Tenn. Code Ann. § 49-13-104 — TN Code / Title 49 / Chapter 13 / Section 49-13-104
Chapter definitions
Status: in_force

As used in this chapter: (1) "Academic focus" means a distinctive, thematic program such as math, science, arts, general academics, or an instructional program such as Montessori or Paideia; (2) "Academic plan" means a platform that supports the academic focus of the charter school and will include instructional goals and methods for the school, which, at a minimum, shall include teaching and classroom instruction methods, materials and curriculum that will be used to provide students with knowledge, proficiency and skills needed to reach the goals of the school; (3) "At-risk student" means a student who, at the time of enrollment in an opportunity public charter school, is a member of a family with a household income that does not exceed four hundred percent (400%) of the federal poverty level, and meets at least one (1) of the following criteria: (A) The student has dropped out of school without obtaining a high school diploma or a high school equivalency credential; (B) The student has been adjudicated as a juvenile delinquent or is awaiting disposition of charges that may result in adjudication as a delinquent; (C) The student has previously been detained or incarcerated in a juvenile detention center; (D) The student has been retained at least twice in any of the grades kindergarten through eight (K-8), or the student is one (1) or more years behind in obtaining the credit required for promotion to the next grade level or to graduate from high school in four (4) years with the student's cohort; (E) The student is chronically absent, as defined in Tennessee's Every Student Succeeds Act (ESSA) plan established pursuant to the Every Student Succeeds Act ( 20 U.S.C. § 6301 et seq.); (F) The student is pregnant or a parent, as defined in § 49-1-903 ; (G) The student has a documented substance abuse issue; or (H) The student has experienced circumstances of abuse or neglect; (4) "Authorizer" means: (A) A local board of education, the Tennessee public charter school commission, or the achievement school district as defined in § 49-1-614 , that makes decisions regarding approval, renewal, and revocation of a public charter school application or agreement; and (B) Includes the state board of education until 11:59 p.m. on June 30, 2021; (5) "Charter agreement" means a fixed-term renewable agreement between a public charter school and the authorizer that outlines the rights, responsibilities, and performance expectations of each party; (6) "Charter management organization" or "CMO" means a nonprofit entity that manages or operates two (2) or more public charter schools; (7) "Commission" means the Tennessee public charter school commission; (8) "Conversion public charter school" means a charter school established by the conversion of an existing non-charter public school into a charter school; (9) "Foreign" means a country or jurisdiction outside of any state or territory of the United States; (10) "Governing body" means the organized group of persons who will operate a public charter school or schools by deciding matters, including, but not limited to, budgeting, curriculum and other operating procedures for the public charter school and by overseeing management and administration of a public charter school; (11) "Licensed teacher" means a person over the age of eighteen (18) who meets the qualifications of chapter 5, part 1 of this title and holds a valid Tennessee educator license in compliance with the rules and regulations of the state board of education; (12) "Local education agency" or "LEA" has the same definition as used in § 49-3-104 ; (13) "Opportunity public charter school" means a public charter school serving any of the grades six through twelve (6-12) for which at least seventy-five percent (75%) of the students enrolled in the public charter school, at the time of enrollment, are at-risk students and that provides: (A) Instruction to students in a traditional classroom setting; or (B) A residential program for enrolled students and provides instruction to such students in a traditional classroom setting; (14) "Public charter school" means a public school in this state that is established and operating under the terms of a charter agreement and in accordance with this chapter; (15) "Sponsor" means a proposed governing body filing an application for the establishment of a public charter school, that: (A) Is not a for-profit entity; nonpublic school as defined in § 49-6-3001 ; other private, religious, or church school; or postsecondary institution not regionally accredited; and (B) Does not promote the agenda of any religious denomination or religiously affiliated entity; (16) "Underutilized property": (A) Means a building or portion thereof, with or without improvements, which is not used or is used irregularly or intermittently, as defined by the state board of education, by an LEA for instructional or program purposes, including, but not limited to, spaces suitable for classroom use that are currently being used for storage of any kind; and (B) Does not include real property on which a building or permanent structure has not been erected or vacant property; and (17) "Vacant property": (A) Means a building, with or without improvements, which is closed or no longer used for direct academic instruction for students in pre-kindergarten through grade twelve (pre-K-12), or any combination thereof, including, but not limited to, spaces suitable for classroom use that are currently being used for storage of any kind; and (B) Does not include real property on which a building or permanent structure has not been erected. Amended by 2024 Tenn. Acts, ch. 1066,s 1, 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. 923,s 1, eff. 7/1/2024. Amended by 2022 Tenn. Acts, ch. 966, s 68, eff. 7/1/2023. Amended by 2019 Tenn. Acts, ch. 219, Secs.s 1, s 2, s 3, s 4, s 5, s 6eff. 4/26/2019. Amended by 2017 Tenn. Acts, ch. 307, s 3, eff. 7/1/2017. Amended by 2017 Tenn. Acts, ch. 307, s 2, eff. 7/1/2017. Amended by 2014 Tenn. Acts, ch. 850, s 1, eff. 4/30/2014. Amended by 2013 Tenn. Acts, ch. 351, s 2, eff. 7/1/2013. Amended by 2013 Tenn. Acts, ch. 326, s 5, eff. 7/1/2013. Acts 2002, ch. 850, § 4; 2005, ch. 414, §1; 2008 , ch. 1101, § 1; 2009 , ch. 555, § 1; 2011 , ch. 465, § 1; 2011 , ch. 466, § 1; 2011 , ch. 507, § 1; 2012 , ch. 879, § 1; 2012 , ch. 1021, § 1.
As used in this chapter:
(1) "Academic focus" means a distinctive, thematic program such as math, science, arts, general academics, or an instructional program such as Montessori or Paideia;
(2) "Academic plan" means a platform that supports the academic focus of the charter school and will include instructional goals and methods for the school, which, at a minimum, shall include teaching and classroom instruction methods, materials and curriculum that will be used to provide students with knowledge, proficiency and skills needed to reach the goals of the school;
(3) "At-risk student" means a student who, at the time of enrollment in an opportunity public charter school, is a member of a family with a household income that does not exceed four hundred percent (400%) of the federal poverty level, and meets at least one (1) of the following criteria: (A) The student has dropped out of school without obtaining a high school diploma or a high school equivalency credential; (B) The student has been adjudicated as a juvenile delinquent or is awaiting disposition of charges that may result in adjudication as a delinquent; (C) The student has previously been detained or incarcerated in a juvenile detention center; (D) The student has been retained at least twice in any of the grades kindergarten through eight (K-8), or the student is one (1) or more years behind in obtaining the credit required for promotion to the next grade level or to graduate from high school in four (4) years with the student's cohort; (E) The student is chronically absent, as defined in Tennessee's Every Student Succeeds Act (ESSA) plan established pursuant to the Every Student Succeeds Act ( 20 U.S.C. § 6301 et seq.); (F) The student is pregnant or a parent, as defined in § 49-1-903 ; (G) The student has a documented substance abuse issue; or (H) The student has experienced circumstances of abuse or neglect;
(A) The student has dropped out of school without obtaining a high school diploma or a high school equivalency credential;
(B) The student has been adjudicated as a juvenile delinquent or is awaiting disposition of charges that may result in adjudication as a delinquent;
(C) The student has previously been detained or incarcerated in a juvenile detention center;
(D) The student has been retained at least twice in any of the grades kindergarten through eight (K-8), or the student is one (1) or more years behind in obtaining the credit required for promotion to the next grade level or to graduate from high school in four (4) years with the student's cohort;
(E) The student is chronically absent, as defined in Tennessee's Every Student Succeeds Act (ESSA) plan established pursuant to the Every Student Succeeds Act ( 20 U.S.C. § 6301 et seq.);
(F) The student is pregnant or a parent, as defined in § 49-1-903 ;
(G) The student has a documented substance abuse issue; or
(H) The student has experienced circumstances of abuse or neglect;
(4) "Authorizer" means: (A) A local board of education, the Tennessee public charter school commission, or the achievement school district as defined in § 49-1-614 , that makes decisions regarding approval, renewal, and revocation of a public charter school application or agreement; and (B) Includes the state board of education until 11:59 p.m. on June 30, 2021;
(A) A local board of education, the Tennessee public charter school commission, or the achievement school district as defined in § 49-1-614 , that makes decisions regarding approval, renewal, and revocation of a public charter school application or agreement; and
(B) Includes the state board of education until 11:59 p.m. on June 30, 2021;
(5) "Charter agreement" means a fixed-term renewable agreement between a public charter school and the authorizer that outlines the rights, responsibilities, and performance expectations of each party;
(6) "Charter management organization" or "CMO" means a nonprofit entity that manages or operates two (2) or more public charter schools;
(7) "Commission" means the Tennessee public charter school commission;
(8) "Conversion public charter school" means a charter school established by the conversion of an existing non-charter public school into a charter school;
(9) "Foreign" means a country or jurisdiction outside of any state or territory of the United States;
(10) "Governing body" means the organized group of persons who will operate a public charter school or schools by deciding matters, including, but not limited to, budgeting, curriculum and other operating procedures for the public charter school and by overseeing management and administration of a public charter school;
(11) "Licensed teacher" means a person over the age of eighteen (18) who meets the qualifications of chapter 5, part 1 of this title and holds a valid Tennessee educator license in compliance with the rules and regulations of the state board of education;
(12) "Local education agency" or "LEA" has the same definition as used in § 49-3-104 ;
(13) "Opportunity public charter school" means a public charter school serving any of the grades six through twelve (6-12) for which at least seventy-five percent (75%) of the students enrolled in the public charter school, at the time of enrollment, are at-risk students and that provides: (A) Instruction to students in a traditional classroom setting; or (B) A residential program for enrolled students and provides instruction to such students in a traditional classroom setting;
(A) Instruction to students in a traditional classroom setting; or
(B) A residential program for enrolled students and provides instruction to such students in a traditional classroom setting;
(14) "Public charter school" means a public school in this state that is established and operating under the terms of a charter agreement and in accordance with this chapter;
(15) "Sponsor" means a proposed governing body filing an application for the establishment of a public charter school, that: (A) Is not a for-profit entity; nonpublic school as defined in § 49-6-3001 ; other private, religious, or church school; or postsecondary institution not regionally accredited; and (B) Does not promote the agenda of any religious denomination or religiously affiliated entity;
(A) Is not a for-profit entity; nonpublic school as defined in § 49-6-3001 ; other private, religious, or church school; or postsecondary institution not regionally accredited; and
(B) Does not promote the agenda of any religious denomination or religiously affiliated entity;
(16) "Underutilized property": (A) Means a building or portion thereof, with or without improvements, which is not used or is used irregularly or intermittently, as defined by the state board of education, by an LEA for instructional or program purposes, including, but not limited to, spaces suitable for classroom use that are currently being used for storage of any kind; and (B) Does not include real property on which a building or permanent structure has not been erected or vacant property; and
(A) Means a building or portion thereof, with or without improvements, which is not used or is used irregularly or intermittently, as defined by the state board of education, by an LEA for instructional or program purposes, including, but not limited to, spaces suitable for classroom use that are currently being used for storage of any kind; and
(B) Does not include real property on which a building or permanent structure has not been erected or vacant property; and
(17) "Vacant property": (A) Means a building, with or without improvements, which is closed or no longer used for direct academic instruction for students in pre-kindergarten through grade twelve (pre-K-12), or any combination thereof, including, but not limited to, spaces suitable for classroom use that are currently being used for storage of any kind; and (B) Does not include real property on which a building or permanent structure has not been erected.
(A) Means a building, with or without improvements, which is closed or no longer used for direct academic instruction for students in pre-kindergarten through grade twelve (pre-K-12), or any combination thereof, including, but not limited to, spaces suitable for classroom use that are currently being used for storage of any kind; and
(B) Does not include real property on which a building or permanent structure has not been erected.
Amended by 2024 Tenn. Acts, ch. 1066,s 1, 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. 923,s 1, eff. 7/1/2024.
Amended by 2022 Tenn. Acts, ch. 966, s 68, eff. 7/1/2023.
Amended by 2019 Tenn. Acts, ch. 219, Secs.s 1, s 2, s 3, s 4, s 5, s 6eff. 4/26/2019.
Amended by 2017 Tenn. Acts, ch. 307, s 3, eff. 7/1/2017.
Amended by 2017 Tenn. Acts, ch. 307, s 2, eff. 7/1/2017.
Amended by 2014 Tenn. Acts, ch. 850, s 1, eff. 4/30/2014.
Amended by 2013 Tenn. Acts, ch. 351, s 2, eff. 7/1/2013.
Amended by 2013 Tenn. Acts, ch. 326, s 5, eff. 7/1/2013.
Acts 2002, ch. 850, § 4; 2005, ch. 414, §1; 2008 , ch. 1101, § 1; 2009 , ch. 555, § 1; 2011 , ch. 465, § 1; 2011 , ch. 466, § 1; 2011 , ch. 507, § 1; 2012 , ch. 879, § 1; 2012 , ch. 1021, § 1.
Tenn. Code Ann. § 49-6-3203 — TN Code / Title 49 / Chapter 6 / Section 49-6-3203
Evidence
Status: in_force

(a) (1) In conducting hearings provided in part 31 of this chapter and this part, the board shall not be bound by the rules of evidence applicable in a court, but it may admit and give probative effect to any evidence that possesses such probative value as would entitle it to be accepted by reasonable prudent persons in the conduct of their affairs; provided, that the board shall give effect to the rules of privilege recognized by law and may exclude incompetent, irrelevant, immaterial or unduly repetitious evidence. (2) All evidence, including records and documents in the possession of the board of which it desires to avail itself, shall be offered and made a part of the record in the cause. (3) No factual information or evidence other than that contained in the record shall be considered in the determination of the cause. (4) Documentary evidence may be received in the form of copies or excerpts or by incorporation by reference. (5) Each party shall have the right of cross-examination of witnesses who testify and shall have the right to submit rebuttal evidence. (6) The board may take notice of judicially cognizable facts. (7) In addition to the oral testimony of witnesses appearing at the hearing, the testimony of witnesses may be taken by deposition or upon interrogatories. (b) (1) In conducting hearings under part 31 of this chapter and this part, the board shall have the power to administer oaths and affirmations and the power to issue subpoenas in the name of the state to compel the attendance of witnesses and the production of documentary evidence. (2) The subpoenas shall be served by the sheriff or any deputy of the county to which the subpoena is directed, and the sheriff or deputy shall be entitled to the same fees for serving such the subpoenas as in the case of the service of subpoenas from a court of record of the state. (3) In the event any person fails or refuses to obey a subpoena issued under this subsection (b), any court of record of this state within the jurisdiction of which the hearing is held or within the jurisdiction of which the person is found or resides, upon application by the board or its representatives, shall have the jurisdiction to attach the body of such person and compel the person to appear before the board and to give testimony or produce evidence as ordered. Any failure to obey such an order of the court may be punished by the court issuing the order as a contempt of the order. (c) Witnesses shall be entitled to the same fees as provided by law for witnesses in courts of record, which fees shall be paid as a part of the costs of the proceeding. (d) (1) In conducting hearings under part 31 of this chapter and this part, the board may employ counsel as provided in § 49-6-3206 to appear at and participate in the hearings on behalf of the board. (2) The board or its counsel may introduce evidence in support of the actions of the board. (3) Members of the board may cross-examine any witness testifying at the hearings. (e) The burden of proof in all proceedings under part 31 of this chapter and this part shall be upon the person challenging the action of the board. Acts 1957, ch. 13, §§ 10-13; T.C.A., §§ 49-1750 -- 49-1753.
(a) (1) In conducting hearings provided in part 31 of this chapter and this part, the board shall not be bound by the rules of evidence applicable in a court, but it may admit and give probative effect to any evidence that possesses such probative value as would entitle it to be accepted by reasonable prudent persons in the conduct of their affairs; provided, that the board shall give effect to the rules of privilege recognized by law and may exclude incompetent, irrelevant, immaterial or unduly repetitious evidence. (2) All evidence, including records and documents in the possession of the board of which it desires to avail itself, shall be offered and made a part of the record in the cause. (3) No factual information or evidence other than that contained in the record shall be considered in the determination of the cause. (4) Documentary evidence may be received in the form of copies or excerpts or by incorporation by reference. (5) Each party shall have the right of cross-examination of witnesses who testify and shall have the right to submit rebuttal evidence. (6) The board may take notice of judicially cognizable facts. (7) In addition to the oral testimony of witnesses appearing at the hearing, the testimony of witnesses may be taken by deposition or upon interrogatories.
(1) In conducting hearings provided in part 31 of this chapter and this part, the board shall not be bound by the rules of evidence applicable in a court, but it may admit and give probative effect to any evidence that possesses such probative value as would entitle it to be accepted by reasonable prudent persons in the conduct of their affairs; provided, that the board shall give effect to the rules of privilege recognized by law and may exclude incompetent, irrelevant, immaterial or unduly repetitious evidence.
(2) All evidence, including records and documents in the possession of the board of which it desires to avail itself, shall be offered and made a part of the record in the cause.
(3) No factual information or evidence other than that contained in the record shall be considered in the determination of the cause.
(4) Documentary evidence may be received in the form of copies or excerpts or by incorporation by reference.
(5) Each party shall have the right of cross-examination of witnesses who testify and shall have the right to submit rebuttal evidence.
(6) The board may take notice of judicially cognizable facts.
