convenience of the project and the existing buildings, stadia and other structures, but the differentials shall be uniform as to all such students or faculty members and others similarly accommodated; (2) Provide that the bonds shall be secured by a first and paramount lien on the income and revenue, but not the real property of the institution, derived from, and which shall be payable from: (A) Fees, rentals, and other charges from students, faculty members and others using or being served by, or having the right to use, or having the right to be served by, the project, and any existing buildings, stadia, and other structures; and (B) Matriculation, hospital, laboratory, athletic, admission and other fees from students, faculty members and others matriculated, attending or employed at the institution, and from the public in general, for the facilities afforded by the institution; (3) Pledge and assign to, or in trust for the benefit of, the holder or holders of the bonds an amount of the income and revenue derived from: (A) Fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to use, or having the right to be served by, the project, and any existing buildings, stadia and other structures; and (B) Matriculation, hospital, laboratory, athletic, admission and other fees from students, faculty members and others matriculated, attending or employed at the institution, and from the public in general, for the facilities afforded by the institution, which shall be sufficient to pay when due the bonds issued under this part to acquire the project, and interest on the bonds, and to create and maintain reasonable reserves for the bonds; (4) Covenant with or for the benefit of the holder or holders of the bonds that, so long as any of the bonds remain outstanding and unpaid, the institution will fix, maintain and collect in such installments as may be agreed upon, an amount of the fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to use, or having the right to be served by, the project, and any existing buildings, stadia and other structures that, together with an amount of the matriculation, hospital, laboratory, athletic, admission and other fees from students, faculty members and others matriculated, attending or employed at the institution, and from the public in general, for the facilities afforded by the institution, shall be sufficient to pay when due the bonds and interest on the bonds, and to create and maintain reasonable reserves for the bonds, and to pay the costs of operation and maintenance of the project, including, but not limited to, reserves for extraordinary repairs, insurance and maintenance, which costs of operation and maintenance shall be determined by the board in its absolute discretion; (5) Make and enforce and agree to make and enforce parietal rules that ensure the use of the project by all students in attendance at the institution to the maximum extent to which the project is capable of serving the students, or if the project is designed for occupancy as living quarters for the faculty members, by as many faculty members as may be served by the project; (6) Covenant that so long as any of the bonds remain outstanding and unpaid, it will not, except upon such terms and conditions as may be determined: (A) Voluntarily create or cause to be created any debt, lien, pledge, assignment, encumbrance or other charge having priority to or being on a parity with the lien of the bonds upon any of the income and revenues derived from fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to use, or having the right to be served by, the project and any existing buildings, stadia and other structures, and from matriculation, hospital, laboratory, athletic admission and other fees from students, faculty members and others matriculated, attending or employed at the institution, and from the public in general, for the facilities afforded by the institution; (B) Convey or otherwise alienate the project or the real estate upon which the project is located, except at a price sufficient to pay all the bonds then outstanding and interest accrued on the bonds, and then only in accordance with any agreements with the holder or holders of the bonds; or (C) Mortgage or otherwise voluntarily create or cause to be created any encumbrance on the project or the real estate upon which it is located; (7) Covenant as to the procedure by which the terms of any contract with the holder or holders of the bonds may be amended or abrogated, the amount or percentage of bonds the holder or holders of which must consent to the amendment or abrogation, and the manner in which consent may be given; (8) Invest in a trustee or trustees the right to receive all or any part of the income and revenue pledged and assigned to, or for the benefit of, the holder or holders of the bonds and to hold, apply and dispose of the income and revenue and the right to enforce any covenant made to secure or pay or in relation to the bonds; execute and deliver a trust agreement or trust agreements that may set forth the powers and duties and the remedies available to the trustee or trustees and limiting the liabilities of the trustee or trustees and describing what occurrences constitute events of default, and prescribing the terms and conditions upon which the trustee or trustees or the holder or holders of bonds of any specified amount or percentage of the bonds may exercise such rights and enforce any and all such covenants and resort to such remedies as may be appropriate; (9) Vest in a trustee or trustees or the holder or holders of any specified amount or percentage of bonds the right to apply to any court of competent jurisdiction for and have granted the appointment of a receiver or receivers of the income and revenue pledged and assigned to or for the benefit of the holder or holders of the bonds, which receiver or receivers may have and be granted such powers and duties as the court may order or decree for the protection of the bondholders; and (10) Make covenants with any federal agency to perform any and all acts and to do any and all things as may be necessary or convenient or desirable in order to secure the bonds, or as may in the judgment of the board tend to make the bonds more marketable, notwithstanding that the acts or things may not be enumerated in this section, it being the intention of this section to give the board power to make all covenants, to perform all acts and to do all things, not inconsistent with the constitution of this state, in the issuance of the bonds and for their security, that a private business corporation might do. Acts 1943, ch. 135, § 5; C. Supp. 1950, § 2316.5 (Williams, § 2316.17); T.C.A. (orig. ed.), § 49-3505.
The board, in connection with the issuance of bonds to acquire any project for an institution or in order to secure the payment of the bonds and interest on the bonds, shall have power by resolution to:
(1) Fix and maintain: (A) Fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to be served by, the project; (B) Matriculation, hospital, laboratory, athletic, admission and other fees from students, faculty members and others matriculated, attending or employed at the institution, and from the public in general for facilities afforded by the institution, which shall be uniform for all those similarly situated; and (C) Fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to use, or having the right to be served by, existing buildings, stadia, and other structures at the institutions, which fees, rentals and other charges shall be the same as those applicable to the project and if it is similar in nature and purpose to such existing buildings, stadia and other structures at the institution, there may be allowed reasonable differentials based on the conditions, type, location and relative convenience of the project and the existing buildings, stadia and other structures, but the differentials shall be uniform as to all such students or faculty members and others similarly accommodated;
(A) Fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to be served by, the project;
(B) Matriculation, hospital, laboratory, athletic, admission and other fees from students, faculty members and others matriculated, attending or employed at the institution, and from the public in general for facilities afforded by the institution, which shall be uniform for all those similarly situated; and
(C) Fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to use, or having the right to be served by, existing buildings, stadia, and other structures at the institutions, which fees, rentals and other charges shall be the same as those applicable to the project and if it is similar in nature and purpose to such existing buildings, stadia and other structures at the institution, there may be allowed reasonable differentials based on the conditions, type, location and relative convenience of the project and the existing buildings, stadia and other structures, but the differentials shall be uniform as to all such students or faculty members and others similarly accommodated;
(2) Provide that the bonds shall be secured by a first and paramount lien on the income and revenue, but not the real property of the institution, derived from, and which shall be payable from: (A) Fees, rentals, and other charges from students, faculty members and others using or being served by, or having the right to use, or having the right to be served by, the project, and any existing buildings, stadia, and other structures; and (B) Matriculation, hospital, laboratory, athletic, admission and other fees from students, faculty members and others matriculated, attending or employed at the institution, and from the public in general, for the facilities afforded by the institution;
(A) Fees, rentals, and other charges from students, faculty members and others using or being served by, or having the right to use, or having the right to be served by, the project, and any existing buildings, stadia, and other structures; and
(B) Matriculation, hospital, laboratory, athletic, admission and other fees from students, faculty members and others matriculated, attending or employed at the institution, and from the public in general, for the facilities afforded by the institution;
(3) Pledge and assign to, or in trust for the benefit of, the holder or holders of the bonds an amount of the income and revenue derived from: (A) Fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to use, or having the right to be served by, the project, and any existing buildings, stadia and other structures; and (B) Matriculation, hospital, laboratory, athletic, admission and other fees from students, faculty members and others matriculated, attending or employed at the institution, and from the public in general, for the facilities afforded by the institution, which shall be sufficient to pay when due the bonds issued under this part to acquire the project, and interest on the bonds, and to create and maintain reasonable reserves for the bonds;
(A) Fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to use, or having the right to be served by, the project, and any existing buildings, stadia and other structures; and
(B) Matriculation, hospital, laboratory, athletic, admission and other fees from students, faculty members and others matriculated, attending or employed at the institution, and from the public in general, for the facilities afforded by the institution, which shall be sufficient to pay when due the bonds issued under this part to acquire the project, and interest on the bonds, and to create and maintain reasonable reserves for the bonds;
(4) Covenant with or for the benefit of the holder or holders of the bonds that, so long as any of the bonds remain outstanding and unpaid, the institution will fix, maintain and collect in such installments as may be agreed upon, an amount of the fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to use, or having the right to be served by, the project, and any existing buildings, stadia and other structures that, together with an amount of the matriculation, hospital, laboratory, athletic, admission and other fees from students, faculty members and others matriculated, attending or employed at the institution, and from the public in general, for the facilities afforded by the institution, shall be sufficient to pay when due the bonds and interest on the bonds, and to create and maintain reasonable reserves for the bonds, and to pay the costs of operation and maintenance of the project, including, but not limited to, reserves for extraordinary repairs, insurance and maintenance, which costs of operation and maintenance shall be determined by the board in its absolute discretion;
(5) Make and enforce and agree to make and enforce parietal rules that ensure the use of the project by all students in attendance at the institution to the maximum extent to which the project is capable of serving the students, or if the project is designed for occupancy as living quarters for the faculty members, by as many faculty members as may be served by the project;
(6) Covenant that so long as any of the bonds remain outstanding and unpaid, it will not, except upon such terms and conditions as may be determined: (A) Voluntarily create or cause to be created any debt, lien, pledge, assignment, encumbrance or other charge having priority to or being on a parity with the lien of the bonds upon any of the income and revenues derived from fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to use, or having the right to be served by, the project and any existing buildings, stadia and other structures, and from matriculation, hospital, laboratory, athletic admission and other fees from students, faculty members and others matriculated, attending or employed at the institution, and from the public in general, for the facilities afforded by the institution; (B) Convey or otherwise alienate the project or the real estate upon which the project is located, except at a price sufficient to pay all the bonds then outstanding and interest accrued on the bonds, and then only in accordance with any agreements with the holder or holders of the bonds; or (C) Mortgage or otherwise voluntarily create or cause to be created any encumbrance on the project or the real estate upon which it is located;
(A) Voluntarily create or cause to be created any debt, lien, pledge, assignment, encumbrance or other charge having priority to or being on a parity with the lien of the bonds upon any of the income and revenues derived from fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to use, or having the right to be served by, the project and any existing buildings, stadia and other structures, and from matriculation, hospital, laboratory, athletic admission and other fees from students, faculty members and others matriculated, attending or employed at the institution, and from the public in general, for the facilities afforded by the institution;
(B) Convey or otherwise alienate the project or the real estate upon which the project is located, except at a price sufficient to pay all the bonds then outstanding and interest accrued on the bonds, and then only in accordance with any agreements with the holder or holders of the bonds; or
(C) Mortgage or otherwise voluntarily create or cause to be created any encumbrance on the project or the real estate upon which it is located;
(7) Covenant as to the procedure by which the terms of any contract with the holder or holders of the bonds may be amended or abrogated, the amount or percentage of bonds the holder or holders of which must consent to the amendment or abrogation, and the manner in which consent may be given;
(8) Invest in a trustee or trustees the right to receive all or any part of the income and revenue pledged and assigned to, or for the benefit of, the holder or holders of the bonds and to hold, apply and dispose of the income and revenue and the right to enforce any covenant made to secure or pay or in relation to the bonds; execute and deliver a trust agreement or trust agreements that may set forth the powers and duties and the remedies available to the trustee or trustees and limiting the liabilities of the trustee or trustees and describing what occurrences constitute events of default, and prescribing the terms and conditions upon which the trustee or trustees or the holder or holders of bonds of any specified amount or percentage of the bonds may exercise such rights and enforce any and all such covenants and resort to such remedies as may be appropriate;
(9) Vest in a trustee or trustees or the holder or holders of any specified amount or percentage of bonds the right to apply to any court of competent jurisdiction for and have granted the appointment of a receiver or receivers of the income and revenue pledged and assigned to or for the benefit of the holder or holders of the bonds, which receiver or receivers may have and be granted such powers and duties as the court may order or decree for the protection of the bondholders; and
(10) Make covenants with any federal agency to perform any and all acts and to do any and all things as may be necessary or convenient or desirable in order to secure the bonds, or as may in the judgment of the board tend to make the bonds more marketable, notwithstanding that the acts or things may not be enumerated in this section, it being the intention of this section to give the board power to make all covenants, to perform all acts and to do all things, not inconsistent with the constitution of this state, in the issuance of the bonds and for their security, that a private business corporation might do.
Acts 1943, ch. 135, § 5; C. Supp. 1950, § 2316.5 (Williams, § 2316.17); T.C.A. (orig. ed.), § 49-3505.
Tenn. Code Ann. § 49-7-1002 — TN Code / Title 49 / Chapter 7 / Section 49-7-1002
Review of state legislative funding requests for public higher education
Status: in_force

