Tenn. Code Ann. § 49-6-2701 — TN Code / Title 49 / Chapter 6 / Section 49-6-2701
Threat assessment team
Status: in_force

(a) Each LEA shall adopt a policy to establish a threat assessment team within the LEA. The purpose of the threat assessment team is to develop comprehensive intervention-based approaches to prevent violence, manage reports of potential threats, and create a system that fosters a safe, supportive, and effective school environment. (b) The threat assessment team must include LEA personnel and law enforcement personnel. An LEA's threat assessment team may include juvenile services personnel, a representative of the local district attorney's office, a representative of the department of children's services, and mental health service providers. (c) A threat assessment team shall: (1) Obtain training from local law enforcement or mental health service providers on how to assess individuals exhibiting threatening or disruptive behavior and develop interventions for individuals exhibiting such behavior; (2) Conduct threat assessments based on dangerous or threatening behavior of individuals in the school, home, or community setting; (3) Provide guidance to students, faculty, staff, and others in the LEA on how to recognize, address, and report threatening or dangerous behavior; (4) Establish procedures that outline the circumstances in which LEA personnel are required to report threatening or dangerous behavior; (5) Establish procedures for students, faculty, and community members to anonymously report threatening or dangerous behavior and specify to whom the behavior should be reported; (6) Provide guidance and best practices for the intervention and prevention of violence; (7) Establish procedures for the: (A) Assessment of individuals exhibiting behavior that may present a threat to the health or safety of the individual or others; (B) Development of appropriate means of intervention, diversion, and de-escalation of threats; and (C) Development of appropriate courses of actions that should be taken in the event threatening or dangerous behavior is reported, including, but not limited to, referrals to community services or healthcare providers, notification of parents or guardians, if appropriate, or notification of law enforcement and emergency medical services; (8) Refer individuals to support services; (9) Provide post-incident assessments and evaluate the effectiveness and response of the LEA to incidents; and (10) Coordinate with state agencies providing support services and technical assistance to local threat assessment teams. (d) The threat assessment team shall document all behaviors and incidents deemed to pose a risk to school safety or that result in intervention and shall provide the information to the LEA. All information shall be documented in accordance with the Family Educational Rights and Privacy Act (FERPA) ( 20 U.S.C. 1232g ), § 10-7-504 , and all other relevant state and federal privacy laws. The LEA must consider the information when reviewing and developing a building-level school safety plan. (e) The threat assessment team shall report threat assessment team activities to the local board of education, the director of schools, the department of safety, the Tennessee school safety center, and the members of the state-level safety team established pursuant to § 49-6-802(a) on a regular basis. The report must include quantitative data on threat assessment team activities, including post-incident assessments, and must provide information on the effectiveness of the team's response to incidents deemed to pose a risk to school safety. The report must comply with the FERPA, § 10-7-504 , and all other relevant state and federal privacy laws. (f) Documents produced or obtained pursuant to this section are not open for public inspection. Threat assessment team meetings do not constitute an open meeting as defined by § 8-44-102 . Amended by 2023 Tenn. Acts, ch. 367, s 15, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 367, s 14, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 367, s 13, eff. 7/1/2023. Acts 2019, ch. 394, § 1.
(a) Each LEA shall adopt a policy to establish a threat assessment team within the LEA. The purpose of the threat assessment team is to develop comprehensive intervention-based approaches to prevent violence, manage reports of potential threats, and create a system that fosters a safe, supportive, and effective school environment.
(b) The threat assessment team must include LEA personnel and law enforcement personnel. An LEA's threat assessment team may include juvenile services personnel, a representative of the local district attorney's office, a representative of the department of children's services, and mental health service providers.
(c) A threat assessment team shall: (1) Obtain training from local law enforcement or mental health service providers on how to assess individuals exhibiting threatening or disruptive behavior and develop interventions for individuals exhibiting such behavior; (2) Conduct threat assessments based on dangerous or threatening behavior of individuals in the school, home, or community setting; (3) Provide guidance to students, faculty, staff, and others in the LEA on how to recognize, address, and report threatening or dangerous behavior; (4) Establish procedures that outline the circumstances in which LEA personnel are required to report threatening or dangerous behavior; (5) Establish procedures for students, faculty, and community members to anonymously report threatening or dangerous behavior and specify to whom the behavior should be reported; (6) Provide guidance and best practices for the intervention and prevention of violence; (7) Establish procedures for the: (A) Assessment of individuals exhibiting behavior that may present a threat to the health or safety of the individual or others; (B) Development of appropriate means of intervention, diversion, and de-escalation of threats; and (C) Development of appropriate courses of actions that should be taken in the event threatening or dangerous behavior is reported, including, but not limited to, referrals to community services or healthcare providers, notification of parents or guardians, if appropriate, or notification of law enforcement and emergency medical services; (8) Refer individuals to support services; (9) Provide post-incident assessments and evaluate the effectiveness and response of the LEA to incidents; and (10) Coordinate with state agencies providing support services and technical assistance to local threat assessment teams.
(1) Obtain training from local law enforcement or mental health service providers on how to assess individuals exhibiting threatening or disruptive behavior and develop interventions for individuals exhibiting such behavior;
(2) Conduct threat assessments based on dangerous or threatening behavior of individuals in the school, home, or community setting;
(3) Provide guidance to students, faculty, staff, and others in the LEA on how to recognize, address, and report threatening or dangerous behavior;
(4) Establish procedures that outline the circumstances in which LEA personnel are required to report threatening or dangerous behavior;
(5) Establish procedures for students, faculty, and community members to anonymously report threatening or dangerous behavior and specify to whom the behavior should be reported;
(6) Provide guidance and best practices for the intervention and prevention of violence;
(7) Establish procedures for the: (A) Assessment of individuals exhibiting behavior that may present a threat to the health or safety of the individual or others; (B) Development of appropriate means of intervention, diversion, and de-escalation of threats; and (C) Development of appropriate courses of actions that should be taken in the event threatening or dangerous behavior is reported, including, but not limited to, referrals to community services or healthcare providers, notification of parents or guardians, if appropriate, or notification of law enforcement and emergency medical services;
(A) Assessment of individuals exhibiting behavior that may present a threat to the health or safety of the individual or others;
(B) Development of appropriate means of intervention, diversion, and de-escalation of threats; and
(C) Development of appropriate courses of actions that should be taken in the event threatening or dangerous behavior is reported, including, but not limited to, referrals to community services or healthcare providers, notification of parents or guardians, if appropriate, or notification of law enforcement and emergency medical services;
(8) Refer individuals to support services;
(9) Provide post-incident assessments and evaluate the effectiveness and response of the LEA to incidents; and
(10) Coordinate with state agencies providing support services and technical assistance to local threat assessment teams.
(d) The threat assessment team shall document all behaviors and incidents deemed to pose a risk to school safety or that result in intervention and shall provide the information to the LEA. All information shall be documented in accordance with the Family Educational Rights and Privacy Act (FERPA) ( 20 U.S.C. 1232g ), § 10-7-504 , and all other relevant state and federal privacy laws. The LEA must consider the information when reviewing and developing a building-level school safety plan.
(e) The threat assessment team shall report threat assessment team activities to the local board of education, the director of schools, the department of safety, the Tennessee school safety center, and the members of the state-level safety team established pursuant to § 49-6-802(a) on a regular basis. The report must include quantitative data on threat assessment team activities, including post-incident assessments, and must provide information on the effectiveness of the team's response to incidents deemed to pose a risk to school safety. The report must comply with the FERPA, § 10-7-504 , and all other relevant state and federal privacy laws.
(f) Documents produced or obtained pursuant to this section are not open for public inspection. Threat assessment team meetings do not constitute an open meeting as defined by § 8-44-102 .
Amended by 2023 Tenn. Acts, ch. 367, s 15, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 367, s 14, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 367, s 13, eff. 7/1/2023.
Acts 2019, ch. 394, § 1.
Tenn. Code Ann. § 49-13-108 — TN Code / Title 49 / Chapter 13 / Section 49-13-108
Approval or denial of public charter school application by public charter school authorizers
Status: in_force