(7) In addition to the oral testimony of witnesses appearing at the hearing, the testimony of witnesses may be taken by deposition or upon interrogatories.
(b) (1) In conducting hearings under part 31 of this chapter and this part, the board shall have the power to administer oaths and affirmations and the power to issue subpoenas in the name of the state to compel the attendance of witnesses and the production of documentary evidence. (2) The subpoenas shall be served by the sheriff or any deputy of the county to which the subpoena is directed, and the sheriff or deputy shall be entitled to the same fees for serving such the subpoenas as in the case of the service of subpoenas from a court of record of the state. (3) In the event any person fails or refuses to obey a subpoena issued under this subsection (b), any court of record of this state within the jurisdiction of which the hearing is held or within the jurisdiction of which the person is found or resides, upon application by the board or its representatives, shall have the jurisdiction to attach the body of such person and compel the person to appear before the board and to give testimony or produce evidence as ordered. Any failure to obey such an order of the court may be punished by the court issuing the order as a contempt of the order.
(1) In conducting hearings under part 31 of this chapter and this part, the board shall have the power to administer oaths and affirmations and the power to issue subpoenas in the name of the state to compel the attendance of witnesses and the production of documentary evidence.
(2) The subpoenas shall be served by the sheriff or any deputy of the county to which the subpoena is directed, and the sheriff or deputy shall be entitled to the same fees for serving such the subpoenas as in the case of the service of subpoenas from a court of record of the state.
(3) In the event any person fails or refuses to obey a subpoena issued under this subsection (b), any court of record of this state within the jurisdiction of which the hearing is held or within the jurisdiction of which the person is found or resides, upon application by the board or its representatives, shall have the jurisdiction to attach the body of such person and compel the person to appear before the board and to give testimony or produce evidence as ordered. Any failure to obey such an order of the court may be punished by the court issuing the order as a contempt of the order.
(c) Witnesses shall be entitled to the same fees as provided by law for witnesses in courts of record, which fees shall be paid as a part of the costs of the proceeding.
(d) (1) In conducting hearings under part 31 of this chapter and this part, the board may employ counsel as provided in § 49-6-3206 to appear at and participate in the hearings on behalf of the board. (2) The board or its counsel may introduce evidence in support of the actions of the board. (3) Members of the board may cross-examine any witness testifying at the hearings.
(1) In conducting hearings under part 31 of this chapter and this part, the board may employ counsel as provided in § 49-6-3206 to appear at and participate in the hearings on behalf of the board.
(2) The board or its counsel may introduce evidence in support of the actions of the board.
(3) Members of the board may cross-examine any witness testifying at the hearings.
(e) The burden of proof in all proceedings under part 31 of this chapter and this part shall be upon the person challenging the action of the board.
Acts 1957, ch. 13, §§ 10-13; T.C.A., §§ 49-1750 -- 49-1753.
Tenn. Code Ann. § 49-6-4402 — TN Code / Title 49 / Chapter 6 / Section 49-6-4402
Corporal punishment
Status: in_force

(a) The chief administrative officer, or the chief administrative officer's designee, of any institution in which the schools are located, may use corporal punishment in a reasonable manner and in accordance with this part against any pupil for good cause in order to maintain discipline and order within such schools. (b) Corporal punishment may be administered only in a classroom situation and only in the presence of the director of schools or chief administrative officer of the school and one (1) other faculty witness. (c) (1) Notwithstanding subsection (a), the chief administrative officer, or the chief administrative officer's designee, is prohibited from using corporal punishment against any student who has a disability, unless an LEA's discipline policy permits the use of corporal punishment and a parent of a child who has a disability permits, in writing, the use of corporal punishment against the parent's child. The written permission must state the type of corporal punishment that may be used and the circumstances in which the use of corporal punishment is permitted. The school's chief administrative officer must keep the written permission on file at the school. The school's chief administrative officer must notify the parent any time corporal punishment is used. The school's chief administrative officer must inform the parent, when the written permission for the use of corporal punishment is submitted, that the parent may revoke the permission to use corporal punishment at any time by giving written notice to the school's chief administrative officer that corporal punishment may no longer be used against the parent's child who has a disability. (2) As used in this subsection (c), "student who has a disability" means a student who has an individualized education program (IEP) under the Individuals with Disabilities Education Act ( 20 U.S.C. § 1400 et seq.), or a Section 504 plan under the Rehabilitation Act ( 29 U.S.C. § 701 et seq.). Amended by 2018 Tenn. Acts, ch. 900,s 2, eff. 7/1/2018. Acts 1980, ch. 571, § 1; T.C.A. §§ 49-9-202 , 49-9-203 .
(a) The chief administrative officer, or the chief administrative officer's designee, of any institution in which the schools are located, may use corporal punishment in a reasonable manner and in accordance with this part against any pupil for good cause in order to maintain discipline and order within such schools.
(b) Corporal punishment may be administered only in a classroom situation and only in the presence of the director of schools or chief administrative officer of the school and one (1) other faculty witness.
(c) (1) Notwithstanding subsection (a), the chief administrative officer, or the chief administrative officer's designee, is prohibited from using corporal punishment against any student who has a disability, unless an LEA's discipline policy permits the use of corporal punishment and a parent of a child who has a disability permits, in writing, the use of corporal punishment against the parent's child. The written permission must state the type of corporal punishment that may be used and the circumstances in which the use of corporal punishment is permitted. The school's chief administrative officer must keep the written permission on file at the school. The school's chief administrative officer must notify the parent any time corporal punishment is used. The school's chief administrative officer must inform the parent, when the written permission for the use of corporal punishment is submitted, that the parent may revoke the permission to use corporal punishment at any time by giving written notice to the school's chief administrative officer that corporal punishment may no longer be used against the parent's child who has a disability. (2) As used in this subsection (c), "student who has a disability" means a student who has an individualized education program (IEP) under the Individuals with Disabilities Education Act ( 20 U.S.C. § 1400 et seq.), or a Section 504 plan under the Rehabilitation Act ( 29 U.S.C. § 701 et seq.).
(1) Notwithstanding subsection (a), the chief administrative officer, or the chief administrative officer's designee, is prohibited from using corporal punishment against any student who has a disability, unless an LEA's discipline policy permits the use of corporal punishment and a parent of a child who has a disability permits, in writing, the use of corporal punishment against the parent's child. The written permission must state the type of corporal punishment that may be used and the circumstances in which the use of corporal punishment is permitted. The school's chief administrative officer must keep the written permission on file at the school. The school's chief administrative officer must notify the parent any time corporal punishment is used. The school's chief administrative officer must inform the parent, when the written permission for the use of corporal punishment is submitted, that the parent may revoke the permission to use corporal punishment at any time by giving written notice to the school's chief administrative officer that corporal punishment may no longer be used against the parent's child who has a disability.
(2) As used in this subsection (c), "student who has a disability" means a student who has an individualized education program (IEP) under the Individuals with Disabilities Education Act ( 20 U.S.C. § 1400 et seq.), or a Section 504 plan under the Rehabilitation Act ( 29 U.S.C. § 701 et seq.).
Amended by 2018 Tenn. Acts, ch. 900,s 2, eff. 7/1/2018.
Acts 1980, ch. 571, § 1; T.C.A. §§ 49-9-202 , 49-9-203 .
Tenn. Code Ann. § 49-7-181 — TN Code / Title 49 / Chapter 7 / Section 49-7-181
Definition of antisemitism used in determining whether alleged act occurring on premises of institution of higher education was motivated by antisemitic intent
Status: in_force

(a) If a state governmental entity or an institution of higher education receives a complaint from a person who alleges that antisemitism has occurred on the premises of an institution of higher education, or through electronic outreach from an institution of higher education, then the respective state governmental entity or institution of higher education shall take into consideration the working definition of antisemitism adopted by the International Holocaust Remembrance Alliance (IHRA) on May 26, 2016, including the "contemporary examples of antisemitism," in determining whether the alleged act was motivated by antisemitic intent. (b) (1) This section does not diminish or infringe upon rights protected under Article I, § 3 of the Constitution of Tennessee or the First Amendment to the Constitution of the United States. (2) This section shall not be construed to conflict with other federal or state discrimination laws. (3) This section does not alter the evidentiary requirements pursuant to which a state governmental entity or an institution of higher education determines that conduct, including harassment, amounts to actionable discrimination. Acts 2022, ch. 1075, § 2.
(a) If a state governmental entity or an institution of higher education receives a complaint from a person who alleges that antisemitism has occurred on the premises of an institution of higher education, or through electronic outreach from an institution of higher education, then the respective state governmental entity or institution of higher education shall take into consideration the working definition of antisemitism adopted by the International Holocaust Remembrance Alliance (IHRA) on May 26, 2016, including the "contemporary examples of antisemitism," in determining whether the alleged act was motivated by antisemitic intent.
(b) (1) This section does not diminish or infringe upon rights protected under Article I, § 3 of the Constitution of Tennessee or the First Amendment to the Constitution of the United States. (2) This section shall not be construed to conflict with other federal or state discrimination laws. (3) This section does not alter the evidentiary requirements pursuant to which a state governmental entity or an institution of higher education determines that conduct, including harassment, amounts to actionable discrimination.
(1) This section does not diminish or infringe upon rights protected under Article I, § 3 of the Constitution of Tennessee or the First Amendment to the Constitution of the United States.
(2) This section shall not be construed to conflict with other federal or state discrimination laws.
(3) This section does not alter the evidentiary requirements pursuant to which a state governmental entity or an institution of higher education determines that conduct, including harassment, amounts to actionable discrimination.
Acts 2022, ch. 1075, § 2.
Tenn. Code Ann. § 49-7-167 — TN Code / Title 49 / Chapter 7 / Section 49-7-167
Appointment of administrative judges and hearing officers to conduct contested cases - Training - Waiver of right to contested case hearing
Status: in_force

(a) Public institutions of higher education are authorized to appoint the following persons as administrative judges and hearing officers to conduct contested cases under the Uniform Administrative Procedures Act: (1) A person who is licensed to practice law and who is not employed as an attorney for the institution; (2) A former state, county, or municipal judge or a former federal judge or magistrate; (3) An employee of the institution who has been trained to conduct contested cases, including the training in subsection (c), but who does not provide legal representation to the institution; or (4) An employee of another public institution of higher education who has been trained to conduct contested cases, including the training in subsection (c). (b) An administrative judge or hearing officer appointed by a public institution of higher education pursuant to subsection (a) is subject to: (1) The disqualification provisions of § 4-5-302 ; and (2) The conflict of interest provisions of § 4-5-303 . (c) No earlier than twelve (12) months prior to hearing a contested case under the Uniform Administrative Procedures Act that involves sexual assault, dating violence, domestic violence, or stalking, an administrative judge or hearing officer shall complete training that satisfies the requirements of Title IX of the Education Amendments of 1972 ( 20 U.S.C. § 1681 ), the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act ( 20 U.S.C. § 1092(f) ), and the federal regulations implementing those statutes, as amended. (d) In lieu of appointing an administrative judge or hearing officer to conduct a contested case pursuant to subsection (a), a public institution of higher education may make a request to the office of the secretary of state to have the contested case heard by an administrative judge or hearing officer employed in the office of the secretary of state pursuant to § 4-5-301(d) . (e) Nothing in this section is intended to prohibit a student charged with a student disciplinary offense, or any other individual who has the right to a contested case hearing, from waiving the right to the hearing of a contested case under the Uniform Administrative Procedures Act; provided, that prior to waiving that right, the individual is informed in writing of the individual's rights under this section. (f) As used in this section: (1) "Contested case" has the meaning ascribed to that term by the Uniform Administrative Procedures Act; and (2) "Uniform Administrative Procedures Act" means the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and rules of procedure for hearing contested cases promulgated in accordance with applicable rulemaking provisions. Acts 2018 , ch. 980, § 6.
(a) Public institutions of higher education are authorized to appoint the following persons as administrative judges and hearing officers to conduct contested cases under the Uniform Administrative Procedures Act: (1) A person who is licensed to practice law and who is not employed as an attorney for the institution; (2) A former state, county, or municipal judge or a former federal judge or magistrate; (3) An employee of the institution who has been trained to conduct contested cases, including the training in subsection (c), but who does not provide legal representation to the institution; or (4) An employee of another public institution of higher education who has been trained to conduct contested cases, including the training in subsection (c).
(1) A person who is licensed to practice law and who is not employed as an attorney for the institution;
(2) A former state, county, or municipal judge or a former federal judge or magistrate;
(3) An employee of the institution who has been trained to conduct contested cases, including the training in subsection (c), but who does not provide legal representation to the institution; or
(4) An employee of another public institution of higher education who has been trained to conduct contested cases, including the training in subsection (c).
(b) An administrative judge or hearing officer appointed by a public institution of higher education pursuant to subsection (a) is subject to: (1) The disqualification provisions of § 4-5-302 ; and (2) The conflict of interest provisions of § 4-5-303 .
(1) The disqualification provisions of § 4-5-302 ; and
(2) The conflict of interest provisions of § 4-5-303 .
(c) No earlier than twelve (12) months prior to hearing a contested case under the Uniform Administrative Procedures Act that involves sexual assault, dating violence, domestic violence, or stalking, an administrative judge or hearing officer shall complete training that satisfies the requirements of Title IX of the Education Amendments of 1972 ( 20 U.S.C. § 1681 ), the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act ( 20 U.S.C. § 1092(f) ), and the federal regulations implementing those statutes, as amended.
(d) In lieu of appointing an administrative judge or hearing officer to conduct a contested case pursuant to subsection (a), a public institution of higher education may make a request to the office of the secretary of state to have the contested case heard by an administrative judge or hearing officer employed in the office of the secretary of state pursuant to § 4-5-301(d) .
(e) Nothing in this section is intended to prohibit a student charged with a student disciplinary offense, or any other individual who has the right to a contested case hearing, from waiving the right to the hearing of a contested case under the Uniform Administrative Procedures Act; provided, that prior to waiving that right, the individual is informed in writing of the individual's rights under this section.
(f) As used in this section: (1) "Contested case" has the meaning ascribed to that term by the Uniform Administrative Procedures Act; and (2) "Uniform Administrative Procedures Act" means the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and rules of procedure for hearing contested cases promulgated in accordance with applicable rulemaking provisions.
(1) "Contested case" has the meaning ascribed to that term by the Uniform Administrative Procedures Act; and
(2) "Uniform Administrative Procedures Act" means the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and rules of procedure for hearing contested cases promulgated in accordance with applicable rulemaking provisions.
Acts 2018 , ch. 980, § 6.
Tenn. Code Ann. § 49-7-501 — TN Code / Title 49 / Chapter 7 / Section 49-7-501
Chairs of excellence endowment fund
Status: in_force

(a) The chairs of excellence endowment fund is created. (b) This fund shall operate as an irrevocable trust fund within the state treasury and shall be administered by the state treasurer. The terms of the trust instrument shall be approved by the attorney general and reporter. (c) There is created a board of trustees for the chairs of excellence endowment fund composed of the following seven (7) members: (1) The governor; (2) The state treasurer; (3) The comptroller of the treasury; (4) The secretary of state; (5) The commissioner of finance and administration; (6) The president of the University of Tennessee system; and (7) (A) The president of one (1) of the following state universities: (i) Austin Peay State University; (ii) East Tennessee State University; (iii) Middle Tennessee State University; (iv) Tennessee State University; (v) Tennessee Technological University; or (vi) The University of Memphis. (B) Each state university president listed in subdivisions (c)(7)(A)(i)-(vi) must serve a three-year term, in alphabetical order by state university, starting with the president of Austin Peay State University with a term beginning on July 1, 2017, and ending on June 30, 2020. (d) The trust may invest in any security or investment in which the Tennessee consolidated retirement system is permitted to invest, subject to the requirements of other applicable law; provided, that investments by the trust are governed by the investment policies and guidelines adopted by the trustees of the trust in accordance with this part. The state treasurer is responsible for investment and reinvestment of trust funds in accordance with the policies and guidelines established by the trustees. (e) The trust shall include funds appropriated for the purpose of funding the trust, matching funds contributed by public universities and the earnings on the funds. Matching funds contributed by public universities may include funds from private sources made on behalf of the respective universities. Appropriations made to the trust shall be divided equally between the general accounts of the University of Tennessee and the state universities listed in subdivision (c)(7)(A), unless otherwise directed by law. The general account for the state universities shall be a pooled account for all of the state universities listed in subdivision (c)(7)(A). (f) The corpus of the trust shall not be expended for any purpose. Income from the trust shall be expended for the sole purpose of funding the chairs of excellence program; provided, that investment expenses may also be deducted from income of the trust. For purposes of this part, the corpus of the trust means the funds appropriated by the state for the purpose of funding the trust and the matching funds contributed by public universities and by private sources on behalf of the respective universities. Income from the trust means all earnings from the trust's investment portfolios from whatever source derived, including, but not limited to, interest, dividends, realized capital gains or losses and any income previously applied to the corpus of the trust. No funds may be expended for a chair until all requirements of § 49-7-502 have been met. (g) (1) The trust shall be divided into two (2) general accounts: (A) One (1) for the University of Tennessee; and (B) One (1) pooled account on behalf of the state universities listed in subdivision (c)(7)(A). (2) Each general account shall be divided into subaccounts for each chair established under § 49-7-502 . (3) Corpus shall be allocated to each subaccount in an amount sufficient to fund the chair. All income on the corpus allocated shall be paid to the subaccount. (4) Income on the remaining corpus in each general account that has not been allocated shall be maintained in a special reserve at the general account level. (5) Income in excess of the required funding for a subaccount shall be maintained in a special reserve at the subaccount level. (6) Regardless of the allocation of funds, all moneys in the trust fund may be commingled for investment with other trust funds and other funds subject to investment by the state treasurer. (h) The trustees shall each serve in an ex officio capacity and the state treasurer shall serve as chair of the board. Each trustee may designate a member of their respective staff to attend the board's meetings and to exercise the trustee's right to vote in the trustee's absence. The designations must be made in writing to the board chair. Amended by 2020 Tenn. Acts, ch. 687, s 1, eff. 6/11/2020. Amended by 2017 Tenn. Acts, ch. 400, s 15, eff. 7/1/2017. Amended by 2017 Tenn. Acts, ch. 400, s 16, eff. 7/1/2017. Acts 1985, ch. 119, § 1; 2005, ch. 91, § 1; 2007 , ch. 40, § 1.