(a) All legislative proposals or requests for state funding toward public higher education capital projects, maintenance, new academic programs, public service, research activities, and engagement opportunities or operational support coming before the general assembly shall first be considered and acted upon through established processes and procedures to review such requests; provided, however, that if such consideration or action through established processes and procedures is not possible, then such legislative proposals or requests shall be made with the knowledge of the executive director of the Tennessee higher education commission, the chancellor of the board of regents, or the president of the University of Tennessee, as applicable, and the chief executive officer of the institution for which the proposal or request for state funding is made. The executive director, chancellor, and the president shall be accountable for ensuring that the established processes for considering and evaluating such requests are followed to the greatest extent possible. (b) At no time shall an employee of a state institution of higher education advance state legislative funding requests without the knowledge of the executive director, chancellor, or president of the respective system or institution for which the request is made, and the chief executive officer of the institution, campus, or unit. (c) The executive director, chancellor, and president are expected to advance such policies or proposals through existing processes and procedures established in the spirit to maximize the state's ability to strategically plan, execute, and maintain the state's public higher education obligations. (d) The governing board of each institution shall be authorized to take such action as each board deems reasonable and appropriate to enforce this part and that is consistent with the purpose of this part. Amended by 2016 Tenn. Acts, ch. 869,s 30, eff. 7/1/2016. Added by 2014 Tenn. Acts, ch. 538,s 1, eff. 3/17/2014.
(a) All legislative proposals or requests for state funding toward public higher education capital projects, maintenance, new academic programs, public service, research activities, and engagement opportunities or operational support coming before the general assembly shall first be considered and acted upon through established processes and procedures to review such requests; provided, however, that if such consideration or action through established processes and procedures is not possible, then such legislative proposals or requests shall be made with the knowledge of the executive director of the Tennessee higher education commission, the chancellor of the board of regents, or the president of the University of Tennessee, as applicable, and the chief executive officer of the institution for which the proposal or request for state funding is made. The executive director, chancellor, and the president shall be accountable for ensuring that the established processes for considering and evaluating such requests are followed to the greatest extent possible.
(b) At no time shall an employee of a state institution of higher education advance state legislative funding requests without the knowledge of the executive director, chancellor, or president of the respective system or institution for which the request is made, and the chief executive officer of the institution, campus, or unit.
(c) The executive director, chancellor, and president are expected to advance such policies or proposals through existing processes and procedures established in the spirit to maximize the state's ability to strategically plan, execute, and maintain the state's public higher education obligations.
(d) The governing board of each institution shall be authorized to take such action as each board deems reasonable and appropriate to enforce this part and that is consistent with the purpose of this part.
Amended by 2016 Tenn. Acts, ch. 869,s 30, eff. 7/1/2016.
Added by 2014 Tenn. Acts, ch. 538,s 1, eff. 3/17/2014.
Tenn. Code Ann. § 49-7-2701 — TN Code / Title 49 / Chapter 7 / Section 49-7-2701
Establishment and operation of clinical and dispensary programs in speech pathology, speech therapy and audiology in state colleges and universities
Status: in_force

(a) Notwithstanding any other law to the contrary, state public colleges and universities are permitted to establish and operate clinical and dispensary programs in speech pathology, speech therapy and audiology for the purpose of educating students and generating financial support necessary to operate and make necessary improvements to those programs. (b) It is not the intent of the general assembly for such programs to compete directly with private hearing device retailers. Hearing centers operated and governed by public institutions of higher education shall not expand to operate satellite centers for the purpose of selling hearing aids, and shall not advertise the sale of hearing aids through any form of mass media, including, but not limited to, newspapers, magazines, billboards, phone directories, television, radio or internet, or through mass mailings, either printed or electronic. Such clinics and programs are permitted to receive patient referrals, to treat patients wishing to receive services from the college or university and to dispense hearing aids to such patients. (c) Each public institution of higher education operating a hearing center shall, by September 15 of each year, provide a written report to the Tennessee higher education commission and the education committee of the senate and the education administration committee of the house of representatives. The report shall contain the following information relative to the prior year: (1) The number of patients served; (2) The number of patient-contact hours for which students received credit; (3) The number of billed patient hours; (4) The number of hearing aids dispensed to patients; and (5) The revenues from clinical and dispensing operations. Amended by 2021 Tenn. Acts, ch. 64, s 105, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 345, s 119, eff. 5/10/2019. Amended by 2015 Tenn. Acts, ch. 182, s 74, eff. 4/17/2015. Acts 2011 , ch. 291, § 1.
(a) Notwithstanding any other law to the contrary, state public colleges and universities are permitted to establish and operate clinical and dispensary programs in speech pathology, speech therapy and audiology for the purpose of educating students and generating financial support necessary to operate and make necessary improvements to those programs.
(b) It is not the intent of the general assembly for such programs to compete directly with private hearing device retailers. Hearing centers operated and governed by public institutions of higher education shall not expand to operate satellite centers for the purpose of selling hearing aids, and shall not advertise the sale of hearing aids through any form of mass media, including, but not limited to, newspapers, magazines, billboards, phone directories, television, radio or internet, or through mass mailings, either printed or electronic. Such clinics and programs are permitted to receive patient referrals, to treat patients wishing to receive services from the college or university and to dispense hearing aids to such patients.
(c) Each public institution of higher education operating a hearing center shall, by September 15 of each year, provide a written report to the Tennessee higher education commission and the education committee of the senate and the education administration committee of the house of representatives. The report shall contain the following information relative to the prior year: (1) The number of patients served; (2) The number of patient-contact hours for which students received credit; (3) The number of billed patient hours; (4) The number of hearing aids dispensed to patients; and (5) The revenues from clinical and dispensing operations.
(1) The number of patients served;
(2) The number of patient-contact hours for which students received credit;
(3) The number of billed patient hours;
(4) The number of hearing aids dispensed to patients; and
(5) The revenues from clinical and dispensing operations.
Amended by 2021 Tenn. Acts, ch. 64, s 105, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 119, eff. 5/10/2019.
Amended by 2015 Tenn. Acts, ch. 182, s 74, eff. 4/17/2015.
Acts 2011 , ch. 291, § 1.
Tenn. Code Ann. § 49-2-212 — TN Code / Title 49 / Chapter 2 / Section 49-2-212
Professional associations and lobbying expenditures to be included in board's budget - Required information
Status: in_force

(a) For purposes of this section, "lobbying expenditures" means funds used to lobby, as defined in § 3-6-301 , and also includes any dues paid to associations or membership organizations that lobby. (b) A local board of education shall include in its budget for each fiscal year a line item for professional associations and lobbying expenditures that includes the total amount to be spent on lobbying expenditures by the board during that fiscal year. (c) When any local board of education of a county or city school system submits its budget to the appropriate local legislative body for approval, the budget shall have attached a form that details all professional associations and lobbying expenditures included in the budget. The form shall at a minimum specify: (1) The total amount anticipated to be spent on professional associations and lobbying expenditures; (2) The amount of any dues to be paid to entities that lobby, along with the names of such entities; (3) The amount of any funds to be used to hire contract lobbyists; and (4) For the fiscal year beginning in 2017, the actual amount spent on items listed in subdivisions (c)(1)-(3) for the previous fiscal year. (d) This section does not apply to an innovative school district as defined in § 49-8-1502 . Amended by 2024 Tenn. Acts, ch. 1053,s 13, eff. 5/28/2024, app. to the 2024-2025 school year and each school year thereafter. Added by 2015 Tenn. Acts, ch. 132, s 1, eff. 7/1/2016.
(a) For purposes of this section, "lobbying expenditures" means funds used to lobby, as defined in § 3-6-301 , and also includes any dues paid to associations or membership organizations that lobby.
(b) A local board of education shall include in its budget for each fiscal year a line item for professional associations and lobbying expenditures that includes the total amount to be spent on lobbying expenditures by the board during that fiscal year.
(c) When any local board of education of a county or city school system submits its budget to the appropriate local legislative body for approval, the budget shall have attached a form that details all professional associations and lobbying expenditures included in the budget. The form shall at a minimum specify: (1) The total amount anticipated to be spent on professional associations and lobbying expenditures; (2) The amount of any dues to be paid to entities that lobby, along with the names of such entities; (3) The amount of any funds to be used to hire contract lobbyists; and (4) For the fiscal year beginning in 2017, the actual amount spent on items listed in subdivisions (c)(1)-(3) for the previous fiscal year.
(1) The total amount anticipated to be spent on professional associations and lobbying expenditures;
(2) The amount of any dues to be paid to entities that lobby, along with the names of such entities;
(3) The amount of any funds to be used to hire contract lobbyists; and
(4) For the fiscal year beginning in 2017, the actual amount spent on items listed in subdivisions (c)(1)-(3) for the previous fiscal year.
(d) This section does not apply to an innovative school district as defined in § 49-8-1502 .
Amended by 2024 Tenn. Acts, ch. 1053,s 13, eff. 5/28/2024, app. to the 2024-2025 school year and each school year thereafter.
Added by 2015 Tenn. Acts, ch. 132, s 1, eff. 7/1/2016.
Tenn. Code Ann. § 49-1-909 — TN Code / Title 49 / Chapter 1 / Section 49-1-909
Competitive procurement policy
Status: in_force

