Tenn. Code Ann. § 49-50-1602 — TN Code / Title 49 / Chapter 50 / Section 49-50-1602
Assistance in self-administration of medications - Administration of glucagons and anti-seizure medications by volunteers - Possession and self-administration of asthma-reliever inhalers - Diabetes care
Status: in_force

(a) Notwithstanding any law, policy or guideline to the contrary, a local board of education or a governing board for a nonpublic school may permit an employee or a person under contract to the board to assist in self-administration of medications, under the following conditions: (1) (A) The student must be competent to self-administer nonprescription or prescription medication with assistance; (B) The student's condition, for which the medication is authorized or prescribed, must be stable; (C) The self-administration of the medication must be properly documented; (D) Guidelines, not inconsistent with this section, for the assistance in self-administration of nonprescription or prescription medications by personnel in the school setting, developed by the departments of health and education and approved by the board of nursing, must be followed; (E) The student's parent or guardian must give permission in writing for school personnel to assist with self-administration of medications. The written permission shall be kept in the student's school records; and (F) Assistance with self-administration shall primarily include storage and timely distribution of medication; (2) Health care procedures including administration of medications to students during the school day or at related events shall be performed by appropriately licensed health care professionals in accordance with applicable guidelines of their respective regulatory boards and in conformity with policies and rules of local boards of education or governing boards of nonpublic schools. The student's parent or guardian must give permission in writing for appropriately licensed health care professionals to perform health care procedures and administer medications. The written permission shall be kept in the student's school records; (3) Any person assisting in self-administration of medication or performing health care procedures, including administration of medications under this section, and any local board of education or governing board for a nonpublic school authorizing the self-administration of medications or the performance of health care procedures shall not be liable in any court of law for injury resulting from the reasonable and prudent assistance in the self-administration of such medication or the reasonable performance of the health care procedures, including administration of medications, if performed pursuant to the policies and guidelines developed by the departments of health and education and approved by applicable regulatory or governing boards or agencies; (4) The departments of education and health shall jointly compile an annual report of self-administered medications and health care procedures, including administration of medications as provided for in this part, to students served in all public and nonpublic accredited schools in this state. This report shall be provided to the governor and the general assembly by October 31 of each year and shall include recommendations for meeting the needs for comprehensive school health. (b) In addition to assistance with self-administration of medications provided for in subsection (a), school personnel who volunteer under no duress or pressure and who have been properly trained by a registered nurse employed or contracted by the LEA may administer glucagon in emergency situations and may administer daily insulin to a student based on that student's individual health plan (IHP). However, if a public school nurse is available and on site, the nurse shall provide this service to the student. The public school nurse may train as many school personnel as volunteer and are willing to assist with the care of students with diabetes but should seek to ensure at least two (2) volunteers are available. The nurse shall be under no duress to qualify any volunteer unless such volunteer is trained and deemed by the nurse to be competent. In addition, in order to reduce the number of syringes present in schools, the nurse may encourage the use of an insulin pen, when available and deemed medically appropriate by the student's treating physician. The public school nurse employed or contracted by the LEA shall be responsible for updating and maintaining each IHP. The department of health and the department of education shall jointly amend current Guidelines for Use of Health Care Professionals and Health Procedures in a School Setting to reflect the appropriate procedures for use by registered nurses in training volunteer school personnel to administer glucagon and insulin. The board of nursing shall be afforded the opportunity to review and comment on the guidelines before they take effect and any training begins. The guidelines developed shall be used uniformly by all LEAs that choose to allow volunteer school personnel to administer glucagon and insulin. Training pursuant to subdivision (d)(3) to administer glucagon and insulin shall be repeated annually and competencies shall be documented at least twice a year in the employee's personnel file. The provisions of subdivision (a)(3) regarding protection from liability shall apply also to the volunteers who provide services pursuant to this subsection (b) and the registered nurses who provide their training. (c) Notwithstanding any provision of this title or any other law or rule to the contrary: (1) An LEA must permit possession and self-administration of a prescribed, metered dosage asthma-reliever inhaler by any asthmatic student if the student's parent or guardian: (A) Provides to the school written authorization for student possession and self-administration of the inhaler; and (B) Provides a written statement from the prescribing health care practitioner that the student suffers from asthma and has been instructed in self-administration of the prescribed, metered dosage asthma-reliever inhaler. The statement must also contain the following information: (i) The name and purpose of the medication; (ii) The prescribed dosage; (iii) The time or times the prescribed inhaler is to be regularly administered, as well as any additional special circumstances under which the inhaler is to be administered; and (iv) The length of time for which the inhaler is prescribed; (2) The statements required in subdivision (c)(1) shall be kept on file in the office of the school nurse or school administrator; (3) The LEA shall inform the student's parent or guardian that the school and its employees and agents shall incur no liability as a result of any injury sustained by the student or any other person from possession or self-administration of the inhaler. The student's parent or guardian shall sign a statement acknowledging that the school shall incur no liability and the parent or guardian shall indemnify and hold harmless the school and its employees against any claims relating to the possession or self-administration of the inhaler. Nothing in this subsection (c) shall be construed to relieve liability of the school or its employees for negligence; (4) The permission for self-administration of the prescribed, metered dosage asthma-reliever inhaler shall be effective for the school year in which it is granted and must be renewed each following school year upon fulfilling the requirements of subdivisions (c)(1) and (3). The LEA may suspend or revoke the student's possession and self-administration privileges if the student misuses the inhaler or makes the inhaler available for usage by any other person; and (5) Upon fulfilling the requirements of subdivision (c)(1), an asthmatic student may possess and use the prescribed, metered dose asthma-reliever inhaler when at school, at a school-sponsored activity or before or after normal school activities while on school properties, including school-sponsored child care or after-school programs. (d) (1) Notwithstanding any law, policy, or guideline to the contrary, a local board of education or a governing board for a nonpublic school may permit school personnel to volunteer to assist with the care of students with diabetes under the following conditions: (A) The student's parent or guardian and the student's personal health care team must have developed a medical management plan that lists the health services needed by the student at school and is signed by the student's physician, nurse practitioner or physician assistant; (B) The student's parent or guardian shall have given permission for the school's trained volunteer or school nurse to participate in the care of the student with diabetes. The written permission shall be kept in the student's school records. (C) Assistance in the care of students with diabetes must be documented in accordance with this subsection (d); and (D) The department of education and the department of health shall, after considering recommendations from national organizations involved with diabetes care, jointly amend current "Guidelines for Use of Health Care Professionals and Health Care Procedures in a School Setting" to reflect the appropriate procedures for use by the school registered nurse (RN) in training school personnel who volunteer to assist with the care of students with diabetes. The guidelines may not take effect and no training under the guidelines may take place until the board of nursing has been afforded an opportunity to review and comment on the guidelines. The guidelines must be used uniformly by all LEAs that choose to allow school personnel to volunteer to assist with the care of students with diabetes. (2) The guidelines for assistance with the care of students with diabetes must include the following: (A) Guidelines for recognition, management and treatment of hypoglycemia and hyperglycemia; (B) Guidelines for understanding the individual health plan (IHP) for a student with diabetes with regard to blood glucose level target ranges, schedules for meals and snacks and actions to be taken in the case of schedule disruption; and (C) Guidelines for performing blood glucose monitoring, ketone checking and recording the results and also for performing insulin and glucagon administration. (3) All school nurses must be educated in diabetes care and must have knowledge of the guidelines. School personnel, who volunteer under no duress to assist with the care of students with diabetes, must receive training pursuant to the guidelines from a school RN. The school RN may use certified diabetes educators and licensed nutritionists to assist with the training. All training must be renewed on an annual basis and competency must be noted in the personnel file. No school personnel shall be required to volunteer for the training. School personnel may not be reprimanded, subject to any adverse employment action or punished in any manner for refusing to volunteer. (4) If a school nurse is on-site and available to assist, the school nurse must provide any needed diabetes assistance rather than other trained school personnel volunteering to assist the student. In addition, a school RN has primary responsibility for maintaining all student health records. (5) The following persons shall not be liable in any court of law for injury resulting from reasonable assistance with the care of students with diabetes if performed pursuant to the guidelines developed by the departments of health and education: (A) Any school RN who provides the training; (B) Any person who is trained and whose competency is indicated in the person's personnel file as required in subdivision (d)(3); and (C) Any local board of education or governing board for a nonpublic school that authorizes school personnel to volunteer to assist with the care of students with diabetes. (6) The activities set forth in this subsection (d) shall not constitute the practice of professional nursing unless performed by an individual licensed by the board of nursing. (7) Upon written request of the parent or guardian, and if included in the student's medical management plan and in the IHP, a student with diabetes shall be permitted to perform blood glucose checks, administer insulin, treat hypoglycemia and hyperglycemia and otherwise attend to the care and management of the student's diabetes in any area of the school or school grounds and at any school-related activity, and shall be permitted to possess on the student's person at all times all necessary diabetes monitoring and treatment supplies, including sharps. Any sharps involved in diabetes care and management for a student shall be stored in a secure but accessible location, including on the student's person, until use of the sharps is appropriate. Use and disposal of sharps shall be in compliance with the guidelines set forth by the Tennessee occupational safety and health administration (TOSHA). (8) An LEA shall not assign a student with diabetes to a school other than the school for which the student is zoned or would otherwise regularly attend because the student has diabetes. (9) School RNs who provide training to volunteers under this subsection (d) shall not be subject to any disciplinary or other adverse licensing action by the board of nursing for injury resulting from assistance with the care of students with diabetes if performed pursuant to the guidelines developed by the departments of health and education. (e) (1) A student with anaphylaxis is entitled to possess and self-administer prescription anaphylaxis medication while on school property or at a school-related event or activity if: (A) The prescription anaphylaxis medication has been prescribed for that student as indicated by the prescription label on the medication; (B) The self-administration is done in compliance with the prescription or written instructions from the student's physician or other licensed health care provider; and (C) A parent of the student provides to the school: (i) Written authorization, signed by the parent, for the student to self-administer prescription anaphylaxis medication while on school property or at a school-related event or activity; (ii) A written statement, signed by the parent, in which the parent releases the school district and its employees and agents from liability for an injury arising from the student's self-administration of prescription anaphylaxis medication while on school property or at a school-related event or activity, except in cases of wanton or willful misconduct; and (iii) A written statement from the student's physician or other licensed health care provider, signed by the physician or provider, that: (a) Supports a diagnosis of anaphylaxis; (b) Identifies any food or other substances to which the student is allergic; (c) Describes any prior history of anaphylaxis, if appropriate; (d) Lists any medication prescribed for the child for the treatment of anaphylaxis; (e) Details emergency treatment procedures in the event of a reaction; (f) Lists the signs and symptoms of a reaction; (g) Assesses the student's readiness for self-administration of prescription medication; and (h) Provides a list of substitute meals that may be offered by school food service personnel. (2) The physician's statement must be kept on file in the office of the school nurse of the school the student attends or, if there is not a school nurse, in the office of the principal of the school the student attends. (3) If a student uses the medication in a manner other than prescribed, the student may be subject to disciplinary action under the school codes. (f) (1) The department of education, in conjunction with the department of health, shall develop and make available guidelines for the management of students with life-threatening food allergies to each LEA. The guidelines shall include, but need not be limited to: (A) Education and training for school personnel on the management of students with life-threatening food allergies, including training related to the administration of medication with a cartridge injector; (B) Procedures for responding to life-threatening allergic reactions to food; (C) Procedures for the maintenance of a file by the school nurse or principal for each student at risk for anaphylaxis; (D) Development of communication strategies between individual schools and local providers of emergency medical services, including appropriate instructions for emergency medical response; (E) Development of strategies to reduce the risk of exposure to anaphylactic causative agents in classrooms and common school areas such as the cafeteria; (F) Procedures for the dissemination of information on life threatening food allergies to school staff, parents and students, if appropriate by law; (G) Procedures for authorizing school personnel to administer epinephrine when the school nurse is not immediately available; (H) Procedures for the timely accessibility of epinephrine by school personnel when the nurse is not immediately available; (I) Development of extracurricular programs related to anaphylaxis, such as nonacademic outings and field trips, before and after school programs and school-sponsored programs held on weekends; (J) Creation of an individual health care plan tailored to the needs of each individual child at risk for anaphylaxis, including any procedures for the self-administration of medication by the children in instances where the children are capable of self-administering medication and where such self-administration is otherwise in accordance with this title; and (K) Collection and publication of data for each administration of epinephrine to a student at risk for anaphylaxis. (2) Each LEA shall implement a plan based on the guidelines developed pursuant to subdivision (f)(1) for the management of students with life-threatening food allergies enrolled in the schools under its jurisdiction. (3) (A) It is the intent of the general assembly that schools, both public and nonpublic, be prepared to treat allergic reaction in the event a student's personal epinephrine auto-injector is not available or the student is having a reaction for the first time. (B) Each school in an LEA and each nonpublic school is authorized to maintain at the school in at least two (2) unlocked, secure locations, including, but not limited to, the school office and the school cafeteria, epinephrine auto-injectors so that epinephrine may be administered to any student believed to be having a life-threatening allergic or anaphylactic reaction. (C) Notwithstanding any provision of title 63 to the contrary, a physician may prescribe epinephrine auto-injectors in the name of an LEA or nonpublic school to be maintained for use in schools when necessary. (D) When a student does not have an epinephrine auto-injector or a prescription for an epinephrine auto-injector on file, the school nurse or other trained school personnel may utilize the LEA or nonpublic school supply of epinephrine auto-injectors to respond to an anaphylactic reaction, under a standing protocol from a physician licensed to practice medicine in all its branches. (E) If a student is injured or harmed due to the administration of epinephrine that a physician has prescribed to an LEA or nonpublic school under this subdivision (f)(3), the physician shall not be held responsible for the injury unless the physician issued the prescription or standing protocol with intentional disregard for safety. (F) Similarly, if a student is injured or harmed due to administration of epinephrine to the student by a school nurse or other trained school personnel under this subdivision (f)(3), the school nurse or school employee shall not be held responsible for the injury unless the school nurse or school employee administered the epinephrine injection with an intentional disregard for safety. (g) (1) In addition to the assistance with self-administration of medications provided for in subsection (a), public and nonpublic school personnel who volunteer under no duress or pressure and who have been properly trained by a registered nurse employed or contracted by the LEA or governing board for a nonpublic school may administer anti-seizure medications, including diazepam gel, to a student in an emergency situation based on that student's IHP; however, if a school nurse is available, on site, and able to reach the student within the time limit for administration specified in the IHP, then the nurse shall provide this service to the student. All public schools are subject to all requirements in this subsection (g). Nonpublic schools whose governing boards choose to allow volunteer administration of anti-seizure medications are subject to all requirements of this subsection (g) except those in subdivisions (g)(2) and (7). (2) A nurse employed or contracted by the LEA shall be responsible for updating and maintaining each IHP. (3) The department of health and the department of education shall jointly amend current guidelines for use of health care professionals and health procedures in a school setting to reflect the appropriate procedures for use by registered nurses in training volunteer school personnel to administer anti-seizure medications, including diazepam gel, to a student in an emergency situation. The board of nursing and the Epilepsy Foundations of Tennessee shall be afforded the opportunity to review and comment on the guidelines before they take effect and any training begins. The guidelines developed shall be used uniformly by all LEAs and the governing boards of nonpublic schools that choose to allow volunteer school personnel to administer anti-seizure medications. In addition, the guidelines shall require at least one (1) school employee to serve as a witness on any occasion a volunteer administers anti-seizure medication during an emergency situation, unless a witness is not available within the time limit for administration specified in the IHP. (4) Once a public or private school has determined to allow volunteer staff to administer anti-seizure medication in an emergency situation, the training referenced in subdivision (g)(3) shall be conducted as soon as possible, and shall be repeated annually thereafter. In addition, competencies to administer anti-seizure medications shall be documented in the personnel file of all volunteer school personnel. All volunteers trained to administer anti-seizure medications shall also be trained in cardiopulmonary resuscitation (CPR). (5) Upon the decision of a trained volunteer to administer diazepam gel, school officials shall immediately summon local emergency medical services to the school to provide necessary monitoring or transport to safeguard the health and condition of the student. (6) Trained volunteer school personnel administering anti-seizure medications under this subsection (g), any registered nurse who provides training to administer such medications and any local board of education or governing board for a nonpublic school authorizing the same shall not be liable in any court of law for injury resulting from the reasonable and prudent assistance in the administration of such medications, if performed pursuant to the policies and guidelines developed by the departments of health and education and approved by applicable regulatory or governing boards or agencies. (7) An LEA shall not assign a student with epilepsy or other seizure disorder to a school other than the school for which the student is zoned or would otherwise regularly attend because the student has a seizure disorder. (8) Prior to administration of an anti-seizure medication to a student by volunteer school personnel or a school nurse in an emergency situation, the student's parent or guardian shall provide: (A) The school with a written authorization to administer the medication at school; (B) A written statement from the student's health care practitioner, which statement shall contain the student's name, the name and purpose of the medication, the prescribed dosage, the route of administration, the frequency that the medication may be administered, and the circumstances under which the medication may be administered; and (C) Prior to its date of expiration, the prescribed medication to the school in its unopened, sealed package with the intact label affixed by the dispensing pharmacy. (9) The written authorization required by subdivision (g)(8)(A) shall be kept on file in the office of the school nurse or school administrator. Unless subsequently rescinded in writing, the authorization shall be effective for the entirety of the school year in which it is granted. (10) The school nurse or school administrator shall check monthly the expiration date for each anti-seizure medication in possession of the school. At least one (1) month prior to the expiration date of each medication, the school nurse or administrator shall inform the student's parent or guardian of the expiration date. (11) A student's parent or guardian who has given the student's school written authorization to administer anti-seizure medication shall, in accordance with the student's IHP, notify the school administrator or school nurse if anti-seizure medication or prescription or over-the-counter medicines are administered to the student at a time at which the student is not present at school. The student's IHP shall set forth with specificity the requirements of reporting administration of medication and for the dissemination of such information to volunteer school personnel trained to administer anti-seizure medication. The notification shall be given after administration of medication before or at the beginning of the next school day in which the student is in attendance. Added by 2015 Tenn. Acts, ch. 321,s 1, eff. 7/1/2015.
(a) Notwithstanding any law, policy or guideline to the contrary, a local board of education or a governing board for a nonpublic school may permit an employee or a person under contract to the board to assist in self-administration of medications, under the following conditions: (1) (A) The student must be competent to self-administer nonprescription or prescription medication with assistance; (B) The student's condition, for which the medication is authorized or prescribed, must be stable; (C) The self-administration of the medication must be properly documented; (D) Guidelines, not inconsistent with this section, for the assistance in self-administration of nonprescription or prescription medications by personnel in the school setting, developed by the departments of health and education and approved by the board of nursing, must be followed; (E) The student's parent or guardian must give permission in writing for school personnel to assist with self-administration of medications. The written permission shall be kept in the student's school records; and (F) Assistance with self-administration shall primarily include storage and timely distribution of medication; (2) Health care procedures including administration of medications to students during the school day or at related events shall be performed by appropriately licensed health care professionals in accordance with applicable guidelines of their respective regulatory boards and in conformity with policies and rules of local boards of education or governing boards of nonpublic schools. The student's parent or guardian must give permission in writing for appropriately licensed health care professionals to perform health care procedures and administer medications. The written permission shall be kept in the student's school records; (3) Any person assisting in self-administration of medication or performing health care procedures, including administration of medications under this section, and any local board of education or governing board for a nonpublic school authorizing the self-administration of medications or the performance of health care procedures shall not be liable in any court of law for injury resulting from the reasonable and prudent assistance in the self-administration of such medication or the reasonable performance of the health care procedures, including administration of medications, if performed pursuant to the policies and guidelines developed by the departments of health and education and approved by applicable regulatory or governing boards or agencies; (4) The departments of education and health shall jointly compile an annual report of self-administered medications and health care procedures, including administration of medications as provided for in this part, to students served in all public and nonpublic accredited schools in this state. This report shall be provided to the governor and the general assembly by October 31 of each year and shall include recommendations for meeting the needs for comprehensive school health.