(a) The chairs of excellence endowment fund is created.
(b) This fund shall operate as an irrevocable trust fund within the state treasury and shall be administered by the state treasurer. The terms of the trust instrument shall be approved by the attorney general and reporter.
(c) There is created a board of trustees for the chairs of excellence endowment fund composed of the following seven (7) members: (1) The governor; (2) The state treasurer; (3) The comptroller of the treasury; (4) The secretary of state; (5) The commissioner of finance and administration; (6) The president of the University of Tennessee system; and (7) (A) The president of one (1) of the following state universities: (i) Austin Peay State University; (ii) East Tennessee State University; (iii) Middle Tennessee State University; (iv) Tennessee State University; (v) Tennessee Technological University; or (vi) The University of Memphis. (B) Each state university president listed in subdivisions (c)(7)(A)(i)-(vi) must serve a three-year term, in alphabetical order by state university, starting with the president of Austin Peay State University with a term beginning on July 1, 2017, and ending on June 30, 2020.
(1) The governor;
(2) The state treasurer;
(3) The comptroller of the treasury;
(4) The secretary of state;
(5) The commissioner of finance and administration;
(6) The president of the University of Tennessee system; and
(7) (A) The president of one (1) of the following state universities: (i) Austin Peay State University; (ii) East Tennessee State University; (iii) Middle Tennessee State University; (iv) Tennessee State University; (v) Tennessee Technological University; or (vi) The University of Memphis. (B) Each state university president listed in subdivisions (c)(7)(A)(i)-(vi) must serve a three-year term, in alphabetical order by state university, starting with the president of Austin Peay State University with a term beginning on July 1, 2017, and ending on June 30, 2020.
(A) The president of one (1) of the following state universities: (i) Austin Peay State University; (ii) East Tennessee State University; (iii) Middle Tennessee State University; (iv) Tennessee State University; (v) Tennessee Technological University; or (vi) The University of Memphis.
(i) Austin Peay State University;
(ii) East Tennessee State University;
(iii) Middle Tennessee State University;
(iv) Tennessee State University;
(v) Tennessee Technological University; or
(vi) The University of Memphis.
(B) Each state university president listed in subdivisions (c)(7)(A)(i)-(vi) must serve a three-year term, in alphabetical order by state university, starting with the president of Austin Peay State University with a term beginning on July 1, 2017, and ending on June 30, 2020.
(d) The trust may invest in any security or investment in which the Tennessee consolidated retirement system is permitted to invest, subject to the requirements of other applicable law; provided, that investments by the trust are governed by the investment policies and guidelines adopted by the trustees of the trust in accordance with this part. The state treasurer is responsible for investment and reinvestment of trust funds in accordance with the policies and guidelines established by the trustees.
(e) The trust shall include funds appropriated for the purpose of funding the trust, matching funds contributed by public universities and the earnings on the funds. Matching funds contributed by public universities may include funds from private sources made on behalf of the respective universities. Appropriations made to the trust shall be divided equally between the general accounts of the University of Tennessee and the state universities listed in subdivision (c)(7)(A), unless otherwise directed by law. The general account for the state universities shall be a pooled account for all of the state universities listed in subdivision (c)(7)(A).
(f) The corpus of the trust shall not be expended for any purpose. Income from the trust shall be expended for the sole purpose of funding the chairs of excellence program; provided, that investment expenses may also be deducted from income of the trust. For purposes of this part, the corpus of the trust means the funds appropriated by the state for the purpose of funding the trust and the matching funds contributed by public universities and by private sources on behalf of the respective universities. Income from the trust means all earnings from the trust's investment portfolios from whatever source derived, including, but not limited to, interest, dividends, realized capital gains or losses and any income previously applied to the corpus of the trust. No funds may be expended for a chair until all requirements of § 49-7-502 have been met.
(g) (1) The trust shall be divided into two (2) general accounts: (A) One (1) for the University of Tennessee; and (B) One (1) pooled account on behalf of the state universities listed in subdivision (c)(7)(A). (2) Each general account shall be divided into subaccounts for each chair established under § 49-7-502 . (3) Corpus shall be allocated to each subaccount in an amount sufficient to fund the chair. All income on the corpus allocated shall be paid to the subaccount. (4) Income on the remaining corpus in each general account that has not been allocated shall be maintained in a special reserve at the general account level. (5) Income in excess of the required funding for a subaccount shall be maintained in a special reserve at the subaccount level. (6) Regardless of the allocation of funds, all moneys in the trust fund may be commingled for investment with other trust funds and other funds subject to investment by the state treasurer.
(1) The trust shall be divided into two (2) general accounts: (A) One (1) for the University of Tennessee; and (B) One (1) pooled account on behalf of the state universities listed in subdivision (c)(7)(A).
(A) One (1) for the University of Tennessee; and
(B) One (1) pooled account on behalf of the state universities listed in subdivision (c)(7)(A).
(2) Each general account shall be divided into subaccounts for each chair established under § 49-7-502 .
(3) Corpus shall be allocated to each subaccount in an amount sufficient to fund the chair. All income on the corpus allocated shall be paid to the subaccount.
(4) Income on the remaining corpus in each general account that has not been allocated shall be maintained in a special reserve at the general account level.
(5) Income in excess of the required funding for a subaccount shall be maintained in a special reserve at the subaccount level.
(6) Regardless of the allocation of funds, all moneys in the trust fund may be commingled for investment with other trust funds and other funds subject to investment by the state treasurer.
(h) The trustees shall each serve in an ex officio capacity and the state treasurer shall serve as chair of the board. Each trustee may designate a member of their respective staff to attend the board's meetings and to exercise the trustee's right to vote in the trustee's absence. The designations must be made in writing to the board chair.
Amended by 2020 Tenn. Acts, ch. 687, s 1, eff. 6/11/2020.
Amended by 2017 Tenn. Acts, ch. 400, s 15, eff. 7/1/2017.
Amended by 2017 Tenn. Acts, ch. 400, s 16, eff. 7/1/2017.
Acts 1985, ch. 119, § 1; 2005, ch. 91, § 1; 2007 , ch. 40, § 1.
Tenn. Code Ann. § 49-7-204 — TN Code / Title 49 / Chapter 7 / Section 49-7-204
Composition
Status: in_force

(a) (1) (A) The commission shall consist of a total of ten (10) appointed voting members. (B) The governor shall appoint six (6) voting members, the speaker of the senate shall appoint one (1) voting member, the speaker of the house of representatives shall appoint one (1) voting member, and the speakers shall jointly appoint one (1) voting member. (C) (i) In addition, the governor shall appoint one (1) voting student member each year, from a list of three (3) nominees selected and submitted by the commission no later than April 15. The student member shall serve for a term of one (1) year, commencing on July 1 and concluding on June 30. (ii) The student member must remain enrolled in good standing at a public institution of higher education in this state for the duration of the student's term on the commission, except that a student member who graduates during the student's term on the commission may complete that term. (iii) The student member shall be a resident of this state. (iv) The chancellor of the board of regents and the president of the University of Tennessee system may each submit no more than two (2) qualified candidates, and the presidents of the state universities may each submit one (1) qualified candidate, to the commission for consideration each year. All candidates shall be submitted to the executive director no later than November 15. (v) The chancellor and presidents are encouraged to facilitate the participation of campus student government associations in the candidate selection process. (vi) Nothing in this section shall be construed to terminate a student member who was appointed prior to March 23, 2018. (D) The comptroller of the treasury, the secretary of state, and the state treasurer shall serve as ex officio, voting members of the commission. The executive director of the state board of education, or the executive director's designee, serves as an ex officio, nonvoting member of the commission. (2) (A) Except for ex officio members and student members, membership shall be for a six-year term. (B) To transition from appointment of all members by the governor to appointment of members by the governor, the speaker of the senate, and the speaker of the house of representatives, when the first vacancy occurs or the first term expires after July 1, 2016, the speaker of the senate shall appoint the member to fill the vacancy. When the second vacancy occurs or the next term expires, the speaker of the house of representatives shall appoint the member to fill the vacancy. When the third vacancy occurs or the next term expires, the speaker of the senate and the speaker of the house of representatives shall jointly appoint the member to fill the vacancy. (3) (A) As the governor, speaker of the senate, and speaker of the house of representatives appoint voting members, other than the student members, the governor, the speaker of the senate, and the speaker of the house of representatives shall appoint the voting members so that the three (3) grand divisions are represented equally. (B) No member of the commission serving on July 1, 2016, shall have the member's term cut short because of subdivision (a)(3)(A). (4) When the nine (9) voting members, other than the student member, have been appointed so that the three (3) grand divisions are represented equally, the appointing authorities, in filling vacancies, shall subsequently appoint a person from the grand division in which the member who previously filled the position resided. (5) Members shall be eligible for reappointment. (6) The appointing authorities shall strive to appoint members to the commission in a manner that is representative of the diversity of the citizens of the state. (b) (1) Except as provided in subdivision (a)(2)(B), any vacancy on the commission shall be filled by appointment of the authority who originally made the appointment. (2) Vacancies, except for expiration of a term, shall be filled for the unexpired term only. (3) Except for members appointed before July 1, 2016, the place of any member on the commission shall be vacated at such time as the member ceases to reside in the grand division in which the member resided at the time of appointment. (c) Except as provided in subsection (a), no commission member shall be an elected or appointed official or employee of the state, nor a trustee, officer or employer of a public institution of higher learning in this state while a member of the commission. A student member is exempt from this subsection (c). (d) (1) The commission's first meeting after all members have been appointed shall be upon the call of the governor. (2) The commission thereafter shall meet at least four (4) times each year. (3) Meetings of the commission shall be made available for viewing by the public over the internet by streaming video accessible from the commission's website. Archived videos of the commission's meetings shall also be available to the public through the commission's website. (e) The commission shall elect from its number a chair and such other officers as it deems appropriate, shall determine their terms as officers of the commission and shall adopt rules for its organization and the conduct of its business. (f) Commission members shall receive no compensation for their services, but shall be reimbursed for travel expenses in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. Amended by 2022 Tenn. Acts, ch. 737, s 3, eff. 3/24/2022. Amended by 2018 Tenn. Acts, ch. 602, Secs.s 14, s 15 eff. 3/23/2018. Amended by 2016 Tenn. Acts, ch. 869, s 34, eff. 7/1/2016. Acts 1967, ch. 179, §§ 5, 7; 1973, ch. 120, § 2; 1975, ch. 287, § 1; 1976, ch. 806, § 1(77); 1977, ch. 8, § 4; 1981, ch. 533, §§ 1, 2; T.C.A., §§ 49-4205, 49-4207; Acts 1984 (1st E.S.), ch. 6, § 24; 1988, ch. 839, § 1; 1988, ch. 1013, § 19; 1990, ch. 938, § 1; 1993, ch. 304, § 1; 1994, ch. 731, § 2; 1994, ch. 834, §§ 1, 3; 1994, ch. 954, §§ 1-3; 1995, ch. 96, §§ 1, 2; 1996, ch. 813, §§ 1-10; 2001, ch. 369, § 1; 2010 , ch. 1051, § 2.
(a) (1) (A) The commission shall consist of a total of ten (10) appointed voting members. (B) The governor shall appoint six (6) voting members, the speaker of the senate shall appoint one (1) voting member, the speaker of the house of representatives shall appoint one (1) voting member, and the speakers shall jointly appoint one (1) voting member. (C) (i) In addition, the governor shall appoint one (1) voting student member each year, from a list of three (3) nominees selected and submitted by the commission no later than April 15. The student member shall serve for a term of one (1) year, commencing on July 1 and concluding on June 30. (ii) The student member must remain enrolled in good standing at a public institution of higher education in this state for the duration of the student's term on the commission, except that a student member who graduates during the student's term on the commission may complete that term. (iii) The student member shall be a resident of this state. (iv) The chancellor of the board of regents and the president of the University of Tennessee system may each submit no more than two (2) qualified candidates, and the presidents of the state universities may each submit one (1) qualified candidate, to the commission for consideration each year. All candidates shall be submitted to the executive director no later than November 15. (v) The chancellor and presidents are encouraged to facilitate the participation of campus student government associations in the candidate selection process. (vi) Nothing in this section shall be construed to terminate a student member who was appointed prior to March 23, 2018. (D) The comptroller of the treasury, the secretary of state, and the state treasurer shall serve as ex officio, voting members of the commission. The executive director of the state board of education, or the executive director's designee, serves as an ex officio, nonvoting member of the commission. (2) (A) Except for ex officio members and student members, membership shall be for a six-year term. (B) To transition from appointment of all members by the governor to appointment of members by the governor, the speaker of the senate, and the speaker of the house of representatives, when the first vacancy occurs or the first term expires after July 1, 2016, the speaker of the senate shall appoint the member to fill the vacancy. When the second vacancy occurs or the next term expires, the speaker of the house of representatives shall appoint the member to fill the vacancy. When the third vacancy occurs or the next term expires, the speaker of the senate and the speaker of the house of representatives shall jointly appoint the member to fill the vacancy. (3) (A) As the governor, speaker of the senate, and speaker of the house of representatives appoint voting members, other than the student members, the governor, the speaker of the senate, and the speaker of the house of representatives shall appoint the voting members so that the three (3) grand divisions are represented equally. (B) No member of the commission serving on July 1, 2016, shall have the member's term cut short because of subdivision (a)(3)(A). (4) When the nine (9) voting members, other than the student member, have been appointed so that the three (3) grand divisions are represented equally, the appointing authorities, in filling vacancies, shall subsequently appoint a person from the grand division in which the member who previously filled the position resided. (5) Members shall be eligible for reappointment. (6) The appointing authorities shall strive to appoint members to the commission in a manner that is representative of the diversity of the citizens of the state.
(1) (A) The commission shall consist of a total of ten (10) appointed voting members. (B) The governor shall appoint six (6) voting members, the speaker of the senate shall appoint one (1) voting member, the speaker of the house of representatives shall appoint one (1) voting member, and the speakers shall jointly appoint one (1) voting member. (C) (i) In addition, the governor shall appoint one (1) voting student member each year, from a list of three (3) nominees selected and submitted by the commission no later than April 15. The student member shall serve for a term of one (1) year, commencing on July 1 and concluding on June 30. (ii) The student member must remain enrolled in good standing at a public institution of higher education in this state for the duration of the student's term on the commission, except that a student member who graduates during the student's term on the commission may complete that term. (iii) The student member shall be a resident of this state. (iv) The chancellor of the board of regents and the president of the University of Tennessee system may each submit no more than two (2) qualified candidates, and the presidents of the state universities may each submit one (1) qualified candidate, to the commission for consideration each year. All candidates shall be submitted to the executive director no later than November 15. (v) The chancellor and presidents are encouraged to facilitate the participation of campus student government associations in the candidate selection process. (vi) Nothing in this section shall be construed to terminate a student member who was appointed prior to March 23, 2018. (D) The comptroller of the treasury, the secretary of state, and the state treasurer shall serve as ex officio, voting members of the commission. The executive director of the state board of education, or the executive director's designee, serves as an ex officio, nonvoting member of the commission.
(A) The commission shall consist of a total of ten (10) appointed voting members.
(B) The governor shall appoint six (6) voting members, the speaker of the senate shall appoint one (1) voting member, the speaker of the house of representatives shall appoint one (1) voting member, and the speakers shall jointly appoint one (1) voting member.
(C) (i) In addition, the governor shall appoint one (1) voting student member each year, from a list of three (3) nominees selected and submitted by the commission no later than April 15. The student member shall serve for a term of one (1) year, commencing on July 1 and concluding on June 30. (ii) The student member must remain enrolled in good standing at a public institution of higher education in this state for the duration of the student's term on the commission, except that a student member who graduates during the student's term on the commission may complete that term. (iii) The student member shall be a resident of this state. (iv) The chancellor of the board of regents and the president of the University of Tennessee system may each submit no more than two (2) qualified candidates, and the presidents of the state universities may each submit one (1) qualified candidate, to the commission for consideration each year. All candidates shall be submitted to the executive director no later than November 15. (v) The chancellor and presidents are encouraged to facilitate the participation of campus student government associations in the candidate selection process. (vi) Nothing in this section shall be construed to terminate a student member who was appointed prior to March 23, 2018.
(i) In addition, the governor shall appoint one (1) voting student member each year, from a list of three (3) nominees selected and submitted by the commission no later than April 15. The student member shall serve for a term of one (1) year, commencing on July 1 and concluding on June 30.