The department shall procure any good or service selected or approved by the department to effectuate this part competitively and in compliance with all state laws and administrative rules regarding the procurement of goods and services by state agencies, including §§ 12-3-101 - 12-3-104. The department shall submit all contracts for the procurement of any good or service selected or approved by the department to effectuate this part to the fiscal review committee of the general assembly for review according to the timelines and requirements established in § 4-56-107(b)(5)(A) . Added by 2021EX1 Tenn. Acts, ch. 3, s 3, eff. 2/3/2021.
The department shall procure any good or service selected or approved by the department to effectuate this part competitively and in compliance with all state laws and administrative rules regarding the procurement of goods and services by state agencies, including §§ 12-3-101 - 12-3-104. The department shall submit all contracts for the procurement of any good or service selected or approved by the department to effectuate this part to the fiscal review committee of the general assembly for review according to the timelines and requirements established in § 4-56-107(b)(5)(A) .
Added by 2021EX1 Tenn. Acts, ch. 3, s 3, eff. 2/3/2021.
Tenn. Code Ann. § 49-50-1501 — TN Code / Title 49 / Chapter 50 / Section 49-50-1501
Short title
Status: in_force

This part shall be known and may be cited as the "Educational Records as Evidence Act." Acts 2002, ch. 621, § 2.
This part shall be known and may be cited as the "Educational Records as Evidence Act."
Acts 2002, ch. 621, § 2.
Tenn. Code Ann. § 49-7-186 — TN Code / Title 49 / Chapter 7 / Section 49-7-186
Prohibitions on sharing students personal information - Requirements for third party contractors
Status: in_force

A public institution of higher learning that holds personal information of students, including, but not limited to, names; campus, home, or email addresses; telephone numbers; or other identifying information, shall not share the personal information with a third party that has contracted with the public institution to input personal information of students for administrative purposes, unless the third-party contractor agrees in writing that the personal information will only be used for the purpose for which the information is originally provided to the third-party contractor and will not be sold to or shared with any other entity. Added by 2024 Tenn. Acts, ch. 619,s 1, eff. 3/27/2024.
A public institution of higher learning that holds personal information of students, including, but not limited to, names; campus, home, or email addresses; telephone numbers; or other identifying information, shall not share the personal information with a third party that has contracted with the public institution to input personal information of students for administrative purposes, unless the third-party contractor agrees in writing that the personal information will only be used for the purpose for which the information is originally provided to the third-party contractor and will not be sold to or shared with any other entity.
Added by 2024 Tenn. Acts, ch. 619,s 1, eff. 3/27/2024.
Tenn. Code Ann. § 49-50-1505 — TN Code / Title 49 / Chapter 50 / Section 49-50-1505
Unsealing subpoenaed records - Duties of custodian and issuing attorney
Status: in_force

(a) (1) Unless the sealed envelope or wrapper is returned to a witness who is to appear personally, the copy of records shall remain sealed and shall be opened only at the time of trial, deposition or other hearing, upon the direction of the judge, court, officer, body or tribunal conducting the proceeding, in the presence of all parties who have appeared in person or by counsel at such trial, deposition or hearing. Before directing that the inner envelope or wrapper be opened, the judge, court, officer, body or tribunal shall first ascertain that: (A) (i) The custodian's affidavit attesting notification of each eligible student or parent of a student whose records are contained within the sealed envelope or wrapper is affixed; (ii) The eligible student or parent has had sufficient time in which to move to quash the subpoena; and (iii) No motion to quash the subpoena is pending; and (B) (i) The records have been subpoenaed at the instance of a student or parent of a student involved or the student's or parent's counsel of record; (ii) The student or parent involved or someone authorized in the student's or parent's behalf to do so for the student or parent has consented thereto and waived any privilege of confidentiality involved; or (iii) The records have been subpoenaed in a criminal proceeding. (2) Records that are not introduced in evidence or required as part of the record shall be returned to the person or entity from whom they were received. (b) (1) Upon receipt of a subpoena, the custodian shall send the records to the attorney responsible for the issuance of the subpoena at the place and on or before the date designated in the subpoena, if the subpoena: (A) States conspicuously on its face that the records are required in a tort action or domestic relations proceeding in which the student or parent has raised the issue of the student's education level, performance or attendance; and (B) Directs the custodian's attendance at a deposition. (2) Before opening the sealed records, the attorney responsible for the issuance of the subpoena shall ascertain that: (A) The custodian's affidavit attesting notification of each eligible student or parent of a student whose records are contained within the sealed envelope or wrapper is affixed; (B) Each eligible student or parent has had sufficient time in which to move to quash the subpoena; and (C) No motion to quash the subpoena is pending. (3) The attorney responsible for the issuance of the subpoena need not meet the requirements of subdivision (a)(2) if the attorney furnishes a copy of the records to the adversary party or their counsel. Acts 2002, ch. 621, § 6; 2003, ch. 36, § 4.
(a) (1) Unless the sealed envelope or wrapper is returned to a witness who is to appear personally, the copy of records shall remain sealed and shall be opened only at the time of trial, deposition or other hearing, upon the direction of the judge, court, officer, body or tribunal conducting the proceeding, in the presence of all parties who have appeared in person or by counsel at such trial, deposition or hearing. Before directing that the inner envelope or wrapper be opened, the judge, court, officer, body or tribunal shall first ascertain that: (A) (i) The custodian's affidavit attesting notification of each eligible student or parent of a student whose records are contained within the sealed envelope or wrapper is affixed; (ii) The eligible student or parent has had sufficient time in which to move to quash the subpoena; and (iii) No motion to quash the subpoena is pending; and (B) (i) The records have been subpoenaed at the instance of a student or parent of a student involved or the student's or parent's counsel of record; (ii) The student or parent involved or someone authorized in the student's or parent's behalf to do so for the student or parent has consented thereto and waived any privilege of confidentiality involved; or (iii) The records have been subpoenaed in a criminal proceeding. (2) Records that are not introduced in evidence or required as part of the record shall be returned to the person or entity from whom they were received.
(1) Unless the sealed envelope or wrapper is returned to a witness who is to appear personally, the copy of records shall remain sealed and shall be opened only at the time of trial, deposition or other hearing, upon the direction of the judge, court, officer, body or tribunal conducting the proceeding, in the presence of all parties who have appeared in person or by counsel at such trial, deposition or hearing. Before directing that the inner envelope or wrapper be opened, the judge, court, officer, body or tribunal shall first ascertain that: (A) (i) The custodian's affidavit attesting notification of each eligible student or parent of a student whose records are contained within the sealed envelope or wrapper is affixed; (ii) The eligible student or parent has had sufficient time in which to move to quash the subpoena; and (iii) No motion to quash the subpoena is pending; and (B) (i) The records have been subpoenaed at the instance of a student or parent of a student involved or the student's or parent's counsel of record; (ii) The student or parent involved or someone authorized in the student's or parent's behalf to do so for the student or parent has consented thereto and waived any privilege of confidentiality involved; or (iii) The records have been subpoenaed in a criminal proceeding.
(A) (i) The custodian's affidavit attesting notification of each eligible student or parent of a student whose records are contained within the sealed envelope or wrapper is affixed; (ii) The eligible student or parent has had sufficient time in which to move to quash the subpoena; and (iii) No motion to quash the subpoena is pending; and
(i) The custodian's affidavit attesting notification of each eligible student or parent of a student whose records are contained within the sealed envelope or wrapper is affixed;
(ii) The eligible student or parent has had sufficient time in which to move to quash the subpoena; and
(iii) No motion to quash the subpoena is pending; and
(B) (i) The records have been subpoenaed at the instance of a student or parent of a student involved or the student's or parent's counsel of record; (ii) The student or parent involved or someone authorized in the student's or parent's behalf to do so for the student or parent has consented thereto and waived any privilege of confidentiality involved; or (iii) The records have been subpoenaed in a criminal proceeding.
(i) The records have been subpoenaed at the instance of a student or parent of a student involved or the student's or parent's counsel of record;
(ii) The student or parent involved or someone authorized in the student's or parent's behalf to do so for the student or parent has consented thereto and waived any privilege of confidentiality involved; or
(iii) The records have been subpoenaed in a criminal proceeding.
(2) Records that are not introduced in evidence or required as part of the record shall be returned to the person or entity from whom they were received.
(b) (1) Upon receipt of a subpoena, the custodian shall send the records to the attorney responsible for the issuance of the subpoena at the place and on or before the date designated in the subpoena, if the subpoena: (A) States conspicuously on its face that the records are required in a tort action or domestic relations proceeding in which the student or parent has raised the issue of the student's education level, performance or attendance; and (B) Directs the custodian's attendance at a deposition. (2) Before opening the sealed records, the attorney responsible for the issuance of the subpoena shall ascertain that: (A) The custodian's affidavit attesting notification of each eligible student or parent of a student whose records are contained within the sealed envelope or wrapper is affixed; (B) Each eligible student or parent has had sufficient time in which to move to quash the subpoena; and (C) No motion to quash the subpoena is pending. (3) The attorney responsible for the issuance of the subpoena need not meet the requirements of subdivision (a)(2) if the attorney furnishes a copy of the records to the adversary party or their counsel.
(1) Upon receipt of a subpoena, the custodian shall send the records to the attorney responsible for the issuance of the subpoena at the place and on or before the date designated in the subpoena, if the subpoena: (A) States conspicuously on its face that the records are required in a tort action or domestic relations proceeding in which the student or parent has raised the issue of the student's education level, performance or attendance; and (B) Directs the custodian's attendance at a deposition.
(A) States conspicuously on its face that the records are required in a tort action or domestic relations proceeding in which the student or parent has raised the issue of the student's education level, performance or attendance; and
(B) Directs the custodian's attendance at a deposition.
(2) Before opening the sealed records, the attorney responsible for the issuance of the subpoena shall ascertain that: (A) The custodian's affidavit attesting notification of each eligible student or parent of a student whose records are contained within the sealed envelope or wrapper is affixed; (B) Each eligible student or parent has had sufficient time in which to move to quash the subpoena; and (C) No motion to quash the subpoena is pending.
(A) The custodian's affidavit attesting notification of each eligible student or parent of a student whose records are contained within the sealed envelope or wrapper is affixed;
(B) Each eligible student or parent has had sufficient time in which to move to quash the subpoena; and
(C) No motion to quash the subpoena is pending.
(3) The attorney responsible for the issuance of the subpoena need not meet the requirements of subdivision (a)(2) if the attorney furnishes a copy of the records to the adversary party or their counsel.
Acts 2002, ch. 621, § 6; 2003, ch. 36, § 4.
Tenn. Code Ann. § 49-9-102 — TN Code / Title 49 / Chapter 9 / Section 49-9-102
Acceptance of federal donations
Status: in_force