(a) Public charter school authorizers have the authority to approve applications to establish public charter schools and to make decisions regarding the renewal and revocation of a charter agreement. (b) (1) This section only applies to applications for the creation of new public charter schools that are submitted to a local board of education. (2) The local board of education shall rule by resolution, at a regular or specially called meeting, to approve or deny a public charter school application no later than ninety (90) days after the local board of education's receipt of the completed application. If the local board of education fails to approve or deny a public charter school application within the ninety-day time period prescribed in this subdivision (b)(2), then the public charter school application shall be deemed approved. (3) The grounds upon which the local board of education based a decision to deny a public charter school application must be stated in writing and must specify objective reasons for the denial. Upon receipt of the grounds for denial, the sponsor has thirty (30) days from receipt to submit an amended application to correct the deficiencies. The local board of education has sixty (60) days from receipt of an amended application to deny or to approve the amended application. If the local board of education fails to approve or deny the amended application within sixty (60) days, then the amended application shall be deemed approved. (4) (A) Until 11:59 p.m. on December 31, 2020: (i) A denial by the local board of education of an application to establish a public charter school may be appealed by the sponsor to the state board of education no later than ten (10) days after the date of the final decision to deny. The appeal and review process must be conducted in accordance with this subdivision (b)(4); (ii) No later than sixty (60) days after the state board of education receives a notice of appeal, or after the state board of education makes a motion to review and provides reasonable public notice, the state board of education, at a public hearing attended by the local board of education or the local board of education's designated representative and held in the LEA in which the proposed public charter school submitted the public charter school application, shall conduct a de novo on the record review of the proposed public charter school's application and make its findings; (iii) The state board of education or the state board of education's executive director, acting for the state board of education, may allow a sponsor to make corrections to the sponsor's application on appeal, except for the elements of the application required under § 49-13-107(b)(1), (2), (4), (6), (9), (12), (13), (18), and (20) ; (iv) If the application is for a public charter school in an LEA that does not contain a priority school on the current or last preceding priority school list, and if the state board of education finds that the local board of education's decision was contrary to the best interests of the students, LEA, or community, then the state board of education shall remand the decision to the local board of education with written instructions for approval of the public charter school application. The grounds upon which the state board of education based its decision to remand the application must be stated in writing and must specify objective reasons for the state board of education's decision. The state board of education's decision is final and is not subject to appeal. The local board of education shall be the authorizer; and (v) If the application is for a public charter school in an LEA that contains at least one (1) priority school on the current or last preceding priority school list, and if the state board of education finds that the local board of education's decision was contrary to the best interests of the students, LEA, or community, then the state board of education may approve the application for the public charter school. The state board of education's decision is final and is not subject to appeal. The state board shall be the authorizer. (B) This subdivision (b)(4) is repealed at 11:59 p.m. on December 31, 2020. (5) Beginning immediately upon the repeal of subdivision (b)(4): (A) A sponsor may appeal a local board of education's decision to deny a public charter school application to the commission no later than ten (10) days after the date of the local board of education's decision. The appeal and review process must be conducted in accordance with this subdivision (b)(5); (B) After receiving a notice of appeal, the commission or the commission's designee shall: (i) Hold an open meeting in the LEA in which the proposed public charter school submitted the public charter school application. The meeting must be open to representatives from the local board of education and the sponsor. Notice of the meeting must be provided to the local board of education, the sponsor, and the general public. At least one (1) week before the meeting, notice of the meeting must be: (a) Published in a newspaper of general circulation in the county where the LEA is located; and (b) Posted on the commission's website; and (ii) Conduct a de novo on the record review of the proposed public charter school's application; (C) The commission shall either approve or deny a public charter school application no later than seventy-five (75) days from the commission's receipt of the notice of appeal; (D) The commission shall review applications on appeal in accordance with the state board of education's quality public charter school authorizing standards. Except as provided in subsection (c), if the commission finds that the application meets or exceeds the metrics outlined in the department of education's application-scoring rubric and that approval of the application is in the best interests of the students, LEA, or community, then the commission may approve the public charter school's application. The commission's decision is final and is not subject to appeal. If the commission approves an application, then the commission is the authorizer and the LEA for that public charter school. The commission may require a charter school authorized by the commission under this section to delay opening for up to one (1) school year through the charter agreement; (E) Notwithstanding subdivision (b)(5)(D), a public charter school authorized by the commission, and the local board of education of the LEA in which the public charter school is located, may, within thirty (30) calendar days of the public charter school's authorization, mutually agree in writing that the local board of education will be the authorizer and the LEA for the public charter school, and the local board of education shall assume the rights and responsibilities of the charter agreement. The charter agreement must be filed with the commission in a manner prescribed by the commission. This subdivision (b)(5)(E) also applies to a public charter school that has had its charter agreement renewed on appeal by the commission; and (F) (i) For accountability purposes under § 49-1-602 , the performance of a public charter school authorized by the commission is not attributable to the LEA in which the public charter school is geographically located; and (ii) Notwithstanding subdivision (b)(5)(F)(i), if a public charter school authorized by the commission, and the LEA in which the public charter school is geographically located, mutually agree that the local board of education will be the authorizer and the LEA for the public charter school pursuant to subdivision (b)(5)(E), then for accountability purposes under § 49-1-602 , the public charter school's performance shall be attributable to the LEA. (c) The local board of education may consider whether the establishment of the proposed public charter school will have a substantial negative fiscal impact on the LEA such that authorization of the public charter school would be contrary to the best interest of the students, LEA, or community. If a local board of education's decision to deny a public charter school application is based on substantial negative fiscal impact, then the commission shall consider the fiscal impact of the public charter school on the LEA before approving a public charter school on appeal. The commission may request additional information from the public charter school sponsor and the LEA regarding such consideration. The commission shall not approve for operation any public charter school that the commission determines will have a substantial negative fiscal impact on an LEA, such that authorization of the public charter school would be contrary to the best interests of the students, LEA, or community. (d) (1) An authorizer may deny a public charter school application if the proposed public charter school plans to staff positions for teachers, administrators, ancillary support personnel, or other employees by utilizing, or otherwise relying on, nonimmigrant foreign worker H1B or J1 visa programs in excess of three and one-half percent (3.5%) of the total number of positions at any single public charter school location for any school year. (2) Notwithstanding subdivision (d)(1), an authorizer shall not deny a public charter school application solely because the proposed public charter school plans to exceed the limitation in subdivision (d)(1) by employing foreign language instructors who, prior to employment, meet and, during the period for which the instructors' H1B or J1 visas have been granted, will meet all Tennessee educator licensure requirements. If an authorizer denies a public charter school application under this subsection (d), then the sponsor may appeal the authorizer's decision to deny the application as provided in subsection (b). (e) An authorizer shall not base the authorizer's approval of a public charter school application on conditions or contingencies. (f) The state board of education shall adopt quality public charter school authorizing standards based on national best practices. Authorizers shall adopt the authorizing standards approved by the state board of education. (g) No later than ten (10) days after the approval or denial of a public charter school application, the authorizer shall report to the department of education whether the authorizer approved or denied the application. The authorizer shall provide the department with a copy of the authorizer's resolution that provides the authorizer's decision and the reasons for the authorizer's decision. Amended by 2022 Tenn. Acts, ch. 1085, s 7, eff. 5/27/2022. Amended by 2019 Tenn. Acts, ch. 219, s 24, eff. 4/26/2019. Amended by 2018 Tenn. Acts, ch. 698, s 1, eff. 7/1/2018. Amended by 2017 Tenn. Acts, ch. 361, s 1, eff. 7/1/2017. Amended by 2017 Tenn. Acts, ch. 307, Secs.s 7, s 8eff. 7/1/2017. Amended by 2017 Tenn. Acts, ch. 307, s 6, eff. 7/1/2017. Amended by 2014 Tenn. Acts, ch. 850, s 6, Sec.s 7, s 8 eff. 4/30/2014. Amended by 2013 Tenn. Acts, ch. 351, s 6, eff. 7/1/2013. Amended by 2013 Tenn. Acts, ch. 326, s 15, eff. 7/1/2013. Acts 2002, ch. 850, §8; 2009 , ch. 555, § 7; 2011 , ch. 466, §§ 8- 11; 2012 , ch. 879, § 3; 2012 , ch. 1021, §§ 7, 8; 2012, ch. 1097, §§ 4 - 6.
(a) Public charter school authorizers have the authority to approve applications to establish public charter schools and to make decisions regarding the renewal and revocation of a charter agreement.
(b) (1) This section only applies to applications for the creation of new public charter schools that are submitted to a local board of education. (2) The local board of education shall rule by resolution, at a regular or specially called meeting, to approve or deny a public charter school application no later than ninety (90) days after the local board of education's receipt of the completed application. If the local board of education fails to approve or deny a public charter school application within the ninety-day time period prescribed in this subdivision (b)(2), then the public charter school application shall be deemed approved. (3) The grounds upon which the local board of education based a decision to deny a public charter school application must be stated in writing and must specify objective reasons for the denial. Upon receipt of the grounds for denial, the sponsor has thirty (30) days from receipt to submit an amended application to correct the deficiencies. The local board of education has sixty (60) days from receipt of an amended application to deny or to approve the amended application. If the local board of education fails to approve or deny the amended application within sixty (60) days, then the amended application shall be deemed approved. (4) (A) Until 11:59 p.m. on December 31, 2020: (i) A denial by the local board of education of an application to establish a public charter school may be appealed by the sponsor to the state board of education no later than ten (10) days after the date of the final decision to deny. The appeal and review process must be conducted in accordance with this subdivision (b)(4); (ii) No later than sixty (60) days after the state board of education receives a notice of appeal, or after the state board of education makes a motion to review and provides reasonable public notice, the state board of education, at a public hearing attended by the local board of education or the local board of education's designated representative and held in the LEA in which the proposed public charter school submitted the public charter school application, shall conduct a de novo on the record review of the proposed public charter school's application and make its findings; (iii) The state board of education or the state board of education's executive director, acting for the state board of education, may allow a sponsor to make corrections to the sponsor's application on appeal, except for the elements of the application required under § 49-13-107(b)(1), (2), (4), (6), (9), (12), (13), (18), and (20) ; (iv) If the application is for a public charter school in an LEA that does not contain a priority school on the current or last preceding priority school list, and if the state board of education finds that the local board of education's decision was contrary to the best interests of the students, LEA, or community, then the state board of education shall remand the decision to the local board of education with written instructions for approval of the public charter school application. The grounds upon which the state board of education based its decision to remand the application must be stated in writing and must specify objective reasons for the state board of education's decision. The state board of education's decision is final and is not subject to appeal. The local board of education shall be the authorizer; and (v) If the application is for a public charter school in an LEA that contains at least one (1) priority school on the current or last preceding priority school list, and if the state board of education finds that the local board of education's decision was contrary to the best interests of the students, LEA, or community, then the state board of education may approve the application for the public charter school. The state board of education's decision is final and is not subject to appeal. The state board shall be the authorizer. (B) This subdivision (b)(4) is repealed at 11:59 p.m. on December 31, 2020. (5) Beginning immediately upon the repeal of subdivision (b)(4): (A) A sponsor may appeal a local board of education's decision to deny a public charter school application to the commission no later than ten (10) days after the date of the local board of education's decision. The appeal and review process must be conducted in accordance with this subdivision (b)(5); (B) After receiving a notice of appeal, the commission or the commission's designee shall: (i) Hold an open meeting in the LEA in which the proposed public charter school submitted the public charter school application. The meeting must be open to representatives from the local board of education and the sponsor. Notice of the meeting must be provided to the local board of education, the sponsor, and the general public. At least one (1) week before the meeting, notice of the meeting must be: (a) Published in a newspaper of general circulation in the county where the LEA is located; and (b) Posted on the commission's website; and (ii) Conduct a de novo on the record review of the proposed public charter school's application; (C) The commission shall either approve or deny a public charter school application no later than seventy-five (75) days from the commission's receipt of the notice of appeal; (D) The commission shall review applications on appeal in accordance with the state board of education's quality public charter school authorizing standards. Except as provided in subsection (c), if the commission finds that the application meets or exceeds the metrics outlined in the department of education's application-scoring rubric and that approval of the application is in the best interests of the students, LEA, or community, then the commission may approve the public charter school's application. The commission's decision is final and is not subject to appeal. If the commission approves an application, then the commission is the authorizer and the LEA for that public charter school. The commission may require a charter school authorized by the commission under this section to delay opening for up to one (1) school year through the charter agreement; (E) Notwithstanding subdivision (b)(5)(D), a public charter school authorized by the commission, and the local board of education of the LEA in which the public charter school is located, may, within thirty (30) calendar days of the public charter school's authorization, mutually agree in writing that the local board of education will be the authorizer and the LEA for the public charter school, and the local board of education shall assume the rights and responsibilities of the charter agreement. The charter agreement must be filed with the commission in a manner prescribed by the commission. This subdivision (b)(5)(E) also applies to a public charter school that has had its charter agreement renewed on appeal by the commission; and (F) (i) For accountability purposes under § 49-1-602 , the performance of a public charter school authorized by the commission is not attributable to the LEA in which the public charter school is geographically located; and (ii) Notwithstanding subdivision (b)(5)(F)(i), if a public charter school authorized by the commission, and the LEA in which the public charter school is geographically located, mutually agree that the local board of education will be the authorizer and the LEA for the public charter school pursuant to subdivision (b)(5)(E), then for accountability purposes under § 49-1-602 , the public charter school's performance shall be attributable to the LEA.
(1) This section only applies to applications for the creation of new public charter schools that are submitted to a local board of education.
(2) The local board of education shall rule by resolution, at a regular or specially called meeting, to approve or deny a public charter school application no later than ninety (90) days after the local board of education's receipt of the completed application. If the local board of education fails to approve or deny a public charter school application within the ninety-day time period prescribed in this subdivision (b)(2), then the public charter school application shall be deemed approved.
(3) The grounds upon which the local board of education based a decision to deny a public charter school application must be stated in writing and must specify objective reasons for the denial. Upon receipt of the grounds for denial, the sponsor has thirty (30) days from receipt to submit an amended application to correct the deficiencies. The local board of education has sixty (60) days from receipt of an amended application to deny or to approve the amended application. If the local board of education fails to approve or deny the amended application within sixty (60) days, then the amended application shall be deemed approved.
(4) (A) Until 11:59 p.m. on December 31, 2020: (i) A denial by the local board of education of an application to establish a public charter school may be appealed by the sponsor to the state board of education no later than ten (10) days after the date of the final decision to deny. The appeal and review process must be conducted in accordance with this subdivision (b)(4); (ii) No later than sixty (60) days after the state board of education receives a notice of appeal, or after the state board of education makes a motion to review and provides reasonable public notice, the state board of education, at a public hearing attended by the local board of education or the local board of education's designated representative and held in the LEA in which the proposed public charter school submitted the public charter school application, shall conduct a de novo on the record review of the proposed public charter school's application and make its findings; (iii) The state board of education or the state board of education's executive director, acting for the state board of education, may allow a sponsor to make corrections to the sponsor's application on appeal, except for the elements of the application required under § 49-13-107(b)(1), (2), (4), (6), (9), (12), (13), (18), and (20) ; (iv) If the application is for a public charter school in an LEA that does not contain a priority school on the current or last preceding priority school list, and if the state board of education finds that the local board of education's decision was contrary to the best interests of the students, LEA, or community, then the state board of education shall remand the decision to the local board of education with written instructions for approval of the public charter school application. The grounds upon which the state board of education based its decision to remand the application must be stated in writing and must specify objective reasons for the state board of education's decision. The state board of education's decision is final and is not subject to appeal. The local board of education shall be the authorizer; and (v) If the application is for a public charter school in an LEA that contains at least one (1) priority school on the current or last preceding priority school list, and if the state board of education finds that the local board of education's decision was contrary to the best interests of the students, LEA, or community, then the state board of education may approve the application for the public charter school. The state board of education's decision is final and is not subject to appeal. The state board shall be the authorizer. (B) This subdivision (b)(4) is repealed at 11:59 p.m. on December 31, 2020.
(A) Until 11:59 p.m. on December 31, 2020: (i) A denial by the local board of education of an application to establish a public charter school may be appealed by the sponsor to the state board of education no later than ten (10) days after the date of the final decision to deny. The appeal and review process must be conducted in accordance with this subdivision (b)(4); (ii) No later than sixty (60) days after the state board of education receives a notice of appeal, or after the state board of education makes a motion to review and provides reasonable public notice, the state board of education, at a public hearing attended by the local board of education or the local board of education's designated representative and held in the LEA in which the proposed public charter school submitted the public charter school application, shall conduct a de novo on the record review of the proposed public charter school's application and make its findings; (iii) The state board of education or the state board of education's executive director, acting for the state board of education, may allow a sponsor to make corrections to the sponsor's application on appeal, except for the elements of the application required under § 49-13-107(b)(1), (2), (4), (6), (9), (12), (13), (18), and (20) ; (iv) If the application is for a public charter school in an LEA that does not contain a priority school on the current or last preceding priority school list, and if the state board of education finds that the local board of education's decision was contrary to the best interests of the students, LEA, or community, then the state board of education shall remand the decision to the local board of education with written instructions for approval of the public charter school application. The grounds upon which the state board of education based its decision to remand the application must be stated in writing and must specify objective reasons for the state board of education's decision. The state board of education's decision is final and is not subject to appeal. The local board of education shall be the authorizer; and (v) If the application is for a public charter school in an LEA that contains at least one (1) priority school on the current or last preceding priority school list, and if the state board of education finds that the local board of education's decision was contrary to the best interests of the students, LEA, or community, then the state board of education may approve the application for the public charter school. The state board of education's decision is final and is not subject to appeal. The state board shall be the authorizer.
(i) A denial by the local board of education of an application to establish a public charter school may be appealed by the sponsor to the state board of education no later than ten (10) days after the date of the final decision to deny. The appeal and review process must be conducted in accordance with this subdivision (b)(4);
(ii) No later than sixty (60) days after the state board of education receives a notice of appeal, or after the state board of education makes a motion to review and provides reasonable public notice, the state board of education, at a public hearing attended by the local board of education or the local board of education's designated representative and held in the LEA in which the proposed public charter school submitted the public charter school application, shall conduct a de novo on the record review of the proposed public charter school's application and make its findings;
(iii) The state board of education or the state board of education's executive director, acting for the state board of education, may allow a sponsor to make corrections to the sponsor's application on appeal, except for the elements of the application required under § 49-13-107(b)(1), (2), (4), (6), (9), (12), (13), (18), and (20) ;
(iv) If the application is for a public charter school in an LEA that does not contain a priority school on the current or last preceding priority school list, and if the state board of education finds that the local board of education's decision was contrary to the best interests of the students, LEA, or community, then the state board of education shall remand the decision to the local board of education with written instructions for approval of the public charter school application. The grounds upon which the state board of education based its decision to remand the application must be stated in writing and must specify objective reasons for the state board of education's decision. The state board of education's decision is final and is not subject to appeal. The local board of education shall be the authorizer; and
(v) If the application is for a public charter school in an LEA that contains at least one (1) priority school on the current or last preceding priority school list, and if the state board of education finds that the local board of education's decision was contrary to the best interests of the students, LEA, or community, then the state board of education may approve the application for the public charter school. The state board of education's decision is final and is not subject to appeal. The state board shall be the authorizer.
(B) This subdivision (b)(4) is repealed at 11:59 p.m. on December 31, 2020.
(5) Beginning immediately upon the repeal of subdivision (b)(4): (A) A sponsor may appeal a local board of education's decision to deny a public charter school application to the commission no later than ten (10) days after the date of the local board of education's decision. The appeal and review process must be conducted in accordance with this subdivision (b)(5); (B) After receiving a notice of appeal, the commission or the commission's designee shall: (i) Hold an open meeting in the LEA in which the proposed public charter school submitted the public charter school application. The meeting must be open to representatives from the local board of education and the sponsor. Notice of the meeting must be provided to the local board of education, the sponsor, and the general public. At least one (1) week before the meeting, notice of the meeting must be: (a) Published in a newspaper of general circulation in the county where the LEA is located; and (b) Posted on the commission's website; and (ii) Conduct a de novo on the record review of the proposed public charter school's application; (C) The commission shall either approve or deny a public charter school application no later than seventy-five (75) days from the commission's receipt of the notice of appeal; (D) The commission shall review applications on appeal in accordance with the state board of education's quality public charter school authorizing standards. Except as provided in subsection (c), if the commission finds that the application meets or exceeds the metrics outlined in the department of education's application-scoring rubric and that approval of the application is in the best interests of the students, LEA, or community, then the commission may approve the public charter school's application. The commission's decision is final and is not subject to appeal. If the commission approves an application, then the commission is the authorizer and the LEA for that public charter school. The commission may require a charter school authorized by the commission under this section to delay opening for up to one (1) school year through the charter agreement; (E) Notwithstanding subdivision (b)(5)(D), a public charter school authorized by the commission, and the local board of education of the LEA in which the public charter school is located, may, within thirty (30) calendar days of the public charter school's authorization, mutually agree in writing that the local board of education will be the authorizer and the LEA for the public charter school, and the local board of education shall assume the rights and responsibilities of the charter agreement. The charter agreement must be filed with the commission in a manner prescribed by the commission. This subdivision (b)(5)(E) also applies to a public charter school that has had its charter agreement renewed on appeal by the commission; and (F) (i) For accountability purposes under § 49-1-602 , the performance of a public charter school authorized by the commission is not attributable to the LEA in which the public charter school is geographically located; and (ii) Notwithstanding subdivision (b)(5)(F)(i), if a public charter school authorized by the commission, and the LEA in which the public charter school is geographically located, mutually agree that the local board of education will be the authorizer and the LEA for the public charter school pursuant to subdivision (b)(5)(E), then for accountability purposes under § 49-1-602 , the public charter school's performance shall be attributable to the LEA.
(A) A sponsor may appeal a local board of education's decision to deny a public charter school application to the commission no later than ten (10) days after the date of the local board of education's decision. The appeal and review process must be conducted in accordance with this subdivision (b)(5);
(B) After receiving a notice of appeal, the commission or the commission's designee shall: (i) Hold an open meeting in the LEA in which the proposed public charter school submitted the public charter school application. The meeting must be open to representatives from the local board of education and the sponsor. Notice of the meeting must be provided to the local board of education, the sponsor, and the general public. At least one (1) week before the meeting, notice of the meeting must be: (a) Published in a newspaper of general circulation in the county where the LEA is located; and (b) Posted on the commission's website; and (ii) Conduct a de novo on the record review of the proposed public charter school's application;
(i) Hold an open meeting in the LEA in which the proposed public charter school submitted the public charter school application. The meeting must be open to representatives from the local board of education and the sponsor. Notice of the meeting must be provided to the local board of education, the sponsor, and the general public. At least one (1) week before the meeting, notice of the meeting must be: (a) Published in a newspaper of general circulation in the county where the LEA is located; and (b) Posted on the commission's website; and
(a) Published in a newspaper of general circulation in the county where the LEA is located; and
(b) Posted on the commission's website; and
(ii) Conduct a de novo on the record review of the proposed public charter school's application;
(C) The commission shall either approve or deny a public charter school application no later than seventy-five (75) days from the commission's receipt of the notice of appeal;
(D) The commission shall review applications on appeal in accordance with the state board of education's quality public charter school authorizing standards. Except as provided in subsection (c), if the commission finds that the application meets or exceeds the metrics outlined in the department of education's application-scoring rubric and that approval of the application is in the best interests of the students, LEA, or community, then the commission may approve the public charter school's application. The commission's decision is final and is not subject to appeal. If the commission approves an application, then the commission is the authorizer and the LEA for that public charter school. The commission may require a charter school authorized by the commission under this section to delay opening for up to one (1) school year through the charter agreement;
(E) Notwithstanding subdivision (b)(5)(D), a public charter school authorized by the commission, and the local board of education of the LEA in which the public charter school is located, may, within thirty (30) calendar days of the public charter school's authorization, mutually agree in writing that the local board of education will be the authorizer and the LEA for the public charter school, and the local board of education shall assume the rights and responsibilities of the charter agreement. The charter agreement must be filed with the commission in a manner prescribed by the commission. This subdivision (b)(5)(E) also applies to a public charter school that has had its charter agreement renewed on appeal by the commission; and
(F) (i) For accountability purposes under § 49-1-602 , the performance of a public charter school authorized by the commission is not attributable to the LEA in which the public charter school is geographically located; and (ii) Notwithstanding subdivision (b)(5)(F)(i), if a public charter school authorized by the commission, and the LEA in which the public charter school is geographically located, mutually agree that the local board of education will be the authorizer and the LEA for the public charter school pursuant to subdivision (b)(5)(E), then for accountability purposes under § 49-1-602 , the public charter school's performance shall be attributable to the LEA.
(i) For accountability purposes under § 49-1-602 , the performance of a public charter school authorized by the commission is not attributable to the LEA in which the public charter school is geographically located; and
(ii) Notwithstanding subdivision (b)(5)(F)(i), if a public charter school authorized by the commission, and the LEA in which the public charter school is geographically located, mutually agree that the local board of education will be the authorizer and the LEA for the public charter school pursuant to subdivision (b)(5)(E), then for accountability purposes under § 49-1-602 , the public charter school's performance shall be attributable to the LEA.
(c) The local board of education may consider whether the establishment of the proposed public charter school will have a substantial negative fiscal impact on the LEA such that authorization of the public charter school would be contrary to the best interest of the students, LEA, or community. If a local board of education's decision to deny a public charter school application is based on substantial negative fiscal impact, then the commission shall consider the fiscal impact of the public charter school on the LEA before approving a public charter school on appeal. The commission may request additional information from the public charter school sponsor and the LEA regarding such consideration. The commission shall not approve for operation any public charter school that the commission determines will have a substantial negative fiscal impact on an LEA, such that authorization of the public charter school would be contrary to the best interests of the students, LEA, or community.
(d) (1) An authorizer may deny a public charter school application if the proposed public charter school plans to staff positions for teachers, administrators, ancillary support personnel, or other employees by utilizing, or otherwise relying on, nonimmigrant foreign worker H1B or J1 visa programs in excess of three and one-half percent (3.5%) of the total number of positions at any single public charter school location for any school year. (2) Notwithstanding subdivision (d)(1), an authorizer shall not deny a public charter school application solely because the proposed public charter school plans to exceed the limitation in subdivision (d)(1) by employing foreign language instructors who, prior to employment, meet and, during the period for which the instructors' H1B or J1 visas have been granted, will meet all Tennessee educator licensure requirements. If an authorizer denies a public charter school application under this subsection (d), then the sponsor may appeal the authorizer's decision to deny the application as provided in subsection (b).
(1) An authorizer may deny a public charter school application if the proposed public charter school plans to staff positions for teachers, administrators, ancillary support personnel, or other employees by utilizing, or otherwise relying on, nonimmigrant foreign worker H1B or J1 visa programs in excess of three and one-half percent (3.5%) of the total number of positions at any single public charter school location for any school year.
(2) Notwithstanding subdivision (d)(1), an authorizer shall not deny a public charter school application solely because the proposed public charter school plans to exceed the limitation in subdivision (d)(1) by employing foreign language instructors who, prior to employment, meet and, during the period for which the instructors' H1B or J1 visas have been granted, will meet all Tennessee educator licensure requirements. If an authorizer denies a public charter school application under this subsection (d), then the sponsor may appeal the authorizer's decision to deny the application as provided in subsection (b).
(e) An authorizer shall not base the authorizer's approval of a public charter school application on conditions or contingencies.
(f) The state board of education shall adopt quality public charter school authorizing standards based on national best practices. Authorizers shall adopt the authorizing standards approved by the state board of education.
(g) No later than ten (10) days after the approval or denial of a public charter school application, the authorizer shall report to the department of education whether the authorizer approved or denied the application. The authorizer shall provide the department with a copy of the authorizer's resolution that provides the authorizer's decision and the reasons for the authorizer's decision.
Amended by 2022 Tenn. Acts, ch. 1085, s 7, eff. 5/27/2022.
Amended by 2019 Tenn. Acts, ch. 219, s 24, eff. 4/26/2019.
Amended by 2018 Tenn. Acts, ch. 698, s 1, eff. 7/1/2018.
Amended by 2017 Tenn. Acts, ch. 361, s 1, eff. 7/1/2017.
Amended by 2017 Tenn. Acts, ch. 307, Secs.s 7, s 8eff. 7/1/2017.
Amended by 2017 Tenn. Acts, ch. 307, s 6, eff. 7/1/2017.
Amended by 2014 Tenn. Acts, ch. 850, s 6, Sec.s 7, s 8 eff. 4/30/2014.
Amended by 2013 Tenn. Acts, ch. 351, s 6, eff. 7/1/2013.
Amended by 2013 Tenn. Acts, ch. 326, s 15, eff. 7/1/2013.
Acts 2002, ch. 850, §8; 2009 , ch. 555, § 7; 2011 , ch. 466, §§ 8- 11; 2012 , ch. 879, § 3; 2012 , ch. 1021, §§ 7, 8; 2012, ch. 1097, §§ 4 - 6.
Tenn. Code Ann. § 49-11-201 — TN Code / Title 49 / Chapter 11 / Section 49-11-201
Creation - Membership
Status: in_force