(1) (A) The student must be competent to self-administer nonprescription or prescription medication with assistance; (B) The student's condition, for which the medication is authorized or prescribed, must be stable; (C) The self-administration of the medication must be properly documented; (D) Guidelines, not inconsistent with this section, for the assistance in self-administration of nonprescription or prescription medications by personnel in the school setting, developed by the departments of health and education and approved by the board of nursing, must be followed; (E) The student's parent or guardian must give permission in writing for school personnel to assist with self-administration of medications. The written permission shall be kept in the student's school records; and (F) Assistance with self-administration shall primarily include storage and timely distribution of medication;
(A) The student must be competent to self-administer nonprescription or prescription medication with assistance;
(B) The student's condition, for which the medication is authorized or prescribed, must be stable;
(C) The self-administration of the medication must be properly documented;
(D) Guidelines, not inconsistent with this section, for the assistance in self-administration of nonprescription or prescription medications by personnel in the school setting, developed by the departments of health and education and approved by the board of nursing, must be followed;
(E) The student's parent or guardian must give permission in writing for school personnel to assist with self-administration of medications. The written permission shall be kept in the student's school records; and
(F) Assistance with self-administration shall primarily include storage and timely distribution of medication;
(2) Health care procedures including administration of medications to students during the school day or at related events shall be performed by appropriately licensed health care professionals in accordance with applicable guidelines of their respective regulatory boards and in conformity with policies and rules of local boards of education or governing boards of nonpublic schools. The student's parent or guardian must give permission in writing for appropriately licensed health care professionals to perform health care procedures and administer medications. The written permission shall be kept in the student's school records;
(3) Any person assisting in self-administration of medication or performing health care procedures, including administration of medications under this section, and any local board of education or governing board for a nonpublic school authorizing the self-administration of medications or the performance of health care procedures shall not be liable in any court of law for injury resulting from the reasonable and prudent assistance in the self-administration of such medication or the reasonable performance of the health care procedures, including administration of medications, if performed pursuant to the policies and guidelines developed by the departments of health and education and approved by applicable regulatory or governing boards or agencies;
(4) The departments of education and health shall jointly compile an annual report of self-administered medications and health care procedures, including administration of medications as provided for in this part, to students served in all public and nonpublic accredited schools in this state. This report shall be provided to the governor and the general assembly by October 31 of each year and shall include recommendations for meeting the needs for comprehensive school health.
(b) In addition to assistance with self-administration of medications provided for in subsection (a), school personnel who volunteer under no duress or pressure and who have been properly trained by a registered nurse employed or contracted by the LEA may administer glucagon in emergency situations and may administer daily insulin to a student based on that student's individual health plan (IHP). However, if a public school nurse is available and on site, the nurse shall provide this service to the student. The public school nurse may train as many school personnel as volunteer and are willing to assist with the care of students with diabetes but should seek to ensure at least two (2) volunteers are available. The nurse shall be under no duress to qualify any volunteer unless such volunteer is trained and deemed by the nurse to be competent. In addition, in order to reduce the number of syringes present in schools, the nurse may encourage the use of an insulin pen, when available and deemed medically appropriate by the student's treating physician. The public school nurse employed or contracted by the LEA shall be responsible for updating and maintaining each IHP. The department of health and the department of education shall jointly amend current Guidelines for Use of Health Care Professionals and Health Procedures in a School Setting to reflect the appropriate procedures for use by registered nurses in training volunteer school personnel to administer glucagon and insulin. The board of nursing shall be afforded the opportunity to review and comment on the guidelines before they take effect and any training begins. The guidelines developed shall be used uniformly by all LEAs that choose to allow volunteer school personnel to administer glucagon and insulin. Training pursuant to subdivision (d)(3) to administer glucagon and insulin shall be repeated annually and competencies shall be documented at least twice a year in the employee's personnel file. The provisions of subdivision (a)(3) regarding protection from liability shall apply also to the volunteers who provide services pursuant to this subsection (b) and the registered nurses who provide their training.
(c) Notwithstanding any provision of this title or any other law or rule to the contrary: (1) An LEA must permit possession and self-administration of a prescribed, metered dosage asthma-reliever inhaler by any asthmatic student if the student's parent or guardian: (A) Provides to the school written authorization for student possession and self-administration of the inhaler; and (B) Provides a written statement from the prescribing health care practitioner that the student suffers from asthma and has been instructed in self-administration of the prescribed, metered dosage asthma-reliever inhaler. The statement must also contain the following information: (i) The name and purpose of the medication; (ii) The prescribed dosage; (iii) The time or times the prescribed inhaler is to be regularly administered, as well as any additional special circumstances under which the inhaler is to be administered; and (iv) The length of time for which the inhaler is prescribed; (2) The statements required in subdivision (c)(1) shall be kept on file in the office of the school nurse or school administrator; (3) The LEA shall inform the student's parent or guardian that the school and its employees and agents shall incur no liability as a result of any injury sustained by the student or any other person from possession or self-administration of the inhaler. The student's parent or guardian shall sign a statement acknowledging that the school shall incur no liability and the parent or guardian shall indemnify and hold harmless the school and its employees against any claims relating to the possession or self-administration of the inhaler. Nothing in this subsection (c) shall be construed to relieve liability of the school or its employees for negligence; (4) The permission for self-administration of the prescribed, metered dosage asthma-reliever inhaler shall be effective for the school year in which it is granted and must be renewed each following school year upon fulfilling the requirements of subdivisions (c)(1) and (3). The LEA may suspend or revoke the student's possession and self-administration privileges if the student misuses the inhaler or makes the inhaler available for usage by any other person; and (5) Upon fulfilling the requirements of subdivision (c)(1), an asthmatic student may possess and use the prescribed, metered dose asthma-reliever inhaler when at school, at a school-sponsored activity or before or after normal school activities while on school properties, including school-sponsored child care or after-school programs.
(1) An LEA must permit possession and self-administration of a prescribed, metered dosage asthma-reliever inhaler by any asthmatic student if the student's parent or guardian: (A) Provides to the school written authorization for student possession and self-administration of the inhaler; and (B) Provides a written statement from the prescribing health care practitioner that the student suffers from asthma and has been instructed in self-administration of the prescribed, metered dosage asthma-reliever inhaler. The statement must also contain the following information: (i) The name and purpose of the medication; (ii) The prescribed dosage; (iii) The time or times the prescribed inhaler is to be regularly administered, as well as any additional special circumstances under which the inhaler is to be administered; and (iv) The length of time for which the inhaler is prescribed;
(A) Provides to the school written authorization for student possession and self-administration of the inhaler; and
(B) Provides a written statement from the prescribing health care practitioner that the student suffers from asthma and has been instructed in self-administration of the prescribed, metered dosage asthma-reliever inhaler. The statement must also contain the following information: (i) The name and purpose of the medication; (ii) The prescribed dosage; (iii) The time or times the prescribed inhaler is to be regularly administered, as well as any additional special circumstances under which the inhaler is to be administered; and (iv) The length of time for which the inhaler is prescribed;
(i) The name and purpose of the medication;
(ii) The prescribed dosage;
(iii) The time or times the prescribed inhaler is to be regularly administered, as well as any additional special circumstances under which the inhaler is to be administered; and
(iv) The length of time for which the inhaler is prescribed;
(2) The statements required in subdivision (c)(1) shall be kept on file in the office of the school nurse or school administrator;
(3) The LEA shall inform the student's parent or guardian that the school and its employees and agents shall incur no liability as a result of any injury sustained by the student or any other person from possession or self-administration of the inhaler. The student's parent or guardian shall sign a statement acknowledging that the school shall incur no liability and the parent or guardian shall indemnify and hold harmless the school and its employees against any claims relating to the possession or self-administration of the inhaler. Nothing in this subsection (c) shall be construed to relieve liability of the school or its employees for negligence;
(4) The permission for self-administration of the prescribed, metered dosage asthma-reliever inhaler shall be effective for the school year in which it is granted and must be renewed each following school year upon fulfilling the requirements of subdivisions (c)(1) and (3). The LEA may suspend or revoke the student's possession and self-administration privileges if the student misuses the inhaler or makes the inhaler available for usage by any other person; and
(5) Upon fulfilling the requirements of subdivision (c)(1), an asthmatic student may possess and use the prescribed, metered dose asthma-reliever inhaler when at school, at a school-sponsored activity or before or after normal school activities while on school properties, including school-sponsored child care or after-school programs.
(d) (1) Notwithstanding any law, policy, or guideline to the contrary, a local board of education or a governing board for a nonpublic school may permit school personnel to volunteer to assist with the care of students with diabetes under the following conditions: (A) The student's parent or guardian and the student's personal health care team must have developed a medical management plan that lists the health services needed by the student at school and is signed by the student's physician, nurse practitioner or physician assistant; (B) The student's parent or guardian shall have given permission for the school's trained volunteer or school nurse to participate in the care of the student with diabetes. The written permission shall be kept in the student's school records. (C) Assistance in the care of students with diabetes must be documented in accordance with this subsection (d); and (D) The department of education and the department of health shall, after considering recommendations from national organizations involved with diabetes care, jointly amend current "Guidelines for Use of Health Care Professionals and Health Care Procedures in a School Setting" to reflect the appropriate procedures for use by the school registered nurse (RN) in training school personnel who volunteer to assist with the care of students with diabetes. The guidelines may not take effect and no training under the guidelines may take place until the board of nursing has been afforded an opportunity to review and comment on the guidelines. The guidelines must be used uniformly by all LEAs that choose to allow school personnel to volunteer to assist with the care of students with diabetes. (2) The guidelines for assistance with the care of students with diabetes must include the following: (A) Guidelines for recognition, management and treatment of hypoglycemia and hyperglycemia; (B) Guidelines for understanding the individual health plan (IHP) for a student with diabetes with regard to blood glucose level target ranges, schedules for meals and snacks and actions to be taken in the case of schedule disruption; and (C) Guidelines for performing blood glucose monitoring, ketone checking and recording the results and also for performing insulin and glucagon administration. (3) All school nurses must be educated in diabetes care and must have knowledge of the guidelines. School personnel, who volunteer under no duress to assist with the care of students with diabetes, must receive training pursuant to the guidelines from a school RN. The school RN may use certified diabetes educators and licensed nutritionists to assist with the training. All training must be renewed on an annual basis and competency must be noted in the personnel file. No school personnel shall be required to volunteer for the training. School personnel may not be reprimanded, subject to any adverse employment action or punished in any manner for refusing to volunteer. (4) If a school nurse is on-site and available to assist, the school nurse must provide any needed diabetes assistance rather than other trained school personnel volunteering to assist the student. In addition, a school RN has primary responsibility for maintaining all student health records. (5) The following persons shall not be liable in any court of law for injury resulting from reasonable assistance with the care of students with diabetes if performed pursuant to the guidelines developed by the departments of health and education: (A) Any school RN who provides the training; (B) Any person who is trained and whose competency is indicated in the person's personnel file as required in subdivision (d)(3); and (C) Any local board of education or governing board for a nonpublic school that authorizes school personnel to volunteer to assist with the care of students with diabetes. (6) The activities set forth in this subsection (d) shall not constitute the practice of professional nursing unless performed by an individual licensed by the board of nursing. (7) Upon written request of the parent or guardian, and if included in the student's medical management plan and in the IHP, a student with diabetes shall be permitted to perform blood glucose checks, administer insulin, treat hypoglycemia and hyperglycemia and otherwise attend to the care and management of the student's diabetes in any area of the school or school grounds and at any school-related activity, and shall be permitted to possess on the student's person at all times all necessary diabetes monitoring and treatment supplies, including sharps. Any sharps involved in diabetes care and management for a student shall be stored in a secure but accessible location, including on the student's person, until use of the sharps is appropriate. Use and disposal of sharps shall be in compliance with the guidelines set forth by the Tennessee occupational safety and health administration (TOSHA). (8) An LEA shall not assign a student with diabetes to a school other than the school for which the student is zoned or would otherwise regularly attend because the student has diabetes. (9) School RNs who provide training to volunteers under this subsection (d) shall not be subject to any disciplinary or other adverse licensing action by the board of nursing for injury resulting from assistance with the care of students with diabetes if performed pursuant to the guidelines developed by the departments of health and education.
(1) Notwithstanding any law, policy, or guideline to the contrary, a local board of education or a governing board for a nonpublic school may permit school personnel to volunteer to assist with the care of students with diabetes under the following conditions: (A) The student's parent or guardian and the student's personal health care team must have developed a medical management plan that lists the health services needed by the student at school and is signed by the student's physician, nurse practitioner or physician assistant; (B) The student's parent or guardian shall have given permission for the school's trained volunteer or school nurse to participate in the care of the student with diabetes. The written permission shall be kept in the student's school records. (C) Assistance in the care of students with diabetes must be documented in accordance with this subsection (d); and (D) The department of education and the department of health shall, after considering recommendations from national organizations involved with diabetes care, jointly amend current "Guidelines for Use of Health Care Professionals and Health Care Procedures in a School Setting" to reflect the appropriate procedures for use by the school registered nurse (RN) in training school personnel who volunteer to assist with the care of students with diabetes. The guidelines may not take effect and no training under the guidelines may take place until the board of nursing has been afforded an opportunity to review and comment on the guidelines. The guidelines must be used uniformly by all LEAs that choose to allow school personnel to volunteer to assist with the care of students with diabetes.
(A) The student's parent or guardian and the student's personal health care team must have developed a medical management plan that lists the health services needed by the student at school and is signed by the student's physician, nurse practitioner or physician assistant;
(B) The student's parent or guardian shall have given permission for the school's trained volunteer or school nurse to participate in the care of the student with diabetes. The written permission shall be kept in the student's school records.
(C) Assistance in the care of students with diabetes must be documented in accordance with this subsection (d); and
(D) The department of education and the department of health shall, after considering recommendations from national organizations involved with diabetes care, jointly amend current "Guidelines for Use of Health Care Professionals and Health Care Procedures in a School Setting" to reflect the appropriate procedures for use by the school registered nurse (RN) in training school personnel who volunteer to assist with the care of students with diabetes. The guidelines may not take effect and no training under the guidelines may take place until the board of nursing has been afforded an opportunity to review and comment on the guidelines. The guidelines must be used uniformly by all LEAs that choose to allow school personnel to volunteer to assist with the care of students with diabetes.
(2) The guidelines for assistance with the care of students with diabetes must include the following: (A) Guidelines for recognition, management and treatment of hypoglycemia and hyperglycemia; (B) Guidelines for understanding the individual health plan (IHP) for a student with diabetes with regard to blood glucose level target ranges, schedules for meals and snacks and actions to be taken in the case of schedule disruption; and (C) Guidelines for performing blood glucose monitoring, ketone checking and recording the results and also for performing insulin and glucagon administration.
(A) Guidelines for recognition, management and treatment of hypoglycemia and hyperglycemia;
(B) Guidelines for understanding the individual health plan (IHP) for a student with diabetes with regard to blood glucose level target ranges, schedules for meals and snacks and actions to be taken in the case of schedule disruption; and
(C) Guidelines for performing blood glucose monitoring, ketone checking and recording the results and also for performing insulin and glucagon administration.
(3) All school nurses must be educated in diabetes care and must have knowledge of the guidelines. School personnel, who volunteer under no duress to assist with the care of students with diabetes, must receive training pursuant to the guidelines from a school RN. The school RN may use certified diabetes educators and licensed nutritionists to assist with the training. All training must be renewed on an annual basis and competency must be noted in the personnel file. No school personnel shall be required to volunteer for the training. School personnel may not be reprimanded, subject to any adverse employment action or punished in any manner for refusing to volunteer.
(4) If a school nurse is on-site and available to assist, the school nurse must provide any needed diabetes assistance rather than other trained school personnel volunteering to assist the student. In addition, a school RN has primary responsibility for maintaining all student health records.
(5) The following persons shall not be liable in any court of law for injury resulting from reasonable assistance with the care of students with diabetes if performed pursuant to the guidelines developed by the departments of health and education: (A) Any school RN who provides the training; (B) Any person who is trained and whose competency is indicated in the person's personnel file as required in subdivision (d)(3); and (C) Any local board of education or governing board for a nonpublic school that authorizes school personnel to volunteer to assist with the care of students with diabetes.
(A) Any school RN who provides the training;
(B) Any person who is trained and whose competency is indicated in the person's personnel file as required in subdivision (d)(3); and
(C) Any local board of education or governing board for a nonpublic school that authorizes school personnel to volunteer to assist with the care of students with diabetes.
(6) The activities set forth in this subsection (d) shall not constitute the practice of professional nursing unless performed by an individual licensed by the board of nursing.
(7) Upon written request of the parent or guardian, and if included in the student's medical management plan and in the IHP, a student with diabetes shall be permitted to perform blood glucose checks, administer insulin, treat hypoglycemia and hyperglycemia and otherwise attend to the care and management of the student's diabetes in any area of the school or school grounds and at any school-related activity, and shall be permitted to possess on the student's person at all times all necessary diabetes monitoring and treatment supplies, including sharps. Any sharps involved in diabetes care and management for a student shall be stored in a secure but accessible location, including on the student's person, until use of the sharps is appropriate. Use and disposal of sharps shall be in compliance with the guidelines set forth by the Tennessee occupational safety and health administration (TOSHA).
(8) An LEA shall not assign a student with diabetes to a school other than the school for which the student is zoned or would otherwise regularly attend because the student has diabetes.
(9) School RNs who provide training to volunteers under this subsection (d) shall not be subject to any disciplinary or other adverse licensing action by the board of nursing for injury resulting from assistance with the care of students with diabetes if performed pursuant to the guidelines developed by the departments of health and education.
(e) (1) A student with anaphylaxis is entitled to possess and self-administer prescription anaphylaxis medication while on school property or at a school-related event or activity if: (A) The prescription anaphylaxis medication has been prescribed for that student as indicated by the prescription label on the medication; (B) The self-administration is done in compliance with the prescription or written instructions from the student's physician or other licensed health care provider; and (C) A parent of the student provides to the school: (i) Written authorization, signed by the parent, for the student to self-administer prescription anaphylaxis medication while on school property or at a school-related event or activity; (ii) A written statement, signed by the parent, in which the parent releases the school district and its employees and agents from liability for an injury arising from the student's self-administration of prescription anaphylaxis medication while on school property or at a school-related event or activity, except in cases of wanton or willful misconduct; and (iii) A written statement from the student's physician or other licensed health care provider, signed by the physician or provider, that: (a) Supports a diagnosis of anaphylaxis; (b) Identifies any food or other substances to which the student is allergic; (c) Describes any prior history of anaphylaxis, if appropriate; (d) Lists any medication prescribed for the child for the treatment of anaphylaxis; (e) Details emergency treatment procedures in the event of a reaction; (f) Lists the signs and symptoms of a reaction; (g) Assesses the student's readiness for self-administration of prescription medication; and (h) Provides a list of substitute meals that may be offered by school food service personnel. (2) The physician's statement must be kept on file in the office of the school nurse of the school the student attends or, if there is not a school nurse, in the office of the principal of the school the student attends. (3) If a student uses the medication in a manner other than prescribed, the student may be subject to disciplinary action under the school codes.
(1) A student with anaphylaxis is entitled to possess and self-administer prescription anaphylaxis medication while on school property or at a school-related event or activity if: (A) The prescription anaphylaxis medication has been prescribed for that student as indicated by the prescription label on the medication; (B) The self-administration is done in compliance with the prescription or written instructions from the student's physician or other licensed health care provider; and (C) A parent of the student provides to the school: (i) Written authorization, signed by the parent, for the student to self-administer prescription anaphylaxis medication while on school property or at a school-related event or activity; (ii) A written statement, signed by the parent, in which the parent releases the school district and its employees and agents from liability for an injury arising from the student's self-administration of prescription anaphylaxis medication while on school property or at a school-related event or activity, except in cases of wanton or willful misconduct; and (iii) A written statement from the student's physician or other licensed health care provider, signed by the physician or provider, that: (a) Supports a diagnosis of anaphylaxis; (b) Identifies any food or other substances to which the student is allergic; (c) Describes any prior history of anaphylaxis, if appropriate; (d) Lists any medication prescribed for the child for the treatment of anaphylaxis; (e) Details emergency treatment procedures in the event of a reaction; (f) Lists the signs and symptoms of a reaction; (g) Assesses the student's readiness for self-administration of prescription medication; and (h) Provides a list of substitute meals that may be offered by school food service personnel.