(ii) The student member must remain enrolled in good standing at a public institution of higher education in this state for the duration of the student's term on the commission, except that a student member who graduates during the student's term on the commission may complete that term.
(iii) The student member shall be a resident of this state.
(iv) The chancellor of the board of regents and the president of the University of Tennessee system may each submit no more than two (2) qualified candidates, and the presidents of the state universities may each submit one (1) qualified candidate, to the commission for consideration each year. All candidates shall be submitted to the executive director no later than November 15.
(v) The chancellor and presidents are encouraged to facilitate the participation of campus student government associations in the candidate selection process.
(vi) Nothing in this section shall be construed to terminate a student member who was appointed prior to March 23, 2018.
(D) The comptroller of the treasury, the secretary of state, and the state treasurer shall serve as ex officio, voting members of the commission. The executive director of the state board of education, or the executive director's designee, serves as an ex officio, nonvoting member of the commission.
(2) (A) Except for ex officio members and student members, membership shall be for a six-year term. (B) To transition from appointment of all members by the governor to appointment of members by the governor, the speaker of the senate, and the speaker of the house of representatives, when the first vacancy occurs or the first term expires after July 1, 2016, the speaker of the senate shall appoint the member to fill the vacancy. When the second vacancy occurs or the next term expires, the speaker of the house of representatives shall appoint the member to fill the vacancy. When the third vacancy occurs or the next term expires, the speaker of the senate and the speaker of the house of representatives shall jointly appoint the member to fill the vacancy.
(A) Except for ex officio members and student members, membership shall be for a six-year term.
(B) To transition from appointment of all members by the governor to appointment of members by the governor, the speaker of the senate, and the speaker of the house of representatives, when the first vacancy occurs or the first term expires after July 1, 2016, the speaker of the senate shall appoint the member to fill the vacancy. When the second vacancy occurs or the next term expires, the speaker of the house of representatives shall appoint the member to fill the vacancy. When the third vacancy occurs or the next term expires, the speaker of the senate and the speaker of the house of representatives shall jointly appoint the member to fill the vacancy.
(3) (A) As the governor, speaker of the senate, and speaker of the house of representatives appoint voting members, other than the student members, the governor, the speaker of the senate, and the speaker of the house of representatives shall appoint the voting members so that the three (3) grand divisions are represented equally. (B) No member of the commission serving on July 1, 2016, shall have the member's term cut short because of subdivision (a)(3)(A).
(A) As the governor, speaker of the senate, and speaker of the house of representatives appoint voting members, other than the student members, the governor, the speaker of the senate, and the speaker of the house of representatives shall appoint the voting members so that the three (3) grand divisions are represented equally.
(B) No member of the commission serving on July 1, 2016, shall have the member's term cut short because of subdivision (a)(3)(A).
(4) When the nine (9) voting members, other than the student member, have been appointed so that the three (3) grand divisions are represented equally, the appointing authorities, in filling vacancies, shall subsequently appoint a person from the grand division in which the member who previously filled the position resided.
(5) Members shall be eligible for reappointment.
(6) The appointing authorities shall strive to appoint members to the commission in a manner that is representative of the diversity of the citizens of the state.
(b) (1) Except as provided in subdivision (a)(2)(B), any vacancy on the commission shall be filled by appointment of the authority who originally made the appointment. (2) Vacancies, except for expiration of a term, shall be filled for the unexpired term only. (3) Except for members appointed before July 1, 2016, the place of any member on the commission shall be vacated at such time as the member ceases to reside in the grand division in which the member resided at the time of appointment.
(1) Except as provided in subdivision (a)(2)(B), any vacancy on the commission shall be filled by appointment of the authority who originally made the appointment.
(2) Vacancies, except for expiration of a term, shall be filled for the unexpired term only.
(3) Except for members appointed before July 1, 2016, the place of any member on the commission shall be vacated at such time as the member ceases to reside in the grand division in which the member resided at the time of appointment.
(c) Except as provided in subsection (a), no commission member shall be an elected or appointed official or employee of the state, nor a trustee, officer or employer of a public institution of higher learning in this state while a member of the commission. A student member is exempt from this subsection (c).
(d) (1) The commission's first meeting after all members have been appointed shall be upon the call of the governor. (2) The commission thereafter shall meet at least four (4) times each year. (3) Meetings of the commission shall be made available for viewing by the public over the internet by streaming video accessible from the commission's website. Archived videos of the commission's meetings shall also be available to the public through the commission's website.
(1) The commission's first meeting after all members have been appointed shall be upon the call of the governor.
(2) The commission thereafter shall meet at least four (4) times each year.
(3) Meetings of the commission shall be made available for viewing by the public over the internet by streaming video accessible from the commission's website. Archived videos of the commission's meetings shall also be available to the public through the commission's website.
(e) The commission shall elect from its number a chair and such other officers as it deems appropriate, shall determine their terms as officers of the commission and shall adopt rules for its organization and the conduct of its business.
(f) Commission members shall receive no compensation for their services, but shall be reimbursed for travel expenses in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
Amended by 2022 Tenn. Acts, ch. 737, s 3, eff. 3/24/2022.
Amended by 2018 Tenn. Acts, ch. 602, Secs.s 14, s 15 eff. 3/23/2018.
Amended by 2016 Tenn. Acts, ch. 869, s 34, eff. 7/1/2016.
Acts 1967, ch. 179, §§ 5, 7; 1973, ch. 120, § 2; 1975, ch. 287, § 1; 1976, ch. 806, § 1(77); 1977, ch. 8, § 4; 1981, ch. 533, §§ 1, 2; T.C.A., §§ 49-4205, 49-4207; Acts 1984 (1st E.S.), ch. 6, § 24; 1988, ch. 839, § 1; 1988, ch. 1013, § 19; 1990, ch. 938, § 1; 1993, ch. 304, § 1; 1994, ch. 731, § 2; 1994, ch. 834, §§ 1, 3; 1994, ch. 954, §§ 1-3; 1995, ch. 96, §§ 1, 2; 1996, ch. 813, §§ 1-10; 2001, ch. 369, § 1; 2010 , ch. 1051, § 2.
Tenn. Code Ann. § 49-1-201 — TN Code / Title 49 / Chapter 1 / Section 49-1-201
Powers and duties of the commissioner
Status: in_force

(a) The commissioner of education is responsible for the implementation of law or policies established by the general assembly or the state board of education. (b) The commissioner shall attend all meetings of the state board of education and may speak at the meetings and make recommendations. Any recommendations made by the commissioner shall be made a part of the minutes of the meeting. (c) The commissioner shall provide direction through administrative and supervisory activities designed to build and maintain an effective organization as follows: (1) Employ and supervise the personnel within the department; (2) Collect and publish, in accordance with the rules, regulations, policies and procedures of the state publications committee, statistics and other information relative to the public school system; (3) Make tours of inspection and survey among the public schools throughout the state and to direct supervision through the divisions of the department; (4) Require all teachers to attend county institutes or educational meetings on the date, at the hour and place designated by the county director of schools; provided, that schools shall not be suspended for more than ten (10) days in one (1) year; and provided further, that the place of the meeting shall be in the county where the school is located; (5) See that the school laws and the regulations of the state board of education are faithfully executed; (6) Prepare and distribute blank forms for all reports required by law or by the commissioner to be made by teachers, boards of education, directors of schools, county trustees and all other state, county and city officers; (7) Distribute in electronic format to the local boards of education, at the conclusion of each regular session of the general assembly, copies of newly enacted public chapters pertaining to public education; (8) Require all state and local public school officers and heads of state educational institutions under the department or the state board of education to submit detailed reports annually; and, in case of emergency, the commissioner may require special reports at any time of any officer connected with the public school system; (9) Appoint someone to make reports required to be made by the state or local public school officers and heads of state institutions named in this section when such officers fail to make full and accurate reports at the time designated, and to allow the appointee compensation not to exceed five dollars ($5.00) per day for the time actually employed in making the reports for the appointee's service, which shall be paid by the delinquent public school officer or the head of the state educational institution. Upon the refusal of the delinquent officer or head of the state educational institution to pay the compensation, the commissioner shall deduct that amount out of the state supplement to the delinquent officer's or head's salary or compensation and require the county trustee or other custodian of public school funds to withhold that amount out of any salary that may be due the delinquent officer; (10) Preserve in the commissioner's office all official documents and matters in relation to educational subjects that may come into it; (11) Report to the comptroller of the treasury, on July 1 of each year, the average daily attendance of the preceding year, as determined and taken from the daily attendance reports of the teachers and other officers of the various cities and counties, and on July 1 of odd years, biennially, the school census, as determined by the scholastic census enumeration; (12) Submit annually to the governor a detailed report of the commissioner's official acts for the year ending June 30 preceding, exhibiting a full statistical account of the receipts and disbursements of the public school funds, the condition and progress of the public schools and making recommendations for improvements of the public school system; (13) Prepare and furnish high school diplomas for graduates of senior, public high schools, approved by the state board of education; (14) (A) Whenever it appears to the commissioner from the report of any school official or from any other reliable source that any portion of the school fund has been lost, misappropriated or in any way illegally disposed of or not collected, or is in danger of loss, misappropriation, illegal disposition or failure of collection, the commissioner may call upon the district attorney general, the county mayor or the county attorney to protect, recover or force collection of the funds; provided, that the governor shall first give approval to such action. This subdivision (c)(14)(A), however, shall not prohibit suits by one political subdivision against another political subdivision in the same county, or against the county, when the consent of the commissioner and the governor has not been obtained. The commissioner, with the consent of the governor and with the approval of the attorney general and reporter, is authorized to employ private legal counsel in order to protect, recover or force collection of any school funds; and (B) The commissioner has authority to send a supervisor or supervisors, as provided for in this section, to any local school system to make investigation of public school accounts, records and files of any official handling the school funds or administering the public school system, and to enforce all school laws and regulations of the commissioner; provided, that the duty of the commissioner shall not be exercised until the local board of education has requested the investigation; (15) [Deleted by 2022 amendment.] (16) Prescribe regulations regarding the display of flags on public school buildings; (17) Require the heads of divisions under the commissioner's direction who handle state funds to give bonds sufficient to cover any liability to the state; (18) Inspect, approve, and classify private schools in accordance with the rules of the state board of education; (19) (A) Prepare and present to the state board of education for its approval, disapproval, or amendment rules that are necessary to implement the policies, standards, or guidelines of the state board or the education laws of the state; (B) In the absence of the state board, the commissioner shall have, if necessary, the emergency rulemaking authority provided for in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; and (C) The commissioner may prepare and promulgate, without board approval, rules that are solely necessary for the internal administrative operation and functions of the department and to implement the TISA in accordance with the Tennessee Investment in Student Achievement Act, compiled in chapter 3, part 1 of this title. With the exception of the rulemaking authority provided in the Tennessee Investment in Student Achievement Act, compiled in chapter 3, part 1 of this title, the department's authority to promulgate rules does not supersede the powers of the state board and may be used only in performance of the commissioner's administrative responsibilities; (20) Conduct, subject to approval of the state board of education, a program of public information concerning public schools, kindergarten through grade twelve (K-12); (21) Approve evaluation plans developed by LEAs; (22) Inspect and approve child care centers operated by church-related schools, as defined by § 49-50-801 , in accordance with the same health, fire and safety standards as are used in inspecting and approving child care centers operated in public schools; (23) Authorize and administer a contract between the department of education and Miss Tennessee regarding safe and drug-free schools, subject to availability of federal funds that may be used for this purpose; and (24) Require each LEA's director of schools to submit to the department of education an annual personnel report. (d) (1) Upon application by the LEA for one (1) or more of its schools, the commissioner of education may waive any state board rule or statute that inhibits or hinders the LEA's ability to meet its goals or comply with its mission. However, the commissioner may not waive regulatory or statutory requirements related to: (A) Federal and state civil rights; (B) Federal, state and local health and safety; (C) Federal and state public records; (D) Immunizations; (E) Possession of weapons on school grounds; (F) Background checks and fingerprinting of personnel; (G) Federal and state special education services; (H) Student due process; (I) Parental rights; (J) Federal and state student assessment and accountability; (K) Open meetings; (L) Educators' due process rights; (M) Reductions in teachers' salaries; (N) Employee rights, salaries and benefits; and (O) Licensure of employees. (2) No provisions of subdivision (d)(1) shall be construed to impact memoranda of understanding under the Professional Educators Collaborative Conferencing Act of 2011, compiled in chapter 5, part 6 of this title. (e) (1) The commissioner of education, in collaboration with the state-level school safety team established under § 49-6-802 , shall develop guidelines and training for all public school administrators and human resource personnel regarding the prevention of workplace violence. Such guidelines and training shall include outlines and related materials for use in the delivery of in-service training activities for teachers and other school personnel, and to further include materials and training or recognizing and responding to employee alcohol and substance abuse. (2) The commissioner is authorized to direct up to five percent (5%) of the funds appropriated for the Safe Schools Act of 1998, codified in § 49-6-4302(c) , to the Tennessee school safety center for the development and delivery of training materials and guidelines as specified under § 49-6-4302(a) . Amended by 2022 Tenn. Acts, ch. 966, s 32, eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 686, s 1, eff. 3/28/2022. Amended by 2021 Tenn. Acts, ch. 493, Secs.s 2, s 3, s 4 eff. 5/25/2021. Amended by 2019 Tenn. Acts, ch. 248, Secs.s 1, s 2, s 3 eff. 5/2/2019. Amended by 2018 Tenn. Acts, ch. 725, s 3, s 4, Sec.s 5, s 6 eff. 4/18/2018. Amended by 2014 Tenn. Acts, ch. 672, s 1, eff. 4/14/2014. Acts 1925, ch. 115, § 4; Shan. Supp., § 1487a23; Code 1932, § 2314; Acts 1933, ch. 129, § 1; C. Supp. 1950, § 2314; impl. am. Acts 1951, ch. 58; Acts 1957, ch. 91, §§ 1, 2; 1961, ch. 106, § 1; 1961, ch. 160, § 1; 1963, ch. 13, § 1; 1974, ch. 654, §§ 2-8; T.C.A. (orig. ed.), § 49-105; Acts 1984 (1st Ex. Sess.), ch. 6, § 8; 1984 (1st Ex. Sess.), ch. 7, § 92; 1984, ch. 928, § 1; 1987, ch. 308, § 9; 1989, ch. 132, § 2; 1990, ch. 948, § 22; 1990, ch. 1024, §§ 21, 23; 1992, ch. 535, §§ 56, 58; impl. am. Acts 1996, ch. 1079, § 158; 2002, ch. 727, § 1; 2003 , ch. 88, § 1; 2003 , ch. 90, § 2; 2006, ch. 725, § 1; 2006, ch. 727, § 1; 2008 , ch. 888, § 3; 2008 , ch. 1062, § 9; 2008 , ch. 1102, § 1; 2009 , ch. 566, § 12; 2010 , ch. 1106, § 1; 2011 , ch. 378, § 6.
(a) The commissioner of education is responsible for the implementation of law or policies established by the general assembly or the state board of education.
(b) The commissioner shall attend all meetings of the state board of education and may speak at the meetings and make recommendations. Any recommendations made by the commissioner shall be made a part of the minutes of the meeting.