(a) There is created the Tennessee council for career and technical education. (b) (1) The council shall consist of fifteen (15) members, appointed by the governor and speakers of the general assembly, and shall serve in an advisory capacity to the state board of education, the board of regents, the governor, and the general assembly. The members of the council appointed pursuant to subdivision (b)(2) shall serve terms of six (6) years and the members appointed pursuant to subdivision (b)(3) shall serve terms of two (2) years. In the event a vacancy is created by the death or resignation of a member or by other cause, a successor shall be appointed within fifteen (15) days to serve for the remainder of the unexpired term. (2) The governor shall appoint thirteen (13) individuals to fill each of the following categories: (A) Seven (7) individuals who are representatives of the private sector in the state who shall constitute a majority of the membership of the governor's appointees: (i) Five (5) shall be representatives of business, industry, trade organizations, and agriculture; and (ii) Two (2) shall be representatives of labor organizations; and (B) Six (6) individuals who are representatives of secondary and postsecondary career and technical institutions, equitably distributed among the institutions, career guidance and counseling organizations within the state, individuals who have special knowledge and qualifications with respect to the special educational and career development needs of special populations, including women, the disadvantaged, the handicapped, individuals with limited English proficiency, and minorities, and of whom one (1) member shall be a representative of the special education population. (3) The speaker of the senate and the speaker of the house of representatives shall each appoint one (1) legislator to serve as a member of the council. Amended by 2017 Tenn. Acts, ch. 433,s 1, eff. 7/1/2017. Amended by 2015 Tenn. Acts, ch. 55,s 14, eff. 4/6/2015. Acts 1980, ch. 791, § 1; T.C.A., § 49-27-201; Acts 1985, ch. 129, § 1; 1994, ch. 763, §§ 1, 2; 2006, ch. 1016, § 4.
(a) There is created the Tennessee council for career and technical education.
(b) (1) The council shall consist of fifteen (15) members, appointed by the governor and speakers of the general assembly, and shall serve in an advisory capacity to the state board of education, the board of regents, the governor, and the general assembly. The members of the council appointed pursuant to subdivision (b)(2) shall serve terms of six (6) years and the members appointed pursuant to subdivision (b)(3) shall serve terms of two (2) years. In the event a vacancy is created by the death or resignation of a member or by other cause, a successor shall be appointed within fifteen (15) days to serve for the remainder of the unexpired term. (2) The governor shall appoint thirteen (13) individuals to fill each of the following categories: (A) Seven (7) individuals who are representatives of the private sector in the state who shall constitute a majority of the membership of the governor's appointees: (i) Five (5) shall be representatives of business, industry, trade organizations, and agriculture; and (ii) Two (2) shall be representatives of labor organizations; and (B) Six (6) individuals who are representatives of secondary and postsecondary career and technical institutions, equitably distributed among the institutions, career guidance and counseling organizations within the state, individuals who have special knowledge and qualifications with respect to the special educational and career development needs of special populations, including women, the disadvantaged, the handicapped, individuals with limited English proficiency, and minorities, and of whom one (1) member shall be a representative of the special education population. (3) The speaker of the senate and the speaker of the house of representatives shall each appoint one (1) legislator to serve as a member of the council.
(1) The council shall consist of fifteen (15) members, appointed by the governor and speakers of the general assembly, and shall serve in an advisory capacity to the state board of education, the board of regents, the governor, and the general assembly. The members of the council appointed pursuant to subdivision (b)(2) shall serve terms of six (6) years and the members appointed pursuant to subdivision (b)(3) shall serve terms of two (2) years. In the event a vacancy is created by the death or resignation of a member or by other cause, a successor shall be appointed within fifteen (15) days to serve for the remainder of the unexpired term.
(2) The governor shall appoint thirteen (13) individuals to fill each of the following categories: (A) Seven (7) individuals who are representatives of the private sector in the state who shall constitute a majority of the membership of the governor's appointees: (i) Five (5) shall be representatives of business, industry, trade organizations, and agriculture; and (ii) Two (2) shall be representatives of labor organizations; and (B) Six (6) individuals who are representatives of secondary and postsecondary career and technical institutions, equitably distributed among the institutions, career guidance and counseling organizations within the state, individuals who have special knowledge and qualifications with respect to the special educational and career development needs of special populations, including women, the disadvantaged, the handicapped, individuals with limited English proficiency, and minorities, and of whom one (1) member shall be a representative of the special education population.
(A) Seven (7) individuals who are representatives of the private sector in the state who shall constitute a majority of the membership of the governor's appointees: (i) Five (5) shall be representatives of business, industry, trade organizations, and agriculture; and (ii) Two (2) shall be representatives of labor organizations; and
(i) Five (5) shall be representatives of business, industry, trade organizations, and agriculture; and
(ii) Two (2) shall be representatives of labor organizations; and
(B) Six (6) individuals who are representatives of secondary and postsecondary career and technical institutions, equitably distributed among the institutions, career guidance and counseling organizations within the state, individuals who have special knowledge and qualifications with respect to the special educational and career development needs of special populations, including women, the disadvantaged, the handicapped, individuals with limited English proficiency, and minorities, and of whom one (1) member shall be a representative of the special education population.
(3) The speaker of the senate and the speaker of the house of representatives shall each appoint one (1) legislator to serve as a member of the council.
Amended by 2017 Tenn. Acts, ch. 433,s 1, eff. 7/1/2017.
Amended by 2015 Tenn. Acts, ch. 55,s 14, eff. 4/6/2015.
Acts 1980, ch. 791, § 1; T.C.A., § 49-27-201; Acts 1985, ch. 129, § 1; 1994, ch. 763, §§ 1, 2; 2006, ch. 1016, § 4.
Tenn. Code Ann. § 49-2-406 — TN Code / Title 49 / Chapter 2 / Section 49-2-406
Reports to state
Status: in_force

Each director of schools or local board of education shall make all reports required by the commissioner of education. Amended by 2021 Tenn. Acts, ch. 493, s 11, eff. 5/25/2021. Acts 1925, ch. 115, § 15; Shan. Supp., § 1487a104; Code 1932, § 2395; T.C.A. (orig. ed.), § 49-309.
Each director of schools or local board of education shall make all reports required by the commissioner of education.
Amended by 2021 Tenn. Acts, ch. 493, s 11, eff. 5/25/2021.
Acts 1925, ch. 115, § 15; Shan. Supp., § 1487a104; Code 1932, § 2395; T.C.A. (orig. ed.), § 49-309.
Tenn. Code Ann. § 49-7-1309 — TN Code / Title 49 / Chapter 7 / Section 49-7-1309
VETS campuses to provide annual data to THEC
Status: in_force

(a) By July 31 of each year, a campus meeting the qualification criteria and attaining the VETS campus designation shall provide the following data to THEC: (1) The number of veterans enrolled at the campus; (2) The programs of study in which veterans are enrolled; (3) The completion of degrees or other credentials by veterans; and (4) A current list of course equivalencies for military education, training, and experience. (b) By July 31, 2025, and by each July 31 thereafter, a VETS campus designated as a VETS Bravo campus shall provide the following data to THEC: (1) Aggregated annual survey results; (2) The number of students participating in support programs dedicated specifically for veteran and military-affiliated students along with academic progress statistics; (3) Documentation evidencing the VETS Bravo campus liaison's participation in at least two (2) professional development activities related to veterans; and (4) The number of veteran students who received career services and the job placement rate for all veteran students in the previous academic year. Amended by 2024 Tenn. Acts, ch. 622,s 3, eff. 7/1/2024. Amended by 2017 Tenn. Acts, ch. 31, s 1, eff. 3/29/2017.
(a) By July 31 of each year, a campus meeting the qualification criteria and attaining the VETS campus designation shall provide the following data to THEC: (1) The number of veterans enrolled at the campus; (2) The programs of study in which veterans are enrolled; (3) The completion of degrees or other credentials by veterans; and (4) A current list of course equivalencies for military education, training, and experience.
(1) The number of veterans enrolled at the campus;
(2) The programs of study in which veterans are enrolled;
(3) The completion of degrees or other credentials by veterans; and
(4) A current list of course equivalencies for military education, training, and experience.
(b) By July 31, 2025, and by each July 31 thereafter, a VETS campus designated as a VETS Bravo campus shall provide the following data to THEC: (1) Aggregated annual survey results; (2) The number of students participating in support programs dedicated specifically for veteran and military-affiliated students along with academic progress statistics; (3) Documentation evidencing the VETS Bravo campus liaison's participation in at least two (2) professional development activities related to veterans; and (4) The number of veteran students who received career services and the job placement rate for all veteran students in the previous academic year.
(1) Aggregated annual survey results;
(2) The number of students participating in support programs dedicated specifically for veteran and military-affiliated students along with academic progress statistics;
(3) Documentation evidencing the VETS Bravo campus liaison's participation in at least two (2) professional development activities related to veterans; and
(4) The number of veteran students who received career services and the job placement rate for all veteran students in the previous academic year.
Amended by 2024 Tenn. Acts, ch. 622,s 3, eff. 7/1/2024.
Amended by 2017 Tenn. Acts, ch. 31, s 1, eff. 3/29/2017.
Tenn. Code Ann. § 49-6-1706 — TN Code / Title 49 / Chapter 6 / Section 49-6-1706
Funds
Status: in_force

(a) Funds of the commission shall be used exclusively for the purposes and activities set forth in this part and shall be invested by the state treasurer in accordance with § 9-4-603 . (b) Any reserve balance remaining unexpended at the end of a fiscal year in the commission's account shall not revert to the general fund but shall be carried forward into the subsequent fiscal year. (c) Notwithstanding any law to the contrary, interest accruing on investments and deposits of the commission shall be credited to the commission's account, shall not revert to the general fund, and shall be carried forward into the subsequent fiscal year. Acts 2010 , ch. 1097, § 1; 2011 , ch. 212, § 3; T.C.A. § 49-7-3106 .
(a) Funds of the commission shall be used exclusively for the purposes and activities set forth in this part and shall be invested by the state treasurer in accordance with § 9-4-603 .
(b) Any reserve balance remaining unexpended at the end of a fiscal year in the commission's account shall not revert to the general fund but shall be carried forward into the subsequent fiscal year.
(c) Notwithstanding any law to the contrary, interest accruing on investments and deposits of the commission shall be credited to the commission's account, shall not revert to the general fund, and shall be carried forward into the subsequent fiscal year.
Acts 2010 , ch. 1097, § 1; 2011 , ch. 212, § 3; T.C.A. § 49-7-3106 .
Tenn. Code Ann. § 49-5-511 — TN Code / Title 49 / Chapter 5 / Section 49-5-511
Dismissal or suspension of teachers - Causes for dismissal - Position reduction - Written notice - Preferred list for employment - Convictions - License revocation
Status: in_force

(a) (1) No teacher shall be dismissed or suspended except as provided in this part. (2) The causes for which a teacher may be dismissed or suspended are: incompetence, inefficiency, neglect of duty, unprofessional conduct, and insubordination, as defined in § 49-5-501 . (3) A director of schools may suspend a teacher at any time that may seem necessary, pending investigation or final disposition of a case before the board or an appeal. If the matter under investigation is not the subject of an ongoing criminal investigation or a department of children's services investigation, and if no charges have been made pursuant to subdivision (a)(4), a suspension pending investigation shall not exceed ninety (90) days in duration. If vindicated or reinstated, the teacher shall be paid the full salary for the period during which the teacher was suspended. (4) When charges are made to the board of education against a teacher, charging the teacher with offenses that would justify dismissal of the teacher under the terms of this part, the charges shall be made in writing, specifically stating the offenses that are charged, and shall be signed by the party or parties making the charges. (5) If, in the opinion of the board, charges are of such a nature as to warrant the dismissal of the teacher, the director of schools shall give the teacher a written notice of this decision, together with a copy of the charges and a copy of a form, which shall be provided by the commissioner of education, advising the teacher as to the teacher's legal duties, rights, and recourse under the terms of this part. (b) (1) When it becomes necessary to reduce the number of teaching positions or nonlicensed positions in the system because of a decrease in enrollment or for other good reasons, the board shall be empowered to dismiss such teachers or nonlicensed employees based on their level of effectiveness determined by the evaluation pursuant to § 49-1-302 for licensed employees and an evaluation of work performance for nonlicensed employees. (2) The board shall give the teacher or nonlicensed employee written notice of dismissal explaining fully the circumstances or conditions making the dismissal necessary. (3) A teacher rated in the three (3) highest categories based on evaluations pursuant to § 49-1-302 who has been dismissed because of abolition of a position shall be placed on a list for reemployment. Nothing in this subsection (b) shall be construed to deprive the director of schools of the power to determine the filling of such vacancy on the basis of the director of schools' evaluation of the teacher's competence, compatibility, and suitability to properly discharge the duties required for the vacant position considered in the light of the best interest of the students in the school where the vacancy exists. A principal may refuse to accept the placement or transfer of a teacher by the director of schools to the principal's school. The teacher's most recent evaluations shall be a factor in such determination. (4) The right to remain on the preferred list for employment shall remain in effect until: (A) The teacher accepts a bona fide offer of reemployment for a comparable position within the LEA; or (B) The teacher rejects four (4) bona fide offers of reemployment for comparable positions within the LEA. (c) (1) Notwithstanding subsection (a), but subject to the appeal and review provisions of §§ 49-5-512 and 49-5-513 , any teacher convicted of a felony listed in § 40-35-501(i)(2) or convicted of an offense listed in § 39-17-417 shall be immediately suspended, and dismissed subject to subdivision (c)(2). (2) If the dismissal of the teacher is upheld in the board and court reviews provided for in §§ 49-5-512 and 49-5-513 , the director shall notify in writing the commissioner of education who shall begin licensure revocation proceedings under applicable rules of the state board of education. Amended by 2013 Tenn. Acts, ch. 369, s 1, eff. 7/1/2014. Amended by 2014 Tenn. Acts, ch. 684, s 1, eff. 7/1/2014. Acts 1951, ch. 76, §§ 2, 6, 7, 15 (Williams, §§ 2345.2, 2345.6, 2345.7, 2345.15); Acts 1955, ch. 343, § 2; T.C.A. (orig. ed.), §§ 49-1410, 49-1412 -- 49-1415; Acts 1989, ch. 197, § 1; 1990, ch. 948, § 23; 1999, ch. 43, § 1; 2001, ch. 197, § 1; 2002, ch. 535, § 1; 2008 , ch. 612, §§ 1 - 3; 2011 , ch. 70, § 9; 2011 , ch. 378, § 3; 2012 , ch. 801, § 1; 2012 , ch. 1012, § 1.
(a) (1) No teacher shall be dismissed or suspended except as provided in this part. (2) The causes for which a teacher may be dismissed or suspended are: incompetence, inefficiency, neglect of duty, unprofessional conduct, and insubordination, as defined in § 49-5-501 . (3) A director of schools may suspend a teacher at any time that may seem necessary, pending investigation or final disposition of a case before the board or an appeal. If the matter under investigation is not the subject of an ongoing criminal investigation or a department of children's services investigation, and if no charges have been made pursuant to subdivision (a)(4), a suspension pending investigation shall not exceed ninety (90) days in duration. If vindicated or reinstated, the teacher shall be paid the full salary for the period during which the teacher was suspended. (4) When charges are made to the board of education against a teacher, charging the teacher with offenses that would justify dismissal of the teacher under the terms of this part, the charges shall be made in writing, specifically stating the offenses that are charged, and shall be signed by the party or parties making the charges. (5) If, in the opinion of the board, charges are of such a nature as to warrant the dismissal of the teacher, the director of schools shall give the teacher a written notice of this decision, together with a copy of the charges and a copy of a form, which shall be provided by the commissioner of education, advising the teacher as to the teacher's legal duties, rights, and recourse under the terms of this part.
(1) No teacher shall be dismissed or suspended except as provided in this part.
(2) The causes for which a teacher may be dismissed or suspended are: incompetence, inefficiency, neglect of duty, unprofessional conduct, and insubordination, as defined in § 49-5-501 .
(3) A director of schools may suspend a teacher at any time that may seem necessary, pending investigation or final disposition of a case before the board or an appeal. If the matter under investigation is not the subject of an ongoing criminal investigation or a department of children's services investigation, and if no charges have been made pursuant to subdivision (a)(4), a suspension pending investigation shall not exceed ninety (90) days in duration. If vindicated or reinstated, the teacher shall be paid the full salary for the period during which the teacher was suspended.
(4) When charges are made to the board of education against a teacher, charging the teacher with offenses that would justify dismissal of the teacher under the terms of this part, the charges shall be made in writing, specifically stating the offenses that are charged, and shall be signed by the party or parties making the charges.
(5) If, in the opinion of the board, charges are of such a nature as to warrant the dismissal of the teacher, the director of schools shall give the teacher a written notice of this decision, together with a copy of the charges and a copy of a form, which shall be provided by the commissioner of education, advising the teacher as to the teacher's legal duties, rights, and recourse under the terms of this part.
(b) (1) When it becomes necessary to reduce the number of teaching positions or nonlicensed positions in the system because of a decrease in enrollment or for other good reasons, the board shall be empowered to dismiss such teachers or nonlicensed employees based on their level of effectiveness determined by the evaluation pursuant to § 49-1-302 for licensed employees and an evaluation of work performance for nonlicensed employees. (2) The board shall give the teacher or nonlicensed employee written notice of dismissal explaining fully the circumstances or conditions making the dismissal necessary. (3) A teacher rated in the three (3) highest categories based on evaluations pursuant to § 49-1-302 who has been dismissed because of abolition of a position shall be placed on a list for reemployment. Nothing in this subsection (b) shall be construed to deprive the director of schools of the power to determine the filling of such vacancy on the basis of the director of schools' evaluation of the teacher's competence, compatibility, and suitability to properly discharge the duties required for the vacant position considered in the light of the best interest of the students in the school where the vacancy exists. A principal may refuse to accept the placement or transfer of a teacher by the director of schools to the principal's school. The teacher's most recent evaluations shall be a factor in such determination. (4) The right to remain on the preferred list for employment shall remain in effect until: (A) The teacher accepts a bona fide offer of reemployment for a comparable position within the LEA; or (B) The teacher rejects four (4) bona fide offers of reemployment for comparable positions within the LEA.
(1) When it becomes necessary to reduce the number of teaching positions or nonlicensed positions in the system because of a decrease in enrollment or for other good reasons, the board shall be empowered to dismiss such teachers or nonlicensed employees based on their level of effectiveness determined by the evaluation pursuant to § 49-1-302 for licensed employees and an evaluation of work performance for nonlicensed employees.
(2) The board shall give the teacher or nonlicensed employee written notice of dismissal explaining fully the circumstances or conditions making the dismissal necessary.
(3) A teacher rated in the three (3) highest categories based on evaluations pursuant to § 49-1-302 who has been dismissed because of abolition of a position shall be placed on a list for reemployment. Nothing in this subsection (b) shall be construed to deprive the director of schools of the power to determine the filling of such vacancy on the basis of the director of schools' evaluation of the teacher's competence, compatibility, and suitability to properly discharge the duties required for the vacant position considered in the light of the best interest of the students in the school where the vacancy exists. A principal may refuse to accept the placement or transfer of a teacher by the director of schools to the principal's school. The teacher's most recent evaluations shall be a factor in such determination.
(4) The right to remain on the preferred list for employment shall remain in effect until: (A) The teacher accepts a bona fide offer of reemployment for a comparable position within the LEA; or (B) The teacher rejects four (4) bona fide offers of reemployment for comparable positions within the LEA.
(A) The teacher accepts a bona fide offer of reemployment for a comparable position within the LEA; or
(B) The teacher rejects four (4) bona fide offers of reemployment for comparable positions within the LEA.
(c) (1) Notwithstanding subsection (a), but subject to the appeal and review provisions of §§ 49-5-512 and 49-5-513 , any teacher convicted of a felony listed in § 40-35-501(i)(2) or convicted of an offense listed in § 39-17-417 shall be immediately suspended, and dismissed subject to subdivision (c)(2). (2) If the dismissal of the teacher is upheld in the board and court reviews provided for in §§ 49-5-512 and 49-5-513 , the director shall notify in writing the commissioner of education who shall begin licensure revocation proceedings under applicable rules of the state board of education.
(1) Notwithstanding subsection (a), but subject to the appeal and review provisions of §§ 49-5-512 and 49-5-513 , any teacher convicted of a felony listed in § 40-35-501(i)(2) or convicted of an offense listed in § 39-17-417 shall be immediately suspended, and dismissed subject to subdivision (c)(2).
(2) If the dismissal of the teacher is upheld in the board and court reviews provided for in §§ 49-5-512 and 49-5-513 , the director shall notify in writing the commissioner of education who shall begin licensure revocation proceedings under applicable rules of the state board of education.
Amended by 2013 Tenn. Acts, ch. 369, s 1, eff. 7/1/2014.
Amended by 2014 Tenn. Acts, ch. 684, s 1, eff. 7/1/2014.
Acts 1951, ch. 76, §§ 2, 6, 7, 15 (Williams, §§ 2345.2, 2345.6, 2345.7, 2345.15); Acts 1955, ch. 343, § 2; T.C.A. (orig. ed.), §§ 49-1410, 49-1412 -- 49-1415; Acts 1989, ch. 197, § 1; 1990, ch. 948, § 23; 1999, ch. 43, § 1; 2001, ch. 197, § 1; 2002, ch. 535, § 1; 2008 , ch. 612, §§ 1 - 3; 2011 , ch. 70, § 9; 2011 , ch. 378, § 3; 2012 , ch. 801, § 1; 2012 , ch. 1012, § 1.
Tenn. Code Ann. § 49-3-310 — TN Code / Title 49 / Chapter 3 / Section 49-3-310
Textbooks and other instructional materials
Status: in_force