(a) (1) The act of the congress of the United States, approved July 2, 1862 (ch. 130, 12 Stat. 503), and subsequent acts, entitled "An act donating public lands to the several states and territories which may provide colleges for the benefit of agriculture and the mechanic arts," and especially all the conditions set forth in the fifth section of the act, and numbered first, second, third, fourth, fifth, and sixth, are accepted by the state of Tennessee upon the conditions prescribed. (2) It is the duty of the trustees of the university to conduct an agricultural college, so as to strictly conform to the congressional enactment making the appropriation. The appropriated fund shall be used only according to the terms of the congressional enactment making the appropriation to the state. (b) (1) The state assents to the purpose of the act of the United States congress, approved August 30, 1890 (ch. 841, 26 Stat. 417), entitled "An act to apply a portion of the proceeds of the public lands to the more complete endowment and support of the college for the benefit of agriculture and the mechanics arts," established under an act of congress approved July 2, 1862, and empowers the treasurer of the University of Tennessee to accept the whole of the grants of money authorized by the act to be paid in this state, and to give official receipt for the grants. (2) The grants of money to the state shall, as a part of the endowment and support of the college for the benefit of agriculture and the mechanic arts, established by contract of this state with the trustees of the University of Tennessee, be committed to the trustees of the university, in accordance with the requirements of the act of congress making the grants, to be applied by them as the act of congress directs. All results and expenditures shall be reported in accordance with the act making the grants, all of which are assented to and accepted for this state. (c) (1) The state assents to the conditions of an act of the United States congress, approved March 2, 1887 (ch. 314, 24 Stat. 440), entitled "An act to establish agricultural experiment stations in connection with the colleges established in the several states under the provisions of an act approved July 2, 1862, and of acts supplementary thereto," and authorizes the treasurer of the university to accept any grants of money authorized by that act in this state, and to give official receipt for the grants. (2) The grants of money to the state shall, as a part of the agricultural fund, be committed to the trustees of the university, in charge of the state experiment station, there to be applied as the act of congress directs, and all results and expenditures shall be reported in accordance with the act making the grants, which are hereby accepted. (d) (1) The state assents to the conditions of the act of the United States congress, approved March 16, 1906 (ch. 951, 34 Stat. 63), entitled "An act to provide for an increased annual appropriation for agricultural experiment stations and regulating the expenditures thereof," and authorizes the treasurer of the university to accept any grants of money authorized by that act in this state and to give official receipt for the grants. (2) The grants of money to the state shall be expended by the board of trustees of the University of Tennessee in carrying on scientific investigations in agriculture as the act of congress directs, and all results and expenditures shall be reported in accordance with the provisions of the act making the grants, which provisions are hereby accepted. Acts 1867-1868, ch. 32, § 1; 1868-1869, ch. 12, §§ 2, 3; 1887, ch. 220, §§ 1, 2; 1891, ch. 36, §§ 1, 2; 1907, ch. 350, §§ 1, 2; Shan., §§ 352, 354-358; Code 1932, §§ 553, 555-561; modified; T.C.A. (orig. ed.), §§ 49-3311, 49-3313 -- 49-3319.
(a) (1) The act of the congress of the United States, approved July 2, 1862 (ch. 130, 12 Stat. 503), and subsequent acts, entitled "An act donating public lands to the several states and territories which may provide colleges for the benefit of agriculture and the mechanic arts," and especially all the conditions set forth in the fifth section of the act, and numbered first, second, third, fourth, fifth, and sixth, are accepted by the state of Tennessee upon the conditions prescribed. (2) It is the duty of the trustees of the university to conduct an agricultural college, so as to strictly conform to the congressional enactment making the appropriation. The appropriated fund shall be used only according to the terms of the congressional enactment making the appropriation to the state.
(1) The act of the congress of the United States, approved July 2, 1862 (ch. 130, 12 Stat. 503), and subsequent acts, entitled "An act donating public lands to the several states and territories which may provide colleges for the benefit of agriculture and the mechanic arts," and especially all the conditions set forth in the fifth section of the act, and numbered first, second, third, fourth, fifth, and sixth, are accepted by the state of Tennessee upon the conditions prescribed.
(2) It is the duty of the trustees of the university to conduct an agricultural college, so as to strictly conform to the congressional enactment making the appropriation. The appropriated fund shall be used only according to the terms of the congressional enactment making the appropriation to the state.
(b) (1) The state assents to the purpose of the act of the United States congress, approved August 30, 1890 (ch. 841, 26 Stat. 417), entitled "An act to apply a portion of the proceeds of the public lands to the more complete endowment and support of the college for the benefit of agriculture and the mechanics arts," established under an act of congress approved July 2, 1862, and empowers the treasurer of the University of Tennessee to accept the whole of the grants of money authorized by the act to be paid in this state, and to give official receipt for the grants. (2) The grants of money to the state shall, as a part of the endowment and support of the college for the benefit of agriculture and the mechanic arts, established by contract of this state with the trustees of the University of Tennessee, be committed to the trustees of the university, in accordance with the requirements of the act of congress making the grants, to be applied by them as the act of congress directs. All results and expenditures shall be reported in accordance with the act making the grants, all of which are assented to and accepted for this state.
(1) The state assents to the purpose of the act of the United States congress, approved August 30, 1890 (ch. 841, 26 Stat. 417), entitled "An act to apply a portion of the proceeds of the public lands to the more complete endowment and support of the college for the benefit of agriculture and the mechanics arts," established under an act of congress approved July 2, 1862, and empowers the treasurer of the University of Tennessee to accept the whole of the grants of money authorized by the act to be paid in this state, and to give official receipt for the grants.
(2) The grants of money to the state shall, as a part of the endowment and support of the college for the benefit of agriculture and the mechanic arts, established by contract of this state with the trustees of the University of Tennessee, be committed to the trustees of the university, in accordance with the requirements of the act of congress making the grants, to be applied by them as the act of congress directs. All results and expenditures shall be reported in accordance with the act making the grants, all of which are assented to and accepted for this state.
(c) (1) The state assents to the conditions of an act of the United States congress, approved March 2, 1887 (ch. 314, 24 Stat. 440), entitled "An act to establish agricultural experiment stations in connection with the colleges established in the several states under the provisions of an act approved July 2, 1862, and of acts supplementary thereto," and authorizes the treasurer of the university to accept any grants of money authorized by that act in this state, and to give official receipt for the grants. (2) The grants of money to the state shall, as a part of the agricultural fund, be committed to the trustees of the university, in charge of the state experiment station, there to be applied as the act of congress directs, and all results and expenditures shall be reported in accordance with the act making the grants, which are hereby accepted.
(1) The state assents to the conditions of an act of the United States congress, approved March 2, 1887 (ch. 314, 24 Stat. 440), entitled "An act to establish agricultural experiment stations in connection with the colleges established in the several states under the provisions of an act approved July 2, 1862, and of acts supplementary thereto," and authorizes the treasurer of the university to accept any grants of money authorized by that act in this state, and to give official receipt for the grants.
(2) The grants of money to the state shall, as a part of the agricultural fund, be committed to the trustees of the university, in charge of the state experiment station, there to be applied as the act of congress directs, and all results and expenditures shall be reported in accordance with the act making the grants, which are hereby accepted.
(d) (1) The state assents to the conditions of the act of the United States congress, approved March 16, 1906 (ch. 951, 34 Stat. 63), entitled "An act to provide for an increased annual appropriation for agricultural experiment stations and regulating the expenditures thereof," and authorizes the treasurer of the university to accept any grants of money authorized by that act in this state and to give official receipt for the grants. (2) The grants of money to the state shall be expended by the board of trustees of the University of Tennessee in carrying on scientific investigations in agriculture as the act of congress directs, and all results and expenditures shall be reported in accordance with the provisions of the act making the grants, which provisions are hereby accepted.
(1) The state assents to the conditions of the act of the United States congress, approved March 16, 1906 (ch. 951, 34 Stat. 63), entitled "An act to provide for an increased annual appropriation for agricultural experiment stations and regulating the expenditures thereof," and authorizes the treasurer of the university to accept any grants of money authorized by that act in this state and to give official receipt for the grants.
(2) The grants of money to the state shall be expended by the board of trustees of the University of Tennessee in carrying on scientific investigations in agriculture as the act of congress directs, and all results and expenditures shall be reported in accordance with the provisions of the act making the grants, which provisions are hereby accepted.
Acts 1867-1868, ch. 32, § 1; 1868-1869, ch. 12, §§ 2, 3; 1887, ch. 220, §§ 1, 2; 1891, ch. 36, §§ 1, 2; 1907, ch. 350, §§ 1, 2; Shan., §§ 352, 354-358; Code 1932, §§ 553, 555-561; modified; T.C.A. (orig. ed.), §§ 49-3311, 49-3313 -- 49-3319.
Tenn. Code Ann. § 49-7-814 — TN Code / Title 49 / Chapter 7 / Section 49-7-814
Investments
Status: in_force