(c) The commissioner shall provide direction through administrative and supervisory activities designed to build and maintain an effective organization as follows: (1) Employ and supervise the personnel within the department; (2) Collect and publish, in accordance with the rules, regulations, policies and procedures of the state publications committee, statistics and other information relative to the public school system; (3) Make tours of inspection and survey among the public schools throughout the state and to direct supervision through the divisions of the department; (4) Require all teachers to attend county institutes or educational meetings on the date, at the hour and place designated by the county director of schools; provided, that schools shall not be suspended for more than ten (10) days in one (1) year; and provided further, that the place of the meeting shall be in the county where the school is located; (5) See that the school laws and the regulations of the state board of education are faithfully executed; (6) Prepare and distribute blank forms for all reports required by law or by the commissioner to be made by teachers, boards of education, directors of schools, county trustees and all other state, county and city officers; (7) Distribute in electronic format to the local boards of education, at the conclusion of each regular session of the general assembly, copies of newly enacted public chapters pertaining to public education; (8) Require all state and local public school officers and heads of state educational institutions under the department or the state board of education to submit detailed reports annually; and, in case of emergency, the commissioner may require special reports at any time of any officer connected with the public school system; (9) Appoint someone to make reports required to be made by the state or local public school officers and heads of state institutions named in this section when such officers fail to make full and accurate reports at the time designated, and to allow the appointee compensation not to exceed five dollars ($5.00) per day for the time actually employed in making the reports for the appointee's service, which shall be paid by the delinquent public school officer or the head of the state educational institution. Upon the refusal of the delinquent officer or head of the state educational institution to pay the compensation, the commissioner shall deduct that amount out of the state supplement to the delinquent officer's or head's salary or compensation and require the county trustee or other custodian of public school funds to withhold that amount out of any salary that may be due the delinquent officer; (10) Preserve in the commissioner's office all official documents and matters in relation to educational subjects that may come into it; (11) Report to the comptroller of the treasury, on July 1 of each year, the average daily attendance of the preceding year, as determined and taken from the daily attendance reports of the teachers and other officers of the various cities and counties, and on July 1 of odd years, biennially, the school census, as determined by the scholastic census enumeration; (12) Submit annually to the governor a detailed report of the commissioner's official acts for the year ending June 30 preceding, exhibiting a full statistical account of the receipts and disbursements of the public school funds, the condition and progress of the public schools and making recommendations for improvements of the public school system; (13) Prepare and furnish high school diplomas for graduates of senior, public high schools, approved by the state board of education; (14) (A) Whenever it appears to the commissioner from the report of any school official or from any other reliable source that any portion of the school fund has been lost, misappropriated or in any way illegally disposed of or not collected, or is in danger of loss, misappropriation, illegal disposition or failure of collection, the commissioner may call upon the district attorney general, the county mayor or the county attorney to protect, recover or force collection of the funds; provided, that the governor shall first give approval to such action. This subdivision (c)(14)(A), however, shall not prohibit suits by one political subdivision against another political subdivision in the same county, or against the county, when the consent of the commissioner and the governor has not been obtained. The commissioner, with the consent of the governor and with the approval of the attorney general and reporter, is authorized to employ private legal counsel in order to protect, recover or force collection of any school funds; and (B) The commissioner has authority to send a supervisor or supervisors, as provided for in this section, to any local school system to make investigation of public school accounts, records and files of any official handling the school funds or administering the public school system, and to enforce all school laws and regulations of the commissioner; provided, that the duty of the commissioner shall not be exercised until the local board of education has requested the investigation; (15) [Deleted by 2022 amendment.] (16) Prescribe regulations regarding the display of flags on public school buildings; (17) Require the heads of divisions under the commissioner's direction who handle state funds to give bonds sufficient to cover any liability to the state; (18) Inspect, approve, and classify private schools in accordance with the rules of the state board of education; (19) (A) Prepare and present to the state board of education for its approval, disapproval, or amendment rules that are necessary to implement the policies, standards, or guidelines of the state board or the education laws of the state; (B) In the absence of the state board, the commissioner shall have, if necessary, the emergency rulemaking authority provided for in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; and (C) The commissioner may prepare and promulgate, without board approval, rules that are solely necessary for the internal administrative operation and functions of the department and to implement the TISA in accordance with the Tennessee Investment in Student Achievement Act, compiled in chapter 3, part 1 of this title. With the exception of the rulemaking authority provided in the Tennessee Investment in Student Achievement Act, compiled in chapter 3, part 1 of this title, the department's authority to promulgate rules does not supersede the powers of the state board and may be used only in performance of the commissioner's administrative responsibilities; (20) Conduct, subject to approval of the state board of education, a program of public information concerning public schools, kindergarten through grade twelve (K-12); (21) Approve evaluation plans developed by LEAs; (22) Inspect and approve child care centers operated by church-related schools, as defined by § 49-50-801 , in accordance with the same health, fire and safety standards as are used in inspecting and approving child care centers operated in public schools; (23) Authorize and administer a contract between the department of education and Miss Tennessee regarding safe and drug-free schools, subject to availability of federal funds that may be used for this purpose; and (24) Require each LEA's director of schools to submit to the department of education an annual personnel report.
(1) Employ and supervise the personnel within the department;
(2) Collect and publish, in accordance with the rules, regulations, policies and procedures of the state publications committee, statistics and other information relative to the public school system;
(3) Make tours of inspection and survey among the public schools throughout the state and to direct supervision through the divisions of the department;
(4) Require all teachers to attend county institutes or educational meetings on the date, at the hour and place designated by the county director of schools; provided, that schools shall not be suspended for more than ten (10) days in one (1) year; and provided further, that the place of the meeting shall be in the county where the school is located;
(5) See that the school laws and the regulations of the state board of education are faithfully executed;
(6) Prepare and distribute blank forms for all reports required by law or by the commissioner to be made by teachers, boards of education, directors of schools, county trustees and all other state, county and city officers;
(7) Distribute in electronic format to the local boards of education, at the conclusion of each regular session of the general assembly, copies of newly enacted public chapters pertaining to public education;
(8) Require all state and local public school officers and heads of state educational institutions under the department or the state board of education to submit detailed reports annually; and, in case of emergency, the commissioner may require special reports at any time of any officer connected with the public school system;
(9) Appoint someone to make reports required to be made by the state or local public school officers and heads of state institutions named in this section when such officers fail to make full and accurate reports at the time designated, and to allow the appointee compensation not to exceed five dollars ($5.00) per day for the time actually employed in making the reports for the appointee's service, which shall be paid by the delinquent public school officer or the head of the state educational institution. Upon the refusal of the delinquent officer or head of the state educational institution to pay the compensation, the commissioner shall deduct that amount out of the state supplement to the delinquent officer's or head's salary or compensation and require the county trustee or other custodian of public school funds to withhold that amount out of any salary that may be due the delinquent officer;
(10) Preserve in the commissioner's office all official documents and matters in relation to educational subjects that may come into it;
(11) Report to the comptroller of the treasury, on July 1 of each year, the average daily attendance of the preceding year, as determined and taken from the daily attendance reports of the teachers and other officers of the various cities and counties, and on July 1 of odd years, biennially, the school census, as determined by the scholastic census enumeration;
(12) Submit annually to the governor a detailed report of the commissioner's official acts for the year ending June 30 preceding, exhibiting a full statistical account of the receipts and disbursements of the public school funds, the condition and progress of the public schools and making recommendations for improvements of the public school system;
(13) Prepare and furnish high school diplomas for graduates of senior, public high schools, approved by the state board of education;
(14) (A) Whenever it appears to the commissioner from the report of any school official or from any other reliable source that any portion of the school fund has been lost, misappropriated or in any way illegally disposed of or not collected, or is in danger of loss, misappropriation, illegal disposition or failure of collection, the commissioner may call upon the district attorney general, the county mayor or the county attorney to protect, recover or force collection of the funds; provided, that the governor shall first give approval to such action. This subdivision (c)(14)(A), however, shall not prohibit suits by one political subdivision against another political subdivision in the same county, or against the county, when the consent of the commissioner and the governor has not been obtained. The commissioner, with the consent of the governor and with the approval of the attorney general and reporter, is authorized to employ private legal counsel in order to protect, recover or force collection of any school funds; and (B) The commissioner has authority to send a supervisor or supervisors, as provided for in this section, to any local school system to make investigation of public school accounts, records and files of any official handling the school funds or administering the public school system, and to enforce all school laws and regulations of the commissioner; provided, that the duty of the commissioner shall not be exercised until the local board of education has requested the investigation;
(A) Whenever it appears to the commissioner from the report of any school official or from any other reliable source that any portion of the school fund has been lost, misappropriated or in any way illegally disposed of or not collected, or is in danger of loss, misappropriation, illegal disposition or failure of collection, the commissioner may call upon the district attorney general, the county mayor or the county attorney to protect, recover or force collection of the funds; provided, that the governor shall first give approval to such action. This subdivision (c)(14)(A), however, shall not prohibit suits by one political subdivision against another political subdivision in the same county, or against the county, when the consent of the commissioner and the governor has not been obtained. The commissioner, with the consent of the governor and with the approval of the attorney general and reporter, is authorized to employ private legal counsel in order to protect, recover or force collection of any school funds; and
(B) The commissioner has authority to send a supervisor or supervisors, as provided for in this section, to any local school system to make investigation of public school accounts, records and files of any official handling the school funds or administering the public school system, and to enforce all school laws and regulations of the commissioner; provided, that the duty of the commissioner shall not be exercised until the local board of education has requested the investigation;
(15) [Deleted by 2022 amendment.]
(16) Prescribe regulations regarding the display of flags on public school buildings;
(17) Require the heads of divisions under the commissioner's direction who handle state funds to give bonds sufficient to cover any liability to the state;
(18) Inspect, approve, and classify private schools in accordance with the rules of the state board of education;
(19) (A) Prepare and present to the state board of education for its approval, disapproval, or amendment rules that are necessary to implement the policies, standards, or guidelines of the state board or the education laws of the state; (B) In the absence of the state board, the commissioner shall have, if necessary, the emergency rulemaking authority provided for in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; and (C) The commissioner may prepare and promulgate, without board approval, rules that are solely necessary for the internal administrative operation and functions of the department and to implement the TISA in accordance with the Tennessee Investment in Student Achievement Act, compiled in chapter 3, part 1 of this title. With the exception of the rulemaking authority provided in the Tennessee Investment in Student Achievement Act, compiled in chapter 3, part 1 of this title, the department's authority to promulgate rules does not supersede the powers of the state board and may be used only in performance of the commissioner's administrative responsibilities;
(A) Prepare and present to the state board of education for its approval, disapproval, or amendment rules that are necessary to implement the policies, standards, or guidelines of the state board or the education laws of the state;
(B) In the absence of the state board, the commissioner shall have, if necessary, the emergency rulemaking authority provided for in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; and
(C) The commissioner may prepare and promulgate, without board approval, rules that are solely necessary for the internal administrative operation and functions of the department and to implement the TISA in accordance with the Tennessee Investment in Student Achievement Act, compiled in chapter 3, part 1 of this title. With the exception of the rulemaking authority provided in the Tennessee Investment in Student Achievement Act, compiled in chapter 3, part 1 of this title, the department's authority to promulgate rules does not supersede the powers of the state board and may be used only in performance of the commissioner's administrative responsibilities;
(20) Conduct, subject to approval of the state board of education, a program of public information concerning public schools, kindergarten through grade twelve (K-12);
(21) Approve evaluation plans developed by LEAs;
(22) Inspect and approve child care centers operated by church-related schools, as defined by § 49-50-801 , in accordance with the same health, fire and safety standards as are used in inspecting and approving child care centers operated in public schools;
(23) Authorize and administer a contract between the department of education and Miss Tennessee regarding safe and drug-free schools, subject to availability of federal funds that may be used for this purpose; and
(24) Require each LEA's director of schools to submit to the department of education an annual personnel report.
(d) (1) Upon application by the LEA for one (1) or more of its schools, the commissioner of education may waive any state board rule or statute that inhibits or hinders the LEA's ability to meet its goals or comply with its mission. However, the commissioner may not waive regulatory or statutory requirements related to: (A) Federal and state civil rights; (B) Federal, state and local health and safety; (C) Federal and state public records; (D) Immunizations; (E) Possession of weapons on school grounds; (F) Background checks and fingerprinting of personnel; (G) Federal and state special education services; (H) Student due process; (I) Parental rights; (J) Federal and state student assessment and accountability; (K) Open meetings; (L) Educators' due process rights; (M) Reductions in teachers' salaries; (N) Employee rights, salaries and benefits; and (O) Licensure of employees. (2) No provisions of subdivision (d)(1) shall be construed to impact memoranda of understanding under the Professional Educators Collaborative Conferencing Act of 2011, compiled in chapter 5, part 6 of this title.
(1) Upon application by the LEA for one (1) or more of its schools, the commissioner of education may waive any state board rule or statute that inhibits or hinders the LEA's ability to meet its goals or comply with its mission. However, the commissioner may not waive regulatory or statutory requirements related to: (A) Federal and state civil rights; (B) Federal, state and local health and safety; (C) Federal and state public records; (D) Immunizations; (E) Possession of weapons on school grounds; (F) Background checks and fingerprinting of personnel; (G) Federal and state special education services; (H) Student due process; (I) Parental rights; (J) Federal and state student assessment and accountability; (K) Open meetings; (L) Educators' due process rights; (M) Reductions in teachers' salaries; (N) Employee rights, salaries and benefits; and (O) Licensure of employees.
(A) Federal and state civil rights;
(B) Federal, state and local health and safety;
(C) Federal and state public records;
(D) Immunizations;
(E) Possession of weapons on school grounds;
(F) Background checks and fingerprinting of personnel;
(G) Federal and state special education services;
(H) Student due process;
(I) Parental rights;
(J) Federal and state student assessment and accountability;
(K) Open meetings;
(L) Educators' due process rights;
(M) Reductions in teachers' salaries;
(N) Employee rights, salaries and benefits; and
(O) Licensure of employees.
(2) No provisions of subdivision (d)(1) shall be construed to impact memoranda of understanding under the Professional Educators Collaborative Conferencing Act of 2011, compiled in chapter 5, part 6 of this title.
(e) (1) The commissioner of education, in collaboration with the state-level school safety team established under § 49-6-802 , shall develop guidelines and training for all public school administrators and human resource personnel regarding the prevention of workplace violence. Such guidelines and training shall include outlines and related materials for use in the delivery of in-service training activities for teachers and other school personnel, and to further include materials and training or recognizing and responding to employee alcohol and substance abuse. (2) The commissioner is authorized to direct up to five percent (5%) of the funds appropriated for the Safe Schools Act of 1998, codified in § 49-6-4302(c) , to the Tennessee school safety center for the development and delivery of training materials and guidelines as specified under § 49-6-4302(a) .
(1) The commissioner of education, in collaboration with the state-level school safety team established under § 49-6-802 , shall develop guidelines and training for all public school administrators and human resource personnel regarding the prevention of workplace violence. Such guidelines and training shall include outlines and related materials for use in the delivery of in-service training activities for teachers and other school personnel, and to further include materials and training or recognizing and responding to employee alcohol and substance abuse.
(2) The commissioner is authorized to direct up to five percent (5%) of the funds appropriated for the Safe Schools Act of 1998, codified in § 49-6-4302(c) , to the Tennessee school safety center for the development and delivery of training materials and guidelines as specified under § 49-6-4302(a) .
Amended by 2022 Tenn. Acts, ch. 966, s 32, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 686, s 1, eff. 3/28/2022.
Amended by 2021 Tenn. Acts, ch. 493, Secs.s 2, s 3, s 4 eff. 5/25/2021.
Amended by 2019 Tenn. Acts, ch. 248, Secs.s 1, s 2, s 3 eff. 5/2/2019.
Amended by 2018 Tenn. Acts, ch. 725, s 3, s 4, Sec.s 5, s 6 eff. 4/18/2018.
Amended by 2014 Tenn. Acts, ch. 672, s 1, eff. 4/14/2014.
Acts 1925, ch. 115, § 4; Shan. Supp., § 1487a23; Code 1932, § 2314; Acts 1933, ch. 129, § 1; C. Supp. 1950, § 2314; impl. am. Acts 1951, ch. 58; Acts 1957, ch. 91, §§ 1, 2; 1961, ch. 106, § 1; 1961, ch. 160, § 1; 1963, ch. 13, § 1; 1974, ch. 654, §§ 2-8; T.C.A. (orig. ed.), § 49-105; Acts 1984 (1st Ex. Sess.), ch. 6, § 8; 1984 (1st Ex. Sess.), ch. 7, § 92; 1984, ch. 928, § 1; 1987, ch. 308, § 9; 1989, ch. 132, § 2; 1990, ch. 948, § 22; 1990, ch. 1024, §§ 21, 23; 1992, ch. 535, §§ 56, 58; impl. am. Acts 1996, ch. 1079, § 158; 2002, ch. 727, § 1; 2003 , ch. 88, § 1; 2003 , ch. 90, § 2; 2006, ch. 725, § 1; 2006, ch. 727, § 1; 2008 , ch. 888, § 3; 2008 , ch. 1062, § 9; 2008 , ch. 1102, § 1; 2009 , ch. 566, § 12; 2010 , ch. 1106, § 1; 2011 , ch. 378, § 6.
Tenn. Code Ann. § 49-6-407 — TN Code / Title 49 / Chapter 6 / Section 49-6-407
Uniform grading system
Status: in_force

(a) (1) Each LEA shall adopt and use the uniform grading system developed by the state board of education for students enrolled in grades nine through twelve (9-12). Each LEA must report students' grades using the uniform grading system for the purposes of application for postsecondary financial assistance administered by the Tennessee student assistance corporation. (2) The uniform grading system developed by the state board of education for students enrolled in grades nine through twelve (9-12) must use the following grading scale: (A) A student earns an "A" letter grade if the student scores a percentage of points within the range of ninety (90) to one hundred (100); (B) A student earns a "B" letter grade if the student scores a percentage of points within the range of eighty (80) to eighty-nine (89); (C) A student earns a "C" letter grade if the student scores a percentage of points within the range of seventy (70) to seventy-nine (79); (D) A student earns a "D" letter grade if the student scores a percentage of points within the range of sixty (60) to sixty-nine (69); and (E) A student earns a failing or "F" letter grade if the student scores a percentage of points within the range of zero (0) to fifty-nine (59). (b) (1) The state board of education shall develop a uniform grading system for students enrolled in kindergarten through grade eight (K-8) that LEAs may adopt and implement. (2) Beginning with the 2019-2020 school year, the state board of education shall not modify the uniform grading system for students enrolled in kindergarten through grade eight (K-8) more than once every two (2) years. (c) (1) This section does not prohibit the state board of education or an LEA from developing, adopting, or implementing a grading system for purposes other than reporting students' grades for postsecondary financial assistance under subsection (a). (2) An LEA shall not create a local grading policy or procedure that establishes a minimum grade above zero (0) that a student may earn for coursework. Amended by 2024 Tenn. Acts, ch. 1005,s 2, eff. 5/28/2024. Amended by 2022 Tenn. Acts, ch. 1080, s 1, eff. 7/1/2022. Amended by 2019 Tenn. Acts, ch. 414, Secs.s 1, s 2 eff. 5/21/2019. Amended by 2019 Tenn. Acts, ch. 248, s 56, eff. 5/2/2019. Amended by 2018 Tenn. Acts, ch. 920, s 1, eff. 7/1/2018. Amended by 2016 Tenn. Acts, ch. 957, s 1, eff. 4/27/2016. Amended by 2014 Tenn. Acts, ch. 723, s 1, eff. 7/1/2014. Acts 2004, ch. 679, § 2.