Textbooks and other instructional materials purchased by LEAs and public charter schools using state school funds are subject to the following minimum amounts and conditions: (1) (A) It is the legislative intent that the board shall purchase the necessary textbooks, instructional materials and kindergarten materials early enough that the students shall have the textbooks, instructional materials and kindergarten materials available to them when the schools open. The board shall furnish the textbooks and instructional materials that are listed by the state textbook and instructional materials quality commission for adoption and that have been adopted by the board as are required for the use of students by the board; (B) All textbooks and instructional materials purchased with state school funds under this section are, and shall remain, the property of the board purchasing them. The board shall establish policies it deems necessary for the care and protection of its textbooks and instructional materials. The policies may include any of the following sanctions against a pupil who fails or refuses to pay for a lost or damaged textbook and instructional materials at the replacement cost less reasonable depreciation: (i) Refusal to issue any additional textbooks and instructional materials until restitution is made; (ii) Withholding of all grade cards, diplomas, certificates of progress or transcripts until restitution is made; (iii) Not allowing the pupil to take interim or final examinations or to earn course credit in the course for which the textbook and instructional materials are prescribed until restitution is made; or (iv) Reducing the pupil's grade in the course for which the textbook and instructional materials are prescribed by one (1) letter grade or ten (10) percentage points until restitution is made; (C) No board of education of any public school system shall require any pupil or parent to purchase any textbook or instructional materials except in cases where the pupil or parent damages, loses or defaces the textbook or instructional materials either through willful intent or neglect. Nothing in this section shall prohibit any pupil or parent from voluntarily purchasing textbooks and instructional materials. The commissioner may collect from LEAs the data needed to administer this section effectively; (2) For the purpose of this part or chapter 6, part 22 of this title, "textbook and instructional materials" mean any medium or manual of instruction that contains a systematic presentation of the principles of a subject and that constitutes a major instructional vehicle for that subject; (3) An LEA may purchase technology using state school funds under this section in a school year immediately following a textbook adoption cycle in which the state textbook and instructional materials quality commission did not list or recommend career and technical education textbooks or instructional materials. An LEA may use any remaining funds under this section after the purchase of career and technical education textbooks or instructional materials to purchase technology. Amended by 2022 Tenn. Acts, ch. 966, s 12, eff. 7/1/2023. Amended by 2021 Tenn. Acts, ch. 276, s 1, eff. 4/30/2021. Amended by 2018 Tenn. Acts, ch. 725, s 28, eff. 4/18/2018. Amended by 2014 Tenn. Acts, ch. 981,s 28, eff. 1/1/2015. Amended by 2014 Tenn. Acts, ch. 981,s 26, eff. 1/1/2015. Amended by 2014 Tenn. Acts, ch. 981,s 25, eff. 1/1/2015. Acts 1977, ch. 289, § 7; 1980, ch. 486, § 1; 1980, ch. 509, § 1; 1983, ch. 32, §§ 1, 2; 1983, ch. 448, §§ 1, 2; T.C.A., § 49-609; Acts 1986, ch. 684, §§ 1, 2; 1989, ch. 198, §§ 1, 2; 1990, ch. 698, § 1; 1999, ch. 228, §§ 1, 6; 2001, ch. 284, § 6.
Textbooks and other instructional materials purchased by LEAs and public charter schools using state school funds are subject to the following minimum amounts and conditions:
(1) (A) It is the legislative intent that the board shall purchase the necessary textbooks, instructional materials and kindergarten materials early enough that the students shall have the textbooks, instructional materials and kindergarten materials available to them when the schools open. The board shall furnish the textbooks and instructional materials that are listed by the state textbook and instructional materials quality commission for adoption and that have been adopted by the board as are required for the use of students by the board; (B) All textbooks and instructional materials purchased with state school funds under this section are, and shall remain, the property of the board purchasing them. The board shall establish policies it deems necessary for the care and protection of its textbooks and instructional materials. The policies may include any of the following sanctions against a pupil who fails or refuses to pay for a lost or damaged textbook and instructional materials at the replacement cost less reasonable depreciation: (i) Refusal to issue any additional textbooks and instructional materials until restitution is made; (ii) Withholding of all grade cards, diplomas, certificates of progress or transcripts until restitution is made; (iii) Not allowing the pupil to take interim or final examinations or to earn course credit in the course for which the textbook and instructional materials are prescribed until restitution is made; or (iv) Reducing the pupil's grade in the course for which the textbook and instructional materials are prescribed by one (1) letter grade or ten (10) percentage points until restitution is made; (C) No board of education of any public school system shall require any pupil or parent to purchase any textbook or instructional materials except in cases where the pupil or parent damages, loses or defaces the textbook or instructional materials either through willful intent or neglect. Nothing in this section shall prohibit any pupil or parent from voluntarily purchasing textbooks and instructional materials. The commissioner may collect from LEAs the data needed to administer this section effectively;
(A) It is the legislative intent that the board shall purchase the necessary textbooks, instructional materials and kindergarten materials early enough that the students shall have the textbooks, instructional materials and kindergarten materials available to them when the schools open. The board shall furnish the textbooks and instructional materials that are listed by the state textbook and instructional materials quality commission for adoption and that have been adopted by the board as are required for the use of students by the board;
(B) All textbooks and instructional materials purchased with state school funds under this section are, and shall remain, the property of the board purchasing them. The board shall establish policies it deems necessary for the care and protection of its textbooks and instructional materials. The policies may include any of the following sanctions against a pupil who fails or refuses to pay for a lost or damaged textbook and instructional materials at the replacement cost less reasonable depreciation: (i) Refusal to issue any additional textbooks and instructional materials until restitution is made; (ii) Withholding of all grade cards, diplomas, certificates of progress or transcripts until restitution is made; (iii) Not allowing the pupil to take interim or final examinations or to earn course credit in the course for which the textbook and instructional materials are prescribed until restitution is made; or (iv) Reducing the pupil's grade in the course for which the textbook and instructional materials are prescribed by one (1) letter grade or ten (10) percentage points until restitution is made;
(i) Refusal to issue any additional textbooks and instructional materials until restitution is made;
(ii) Withholding of all grade cards, diplomas, certificates of progress or transcripts until restitution is made;
(iii) Not allowing the pupil to take interim or final examinations or to earn course credit in the course for which the textbook and instructional materials are prescribed until restitution is made; or
(iv) Reducing the pupil's grade in the course for which the textbook and instructional materials are prescribed by one (1) letter grade or ten (10) percentage points until restitution is made;
(C) No board of education of any public school system shall require any pupil or parent to purchase any textbook or instructional materials except in cases where the pupil or parent damages, loses or defaces the textbook or instructional materials either through willful intent or neglect. Nothing in this section shall prohibit any pupil or parent from voluntarily purchasing textbooks and instructional materials. The commissioner may collect from LEAs the data needed to administer this section effectively;
(2) For the purpose of this part or chapter 6, part 22 of this title, "textbook and instructional materials" mean any medium or manual of instruction that contains a systematic presentation of the principles of a subject and that constitutes a major instructional vehicle for that subject;
(3) An LEA may purchase technology using state school funds under this section in a school year immediately following a textbook adoption cycle in which the state textbook and instructional materials quality commission did not list or recommend career and technical education textbooks or instructional materials. An LEA may use any remaining funds under this section after the purchase of career and technical education textbooks or instructional materials to purchase technology.
Amended by 2022 Tenn. Acts, ch. 966, s 12, eff. 7/1/2023.
Amended by 2021 Tenn. Acts, ch. 276, s 1, eff. 4/30/2021.
Amended by 2018 Tenn. Acts, ch. 725, s 28, eff. 4/18/2018.
Amended by 2014 Tenn. Acts, ch. 981,s 28, eff. 1/1/2015.
Amended by 2014 Tenn. Acts, ch. 981,s 26, eff. 1/1/2015.
Amended by 2014 Tenn. Acts, ch. 981,s 25, eff. 1/1/2015.
Acts 1977, ch. 289, § 7; 1980, ch. 486, § 1; 1980, ch. 509, § 1; 1983, ch. 32, §§ 1, 2; 1983, ch. 448, §§ 1, 2; T.C.A., § 49-609; Acts 1986, ch. 684, §§ 1, 2; 1989, ch. 198, §§ 1, 2; 1990, ch. 698, § 1; 1999, ch. 228, §§ 1, 6; 2001, ch. 284, § 6.
Tenn. Code Ann. § 49-6-1035 — TN Code / Title 49 / Chapter 6 / Section 49-6-1035
Domestic violence awareness education programs
Status: in_force

Each LEA, in consultation with local law enforcement, is strongly encouraged to institute domestic violence awareness education programs for middle and high school students. The domestic violence awareness programs shall provide information on and understanding of domestic violence prevention to increase awareness of resources available to victims of domestic violence. An LEA shall ensure that each program instituted is developmentally appropriate for the age and maturity levels of the students who will take part in the program. LEAs instituting domestic violence programs are strongly encouraged to provide opportunities for participation by all middle and high school students in at least one (1) domestic violence awareness program per year. Added by 2015 Tenn. Acts, ch. 263,s 1, eff. 7/1/2015.
Each LEA, in consultation with local law enforcement, is strongly encouraged to institute domestic violence awareness education programs for middle and high school students. The domestic violence awareness programs shall provide information on and understanding of domestic violence prevention to increase awareness of resources available to victims of domestic violence. An LEA shall ensure that each program instituted is developmentally appropriate for the age and maturity levels of the students who will take part in the program. LEAs instituting domestic violence programs are strongly encouraged to provide opportunities for participation by all middle and high school students in at least one (1) domestic violence awareness program per year.
Added by 2015 Tenn. Acts, ch. 263,s 1, eff. 7/1/2015.
Tenn. Code Ann. § 49-50-910 — TN Code / Title 49 / Chapter 50 / Section 49-50-910
Records - Audits
Status: in_force

(a) Any station that receives any grant under this part shall retain a complete set of business records for a period of not less than three (3) years following the date of the grant. These records are to be maintained in accordance with generally accepted accounting practices, and shall be in a form that is readily auditable. (b) The commissioner or comptroller of the treasury may examine the records as necessary to ascertain that the sums appropriated by the general assembly are being used by the grantee stations for purposes of station operation or capital improvement and not for any private purpose. Acts 1984, ch. 514, § 10.
(a) Any station that receives any grant under this part shall retain a complete set of business records for a period of not less than three (3) years following the date of the grant. These records are to be maintained in accordance with generally accepted accounting practices, and shall be in a form that is readily auditable.
(b) The commissioner or comptroller of the treasury may examine the records as necessary to ascertain that the sums appropriated by the general assembly are being used by the grantee stations for purposes of station operation or capital improvement and not for any private purpose.
Acts 1984, ch. 514, § 10.
Tenn. Code Ann. § 49-11-401 — TN Code / Title 49 / Chapter 11 / Section 49-11-401
Legislative intent
Status: in_force

(a) It is declared to be the intent of the general assembly to establish a statewide system of state colleges of applied technology to meet more adequately the occupational and technical training needs of citizens and residents of this state, including employees and future employees of existing and prospective industries and businesses in this state. (b) The individual colleges of applied technology established by this part shall be known as "Tennessee College of Applied Technology - " followed by the name of the city, town or place in which or near which the college is located. Amended by 2013 Tenn. Acts, ch. 473,s 2, eff. 7/1/2013. Acts 1963, ch. 229, § 1; T.C.A., § 49-2609; Acts 1994, ch. 685, §§ 1, 2.
(a) It is declared to be the intent of the general assembly to establish a statewide system of state colleges of applied technology to meet more adequately the occupational and technical training needs of citizens and residents of this state, including employees and future employees of existing and prospective industries and businesses in this state.
(b) The individual colleges of applied technology established by this part shall be known as "Tennessee College of Applied Technology - " followed by the name of the city, town or place in which or near which the college is located.
Amended by 2013 Tenn. Acts, ch. 473,s 2, eff. 7/1/2013.
Acts 1963, ch. 229, § 1; T.C.A., § 49-2609; Acts 1994, ch. 685, §§ 1, 2.
Tenn. Code Ann. § 49-6-4106 — TN Code / Title 49 / Chapter 6 / Section 49-6-4106
[Repealed] Reserved
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 77, s 5, eff. 1/1/2022. Acts 2009 , ch. 315, § 1.
Repealed by 2021 Tenn. Acts, ch. 77, s 5, eff. 1/1/2022.
Acts 2009 , ch. 315, § 1.
Tenn. Code Ann. § 49-15-102 — TN Code / Title 49 / Chapter 15 / Section 49-15-102
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Consortium" means the consortium for cooperative innovative education created under § 49-15-103 ; (2) "Dual credit program" means a postsecondary course, taught in a high school by certified secondary instructors, the successful completion of which prepares a secondary student to sit for a postsecondary challenge examination, administered under the supervision of postsecondary faculty or a consortium approved certified secondary instructor. The student's score on the challenge examination shall be used by a postsecondary institution for evaluation to determine the granting of postsecondary credit towards a diploma or a certificate or an associate or baccalaureate degree; (3) "Dual enrollment program" means a program in which a secondary student is enrolled in a postsecondary course creditable toward high school completion and a postsecondary diploma or certificate or an associate or baccalaureate degree; and (4) "Office of postsecondary coordination and alignment" means the office of postsecondary coordination and alignment in the division of career and technical education in the department of education. Acts 2007 , ch. 459, § 1; 2012 , ch. 967, §§ 1, 2.
As used in this chapter, unless the context otherwise requires:
(1) "Consortium" means the consortium for cooperative innovative education created under § 49-15-103 ;
(2) "Dual credit program" means a postsecondary course, taught in a high school by certified secondary instructors, the successful completion of which prepares a secondary student to sit for a postsecondary challenge examination, administered under the supervision of postsecondary faculty or a consortium approved certified secondary instructor. The student's score on the challenge examination shall be used by a postsecondary institution for evaluation to determine the granting of postsecondary credit towards a diploma or a certificate or an associate or baccalaureate degree;
(3) "Dual enrollment program" means a program in which a secondary student is enrolled in a postsecondary course creditable toward high school completion and a postsecondary diploma or certificate or an associate or baccalaureate degree; and
(4) "Office of postsecondary coordination and alignment" means the office of postsecondary coordination and alignment in the division of career and technical education in the department of education.
Acts 2007 , ch. 459, § 1; 2012 , ch. 967, §§ 1, 2.
Tenn. Code Ann. § 49-6-706 — TN Code / Title 49 / Chapter 6 / Section 49-6-706
Funding for costs incurred in administering programs
Status: in_force