(A) The prescription anaphylaxis medication has been prescribed for that student as indicated by the prescription label on the medication;
(B) The self-administration is done in compliance with the prescription or written instructions from the student's physician or other licensed health care provider; and
(C) A parent of the student provides to the school: (i) Written authorization, signed by the parent, for the student to self-administer prescription anaphylaxis medication while on school property or at a school-related event or activity; (ii) A written statement, signed by the parent, in which the parent releases the school district and its employees and agents from liability for an injury arising from the student's self-administration of prescription anaphylaxis medication while on school property or at a school-related event or activity, except in cases of wanton or willful misconduct; and (iii) A written statement from the student's physician or other licensed health care provider, signed by the physician or provider, that: (a) Supports a diagnosis of anaphylaxis; (b) Identifies any food or other substances to which the student is allergic; (c) Describes any prior history of anaphylaxis, if appropriate; (d) Lists any medication prescribed for the child for the treatment of anaphylaxis; (e) Details emergency treatment procedures in the event of a reaction; (f) Lists the signs and symptoms of a reaction; (g) Assesses the student's readiness for self-administration of prescription medication; and (h) Provides a list of substitute meals that may be offered by school food service personnel.
(i) Written authorization, signed by the parent, for the student to self-administer prescription anaphylaxis medication while on school property or at a school-related event or activity;
(ii) A written statement, signed by the parent, in which the parent releases the school district and its employees and agents from liability for an injury arising from the student's self-administration of prescription anaphylaxis medication while on school property or at a school-related event or activity, except in cases of wanton or willful misconduct; and
(iii) A written statement from the student's physician or other licensed health care provider, signed by the physician or provider, that: (a) Supports a diagnosis of anaphylaxis; (b) Identifies any food or other substances to which the student is allergic; (c) Describes any prior history of anaphylaxis, if appropriate; (d) Lists any medication prescribed for the child for the treatment of anaphylaxis; (e) Details emergency treatment procedures in the event of a reaction; (f) Lists the signs and symptoms of a reaction; (g) Assesses the student's readiness for self-administration of prescription medication; and (h) Provides a list of substitute meals that may be offered by school food service personnel.
(a) Supports a diagnosis of anaphylaxis;
(b) Identifies any food or other substances to which the student is allergic;
(c) Describes any prior history of anaphylaxis, if appropriate;
(d) Lists any medication prescribed for the child for the treatment of anaphylaxis;
(e) Details emergency treatment procedures in the event of a reaction;
(f) Lists the signs and symptoms of a reaction;
(g) Assesses the student's readiness for self-administration of prescription medication; and
(h) Provides a list of substitute meals that may be offered by school food service personnel.
(2) The physician's statement must be kept on file in the office of the school nurse of the school the student attends or, if there is not a school nurse, in the office of the principal of the school the student attends.
(3) If a student uses the medication in a manner other than prescribed, the student may be subject to disciplinary action under the school codes.
(f) (1) The department of education, in conjunction with the department of health, shall develop and make available guidelines for the management of students with life-threatening food allergies to each LEA. The guidelines shall include, but need not be limited to: (A) Education and training for school personnel on the management of students with life-threatening food allergies, including training related to the administration of medication with a cartridge injector; (B) Procedures for responding to life-threatening allergic reactions to food; (C) Procedures for the maintenance of a file by the school nurse or principal for each student at risk for anaphylaxis; (D) Development of communication strategies between individual schools and local providers of emergency medical services, including appropriate instructions for emergency medical response; (E) Development of strategies to reduce the risk of exposure to anaphylactic causative agents in classrooms and common school areas such as the cafeteria; (F) Procedures for the dissemination of information on life threatening food allergies to school staff, parents and students, if appropriate by law; (G) Procedures for authorizing school personnel to administer epinephrine when the school nurse is not immediately available; (H) Procedures for the timely accessibility of epinephrine by school personnel when the nurse is not immediately available; (I) Development of extracurricular programs related to anaphylaxis, such as nonacademic outings and field trips, before and after school programs and school-sponsored programs held on weekends; (J) Creation of an individual health care plan tailored to the needs of each individual child at risk for anaphylaxis, including any procedures for the self-administration of medication by the children in instances where the children are capable of self-administering medication and where such self-administration is otherwise in accordance with this title; and (K) Collection and publication of data for each administration of epinephrine to a student at risk for anaphylaxis. (2) Each LEA shall implement a plan based on the guidelines developed pursuant to subdivision (f)(1) for the management of students with life-threatening food allergies enrolled in the schools under its jurisdiction. (3) (A) It is the intent of the general assembly that schools, both public and nonpublic, be prepared to treat allergic reaction in the event a student's personal epinephrine auto-injector is not available or the student is having a reaction for the first time. (B) Each school in an LEA and each nonpublic school is authorized to maintain at the school in at least two (2) unlocked, secure locations, including, but not limited to, the school office and the school cafeteria, epinephrine auto-injectors so that epinephrine may be administered to any student believed to be having a life-threatening allergic or anaphylactic reaction. (C) Notwithstanding any provision of title 63 to the contrary, a physician may prescribe epinephrine auto-injectors in the name of an LEA or nonpublic school to be maintained for use in schools when necessary. (D) When a student does not have an epinephrine auto-injector or a prescription for an epinephrine auto-injector on file, the school nurse or other trained school personnel may utilize the LEA or nonpublic school supply of epinephrine auto-injectors to respond to an anaphylactic reaction, under a standing protocol from a physician licensed to practice medicine in all its branches. (E) If a student is injured or harmed due to the administration of epinephrine that a physician has prescribed to an LEA or nonpublic school under this subdivision (f)(3), the physician shall not be held responsible for the injury unless the physician issued the prescription or standing protocol with intentional disregard for safety. (F) Similarly, if a student is injured or harmed due to administration of epinephrine to the student by a school nurse or other trained school personnel under this subdivision (f)(3), the school nurse or school employee shall not be held responsible for the injury unless the school nurse or school employee administered the epinephrine injection with an intentional disregard for safety.
(1) The department of education, in conjunction with the department of health, shall develop and make available guidelines for the management of students with life-threatening food allergies to each LEA. The guidelines shall include, but need not be limited to: (A) Education and training for school personnel on the management of students with life-threatening food allergies, including training related to the administration of medication with a cartridge injector; (B) Procedures for responding to life-threatening allergic reactions to food; (C) Procedures for the maintenance of a file by the school nurse or principal for each student at risk for anaphylaxis; (D) Development of communication strategies between individual schools and local providers of emergency medical services, including appropriate instructions for emergency medical response; (E) Development of strategies to reduce the risk of exposure to anaphylactic causative agents in classrooms and common school areas such as the cafeteria; (F) Procedures for the dissemination of information on life threatening food allergies to school staff, parents and students, if appropriate by law; (G) Procedures for authorizing school personnel to administer epinephrine when the school nurse is not immediately available; (H) Procedures for the timely accessibility of epinephrine by school personnel when the nurse is not immediately available; (I) Development of extracurricular programs related to anaphylaxis, such as nonacademic outings and field trips, before and after school programs and school-sponsored programs held on weekends; (J) Creation of an individual health care plan tailored to the needs of each individual child at risk for anaphylaxis, including any procedures for the self-administration of medication by the children in instances where the children are capable of self-administering medication and where such self-administration is otherwise in accordance with this title; and (K) Collection and publication of data for each administration of epinephrine to a student at risk for anaphylaxis.
(A) Education and training for school personnel on the management of students with life-threatening food allergies, including training related to the administration of medication with a cartridge injector;
(B) Procedures for responding to life-threatening allergic reactions to food;
(C) Procedures for the maintenance of a file by the school nurse or principal for each student at risk for anaphylaxis;
(D) Development of communication strategies between individual schools and local providers of emergency medical services, including appropriate instructions for emergency medical response;
(E) Development of strategies to reduce the risk of exposure to anaphylactic causative agents in classrooms and common school areas such as the cafeteria;
(F) Procedures for the dissemination of information on life threatening food allergies to school staff, parents and students, if appropriate by law;
(G) Procedures for authorizing school personnel to administer epinephrine when the school nurse is not immediately available;
(H) Procedures for the timely accessibility of epinephrine by school personnel when the nurse is not immediately available;
(I) Development of extracurricular programs related to anaphylaxis, such as nonacademic outings and field trips, before and after school programs and school-sponsored programs held on weekends;
(J) Creation of an individual health care plan tailored to the needs of each individual child at risk for anaphylaxis, including any procedures for the self-administration of medication by the children in instances where the children are capable of self-administering medication and where such self-administration is otherwise in accordance with this title; and
(K) Collection and publication of data for each administration of epinephrine to a student at risk for anaphylaxis.
(2) Each LEA shall implement a plan based on the guidelines developed pursuant to subdivision (f)(1) for the management of students with life-threatening food allergies enrolled in the schools under its jurisdiction.
(3) (A) It is the intent of the general assembly that schools, both public and nonpublic, be prepared to treat allergic reaction in the event a student's personal epinephrine auto-injector is not available or the student is having a reaction for the first time. (B) Each school in an LEA and each nonpublic school is authorized to maintain at the school in at least two (2) unlocked, secure locations, including, but not limited to, the school office and the school cafeteria, epinephrine auto-injectors so that epinephrine may be administered to any student believed to be having a life-threatening allergic or anaphylactic reaction. (C) Notwithstanding any provision of title 63 to the contrary, a physician may prescribe epinephrine auto-injectors in the name of an LEA or nonpublic school to be maintained for use in schools when necessary. (D) When a student does not have an epinephrine auto-injector or a prescription for an epinephrine auto-injector on file, the school nurse or other trained school personnel may utilize the LEA or nonpublic school supply of epinephrine auto-injectors to respond to an anaphylactic reaction, under a standing protocol from a physician licensed to practice medicine in all its branches. (E) If a student is injured or harmed due to the administration of epinephrine that a physician has prescribed to an LEA or nonpublic school under this subdivision (f)(3), the physician shall not be held responsible for the injury unless the physician issued the prescription or standing protocol with intentional disregard for safety. (F) Similarly, if a student is injured or harmed due to administration of epinephrine to the student by a school nurse or other trained school personnel under this subdivision (f)(3), the school nurse or school employee shall not be held responsible for the injury unless the school nurse or school employee administered the epinephrine injection with an intentional disregard for safety.
(A) It is the intent of the general assembly that schools, both public and nonpublic, be prepared to treat allergic reaction in the event a student's personal epinephrine auto-injector is not available or the student is having a reaction for the first time.
(B) Each school in an LEA and each nonpublic school is authorized to maintain at the school in at least two (2) unlocked, secure locations, including, but not limited to, the school office and the school cafeteria, epinephrine auto-injectors so that epinephrine may be administered to any student believed to be having a life-threatening allergic or anaphylactic reaction.
(C) Notwithstanding any provision of title 63 to the contrary, a physician may prescribe epinephrine auto-injectors in the name of an LEA or nonpublic school to be maintained for use in schools when necessary.
(D) When a student does not have an epinephrine auto-injector or a prescription for an epinephrine auto-injector on file, the school nurse or other trained school personnel may utilize the LEA or nonpublic school supply of epinephrine auto-injectors to respond to an anaphylactic reaction, under a standing protocol from a physician licensed to practice medicine in all its branches.
(E) If a student is injured or harmed due to the administration of epinephrine that a physician has prescribed to an LEA or nonpublic school under this subdivision (f)(3), the physician shall not be held responsible for the injury unless the physician issued the prescription or standing protocol with intentional disregard for safety.
(F) Similarly, if a student is injured or harmed due to administration of epinephrine to the student by a school nurse or other trained school personnel under this subdivision (f)(3), the school nurse or school employee shall not be held responsible for the injury unless the school nurse or school employee administered the epinephrine injection with an intentional disregard for safety.
(g) (1) In addition to the assistance with self-administration of medications provided for in subsection (a), public and nonpublic school personnel who volunteer under no duress or pressure and who have been properly trained by a registered nurse employed or contracted by the LEA or governing board for a nonpublic school may administer anti-seizure medications, including diazepam gel, to a student in an emergency situation based on that student's IHP; however, if a school nurse is available, on site, and able to reach the student within the time limit for administration specified in the IHP, then the nurse shall provide this service to the student. All public schools are subject to all requirements in this subsection (g). Nonpublic schools whose governing boards choose to allow volunteer administration of anti-seizure medications are subject to all requirements of this subsection (g) except those in subdivisions (g)(2) and (7). (2) A nurse employed or contracted by the LEA shall be responsible for updating and maintaining each IHP. (3) The department of health and the department of education shall jointly amend current guidelines for use of health care professionals and health procedures in a school setting to reflect the appropriate procedures for use by registered nurses in training volunteer school personnel to administer anti-seizure medications, including diazepam gel, to a student in an emergency situation. The board of nursing and the Epilepsy Foundations of Tennessee shall be afforded the opportunity to review and comment on the guidelines before they take effect and any training begins. The guidelines developed shall be used uniformly by all LEAs and the governing boards of nonpublic schools that choose to allow volunteer school personnel to administer anti-seizure medications. In addition, the guidelines shall require at least one (1) school employee to serve as a witness on any occasion a volunteer administers anti-seizure medication during an emergency situation, unless a witness is not available within the time limit for administration specified in the IHP. (4) Once a public or private school has determined to allow volunteer staff to administer anti-seizure medication in an emergency situation, the training referenced in subdivision (g)(3) shall be conducted as soon as possible, and shall be repeated annually thereafter. In addition, competencies to administer anti-seizure medications shall be documented in the personnel file of all volunteer school personnel. All volunteers trained to administer anti-seizure medications shall also be trained in cardiopulmonary resuscitation (CPR). (5) Upon the decision of a trained volunteer to administer diazepam gel, school officials shall immediately summon local emergency medical services to the school to provide necessary monitoring or transport to safeguard the health and condition of the student. (6) Trained volunteer school personnel administering anti-seizure medications under this subsection (g), any registered nurse who provides training to administer such medications and any local board of education or governing board for a nonpublic school authorizing the same shall not be liable in any court of law for injury resulting from the reasonable and prudent assistance in the administration of such medications, if performed pursuant to the policies and guidelines developed by the departments of health and education and approved by applicable regulatory or governing boards or agencies. (7) An LEA shall not assign a student with epilepsy or other seizure disorder to a school other than the school for which the student is zoned or would otherwise regularly attend because the student has a seizure disorder. (8) Prior to administration of an anti-seizure medication to a student by volunteer school personnel or a school nurse in an emergency situation, the student's parent or guardian shall provide: (A) The school with a written authorization to administer the medication at school; (B) A written statement from the student's health care practitioner, which statement shall contain the student's name, the name and purpose of the medication, the prescribed dosage, the route of administration, the frequency that the medication may be administered, and the circumstances under which the medication may be administered; and (C) Prior to its date of expiration, the prescribed medication to the school in its unopened, sealed package with the intact label affixed by the dispensing pharmacy. (9) The written authorization required by subdivision (g)(8)(A) shall be kept on file in the office of the school nurse or school administrator. Unless subsequently rescinded in writing, the authorization shall be effective for the entirety of the school year in which it is granted. (10) The school nurse or school administrator shall check monthly the expiration date for each anti-seizure medication in possession of the school. At least one (1) month prior to the expiration date of each medication, the school nurse or administrator shall inform the student's parent or guardian of the expiration date. (11) A student's parent or guardian who has given the student's school written authorization to administer anti-seizure medication shall, in accordance with the student's IHP, notify the school administrator or school nurse if anti-seizure medication or prescription or over-the-counter medicines are administered to the student at a time at which the student is not present at school. The student's IHP shall set forth with specificity the requirements of reporting administration of medication and for the dissemination of such information to volunteer school personnel trained to administer anti-seizure medication. The notification shall be given after administration of medication before or at the beginning of the next school day in which the student is in attendance.
(1) In addition to the assistance with self-administration of medications provided for in subsection (a), public and nonpublic school personnel who volunteer under no duress or pressure and who have been properly trained by a registered nurse employed or contracted by the LEA or governing board for a nonpublic school may administer anti-seizure medications, including diazepam gel, to a student in an emergency situation based on that student's IHP; however, if a school nurse is available, on site, and able to reach the student within the time limit for administration specified in the IHP, then the nurse shall provide this service to the student. All public schools are subject to all requirements in this subsection (g). Nonpublic schools whose governing boards choose to allow volunteer administration of anti-seizure medications are subject to all requirements of this subsection (g) except those in subdivisions (g)(2) and (7).
(2) A nurse employed or contracted by the LEA shall be responsible for updating and maintaining each IHP.
(3) The department of health and the department of education shall jointly amend current guidelines for use of health care professionals and health procedures in a school setting to reflect the appropriate procedures for use by registered nurses in training volunteer school personnel to administer anti-seizure medications, including diazepam gel, to a student in an emergency situation. The board of nursing and the Epilepsy Foundations of Tennessee shall be afforded the opportunity to review and comment on the guidelines before they take effect and any training begins. The guidelines developed shall be used uniformly by all LEAs and the governing boards of nonpublic schools that choose to allow volunteer school personnel to administer anti-seizure medications. In addition, the guidelines shall require at least one (1) school employee to serve as a witness on any occasion a volunteer administers anti-seizure medication during an emergency situation, unless a witness is not available within the time limit for administration specified in the IHP.
(4) Once a public or private school has determined to allow volunteer staff to administer anti-seizure medication in an emergency situation, the training referenced in subdivision (g)(3) shall be conducted as soon as possible, and shall be repeated annually thereafter. In addition, competencies to administer anti-seizure medications shall be documented in the personnel file of all volunteer school personnel. All volunteers trained to administer anti-seizure medications shall also be trained in cardiopulmonary resuscitation (CPR).
(5) Upon the decision of a trained volunteer to administer diazepam gel, school officials shall immediately summon local emergency medical services to the school to provide necessary monitoring or transport to safeguard the health and condition of the student.
(6) Trained volunteer school personnel administering anti-seizure medications under this subsection (g), any registered nurse who provides training to administer such medications and any local board of education or governing board for a nonpublic school authorizing the same shall not be liable in any court of law for injury resulting from the reasonable and prudent assistance in the administration of such medications, if performed pursuant to the policies and guidelines developed by the departments of health and education and approved by applicable regulatory or governing boards or agencies.
(7) An LEA shall not assign a student with epilepsy or other seizure disorder to a school other than the school for which the student is zoned or would otherwise regularly attend because the student has a seizure disorder.
(8) Prior to administration of an anti-seizure medication to a student by volunteer school personnel or a school nurse in an emergency situation, the student's parent or guardian shall provide: (A) The school with a written authorization to administer the medication at school; (B) A written statement from the student's health care practitioner, which statement shall contain the student's name, the name and purpose of the medication, the prescribed dosage, the route of administration, the frequency that the medication may be administered, and the circumstances under which the medication may be administered; and (C) Prior to its date of expiration, the prescribed medication to the school in its unopened, sealed package with the intact label affixed by the dispensing pharmacy.
(A) The school with a written authorization to administer the medication at school;
(B) A written statement from the student's health care practitioner, which statement shall contain the student's name, the name and purpose of the medication, the prescribed dosage, the route of administration, the frequency that the medication may be administered, and the circumstances under which the medication may be administered; and
(C) Prior to its date of expiration, the prescribed medication to the school in its unopened, sealed package with the intact label affixed by the dispensing pharmacy.
(9) The written authorization required by subdivision (g)(8)(A) shall be kept on file in the office of the school nurse or school administrator. Unless subsequently rescinded in writing, the authorization shall be effective for the entirety of the school year in which it is granted.
(10) The school nurse or school administrator shall check monthly the expiration date for each anti-seizure medication in possession of the school. At least one (1) month prior to the expiration date of each medication, the school nurse or administrator shall inform the student's parent or guardian of the expiration date.
(11) A student's parent or guardian who has given the student's school written authorization to administer anti-seizure medication shall, in accordance with the student's IHP, notify the school administrator or school nurse if anti-seizure medication or prescription or over-the-counter medicines are administered to the student at a time at which the student is not present at school. The student's IHP shall set forth with specificity the requirements of reporting administration of medication and for the dissemination of such information to volunteer school personnel trained to administer anti-seizure medication. The notification shall be given after administration of medication before or at the beginning of the next school day in which the student is in attendance.
Added by 2015 Tenn. Acts, ch. 321,s 1, eff. 7/1/2015.
Tenn. Code Ann. § 49-2-301 — TN Code / Title 49 / Chapter 2 / Section 49-2-301
Director of schools
Status: in_force