(a) The board shall establish an investment policy for each trust fund. The board may authorize assets of the trust funds to be invested in any instrument, obligation, security or property that constitutes legal investments for assets of the Tennessee consolidated retirement system, or any other investment deemed appropriate by the board. The board may authorize assets of the funds for the educational services program to be pooled for investment purposes with the assets of the Tennessee consolidated retirement system or any other assets under the custody of the state treasurer. (b) In conjunction with § 49-7-805(1) and subsection (a), the board shall cause the amounts on deposit in the educational investment program trust established under § 49-7-812(a)(1) to be invested in any instrument or investment vehicle that the board deems reasonable and appropriate to achieve the objectives of the trust, exercising the discretion and care of a prudent person in similar circumstances with similar objectives. The board shall not require the trust to invest directly in obligations of the state or any political subdivision of the state or in any investment or other fund administered by the state treasurer or any other state entity. The assets of the trust shall be continuously invested and reinvested in a manner consistent with the objectives of the trust until disbursed for qualified higher education expenses, expended on expenses incurred by the operations of such trust or distributed to the account owner in accordance with the participation agreement. Amended by 2014 Tenn. Acts, ch. 910, s 21, eff. 5/13/2014. Acts 1996, ch. 991, § 1; T.C.A., § 49-7-812 ; Acts 1999, ch. 233, §§ 23, 24.
(a) The board shall establish an investment policy for each trust fund. The board may authorize assets of the trust funds to be invested in any instrument, obligation, security or property that constitutes legal investments for assets of the Tennessee consolidated retirement system, or any other investment deemed appropriate by the board. The board may authorize assets of the funds for the educational services program to be pooled for investment purposes with the assets of the Tennessee consolidated retirement system or any other assets under the custody of the state treasurer.
(b) In conjunction with § 49-7-805(1) and subsection (a), the board shall cause the amounts on deposit in the educational investment program trust established under § 49-7-812(a)(1) to be invested in any instrument or investment vehicle that the board deems reasonable and appropriate to achieve the objectives of the trust, exercising the discretion and care of a prudent person in similar circumstances with similar objectives. The board shall not require the trust to invest directly in obligations of the state or any political subdivision of the state or in any investment or other fund administered by the state treasurer or any other state entity. The assets of the trust shall be continuously invested and reinvested in a manner consistent with the objectives of the trust until disbursed for qualified higher education expenses, expended on expenses incurred by the operations of such trust or distributed to the account owner in accordance with the participation agreement.
Amended by 2014 Tenn. Acts, ch. 910, s 21, eff. 5/13/2014.
Acts 1996, ch. 991, § 1; T.C.A., § 49-7-812 ; Acts 1999, ch. 233, §§ 23, 24.
Tenn. Code Ann. § 49-10-105 — TN Code / Title 49 / Chapter 10 / Section 49-10-105
Advisory council for the education of students with disabilities
Status: in_force

(a) There shall be an advisory council for the education of students with disabilities, which shall advise and consult with the governor, the commissioner of education, the state board of education and the director of the division of special education and which shall engage in such other activities as are set forth in this part. (b) (1) The majority of the advisory council shall be individuals with disabilities or parents of children with disabilities. The advisory council shall be composed of a maximum of twenty-five (25) members, including: (A) Parents of children with disabilities, individuals with disabilities, teachers, and representatives of institutions of higher education that prepare special education and related services personnel; (B) State and local education officials, administrators of programs for children with disabilities, representatives of other state agencies involved in the financing or delivery of related services to children with disabilities, representatives of private schools and representatives of public charter schools, if any; (C) At least one (1) representative of a vocational, community or business organization concerned with the provision of transition services to children with disabilities; and (D) Representatives from the state juvenile and adult corrections agencies. (2) The governor shall appoint the members of the advisory council for three-year terms. In making appointments to the advisory council, the governor shall strive to ensure that at least one (1) person serving on the council is sixty (60) years of age or older and that at least one (1) person serving on the council is a member of a racial minority. (3) Vacancies shall be filled for the unexpired term in the same manner as original appointments. (4) The advisory council shall be composed of persons broadly representative of community organizations interested in the disabled, professions related to the educational needs of the disabled and the general public. (c) (1) The advisory council annually shall elect its own chair and vice chair. (2) The director of the division of special education shall meet with and act as secretary to the advisory council and, within available personnel and appropriations, shall furnish meeting facilities and staff services for the advisory council. (d) (1) The department shall regularly submit, as part of its budget requests, an item or items sufficient to cover expenses of the operation of the advisory council and of its members in connection with their attendance at meetings of the advisory council and other advisory council activities. (2) All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. (e) The council shall: (1) Have an opportunity to comment on rules and regulations proposed for issuance pursuant to parts 1-6 of this chapter; (2) Consider any problems presented to it by the governor, the commissioner, the state board of education or the director of the division of special education and give advice on the problems; (3) Review the state plan prepared pursuant to part 3 of this chapter prior to its submission to the governor and general assembly and comment on the plan to the governor, the commissioner, the state board of education and the director; and (4) Make an annual report to the governor, the general assembly and the state board of education, which report shall be available to the general public and shall present its views of the progress or lack of progress made in special education by the state, its agencies and institutions and its school districts during the preceding year. Acts 1972, ch. 839, § 4; 1976, ch. 806, § 1(69); T.C.A., §§ 49-2916, 49-2917; Acts 1988, ch. 1013, § 22; 1994, ch. 768, § 1; 1998, ch. 832, § 3.
(a) There shall be an advisory council for the education of students with disabilities, which shall advise and consult with the governor, the commissioner of education, the state board of education and the director of the division of special education and which shall engage in such other activities as are set forth in this part.
(b) (1) The majority of the advisory council shall be individuals with disabilities or parents of children with disabilities. The advisory council shall be composed of a maximum of twenty-five (25) members, including: (A) Parents of children with disabilities, individuals with disabilities, teachers, and representatives of institutions of higher education that prepare special education and related services personnel; (B) State and local education officials, administrators of programs for children with disabilities, representatives of other state agencies involved in the financing or delivery of related services to children with disabilities, representatives of private schools and representatives of public charter schools, if any; (C) At least one (1) representative of a vocational, community or business organization concerned with the provision of transition services to children with disabilities; and (D) Representatives from the state juvenile and adult corrections agencies. (2) The governor shall appoint the members of the advisory council for three-year terms. In making appointments to the advisory council, the governor shall strive to ensure that at least one (1) person serving on the council is sixty (60) years of age or older and that at least one (1) person serving on the council is a member of a racial minority. (3) Vacancies shall be filled for the unexpired term in the same manner as original appointments. (4) The advisory council shall be composed of persons broadly representative of community organizations interested in the disabled, professions related to the educational needs of the disabled and the general public.
(1) The majority of the advisory council shall be individuals with disabilities or parents of children with disabilities. The advisory council shall be composed of a maximum of twenty-five (25) members, including: (A) Parents of children with disabilities, individuals with disabilities, teachers, and representatives of institutions of higher education that prepare special education and related services personnel; (B) State and local education officials, administrators of programs for children with disabilities, representatives of other state agencies involved in the financing or delivery of related services to children with disabilities, representatives of private schools and representatives of public charter schools, if any; (C) At least one (1) representative of a vocational, community or business organization concerned with the provision of transition services to children with disabilities; and (D) Representatives from the state juvenile and adult corrections agencies.
(A) Parents of children with disabilities, individuals with disabilities, teachers, and representatives of institutions of higher education that prepare special education and related services personnel;
(B) State and local education officials, administrators of programs for children with disabilities, representatives of other state agencies involved in the financing or delivery of related services to children with disabilities, representatives of private schools and representatives of public charter schools, if any;
(C) At least one (1) representative of a vocational, community or business organization concerned with the provision of transition services to children with disabilities; and
(D) Representatives from the state juvenile and adult corrections agencies.
(2) The governor shall appoint the members of the advisory council for three-year terms. In making appointments to the advisory council, the governor shall strive to ensure that at least one (1) person serving on the council is sixty (60) years of age or older and that at least one (1) person serving on the council is a member of a racial minority.
(3) Vacancies shall be filled for the unexpired term in the same manner as original appointments.
(4) The advisory council shall be composed of persons broadly representative of community organizations interested in the disabled, professions related to the educational needs of the disabled and the general public.
(c) (1) The advisory council annually shall elect its own chair and vice chair. (2) The director of the division of special education shall meet with and act as secretary to the advisory council and, within available personnel and appropriations, shall furnish meeting facilities and staff services for the advisory council.
(1) The advisory council annually shall elect its own chair and vice chair.
(2) The director of the division of special education shall meet with and act as secretary to the advisory council and, within available personnel and appropriations, shall furnish meeting facilities and staff services for the advisory council.
(d) (1) The department shall regularly submit, as part of its budget requests, an item or items sufficient to cover expenses of the operation of the advisory council and of its members in connection with their attendance at meetings of the advisory council and other advisory council activities. (2) All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
(1) The department shall regularly submit, as part of its budget requests, an item or items sufficient to cover expenses of the operation of the advisory council and of its members in connection with their attendance at meetings of the advisory council and other advisory council activities.
(2) All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
(e) The council shall: (1) Have an opportunity to comment on rules and regulations proposed for issuance pursuant to parts 1-6 of this chapter; (2) Consider any problems presented to it by the governor, the commissioner, the state board of education or the director of the division of special education and give advice on the problems; (3) Review the state plan prepared pursuant to part 3 of this chapter prior to its submission to the governor and general assembly and comment on the plan to the governor, the commissioner, the state board of education and the director; and (4) Make an annual report to the governor, the general assembly and the state board of education, which report shall be available to the general public and shall present its views of the progress or lack of progress made in special education by the state, its agencies and institutions and its school districts during the preceding year.
(1) Have an opportunity to comment on rules and regulations proposed for issuance pursuant to parts 1-6 of this chapter;
(2) Consider any problems presented to it by the governor, the commissioner, the state board of education or the director of the division of special education and give advice on the problems;
(3) Review the state plan prepared pursuant to part 3 of this chapter prior to its submission to the governor and general assembly and comment on the plan to the governor, the commissioner, the state board of education and the director; and
(4) Make an annual report to the governor, the general assembly and the state board of education, which report shall be available to the general public and shall present its views of the progress or lack of progress made in special education by the state, its agencies and institutions and its school districts during the preceding year.
Acts 1972, ch. 839, § 4; 1976, ch. 806, § 1(69); T.C.A., §§ 49-2916, 49-2917; Acts 1988, ch. 1013, § 22; 1994, ch. 768, § 1; 1998, ch. 832, § 3.
Tenn. Code Ann. § 49-9-210 — TN Code / Title 49 / Chapter 9 / Section 49-9-210
Code of ethics - Material violation - Hearing - Vacancy
Status: in_force