Costs incurred by the department in administering the programs established by this part that provide a system of competitive grants and technical assistance for eligible organizations providing after school educational programs consistent with the Constitution of Tennessee, Article XI, § 5 shall be funded from the LEAP grant fund as part of such programs. Acts 2006, ch. 940, § 3; 2008, ch. 1175, § 4.
Costs incurred by the department in administering the programs established by this part that provide a system of competitive grants and technical assistance for eligible organizations providing after school educational programs consistent with the Constitution of Tennessee, Article XI, § 5 shall be funded from the LEAP grant fund as part of such programs.
Acts 2006, ch. 940, § 3; 2008, ch. 1175, § 4.
Tenn. Code Ann. § 49-6-3103 — TN Code / Title 49 / Chapter 6 / Section 49-6-3103
Factors in determining assignment
Status: in_force

In determining the particular public school to which pupils shall be assigned, the board of education may consider and base its decision on any one (1) or more of the following factors: (1) Available room and teaching capacity in the various schools; (2) The geographical location of the place of residence of the pupil as related to the various schools of the system; (3) The availability of transportation facilities; (4) The effect of the enrollment on the welfare and best interests of the pupil and all other pupils in the school as well as the effect on the efficiency of the operation of the school; (5) The effect of the admission of new pupils upon established or proposed academic programs; (6) The suitability of established curricula for particular pupils; (7) The adequacy of the pupil's academic preparation for admission to a particular school and curriculum; (8) The scholastic aptitude and relative intelligence or mental energy or ability of the pupil; (9) The psychological qualifications of the pupil for the type of teaching and associations involved; (10) The effect of admission of the pupil upon the academic program of other students in a particular school or facility; (11) The effect of admission upon prevailing academic standards at a particular school; (12) The psychological effect upon the pupil of attendance at a particular school; (13) The effect of any disparity between the physical and mental ages of any pupil to be enrolled, especially when contrasted with the average physical and mental ages of the group with which the pupil may be placed; (14) The sociological, psychological and like intangible social scientific factors as will prevent, as nearly as possible, a condition of socioeconomic class consciousness among the pupils; (15) The possibility or threat of friction or disorder among pupils or others; (16) The possibility of breaches of the peace or ill will or economic retaliation within the community; (17) The home environment of the pupil; (18) The maintenance or severance of established social and psychological relationships with other pupils and with teachers; (19) The choice and interests of the pupil; (20) The sex, morals, conduct, health and personal standards of the pupil; (21) The request or consent of parents or guardians and the reasons assigned therefor; and (22) All other factors that the board may consider pertinent, relevant or material in their effect upon the welfare and best interest of the applicant, other pupils of the school district as a whole and the inhabitants of the school district. Acts 1957, ch. 13, § 2; 1974, ch. 654, § 110; T.C.A., § 49-1742.
In determining the particular public school to which pupils shall be assigned, the board of education may consider and base its decision on any one (1) or more of the following factors:
(1) Available room and teaching capacity in the various schools;
(2) The geographical location of the place of residence of the pupil as related to the various schools of the system;
(3) The availability of transportation facilities;
(4) The effect of the enrollment on the welfare and best interests of the pupil and all other pupils in the school as well as the effect on the efficiency of the operation of the school;
(5) The effect of the admission of new pupils upon established or proposed academic programs;
(6) The suitability of established curricula for particular pupils;
(7) The adequacy of the pupil's academic preparation for admission to a particular school and curriculum;
(8) The scholastic aptitude and relative intelligence or mental energy or ability of the pupil;
(9) The psychological qualifications of the pupil for the type of teaching and associations involved;
(10) The effect of admission of the pupil upon the academic program of other students in a particular school or facility;
(11) The effect of admission upon prevailing academic standards at a particular school;
(12) The psychological effect upon the pupil of attendance at a particular school;
(13) The effect of any disparity between the physical and mental ages of any pupil to be enrolled, especially when contrasted with the average physical and mental ages of the group with which the pupil may be placed;
(14) The sociological, psychological and like intangible social scientific factors as will prevent, as nearly as possible, a condition of socioeconomic class consciousness among the pupils;
(15) The possibility or threat of friction or disorder among pupils or others;
(16) The possibility of breaches of the peace or ill will or economic retaliation within the community;
(17) The home environment of the pupil;
(18) The maintenance or severance of established social and psychological relationships with other pupils and with teachers;
(19) The choice and interests of the pupil;
(20) The sex, morals, conduct, health and personal standards of the pupil;
(21) The request or consent of parents or guardians and the reasons assigned therefor; and
(22) All other factors that the board may consider pertinent, relevant or material in their effect upon the welfare and best interest of the applicant, other pupils of the school district as a whole and the inhabitants of the school district.
Acts 1957, ch. 13, § 2; 1974, ch. 654, § 110; T.C.A., § 49-1742.
Tenn. Code Ann. § 49-13-122 — TN Code / Title 49 / Chapter 13 / Section 49-13-122
Revocation of charter
Status: in_force

(a) (1) An authorizer, excluding the achievement school district, and the authorizer of an opportunity public charter school, may revoke a public charter school agreement if the public charter school receives identification as a priority school, as defined by the state's accountability system pursuant to § 49-1-602 ; provided, however, that an authorizer shall not revoke a public charter school agreement based on the public charter school being identified as a priority school on the priority school list issued in 2022 or 2023. The revocation takes effect immediately following the close of the school year in which the public charter school is identified as a priority school. (2) If the authorizer does not revoke a public charter school agreement after a public charter school is identified as a priority school, then the public charter school must develop and implement a comprehensive support and improvement plan pursuant to § 49-1-602(b)(6) . (3) An authorizer, excluding the achievement school district and the authorizer of an opportunity public charter school, shall revoke a public charter school agreement if the public charter school receives identification as a priority school for two (2) consecutive cycles. The revocation takes effect immediately following the close of the school year in which the public charter school is identified as a priority school for the second consecutive cycle. The priority school lists issued in 2022 and 2023 shall not be considered a priority school cycle for purposes of this subdivision (a)(3) and shall not subject a public charter school to automatic revocation of its charter agreement. (4) The revocation of a public charter school agreement under subdivisions (a)(1) or (a)(3) is final and is not subject to appeal. A public charter school that is scheduled to close under this subsection (a) is entitled to a review by the department of education to verify the accuracy of the data used to identify the public charter school as a priority school. (5) This subsection (a) does not prohibit an authorizer from revoking a charter agreement of a public charter school that fails to meet the minimum performance requirements set forth in the charter agreement. (b) A public charter school agreement may be revoked by the authorizer if the authorizer determines that the school: (1) Committed a material violation of the conditions, standards, or procedures set forth in the charter agreement; (2) Failed to meet or make sufficient progress toward the performance expectations set forth in the charter agreement; or (3) Failed to meet generally accepted standards of fiscal management. (c) (1) Each authorizer shall, by August 1, 2023, adopt a progressive intervention policy that outlines the process for charter school intervention if the authorizer determines that a public charter school meets the criteria for revocation under subsection (b), or if the authorizer determines that a public charter school is not complying with this chapter or with the charter agreement. (2) If an authorizer determines that a public charter school meets the criteria for revocation under subsection (b), or that a public charter school is not complying with this chapter or with the charter agreement, then the authorizer shall promptly notify the public charter school and provide the public charter school the opportunity to remedy the issue within the timeframe established by the authorizer according to the authorizer's progressive intervention policy. (3) If the public charter school fails to remedy the issue within the timeframe established by the authorizer according to the authorizer's progressive intervention policy, then the authorizer may issue corrective actions short of revocation; provided, that a corrective action shall not include a financial sanction. Corrective actions short of revocation that may be issued by the authorizer must be outlined in the authorizer's progressive intervention policy. (4) If the corrective actions fail to remedy the issue, then the authorizer may seek revocation of the charter agreement pursuant to this section. (5) Each progressive intervention policy must align with the state board of education's quality public charter school authorizing standards adopted pursuant to § 49-13-108(f) , and must be reviewed by the state board of education as part of the authorizer quality evaluation required under § 49-13-145 . (d) A charter agreement may be revoked at any time by the authorizer in an emergency situation without the authorizer first having to implement the progressive intervention policy. An emergency situation includes, but is not limited to, instances of fraud; misappropriation of funds; flagrant violation of health and safety laws, rules, and regulations; flagrant disregard of the charter agreement; or similar misconduct. (e) Thirty (30) days prior to a decision by an authorizer to revoke a charter agreement, the authorizer shall notify the public charter school in writing of the possibility of revocation and the reasons for the possible revocation. (f) If the authorizer revokes a charter agreement, then the authorizer shall clearly state in writing the reasons for the revocation. (g) No later than ten (10) days after an authorizer adopts a resolution to revoke a charter agreement, the authorizer shall report the authorizer's decision to the department of education and shall provide a copy of the resolution that sets forth the authorizer's decision and the reasons for the decision. (h) (1) A decision to revoke a charter agreement may be appealed to the commission no later than ten (10) days after the date of the decision, except for revocations based on the violations specified in subsection (a). No later than sixty (60) days after the commission receives a notice of appeal and after the commission provides reasonable public notice, the commission shall hold an open meeting in the LEA in which the public charter school has been operating to conduct a de novo on the record review of the local board of education's decision. In order to overturn a local board of education's decision to revoke a charter agreement, the commission must find that the decision was contrary to this section. If the commission overturns the local board of education's decision to revoke a charter agreement, then the commission shall remand the decision to the local board of education and the local board of education shall remain the authorizer. The commission's decision is final and is not subject to appeal. (2) This subsection (h) only applies to decisions to revoke a charter agreement for which the local board of education is the authorizer. (i) Except in an emergency situation, as described in subsection (d), a decision to revoke a charter agreement becomes effective at the close of the school year. Amended by 2024 Tenn. Acts, ch. 1066,s 11, eff. 7/1/2024, app. to opportunity public charter schools applying to open in the 2026- 2027 school year or in a subsequent school year. Amended by 2024 Tenn. Acts, ch. 1066,s 10, eff. 7/1/2024, app. to opportunity public charter schools applying to open in the 2026- 2027 school year or in a subsequent school year. Amended by 2023 Tenn. Acts, ch. 290, s 2, eff. 4/28/2023. Amended by 2023 Tenn. Acts, ch. 290, s 1, eff. 4/28/2023. Amended by 2023 Tenn. Acts, ch. 206, s 6, eff. 4/24/2023. Amended by 2019 Tenn. Acts, ch. 219, Secs.s 72, s 73, s 74, s 75eff. 4/26/2019. Amended by 2019 Tenn. Acts, ch. 205, s 1, eff. 4/25/2019. Amended by 2017 Tenn. Acts, ch. 307, s 18, eff. 7/1/2017. Amended by 2015 Tenn. Acts, ch. 171, s 1, eff. 4/17/2015. Amended by 2014 Tenn. Acts, ch. 850, s 15, eff. 4/30/2014. Amended by 2014 Tenn. Acts, ch. 721, s 1, eff. 7/1/2014. Acts 2002, ch. 850, §23; 2011 , ch. 466, §§ 14, 15; 2012 , ch. 879, § 4; 2012 , ch. 962, §§ 4, 5.
(a) (1) An authorizer, excluding the achievement school district, and the authorizer of an opportunity public charter school, may revoke a public charter school agreement if the public charter school receives identification as a priority school, as defined by the state's accountability system pursuant to § 49-1-602 ; provided, however, that an authorizer shall not revoke a public charter school agreement based on the public charter school being identified as a priority school on the priority school list issued in 2022 or 2023. The revocation takes effect immediately following the close of the school year in which the public charter school is identified as a priority school. (2) If the authorizer does not revoke a public charter school agreement after a public charter school is identified as a priority school, then the public charter school must develop and implement a comprehensive support and improvement plan pursuant to § 49-1-602(b)(6) . (3) An authorizer, excluding the achievement school district and the authorizer of an opportunity public charter school, shall revoke a public charter school agreement if the public charter school receives identification as a priority school for two (2) consecutive cycles. The revocation takes effect immediately following the close of the school year in which the public charter school is identified as a priority school for the second consecutive cycle. The priority school lists issued in 2022 and 2023 shall not be considered a priority school cycle for purposes of this subdivision (a)(3) and shall not subject a public charter school to automatic revocation of its charter agreement. (4) The revocation of a public charter school agreement under subdivisions (a)(1) or (a)(3) is final and is not subject to appeal. A public charter school that is scheduled to close under this subsection (a) is entitled to a review by the department of education to verify the accuracy of the data used to identify the public charter school as a priority school. (5) This subsection (a) does not prohibit an authorizer from revoking a charter agreement of a public charter school that fails to meet the minimum performance requirements set forth in the charter agreement.
(1) An authorizer, excluding the achievement school district, and the authorizer of an opportunity public charter school, may revoke a public charter school agreement if the public charter school receives identification as a priority school, as defined by the state's accountability system pursuant to § 49-1-602 ; provided, however, that an authorizer shall not revoke a public charter school agreement based on the public charter school being identified as a priority school on the priority school list issued in 2022 or 2023. The revocation takes effect immediately following the close of the school year in which the public charter school is identified as a priority school.
(2) If the authorizer does not revoke a public charter school agreement after a public charter school is identified as a priority school, then the public charter school must develop and implement a comprehensive support and improvement plan pursuant to § 49-1-602(b)(6) .
(3) An authorizer, excluding the achievement school district and the authorizer of an opportunity public charter school, shall revoke a public charter school agreement if the public charter school receives identification as a priority school for two (2) consecutive cycles. The revocation takes effect immediately following the close of the school year in which the public charter school is identified as a priority school for the second consecutive cycle. The priority school lists issued in 2022 and 2023 shall not be considered a priority school cycle for purposes of this subdivision (a)(3) and shall not subject a public charter school to automatic revocation of its charter agreement.
(4) The revocation of a public charter school agreement under subdivisions (a)(1) or (a)(3) is final and is not subject to appeal. A public charter school that is scheduled to close under this subsection (a) is entitled to a review by the department of education to verify the accuracy of the data used to identify the public charter school as a priority school.
(5) This subsection (a) does not prohibit an authorizer from revoking a charter agreement of a public charter school that fails to meet the minimum performance requirements set forth in the charter agreement.
(b) A public charter school agreement may be revoked by the authorizer if the authorizer determines that the school: (1) Committed a material violation of the conditions, standards, or procedures set forth in the charter agreement; (2) Failed to meet or make sufficient progress toward the performance expectations set forth in the charter agreement; or (3) Failed to meet generally accepted standards of fiscal management.
(1) Committed a material violation of the conditions, standards, or procedures set forth in the charter agreement;
(2) Failed to meet or make sufficient progress toward the performance expectations set forth in the charter agreement; or
(3) Failed to meet generally accepted standards of fiscal management.
(c) (1) Each authorizer shall, by August 1, 2023, adopt a progressive intervention policy that outlines the process for charter school intervention if the authorizer determines that a public charter school meets the criteria for revocation under subsection (b), or if the authorizer determines that a public charter school is not complying with this chapter or with the charter agreement. (2) If an authorizer determines that a public charter school meets the criteria for revocation under subsection (b), or that a public charter school is not complying with this chapter or with the charter agreement, then the authorizer shall promptly notify the public charter school and provide the public charter school the opportunity to remedy the issue within the timeframe established by the authorizer according to the authorizer's progressive intervention policy. (3) If the public charter school fails to remedy the issue within the timeframe established by the authorizer according to the authorizer's progressive intervention policy, then the authorizer may issue corrective actions short of revocation; provided, that a corrective action shall not include a financial sanction. Corrective actions short of revocation that may be issued by the authorizer must be outlined in the authorizer's progressive intervention policy. (4) If the corrective actions fail to remedy the issue, then the authorizer may seek revocation of the charter agreement pursuant to this section. (5) Each progressive intervention policy must align with the state board of education's quality public charter school authorizing standards adopted pursuant to § 49-13-108(f) , and must be reviewed by the state board of education as part of the authorizer quality evaluation required under § 49-13-145 .
(1) Each authorizer shall, by August 1, 2023, adopt a progressive intervention policy that outlines the process for charter school intervention if the authorizer determines that a public charter school meets the criteria for revocation under subsection (b), or if the authorizer determines that a public charter school is not complying with this chapter or with the charter agreement.
(2) If an authorizer determines that a public charter school meets the criteria for revocation under subsection (b), or that a public charter school is not complying with this chapter or with the charter agreement, then the authorizer shall promptly notify the public charter school and provide the public charter school the opportunity to remedy the issue within the timeframe established by the authorizer according to the authorizer's progressive intervention policy.
(3) If the public charter school fails to remedy the issue within the timeframe established by the authorizer according to the authorizer's progressive intervention policy, then the authorizer may issue corrective actions short of revocation; provided, that a corrective action shall not include a financial sanction. Corrective actions short of revocation that may be issued by the authorizer must be outlined in the authorizer's progressive intervention policy.
(4) If the corrective actions fail to remedy the issue, then the authorizer may seek revocation of the charter agreement pursuant to this section.
(5) Each progressive intervention policy must align with the state board of education's quality public charter school authorizing standards adopted pursuant to § 49-13-108(f) , and must be reviewed by the state board of education as part of the authorizer quality evaluation required under § 49-13-145 .
(d) A charter agreement may be revoked at any time by the authorizer in an emergency situation without the authorizer first having to implement the progressive intervention policy. An emergency situation includes, but is not limited to, instances of fraud; misappropriation of funds; flagrant violation of health and safety laws, rules, and regulations; flagrant disregard of the charter agreement; or similar misconduct.
(e) Thirty (30) days prior to a decision by an authorizer to revoke a charter agreement, the authorizer shall notify the public charter school in writing of the possibility of revocation and the reasons for the possible revocation.
(f) If the authorizer revokes a charter agreement, then the authorizer shall clearly state in writing the reasons for the revocation.
(g) No later than ten (10) days after an authorizer adopts a resolution to revoke a charter agreement, the authorizer shall report the authorizer's decision to the department of education and shall provide a copy of the resolution that sets forth the authorizer's decision and the reasons for the decision.
(h) (1) A decision to revoke a charter agreement may be appealed to the commission no later than ten (10) days after the date of the decision, except for revocations based on the violations specified in subsection (a). No later than sixty (60) days after the commission receives a notice of appeal and after the commission provides reasonable public notice, the commission shall hold an open meeting in the LEA in which the public charter school has been operating to conduct a de novo on the record review of the local board of education's decision. In order to overturn a local board of education's decision to revoke a charter agreement, the commission must find that the decision was contrary to this section. If the commission overturns the local board of education's decision to revoke a charter agreement, then the commission shall remand the decision to the local board of education and the local board of education shall remain the authorizer. The commission's decision is final and is not subject to appeal. (2) This subsection (h) only applies to decisions to revoke a charter agreement for which the local board of education is the authorizer.
(1) A decision to revoke a charter agreement may be appealed to the commission no later than ten (10) days after the date of the decision, except for revocations based on the violations specified in subsection (a). No later than sixty (60) days after the commission receives a notice of appeal and after the commission provides reasonable public notice, the commission shall hold an open meeting in the LEA in which the public charter school has been operating to conduct a de novo on the record review of the local board of education's decision. In order to overturn a local board of education's decision to revoke a charter agreement, the commission must find that the decision was contrary to this section. If the commission overturns the local board of education's decision to revoke a charter agreement, then the commission shall remand the decision to the local board of education and the local board of education shall remain the authorizer. The commission's decision is final and is not subject to appeal.
(2) This subsection (h) only applies to decisions to revoke a charter agreement for which the local board of education is the authorizer.
(i) Except in an emergency situation, as described in subsection (d), a decision to revoke a charter agreement becomes effective at the close of the school year.
Amended by 2024 Tenn. Acts, ch. 1066,s 11, eff. 7/1/2024, app. to opportunity public charter schools applying to open in the 2026- 2027 school year or in a subsequent school year.
Amended by 2024 Tenn. Acts, ch. 1066,s 10, eff. 7/1/2024, app. to opportunity public charter schools applying to open in the 2026- 2027 school year or in a subsequent school year.
Amended by 2023 Tenn. Acts, ch. 290, s 2, eff. 4/28/2023.
Amended by 2023 Tenn. Acts, ch. 290, s 1, eff. 4/28/2023.
Amended by 2023 Tenn. Acts, ch. 206, s 6, eff. 4/24/2023.
Amended by 2019 Tenn. Acts, ch. 219, Secs.s 72, s 73, s 74, s 75eff. 4/26/2019.
Amended by 2019 Tenn. Acts, ch. 205, s 1, eff. 4/25/2019.
Amended by 2017 Tenn. Acts, ch. 307, s 18, eff. 7/1/2017.
Amended by 2015 Tenn. Acts, ch. 171, s 1, eff. 4/17/2015.
Amended by 2014 Tenn. Acts, ch. 850, s 15, eff. 4/30/2014.
Amended by 2014 Tenn. Acts, ch. 721, s 1, eff. 7/1/2014.
Acts 2002, ch. 850, §23; 2011 , ch. 466, §§ 14, 15; 2012 , ch. 879, § 4; 2012 , ch. 962, §§ 4, 5.
Tenn. Code Ann. § 49-8-114 — TN Code / Title 49 / Chapter 8 / Section 49-8-114
Contracts - Small businesses - Minority owned businesses
Status: in_force