(a) Each local board of education is authorized to employ a director of schools, as provided for in § 49-2-203 , subject to requirements of law. This director of schools may be referred to as superintendent, but all references to or duties or powers of the former county superintendents of public instruction shall be deemed to be references to or powers or duties of the director of schools. Failure to change a reference to county superintendent to superintendent or director of schools shall not be deemed to continue to revive the former office or position of county superintendent, it being the intention in this part to convert the former elected office of superintendent of public instruction to an administrative position filled by the applicable local board of education. (b) (1) It is the duty of the board of education to assign to its director of schools the duty to: (A) Act for the board in seeing that the laws relating to the schools and rules of the state and the local board of education are faithfully executed; (B) Attend all meetings of the board and to serve as a member of the executive committee of the board, without additional compensation; (C) Keep on electronic disks and in well bound books, furnished by the board, a complete and accurate record of the proceedings of all meetings of the board and of the director's official acts; (D) Keep on electronic disks and in well bound books, furnished by the board and arranged according to the regulations prescribed by the commissioner of education, a detailed and accurate account of all receipts and disbursement of the public school funds; (E) Issue, within ten (10) days, all warrants authorized by the board for expenditures for public school funds; (F) Make such recommendations to the board as the director deems for the best interest of the public schools, but in no case shall the director have a vote on any question coming before the board; (G) Have general supervision of all schools, and visit the schools from time to time, and advise with the teachers and members of the board as to their condition and improvement; (H) Require the use of the state course of study for all the public schools and the system of promoting pupils through the several grades of the public schools in accordance with regulations of the commissioner, as approved by the state board; (I) Sign all certificates and diplomas of pupils who complete the courses of study prescribed for the elementary and high schools; (J) Recommend to the board teachers who are eligible for tenure or notify such teachers of their failure of reelection pursuant to § 49-5-409 ; (K) Recommend to the board salaries for teachers in accordance with the salary schedule and the salaries and wages of all other employees nominated by the director of schools; (L) Assign teachers and educational assistants to the several schools; (M) Require all teachers to submit to the director for record their licenses or authority to teach, given by the state board, and keep a complete record of same; (N) File all contracts entered into with teachers and employees of the board, before they begin their services in the public schools; (O) Furnish to teachers or principals the names of pupils belonging to their respective schools, the list to be taken from the census enumeration or other reliable records on file in the director of schools' office; (P) Issue certificates relative to the employment of minors who are enrolled as students in the director of schools' district; (Q) Make a written report, quarterly, to the appropriate local legislative body, for the board, of all receipts and expenditures of the public school funds, which accounts shall contain full information concerning the conditions, progress and needs of the schools of the school system and which shall be audited by the appropriate fiscal officer and local legislative body; (R) Be present at all quarterly and annual settlements of the county trustee with the county mayor covering all school funds arising from state apportionments, county levies and all other sources, and report the director's acts to the director of schools' board; (S) Report to the local legislative body and the commissioner, whenever it appears to the director that any portion of the school fund has been, or is in danger of being, misappropriated or in any way illegally disposed of or not collected; (T) Make reports to the commissioner of education when requested by the commissioner; (U) Prepare, annually, a budget for the schools in the director's school system, submit the budget to the board for its approval and present it to the county or other appropriate local legislative body for adoption as provided for by charter or private legislative act; provided, that: (i) The budget shall set forth in itemized form the amount necessary to operate the schools for the scholastic year beginning on July 1, following, or on such date as provided for by charter or private legislative act; and (ii) Any change in the expenditure of money as provided for by the budget shall first be ratified by the local board and the appropriate local legislative body; (V) Give the director's full time and attention to the duties of the director's position; (W) Deliver to the director's successor all records and official papers belonging to the position. It is a Class C misdemeanor to refuse to deliver the records and files on demand of the director's successor. It is a separate offense for each month during which the director persists in withholding the records and files; (X) File with the commissioner of education a copy of the budget adopted by the county or other appropriate local legislative body within ten (10) days after its adoption; (Y) Furnish to the commissioner a list of the teachers elected by the board and their respective salaries, on forms furnished by the commissioner; (Z) Grant any licensed employee, or any other person considered as a professional employee, access at any reasonable time to the employee's personnel file or files, whether maintained by the employee's principal, supervisor, director, board or any other official of the school system; (AA) Give any licensed or professional employee, on request and on payment of reasonable compensation, a copy of specified documents in the employee's personnel file; (BB) Establish a procedure whereby an updated copy of the rules, regulations and minimum standards of the state board shall be kept on file in an easily accessible place in each school library during normal school hours; (CC) Within the approved budget and consistent with existing state laws and board policies, employ, transfer, suspend, nonrenew and dismiss all personnel, licensed or otherwise, except as provided in § 49-2-203(a)(1) and in chapter 5, part 5 of this title; (DD) All persons who are employed in a position for which no teaching license is required shall be hired at the will of the director of schools. The local board of education shall develop a policy for dismissing such employees; (EE) (i) The director may dismiss any nontenured, licensed employee under the director's jurisdiction for incompetence, inefficiency, insubordination, improper conduct or neglect of duty, after giving the employee, in writing, due notice of the charge or charges and providing a hearing; provided, that no nontenured, licensed employee under the director's jurisdiction shall be dismissed without first having been given, in writing: (a) Notice of the charge or charges; (b) An opportunity for a full and complete hearing before an impartial hearing officer selected by the board; (c) An opportunity to be represented by counsel; (d) An opportunity to call and subpoena witnesses; (e) An opportunity to examine all witnesses; and (f) The right to require that all testimony be given under oath; (ii) Factual findings and decisions in all dismissal cases shall be reduced to written form and delivered to the affected employee within ten (10) working days following the close of the hearing; (iii) Any nontenured, licensed employee desiring to appeal from a decision rendered in favor of the school system shall first exhaust the administrative remedy of appealing the decision to the board of education within ten (10) working days of the hearing officer rendering written findings of fact and conclusions to the affected employee; (iv) Upon written notice of such appeal being given to the director, the director shall prepare a copy of the proceedings, transcript, documentary and other evidence presented, and transmit the copy of the proceedings, transcript, documentary and other evidence presented within twenty (20) working days of receipt of notice of appeal to the board; (v) The board shall hear the appeal on the record and no new evidence shall be introduced. The affected employee may appear in person or by counsel and argue why the decision should be modified or reversed. The board may sustain the decision, send the record back if additional evidence is necessary, revise the penalty or reverse the decision. Before any such charges shall be sustained or punishment inflicted, a majority of the membership of the board shall concur in sustaining the charges. The members of the board shall render the decision on the appeal within ten (10) working days after the conclusion of the hearing; (vi) The director of schools shall also have the right to appeal any adverse ruling by the hearing officer to the board under the same conditions as are set out in this subdivision (b)(1)(EE); (vii) Any party dissatisfied with the decision rendered by the board shall have the right to appeal to the chancery court in the county where the school system is located within twenty (20) working days after receipt of notice of the decision of the board. It shall be the duty of the board to cause to be transmitted the entire record and other evidence in the case to the court. The review of the court shall be de novo on the record of the hearing held by the hearing officer and reviewed by the board; (FF) All actions of the directors or their designees shall be consistent with the existing board policies, rules, contracts and regulations; (GG) Perform such other official duties as may be prescribed by law; and (HH) Authorize each principal to make staffing decisions regarding administrative personnel for the principal's school. (2) The records required to be maintained pursuant to this subsection (b) shall be kept in a location that is secure from the effects of natural disasters, to include fires, earthquakes, tornadoes and other catastrophic events. (c) It is a Class C misdemeanor for any director to take any other contract under the board of education or to perform any other service for additional compensation, or for any director to act as principal or teacher in any school or to become the owner of a school warrant other than that allowed for the director's service as director. A director who violates this subsection (c) shall also be dismissed from the director's position. (d) A director of schools who is appointed by the local board of education elected by the general public is required to have a baccalaureate degree and meet any other qualifications or requirements established by the local board of education. (e) A director of schools may delegate one (1) or more of the duties assigned to the director by the board of education under subdivision (b)(1) to another administrator or employee of the LEA; provided, that the board of education has adopted a policy authorizing the director to delegate the respective duty to the respective administrator or employee. Amended by 2024 Tenn. Acts, ch. 883,s 2, eff. 5/1/2024. Amended by 2024 Tenn. Acts, ch. 883,s 1, eff. 5/1/2024. Amended by 2019 Tenn. Acts, ch. 345, s 87, eff. 5/10/2019. Amended by 2019 Tenn. Acts, ch. 248, s 30, eff. 5/2/2019. Amended by 2015 Tenn. Acts, ch. 182, s 28, eff. 4/17/2015. Acts 1925, ch. 115, § 6; Shan. Supp., §§ 1487a30-1487a34; mod. Code 1932, §§ 2320a, 2321, 2322-2324; Acts 1943, ch. 36, §§ 1, 2; mod. C. Supp. 1950, § 2320b; Acts 1961, ch. 59, § 1; 1961, ch. 182, § 1; 1963, ch. 13, § 1; modified; Acts 1969, ch. 57, §§ 1-3; 1974, ch. 424, § 1; 1974, ch. 654, §§ 27-30; 1975, ch. 56, § 2; 1977, ch. 196, §§ 3, 4; 1978, ch. 675, § 1; 1979, ch. 99, § 1; 1981, ch. 97, § 1; T.C.A. (orig. ed.), §§ 49-220 -- 49-226; Acts 1984 (1st Ex. Sess.), ch. 6, § 11; 1984 (1st Ex. Sess.), ch. 7, § 80; 1987, ch. 308, § 15; 1989, ch. 55, § 1; 1989, ch. 199, § 2; 1989, ch. 591, § 113; 1990, ch. 948, § 26; 1992, ch. 535, §§ 10-13, 16, 49, 86; 1992, ch. 657, §§ 1, 3; 1994, ch. 929, § 4; 1997 , ch. 365, § 3; 1998, ch. 805, § 1; 1998, ch. 826, § 1; 2000, ch. 931, §§ 1, 2; 2001, ch. 211, § 1; 2003 , ch. 90, § 2; 2007 , ch. 376, § 7; 2011 , ch. 335, §§ 1, 2; 2011 , ch. 378, § 9.
(a) Each local board of education is authorized to employ a director of schools, as provided for in § 49-2-203 , subject to requirements of law. This director of schools may be referred to as superintendent, but all references to or duties or powers of the former county superintendents of public instruction shall be deemed to be references to or powers or duties of the director of schools. Failure to change a reference to county superintendent to superintendent or director of schools shall not be deemed to continue to revive the former office or position of county superintendent, it being the intention in this part to convert the former elected office of superintendent of public instruction to an administrative position filled by the applicable local board of education.
(b) (1) It is the duty of the board of education to assign to its director of schools the duty to: (A) Act for the board in seeing that the laws relating to the schools and rules of the state and the local board of education are faithfully executed; (B) Attend all meetings of the board and to serve as a member of the executive committee of the board, without additional compensation; (C) Keep on electronic disks and in well bound books, furnished by the board, a complete and accurate record of the proceedings of all meetings of the board and of the director's official acts; (D) Keep on electronic disks and in well bound books, furnished by the board and arranged according to the regulations prescribed by the commissioner of education, a detailed and accurate account of all receipts and disbursement of the public school funds; (E) Issue, within ten (10) days, all warrants authorized by the board for expenditures for public school funds; (F) Make such recommendations to the board as the director deems for the best interest of the public schools, but in no case shall the director have a vote on any question coming before the board; (G) Have general supervision of all schools, and visit the schools from time to time, and advise with the teachers and members of the board as to their condition and improvement; (H) Require the use of the state course of study for all the public schools and the system of promoting pupils through the several grades of the public schools in accordance with regulations of the commissioner, as approved by the state board; (I) Sign all certificates and diplomas of pupils who complete the courses of study prescribed for the elementary and high schools; (J) Recommend to the board teachers who are eligible for tenure or notify such teachers of their failure of reelection pursuant to § 49-5-409 ; (K) Recommend to the board salaries for teachers in accordance with the salary schedule and the salaries and wages of all other employees nominated by the director of schools; (L) Assign teachers and educational assistants to the several schools; (M) Require all teachers to submit to the director for record their licenses or authority to teach, given by the state board, and keep a complete record of same; (N) File all contracts entered into with teachers and employees of the board, before they begin their services in the public schools; (O) Furnish to teachers or principals the names of pupils belonging to their respective schools, the list to be taken from the census enumeration or other reliable records on file in the director of schools' office; (P) Issue certificates relative to the employment of minors who are enrolled as students in the director of schools' district; (Q) Make a written report, quarterly, to the appropriate local legislative body, for the board, of all receipts and expenditures of the public school funds, which accounts shall contain full information concerning the conditions, progress and needs of the schools of the school system and which shall be audited by the appropriate fiscal officer and local legislative body; (R) Be present at all quarterly and annual settlements of the county trustee with the county mayor covering all school funds arising from state apportionments, county levies and all other sources, and report the director's acts to the director of schools' board; (S) Report to the local legislative body and the commissioner, whenever it appears to the director that any portion of the school fund has been, or is in danger of being, misappropriated or in any way illegally disposed of or not collected; (T) Make reports to the commissioner of education when requested by the commissioner; (U) Prepare, annually, a budget for the schools in the director's school system, submit the budget to the board for its approval and present it to the county or other appropriate local legislative body for adoption as provided for by charter or private legislative act; provided, that: (i) The budget shall set forth in itemized form the amount necessary to operate the schools for the scholastic year beginning on July 1, following, or on such date as provided for by charter or private legislative act; and (ii) Any change in the expenditure of money as provided for by the budget shall first be ratified by the local board and the appropriate local legislative body; (V) Give the director's full time and attention to the duties of the director's position; (W) Deliver to the director's successor all records and official papers belonging to the position. It is a Class C misdemeanor to refuse to deliver the records and files on demand of the director's successor. It is a separate offense for each month during which the director persists in withholding the records and files; (X) File with the commissioner of education a copy of the budget adopted by the county or other appropriate local legislative body within ten (10) days after its adoption; (Y) Furnish to the commissioner a list of the teachers elected by the board and their respective salaries, on forms furnished by the commissioner; (Z) Grant any licensed employee, or any other person considered as a professional employee, access at any reasonable time to the employee's personnel file or files, whether maintained by the employee's principal, supervisor, director, board or any other official of the school system; (AA) Give any licensed or professional employee, on request and on payment of reasonable compensation, a copy of specified documents in the employee's personnel file; (BB) Establish a procedure whereby an updated copy of the rules, regulations and minimum standards of the state board shall be kept on file in an easily accessible place in each school library during normal school hours; (CC) Within the approved budget and consistent with existing state laws and board policies, employ, transfer, suspend, nonrenew and dismiss all personnel, licensed or otherwise, except as provided in § 49-2-203(a)(1) and in chapter 5, part 5 of this title; (DD) All persons who are employed in a position for which no teaching license is required shall be hired at the will of the director of schools. The local board of education shall develop a policy for dismissing such employees; (EE) (i) The director may dismiss any nontenured, licensed employee under the director's jurisdiction for incompetence, inefficiency, insubordination, improper conduct or neglect of duty, after giving the employee, in writing, due notice of the charge or charges and providing a hearing; provided, that no nontenured, licensed employee under the director's jurisdiction shall be dismissed without first having been given, in writing: (a) Notice of the charge or charges; (b) An opportunity for a full and complete hearing before an impartial hearing officer selected by the board; (c) An opportunity to be represented by counsel; (d) An opportunity to call and subpoena witnesses; (e) An opportunity to examine all witnesses; and (f) The right to require that all testimony be given under oath; (ii) Factual findings and decisions in all dismissal cases shall be reduced to written form and delivered to the affected employee within ten (10) working days following the close of the hearing; (iii) Any nontenured, licensed employee desiring to appeal from a decision rendered in favor of the school system shall first exhaust the administrative remedy of appealing the decision to the board of education within ten (10) working days of the hearing officer rendering written findings of fact and conclusions to the affected employee; (iv) Upon written notice of such appeal being given to the director, the director shall prepare a copy of the proceedings, transcript, documentary and other evidence presented, and transmit the copy of the proceedings, transcript, documentary and other evidence presented within twenty (20) working days of receipt of notice of appeal to the board; (v) The board shall hear the appeal on the record and no new evidence shall be introduced. The affected employee may appear in person or by counsel and argue why the decision should be modified or reversed. The board may sustain the decision, send the record back if additional evidence is necessary, revise the penalty or reverse the decision. Before any such charges shall be sustained or punishment inflicted, a majority of the membership of the board shall concur in sustaining the charges. The members of the board shall render the decision on the appeal within ten (10) working days after the conclusion of the hearing; (vi) The director of schools shall also have the right to appeal any adverse ruling by the hearing officer to the board under the same conditions as are set out in this subdivision (b)(1)(EE); (vii) Any party dissatisfied with the decision rendered by the board shall have the right to appeal to the chancery court in the county where the school system is located within twenty (20) working days after receipt of notice of the decision of the board. It shall be the duty of the board to cause to be transmitted the entire record and other evidence in the case to the court. The review of the court shall be de novo on the record of the hearing held by the hearing officer and reviewed by the board; (FF) All actions of the directors or their designees shall be consistent with the existing board policies, rules, contracts and regulations; (GG) Perform such other official duties as may be prescribed by law; and (HH) Authorize each principal to make staffing decisions regarding administrative personnel for the principal's school. (2) The records required to be maintained pursuant to this subsection (b) shall be kept in a location that is secure from the effects of natural disasters, to include fires, earthquakes, tornadoes and other catastrophic events.
(1) It is the duty of the board of education to assign to its director of schools the duty to: (A) Act for the board in seeing that the laws relating to the schools and rules of the state and the local board of education are faithfully executed; (B) Attend all meetings of the board and to serve as a member of the executive committee of the board, without additional compensation; (C) Keep on electronic disks and in well bound books, furnished by the board, a complete and accurate record of the proceedings of all meetings of the board and of the director's official acts; (D) Keep on electronic disks and in well bound books, furnished by the board and arranged according to the regulations prescribed by the commissioner of education, a detailed and accurate account of all receipts and disbursement of the public school funds; (E) Issue, within ten (10) days, all warrants authorized by the board for expenditures for public school funds; (F) Make such recommendations to the board as the director deems for the best interest of the public schools, but in no case shall the director have a vote on any question coming before the board; (G) Have general supervision of all schools, and visit the schools from time to time, and advise with the teachers and members of the board as to their condition and improvement; (H) Require the use of the state course of study for all the public schools and the system of promoting pupils through the several grades of the public schools in accordance with regulations of the commissioner, as approved by the state board; (I) Sign all certificates and diplomas of pupils who complete the courses of study prescribed for the elementary and high schools; (J) Recommend to the board teachers who are eligible for tenure or notify such teachers of their failure of reelection pursuant to § 49-5-409 ; (K) Recommend to the board salaries for teachers in accordance with the salary schedule and the salaries and wages of all other employees nominated by the director of schools; (L) Assign teachers and educational assistants to the several schools; (M) Require all teachers to submit to the director for record their licenses or authority to teach, given by the state board, and keep a complete record of same; (N) File all contracts entered into with teachers and employees of the board, before they begin their services in the public schools; (O) Furnish to teachers or principals the names of pupils belonging to their respective schools, the list to be taken from the census enumeration or other reliable records on file in the director of schools' office; (P) Issue certificates relative to the employment of minors who are enrolled as students in the director of schools' district; (Q) Make a written report, quarterly, to the appropriate local legislative body, for the board, of all receipts and expenditures of the public school funds, which accounts shall contain full information concerning the conditions, progress and needs of the schools of the school system and which shall be audited by the appropriate fiscal officer and local legislative body; (R) Be present at all quarterly and annual settlements of the county trustee with the county mayor covering all school funds arising from state apportionments, county levies and all other sources, and report the director's acts to the director of schools' board; (S) Report to the local legislative body and the commissioner, whenever it appears to the director that any portion of the school fund has been, or is in danger of being, misappropriated or in any way illegally disposed of or not collected; (T) Make reports to the commissioner of education when requested by the commissioner; (U) Prepare, annually, a budget for the schools in the director's school system, submit the budget to the board for its approval and present it to the county or other appropriate local legislative body for adoption as provided for by charter or private legislative act; provided, that: (i) The budget shall set forth in itemized form the amount necessary to operate the schools for the scholastic year beginning on July 1, following, or on such date as provided for by charter or private legislative act; and (ii) Any change in the expenditure of money as provided for by the budget shall first be ratified by the local board and the appropriate local legislative body; (V) Give the director's full time and attention to the duties of the director's position; (W) Deliver to the director's successor all records and official papers belonging to the position. It is a Class C misdemeanor to refuse to deliver the records and files on demand of the director's successor. It is a separate offense for each month during which the director persists in withholding the records and files; (X) File with the commissioner of education a copy of the budget adopted by the county or other appropriate local legislative body within ten (10) days after its adoption; (Y) Furnish to the commissioner a list of the teachers elected by the board and their respective salaries, on forms furnished by the commissioner; (Z) Grant any licensed employee, or any other person considered as a professional employee, access at any reasonable time to the employee's personnel file or files, whether maintained by the employee's principal, supervisor, director, board or any other official of the school system; (AA) Give any licensed or professional employee, on request and on payment of reasonable compensation, a copy of specified documents in the employee's personnel file; (BB) Establish a procedure whereby an updated copy of the rules, regulations and minimum standards of the state board shall be kept on file in an easily accessible place in each school library during normal school hours; (CC) Within the approved budget and consistent with existing state laws and board policies, employ, transfer, suspend, nonrenew and dismiss all personnel, licensed or otherwise, except as provided in § 49-2-203(a)(1) and in chapter 5, part 5 of this title; (DD) All persons who are employed in a position for which no teaching license is required shall be hired at the will of the director of schools. The local board of education shall develop a policy for dismissing such employees; (EE) (i) The director may dismiss any nontenured, licensed employee under the director's jurisdiction for incompetence, inefficiency, insubordination, improper conduct or neglect of duty, after giving the employee, in writing, due notice of the charge or charges and providing a hearing; provided, that no nontenured, licensed employee under the director's jurisdiction shall be dismissed without first having been given, in writing: (a) Notice of the charge or charges; (b) An opportunity for a full and complete hearing before an impartial hearing officer selected by the board; (c) An opportunity to be represented by counsel; (d) An opportunity to call and subpoena witnesses; (e) An opportunity to examine all witnesses; and (f) The right to require that all testimony be given under oath; (ii) Factual findings and decisions in all dismissal cases shall be reduced to written form and delivered to the affected employee within ten (10) working days following the close of the hearing; (iii) Any nontenured, licensed employee desiring to appeal from a decision rendered in favor of the school system shall first exhaust the administrative remedy of appealing the decision to the board of education within ten (10) working days of the hearing officer rendering written findings of fact and conclusions to the affected employee; (iv) Upon written notice of such appeal being given to the director, the director shall prepare a copy of the proceedings, transcript, documentary and other evidence presented, and transmit the copy of the proceedings, transcript, documentary and other evidence presented within twenty (20) working days of receipt of notice of appeal to the board; (v) The board shall hear the appeal on the record and no new evidence shall be introduced. The affected employee may appear in person or by counsel and argue why the decision should be modified or reversed. The board may sustain the decision, send the record back if additional evidence is necessary, revise the penalty or reverse the decision. Before any such charges shall be sustained or punishment inflicted, a majority of the membership of the board shall concur in sustaining the charges. The members of the board shall render the decision on the appeal within ten (10) working days after the conclusion of the hearing; (vi) The director of schools shall also have the right to appeal any adverse ruling by the hearing officer to the board under the same conditions as are set out in this subdivision (b)(1)(EE); (vii) Any party dissatisfied with the decision rendered by the board shall have the right to appeal to the chancery court in the county where the school system is located within twenty (20) working days after receipt of notice of the decision of the board. It shall be the duty of the board to cause to be transmitted the entire record and other evidence in the case to the court. The review of the court shall be de novo on the record of the hearing held by the hearing officer and reviewed by the board; (FF) All actions of the directors or their designees shall be consistent with the existing board policies, rules, contracts and regulations; (GG) Perform such other official duties as may be prescribed by law; and (HH) Authorize each principal to make staffing decisions regarding administrative personnel for the principal's school.
(A) Act for the board in seeing that the laws relating to the schools and rules of the state and the local board of education are faithfully executed;
(B) Attend all meetings of the board and to serve as a member of the executive committee of the board, without additional compensation;
(C) Keep on electronic disks and in well bound books, furnished by the board, a complete and accurate record of the proceedings of all meetings of the board and of the director's official acts;
(D) Keep on electronic disks and in well bound books, furnished by the board and arranged according to the regulations prescribed by the commissioner of education, a detailed and accurate account of all receipts and disbursement of the public school funds;
(E) Issue, within ten (10) days, all warrants authorized by the board for expenditures for public school funds;
(F) Make such recommendations to the board as the director deems for the best interest of the public schools, but in no case shall the director have a vote on any question coming before the board;
(G) Have general supervision of all schools, and visit the schools from time to time, and advise with the teachers and members of the board as to their condition and improvement;
(H) Require the use of the state course of study for all the public schools and the system of promoting pupils through the several grades of the public schools in accordance with regulations of the commissioner, as approved by the state board;
(I) Sign all certificates and diplomas of pupils who complete the courses of study prescribed for the elementary and high schools;
(J) Recommend to the board teachers who are eligible for tenure or notify such teachers of their failure of reelection pursuant to § 49-5-409 ;
(K) Recommend to the board salaries for teachers in accordance with the salary schedule and the salaries and wages of all other employees nominated by the director of schools;
(L) Assign teachers and educational assistants to the several schools;
(M) Require all teachers to submit to the director for record their licenses or authority to teach, given by the state board, and keep a complete record of same;
(N) File all contracts entered into with teachers and employees of the board, before they begin their services in the public schools;
(O) Furnish to teachers or principals the names of pupils belonging to their respective schools, the list to be taken from the census enumeration or other reliable records on file in the director of schools' office;
(P) Issue certificates relative to the employment of minors who are enrolled as students in the director of schools' district;
(Q) Make a written report, quarterly, to the appropriate local legislative body, for the board, of all receipts and expenditures of the public school funds, which accounts shall contain full information concerning the conditions, progress and needs of the schools of the school system and which shall be audited by the appropriate fiscal officer and local legislative body;
(R) Be present at all quarterly and annual settlements of the county trustee with the county mayor covering all school funds arising from state apportionments, county levies and all other sources, and report the director's acts to the director of schools' board;
(S) Report to the local legislative body and the commissioner, whenever it appears to the director that any portion of the school fund has been, or is in danger of being, misappropriated or in any way illegally disposed of or not collected;
(T) Make reports to the commissioner of education when requested by the commissioner;
(U) Prepare, annually, a budget for the schools in the director's school system, submit the budget to the board for its approval and present it to the county or other appropriate local legislative body for adoption as provided for by charter or private legislative act; provided, that: (i) The budget shall set forth in itemized form the amount necessary to operate the schools for the scholastic year beginning on July 1, following, or on such date as provided for by charter or private legislative act; and (ii) Any change in the expenditure of money as provided for by the budget shall first be ratified by the local board and the appropriate local legislative body;
(i) The budget shall set forth in itemized form the amount necessary to operate the schools for the scholastic year beginning on July 1, following, or on such date as provided for by charter or private legislative act; and
(ii) Any change in the expenditure of money as provided for by the budget shall first be ratified by the local board and the appropriate local legislative body;
(V) Give the director's full time and attention to the duties of the director's position;
(W) Deliver to the director's successor all records and official papers belonging to the position. It is a Class C misdemeanor to refuse to deliver the records and files on demand of the director's successor. It is a separate offense for each month during which the director persists in withholding the records and files;
(X) File with the commissioner of education a copy of the budget adopted by the county or other appropriate local legislative body within ten (10) days after its adoption;
(Y) Furnish to the commissioner a list of the teachers elected by the board and their respective salaries, on forms furnished by the commissioner;
(Z) Grant any licensed employee, or any other person considered as a professional employee, access at any reasonable time to the employee's personnel file or files, whether maintained by the employee's principal, supervisor, director, board or any other official of the school system;
(AA) Give any licensed or professional employee, on request and on payment of reasonable compensation, a copy of specified documents in the employee's personnel file;
(BB) Establish a procedure whereby an updated copy of the rules, regulations and minimum standards of the state board shall be kept on file in an easily accessible place in each school library during normal school hours;
(CC) Within the approved budget and consistent with existing state laws and board policies, employ, transfer, suspend, nonrenew and dismiss all personnel, licensed or otherwise, except as provided in § 49-2-203(a)(1) and in chapter 5, part 5 of this title;
(DD) All persons who are employed in a position for which no teaching license is required shall be hired at the will of the director of schools. The local board of education shall develop a policy for dismissing such employees;
(EE) (i) The director may dismiss any nontenured, licensed employee under the director's jurisdiction for incompetence, inefficiency, insubordination, improper conduct or neglect of duty, after giving the employee, in writing, due notice of the charge or charges and providing a hearing; provided, that no nontenured, licensed employee under the director's jurisdiction shall be dismissed without first having been given, in writing: (a) Notice of the charge or charges; (b) An opportunity for a full and complete hearing before an impartial hearing officer selected by the board; (c) An opportunity to be represented by counsel; (d) An opportunity to call and subpoena witnesses; (e) An opportunity to examine all witnesses; and (f) The right to require that all testimony be given under oath; (ii) Factual findings and decisions in all dismissal cases shall be reduced to written form and delivered to the affected employee within ten (10) working days following the close of the hearing; (iii) Any nontenured, licensed employee desiring to appeal from a decision rendered in favor of the school system shall first exhaust the administrative remedy of appealing the decision to the board of education within ten (10) working days of the hearing officer rendering written findings of fact and conclusions to the affected employee; (iv) Upon written notice of such appeal being given to the director, the director shall prepare a copy of the proceedings, transcript, documentary and other evidence presented, and transmit the copy of the proceedings, transcript, documentary and other evidence presented within twenty (20) working days of receipt of notice of appeal to the board; (v) The board shall hear the appeal on the record and no new evidence shall be introduced. The affected employee may appear in person or by counsel and argue why the decision should be modified or reversed. The board may sustain the decision, send the record back if additional evidence is necessary, revise the penalty or reverse the decision. Before any such charges shall be sustained or punishment inflicted, a majority of the membership of the board shall concur in sustaining the charges. The members of the board shall render the decision on the appeal within ten (10) working days after the conclusion of the hearing; (vi) The director of schools shall also have the right to appeal any adverse ruling by the hearing officer to the board under the same conditions as are set out in this subdivision (b)(1)(EE); (vii) Any party dissatisfied with the decision rendered by the board shall have the right to appeal to the chancery court in the county where the school system is located within twenty (20) working days after receipt of notice of the decision of the board. It shall be the duty of the board to cause to be transmitted the entire record and other evidence in the case to the court. The review of the court shall be de novo on the record of the hearing held by the hearing officer and reviewed by the board;
(i) The director may dismiss any nontenured, licensed employee under the director's jurisdiction for incompetence, inefficiency, insubordination, improper conduct or neglect of duty, after giving the employee, in writing, due notice of the charge or charges and providing a hearing; provided, that no nontenured, licensed employee under the director's jurisdiction shall be dismissed without first having been given, in writing: (a) Notice of the charge or charges; (b) An opportunity for a full and complete hearing before an impartial hearing officer selected by the board; (c) An opportunity to be represented by counsel; (d) An opportunity to call and subpoena witnesses; (e) An opportunity to examine all witnesses; and (f) The right to require that all testimony be given under oath;
(a) Notice of the charge or charges;
(b) An opportunity for a full and complete hearing before an impartial hearing officer selected by the board;
(c) An opportunity to be represented by counsel;
(d) An opportunity to call and subpoena witnesses;
(e) An opportunity to examine all witnesses; and
(f) The right to require that all testimony be given under oath;
(ii) Factual findings and decisions in all dismissal cases shall be reduced to written form and delivered to the affected employee within ten (10) working days following the close of the hearing;
(iii) Any nontenured, licensed employee desiring to appeal from a decision rendered in favor of the school system shall first exhaust the administrative remedy of appealing the decision to the board of education within ten (10) working days of the hearing officer rendering written findings of fact and conclusions to the affected employee;
(iv) Upon written notice of such appeal being given to the director, the director shall prepare a copy of the proceedings, transcript, documentary and other evidence presented, and transmit the copy of the proceedings, transcript, documentary and other evidence presented within twenty (20) working days of receipt of notice of appeal to the board;
(v) The board shall hear the appeal on the record and no new evidence shall be introduced. The affected employee may appear in person or by counsel and argue why the decision should be modified or reversed. The board may sustain the decision, send the record back if additional evidence is necessary, revise the penalty or reverse the decision. Before any such charges shall be sustained or punishment inflicted, a majority of the membership of the board shall concur in sustaining the charges. The members of the board shall render the decision on the appeal within ten (10) working days after the conclusion of the hearing;
(vi) The director of schools shall also have the right to appeal any adverse ruling by the hearing officer to the board under the same conditions as are set out in this subdivision (b)(1)(EE);
(vii) Any party dissatisfied with the decision rendered by the board shall have the right to appeal to the chancery court in the county where the school system is located within twenty (20) working days after receipt of notice of the decision of the board. It shall be the duty of the board to cause to be transmitted the entire record and other evidence in the case to the court. The review of the court shall be de novo on the record of the hearing held by the hearing officer and reviewed by the board;
(FF) All actions of the directors or their designees shall be consistent with the existing board policies, rules, contracts and regulations;
(GG) Perform such other official duties as may be prescribed by law; and
(HH) Authorize each principal to make staffing decisions regarding administrative personnel for the principal's school.
(2) The records required to be maintained pursuant to this subsection (b) shall be kept in a location that is secure from the effects of natural disasters, to include fires, earthquakes, tornadoes and other catastrophic events.
(c) It is a Class C misdemeanor for any director to take any other contract under the board of education or to perform any other service for additional compensation, or for any director to act as principal or teacher in any school or to become the owner of a school warrant other than that allowed for the director's service as director. A director who violates this subsection (c) shall also be dismissed from the director's position.
(d) A director of schools who is appointed by the local board of education elected by the general public is required to have a baccalaureate degree and meet any other qualifications or requirements established by the local board of education.
(e) A director of schools may delegate one (1) or more of the duties assigned to the director by the board of education under subdivision (b)(1) to another administrator or employee of the LEA; provided, that the board of education has adopted a policy authorizing the director to delegate the respective duty to the respective administrator or employee.
Amended by 2024 Tenn. Acts, ch. 883,s 2, eff. 5/1/2024.
Amended by 2024 Tenn. Acts, ch. 883,s 1, eff. 5/1/2024.
Amended by 2019 Tenn. Acts, ch. 345, s 87, eff. 5/10/2019.
Amended by 2019 Tenn. Acts, ch. 248, s 30, eff. 5/2/2019.
Amended by 2015 Tenn. Acts, ch. 182, s 28, eff. 4/17/2015.
Acts 1925, ch. 115, § 6; Shan. Supp., §§ 1487a30-1487a34; mod. Code 1932, §§ 2320a, 2321, 2322-2324; Acts 1943, ch. 36, §§ 1, 2; mod. C. Supp. 1950, § 2320b; Acts 1961, ch. 59, § 1; 1961, ch. 182, § 1; 1963, ch. 13, § 1; modified; Acts 1969, ch. 57, §§ 1-3; 1974, ch. 424, § 1; 1974, ch. 654, §§ 27-30; 1975, ch. 56, § 2; 1977, ch. 196, §§ 3, 4; 1978, ch. 675, § 1; 1979, ch. 99, § 1; 1981, ch. 97, § 1; T.C.A. (orig. ed.), §§ 49-220 -- 49-226; Acts 1984 (1st Ex. Sess.), ch. 6, § 11; 1984 (1st Ex. Sess.), ch. 7, § 80; 1987, ch. 308, § 15; 1989, ch. 55, § 1; 1989, ch. 199, § 2; 1989, ch. 591, § 113; 1990, ch. 948, § 26; 1992, ch. 535, §§ 10-13, 16, 49, 86; 1992, ch. 657, §§ 1, 3; 1994, ch. 929, § 4; 1997 , ch. 365, § 3; 1998, ch. 805, § 1; 1998, ch. 826, § 1; 2000, ch. 931, §§ 1, 2; 2001, ch. 211, § 1; 2003 , ch. 90, § 2; 2007 , ch. 376, § 7; 2011 , ch. 335, §§ 1, 2; 2011 , ch. 378, § 9.
Tenn. Code Ann. § 49-5-113 — TN Code / Title 49 / Chapter 5 / Section 49-5-113
Petition for waiver of requirement for renewal of teacher's license
Status: in_force