(a) The board shall establish and adopt a code of ethics that will apply to and govern the conduct of all appointed members of the board. (b) Notwithstanding any other law to the contrary, by a two-thirds (2/3) vote of its membership, the board may remove any appointed member of the board for a material violation of the code of ethics. (c) A board vote to remove one of its members shall only be taken after the accused member has been afforded a due process contested case hearing in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and a finding has been made that the member did violate the board's code of ethics. (d) If a member is removed in accordance with this section, the position shall be considered vacant and the vacancy shall be filled as provided by law. (e) This section shall be in addition to the prohibition against conflicts of interest by members of the board and possible punishment for violations set out in § 49-9-207 . Acts 2003 , ch. 327, § 3.
(a) The board shall establish and adopt a code of ethics that will apply to and govern the conduct of all appointed members of the board.
(b) Notwithstanding any other law to the contrary, by a two-thirds (2/3) vote of its membership, the board may remove any appointed member of the board for a material violation of the code of ethics.
(c) A board vote to remove one of its members shall only be taken after the accused member has been afforded a due process contested case hearing in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and a finding has been made that the member did violate the board's code of ethics.
(d) If a member is removed in accordance with this section, the position shall be considered vacant and the vacancy shall be filled as provided by law.
(e) This section shall be in addition to the prohibition against conflicts of interest by members of the board and possible punishment for violations set out in § 49-9-207 .
Acts 2003 , ch. 327, § 3.
Tenn. Code Ann. § 49-13-142 — TN Code / Title 49 / Chapter 13 / Section 49-13-142
Oversight and monitoring of charter schools authorized by state board upon appeal from denial of approval of a charter school application by certain LEAs
Status: in_force

(a) This section shall only apply to charter schools authorized by the state board of education upon appeal from a denial of approval of a charter school application by an LEA that contains at least one (1) priority school on the current or last preceding priority school list. (b) (1) Except as provided in subdivision (b)(3), oversight and monitoring of charter schools authorized by the state board of education shall be performed by the state board. As requested, the department of education shall assist the state board with general oversight of any charter school authorized by the state board. (2) A charter school authorized by the state board shall continue to be overseen and monitored by the state board notwithstanding the subsequent removal of all schools in an LEA from the priority school list; provided, however, that in the case of a charter school authorized by the state board but renewed by the LEA in accordance with § 49-13-121 , the LEA becomes the authorizer and shall be responsible for oversight and monitoring of the charter school. (3) A charter school authorized by the state board and the LEA in which the charter school is located may, within thirty (30) calendar days of such authorization, mutually agree that the charter school shall be overseen and monitored by the LEA. Any such agreement shall be filed with the state board in a manner prescribed by the state board. This subdivision (b)(3) shall also apply to charter schools renewed on appeal by the state board. (c) (1) Except as provided in subdivision (c)(2), for accountability purposes under § 49-1-602 , the performance of a charter school authorized by the state board of education shall not be attributable to the LEA. (2) If a charter school authorized by the state board and the LEA in which the charter school is located mutually agree that the charter school shall be overseen and monitored by the LEA pursuant to subdivision (b)(2), then, for accountability purposes under § 49-1-602 , the performance of the charter school shall be attributable to the LEA. (d) The state board shall receive from the department of education or from the LEA in which the charter school is located, as appropriate, an amount equal to the per student state and local funds received by the department or the LEA in which the charter school is located for the students enrolled in a charter school authorized by the state board. The state board shall receive for the charter schools it authorizes all appropriate allocations of federal funds as do other LEAs under federal law or regulations, including, but not limited to, Title I, IDEA, and ESEA funds. All funding allocations and disbursements shall be made in accordance with procedures developed by the department. Funding for charter schools authorized by the state board shall be in accordance with §§ 49-13-112 and 49-13-118 . (e) The department shall determine the amount of the state BEP non-classroom component for capital outlay to be distributed, according to § 49-13-112(c) , to a charter school authorized by the state board. The LEA shall pay to the department one hundred percent (100%) of the required local match under the BEP for capital outlay as a nonclassroom component for distribution to the charter school. (f) A charter school authorized by the state board may contract with the LEA in which the school operates for school support services or student support services, including, but not limited to, food services and transportation. (g) The state board of education is the LEA for all charter schools it authorizes. (h) (1) On July 1, 2021, all charter agreements for which the state board of education is the authorizer shall be transferred, for the remainder of the unexpired term of the charter agreement, to the commission if documentation of mutual agreement to the transfer has been executed by the public charter school's governing body and the commission. (2) Documentation of mutual agreement must be in the form of a written agreement between the public charter school's governing body and the commission. The agreement must include any modification or amendment of the charter agreement as may be mutually agreed upon by the public charter school's governing body and the commission. (3) On July 1, 2021, subject to documentation of mutual agreement, the commission shall assume all authorizer rights under charter agreements executed by the state board of education. (4) The state board of education shall transfer to the commission all student records and public charter school performance data collected and maintained in the performance of the state board of education's duties as an authorizer. (5) The commission, in consultation with the governing body of a public charter school that is operating under a charter agreement that is to be transferred under this subsection (h), shall provide for timely notification of the transfer of the charter agreement, and any modifications or amendments to the charter agreement that are included in the written agreement executed under subdivision (h)(2), to parents or guardians of students enrolled in a public charter school affected by the transfer. (6) If a public charter school's governing body and the commission cannot reach a mutual agreement before July 1, 2021, then the charter agreement authorized by the state board of education terminates on July 1, 2021. (i) Subsections (a)-(g) are repealed on July 1, 2021. Acts 2014, ch. 850, § 2; 2018, ch. 622, §§ 1, 2; 2019, ch. 219, §§ 97, 98. Amended by 2019 Tenn. Acts, ch. 219, Secs.s 97, s 98eff. 4/26/2019. Amended by 2018 Tenn. Acts, ch. 622, s 1, Sec.s 2eff. 4/2/2018. Added by 2014 Tenn. Acts, ch. 850, s 2, eff. 4/30/2014.
(a) This section shall only apply to charter schools authorized by the state board of education upon appeal from a denial of approval of a charter school application by an LEA that contains at least one (1) priority school on the current or last preceding priority school list.
(b) (1) Except as provided in subdivision (b)(3), oversight and monitoring of charter schools authorized by the state board of education shall be performed by the state board. As requested, the department of education shall assist the state board with general oversight of any charter school authorized by the state board. (2) A charter school authorized by the state board shall continue to be overseen and monitored by the state board notwithstanding the subsequent removal of all schools in an LEA from the priority school list; provided, however, that in the case of a charter school authorized by the state board but renewed by the LEA in accordance with § 49-13-121 , the LEA becomes the authorizer and shall be responsible for oversight and monitoring of the charter school. (3) A charter school authorized by the state board and the LEA in which the charter school is located may, within thirty (30) calendar days of such authorization, mutually agree that the charter school shall be overseen and monitored by the LEA. Any such agreement shall be filed with the state board in a manner prescribed by the state board. This subdivision (b)(3) shall also apply to charter schools renewed on appeal by the state board.
(1) Except as provided in subdivision (b)(3), oversight and monitoring of charter schools authorized by the state board of education shall be performed by the state board. As requested, the department of education shall assist the state board with general oversight of any charter school authorized by the state board.
(2) A charter school authorized by the state board shall continue to be overseen and monitored by the state board notwithstanding the subsequent removal of all schools in an LEA from the priority school list; provided, however, that in the case of a charter school authorized by the state board but renewed by the LEA in accordance with § 49-13-121 , the LEA becomes the authorizer and shall be responsible for oversight and monitoring of the charter school.
(3) A charter school authorized by the state board and the LEA in which the charter school is located may, within thirty (30) calendar days of such authorization, mutually agree that the charter school shall be overseen and monitored by the LEA. Any such agreement shall be filed with the state board in a manner prescribed by the state board. This subdivision (b)(3) shall also apply to charter schools renewed on appeal by the state board.
(c) (1) Except as provided in subdivision (c)(2), for accountability purposes under § 49-1-602 , the performance of a charter school authorized by the state board of education shall not be attributable to the LEA. (2) If a charter school authorized by the state board and the LEA in which the charter school is located mutually agree that the charter school shall be overseen and monitored by the LEA pursuant to subdivision (b)(2), then, for accountability purposes under § 49-1-602 , the performance of the charter school shall be attributable to the LEA.
(1) Except as provided in subdivision (c)(2), for accountability purposes under § 49-1-602 , the performance of a charter school authorized by the state board of education shall not be attributable to the LEA.
(2) If a charter school authorized by the state board and the LEA in which the charter school is located mutually agree that the charter school shall be overseen and monitored by the LEA pursuant to subdivision (b)(2), then, for accountability purposes under § 49-1-602 , the performance of the charter school shall be attributable to the LEA.
(d) The state board shall receive from the department of education or from the LEA in which the charter school is located, as appropriate, an amount equal to the per student state and local funds received by the department or the LEA in which the charter school is located for the students enrolled in a charter school authorized by the state board. The state board shall receive for the charter schools it authorizes all appropriate allocations of federal funds as do other LEAs under federal law or regulations, including, but not limited to, Title I, IDEA, and ESEA funds. All funding allocations and disbursements shall be made in accordance with procedures developed by the department. Funding for charter schools authorized by the state board shall be in accordance with §§ 49-13-112 and 49-13-118 .
(e) The department shall determine the amount of the state BEP non-classroom component for capital outlay to be distributed, according to § 49-13-112(c) , to a charter school authorized by the state board. The LEA shall pay to the department one hundred percent (100%) of the required local match under the BEP for capital outlay as a nonclassroom component for distribution to the charter school.
(f) A charter school authorized by the state board may contract with the LEA in which the school operates for school support services or student support services, including, but not limited to, food services and transportation.
(g) The state board of education is the LEA for all charter schools it authorizes.
(h) (1) On July 1, 2021, all charter agreements for which the state board of education is the authorizer shall be transferred, for the remainder of the unexpired term of the charter agreement, to the commission if documentation of mutual agreement to the transfer has been executed by the public charter school's governing body and the commission. (2) Documentation of mutual agreement must be in the form of a written agreement between the public charter school's governing body and the commission. The agreement must include any modification or amendment of the charter agreement as may be mutually agreed upon by the public charter school's governing body and the commission. (3) On July 1, 2021, subject to documentation of mutual agreement, the commission shall assume all authorizer rights under charter agreements executed by the state board of education. (4) The state board of education shall transfer to the commission all student records and public charter school performance data collected and maintained in the performance of the state board of education's duties as an authorizer. (5) The commission, in consultation with the governing body of a public charter school that is operating under a charter agreement that is to be transferred under this subsection (h), shall provide for timely notification of the transfer of the charter agreement, and any modifications or amendments to the charter agreement that are included in the written agreement executed under subdivision (h)(2), to parents or guardians of students enrolled in a public charter school affected by the transfer. (6) If a public charter school's governing body and the commission cannot reach a mutual agreement before July 1, 2021, then the charter agreement authorized by the state board of education terminates on July 1, 2021.
(1) On July 1, 2021, all charter agreements for which the state board of education is the authorizer shall be transferred, for the remainder of the unexpired term of the charter agreement, to the commission if documentation of mutual agreement to the transfer has been executed by the public charter school's governing body and the commission.
(2) Documentation of mutual agreement must be in the form of a written agreement between the public charter school's governing body and the commission. The agreement must include any modification or amendment of the charter agreement as may be mutually agreed upon by the public charter school's governing body and the commission.
(3) On July 1, 2021, subject to documentation of mutual agreement, the commission shall assume all authorizer rights under charter agreements executed by the state board of education.
(4) The state board of education shall transfer to the commission all student records and public charter school performance data collected and maintained in the performance of the state board of education's duties as an authorizer.
(5) The commission, in consultation with the governing body of a public charter school that is operating under a charter agreement that is to be transferred under this subsection (h), shall provide for timely notification of the transfer of the charter agreement, and any modifications or amendments to the charter agreement that are included in the written agreement executed under subdivision (h)(2), to parents or guardians of students enrolled in a public charter school affected by the transfer.
(6) If a public charter school's governing body and the commission cannot reach a mutual agreement before July 1, 2021, then the charter agreement authorized by the state board of education terminates on July 1, 2021.
(i) Subsections (a)-(g) are repealed on July 1, 2021.
Acts 2014, ch. 850, § 2; 2018, ch. 622, §§ 1, 2; 2019, ch. 219, §§ 97, 98.
Amended by 2019 Tenn. Acts, ch. 219, Secs.s 97, s 98eff. 4/26/2019.
Amended by 2018 Tenn. Acts, ch. 622, s 1, Sec.s 2eff. 4/2/2018.
Added by 2014 Tenn. Acts, ch. 850, s 2, eff. 4/30/2014.
Tenn. Code Ann. § 49-1-218 — TN Code / Title 49 / Chapter 1 / Section 49-1-218
Establishment of guidelines for release of education data for research purposes
Status: in_force