(a) (1) Each LEA shall adopt and use the uniform grading system developed by the state board of education for students enrolled in grades nine through twelve (9-12). Each LEA must report students' grades using the uniform grading system for the purposes of application for postsecondary financial assistance administered by the Tennessee student assistance corporation. (2) The uniform grading system developed by the state board of education for students enrolled in grades nine through twelve (9-12) must use the following grading scale: (A) A student earns an "A" letter grade if the student scores a percentage of points within the range of ninety (90) to one hundred (100); (B) A student earns a "B" letter grade if the student scores a percentage of points within the range of eighty (80) to eighty-nine (89); (C) A student earns a "C" letter grade if the student scores a percentage of points within the range of seventy (70) to seventy-nine (79); (D) A student earns a "D" letter grade if the student scores a percentage of points within the range of sixty (60) to sixty-nine (69); and (E) A student earns a failing or "F" letter grade if the student scores a percentage of points within the range of zero (0) to fifty-nine (59).
(1) Each LEA shall adopt and use the uniform grading system developed by the state board of education for students enrolled in grades nine through twelve (9-12). Each LEA must report students' grades using the uniform grading system for the purposes of application for postsecondary financial assistance administered by the Tennessee student assistance corporation.
(2) The uniform grading system developed by the state board of education for students enrolled in grades nine through twelve (9-12) must use the following grading scale: (A) A student earns an "A" letter grade if the student scores a percentage of points within the range of ninety (90) to one hundred (100); (B) A student earns a "B" letter grade if the student scores a percentage of points within the range of eighty (80) to eighty-nine (89); (C) A student earns a "C" letter grade if the student scores a percentage of points within the range of seventy (70) to seventy-nine (79); (D) A student earns a "D" letter grade if the student scores a percentage of points within the range of sixty (60) to sixty-nine (69); and (E) A student earns a failing or "F" letter grade if the student scores a percentage of points within the range of zero (0) to fifty-nine (59).
(A) A student earns an "A" letter grade if the student scores a percentage of points within the range of ninety (90) to one hundred (100);
(B) A student earns a "B" letter grade if the student scores a percentage of points within the range of eighty (80) to eighty-nine (89);
(C) A student earns a "C" letter grade if the student scores a percentage of points within the range of seventy (70) to seventy-nine (79);
(D) A student earns a "D" letter grade if the student scores a percentage of points within the range of sixty (60) to sixty-nine (69); and
(E) A student earns a failing or "F" letter grade if the student scores a percentage of points within the range of zero (0) to fifty-nine (59).
(b) (1) The state board of education shall develop a uniform grading system for students enrolled in kindergarten through grade eight (K-8) that LEAs may adopt and implement. (2) Beginning with the 2019-2020 school year, the state board of education shall not modify the uniform grading system for students enrolled in kindergarten through grade eight (K-8) more than once every two (2) years.
(1) The state board of education shall develop a uniform grading system for students enrolled in kindergarten through grade eight (K-8) that LEAs may adopt and implement.
(2) Beginning with the 2019-2020 school year, the state board of education shall not modify the uniform grading system for students enrolled in kindergarten through grade eight (K-8) more than once every two (2) years.
(c) (1) This section does not prohibit the state board of education or an LEA from developing, adopting, or implementing a grading system for purposes other than reporting students' grades for postsecondary financial assistance under subsection (a). (2) An LEA shall not create a local grading policy or procedure that establishes a minimum grade above zero (0) that a student may earn for coursework.
(1) This section does not prohibit the state board of education or an LEA from developing, adopting, or implementing a grading system for purposes other than reporting students' grades for postsecondary financial assistance under subsection (a).
(2) An LEA shall not create a local grading policy or procedure that establishes a minimum grade above zero (0) that a student may earn for coursework.
Amended by 2024 Tenn. Acts, ch. 1005,s 2, eff. 5/28/2024.
Amended by 2022 Tenn. Acts, ch. 1080, s 1, eff. 7/1/2022.
Amended by 2019 Tenn. Acts, ch. 414, Secs.s 1, s 2 eff. 5/21/2019.
Amended by 2019 Tenn. Acts, ch. 248, s 56, eff. 5/2/2019.
Amended by 2018 Tenn. Acts, ch. 920, s 1, eff. 7/1/2018.
Amended by 2016 Tenn. Acts, ch. 957, s 1, eff. 4/27/2016.
Amended by 2014 Tenn. Acts, ch. 723, s 1, eff. 7/1/2014.
Acts 2004, ch. 679, § 2.
Tenn. Code Ann. § 49-6-8001 — TN Code / Title 49 / Chapter 6 / Section 49-6-8001
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee School Employee Religious Liberty Act of 1999." Acts 1999, ch. 334, § 1.
This part shall be known and may be cited as the "Tennessee School Employee Religious Liberty Act of 1999."
Acts 1999, ch. 334, § 1.
Tenn. Code Ann. § 49-1-908 — TN Code / Title 49 / Chapter 1 / Section 49-1-908
Reporting requirement regarding analysis of literacy, literacy instruction and affordability of educator preparation providers
Status: in_force

(a) By July 1, 2024, the department, in partnership with the state board and the Tennessee higher education commission, must provide a report to the chairs of the education committees of the senate and the house of representatives regarding the implementation of chapter 3 of the Public Acts of 2021 (1st Ex. Sess.). (b) (1) By December 31, 2021, for purposes of consolidating existing information for the general assembly, the department must conduct the following review: (A) A landscape analysis of literacy in this state, including current practices, student achievement, instructional programming for students, and remediation services; (B) A landscape analysis of literacy instruction, including instructional programming and pedagogical practices utilized by educator preparation providers; and (C) A joint analysis, with the Tennessee higher education commission, regarding the affordability of educator preparation providers, including tuition affordability and net-tuition affordability for future educators and costs relative to educator preparation providers in other states; student loan and debt burdens of educator preparation provider graduates; financial barriers that may prevent postsecondary students and career changers from pursuing teaching as a profession; and the ability to reduce the costs of obtaining educator preparation and credentials. (2) Educator preparation providers approved by the state board must participate in the review. (3) By March 1, 2022, the results of the review must be reported to the state board and the chairs of the education committees of the senate and the house of representatives and posted on the department's website. (4) In conducting the review, all student information must be maintained in accordance with the Family Educational Rights and Privacy Act (FERPA) ( 20 U.S.C. § 1232g ), § 10-7-504 , and all other applicable state and federal privacy laws. Added by 2021EX1 Tenn. Acts, ch. 3, s 3, eff. 2/3/2021.
(a) By July 1, 2024, the department, in partnership with the state board and the Tennessee higher education commission, must provide a report to the chairs of the education committees of the senate and the house of representatives regarding the implementation of chapter 3 of the Public Acts of 2021 (1st Ex. Sess.).
(b) (1) By December 31, 2021, for purposes of consolidating existing information for the general assembly, the department must conduct the following review: (A) A landscape analysis of literacy in this state, including current practices, student achievement, instructional programming for students, and remediation services; (B) A landscape analysis of literacy instruction, including instructional programming and pedagogical practices utilized by educator preparation providers; and (C) A joint analysis, with the Tennessee higher education commission, regarding the affordability of educator preparation providers, including tuition affordability and net-tuition affordability for future educators and costs relative to educator preparation providers in other states; student loan and debt burdens of educator preparation provider graduates; financial barriers that may prevent postsecondary students and career changers from pursuing teaching as a profession; and the ability to reduce the costs of obtaining educator preparation and credentials. (2) Educator preparation providers approved by the state board must participate in the review. (3) By March 1, 2022, the results of the review must be reported to the state board and the chairs of the education committees of the senate and the house of representatives and posted on the department's website. (4) In conducting the review, all student information must be maintained in accordance with the Family Educational Rights and Privacy Act (FERPA) ( 20 U.S.C. § 1232g ), § 10-7-504 , and all other applicable state and federal privacy laws.
(1) By December 31, 2021, for purposes of consolidating existing information for the general assembly, the department must conduct the following review: (A) A landscape analysis of literacy in this state, including current practices, student achievement, instructional programming for students, and remediation services; (B) A landscape analysis of literacy instruction, including instructional programming and pedagogical practices utilized by educator preparation providers; and (C) A joint analysis, with the Tennessee higher education commission, regarding the affordability of educator preparation providers, including tuition affordability and net-tuition affordability for future educators and costs relative to educator preparation providers in other states; student loan and debt burdens of educator preparation provider graduates; financial barriers that may prevent postsecondary students and career changers from pursuing teaching as a profession; and the ability to reduce the costs of obtaining educator preparation and credentials.
(A) A landscape analysis of literacy in this state, including current practices, student achievement, instructional programming for students, and remediation services;
(B) A landscape analysis of literacy instruction, including instructional programming and pedagogical practices utilized by educator preparation providers; and
(C) A joint analysis, with the Tennessee higher education commission, regarding the affordability of educator preparation providers, including tuition affordability and net-tuition affordability for future educators and costs relative to educator preparation providers in other states; student loan and debt burdens of educator preparation provider graduates; financial barriers that may prevent postsecondary students and career changers from pursuing teaching as a profession; and the ability to reduce the costs of obtaining educator preparation and credentials.
(2) Educator preparation providers approved by the state board must participate in the review.
(3) By March 1, 2022, the results of the review must be reported to the state board and the chairs of the education committees of the senate and the house of representatives and posted on the department's website.
(4) In conducting the review, all student information must be maintained in accordance with the Family Educational Rights and Privacy Act (FERPA) ( 20 U.S.C. § 1232g ), § 10-7-504 , and all other applicable state and federal privacy laws.
Added by 2021EX1 Tenn. Acts, ch. 3, s 3, eff. 2/3/2021.
Tenn. Code Ann. § 49-1-905 — TN Code / Title 49 / Chapter 1 / Section 49-1-905
Foundational literacy skills for students kindergarten to grade three (K-3)
Status: in_force

(a) Each LEA and public charter school shall provide: (1) Foundational literacy skills instruction to students in kindergarten through grade three (K-3). Foundational literacy skills instruction must be the LEA's primary form of instructional programming in English language arts; and (2) Reading interventions and supports designed to improve a student's foundational literacy skills to each student identified as having a significant reading deficiency. An LEA or public charter school may comply with this subdivision (a)(2) by providing the interventions identified in Tennessee's response to instruction and intervention (RTI 2 ) framework manual. (b) (1) To ensure that all textbooks and instructional materials used to teach students to read are based on foundational literacy skills instruction, each LEA and public charter school shall adopt and use English language arts textbooks and instructional materials from the list approved for adoption by the state board pursuant to § 49-6-2202 , unless a waiver is granted to the LEA or public charter school pursuant to § 49-6-2206 . (2) LEAs and public charter schools using English language arts textbooks or instructional materials from the list approved for adoption by the state board in 2019, or that received a waiver pursuant to § 49-6-2206 to use English language arts textbooks or instructional materials that were not included on the list approved for adoption in 2019, are not required to adopt or purchase additional English language arts textbooks or instructional materials to comply with subdivision (b)(1). (3) Notwithstanding subdivision (b)(2), all English language arts textbooks and instructional materials must be aligned to Tennessee's academic standards no later than January 1, 2023. The office of the comptroller of the treasury shall conduct a review of the English language arts textbooks and instructional materials adopted for use by each LEA and public charter school to ensure compliance with this subdivision (b)(3). The comptroller, or the comptroller's designee, shall submit a report detailing the findings of the review to the education committees of the senate and house of representatives no later than May 1, 2023. (4) Each LEA and public charter school shall annually provide approved educator preparation providers with a list of the English language arts textbooks and instructional materials adopted by the LEA or public charter school to ensure that the instruction provided by educator preparation providers is aligned with the English language arts instruction provided to students by LEAs and public charter schools. (c) (1) Each LEA and public charter school shall annually administer a universal reading screener to each student in kindergarten through grade three (K-3) during each of the three (3) administration windows established by the department. (2) An LEA or public charter school may choose to administer: (A) The Tennessee universal reading screener provided by the department or a universal reading screener approved by the state board to comply with subdivision (c)(1); and (B) A universal reading screener to pre-kindergarten students. (3) The department shall provide the Tennessee universal reading screener at no cost to LEAs or public charter schools. The Tennessee universal reading screener: (A) Must be appropriate for students in pre-kindergarten through grade three (pre-K-3); and (B) May be used by LEAs and public charter schools to comply with the dyslexia screening requirements established in § 49-1-229 and with the universal screening requirements established in Tennessee's RTI 2 framework manual. (4) The department shall determine the reading proficiency level scores required for the Tennessee universal reading screener and each universal reading screener approved by the state board. (5) The results of universal reading screeners administered to students shall not be used to assign accountability determinations for an LEA or school. (6) Each LEA and public charter school shall submit the results of each universal reading screener administered to students to the department. All student information must be maintained in accordance with the Family Educational Rights and Privacy Act (FERPA) ( 20 U.S.C. § 1232g ), § 10-7-504 , and all other applicable state and federal privacy laws. (d) Immediately upon determining that a student in kindergarten through grade three (K-3) has a significant reading deficiency, based on the results of the universal reading screener most recently administered to the student, the LEA or public charter school shall notify the student's parent in writing that the student has been identified to have a significant reading deficiency, and shall provide the student's parent with: (1) Information about the importance of a student being able to read proficiently at the end of the third-grade level; (2) Reading intervention activities that the parent may use with the parent's student at home to improve reading proficiency; (3) Information about the specific reading interventions and supports that the LEA or public charter school recommends for the student, which may include the interventions provided by the LEA or public charter school pursuant to Tennessee's RTI 2 framework manual; and (4) Information about mandatory retention under § 49-6-3115(a)(1) for students in grade three (3) with an achievement level of "approaching" or "below" on the ELA portion of the student's most recent TCAP test. (e) An LEA or public charter school shall provide at least one (1) home literacy report: (1) After each administration of a universal reading screener to a student in any of the grades kindergarten through three (K-3) identified as having a significant reading deficiency; and (2) Each school year for a student in grade four (4) or five (5) identified as having a significant reading deficiency. (f) To demonstrate the effective implementation of foundational literacy skills instruction under this section, each LEA and public charter school shall develop, and submit to the department for approval, a foundational literacy skills plan for students in kindergarten through grade five (K-5). LEAs and public charter schools have flexibility and autonomy in developing a foundational literacy skills plan, but each foundational literacy skills plan must include, at a minimum: (1) The amount of daily time devoted to foundational literacy skills instruction and a description of how the instructional time is utilized; (2) The English language arts textbooks and instructional materials adopted by the LEA or public charter school pursuant to subsection (b); (3) The universal reading screener selected by the LEA or public charter school for administration to students to comply with subsection (c); (4) A description of the reading interventions and supports available to students with a significant reading deficiency for purposes of subdivision (d)(3); (5) How the LEA or public charter school intends to notify and engage parents in the parent's student's literacy progress pursuant to subsections (d) and (e); and (6) How the LEA or public charter school will provide professional development in foundational literacy skills instruction to teachers in any of the grades kindergarten through five (K-5). (g) (1) No later than June 1, 2021, each LEA and public charter school shall submit a foundational literacy skills plan to the department for approval. Each LEA and public charter school shall submit a revised foundational literacy skills plan to the department for approval no later than July 1, 2024, and triennially thereafter. (2) Notwithstanding subdivision (g)(1), an LEA or public charter school shall not be required to submit a revised foundational literacy skills plan if, on the date on which the foundational literacy skills plan or the revised foundational literacy skills plan is due under subdivision (g)(1), the LEA's or public charter school's Tennessee Value-Added Assessment System (TVAAS) data meets the following criteria: (A) The LEA's or public charter school's district-wide student growth data for fourth grade English language arts for the two (2) Tennessee comprehensive assessment program (TCAP) test administrations immediately preceding the date on which the foundational literacy skills plan or the revised foundational literacy skills plan is due under subdivision (g)(1) reflects an attainment level of "above expectations" or "significantly above expectations"; and (B) The LEA's or public charter school's student growth data for each individual student subgroup, as defined in Tennessee's Every Student Succeeds Act (ESSA) plan established pursuant to the Every Student Succeeds Act ( 20 U.S.C. § 6301 et seq.) and § 49-1-602 , for fourth grade English language arts for the two (2) TCAP test administrations immediately preceding the date on which the foundational literacy skills plan or the revised foundational literacy skills plan is due under subdivision (g)(1) reflects an attainment level of "above expectations" or "significantly above expectations." (3) Notwithstanding subdivision (g)(1), the department may require an LEA or public charter school to submit a revised foundational literacy skills plan more frequently than once every three (3) years if the LEA's or public charter school's TVAAS data meets the following criteria: (A) The LEA's or public charter school's student growth data for any school in the district, or any set of schools in the district, as determined by the department, for fourth grade English language arts for the two (2) TCAP test administrations immediately preceding the date on which the foundational literacy skills plan or the revised foundational literacy skills plan is due under subdivision (g)(1) reflects an attainment level of a "significantly below expectations"; or (B) The LEA's or public charter school's student growth data for each individual student subgroup, as defined in Tennessee's ESSA plan established pursuant to the Every Student Succeeds Act ( 20 U.S.C. § 6301 et seq.) and § 49-1-602 , for fourth grade English language arts for the two (2) TCAP test administrations immediately preceding the date on which the foundational literacy skills plan or the revised foundational literacy skills plan is due under subdivision (g)(1) reflects an attainment level of "below expectations" or "significantly below expectations." (4) (A) Each LEA and public charter school shall post the LEA's or public charter school's department-approved foundational literacy skills plan on the LEA's or public charter school's website. (B) The department shall post the foundational literacy skills plan approved for each LEA and public charter school on the department's website. (5) (A) The state board, in consultation with the department, shall promulgate rules to establish additional guidelines and requirements for foundational literacy skills plans, consistent with this subsection (g). The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (B) The state board, in consultation with the department, may promulgate emergency rules to establish additional guidelines and requirements for foundational literacy skills plans, consistent with this subsection (g), for the 2021-2022 school year. The state board shall submit any emergency rules promulgated pursuant to this subdivision (g)(5)(B) to the chair of the government operations committees of the senate and house of representatives at least twenty-four (24) hours prior to filing the rules with the secretary of state. (6) The office of the comptroller of the treasury shall conduct a review of the foundational literacy skills plans submitted to the department for approval to ensure the plans comply with the requirements of subsection (f) and the rules promulgated by the state board. The comptroller, or the comptroller's designee, shall submit a report detailing the findings of the review, including, but not limited to, whether plans were initially approved or denied by the department, and the nature of any plan revisions or amendments required by the department for approval, to the chairs of the education committees of the senate and house of representatives no later than November 1, 2021, and by each November 1 thereafter. (h) An LEA or public charter school shall not use instructional materials created to align with common core academic standards in implementing the requirements of this section. Amended by 2022 Tenn. Acts, ch. 974, s 3, eff. 5/3/2022. Amended by 2021 Tenn. Acts, ch. 367, s 2, eff. 7/1/2022. Added by 2021EX1 Tenn. Acts, ch. 3, s 3, eff. 2/3/2021.