A teacher who, on each of the teacher's last three (3) evaluations conducted pursuant to § 49-1-302(d) , received an evaluation demonstrating an overall performance effectiveness level of "significantly above expectations" may petition the commissioner of education for a waiver of any requirement for renewal of the teacher's license. If the commissioner grants the waiver, the teacher need not meet the requirement that was waived to receive a renewal of the teacher's license. Added by 2014 Tenn. Acts, ch. 740, s 1, eff. 4/22/2014.
A teacher who, on each of the teacher's last three (3) evaluations conducted pursuant to § 49-1-302(d) , received an evaluation demonstrating an overall performance effectiveness level of "significantly above expectations" may petition the commissioner of education for a waiver of any requirement for renewal of the teacher's license. If the commissioner grants the waiver, the teacher need not meet the requirement that was waived to receive a renewal of the teacher's license.
Added by 2014 Tenn. Acts, ch. 740, s 1, eff. 4/22/2014.
Tenn. Code Ann. § 49-5-5614 — TN Code / Title 49 / Chapter 5 / Section 49-5-5614
Access to evaluation data from teacher training programs
Status: in_force

The department of education shall provide all state board of education approved teacher training programs access to annual evaluation data for teachers and principals graduating from the programs for a minimum of five (5) years following the completion of the program. Data made available to teacher training programs shall not be a public record and shall be used only for the purpose of making improvements to the program. Each program receiving the annual evaluation data shall execute a signed data-sharing agreement with the department of education that includes provisions safeguarding the privacy and security of the data. Added by 2017 Tenn. Acts, ch. 143,s 1, eff. 4/17/2017.
The department of education shall provide all state board of education approved teacher training programs access to annual evaluation data for teachers and principals graduating from the programs for a minimum of five (5) years following the completion of the program. Data made available to teacher training programs shall not be a public record and shall be used only for the purpose of making improvements to the program. Each program receiving the annual evaluation data shall execute a signed data-sharing agreement with the department of education that includes provisions safeguarding the privacy and security of the data.
Added by 2017 Tenn. Acts, ch. 143,s 1, eff. 4/17/2017.
Tenn. Code Ann. § 49-5-606 — TN Code / Title 49 / Chapter 5 / Section 49-5-606
Unlawful acts
Status: in_force