(a) Notwithstanding any other law to the contrary, state universities and community colleges may set aside an amount not to exceed ten percent (10%) of the total amount of funds allocated for the procurement of personal property and services for the purpose of entering into contracts with small businesses and minority-owned businesses. The contracts shall be competitively bid among small businesses and minority-owned businesses. (b) For the purposes of this section, "small businesses" and "minority-owned businesses" mean a business that is solely owned, or at least fifty-one percent (51%) of the outstanding stock of which is owned, by a person who is impeded from normal entry into the economic mainstream because of past practices of discrimination based on race, religion, ethnic background, sex or service in the armed forces during the Vietnam War; provided, that it is not the policy of the state to encourage employment outside the home of mothers of minor children. "Minority-owned businesses" includes a business that is solely owned, or at least fifty-one percent (51%) of the assets or outstanding stock of which is owned, by an individual who is impeded from normal entry into the economic mainstream because of a disability as defined in § 4-26-102 . "Minority owned businesses" also includes a business that is solely owned, or at least fifty-one percent (51%) of the assets or outstanding stock of which is owned, by an individual who is impeded from normal entry into the economic mainstream because of past practices of racial discrimination against African-Americans. Acts 1987, ch. 354, § 2; 1989, ch. 375, § 2; 1993, ch. 488, § 4; 1994, ch. 767, § 3; 1994, ch. 981, § 2.
(a) Notwithstanding any other law to the contrary, state universities and community colleges may set aside an amount not to exceed ten percent (10%) of the total amount of funds allocated for the procurement of personal property and services for the purpose of entering into contracts with small businesses and minority-owned businesses. The contracts shall be competitively bid among small businesses and minority-owned businesses.
(b) For the purposes of this section, "small businesses" and "minority-owned businesses" mean a business that is solely owned, or at least fifty-one percent (51%) of the outstanding stock of which is owned, by a person who is impeded from normal entry into the economic mainstream because of past practices of discrimination based on race, religion, ethnic background, sex or service in the armed forces during the Vietnam War; provided, that it is not the policy of the state to encourage employment outside the home of mothers of minor children. "Minority-owned businesses" includes a business that is solely owned, or at least fifty-one percent (51%) of the assets or outstanding stock of which is owned, by an individual who is impeded from normal entry into the economic mainstream because of a disability as defined in § 4-26-102 . "Minority owned businesses" also includes a business that is solely owned, or at least fifty-one percent (51%) of the assets or outstanding stock of which is owned, by an individual who is impeded from normal entry into the economic mainstream because of past practices of racial discrimination against African-Americans.
Acts 1987, ch. 354, § 2; 1989, ch. 375, § 2; 1993, ch. 488, § 4; 1994, ch. 767, § 3; 1994, ch. 981, § 2.
Tenn. Code Ann. § 49-2-2101 — TN Code / Title 49 / Chapter 2 / Section 49-2-2101
General provisions
Status: in_force

(a) The chief administrative officers of the public school systems, called directors of schools in this section, are authorized to form and join an organization whose membership shall be open to directors of schools in service, but membership in the organization shall not be required. Additionally, the organization shall be open to affiliate membership for principals, assistant principals, and system-wide supervisors for the purpose of professional development coursework and related activities. (b) (1) The organization, if formed pursuant to this section and before entering upon any other activities, shall adopt a constitution, which may be amended subsequently, setting forth its purposes, which shall include, but not be limited to: (A) The advancement of public education; (B) The promotion of the work and interests of directors of schools, principals, assistant principals, and system-wide supervisors; (C) The gathering and circulation of information on general school matters; (D) The provision of pertinent information on sound education legislation to the general assembly; and (E) The cooperation with the department of education and other agencies and organizations interested in public education. (2) The organization may adopt bylaws and from time to time revise the bylaws. (c) (1) The organization is authorized to perform all reasonable acts necessary or incidental to carrying out its purposes. (2) The organization may receive funds in the form of membership fees from its members and contributions from individuals, organizations, and agencies, public and private, and may expend the funds for the purposes of carrying on its program, including the employment of necessary staff and consultants. (3) Membership fees for directors of schools shall be set in the bylaws of the organization and may be paid from any local school funds budgeted for this purpose, but shall not be included in any matching funds otherwise required for participation in the Tennessee investment in student achievement formula (TISA). (4) Membership fees for affiliate members shall be set in the bylaws of the organization and may be paid from any local school funds budgeted for this purpose. Funds derived for membership fees from affiliate members shall be used only for professional development purposes and related expenses. No part of these funds shall be used for the purpose of lobbying or government relations. Upon request of the chair of the education committee of the senate or the chair of the education administration committee of the house of representatives, a report detailing the professional development activities for affiliate members of the organization shall be submitted to the committee. (5) No direct state appropriation or grant of state funds shall be made to this organization; however, departments and agencies of state and local governments may contract for services with the organization for which state and local revenues may be used. (d) The organization shall not be in lieu of or infringe upon the existing superintendents' study council, which is authorized to continue as an in-service education effort of the department of education. Amended by 2022 Tenn. Acts, ch. 966, s 46, eff. 7/1/2023. Amended by 2021 Tenn. Acts, ch. 64, s 77, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 345, s 88, eff. 5/10/2019. Amended by 2016 Tenn. Acts, ch. 733, Secs.s 1, s 2, s 3, s 4 eff. 4/7/2016. Acts 1975, ch. 115, §§ 1-4; T.C.A., §§ 49-531 -- 49-534; Acts 2006, ch. 797, § 2.
(a) The chief administrative officers of the public school systems, called directors of schools in this section, are authorized to form and join an organization whose membership shall be open to directors of schools in service, but membership in the organization shall not be required. Additionally, the organization shall be open to affiliate membership for principals, assistant principals, and system-wide supervisors for the purpose of professional development coursework and related activities.
(b) (1) The organization, if formed pursuant to this section and before entering upon any other activities, shall adopt a constitution, which may be amended subsequently, setting forth its purposes, which shall include, but not be limited to: (A) The advancement of public education; (B) The promotion of the work and interests of directors of schools, principals, assistant principals, and system-wide supervisors; (C) The gathering and circulation of information on general school matters; (D) The provision of pertinent information on sound education legislation to the general assembly; and (E) The cooperation with the department of education and other agencies and organizations interested in public education. (2) The organization may adopt bylaws and from time to time revise the bylaws.
(1) The organization, if formed pursuant to this section and before entering upon any other activities, shall adopt a constitution, which may be amended subsequently, setting forth its purposes, which shall include, but not be limited to: (A) The advancement of public education; (B) The promotion of the work and interests of directors of schools, principals, assistant principals, and system-wide supervisors; (C) The gathering and circulation of information on general school matters; (D) The provision of pertinent information on sound education legislation to the general assembly; and (E) The cooperation with the department of education and other agencies and organizations interested in public education.
(A) The advancement of public education;
(B) The promotion of the work and interests of directors of schools, principals, assistant principals, and system-wide supervisors;
(C) The gathering and circulation of information on general school matters;
(D) The provision of pertinent information on sound education legislation to the general assembly; and
(E) The cooperation with the department of education and other agencies and organizations interested in public education.
(2) The organization may adopt bylaws and from time to time revise the bylaws.
(c) (1) The organization is authorized to perform all reasonable acts necessary or incidental to carrying out its purposes. (2) The organization may receive funds in the form of membership fees from its members and contributions from individuals, organizations, and agencies, public and private, and may expend the funds for the purposes of carrying on its program, including the employment of necessary staff and consultants. (3) Membership fees for directors of schools shall be set in the bylaws of the organization and may be paid from any local school funds budgeted for this purpose, but shall not be included in any matching funds otherwise required for participation in the Tennessee investment in student achievement formula (TISA). (4) Membership fees for affiliate members shall be set in the bylaws of the organization and may be paid from any local school funds budgeted for this purpose. Funds derived for membership fees from affiliate members shall be used only for professional development purposes and related expenses. No part of these funds shall be used for the purpose of lobbying or government relations. Upon request of the chair of the education committee of the senate or the chair of the education administration committee of the house of representatives, a report detailing the professional development activities for affiliate members of the organization shall be submitted to the committee. (5) No direct state appropriation or grant of state funds shall be made to this organization; however, departments and agencies of state and local governments may contract for services with the organization for which state and local revenues may be used.
(1) The organization is authorized to perform all reasonable acts necessary or incidental to carrying out its purposes.
(2) The organization may receive funds in the form of membership fees from its members and contributions from individuals, organizations, and agencies, public and private, and may expend the funds for the purposes of carrying on its program, including the employment of necessary staff and consultants.
(3) Membership fees for directors of schools shall be set in the bylaws of the organization and may be paid from any local school funds budgeted for this purpose, but shall not be included in any matching funds otherwise required for participation in the Tennessee investment in student achievement formula (TISA).
(4) Membership fees for affiliate members shall be set in the bylaws of the organization and may be paid from any local school funds budgeted for this purpose. Funds derived for membership fees from affiliate members shall be used only for professional development purposes and related expenses. No part of these funds shall be used for the purpose of lobbying or government relations. Upon request of the chair of the education committee of the senate or the chair of the education administration committee of the house of representatives, a report detailing the professional development activities for affiliate members of the organization shall be submitted to the committee.
(5) No direct state appropriation or grant of state funds shall be made to this organization; however, departments and agencies of state and local governments may contract for services with the organization for which state and local revenues may be used.
(d) The organization shall not be in lieu of or infringe upon the existing superintendents' study council, which is authorized to continue as an in-service education effort of the department of education.
Amended by 2022 Tenn. Acts, ch. 966, s 46, eff. 7/1/2023.
Amended by 2021 Tenn. Acts, ch. 64, s 77, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 88, eff. 5/10/2019.
Amended by 2016 Tenn. Acts, ch. 733, Secs.s 1, s 2, s 3, s 4 eff. 4/7/2016.
Acts 1975, ch. 115, §§ 1-4; T.C.A., §§ 49-531 -- 49-534; Acts 2006, ch. 797, § 2.
Tenn. Code Ann. § 49-4-905 — TN Code / Title 49 / Chapter 4 / Section 49-4-905
Student eligibility
Status: in_force

(a) To be eligible for a Tennessee HOPE scholarship, Tennessee HOPE access grant, Tennessee HOPE teacher's scholarship or a Wilder-Naifeh technical skills grant, a student must: (1) Be a resident of this state, as classified pursuant to § 49-8-104 ; (2) Make application for a Tennessee HOPE scholarship, Tennessee HOPE access grant, Tennessee HOPE teacher's scholarship, or Wilder-Naifeh technical skills grant; and (3) Be admitted to an eligible postsecondary institution. (b) (1) Notwithstanding anything in this part to the contrary, any person who, after December 1, 2003, enrolled in an eligible postsecondary institution in lieu of graduating from an eligible high school, and is otherwise qualified, shall be eligible for a Tennessee HOPE scholarship. (2) To be eligible for a Tennessee HOPE scholarship, a student shall have graduated from an eligible high school, graduated from a high school located in Tennessee that is not an eligible high school, completed high school in a Tennessee home school program or obtained a high school equivalency credential approved by the state board of education. To be eligible for a Tennessee HOPE access grant a student shall have graduated from an eligible high school. This subsection (b) shall not apply to those students applying for Wilder-Naifeh technical skills grants. Amended by 2023 Tenn. Acts, ch. 114,s 17, eff. 7/1/2023. Amended by 2020 Tenn. Acts, ch. 794, s 31, eff. 8/1/2020. Amended by 2015 Tenn. Acts, ch. 495, s 4, eff. 7/1/2015. Acts 2003 , ch. 298, §§ 1, 9; 2004, ch. 840, §§ 3 - 5; 2006, ch. 977, §§ 3, 4.
(a) To be eligible for a Tennessee HOPE scholarship, Tennessee HOPE access grant, Tennessee HOPE teacher's scholarship or a Wilder-Naifeh technical skills grant, a student must: (1) Be a resident of this state, as classified pursuant to § 49-8-104 ; (2) Make application for a Tennessee HOPE scholarship, Tennessee HOPE access grant, Tennessee HOPE teacher's scholarship, or Wilder-Naifeh technical skills grant; and (3) Be admitted to an eligible postsecondary institution.
(1) Be a resident of this state, as classified pursuant to § 49-8-104 ;
(2) Make application for a Tennessee HOPE scholarship, Tennessee HOPE access grant, Tennessee HOPE teacher's scholarship, or Wilder-Naifeh technical skills grant; and
(3) Be admitted to an eligible postsecondary institution.
(b) (1) Notwithstanding anything in this part to the contrary, any person who, after December 1, 2003, enrolled in an eligible postsecondary institution in lieu of graduating from an eligible high school, and is otherwise qualified, shall be eligible for a Tennessee HOPE scholarship. (2) To be eligible for a Tennessee HOPE scholarship, a student shall have graduated from an eligible high school, graduated from a high school located in Tennessee that is not an eligible high school, completed high school in a Tennessee home school program or obtained a high school equivalency credential approved by the state board of education. To be eligible for a Tennessee HOPE access grant a student shall have graduated from an eligible high school. This subsection (b) shall not apply to those students applying for Wilder-Naifeh technical skills grants.
(1) Notwithstanding anything in this part to the contrary, any person who, after December 1, 2003, enrolled in an eligible postsecondary institution in lieu of graduating from an eligible high school, and is otherwise qualified, shall be eligible for a Tennessee HOPE scholarship.
(2) To be eligible for a Tennessee HOPE scholarship, a student shall have graduated from an eligible high school, graduated from a high school located in Tennessee that is not an eligible high school, completed high school in a Tennessee home school program or obtained a high school equivalency credential approved by the state board of education. To be eligible for a Tennessee HOPE access grant a student shall have graduated from an eligible high school. This subsection (b) shall not apply to those students applying for Wilder-Naifeh technical skills grants.
Amended by 2023 Tenn. Acts, ch. 114,s 17, eff. 7/1/2023.
Amended by 2020 Tenn. Acts, ch. 794, s 31, eff. 8/1/2020.
Amended by 2015 Tenn. Acts, ch. 495, s 4, eff. 7/1/2015.
Acts 2003 , ch. 298, §§ 1, 9; 2004, ch. 840, §§ 3 - 5; 2006, ch. 977, §§ 3, 4.
Tenn. Code Ann. § 49-1-233 — TN Code / Title 49 / Chapter 1 / Section 49-1-233
Mathematics support - K-8 teacher training
Status: in_force