The commissioner of education shall establish guidelines regarding the timely and responsible release of education data for research purposes. Acts 2002, ch. 814, § 1.
The commissioner of education shall establish guidelines regarding the timely and responsible release of education data for research purposes.
Acts 2002, ch. 814, § 1.
Tenn. Code Ann. § 49-6-1702 — TN Code / Title 49 / Chapter 6 / Section 49-6-1702
Creation - Administration - Powers
Status: in_force

(a) There is hereby created the Tennessee financial literacy commission for the purpose of raising funds, developing, managing and implementing the plans and programs described in this part. Such educational programs include, but are not limited to, financial literacy education programs for elementary school students and their parents and the promotion of financial literacy in college savings. (b) The commission shall be administered by a board of directors, which shall be selected pursuant to this part. (c) In addition to the powers granted by any other provisions of this part, the board shall have the powers necessary or convenient to carry out the purposes and provisions of this part, the purposes and objectives of the commission and the powers delegated by any other law of this state including, but not limited to, the following express powers: (1) Incorporate the commission as a nonprofit corporation under the Tennessee Nonprofit Corporation Act, compiled in title 48, chapters 51-68, and after such incorporation, to apply for tax exempt status under 26 U.S.C. § 501(c)(3) ; (2) Upon such incorporation, have all the rights and powers of a nonprofit corporation under the Tennessee Nonprofit Corporation Act; (3) Request from any branch, department, division, board, bureau, commission or other agency of the state or any entity that receives state funds, such information as will enable the commission to perform the duties required by this part; (4) Enter into mutual agreements with any state or local government, or subdivision thereof, or any for-profit or not-for-profit entity authorizing the commission to use any facility within the control or jurisdiction of such entity; or for the rendering of any services by any such entity to the commission or by the commission to any such entity, which are for or in connection with the commission's activities; (5) Make, execute and deliver contracts, conveyances and other instruments necessary to the exercise and discharge of the powers and duties of the board; (6) Contract for the provision of all or any part of the services necessary for the management and operation of the commission, and for the development, management and implementation of the plans and programs described in this part; (7) Contract with consultants as necessary or desirable to carry out its responsibilities under this part; (8) Promote, advertise and publicize the commission; (9) Coordinate and promote financial literacy and education efforts at the state and local level, including promoting partnerships among state, and local governments, nonprofit organizations, including the commission, and private enterprises; and (10) Procure and enter into any personal, professional or other type services contract in such manner and under such terms as may be prescribed by the board without regard to the requirements or the provisions of title 12, chapter 4. Acts 2010, ch. 1097, § 1; 2011, ch. 212, § 3; T.C.A. § 49-7-3102 .
(a) There is hereby created the Tennessee financial literacy commission for the purpose of raising funds, developing, managing and implementing the plans and programs described in this part. Such educational programs include, but are not limited to, financial literacy education programs for elementary school students and their parents and the promotion of financial literacy in college savings.
(b) The commission shall be administered by a board of directors, which shall be selected pursuant to this part.
(c) In addition to the powers granted by any other provisions of this part, the board shall have the powers necessary or convenient to carry out the purposes and provisions of this part, the purposes and objectives of the commission and the powers delegated by any other law of this state including, but not limited to, the following express powers: (1) Incorporate the commission as a nonprofit corporation under the Tennessee Nonprofit Corporation Act, compiled in title 48, chapters 51-68, and after such incorporation, to apply for tax exempt status under 26 U.S.C. § 501(c)(3) ; (2) Upon such incorporation, have all the rights and powers of a nonprofit corporation under the Tennessee Nonprofit Corporation Act; (3) Request from any branch, department, division, board, bureau, commission or other agency of the state or any entity that receives state funds, such information as will enable the commission to perform the duties required by this part; (4) Enter into mutual agreements with any state or local government, or subdivision thereof, or any for-profit or not-for-profit entity authorizing the commission to use any facility within the control or jurisdiction of such entity; or for the rendering of any services by any such entity to the commission or by the commission to any such entity, which are for or in connection with the commission's activities; (5) Make, execute and deliver contracts, conveyances and other instruments necessary to the exercise and discharge of the powers and duties of the board; (6) Contract for the provision of all or any part of the services necessary for the management and operation of the commission, and for the development, management and implementation of the plans and programs described in this part; (7) Contract with consultants as necessary or desirable to carry out its responsibilities under this part; (8) Promote, advertise and publicize the commission; (9) Coordinate and promote financial literacy and education efforts at the state and local level, including promoting partnerships among state, and local governments, nonprofit organizations, including the commission, and private enterprises; and (10) Procure and enter into any personal, professional or other type services contract in such manner and under such terms as may be prescribed by the board without regard to the requirements or the provisions of title 12, chapter 4.
(1) Incorporate the commission as a nonprofit corporation under the Tennessee Nonprofit Corporation Act, compiled in title 48, chapters 51-68, and after such incorporation, to apply for tax exempt status under 26 U.S.C. § 501(c)(3) ;
(2) Upon such incorporation, have all the rights and powers of a nonprofit corporation under the Tennessee Nonprofit Corporation Act;
(3) Request from any branch, department, division, board, bureau, commission or other agency of the state or any entity that receives state funds, such information as will enable the commission to perform the duties required by this part;
(4) Enter into mutual agreements with any state or local government, or subdivision thereof, or any for-profit or not-for-profit entity authorizing the commission to use any facility within the control or jurisdiction of such entity; or for the rendering of any services by any such entity to the commission or by the commission to any such entity, which are for or in connection with the commission's activities;
(5) Make, execute and deliver contracts, conveyances and other instruments necessary to the exercise and discharge of the powers and duties of the board;
(6) Contract for the provision of all or any part of the services necessary for the management and operation of the commission, and for the development, management and implementation of the plans and programs described in this part;
(7) Contract with consultants as necessary or desirable to carry out its responsibilities under this part;
(8) Promote, advertise and publicize the commission;
(9) Coordinate and promote financial literacy and education efforts at the state and local level, including promoting partnerships among state, and local governments, nonprofit organizations, including the commission, and private enterprises; and
(10) Procure and enter into any personal, professional or other type services contract in such manner and under such terms as may be prescribed by the board without regard to the requirements or the provisions of title 12, chapter 4.
Acts 2010, ch. 1097, § 1; 2011, ch. 212, § 3; T.C.A. § 49-7-3102 .
Tenn. Code Ann. § 49-7-1601 — TN Code / Title 49 / Chapter 7 / Section 49-7-1601
Short title
Status: in_force

This part shall be known and may be cited as the "Tuition Transparency and Tennessee Responsible Borrowing Initiative Act". Amended by 2020 Tenn. Acts, ch. 744, s 1, eff. 6/22/2020. Added by 2018 Tenn. Acts, ch. 614, s 1, eff. 7/1/2018.
This part shall be known and may be cited as the "Tuition Transparency and Tennessee Responsible Borrowing Initiative Act".
Amended by 2020 Tenn. Acts, ch. 744, s 1, eff. 6/22/2020.
Added by 2018 Tenn. Acts, ch. 614, s 1, eff. 7/1/2018.
Tenn. Code Ann. § 49-2-118 — TN Code / Title 49 / Chapter 2 / Section 49-2-118
Conflict resolution intervention programs
Status: in_force