(a) It is unlawful for a board of education or its management personnel to: (1) Impose or threaten to impose reprisals on professional employees or discriminate against professional employees by reason of their exercise of rights guaranteed by this part; (2) Interfere with, restrain or coerce employees in the exercise of the rights guaranteed in § 49-5-603 ; (3) Refuse or fail to participate in collaborative conferencing under this part; (4) Refuse to permit any professional employees' organization to have access at reasonable times before or after the instructional day to areas in which professional employees work, to use institutional bulletin boards, mail boxes or other communication media or to use institutional facilities as permitted by a local board's policy or procedure for community use at reasonable times for the purpose of holding a meeting concerned with the exercise of the rights guaranteed by this part; (5) Encourage or discourage membership in any organization by discrimination in hiring, granting of tenure or other terms or conditions of employment. The board of education or management personnel may express any views or opinions on the subject of employer-employee relations; provided, however, that such expression shall contain no threat of reprimand, discharge or promise of benefits; (6) Discharge or discriminate against an employee because the employee has filed an affidavit, petition, or complaint or given any information or testimony under this part; or (7) Dominate, interfere or assist in the administration of any professional employee organization. (b) It is unlawful for a professional employees' organization or its representatives to: (1) Cause or attempt to cause a board of education to engage in conduct violative of this part; provided, that this subdivision (b)(1) shall not be construed to impair the right of professional employees' organizations to prescribe their own rules with respect to operation involving the acquisition or retention of membership; (2) Refuse or fail to participate in collaborative conferencing under this part with a board of education; (3) Interfere with, restrain or coerce professional employees or a board of education in the exercise of rights granted in this part; (4) Engage in a strike; (5) Urge, coerce or encourage others to engage in unlawful acts as defined in this part; (6) Enter onto the school grounds for the purpose of contacting professional employees in such a manner and at such times as will interfere with the normal operations of the school; or (7) Coerce or attempt to intimidate professional employees who choose not to join a professional employee organization. (c) (1) A complaint of an unlawful act shall be filed with, or initiated by the board of education. If no reasonable resolution is reached between the parties, a complaint may be filed in the chancery court of the county where the local education agency is located. (2) No complaint shall issue based upon any unlawful act occurring more than three (3) months prior to the filing of the complaint. (3) The court is empowered to prevent any board of education or its agents, or organizations, associations, professional employees, or their agents, from engaging in any unlawful act. (4) If, upon the preponderance of the evidence taken, the court is of the opinion that a party named in the complaint has engaged in or is engaging in any such unlawful act, then the court shall state its findings of fact, issue an order requiring the party to cease and desist from the unlawful act, and take affirmative action including resumption of collaborative conferencing or reinstatement of employees. The order may further require the party to make reports from time-to-time showing the extent to which it has complied with the order. (5) If, upon the preponderance of the testimony taken, the court is not of the opinion that a party named in the complaint has engaged in or is engaging in any such unlawful act, then the court shall state its findings of fact and shall issue an order dismissing the complaint. Acts 1978, ch. 570, § 9; 1983, ch. 183, § 1; T.C.A., § 49-5508.
(a) It is unlawful for a board of education or its management personnel to: (1) Impose or threaten to impose reprisals on professional employees or discriminate against professional employees by reason of their exercise of rights guaranteed by this part; (2) Interfere with, restrain or coerce employees in the exercise of the rights guaranteed in § 49-5-603 ; (3) Refuse or fail to participate in collaborative conferencing under this part; (4) Refuse to permit any professional employees' organization to have access at reasonable times before or after the instructional day to areas in which professional employees work, to use institutional bulletin boards, mail boxes or other communication media or to use institutional facilities as permitted by a local board's policy or procedure for community use at reasonable times for the purpose of holding a meeting concerned with the exercise of the rights guaranteed by this part; (5) Encourage or discourage membership in any organization by discrimination in hiring, granting of tenure or other terms or conditions of employment. The board of education or management personnel may express any views or opinions on the subject of employer-employee relations; provided, however, that such expression shall contain no threat of reprimand, discharge or promise of benefits; (6) Discharge or discriminate against an employee because the employee has filed an affidavit, petition, or complaint or given any information or testimony under this part; or (7) Dominate, interfere or assist in the administration of any professional employee organization.
(1) Impose or threaten to impose reprisals on professional employees or discriminate against professional employees by reason of their exercise of rights guaranteed by this part;
(2) Interfere with, restrain or coerce employees in the exercise of the rights guaranteed in § 49-5-603 ;
(3) Refuse or fail to participate in collaborative conferencing under this part;
(4) Refuse to permit any professional employees' organization to have access at reasonable times before or after the instructional day to areas in which professional employees work, to use institutional bulletin boards, mail boxes or other communication media or to use institutional facilities as permitted by a local board's policy or procedure for community use at reasonable times for the purpose of holding a meeting concerned with the exercise of the rights guaranteed by this part;
(5) Encourage or discourage membership in any organization by discrimination in hiring, granting of tenure or other terms or conditions of employment. The board of education or management personnel may express any views or opinions on the subject of employer-employee relations; provided, however, that such expression shall contain no threat of reprimand, discharge or promise of benefits;
(6) Discharge or discriminate against an employee because the employee has filed an affidavit, petition, or complaint or given any information or testimony under this part; or
(7) Dominate, interfere or assist in the administration of any professional employee organization.
(b) It is unlawful for a professional employees' organization or its representatives to: (1) Cause or attempt to cause a board of education to engage in conduct violative of this part; provided, that this subdivision (b)(1) shall not be construed to impair the right of professional employees' organizations to prescribe their own rules with respect to operation involving the acquisition or retention of membership; (2) Refuse or fail to participate in collaborative conferencing under this part with a board of education; (3) Interfere with, restrain or coerce professional employees or a board of education in the exercise of rights granted in this part; (4) Engage in a strike; (5) Urge, coerce or encourage others to engage in unlawful acts as defined in this part; (6) Enter onto the school grounds for the purpose of contacting professional employees in such a manner and at such times as will interfere with the normal operations of the school; or (7) Coerce or attempt to intimidate professional employees who choose not to join a professional employee organization.
(1) Cause or attempt to cause a board of education to engage in conduct violative of this part; provided, that this subdivision (b)(1) shall not be construed to impair the right of professional employees' organizations to prescribe their own rules with respect to operation involving the acquisition or retention of membership;
(2) Refuse or fail to participate in collaborative conferencing under this part with a board of education;
(3) Interfere with, restrain or coerce professional employees or a board of education in the exercise of rights granted in this part;
(4) Engage in a strike;
(5) Urge, coerce or encourage others to engage in unlawful acts as defined in this part;
(6) Enter onto the school grounds for the purpose of contacting professional employees in such a manner and at such times as will interfere with the normal operations of the school; or
(7) Coerce or attempt to intimidate professional employees who choose not to join a professional employee organization.
(c) (1) A complaint of an unlawful act shall be filed with, or initiated by the board of education. If no reasonable resolution is reached between the parties, a complaint may be filed in the chancery court of the county where the local education agency is located. (2) No complaint shall issue based upon any unlawful act occurring more than three (3) months prior to the filing of the complaint. (3) The court is empowered to prevent any board of education or its agents, or organizations, associations, professional employees, or their agents, from engaging in any unlawful act. (4) If, upon the preponderance of the evidence taken, the court is of the opinion that a party named in the complaint has engaged in or is engaging in any such unlawful act, then the court shall state its findings of fact, issue an order requiring the party to cease and desist from the unlawful act, and take affirmative action including resumption of collaborative conferencing or reinstatement of employees. The order may further require the party to make reports from time-to-time showing the extent to which it has complied with the order. (5) If, upon the preponderance of the testimony taken, the court is not of the opinion that a party named in the complaint has engaged in or is engaging in any such unlawful act, then the court shall state its findings of fact and shall issue an order dismissing the complaint.
(1) A complaint of an unlawful act shall be filed with, or initiated by the board of education. If no reasonable resolution is reached between the parties, a complaint may be filed in the chancery court of the county where the local education agency is located.
(2) No complaint shall issue based upon any unlawful act occurring more than three (3) months prior to the filing of the complaint.
(3) The court is empowered to prevent any board of education or its agents, or organizations, associations, professional employees, or their agents, from engaging in any unlawful act.
(4) If, upon the preponderance of the evidence taken, the court is of the opinion that a party named in the complaint has engaged in or is engaging in any such unlawful act, then the court shall state its findings of fact, issue an order requiring the party to cease and desist from the unlawful act, and take affirmative action including resumption of collaborative conferencing or reinstatement of employees. The order may further require the party to make reports from time-to-time showing the extent to which it has complied with the order.
(5) If, upon the preponderance of the testimony taken, the court is not of the opinion that a party named in the complaint has engaged in or is engaging in any such unlawful act, then the court shall state its findings of fact and shall issue an order dismissing the complaint.
Acts 1978, ch. 570, § 9; 1983, ch. 183, § 1; T.C.A., § 49-5508.
Tenn. Code Ann. § 49-8-111 — TN Code / Title 49 / Chapter 8 / Section 49-8-111
Powers regarding property
Status: in_force