(a) By July 1, 2025, the department of education shall identify and approve at least one (1) standards-aligned professional development course on mathematics instruction skills that is available, at no cost, to teachers in kindergarten through grade eight (K-8). The department shall use the findings of the mathematics expert review committee convened pursuant to § 49-1-234(b), and the findings and conclusions of the landscape analysis required in § 49-1-234(a), to inform its approval of a professional development course for purposes of this subsection (a). (b) By August 1, 2025, the department shall revise the standards for high school students participating in a teaching-as-a-profession career pathway to include standards-aligned mathematics instruction skills in alignment with the professional development course on mathematics instruction skills identified and approved by the department pursuant to subsection (a). The department shall use the findings of the mathematics expert review committee convened pursuant to § 49-1-234(b), and the findings and conclusions of the landscape analysis required in § 49-1-234(a), to inform the standards, which must be approved by the state board of education. Added by 2024 Tenn. Acts, ch. 551,s 2, eff. 3/11/2024.
(a) By July 1, 2025, the department of education shall identify and approve at least one (1) standards-aligned professional development course on mathematics instruction skills that is available, at no cost, to teachers in kindergarten through grade eight (K-8). The department shall use the findings of the mathematics expert review committee convened pursuant to § 49-1-234(b), and the findings and conclusions of the landscape analysis required in § 49-1-234(a), to inform its approval of a professional development course for purposes of this subsection (a).
(b) By August 1, 2025, the department shall revise the standards for high school students participating in a teaching-as-a-profession career pathway to include standards-aligned mathematics instruction skills in alignment with the professional development course on mathematics instruction skills identified and approved by the department pursuant to subsection (a). The department shall use the findings of the mathematics expert review committee convened pursuant to § 49-1-234(b), and the findings and conclusions of the landscape analysis required in § 49-1-234(a), to inform the standards, which must be approved by the state board of education.
Added by 2024 Tenn. Acts, ch. 551,s 2, eff. 3/11/2024.
Tenn. Code Ann. § 49-4-1001 — TN Code / Title 49 / Chapter 4 / Section 49-4-1001
[Repealed effective 6/30/2025] Short title
Status: repealed

This part shall be known and may be cited as the "Tennessee Support, Training, and Renewing Opportunity for National Guardsmen (STRONG) Act of 2017." Amended by 2017 Tenn. Acts, ch. 229, s 1, eff. 4/24/2017. Acts 2004, ch. 477, § 1.
This part shall be known and may be cited as the "Tennessee Support, Training, and Renewing Opportunity for National Guardsmen (STRONG) Act of 2017."
Amended by 2017 Tenn. Acts, ch. 229, s 1, eff. 4/24/2017.
Acts 2004, ch. 477, § 1.
Tenn. Code Ann. § 49-7-2018 — TN Code / Title 49 / Chapter 7 / Section 49-7-2018
Tuition guaranty fund - Establishment - Board - Fees
Status: in_force

(a) The general assembly recognizes: (1) The need to establish a fund from which reimbursement can be made to students who reside in Tennessee or attend an authorized location with a Tennessee address, or an entity making loans to those students at postsecondary educational institutions that close without earning tuition collected from enrollees; and (2) That the moneys for the fund can be most properly raised based on the level of tuition collections at each such educational institution. (b) There is established the tuition guaranty fund, which is established in the state treasury as a separate, revolving, nonreverting agency account for the purpose of receiving fees and paying claims authorized by this section. The moneys in the fund shall be invested by the state treasurer, as are other state funds, and any interest so obtained shall be added to the fund. Payments out of the fund shall be made by warrant of the state treasurer, as directed by the board of directors of the tuition guaranty fund. (c) There is established the board of directors of the tuition guaranty fund, which must be composed of the comptroller of the treasury, the commissioner of finance and administration, the state treasurer, the executive director of the Tennessee higher education commission, and a representative of the private postsecondary education industry named by the chair of the commission, or their respective designees, if so designated in writing. The state treasurer or the state treasurer's designee serves as the chair. The board may take any actions necessary to administer the fund, including the promulgation of rules and bylaws. The board shall report annually to the general assembly and governor on the condition of the fund. (d) (1) There is imposed on each postsecondary educational institution authorized under this part, unless the institution is exempt under § 49-7-2004 , a tuition guaranty fund fee in accordance with the schedule set out in the rules promulgated pursuant to this chapter. (2) The fee must be based on tuition collections, however described, in the previous fiscal year, unless the board determines that a different time measure is more appropriate for an institution. The fee must be paid to the tuition guaranty fund by May 15 each year; provided, that the board may establish an alternative date to account for variations in institutional programs and schedules. The board may also establish late payment penalties by rule. (e) At such time as the board, in its discretion, determines that the fund is adequately funded to insure against institutional closure, the board may suspend collection of the fee, but may institute it at such time as the fund balance drops below a predetermined minimum balance. For a new postsecondary educational institution that begins engaging in activities or operations in this state after July 1, 2006, the institution must meet bonding requirements, as specified in § 49-7-2013 , and pay guaranty fund assessments as specified in subsection (d), for at least six (6) years. (f) If an institution participating in the fund goes into bankruptcy or ceases activities or operations in this state without completing its educational obligations or reimbursing its students, then the board may reimburse valid claims of students for tuition paid to that institution, in accordance with guidelines and rules established by the board. As a condition of receiving reimbursement from the fund, a student must agree to subrogate the student's right of recovery against the institution to the board. (g) The board is authorized to audit the accounts of any institution covered under this section to ascertain the correctness of any tendered fee and to take appropriate actions, through the attorney general and reporter, to enforce its rights and responsibilities under this section. Amended by 2022 Tenn. Acts, ch. 1044, s 29, eff. 7/1/2022. Amended by 2018 Tenn. Acts, ch. 790, Secs.s 5, s 6 eff. 4/20/2018. Acts 1989, ch. 425, § 18; 1992, ch. 1026, § 8; 1997 , ch. 333, § 1; 1998, ch. 695, §§ 11 - 15; 2006, ch. 766, §§ 7, 8.
(a) The general assembly recognizes: (1) The need to establish a fund from which reimbursement can be made to students who reside in Tennessee or attend an authorized location with a Tennessee address, or an entity making loans to those students at postsecondary educational institutions that close without earning tuition collected from enrollees; and (2) That the moneys for the fund can be most properly raised based on the level of tuition collections at each such educational institution.
(1) The need to establish a fund from which reimbursement can be made to students who reside in Tennessee or attend an authorized location with a Tennessee address, or an entity making loans to those students at postsecondary educational institutions that close without earning tuition collected from enrollees; and
(2) That the moneys for the fund can be most properly raised based on the level of tuition collections at each such educational institution.
(b) There is established the tuition guaranty fund, which is established in the state treasury as a separate, revolving, nonreverting agency account for the purpose of receiving fees and paying claims authorized by this section. The moneys in the fund shall be invested by the state treasurer, as are other state funds, and any interest so obtained shall be added to the fund. Payments out of the fund shall be made by warrant of the state treasurer, as directed by the board of directors of the tuition guaranty fund.
(c) There is established the board of directors of the tuition guaranty fund, which must be composed of the comptroller of the treasury, the commissioner of finance and administration, the state treasurer, the executive director of the Tennessee higher education commission, and a representative of the private postsecondary education industry named by the chair of the commission, or their respective designees, if so designated in writing. The state treasurer or the state treasurer's designee serves as the chair. The board may take any actions necessary to administer the fund, including the promulgation of rules and bylaws. The board shall report annually to the general assembly and governor on the condition of the fund.
(d) (1) There is imposed on each postsecondary educational institution authorized under this part, unless the institution is exempt under § 49-7-2004 , a tuition guaranty fund fee in accordance with the schedule set out in the rules promulgated pursuant to this chapter. (2) The fee must be based on tuition collections, however described, in the previous fiscal year, unless the board determines that a different time measure is more appropriate for an institution. The fee must be paid to the tuition guaranty fund by May 15 each year; provided, that the board may establish an alternative date to account for variations in institutional programs and schedules. The board may also establish late payment penalties by rule.
(1) There is imposed on each postsecondary educational institution authorized under this part, unless the institution is exempt under § 49-7-2004 , a tuition guaranty fund fee in accordance with the schedule set out in the rules promulgated pursuant to this chapter.
(2) The fee must be based on tuition collections, however described, in the previous fiscal year, unless the board determines that a different time measure is more appropriate for an institution. The fee must be paid to the tuition guaranty fund by May 15 each year; provided, that the board may establish an alternative date to account for variations in institutional programs and schedules. The board may also establish late payment penalties by rule.
(e) At such time as the board, in its discretion, determines that the fund is adequately funded to insure against institutional closure, the board may suspend collection of the fee, but may institute it at such time as the fund balance drops below a predetermined minimum balance. For a new postsecondary educational institution that begins engaging in activities or operations in this state after July 1, 2006, the institution must meet bonding requirements, as specified in § 49-7-2013 , and pay guaranty fund assessments as specified in subsection (d), for at least six (6) years.
(f) If an institution participating in the fund goes into bankruptcy or ceases activities or operations in this state without completing its educational obligations or reimbursing its students, then the board may reimburse valid claims of students for tuition paid to that institution, in accordance with guidelines and rules established by the board. As a condition of receiving reimbursement from the fund, a student must agree to subrogate the student's right of recovery against the institution to the board.
(g) The board is authorized to audit the accounts of any institution covered under this section to ascertain the correctness of any tendered fee and to take appropriate actions, through the attorney general and reporter, to enforce its rights and responsibilities under this section.
Amended by 2022 Tenn. Acts, ch. 1044, s 29, eff. 7/1/2022.
Amended by 2018 Tenn. Acts, ch. 790, Secs.s 5, s 6 eff. 4/20/2018.
Acts 1989, ch. 425, § 18; 1992, ch. 1026, § 8; 1997 , ch. 333, § 1; 1998, ch. 695, §§ 11 - 15; 2006, ch. 766, §§ 7, 8.
Tenn. Code Ann. § 49-1-229 — TN Code / Title 49 / Chapter 1 / Section 49-1-229
Dyslexia screening procedures - School based problem solving team - Dyslexia advisory council
Status: in_force