(a) Each LEA and public charter school shall provide: (1) Foundational literacy skills instruction to students in kindergarten through grade three (K-3). Foundational literacy skills instruction must be the LEA's primary form of instructional programming in English language arts; and (2) Reading interventions and supports designed to improve a student's foundational literacy skills to each student identified as having a significant reading deficiency. An LEA or public charter school may comply with this subdivision (a)(2) by providing the interventions identified in Tennessee's response to instruction and intervention (RTI 2 ) framework manual.
(1) Foundational literacy skills instruction to students in kindergarten through grade three (K-3). Foundational literacy skills instruction must be the LEA's primary form of instructional programming in English language arts; and
(2) Reading interventions and supports designed to improve a student's foundational literacy skills to each student identified as having a significant reading deficiency. An LEA or public charter school may comply with this subdivision (a)(2) by providing the interventions identified in Tennessee's response to instruction and intervention (RTI 2 ) framework manual.
(b) (1) To ensure that all textbooks and instructional materials used to teach students to read are based on foundational literacy skills instruction, each LEA and public charter school shall adopt and use English language arts textbooks and instructional materials from the list approved for adoption by the state board pursuant to § 49-6-2202 , unless a waiver is granted to the LEA or public charter school pursuant to § 49-6-2206 . (2) LEAs and public charter schools using English language arts textbooks or instructional materials from the list approved for adoption by the state board in 2019, or that received a waiver pursuant to § 49-6-2206 to use English language arts textbooks or instructional materials that were not included on the list approved for adoption in 2019, are not required to adopt or purchase additional English language arts textbooks or instructional materials to comply with subdivision (b)(1). (3) Notwithstanding subdivision (b)(2), all English language arts textbooks and instructional materials must be aligned to Tennessee's academic standards no later than January 1, 2023. The office of the comptroller of the treasury shall conduct a review of the English language arts textbooks and instructional materials adopted for use by each LEA and public charter school to ensure compliance with this subdivision (b)(3). The comptroller, or the comptroller's designee, shall submit a report detailing the findings of the review to the education committees of the senate and house of representatives no later than May 1, 2023. (4) Each LEA and public charter school shall annually provide approved educator preparation providers with a list of the English language arts textbooks and instructional materials adopted by the LEA or public charter school to ensure that the instruction provided by educator preparation providers is aligned with the English language arts instruction provided to students by LEAs and public charter schools.
(1) To ensure that all textbooks and instructional materials used to teach students to read are based on foundational literacy skills instruction, each LEA and public charter school shall adopt and use English language arts textbooks and instructional materials from the list approved for adoption by the state board pursuant to § 49-6-2202 , unless a waiver is granted to the LEA or public charter school pursuant to § 49-6-2206 .
(2) LEAs and public charter schools using English language arts textbooks or instructional materials from the list approved for adoption by the state board in 2019, or that received a waiver pursuant to § 49-6-2206 to use English language arts textbooks or instructional materials that were not included on the list approved for adoption in 2019, are not required to adopt or purchase additional English language arts textbooks or instructional materials to comply with subdivision (b)(1).
(3) Notwithstanding subdivision (b)(2), all English language arts textbooks and instructional materials must be aligned to Tennessee's academic standards no later than January 1, 2023. The office of the comptroller of the treasury shall conduct a review of the English language arts textbooks and instructional materials adopted for use by each LEA and public charter school to ensure compliance with this subdivision (b)(3). The comptroller, or the comptroller's designee, shall submit a report detailing the findings of the review to the education committees of the senate and house of representatives no later than May 1, 2023.
(4) Each LEA and public charter school shall annually provide approved educator preparation providers with a list of the English language arts textbooks and instructional materials adopted by the LEA or public charter school to ensure that the instruction provided by educator preparation providers is aligned with the English language arts instruction provided to students by LEAs and public charter schools.
(c) (1) Each LEA and public charter school shall annually administer a universal reading screener to each student in kindergarten through grade three (K-3) during each of the three (3) administration windows established by the department. (2) An LEA or public charter school may choose to administer: (A) The Tennessee universal reading screener provided by the department or a universal reading screener approved by the state board to comply with subdivision (c)(1); and (B) A universal reading screener to pre-kindergarten students. (3) The department shall provide the Tennessee universal reading screener at no cost to LEAs or public charter schools. The Tennessee universal reading screener: (A) Must be appropriate for students in pre-kindergarten through grade three (pre-K-3); and (B) May be used by LEAs and public charter schools to comply with the dyslexia screening requirements established in § 49-1-229 and with the universal screening requirements established in Tennessee's RTI 2 framework manual. (4) The department shall determine the reading proficiency level scores required for the Tennessee universal reading screener and each universal reading screener approved by the state board. (5) The results of universal reading screeners administered to students shall not be used to assign accountability determinations for an LEA or school. (6) Each LEA and public charter school shall submit the results of each universal reading screener administered to students to the department. All student information must be maintained in accordance with the Family Educational Rights and Privacy Act (FERPA) ( 20 U.S.C. § 1232g ), § 10-7-504 , and all other applicable state and federal privacy laws.
(1) Each LEA and public charter school shall annually administer a universal reading screener to each student in kindergarten through grade three (K-3) during each of the three (3) administration windows established by the department.
(2) An LEA or public charter school may choose to administer: (A) The Tennessee universal reading screener provided by the department or a universal reading screener approved by the state board to comply with subdivision (c)(1); and (B) A universal reading screener to pre-kindergarten students.
(A) The Tennessee universal reading screener provided by the department or a universal reading screener approved by the state board to comply with subdivision (c)(1); and
(B) A universal reading screener to pre-kindergarten students.
(3) The department shall provide the Tennessee universal reading screener at no cost to LEAs or public charter schools. The Tennessee universal reading screener: (A) Must be appropriate for students in pre-kindergarten through grade three (pre-K-3); and (B) May be used by LEAs and public charter schools to comply with the dyslexia screening requirements established in § 49-1-229 and with the universal screening requirements established in Tennessee's RTI 2 framework manual.
(A) Must be appropriate for students in pre-kindergarten through grade three (pre-K-3); and
(B) May be used by LEAs and public charter schools to comply with the dyslexia screening requirements established in § 49-1-229 and with the universal screening requirements established in Tennessee's RTI 2 framework manual.
(4) The department shall determine the reading proficiency level scores required for the Tennessee universal reading screener and each universal reading screener approved by the state board.
(5) The results of universal reading screeners administered to students shall not be used to assign accountability determinations for an LEA or school.
(6) Each LEA and public charter school shall submit the results of each universal reading screener administered to students to the department. All student information must be maintained in accordance with the Family Educational Rights and Privacy Act (FERPA) ( 20 U.S.C. § 1232g ), § 10-7-504 , and all other applicable state and federal privacy laws.
(d) Immediately upon determining that a student in kindergarten through grade three (K-3) has a significant reading deficiency, based on the results of the universal reading screener most recently administered to the student, the LEA or public charter school shall notify the student's parent in writing that the student has been identified to have a significant reading deficiency, and shall provide the student's parent with: (1) Information about the importance of a student being able to read proficiently at the end of the third-grade level; (2) Reading intervention activities that the parent may use with the parent's student at home to improve reading proficiency; (3) Information about the specific reading interventions and supports that the LEA or public charter school recommends for the student, which may include the interventions provided by the LEA or public charter school pursuant to Tennessee's RTI 2 framework manual; and (4) Information about mandatory retention under § 49-6-3115(a)(1) for students in grade three (3) with an achievement level of "approaching" or "below" on the ELA portion of the student's most recent TCAP test.
(1) Information about the importance of a student being able to read proficiently at the end of the third-grade level;
(2) Reading intervention activities that the parent may use with the parent's student at home to improve reading proficiency;
(3) Information about the specific reading interventions and supports that the LEA or public charter school recommends for the student, which may include the interventions provided by the LEA or public charter school pursuant to Tennessee's RTI 2 framework manual; and
(4) Information about mandatory retention under § 49-6-3115(a)(1) for students in grade three (3) with an achievement level of "approaching" or "below" on the ELA portion of the student's most recent TCAP test.
(e) An LEA or public charter school shall provide at least one (1) home literacy report: (1) After each administration of a universal reading screener to a student in any of the grades kindergarten through three (K-3) identified as having a significant reading deficiency; and (2) Each school year for a student in grade four (4) or five (5) identified as having a significant reading deficiency.
(1) After each administration of a universal reading screener to a student in any of the grades kindergarten through three (K-3) identified as having a significant reading deficiency; and
(2) Each school year for a student in grade four (4) or five (5) identified as having a significant reading deficiency.
(f) To demonstrate the effective implementation of foundational literacy skills instruction under this section, each LEA and public charter school shall develop, and submit to the department for approval, a foundational literacy skills plan for students in kindergarten through grade five (K-5). LEAs and public charter schools have flexibility and autonomy in developing a foundational literacy skills plan, but each foundational literacy skills plan must include, at a minimum: (1) The amount of daily time devoted to foundational literacy skills instruction and a description of how the instructional time is utilized; (2) The English language arts textbooks and instructional materials adopted by the LEA or public charter school pursuant to subsection (b); (3) The universal reading screener selected by the LEA or public charter school for administration to students to comply with subsection (c); (4) A description of the reading interventions and supports available to students with a significant reading deficiency for purposes of subdivision (d)(3); (5) How the LEA or public charter school intends to notify and engage parents in the parent's student's literacy progress pursuant to subsections (d) and (e); and (6) How the LEA or public charter school will provide professional development in foundational literacy skills instruction to teachers in any of the grades kindergarten through five (K-5).
(1) The amount of daily time devoted to foundational literacy skills instruction and a description of how the instructional time is utilized;
(2) The English language arts textbooks and instructional materials adopted by the LEA or public charter school pursuant to subsection (b);
(3) The universal reading screener selected by the LEA or public charter school for administration to students to comply with subsection (c);
(4) A description of the reading interventions and supports available to students with a significant reading deficiency for purposes of subdivision (d)(3);
(5) How the LEA or public charter school intends to notify and engage parents in the parent's student's literacy progress pursuant to subsections (d) and (e); and
(6) How the LEA or public charter school will provide professional development in foundational literacy skills instruction to teachers in any of the grades kindergarten through five (K-5).
(g) (1) No later than June 1, 2021, each LEA and public charter school shall submit a foundational literacy skills plan to the department for approval. Each LEA and public charter school shall submit a revised foundational literacy skills plan to the department for approval no later than July 1, 2024, and triennially thereafter. (2) Notwithstanding subdivision (g)(1), an LEA or public charter school shall not be required to submit a revised foundational literacy skills plan if, on the date on which the foundational literacy skills plan or the revised foundational literacy skills plan is due under subdivision (g)(1), the LEA's or public charter school's Tennessee Value-Added Assessment System (TVAAS) data meets the following criteria: (A) The LEA's or public charter school's district-wide student growth data for fourth grade English language arts for the two (2) Tennessee comprehensive assessment program (TCAP) test administrations immediately preceding the date on which the foundational literacy skills plan or the revised foundational literacy skills plan is due under subdivision (g)(1) reflects an attainment level of "above expectations" or "significantly above expectations"; and (B) The LEA's or public charter school's student growth data for each individual student subgroup, as defined in Tennessee's Every Student Succeeds Act (ESSA) plan established pursuant to the Every Student Succeeds Act ( 20 U.S.C. § 6301 et seq.) and § 49-1-602 , for fourth grade English language arts for the two (2) TCAP test administrations immediately preceding the date on which the foundational literacy skills plan or the revised foundational literacy skills plan is due under subdivision (g)(1) reflects an attainment level of "above expectations" or "significantly above expectations." (3) Notwithstanding subdivision (g)(1), the department may require an LEA or public charter school to submit a revised foundational literacy skills plan more frequently than once every three (3) years if the LEA's or public charter school's TVAAS data meets the following criteria: (A) The LEA's or public charter school's student growth data for any school in the district, or any set of schools in the district, as determined by the department, for fourth grade English language arts for the two (2) TCAP test administrations immediately preceding the date on which the foundational literacy skills plan or the revised foundational literacy skills plan is due under subdivision (g)(1) reflects an attainment level of a "significantly below expectations"; or (B) The LEA's or public charter school's student growth data for each individual student subgroup, as defined in Tennessee's ESSA plan established pursuant to the Every Student Succeeds Act ( 20 U.S.C. § 6301 et seq.) and § 49-1-602 , for fourth grade English language arts for the two (2) TCAP test administrations immediately preceding the date on which the foundational literacy skills plan or the revised foundational literacy skills plan is due under subdivision (g)(1) reflects an attainment level of "below expectations" or "significantly below expectations." (4) (A) Each LEA and public charter school shall post the LEA's or public charter school's department-approved foundational literacy skills plan on the LEA's or public charter school's website. (B) The department shall post the foundational literacy skills plan approved for each LEA and public charter school on the department's website. (5) (A) The state board, in consultation with the department, shall promulgate rules to establish additional guidelines and requirements for foundational literacy skills plans, consistent with this subsection (g). The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (B) The state board, in consultation with the department, may promulgate emergency rules to establish additional guidelines and requirements for foundational literacy skills plans, consistent with this subsection (g), for the 2021-2022 school year. The state board shall submit any emergency rules promulgated pursuant to this subdivision (g)(5)(B) to the chair of the government operations committees of the senate and house of representatives at least twenty-four (24) hours prior to filing the rules with the secretary of state. (6) The office of the comptroller of the treasury shall conduct a review of the foundational literacy skills plans submitted to the department for approval to ensure the plans comply with the requirements of subsection (f) and the rules promulgated by the state board. The comptroller, or the comptroller's designee, shall submit a report detailing the findings of the review, including, but not limited to, whether plans were initially approved or denied by the department, and the nature of any plan revisions or amendments required by the department for approval, to the chairs of the education committees of the senate and house of representatives no later than November 1, 2021, and by each November 1 thereafter.
(1) No later than June 1, 2021, each LEA and public charter school shall submit a foundational literacy skills plan to the department for approval. Each LEA and public charter school shall submit a revised foundational literacy skills plan to the department for approval no later than July 1, 2024, and triennially thereafter.
(2) Notwithstanding subdivision (g)(1), an LEA or public charter school shall not be required to submit a revised foundational literacy skills plan if, on the date on which the foundational literacy skills plan or the revised foundational literacy skills plan is due under subdivision (g)(1), the LEA's or public charter school's Tennessee Value-Added Assessment System (TVAAS) data meets the following criteria: (A) The LEA's or public charter school's district-wide student growth data for fourth grade English language arts for the two (2) Tennessee comprehensive assessment program (TCAP) test administrations immediately preceding the date on which the foundational literacy skills plan or the revised foundational literacy skills plan is due under subdivision (g)(1) reflects an attainment level of "above expectations" or "significantly above expectations"; and (B) The LEA's or public charter school's student growth data for each individual student subgroup, as defined in Tennessee's Every Student Succeeds Act (ESSA) plan established pursuant to the Every Student Succeeds Act ( 20 U.S.C. § 6301 et seq.) and § 49-1-602 , for fourth grade English language arts for the two (2) TCAP test administrations immediately preceding the date on which the foundational literacy skills plan or the revised foundational literacy skills plan is due under subdivision (g)(1) reflects an attainment level of "above expectations" or "significantly above expectations."