(a) Every college and university is authorized and empowered to sell or convey any lot, plot or tract of land that has been acquired through purchase, gift, devise or by any other means; provided, that: (1) The land is unsuitable for use by the college or university at present or in the future, or not needed by the college or university; (2) The state building commission approves of the sale or conveyance; and (3) The college or university obtains a certified appraisal of the land from a recognized real estate appraiser in the locality of the college or university. The state building commission may require a second appraisal to be completed by a qualified appraiser, wholly disconnected from the first appraiser, prior to the disposal of the property. (b) The receipts from the sale or conveyance shall be deposited in the capital outlay fund of the selling college or university. (c) Subsections (a) and (b) do not apply to the University of Tennessee system. (d) (1) The board of regents is authorized to sell, upon approval of the state building commission, property which has been acquired for use by the central office of the board. The proceeds from the sale may be used as the board determines; provided, that the use shall be for purposes that are long term and nonrecurring in nature and that are otherwise permitted by law. (2) Funds shall only be expended pursuant to this subsection (d) if the expenditure is approved by the education committee of the senate and the education administration committee of the house of representatives. Amended by 2022 Tenn. Acts, ch. 738, s 2, eff. 3/24/2022. Amended by 2021 Tenn. Acts, ch. 64, s 106, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 345, s 120, eff. 5/10/2019. Amended by 2016 Tenn. Acts, ch. 869, s 11, eff. 7/1/2016. Amended by 2015 Tenn. Acts, ch. 182, s 75, eff. 4/17/2015. Acts 1973, ch. 408, § 1; T.C.A., § 49-3249; Acts 1994, ch. 906, §§ 1, 2; 2011 , ch. 410, § 4 (ee).
(a) Every college and university is authorized and empowered to sell or convey any lot, plot or tract of land that has been acquired through purchase, gift, devise or by any other means; provided, that: (1) The land is unsuitable for use by the college or university at present or in the future, or not needed by the college or university; (2) The state building commission approves of the sale or conveyance; and (3) The college or university obtains a certified appraisal of the land from a recognized real estate appraiser in the locality of the college or university. The state building commission may require a second appraisal to be completed by a qualified appraiser, wholly disconnected from the first appraiser, prior to the disposal of the property.
(1) The land is unsuitable for use by the college or university at present or in the future, or not needed by the college or university;
(2) The state building commission approves of the sale or conveyance; and
(3) The college or university obtains a certified appraisal of the land from a recognized real estate appraiser in the locality of the college or university. The state building commission may require a second appraisal to be completed by a qualified appraiser, wholly disconnected from the first appraiser, prior to the disposal of the property.
(b) The receipts from the sale or conveyance shall be deposited in the capital outlay fund of the selling college or university.
(c) Subsections (a) and (b) do not apply to the University of Tennessee system.
(d) (1) The board of regents is authorized to sell, upon approval of the state building commission, property which has been acquired for use by the central office of the board. The proceeds from the sale may be used as the board determines; provided, that the use shall be for purposes that are long term and nonrecurring in nature and that are otherwise permitted by law. (2) Funds shall only be expended pursuant to this subsection (d) if the expenditure is approved by the education committee of the senate and the education administration committee of the house of representatives.
(1) The board of regents is authorized to sell, upon approval of the state building commission, property which has been acquired for use by the central office of the board. The proceeds from the sale may be used as the board determines; provided, that the use shall be for purposes that are long term and nonrecurring in nature and that are otherwise permitted by law.
(2) Funds shall only be expended pursuant to this subsection (d) if the expenditure is approved by the education committee of the senate and the education administration committee of the house of representatives.
Amended by 2022 Tenn. Acts, ch. 738, s 2, eff. 3/24/2022.
Amended by 2021 Tenn. Acts, ch. 64, s 106, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 120, eff. 5/10/2019.
Amended by 2016 Tenn. Acts, ch. 869, s 11, eff. 7/1/2016.
Amended by 2015 Tenn. Acts, ch. 182, s 75, eff. 4/17/2015.
Acts 1973, ch. 408, § 1; T.C.A., § 49-3249; Acts 1994, ch. 906, §§ 1, 2; 2011 , ch. 410, § 4 (ee).
Tenn. Code Ann. § 49-6-5005 — TN Code / Title 49 / Chapter 6 / Section 49-6-5005
Information about meningococcal disease and influenza and the effectiveness of vaccination
Status: in_force

(a) LEAs shall ensure that schools provide parents and guardians with information about meningococcal disease and the effectiveness of vaccination against meningococcal disease at the beginning of every school year. This information shall include the causes, symptoms and means by which meningococcal disease is spread and the places where parents and guardians may obtain additional information and vaccinations for their children. Nothing in this subsection (a) shall be construed to require an LEA or school to provide or purchase vaccine against meningococcal disease. (b) LEAs shall ensure that schools provide parents and guardians with information about influenza disease and the effectiveness of vaccination against influenza at the beginning of every school year. This information must include the causes, symptoms, and means by which influenza is spread and the places where parents and guardians may obtain additional information and vaccinations for their children. Nothing in this subsection (b) requires an LEA or school to provide or purchase vaccine against influenza. The department of education, in consultation with the department of health, shall provide information to LEAs to assist in the implementation of this subsection (b). Amended by 2017 Tenn. Acts, ch. 22,s 1, eff. 7/1/2017. Acts 2005, ch. 177, § 1.
(a) LEAs shall ensure that schools provide parents and guardians with information about meningococcal disease and the effectiveness of vaccination against meningococcal disease at the beginning of every school year. This information shall include the causes, symptoms and means by which meningococcal disease is spread and the places where parents and guardians may obtain additional information and vaccinations for their children. Nothing in this subsection (a) shall be construed to require an LEA or school to provide or purchase vaccine against meningococcal disease.
(b) LEAs shall ensure that schools provide parents and guardians with information about influenza disease and the effectiveness of vaccination against influenza at the beginning of every school year. This information must include the causes, symptoms, and means by which influenza is spread and the places where parents and guardians may obtain additional information and vaccinations for their children. Nothing in this subsection (b) requires an LEA or school to provide or purchase vaccine against influenza. The department of education, in consultation with the department of health, shall provide information to LEAs to assist in the implementation of this subsection (b).
Amended by 2017 Tenn. Acts, ch. 22,s 1, eff. 7/1/2017.
Acts 2005, ch. 177, § 1.
Tenn. Code Ann. § 49-7-809 — TN Code / Title 49 / Chapter 7 / Section 49-7-809
Tuition contract terms, limitations and disclosures
Status: in_force

(a) The following information shall be disclosed in writing to each purchaser of a tuition contract: (1) The terms and conditions for purchasing tuition units if the contract involves the educational services plan, or the terms and conditions for the making of contributions if the contract involves the educational savings plan; (2) The name and date of birth of the beneficiary of the contract, and the terms and conditions under which another person may be substituted as the beneficiary; (3) The name of the refund recipient; (4) The terms and conditions under which the contract may be terminated by the refund recipient and the amount of the refund, if any, to which the refund recipient is entitled upon termination; (5) The method by which tuition benefits under the program shall be applied toward payment of tuition and other educational costs; (6) The period of time during which the beneficiary must claim benefits through the program; (7) If the contract involves the educational services plan, the obligation of the board to make payments on behalf of a beneficiary under § 49-7-807(a) based upon the number of tuition units purchased on behalf of the beneficiary, or if the contract involves the educational savings plan, the obligation of the board to make payments on behalf of a beneficiary under § 49-7-808(a) based upon the redemption value accrued on behalf of the beneficiary; (8) The terms and conditions under which money may be wholly or partially withdrawn from the program, including, but not limited to, any reasonable charges and fees that may be imposed for withdrawal; (9) The obligation of the board to pay directly to the institution of higher education in which the beneficiary is enrolled the tuition benefits being used that term for tuition and other educational costs; and (10) Other terms, conditions and provisions the board considers, in its sole discretion, to be necessary or appropriate. (b) Notwithstanding any other law to the contrary, the board may provide in a tuition contract that the tuition benefits being used for the payment of tuition and other educational costs be paid directly to the beneficiary or to the entity to whom the charges are owed; provided, that the direct payments are authorized under the sections of the Internal Revenue Code that are applicable to the program. Acts 1999, ch. 233, § 37; 2001, ch. 203, § 6; 2002, ch. 547, § 1.
(a) The following information shall be disclosed in writing to each purchaser of a tuition contract: (1) The terms and conditions for purchasing tuition units if the contract involves the educational services plan, or the terms and conditions for the making of contributions if the contract involves the educational savings plan; (2) The name and date of birth of the beneficiary of the contract, and the terms and conditions under which another person may be substituted as the beneficiary; (3) The name of the refund recipient; (4) The terms and conditions under which the contract may be terminated by the refund recipient and the amount of the refund, if any, to which the refund recipient is entitled upon termination; (5) The method by which tuition benefits under the program shall be applied toward payment of tuition and other educational costs; (6) The period of time during which the beneficiary must claim benefits through the program; (7) If the contract involves the educational services plan, the obligation of the board to make payments on behalf of a beneficiary under § 49-7-807(a) based upon the number of tuition units purchased on behalf of the beneficiary, or if the contract involves the educational savings plan, the obligation of the board to make payments on behalf of a beneficiary under § 49-7-808(a) based upon the redemption value accrued on behalf of the beneficiary; (8) The terms and conditions under which money may be wholly or partially withdrawn from the program, including, but not limited to, any reasonable charges and fees that may be imposed for withdrawal; (9) The obligation of the board to pay directly to the institution of higher education in which the beneficiary is enrolled the tuition benefits being used that term for tuition and other educational costs; and (10) Other terms, conditions and provisions the board considers, in its sole discretion, to be necessary or appropriate.
(1) The terms and conditions for purchasing tuition units if the contract involves the educational services plan, or the terms and conditions for the making of contributions if the contract involves the educational savings plan;
(2) The name and date of birth of the beneficiary of the contract, and the terms and conditions under which another person may be substituted as the beneficiary;
(3) The name of the refund recipient;
(4) The terms and conditions under which the contract may be terminated by the refund recipient and the amount of the refund, if any, to which the refund recipient is entitled upon termination;
(5) The method by which tuition benefits under the program shall be applied toward payment of tuition and other educational costs;
(6) The period of time during which the beneficiary must claim benefits through the program;
(7) If the contract involves the educational services plan, the obligation of the board to make payments on behalf of a beneficiary under § 49-7-807(a) based upon the number of tuition units purchased on behalf of the beneficiary, or if the contract involves the educational savings plan, the obligation of the board to make payments on behalf of a beneficiary under § 49-7-808(a) based upon the redemption value accrued on behalf of the beneficiary;
(8) The terms and conditions under which money may be wholly or partially withdrawn from the program, including, but not limited to, any reasonable charges and fees that may be imposed for withdrawal;
(9) The obligation of the board to pay directly to the institution of higher education in which the beneficiary is enrolled the tuition benefits being used that term for tuition and other educational costs; and
(10) Other terms, conditions and provisions the board considers, in its sole discretion, to be necessary or appropriate.
(b) Notwithstanding any other law to the contrary, the board may provide in a tuition contract that the tuition benefits being used for the payment of tuition and other educational costs be paid directly to the beneficiary or to the entity to whom the charges are owed; provided, that the direct payments are authorized under the sections of the Internal Revenue Code that are applicable to the program.
Acts 1999, ch. 233, § 37; 2001, ch. 203, § 6; 2002, ch. 547, § 1.
Tenn. Code Ann. § 49-3-405 — TN Code / Title 49 / Chapter 3 / Section 49-3-405
Corpus of trust fund - Income - Minimum trust fund amount
Status: in_force

The corpus of the trust fund consists of funds appropriated by the state as well as any other contributions from public or private sources in accordance with § 49-3-403 . Income from the fund includes the income from the fund's investment portfolio from whatever source derived, including, but not limited to, interest, dividends, and realized capital gains and losses. Income accruing on contributions to the fund must be deposited in the trust fund and shall not be disbursed until the minimum trust fund amount is met. The minimum trust fund amount is the threshold amount of the corpus that must be accumulated in the trust fund until income may be disbursed. The trustees shall establish the minimum trust fund amount pursuant to the plan required by § 49-3-404 . Once the minimum trust fund amount is met, the trustees may allow the income on the minimum trust fund amount to be available for disbursement from the fund pursuant to the plan required by § 49-3-404 . The state treasurer is authorized to establish separate accounting for the fund's corpus and income. Amended by 2019 Tenn. Acts, ch. 379, s 8, eff. 5/10/2019. Amended by 2018 Tenn. Acts, ch. 654, s 8, eff. 4/9/2018. Acts 1985, ch. 351, § 5.
The corpus of the trust fund consists of funds appropriated by the state as well as any other contributions from public or private sources in accordance with § 49-3-403 . Income from the fund includes the income from the fund's investment portfolio from whatever source derived, including, but not limited to, interest, dividends, and realized capital gains and losses. Income accruing on contributions to the fund must be deposited in the trust fund and shall not be disbursed until the minimum trust fund amount is met. The minimum trust fund amount is the threshold amount of the corpus that must be accumulated in the trust fund until income may be disbursed. The trustees shall establish the minimum trust fund amount pursuant to the plan required by § 49-3-404 . Once the minimum trust fund amount is met, the trustees may allow the income on the minimum trust fund amount to be available for disbursement from the fund pursuant to the plan required by § 49-3-404 . The state treasurer is authorized to establish separate accounting for the fund's corpus and income.
Amended by 2019 Tenn. Acts, ch. 379, s 8, eff. 5/10/2019.
Amended by 2018 Tenn. Acts, ch. 654, s 8, eff. 4/9/2018.
Acts 1985, ch. 351, § 5.
Tenn. Code Ann. § 49-6-2301 — TN Code / Title 49 / Chapter 6 / Section 49-6-2301
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee School Nutrition Standards Act." Acts 1986, ch. 904, § 1.
This part shall be known and may be cited as the "Tennessee School Nutrition Standards Act."
Acts 1986, ch. 904, § 1.
Tenn. Code Ann. § 49-5-904 — TN Code / Title 49 / Chapter 5 / Section 49-5-904
Maximum annuity - Contribution rates
Status: in_force

(a) No pension or annuity shall be provided exceeding three-fourths (3/4) of the salary paid the teacher at the time of retirement, and in no event shall it exceed the sum of six hundred dollars ($600) per annum. (b) The maximum assessment on any teacher coming under the operation of this part shall not exceed two and one-half percent (2.5%) per annum of the salary agreed to be paid the teacher, and a minimum of one percent (1%) per annum. Acts 1917, ch. 76, § 3; Shan., § 1469b3 (p. 6544); Shan. Supp., § 1469a3; Code 1932, § 2527; T.C.A. (orig. ed.), § 49-1604.
(a) No pension or annuity shall be provided exceeding three-fourths (3/4) of the salary paid the teacher at the time of retirement, and in no event shall it exceed the sum of six hundred dollars ($600) per annum.
(b) The maximum assessment on any teacher coming under the operation of this part shall not exceed two and one-half percent (2.5%) per annum of the salary agreed to be paid the teacher, and a minimum of one percent (1%) per annum.
Acts 1917, ch. 76, § 3; Shan., § 1469b3 (p. 6544); Shan. Supp., § 1469a3; Code 1932, § 2527; T.C.A. (orig. ed.), § 49-1604.
Tenn. Code Ann. § 49-5-512 — TN Code / Title 49 / Chapter 5 / Section 49-5-512
Dismissal or suspension - Hearing - Appeal
Status: in_force