(a) (1) The department of education shall develop procedures for identifying characteristics of dyslexia through the universal screening process required by the existing RTI 2 framework or other available means. (2) The dyslexia screening procedures shall include phonological and phonemic awareness, sound symbol recognition, alphabet knowledge, decoding skills, rapid naming, and encoding skills. (3) The dyslexia screening procedures shall be implemented by every LEA. (4) Dyslexia screening may be requested for any student by the student's parent or guardian, teacher, counselor, or school psychologist. (b) Following the universal screening procedures conducted by the LEA, the LEA shall convene a school-based problem solving team to analyze screening and progress monitoring data to assist teachers in planning and implementing appropriate instruction and evidence-based interventions for all students, including those students who exhibit the characteristics of dyslexia. Guidance may include suggestions of appropriate tiered interventions, dyslexia-specific interventions, academic accommodations as appropriate, and access to assistive technology. (c) If the dyslexia screening conducted by the LEA indicates that a student has characteristics of dyslexia, the LEA shall: (1) Notify the student's parent or legal guardian; (2) Provide the student's parent or legal guardian with information and resource material regarding dyslexia; (3) Provide the student with appropriate tiered dyslexia-specific intervention through its RTI 2 framework; and (4) Monitor the student's progress using a tool designed to measure the effectiveness of the intervention. (d) The department shall provide appropriate professional development resources for educators in the area of identification of and intervention methods for students with dyslexia. (e) (1) There is created a dyslexia advisory council for the purpose of advising the department in matters relating to dyslexia. The council shall be composed of nine (9) members as follows: (A) The commissioner of education, or the commissioner's designee, who shall be an ex officio member of the council and serve as chair; (B) An education specialist from the department, appointed by the commissioner for a term of three (3) years; (C) A representative from a dyslexia advocacy group, appointed by the commissioner for a term of three (3) years; (D) A special education teacher with an understanding of dyslexia, appointed by the commissioner for a term of three (3) years; (E) An elementary school teacher, appointed by the commissioner for a term of three (3) years; (F) A middle school teacher, appointed by the commissioner for a term of three (3) years; (G) A high school teacher, appointed by the commissioner for a term of three (3) years; (H) A parent of a child with dyslexia, appointed by the commissioner for a term of three (3) years; and (I) A licensed speech pathologist, appointed by the commissioner for a term of three (3) years. (2) The terms of the council members shall commence July 1, 2016. (3) When a member of the council's term expires, the appointing authority who originally appointed that member shall appoint a successor to serve the same length of term as the departing member. A member may be appointed to successive terms. (4) If a seat on the council is vacated prior to the end of the member's term, the commissioner shall appoint a replacement to fill the vacant seat for the unfinished term. (5) The members of the council shall serve without compensation; provided, that members of the council shall be reimbursed for travel expenses in conformity with the comprehensive state travel regulations as promulgated by the commissioner of finance and administration and approved by the attorney general and reporter. (6) (A) The council shall annually submit a report to the education committee of the senate and the education instruction committee of the house of representatives. (B) The report required by subdivision (e)(6)(A) shall include: (i) The number of students screened and the number of students provided with dyslexia intervention services; (ii) Information about specific accommodations needed for students who are provided dyslexia intervention services taking the annual state mandated assessment or other state or LEA mandated assessments; (iii) Descriptions, from the LEAs that provided dyslexia intervention services, of the intervention services provided to students; and (iv) The TVAAS growth data, when available, for the students receiving dyslexia intervention services. (C) No information identifying individual students shall be included in the report. (7) The council shall meet at least quarterly. A quorum consists of a majority of the membership of the council. (f) As used in this section: (1) "Dyslexia-specific intervention" means evidence-based, specialized reading, writing, and spelling instruction that is multisensory in nature, equipping students to simultaneously use multiple senses, such as vision, hearing, touch, and movement. Dyslexia-specific intervention employs direct instruction of systematic and cumulative content, with the sequence beginning with the easiest and most basic elements and progress methodically to more difficult material. Each step must also be based on those already learned. Components of dyslexia-specific intervention include instruction targeting phonological awareness, sound symbol association, syllable structure, morphology, syntax, and semantics; and (2) "RTI 2 " means Response to Instruction and Intervention, which is a framework designed to identify both struggling and advanced students in order to provide them with appropriate interventions in their specific areas of need. RTI 2 relies on the premise of high-quality core instruction, data-based decision making, and research-based interventions aligned to students' needs. Amended by 2021 Tenn. Acts, ch. 64, s 67, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 345, s 77, eff. 5/10/2019. Added by 2016 Tenn. Acts, ch. 1058, s 1, eff. 7/1/2016.
(a) (1) The department of education shall develop procedures for identifying characteristics of dyslexia through the universal screening process required by the existing RTI 2 framework or other available means. (2) The dyslexia screening procedures shall include phonological and phonemic awareness, sound symbol recognition, alphabet knowledge, decoding skills, rapid naming, and encoding skills. (3) The dyslexia screening procedures shall be implemented by every LEA. (4) Dyslexia screening may be requested for any student by the student's parent or guardian, teacher, counselor, or school psychologist.
(1) The department of education shall develop procedures for identifying characteristics of dyslexia through the universal screening process required by the existing RTI 2 framework or other available means.
(2) The dyslexia screening procedures shall include phonological and phonemic awareness, sound symbol recognition, alphabet knowledge, decoding skills, rapid naming, and encoding skills.
(3) The dyslexia screening procedures shall be implemented by every LEA.
(4) Dyslexia screening may be requested for any student by the student's parent or guardian, teacher, counselor, or school psychologist.
(b) Following the universal screening procedures conducted by the LEA, the LEA shall convene a school-based problem solving team to analyze screening and progress monitoring data to assist teachers in planning and implementing appropriate instruction and evidence-based interventions for all students, including those students who exhibit the characteristics of dyslexia. Guidance may include suggestions of appropriate tiered interventions, dyslexia-specific interventions, academic accommodations as appropriate, and access to assistive technology.
(c) If the dyslexia screening conducted by the LEA indicates that a student has characteristics of dyslexia, the LEA shall: (1) Notify the student's parent or legal guardian; (2) Provide the student's parent or legal guardian with information and resource material regarding dyslexia; (3) Provide the student with appropriate tiered dyslexia-specific intervention through its RTI 2 framework; and (4) Monitor the student's progress using a tool designed to measure the effectiveness of the intervention.
(1) Notify the student's parent or legal guardian;
(2) Provide the student's parent or legal guardian with information and resource material regarding dyslexia;
(3) Provide the student with appropriate tiered dyslexia-specific intervention through its RTI 2 framework; and
(4) Monitor the student's progress using a tool designed to measure the effectiveness of the intervention.
(d) The department shall provide appropriate professional development resources for educators in the area of identification of and intervention methods for students with dyslexia.
(e) (1) There is created a dyslexia advisory council for the purpose of advising the department in matters relating to dyslexia. The council shall be composed of nine (9) members as follows: (A) The commissioner of education, or the commissioner's designee, who shall be an ex officio member of the council and serve as chair; (B) An education specialist from the department, appointed by the commissioner for a term of three (3) years; (C) A representative from a dyslexia advocacy group, appointed by the commissioner for a term of three (3) years; (D) A special education teacher with an understanding of dyslexia, appointed by the commissioner for a term of three (3) years; (E) An elementary school teacher, appointed by the commissioner for a term of three (3) years; (F) A middle school teacher, appointed by the commissioner for a term of three (3) years; (G) A high school teacher, appointed by the commissioner for a term of three (3) years; (H) A parent of a child with dyslexia, appointed by the commissioner for a term of three (3) years; and (I) A licensed speech pathologist, appointed by the commissioner for a term of three (3) years. (2) The terms of the council members shall commence July 1, 2016. (3) When a member of the council's term expires, the appointing authority who originally appointed that member shall appoint a successor to serve the same length of term as the departing member. A member may be appointed to successive terms. (4) If a seat on the council is vacated prior to the end of the member's term, the commissioner shall appoint a replacement to fill the vacant seat for the unfinished term. (5) The members of the council shall serve without compensation; provided, that members of the council shall be reimbursed for travel expenses in conformity with the comprehensive state travel regulations as promulgated by the commissioner of finance and administration and approved by the attorney general and reporter. (6) (A) The council shall annually submit a report to the education committee of the senate and the education instruction committee of the house of representatives. (B) The report required by subdivision (e)(6)(A) shall include: (i) The number of students screened and the number of students provided with dyslexia intervention services; (ii) Information about specific accommodations needed for students who are provided dyslexia intervention services taking the annual state mandated assessment or other state or LEA mandated assessments; (iii) Descriptions, from the LEAs that provided dyslexia intervention services, of the intervention services provided to students; and (iv) The TVAAS growth data, when available, for the students receiving dyslexia intervention services. (C) No information identifying individual students shall be included in the report. (7) The council shall meet at least quarterly. A quorum consists of a majority of the membership of the council.
(1) There is created a dyslexia advisory council for the purpose of advising the department in matters relating to dyslexia. The council shall be composed of nine (9) members as follows: (A) The commissioner of education, or the commissioner's designee, who shall be an ex officio member of the council and serve as chair; (B) An education specialist from the department, appointed by the commissioner for a term of three (3) years; (C) A representative from a dyslexia advocacy group, appointed by the commissioner for a term of three (3) years; (D) A special education teacher with an understanding of dyslexia, appointed by the commissioner for a term of three (3) years; (E) An elementary school teacher, appointed by the commissioner for a term of three (3) years; (F) A middle school teacher, appointed by the commissioner for a term of three (3) years; (G) A high school teacher, appointed by the commissioner for a term of three (3) years; (H) A parent of a child with dyslexia, appointed by the commissioner for a term of three (3) years; and (I) A licensed speech pathologist, appointed by the commissioner for a term of three (3) years.
(A) The commissioner of education, or the commissioner's designee, who shall be an ex officio member of the council and serve as chair;
(B) An education specialist from the department, appointed by the commissioner for a term of three (3) years;
(C) A representative from a dyslexia advocacy group, appointed by the commissioner for a term of three (3) years;
(D) A special education teacher with an understanding of dyslexia, appointed by the commissioner for a term of three (3) years;
(E) An elementary school teacher, appointed by the commissioner for a term of three (3) years;
(F) A middle school teacher, appointed by the commissioner for a term of three (3) years;
(G) A high school teacher, appointed by the commissioner for a term of three (3) years;
(H) A parent of a child with dyslexia, appointed by the commissioner for a term of three (3) years; and
(I) A licensed speech pathologist, appointed by the commissioner for a term of three (3) years.
(2) The terms of the council members shall commence July 1, 2016.
(3) When a member of the council's term expires, the appointing authority who originally appointed that member shall appoint a successor to serve the same length of term as the departing member. A member may be appointed to successive terms.
(4) If a seat on the council is vacated prior to the end of the member's term, the commissioner shall appoint a replacement to fill the vacant seat for the unfinished term.
(5) The members of the council shall serve without compensation; provided, that members of the council shall be reimbursed for travel expenses in conformity with the comprehensive state travel regulations as promulgated by the commissioner of finance and administration and approved by the attorney general and reporter.
(6) (A) The council shall annually submit a report to the education committee of the senate and the education instruction committee of the house of representatives. (B) The report required by subdivision (e)(6)(A) shall include: (i) The number of students screened and the number of students provided with dyslexia intervention services; (ii) Information about specific accommodations needed for students who are provided dyslexia intervention services taking the annual state mandated assessment or other state or LEA mandated assessments; (iii) Descriptions, from the LEAs that provided dyslexia intervention services, of the intervention services provided to students; and (iv) The TVAAS growth data, when available, for the students receiving dyslexia intervention services. (C) No information identifying individual students shall be included in the report.
(A) The council shall annually submit a report to the education committee of the senate and the education instruction committee of the house of representatives.
(B) The report required by subdivision (e)(6)(A) shall include: (i) The number of students screened and the number of students provided with dyslexia intervention services; (ii) Information about specific accommodations needed for students who are provided dyslexia intervention services taking the annual state mandated assessment or other state or LEA mandated assessments; (iii) Descriptions, from the LEAs that provided dyslexia intervention services, of the intervention services provided to students; and (iv) The TVAAS growth data, when available, for the students receiving dyslexia intervention services.
(i) The number of students screened and the number of students provided with dyslexia intervention services;
(ii) Information about specific accommodations needed for students who are provided dyslexia intervention services taking the annual state mandated assessment or other state or LEA mandated assessments;
(iii) Descriptions, from the LEAs that provided dyslexia intervention services, of the intervention services provided to students; and
(iv) The TVAAS growth data, when available, for the students receiving dyslexia intervention services.
(C) No information identifying individual students shall be included in the report.
(7) The council shall meet at least quarterly. A quorum consists of a majority of the membership of the council.
(f) As used in this section: (1) "Dyslexia-specific intervention" means evidence-based, specialized reading, writing, and spelling instruction that is multisensory in nature, equipping students to simultaneously use multiple senses, such as vision, hearing, touch, and movement. Dyslexia-specific intervention employs direct instruction of systematic and cumulative content, with the sequence beginning with the easiest and most basic elements and progress methodically to more difficult material. Each step must also be based on those already learned. Components of dyslexia-specific intervention include instruction targeting phonological awareness, sound symbol association, syllable structure, morphology, syntax, and semantics; and (2) "RTI 2 " means Response to Instruction and Intervention, which is a framework designed to identify both struggling and advanced students in order to provide them with appropriate interventions in their specific areas of need. RTI 2 relies on the premise of high-quality core instruction, data-based decision making, and research-based interventions aligned to students' needs.
(1) "Dyslexia-specific intervention" means evidence-based, specialized reading, writing, and spelling instruction that is multisensory in nature, equipping students to simultaneously use multiple senses, such as vision, hearing, touch, and movement. Dyslexia-specific intervention employs direct instruction of systematic and cumulative content, with the sequence beginning with the easiest and most basic elements and progress methodically to more difficult material. Each step must also be based on those already learned. Components of dyslexia-specific intervention include instruction targeting phonological awareness, sound symbol association, syllable structure, morphology, syntax, and semantics; and
(2) "RTI 2 " means Response to Instruction and Intervention, which is a framework designed to identify both struggling and advanced students in order to provide them with appropriate interventions in their specific areas of need. RTI 2 relies on the premise of high-quality core instruction, data-based decision making, and research-based interventions aligned to students' needs.
Amended by 2021 Tenn. Acts, ch. 64, s 67, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 77, eff. 5/10/2019.
Added by 2016 Tenn. Acts, ch. 1058, s 1, eff. 7/1/2016.
Tenn. Code Ann. § 49-7-2008 — TN Code / Title 49 / Chapter 7 / Section 49-7-2008
Authorization to operate
Status: in_force

(a) (1) Each postsecondary educational institution creating a physical presence in Tennessee must apply for authorization with the commission on forms provided by the commission pursuant to this section or § 49-7-2022(a) . When physical presence activities or operation is not the result of instruction at a postsecondary educational institution location as determined by the commission, such as supervised field experiences or similar activities or operations, then the postsecondary educational institution location from which the educational credential is awarded must be the authorized location. (2) The application must be accompanied by a catalog published or proposed to be published by the institution containing the information specified in § 49-7-2006(a)(4) , including information required by the rules of the commission. (3) The application must be accompanied by evidence of a surety bond, as required by this part, and payment of the fees specified in the bond. (b) (1) After reviewing the application and any additional information submitted by the applicant or required by the commission, and after the investigation of the applicant as the commission deems necessary or appropriate, the commission shall either grant or deny authorization to the applicant. (2) A grant of authorization may be on the terms and conditions specified by the commission. (c) The authorization must be in a form approved by the commission and must state in a clear and conspicuous manner, at a minimum, the following: (1) The date of issuance, the effective date, and the term of approval; (2) The correct name and address of the institution authorized; (3) The authority for approval and conditions of approval, if any; and (4) Any limitation of the authorization, as deemed necessary by the commission. (d) The term for which authorization is given shall not extend for more than six (6) years, and may be issued for a lesser period of time as provided in subdivision (b)(2) or as otherwise determined by the commission. An institution that receives multi-year authorization shall annually submit a certification of compliance on a form provided by the commission, and pay the requisite fee by the date established by the commission. (e) (1) The authorization must be issued to the owner or governing body of the applicant institution and is nontransferable. (2) In the event of a change in ownership of the institution, the new owner or governing body shall, within five (5) business days after the change in ownership, apply for a new authorization as provided for by the commission, and in the event of a failure to do so, the institution's authorization is terminated. (3) As used in this section, "ownership" means: (A) In the case of a postsecondary educational institution owned by an individual, the individual; (B) In the case of a postsecondary educational institution owned by a partnership, all partners, whether full, silent, or limited; (C) In the case of a postsecondary educational institution owned by a corporation or other for-profit legal entity, the individuals or entities with an immediate controlling interest in the corporation or for-profit legal entity; and (D) In the case of a postsecondary educational institution owned by a not-for-profit or nonprofit entity, the executive committee of the governing board of each respective entity. (f) (1) Prior to an authorization's expiration, the institution shall complete and file an application for renewal of its authorization with the commission on forms provided by the commission. (2) Before an authorization is renewed, the commission may require the institution to submit the results of an institutional self study, as defined by the commission. (3) The commission may require an institution to publish placement rates and other information indicating actual employment and earnings in relevant occupations post successful completion of the institution's offered programs. (g) (1) An institution that is not yet engaged in activities or operating when its application for authorization is filed with the commission shall not begin to engage in activities or operate until receipt of authorization. (2) An institution engaged in activities or operating when its application for authorization is filed may continue its activities or operation until its application is acted upon by the commission; provided, that the institution's activities or operations are governed by the action of the commission. (3) Provisional initial authorization may be granted by the executive director subject to review and ratification by the commission. Provisional initial authorization must list any limitations as to time, procedures, functions, or other conditions as deemed necessary by the commission. Amended by 2022 Tenn. Acts, ch. 1044, s 16, eff. 7/1/2022. Amended by 2018 Tenn. Acts, ch. 790, s 2, eff. 4/20/2018. Acts 1961, ch. 112, § 9; 1974, ch. 781, § 9; T.C.A., § 49-3909; Acts 1989, ch. 425, §§ 7-9; 2004, ch. 831, § 3; 2006, ch. 766, § 5.
(a) (1) Each postsecondary educational institution creating a physical presence in Tennessee must apply for authorization with the commission on forms provided by the commission pursuant to this section or § 49-7-2022(a) . When physical presence activities or operation is not the result of instruction at a postsecondary educational institution location as determined by the commission, such as supervised field experiences or similar activities or operations, then the postsecondary educational institution location from which the educational credential is awarded must be the authorized location. (2) The application must be accompanied by a catalog published or proposed to be published by the institution containing the information specified in § 49-7-2006(a)(4) , including information required by the rules of the commission. (3) The application must be accompanied by evidence of a surety bond, as required by this part, and payment of the fees specified in the bond.
(1) Each postsecondary educational institution creating a physical presence in Tennessee must apply for authorization with the commission on forms provided by the commission pursuant to this section or § 49-7-2022(a) . When physical presence activities or operation is not the result of instruction at a postsecondary educational institution location as determined by the commission, such as supervised field experiences or similar activities or operations, then the postsecondary educational institution location from which the educational credential is awarded must be the authorized location.
(2) The application must be accompanied by a catalog published or proposed to be published by the institution containing the information specified in § 49-7-2006(a)(4) , including information required by the rules of the commission.
(3) The application must be accompanied by evidence of a surety bond, as required by this part, and payment of the fees specified in the bond.
(b) (1) After reviewing the application and any additional information submitted by the applicant or required by the commission, and after the investigation of the applicant as the commission deems necessary or appropriate, the commission shall either grant or deny authorization to the applicant. (2) A grant of authorization may be on the terms and conditions specified by the commission.
(1) After reviewing the application and any additional information submitted by the applicant or required by the commission, and after the investigation of the applicant as the commission deems necessary or appropriate, the commission shall either grant or deny authorization to the applicant.
(2) A grant of authorization may be on the terms and conditions specified by the commission.
(c) The authorization must be in a form approved by the commission and must state in a clear and conspicuous manner, at a minimum, the following: (1) The date of issuance, the effective date, and the term of approval; (2) The correct name and address of the institution authorized; (3) The authority for approval and conditions of approval, if any; and (4) Any limitation of the authorization, as deemed necessary by the commission.
(1) The date of issuance, the effective date, and the term of approval;
(2) The correct name and address of the institution authorized;
(3) The authority for approval and conditions of approval, if any; and
(4) Any limitation of the authorization, as deemed necessary by the commission.
(d) The term for which authorization is given shall not extend for more than six (6) years, and may be issued for a lesser period of time as provided in subdivision (b)(2) or as otherwise determined by the commission. An institution that receives multi-year authorization shall annually submit a certification of compliance on a form provided by the commission, and pay the requisite fee by the date established by the commission.
(e) (1) The authorization must be issued to the owner or governing body of the applicant institution and is nontransferable. (2) In the event of a change in ownership of the institution, the new owner or governing body shall, within five (5) business days after the change in ownership, apply for a new authorization as provided for by the commission, and in the event of a failure to do so, the institution's authorization is terminated. (3) As used in this section, "ownership" means: (A) In the case of a postsecondary educational institution owned by an individual, the individual; (B) In the case of a postsecondary educational institution owned by a partnership, all partners, whether full, silent, or limited; (C) In the case of a postsecondary educational institution owned by a corporation or other for-profit legal entity, the individuals or entities with an immediate controlling interest in the corporation or for-profit legal entity; and (D) In the case of a postsecondary educational institution owned by a not-for-profit or nonprofit entity, the executive committee of the governing board of each respective entity.
(1) The authorization must be issued to the owner or governing body of the applicant institution and is nontransferable.
(2) In the event of a change in ownership of the institution, the new owner or governing body shall, within five (5) business days after the change in ownership, apply for a new authorization as provided for by the commission, and in the event of a failure to do so, the institution's authorization is terminated.
(3) As used in this section, "ownership" means: (A) In the case of a postsecondary educational institution owned by an individual, the individual; (B) In the case of a postsecondary educational institution owned by a partnership, all partners, whether full, silent, or limited; (C) In the case of a postsecondary educational institution owned by a corporation or other for-profit legal entity, the individuals or entities with an immediate controlling interest in the corporation or for-profit legal entity; and (D) In the case of a postsecondary educational institution owned by a not-for-profit or nonprofit entity, the executive committee of the governing board of each respective entity.
(A) In the case of a postsecondary educational institution owned by an individual, the individual;
(B) In the case of a postsecondary educational institution owned by a partnership, all partners, whether full, silent, or limited;
(C) In the case of a postsecondary educational institution owned by a corporation or other for-profit legal entity, the individuals or entities with an immediate controlling interest in the corporation or for-profit legal entity; and
(D) In the case of a postsecondary educational institution owned by a not-for-profit or nonprofit entity, the executive committee of the governing board of each respective entity.
(f) (1) Prior to an authorization's expiration, the institution shall complete and file an application for renewal of its authorization with the commission on forms provided by the commission. (2) Before an authorization is renewed, the commission may require the institution to submit the results of an institutional self study, as defined by the commission. (3) The commission may require an institution to publish placement rates and other information indicating actual employment and earnings in relevant occupations post successful completion of the institution's offered programs.
(1) Prior to an authorization's expiration, the institution shall complete and file an application for renewal of its authorization with the commission on forms provided by the commission.
(2) Before an authorization is renewed, the commission may require the institution to submit the results of an institutional self study, as defined by the commission.
(3) The commission may require an institution to publish placement rates and other information indicating actual employment and earnings in relevant occupations post successful completion of the institution's offered programs.
(g) (1) An institution that is not yet engaged in activities or operating when its application for authorization is filed with the commission shall not begin to engage in activities or operate until receipt of authorization. (2) An institution engaged in activities or operating when its application for authorization is filed may continue its activities or operation until its application is acted upon by the commission; provided, that the institution's activities or operations are governed by the action of the commission. (3) Provisional initial authorization may be granted by the executive director subject to review and ratification by the commission. Provisional initial authorization must list any limitations as to time, procedures, functions, or other conditions as deemed necessary by the commission.
(1) An institution that is not yet engaged in activities or operating when its application for authorization is filed with the commission shall not begin to engage in activities or operate until receipt of authorization.
(2) An institution engaged in activities or operating when its application for authorization is filed may continue its activities or operation until its application is acted upon by the commission; provided, that the institution's activities or operations are governed by the action of the commission.
(3) Provisional initial authorization may be granted by the executive director subject to review and ratification by the commission. Provisional initial authorization must list any limitations as to time, procedures, functions, or other conditions as deemed necessary by the commission.
Amended by 2022 Tenn. Acts, ch. 1044, s 16, eff. 7/1/2022.
Amended by 2018 Tenn. Acts, ch. 790, s 2, eff. 4/20/2018.
Acts 1961, ch. 112, § 9; 1974, ch. 781, § 9; T.C.A., § 49-3909; Acts 1989, ch. 425, §§ 7-9; 2004, ch. 831, § 3; 2006, ch. 766, § 5.