(a) The department of education shall, using existing resources, develop a conflict resolution program that may be adopted and implemented by LEAs and public charter schools to assist students in any of the grades kindergarten through twelve (K-12) in developing the skills necessary for nonviolent conflict resolution, including, but not limited to, communication skills, social skills, and relaxation techniques. (b) Each LEA and public charter school shall implement an intervention program for students in grades one through six (1-6) that uses conflict resolution and decision-making strategies aimed at preventing occurrences of disruptive acts by students within the school and on school property. Amended by 2024 Tenn. Acts, ch. 676,s 1, eff. 4/11/2024. Amended by 2018 Tenn. Acts, ch. 725, s 26, eff. 4/18/2018. Amended by 2015 Tenn. Acts, ch. 182, s 27, eff. 4/17/2015. Acts 1999, ch. 256, § 2; 2000, ch. 772, § 1; 2001, ch. 44, §§ 1, 2; 2005, ch. 335, §§ 1, 2.
(a) The department of education shall, using existing resources, develop a conflict resolution program that may be adopted and implemented by LEAs and public charter schools to assist students in any of the grades kindergarten through twelve (K-12) in developing the skills necessary for nonviolent conflict resolution, including, but not limited to, communication skills, social skills, and relaxation techniques.
(b) Each LEA and public charter school shall implement an intervention program for students in grades one through six (1-6) that uses conflict resolution and decision-making strategies aimed at preventing occurrences of disruptive acts by students within the school and on school property.
Amended by 2024 Tenn. Acts, ch. 676,s 1, eff. 4/11/2024.
Amended by 2018 Tenn. Acts, ch. 725, s 26, eff. 4/18/2018.
Amended by 2015 Tenn. Acts, ch. 182, s 27, eff. 4/17/2015.
Acts 1999, ch. 256, § 2; 2000, ch. 772, § 1; 2001, ch. 44, §§ 1, 2; 2005, ch. 335, §§ 1, 2.
Tenn. Code Ann. § 49-3-1005 — TN Code / Title 49 / Chapter 3 / Section 49-3-1005
Payment of bonds
Status: in_force

(a) Upon their issuance, these school bonds are binding obligations and debts upon the county, and the county legislative body of the county shall levy annually a tax on all the taxable property of the county for the purpose of paying interest on the bonds as it becomes due and to create a sinking fund with which to retire and pay off the bonds when they mature. In counties having no sinking fund commission, the county mayor shall loan out the school bond sinking fund upon first mortgage real estate security, approved by the county clerk and county director of schools. (b) (1) In the event that there exists any incorporated city or town or special school district within the county that operates its schools independently of the county, the county legislative body, in its discretion, may provide that the bonds shall be payable from taxes levied only upon that portion of taxable property within the county lying outside the territorial limits of the incorporated cities or towns or special school districts so independently operating their schools; and taxes sufficient to pay principal of and interest on the bonds shall be so levied upon such portion of the taxable property lying outside the territorial limits of the incorporated cities or towns or special school districts. (2) In the event that the bonds being issued are payable from a tax levied only on that portion of the taxable property within the county lying outside the territorial limits of incorporated cities or towns, or special school districts that operate their own schools independently of the county, then no part of the proceeds of the bond issue shall be paid over to any such city or town or special school district or districts. (c) The county legislative body of any county issuing bonds under this part, and levying a tax for the retirement of the principal and interest on such bonds only upon that portion of the taxable property within the county lying outside the territorial limits of incorporated cities or towns independently operating their schools, is further authorized in addition to the levy of taxes for the payment of principal and interest on the bonds, to pledge and use for such purpose the proceeds of the county's share of the state sales tax distributed to the county under title 67, chapter 6 or, except in counties with a population of eight hundred thousand (800,000) or more, according to the 1990 federal census or any subsequent federal census, and beginning with bonds issued on or after July 1, 2023, a portion of the TISA base funding amount and a portion of an infrastructure stipend pursuant to § 49-3-107 , subject to the maximum limits established pursuant to § 4-31-1005(g)(2) . (d) The county mayor may purchase bonds at no more than par value on approval of the county clerk and county director of schools; provided, that the school bond sinking fund shall not be loaned for a rate of interest less than the rate of interest on the bonds themselves, and in amounts not exceeding fifty percent (50%) of the value of the real estate security, the interest to be added semiannually to the sinking fund. (e) The county mayor of the county shall give, within sixty (60) days immediately preceding maturity of the bonds or any of them, notice to the holders of the bonds, through some newspaper published in the county seat of the county, for a period of thirty (30) days, stating in the notice the numbers of the bonds and when they shall become due, requesting that they shall be presented for payment or redemption on the date at the place designated in the bonds; and if the bonds are not presented for payment or redemption at the time and place so designated, then the interest on the bonds shall cease. Amended by 2022 Tenn. Acts, ch. 966, s 30, eff. 7/1/2023. Acts 1911, ch. 60, §§ 8, 9, 12; Shan., §§ 1442a12, 1442a13, 1442a16; Code 1932, §§ 2564, 2565, 2568; Acts 1947, ch. 102, §§ 1, 2; C. Supp. 1950, §§ 2563-2565; Acts 1953, ch. 211, §§ 1, 2; T.C.A. (orig. ed.), §§ 49-714 -- 49-718; Acts 1997 , ch. 228, § 1; 2003 , ch. 90, § 2.
(a) Upon their issuance, these school bonds are binding obligations and debts upon the county, and the county legislative body of the county shall levy annually a tax on all the taxable property of the county for the purpose of paying interest on the bonds as it becomes due and to create a sinking fund with which to retire and pay off the bonds when they mature. In counties having no sinking fund commission, the county mayor shall loan out the school bond sinking fund upon first mortgage real estate security, approved by the county clerk and county director of schools.
(b) (1) In the event that there exists any incorporated city or town or special school district within the county that operates its schools independently of the county, the county legislative body, in its discretion, may provide that the bonds shall be payable from taxes levied only upon that portion of taxable property within the county lying outside the territorial limits of the incorporated cities or towns or special school districts so independently operating their schools; and taxes sufficient to pay principal of and interest on the bonds shall be so levied upon such portion of the taxable property lying outside the territorial limits of the incorporated cities or towns or special school districts. (2) In the event that the bonds being issued are payable from a tax levied only on that portion of the taxable property within the county lying outside the territorial limits of incorporated cities or towns, or special school districts that operate their own schools independently of the county, then no part of the proceeds of the bond issue shall be paid over to any such city or town or special school district or districts.
(1) In the event that there exists any incorporated city or town or special school district within the county that operates its schools independently of the county, the county legislative body, in its discretion, may provide that the bonds shall be payable from taxes levied only upon that portion of taxable property within the county lying outside the territorial limits of the incorporated cities or towns or special school districts so independently operating their schools; and taxes sufficient to pay principal of and interest on the bonds shall be so levied upon such portion of the taxable property lying outside the territorial limits of the incorporated cities or towns or special school districts.
(2) In the event that the bonds being issued are payable from a tax levied only on that portion of the taxable property within the county lying outside the territorial limits of incorporated cities or towns, or special school districts that operate their own schools independently of the county, then no part of the proceeds of the bond issue shall be paid over to any such city or town or special school district or districts.
(c) The county legislative body of any county issuing bonds under this part, and levying a tax for the retirement of the principal and interest on such bonds only upon that portion of the taxable property within the county lying outside the territorial limits of incorporated cities or towns independently operating their schools, is further authorized in addition to the levy of taxes for the payment of principal and interest on the bonds, to pledge and use for such purpose the proceeds of the county's share of the state sales tax distributed to the county under title 67, chapter 6 or, except in counties with a population of eight hundred thousand (800,000) or more, according to the 1990 federal census or any subsequent federal census, and beginning with bonds issued on or after July 1, 2023, a portion of the TISA base funding amount and a portion of an infrastructure stipend pursuant to § 49-3-107 , subject to the maximum limits established pursuant to § 4-31-1005(g)(2) .
(d) The county mayor may purchase bonds at no more than par value on approval of the county clerk and county director of schools; provided, that the school bond sinking fund shall not be loaned for a rate of interest less than the rate of interest on the bonds themselves, and in amounts not exceeding fifty percent (50%) of the value of the real estate security, the interest to be added semiannually to the sinking fund.
(e) The county mayor of the county shall give, within sixty (60) days immediately preceding maturity of the bonds or any of them, notice to the holders of the bonds, through some newspaper published in the county seat of the county, for a period of thirty (30) days, stating in the notice the numbers of the bonds and when they shall become due, requesting that they shall be presented for payment or redemption on the date at the place designated in the bonds; and if the bonds are not presented for payment or redemption at the time and place so designated, then the interest on the bonds shall cease.
Amended by 2022 Tenn. Acts, ch. 966, s 30, eff. 7/1/2023.
Acts 1911, ch. 60, §§ 8, 9, 12; Shan., §§ 1442a12, 1442a13, 1442a16; Code 1932, §§ 2564, 2565, 2568; Acts 1947, ch. 102, §§ 1, 2; C. Supp. 1950, §§ 2563-2565; Acts 1953, ch. 211, §§ 1, 2; T.C.A. (orig. ed.), §§ 49-714 -- 49-718; Acts 1997 , ch. 228, § 1; 2003 , ch. 90, § 2.
Tenn. Code Ann. § 49-8-1508 — TN Code / Title 49 / Chapter 8 / Section 49-8-1508
Annual report - Report requirements
Status: in_force

Beginning January 15 following one (1) full school year of operation of an innovative school district and each January 15 thereafter, the local board of education for an innovative school district shall provide a report to the department of education. The report must include: (1) Findings and recommendations based on the research goals developed pursuant to § 49-8-1504(b) ; and (2) Compliance data for the practice and professional development goals developed pursuant to § 49-8-1504(b) . Added by 2024 Tenn. Acts, ch. 1053,s 1, eff. 5/28/2024, app. to the 2024-2025 school year and each school year thereafter.
Beginning January 15 following one (1) full school year of operation of an innovative school district and each January 15 thereafter, the local board of education for an innovative school district shall provide a report to the department of education. The report must include:
(1) Findings and recommendations based on the research goals developed pursuant to § 49-8-1504(b) ; and
(2) Compliance data for the practice and professional development goals developed pursuant to § 49-8-1504(b) .
Added by 2024 Tenn. Acts, ch. 1053,s 1, eff. 5/28/2024, app. to the 2024-2025 school year and each school year thereafter.
Tenn. Code Ann. § 49-5-705 — TN Code / Title 49 / Chapter 5 / Section 49-5-705
Teacher's reinstatement after leave
Status: in_force

Positions vacated for less than twelve (12) months by teachers on leave shall be filled with an interim teacher for such time as the teacher is on leave. Upon return of the teacher within the twelve (12) months, the interim teacher shall relinquish the position, and the teacher shall return to the position. If the leave exceeds twelve (12) months, the teacher shall be placed in the same or a comparable position upon return from leave. Acts 1973, ch. 175, § 1; 1975, ch. 51, § 1; T.C.A., § 49-1315.
Positions vacated for less than twelve (12) months by teachers on leave shall be filled with an interim teacher for such time as the teacher is on leave. Upon return of the teacher within the twelve (12) months, the interim teacher shall relinquish the position, and the teacher shall return to the position. If the leave exceeds twelve (12) months, the teacher shall be placed in the same or a comparable position upon return from leave.
Acts 1973, ch. 175, § 1; 1975, ch. 51, § 1; T.C.A., § 49-1315.