(a) A tenured teacher who receives notification of charges pursuant to § 49-5-511 may, within thirty (30) days after receipt of the notice, demand a full and complete hearing on the charges before an impartial hearing officer selected by the board, as follows: (1) The teacher shall give written notice to the director of schools of the teacher's request for a hearing; (2) The director of schools shall, within five (5) days after receipt of the request, name an impartial hearing officer who shall be responsible for notifying the parties of the hearing officer's assignment. The hearing officer shall direct the parties or the attorneys for the parties, or both, to appear before the hearing officer for simplification of issues and the scheduling of the hearing, which in no event shall be set later than thirty (30) days following receipt of notice demanding a hearing. In the discretion of the hearing officer, all or part of any prehearing conference may be conducted by telephone if each participant has an opportunity to participate, to be heard and to address proof and evidentiary concerns. The hearing officer is empowered to issue appropriate orders and to regulate the conduct of the proceedings; (3) For the purposes of this part, "impartial" means that the selected hearing officer shall have no history of employment with the board or director of schools, no relationship with any board member and no relationship with the teacher or representatives of the teacher; (4) All parties shall have the right to be represented by counsel, the opportunity to call and subpoena witnesses, the opportunity to examine all witnesses, the right to require that all testimony be given under oath and the right to have evidence deemed relevant by the submitting party included in the record of the hearing, even if objected to by the opposing party; (5) All witnesses shall be entitled to the witness fees and mileage provided by law, which fees and mileage shall be paid by the party issuing a subpoena or calling the witnesses to testify; (6) The impartial hearing officer shall administer oaths to witnesses, who testify under oath; (7) A record of the hearing, either by transcript, recording or as is otherwise agreed by the parties shall be prepared if the decision of the hearing officer is appealed, and all decisions of the hearing officer shall be reduced to writing and included in the record, together with all evidence otherwise submitted; (8) On request of either party to the hearing, witnesses may be barred from the hearing except as they are called to testify. The hearing may be private at the request of the teacher or in the discretion of the hearing officer; and (9) At appropriate stages of the hearing, the hearing officer may give the parties the full opportunity to file briefs, proposed findings of fact and conclusions of law and proposed initial or final orders. The hearing officer shall, within ten (10) days of closing the hearing, decide what disposition to make of the case and shall immediately thereafter give the board and the teacher written findings of fact, conclusions of law and a concise and explicit statement of the outcome of the decision. (b) The director of schools or other school officials shall not be held liable, personally or officially, when performing their duties in prosecuting charges against any teacher or teachers under this part. (c) (1) If the affected teacher desires to appeal from a decision rendered in whole or in part in favor of the school system, the teacher shall first exhaust the administrative remedy of appealing the decision to the board of education within ten (10) working days of the hearing officer's delivery of the written findings of fact, conclusions and decision to the affected employee. (2) Upon written notice of appeal, the director of schools shall prepare a copy of the proceedings, transcript, documentary and other evidence presented and transmit the copy to the board within twenty (20) working days of receipt of notice of appeal. (3) The board shall hear the appeal on the record and no new evidence shall be introduced. The affected employee may appear in person or by counsel and argue why the decision should be modified or reversed. The board may sustain the decision, send the record back if additional evidence is necessary, revise the penalty or reverse the decision. Before any findings and decision are sustained or punishment inflicted, a majority of the membership of the board shall concur in sustaining the charges and decision. The board shall render its decision on the appeal within ten (10) working days after the conclusion of the hearing. (4) Any party dissatisfied with the decision rendered by the board shall have the right to appeal to the chancery court in the county where the school system is located within thirty (30) days after receipt of the dated notice of the decision of the board. It shall be the duty of the board to cause the entire record and other evidence in the case to be transmitted to the court. The review of the court shall be de novo on the record of the hearing held by the hearing officer and reviewed by the board. (5) The director of schools shall also have the right to appeal any adverse ruling by the hearing officer to the board under the same conditions as set out in this subsection (c). (d) Subsections (a) and (c) shall not apply to a disciplinary suspension of a teacher by the director of schools that is for a period of three (3) days or less and that is not made in anticipation of dismissal. For such suspensions of three (3) days or less, the following shall apply: (1) The director of schools shall provide written notice of suspension and the reasons for the suspension to the teacher, along with an explanation of the evidence supporting the decision to suspend and copies of any documents relied upon by the director in reaching that decision; (2) Upon request made in writing within five (5) days from the date of the suspension letter or the date it was received, whichever is later, the director shall provide a conference with the director at which the teacher may offer rebuttal to the charges or any information the teacher wishes the director to consider. Both the LEA and the teacher may be represented by an attorney or other representative; (3) The meeting shall be recorded by the director of schools, and a copy shall be provided to the teacher upon request; (4) The director shall issue a written decision within ten (10) days from the date of the conference. The director may not impose any additional punishment beyond that described in the notice of suspension; and (5) The teacher, if dissatisfied with the decision of the director, may pursue appeal of the director's decision pursuant to § 49-5-513 . Amended by 2014 Tenn. Acts, ch. 891, Secs.s 1, s 2 eff. 5/1/2014. Amended by 2013 Tenn. Acts, ch. 214, s 3, eff. 4/23/2013. Acts 1951, ch. 76, § 16 (Williams, § 2345.16); Acts 1972, ch. 588, § 1; T.C.A. (orig. ed.), § 49-1416; Acts 1992, ch. 535, § 83; 2007 , ch. 491, § 1; 2009 , ch. 353, § 1; 2009 , ch. 360, § 1; 2010 (1st Ex. Sess.), ch. 2, § 13; 2010 , ch. 925, § 1; 2012 , ch. 801, § 2.
(a) A tenured teacher who receives notification of charges pursuant to § 49-5-511 may, within thirty (30) days after receipt of the notice, demand a full and complete hearing on the charges before an impartial hearing officer selected by the board, as follows: (1) The teacher shall give written notice to the director of schools of the teacher's request for a hearing; (2) The director of schools shall, within five (5) days after receipt of the request, name an impartial hearing officer who shall be responsible for notifying the parties of the hearing officer's assignment. The hearing officer shall direct the parties or the attorneys for the parties, or both, to appear before the hearing officer for simplification of issues and the scheduling of the hearing, which in no event shall be set later than thirty (30) days following receipt of notice demanding a hearing. In the discretion of the hearing officer, all or part of any prehearing conference may be conducted by telephone if each participant has an opportunity to participate, to be heard and to address proof and evidentiary concerns. The hearing officer is empowered to issue appropriate orders and to regulate the conduct of the proceedings; (3) For the purposes of this part, "impartial" means that the selected hearing officer shall have no history of employment with the board or director of schools, no relationship with any board member and no relationship with the teacher or representatives of the teacher; (4) All parties shall have the right to be represented by counsel, the opportunity to call and subpoena witnesses, the opportunity to examine all witnesses, the right to require that all testimony be given under oath and the right to have evidence deemed relevant by the submitting party included in the record of the hearing, even if objected to by the opposing party; (5) All witnesses shall be entitled to the witness fees and mileage provided by law, which fees and mileage shall be paid by the party issuing a subpoena or calling the witnesses to testify; (6) The impartial hearing officer shall administer oaths to witnesses, who testify under oath; (7) A record of the hearing, either by transcript, recording or as is otherwise agreed by the parties shall be prepared if the decision of the hearing officer is appealed, and all decisions of the hearing officer shall be reduced to writing and included in the record, together with all evidence otherwise submitted; (8) On request of either party to the hearing, witnesses may be barred from the hearing except as they are called to testify. The hearing may be private at the request of the teacher or in the discretion of the hearing officer; and (9) At appropriate stages of the hearing, the hearing officer may give the parties the full opportunity to file briefs, proposed findings of fact and conclusions of law and proposed initial or final orders. The hearing officer shall, within ten (10) days of closing the hearing, decide what disposition to make of the case and shall immediately thereafter give the board and the teacher written findings of fact, conclusions of law and a concise and explicit statement of the outcome of the decision.
(1) The teacher shall give written notice to the director of schools of the teacher's request for a hearing;
(2) The director of schools shall, within five (5) days after receipt of the request, name an impartial hearing officer who shall be responsible for notifying the parties of the hearing officer's assignment. The hearing officer shall direct the parties or the attorneys for the parties, or both, to appear before the hearing officer for simplification of issues and the scheduling of the hearing, which in no event shall be set later than thirty (30) days following receipt of notice demanding a hearing. In the discretion of the hearing officer, all or part of any prehearing conference may be conducted by telephone if each participant has an opportunity to participate, to be heard and to address proof and evidentiary concerns. The hearing officer is empowered to issue appropriate orders and to regulate the conduct of the proceedings;
(3) For the purposes of this part, "impartial" means that the selected hearing officer shall have no history of employment with the board or director of schools, no relationship with any board member and no relationship with the teacher or representatives of the teacher;
(4) All parties shall have the right to be represented by counsel, the opportunity to call and subpoena witnesses, the opportunity to examine all witnesses, the right to require that all testimony be given under oath and the right to have evidence deemed relevant by the submitting party included in the record of the hearing, even if objected to by the opposing party;
(5) All witnesses shall be entitled to the witness fees and mileage provided by law, which fees and mileage shall be paid by the party issuing a subpoena or calling the witnesses to testify;
(6) The impartial hearing officer shall administer oaths to witnesses, who testify under oath;
(7) A record of the hearing, either by transcript, recording or as is otherwise agreed by the parties shall be prepared if the decision of the hearing officer is appealed, and all decisions of the hearing officer shall be reduced to writing and included in the record, together with all evidence otherwise submitted;
(8) On request of either party to the hearing, witnesses may be barred from the hearing except as they are called to testify. The hearing may be private at the request of the teacher or in the discretion of the hearing officer; and
(9) At appropriate stages of the hearing, the hearing officer may give the parties the full opportunity to file briefs, proposed findings of fact and conclusions of law and proposed initial or final orders. The hearing officer shall, within ten (10) days of closing the hearing, decide what disposition to make of the case and shall immediately thereafter give the board and the teacher written findings of fact, conclusions of law and a concise and explicit statement of the outcome of the decision.
(b) The director of schools or other school officials shall not be held liable, personally or officially, when performing their duties in prosecuting charges against any teacher or teachers under this part.
(c) (1) If the affected teacher desires to appeal from a decision rendered in whole or in part in favor of the school system, the teacher shall first exhaust the administrative remedy of appealing the decision to the board of education within ten (10) working days of the hearing officer's delivery of the written findings of fact, conclusions and decision to the affected employee. (2) Upon written notice of appeal, the director of schools shall prepare a copy of the proceedings, transcript, documentary and other evidence presented and transmit the copy to the board within twenty (20) working days of receipt of notice of appeal. (3) The board shall hear the appeal on the record and no new evidence shall be introduced. The affected employee may appear in person or by counsel and argue why the decision should be modified or reversed. The board may sustain the decision, send the record back if additional evidence is necessary, revise the penalty or reverse the decision. Before any findings and decision are sustained or punishment inflicted, a majority of the membership of the board shall concur in sustaining the charges and decision. The board shall render its decision on the appeal within ten (10) working days after the conclusion of the hearing. (4) Any party dissatisfied with the decision rendered by the board shall have the right to appeal to the chancery court in the county where the school system is located within thirty (30) days after receipt of the dated notice of the decision of the board. It shall be the duty of the board to cause the entire record and other evidence in the case to be transmitted to the court. The review of the court shall be de novo on the record of the hearing held by the hearing officer and reviewed by the board. (5) The director of schools shall also have the right to appeal any adverse ruling by the hearing officer to the board under the same conditions as set out in this subsection (c).
(1) If the affected teacher desires to appeal from a decision rendered in whole or in part in favor of the school system, the teacher shall first exhaust the administrative remedy of appealing the decision to the board of education within ten (10) working days of the hearing officer's delivery of the written findings of fact, conclusions and decision to the affected employee.
(2) Upon written notice of appeal, the director of schools shall prepare a copy of the proceedings, transcript, documentary and other evidence presented and transmit the copy to the board within twenty (20) working days of receipt of notice of appeal.
(3) The board shall hear the appeal on the record and no new evidence shall be introduced. The affected employee may appear in person or by counsel and argue why the decision should be modified or reversed. The board may sustain the decision, send the record back if additional evidence is necessary, revise the penalty or reverse the decision. Before any findings and decision are sustained or punishment inflicted, a majority of the membership of the board shall concur in sustaining the charges and decision. The board shall render its decision on the appeal within ten (10) working days after the conclusion of the hearing.
(4) Any party dissatisfied with the decision rendered by the board shall have the right to appeal to the chancery court in the county where the school system is located within thirty (30) days after receipt of the dated notice of the decision of the board. It shall be the duty of the board to cause the entire record and other evidence in the case to be transmitted to the court. The review of the court shall be de novo on the record of the hearing held by the hearing officer and reviewed by the board.
(5) The director of schools shall also have the right to appeal any adverse ruling by the hearing officer to the board under the same conditions as set out in this subsection (c).
(d) Subsections (a) and (c) shall not apply to a disciplinary suspension of a teacher by the director of schools that is for a period of three (3) days or less and that is not made in anticipation of dismissal. For such suspensions of three (3) days or less, the following shall apply: (1) The director of schools shall provide written notice of suspension and the reasons for the suspension to the teacher, along with an explanation of the evidence supporting the decision to suspend and copies of any documents relied upon by the director in reaching that decision; (2) Upon request made in writing within five (5) days from the date of the suspension letter or the date it was received, whichever is later, the director shall provide a conference with the director at which the teacher may offer rebuttal to the charges or any information the teacher wishes the director to consider. Both the LEA and the teacher may be represented by an attorney or other representative; (3) The meeting shall be recorded by the director of schools, and a copy shall be provided to the teacher upon request; (4) The director shall issue a written decision within ten (10) days from the date of the conference. The director may not impose any additional punishment beyond that described in the notice of suspension; and (5) The teacher, if dissatisfied with the decision of the director, may pursue appeal of the director's decision pursuant to § 49-5-513 .
(1) The director of schools shall provide written notice of suspension and the reasons for the suspension to the teacher, along with an explanation of the evidence supporting the decision to suspend and copies of any documents relied upon by the director in reaching that decision;
(2) Upon request made in writing within five (5) days from the date of the suspension letter or the date it was received, whichever is later, the director shall provide a conference with the director at which the teacher may offer rebuttal to the charges or any information the teacher wishes the director to consider. Both the LEA and the teacher may be represented by an attorney or other representative;
(3) The meeting shall be recorded by the director of schools, and a copy shall be provided to the teacher upon request;
(4) The director shall issue a written decision within ten (10) days from the date of the conference. The director may not impose any additional punishment beyond that described in the notice of suspension; and
(5) The teacher, if dissatisfied with the decision of the director, may pursue appeal of the director's decision pursuant to § 49-5-513 .
Amended by 2014 Tenn. Acts, ch. 891, Secs.s 1, s 2 eff. 5/1/2014.
Amended by 2013 Tenn. Acts, ch. 214, s 3, eff. 4/23/2013.
Acts 1951, ch. 76, § 16 (Williams, § 2345.16); Acts 1972, ch. 588, § 1; T.C.A. (orig. ed.), § 49-1416; Acts 1992, ch. 535, § 83; 2007 , ch. 491, § 1; 2009 , ch. 353, § 1; 2009 , ch. 360, § 1; 2010 (1st Ex. Sess.), ch. 2, § 13; 2010 , ch. 925, § 1; 2012 , ch. 801, § 2.
Tenn. Code Ann. § 49-11-101 — TN Code / Title 49 / Chapter 11 / Section 49-11-101
Administration - State board for career and technical education
Status: in_force

(a) (1) The department of education is designated the state board for career and technical education and, as such, is authorized and empowered to accept on behalf of the state all acts of congress pertaining to career and technical education. (2) The state board for career and technical education is designated the sole agency of the state for administering career and technical education programs in cooperation with LEAs and the federal government and its agencies and is authorized and empowered to make agreements with the federal government and local governmental units that may be deemed necessary to participate in federal career and technical education funding. (3) The state board for career and technical education shall develop policies and guidelines for cooperative career and technical training programs that provide school-supervised and school-administered work experience and career exploration for students. The policies and guidelines shall comply with all state laws and federal laws and regulations concerning the employment of minors, but shall not be more restrictive concerning the employment of minors than those laws and regulations. (b) Notwithstanding any other law to the contrary, the board of regents is solely responsible for administering career and technical programs in the colleges governed by the board of regents, and is authorized and empowered to make agreements with the federal government and local government units that may be deemed necessary to participate in career and technical funding programs for which the department of education has not been designated as the sole state agency authorized to receive federal funds. Amended by 2019 Tenn. Acts, ch. 204,Secs.s9, s10, s11 eff. 4/25/2019. Amended by 2015 Tenn. Acts, ch. 55,s 7, eff. 4/6/2015. Acts 1925, ch. 115, § 21; Shan. Supp., §§ 1487a148, 1487a151; Code 1932, §§ 2476, 2478; modified; Acts 1957, ch. 139, § 1; T.C.A. (orig. ed.), § 49-2701; Acts 1983, ch. 181, § 15; T.C.A. (orig. ed.), § 49-27-101; Acts 2006, ch. 1016, § 3; 2008, ch. 888, § 2.
(a) (1) The department of education is designated the state board for career and technical education and, as such, is authorized and empowered to accept on behalf of the state all acts of congress pertaining to career and technical education. (2) The state board for career and technical education is designated the sole agency of the state for administering career and technical education programs in cooperation with LEAs and the federal government and its agencies and is authorized and empowered to make agreements with the federal government and local governmental units that may be deemed necessary to participate in federal career and technical education funding. (3) The state board for career and technical education shall develop policies and guidelines for cooperative career and technical training programs that provide school-supervised and school-administered work experience and career exploration for students. The policies and guidelines shall comply with all state laws and federal laws and regulations concerning the employment of minors, but shall not be more restrictive concerning the employment of minors than those laws and regulations.
(1) The department of education is designated the state board for career and technical education and, as such, is authorized and empowered to accept on behalf of the state all acts of congress pertaining to career and technical education.
(2) The state board for career and technical education is designated the sole agency of the state for administering career and technical education programs in cooperation with LEAs and the federal government and its agencies and is authorized and empowered to make agreements with the federal government and local governmental units that may be deemed necessary to participate in federal career and technical education funding.
(3) The state board for career and technical education shall develop policies and guidelines for cooperative career and technical training programs that provide school-supervised and school-administered work experience and career exploration for students. The policies and guidelines shall comply with all state laws and federal laws and regulations concerning the employment of minors, but shall not be more restrictive concerning the employment of minors than those laws and regulations.
(b) Notwithstanding any other law to the contrary, the board of regents is solely responsible for administering career and technical programs in the colleges governed by the board of regents, and is authorized and empowered to make agreements with the federal government and local government units that may be deemed necessary to participate in career and technical funding programs for which the department of education has not been designated as the sole state agency authorized to receive federal funds.
Amended by 2019 Tenn. Acts, ch. 204,Secs.s9, s10, s11 eff. 4/25/2019.
Amended by 2015 Tenn. Acts, ch. 55,s 7, eff. 4/6/2015.
Acts 1925, ch. 115, § 21; Shan. Supp., §§ 1487a148, 1487a151; Code 1932, §§ 2476, 2478; modified; Acts 1957, ch. 139, § 1; T.C.A. (orig. ed.), § 49-2701; Acts 1983, ch. 181, § 15; T.C.A. (orig. ed.), § 49-27-101; Acts 2006, ch. 1016, § 3; 2008, ch. 888, § 2.
Tenn. Code Ann. § 49-7-1201 — TN Code / Title 49 / Chapter 7 / Section 49-7-1201
Legislative intent
Status: in_force

The purposes of this part are to establish a statewide, comprehensive labor education alignment program, also referred to as the "program" or "LEAP," to enable students in colleges of applied technology and community colleges to participate in employment training and to attain industry-recognized post-secondary credentials for sustaining gainful and quality employment in this state; and to enable students to more adequately meet the advanced technical training needs required by current and future employers of existing and prospective industries and businesses in this state. Added by 2013 Tenn. Acts, ch. 338,s 2, eff. 1/1/2014.
The purposes of this part are to establish a statewide, comprehensive labor education alignment program, also referred to as the "program" or "LEAP," to enable students in colleges of applied technology and community colleges to participate in employment training and to attain industry-recognized post-secondary credentials for sustaining gainful and quality employment in this state; and to enable students to more adequately meet the advanced technical training needs required by current and future employers of existing and prospective industries and businesses in this state.
Added by 2013 Tenn. Acts, ch. 338,s 2, eff. 1/1/2014.
Tenn. Code Ann. § 49-6-703 — TN Code / Title 49 / Chapter 6 / Section 49-6-703
[Repealed] Reserved
Status: repealed

Repealed by 2018 Tenn. Acts, ch. 725, s 31, eff. 4/18/2018. Amended by 2015 Tenn. Acts, ch. 182, s 41, eff. 4/17/2015. Amended by 2013 Tenn. Acts, ch. 236, s 64, eff. 4/19/2013. Acts 2004, ch. 953, § 1; 2010 , ch. 838, § 1; 2011 , ch. 410, § 9 (d).
Repealed by 2018 Tenn. Acts, ch. 725, s 31, eff. 4/18/2018.
Amended by 2015 Tenn. Acts, ch. 182, s 41, eff. 4/17/2015.
Amended by 2013 Tenn. Acts, ch. 236, s 64, eff. 4/19/2013.
Acts 2004, ch. 953, § 1; 2010 , ch. 838, § 1; 2011 , ch. 410, § 9 (d).
Tenn. Code Ann. § 49-7-1906 — TN Code / Title 49 / Chapter 7 / Section 49-7-1906
Interpretation of part
Status: in_force

This part shall not be interpreted to: (1) Prohibit public institutions of higher education from training students or employees on the non-discrimination requirements of federal or state law; (2) Infringe on the rights of freedom of speech protected by the First Amendment to the United States Constitution; (3) Infringe on the rights of academic freedom of faculty in public institutions of higher education; (4) Require an employee of a public institution of higher education to: (A) Violate any federal or state law, rule, or regulation; or (B) Fail to comply with any applicable academic accreditation requirement; (5) Prohibit an individual who provides training from responding to questions regarding one (1) or more divisive concepts, so long as the response does not endorse or advocate for divisive concepts; or (6) Prohibit public institutions of higher education from promoting diversity, equity, and inclusion; provided, that such efforts are consistent with the provisions of this part. Added by 2022 Tenn. Acts, ch. 818, s 7, eff. 4/8/2022.
This part shall not be interpreted to:
(1) Prohibit public institutions of higher education from training students or employees on the non-discrimination requirements of federal or state law;
(2) Infringe on the rights of freedom of speech protected by the First Amendment to the United States Constitution;
(3) Infringe on the rights of academic freedom of faculty in public institutions of higher education;
(4) Require an employee of a public institution of higher education to: (A) Violate any federal or state law, rule, or regulation; or (B) Fail to comply with any applicable academic accreditation requirement;
(A) Violate any federal or state law, rule, or regulation; or
(B) Fail to comply with any applicable academic accreditation requirement;
(5) Prohibit an individual who provides training from responding to questions regarding one (1) or more divisive concepts, so long as the response does not endorse or advocate for divisive concepts; or
(6) Prohibit public institutions of higher education from promoting diversity, equity, and inclusion; provided, that such efforts are consistent with the provisions of this part.
Added by 2022 Tenn. Acts, ch. 818, s 7, eff. 4/8/2022.