(A) The LEA's or public charter school's district-wide student growth data for fourth grade English language arts for the two (2) Tennessee comprehensive assessment program (TCAP) test administrations immediately preceding the date on which the foundational literacy skills plan or the revised foundational literacy skills plan is due under subdivision (g)(1) reflects an attainment level of "above expectations" or "significantly above expectations"; and
(B) The LEA's or public charter school's student growth data for each individual student subgroup, as defined in Tennessee's Every Student Succeeds Act (ESSA) plan established pursuant to the Every Student Succeeds Act ( 20 U.S.C. § 6301 et seq.) and § 49-1-602 , for fourth grade English language arts for the two (2) TCAP test administrations immediately preceding the date on which the foundational literacy skills plan or the revised foundational literacy skills plan is due under subdivision (g)(1) reflects an attainment level of "above expectations" or "significantly above expectations."
(3) Notwithstanding subdivision (g)(1), the department may require an LEA or public charter school to submit a revised foundational literacy skills plan more frequently than once every three (3) years if the LEA's or public charter school's TVAAS data meets the following criteria: (A) The LEA's or public charter school's student growth data for any school in the district, or any set of schools in the district, as determined by the department, for fourth grade English language arts for the two (2) TCAP test administrations immediately preceding the date on which the foundational literacy skills plan or the revised foundational literacy skills plan is due under subdivision (g)(1) reflects an attainment level of a "significantly below expectations"; or (B) The LEA's or public charter school's student growth data for each individual student subgroup, as defined in Tennessee's ESSA plan established pursuant to the Every Student Succeeds Act ( 20 U.S.C. § 6301 et seq.) and § 49-1-602 , for fourth grade English language arts for the two (2) TCAP test administrations immediately preceding the date on which the foundational literacy skills plan or the revised foundational literacy skills plan is due under subdivision (g)(1) reflects an attainment level of "below expectations" or "significantly below expectations."
(A) The LEA's or public charter school's student growth data for any school in the district, or any set of schools in the district, as determined by the department, for fourth grade English language arts for the two (2) TCAP test administrations immediately preceding the date on which the foundational literacy skills plan or the revised foundational literacy skills plan is due under subdivision (g)(1) reflects an attainment level of a "significantly below expectations"; or
(B) The LEA's or public charter school's student growth data for each individual student subgroup, as defined in Tennessee's ESSA plan established pursuant to the Every Student Succeeds Act ( 20 U.S.C. § 6301 et seq.) and § 49-1-602 , for fourth grade English language arts for the two (2) TCAP test administrations immediately preceding the date on which the foundational literacy skills plan or the revised foundational literacy skills plan is due under subdivision (g)(1) reflects an attainment level of "below expectations" or "significantly below expectations."
(4) (A) Each LEA and public charter school shall post the LEA's or public charter school's department-approved foundational literacy skills plan on the LEA's or public charter school's website. (B) The department shall post the foundational literacy skills plan approved for each LEA and public charter school on the department's website.
(A) Each LEA and public charter school shall post the LEA's or public charter school's department-approved foundational literacy skills plan on the LEA's or public charter school's website.
(B) The department shall post the foundational literacy skills plan approved for each LEA and public charter school on the department's website.
(5) (A) The state board, in consultation with the department, shall promulgate rules to establish additional guidelines and requirements for foundational literacy skills plans, consistent with this subsection (g). The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (B) The state board, in consultation with the department, may promulgate emergency rules to establish additional guidelines and requirements for foundational literacy skills plans, consistent with this subsection (g), for the 2021-2022 school year. The state board shall submit any emergency rules promulgated pursuant to this subdivision (g)(5)(B) to the chair of the government operations committees of the senate and house of representatives at least twenty-four (24) hours prior to filing the rules with the secretary of state.
(A) The state board, in consultation with the department, shall promulgate rules to establish additional guidelines and requirements for foundational literacy skills plans, consistent with this subsection (g). The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(B) The state board, in consultation with the department, may promulgate emergency rules to establish additional guidelines and requirements for foundational literacy skills plans, consistent with this subsection (g), for the 2021-2022 school year. The state board shall submit any emergency rules promulgated pursuant to this subdivision (g)(5)(B) to the chair of the government operations committees of the senate and house of representatives at least twenty-four (24) hours prior to filing the rules with the secretary of state.
(6) The office of the comptroller of the treasury shall conduct a review of the foundational literacy skills plans submitted to the department for approval to ensure the plans comply with the requirements of subsection (f) and the rules promulgated by the state board. The comptroller, or the comptroller's designee, shall submit a report detailing the findings of the review, including, but not limited to, whether plans were initially approved or denied by the department, and the nature of any plan revisions or amendments required by the department for approval, to the chairs of the education committees of the senate and house of representatives no later than November 1, 2021, and by each November 1 thereafter.
(h) An LEA or public charter school shall not use instructional materials created to align with common core academic standards in implementing the requirements of this section.
Amended by 2022 Tenn. Acts, ch. 974, s 3, eff. 5/3/2022.
Amended by 2021 Tenn. Acts, ch. 367, s 2, eff. 7/1/2022.
Added by 2021EX1 Tenn. Acts, ch. 3, s 3, eff. 2/3/2021.
Tenn. Code Ann. § 49-6-2603 — TN Code / Title 49 / Chapter 6 / Section 49-6-2603
Eligibility to participate in education savings account program - Participation by student
Status: in_force

(a) To participate in the program, a parent of an eligible student who is seventeen (17) years of age or younger, or an eligible student who has reached the age of eighteen (18) must agree in writing to: (1) Ensure the provision of an education for the participating student that satisfies the compulsory school attendance requirement provided in § 49-6-3001(c)(1) through enrollment in a private school, as defined in § 49-6-3001(c)(3)(A)(iii) , that meets the requirements established by the department and the state board for a Category I, II, or III private school; (2) Not enroll the participating student in a public school while participating in the program; (3) Release the LEA in which the participating student resides from all obligations to educate the participating student while participating in the program. Participation in the program has the same effect as a parental refusal to consent to the receipt of services under the Individuals with Disabilities Education Act (IDEA) ( 20 U.S.C. § 1414 ); (4) Only use the funds deposited in a participating student's ESA for one (1) or more of the following expenses of the student: (A) Tuition or fees at a participating school; (B) Textbooks required by a participating school; (C) Tutoring services provided by a tutor or tutoring facility that meets the requirements established by the department and the state board; (D) Fees for transportation to and from a participating school or educational provider paid to a fee-for-service transportation provider; (E) Fees for early postsecondary opportunity courses and examinations required for college admission; (F) Computer hardware, technological devices, or other technology fees approved by the department, if the computer hardware, technological device, or technology fee is used for the student's educational needs and is purchased through a participating school, private school, or provider; (G) School uniforms, if required by a participating school; (H) Tuition and fees for summer education programs and specialized afterschool education programs, as approved by the department, which do not include afterschool childcare; (I) Tuition and fees at an eligible postsecondary institution; (J) Textbooks required by an eligible postsecondary institution; (K) Educational therapy services provided by therapists that meet the requirements established by the department and the state board; or (L) Fees for the management of the ESA by a private or nonprofit financial management organization, as approved by the department. The fees must not exceed two percent (2%) of the funds deposited in a participating student's ESA in a fiscal year; and (5) Verify that the student's household income meets the requirements of § 49-6-2602(3)(D) by providing a federal income tax return from the previous year or by providing proof that the parent of an eligible student who is seventeen (17) years of age or younger, or an eligible student who has reached the age of eighteen (18), is eligible to enroll in the state's temporary assistance for needy families (TANF) program. Household income must be verified under this subdivision (a)(5): (A) When the parent of the eligible student or the eligible student, as applicable, submits an application to participate in the program; and (B) At least once every year, according to the schedule and income-verification process developed by the department. (b) This part does not prohibit a parent or third party from paying the costs of educational programs and services for a participating student that are not covered by the funds in an ESA. (c) When a participating student reaches eighteen (18) years of age, the rights accorded to, and any consent required of, the participating student's parent under this part transfer from the participating student's parent to the participating student. (d) For purposes of continuity of educational attainment, and subject to the eligibility requirements of § 49-6-2602(3)(A) and (B) , a participating student may participate in the program, unless the student is suspended or terminated from participating in the program under § 49-6-2608 , until: (1) The participating student: (A) Enrolls in a public school; (B) Ceases to be a resident of the LEA in which the student resided when the student began participating in the program; (C) Graduates or withdraws from high school; or (D) Reaches twenty-two (22) years of age between the commencement of the school year and the conclusion of the school year, whichever occurs first; or (2) The parent of the participating student or the participating student, as applicable: (A) Fails to verify that the participating student's household income meets the requirements of § 49-6-2602(3)(D) according to the schedule and income-verification process developed by the department; or (B) Verifies, according to the schedule and income-verification process developed by the department, that the participating student's household income does not meet the requirements of § 49-6-2602(3)(D) . (e) A participating student, who is otherwise eligible to return to the student's LEA, may return to the student's LEA at any time after enrolling in the program. Upon a participating student's return to the student's LEA, the student's ESA will be closed and any remaining funds must be returned to the state treasurer to be placed in the Tennessee investment in student achievement formula (TISA) account of the education trust fund of 1992 under §§ 49-3-357 and 49-3-358 . (f) (1) If a participating student ceases to be a resident of the LEA in which the student resided when the student began participating in the program, then the student's ESA will be closed and any remaining funds must be returned to the state treasurer to be placed in the Tennessee investment in student achievement formula (TISA) account of the education trust fund of 1992 under §§ 49-3-357 and 49-3-358 . (2) If the parent of a participating student or the participating student, as applicable, fails to verify that the participating student's household income meets the requirements of § 49-6-2602(3)(D) according to the schedule and income-verification process developed by the department, or if the parent of a participating student or the participating student, as applicable, verifies, according to the schedule and income-verification process developed by the department, that the participating student's household income does not meet the requirements of § 49-6-2602(3)(D) , then the student's ESA will be closed and any remaining funds must be returned to the state treasurer to be placed in the Tennessee investment in student achievement formula (TISA) account of the education trust fund of 1992 under §§ 49-3-357 and 49-3-358 . (g) Any funds remaining in a participating student's ESA upon graduation from high school or exiting the program by reaching twenty-two (22) years of age may be used by the student when the student becomes a legacy student to attend or take courses from an eligible postsecondary institution, with qualifying expenses subject to the conditions of subdivision (a)(4). (h) A participating student's ESA will be closed, and any remaining funds must be returned to the state treasurer to be placed in the Tennessee investment in student achievement formula (TISA) account of the education trust fund of 1992 under §§ 49-3-357 and 49-3-358 , after the first of the following events: (1) Upon a legacy student's graduation from an eligible postsecondary institution; (2) After four (4) consecutive years elapse immediately after a legacy student enrolls in an eligible postsecondary institution; (3) After a participating student or legacy student exits the program and is not enrolled in an eligible postsecondary institution; or (4) After a participating or legacy student reaches twenty-two (22) years of age and is not enrolled in an eligible postsecondary institution. (i) Funds received pursuant to this part: (1) Constitute a scholarship provided for use on qualified educational expenses listed in subdivision (a)(4); and (2) Do not constitute income of a parent of a participating student under title 67, chapter 2 or any other state law. (j) A student who is eligible for both the program created under this part and an individualized education account under the Individualized Education Act, compiled in chapter 10, part 14 of this title, may apply for both programs but must only participate and receive assistance from one (1) program. (k) A participating student is ineligible to participate in a sport sanctioned by an association that regulates interscholastic athletics for the first year in which the student attends a participating school if: (1) The participating student attended a Tennessee public school and participated in that sport; (2) The student participated in that sport in the year immediately preceding the year in which the participating student enrolled in the participating school; and (3) The participating student has not relocated outside the LEA in which the Tennessee public school that the participating student formerly attended is located. (l) The state board shall adopt rules regarding the spending requirements for ESA funds and the use of any unspent funds, as well as rules providing for determining that a student is no longer participating in the program or that a student's ESA should be closed. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Amended by 2022 Tenn. Acts, ch. 966, s 53, eff. 7/1/2023. Added by 2019 Tenn. Acts, ch. 506, s 1, eff. 5/24/2019.
(a) To participate in the program, a parent of an eligible student who is seventeen (17) years of age or younger, or an eligible student who has reached the age of eighteen (18) must agree in writing to: (1) Ensure the provision of an education for the participating student that satisfies the compulsory school attendance requirement provided in § 49-6-3001(c)(1) through enrollment in a private school, as defined in § 49-6-3001(c)(3)(A)(iii) , that meets the requirements established by the department and the state board for a Category I, II, or III private school; (2) Not enroll the participating student in a public school while participating in the program; (3) Release the LEA in which the participating student resides from all obligations to educate the participating student while participating in the program. Participation in the program has the same effect as a parental refusal to consent to the receipt of services under the Individuals with Disabilities Education Act (IDEA) ( 20 U.S.C. § 1414 ); (4) Only use the funds deposited in a participating student's ESA for one (1) or more of the following expenses of the student: (A) Tuition or fees at a participating school; (B) Textbooks required by a participating school; (C) Tutoring services provided by a tutor or tutoring facility that meets the requirements established by the department and the state board; (D) Fees for transportation to and from a participating school or educational provider paid to a fee-for-service transportation provider; (E) Fees for early postsecondary opportunity courses and examinations required for college admission; (F) Computer hardware, technological devices, or other technology fees approved by the department, if the computer hardware, technological device, or technology fee is used for the student's educational needs and is purchased through a participating school, private school, or provider; (G) School uniforms, if required by a participating school; (H) Tuition and fees for summer education programs and specialized afterschool education programs, as approved by the department, which do not include afterschool childcare; (I) Tuition and fees at an eligible postsecondary institution; (J) Textbooks required by an eligible postsecondary institution; (K) Educational therapy services provided by therapists that meet the requirements established by the department and the state board; or (L) Fees for the management of the ESA by a private or nonprofit financial management organization, as approved by the department. The fees must not exceed two percent (2%) of the funds deposited in a participating student's ESA in a fiscal year; and (5) Verify that the student's household income meets the requirements of § 49-6-2602(3)(D) by providing a federal income tax return from the previous year or by providing proof that the parent of an eligible student who is seventeen (17) years of age or younger, or an eligible student who has reached the age of eighteen (18), is eligible to enroll in the state's temporary assistance for needy families (TANF) program. Household income must be verified under this subdivision (a)(5): (A) When the parent of the eligible student or the eligible student, as applicable, submits an application to participate in the program; and (B) At least once every year, according to the schedule and income-verification process developed by the department.
(1) Ensure the provision of an education for the participating student that satisfies the compulsory school attendance requirement provided in § 49-6-3001(c)(1) through enrollment in a private school, as defined in § 49-6-3001(c)(3)(A)(iii) , that meets the requirements established by the department and the state board for a Category I, II, or III private school;
(2) Not enroll the participating student in a public school while participating in the program;
(3) Release the LEA in which the participating student resides from all obligations to educate the participating student while participating in the program. Participation in the program has the same effect as a parental refusal to consent to the receipt of services under the Individuals with Disabilities Education Act (IDEA) ( 20 U.S.C. § 1414 );
(4) Only use the funds deposited in a participating student's ESA for one (1) or more of the following expenses of the student: (A) Tuition or fees at a participating school; (B) Textbooks required by a participating school; (C) Tutoring services provided by a tutor or tutoring facility that meets the requirements established by the department and the state board; (D) Fees for transportation to and from a participating school or educational provider paid to a fee-for-service transportation provider; (E) Fees for early postsecondary opportunity courses and examinations required for college admission; (F) Computer hardware, technological devices, or other technology fees approved by the department, if the computer hardware, technological device, or technology fee is used for the student's educational needs and is purchased through a participating school, private school, or provider; (G) School uniforms, if required by a participating school; (H) Tuition and fees for summer education programs and specialized afterschool education programs, as approved by the department, which do not include afterschool childcare; (I) Tuition and fees at an eligible postsecondary institution; (J) Textbooks required by an eligible postsecondary institution; (K) Educational therapy services provided by therapists that meet the requirements established by the department and the state board; or (L) Fees for the management of the ESA by a private or nonprofit financial management organization, as approved by the department. The fees must not exceed two percent (2%) of the funds deposited in a participating student's ESA in a fiscal year; and
(A) Tuition or fees at a participating school;
(B) Textbooks required by a participating school;
(C) Tutoring services provided by a tutor or tutoring facility that meets the requirements established by the department and the state board;
(D) Fees for transportation to and from a participating school or educational provider paid to a fee-for-service transportation provider;
(E) Fees for early postsecondary opportunity courses and examinations required for college admission;
(F) Computer hardware, technological devices, or other technology fees approved by the department, if the computer hardware, technological device, or technology fee is used for the student's educational needs and is purchased through a participating school, private school, or provider;
(G) School uniforms, if required by a participating school;
(H) Tuition and fees for summer education programs and specialized afterschool education programs, as approved by the department, which do not include afterschool childcare;
(I) Tuition and fees at an eligible postsecondary institution;
(J) Textbooks required by an eligible postsecondary institution;
(K) Educational therapy services provided by therapists that meet the requirements established by the department and the state board; or
(L) Fees for the management of the ESA by a private or nonprofit financial management organization, as approved by the department. The fees must not exceed two percent (2%) of the funds deposited in a participating student's ESA in a fiscal year; and
(5) Verify that the student's household income meets the requirements of § 49-6-2602(3)(D) by providing a federal income tax return from the previous year or by providing proof that the parent of an eligible student who is seventeen (17) years of age or younger, or an eligible student who has reached the age of eighteen (18), is eligible to enroll in the state's temporary assistance for needy families (TANF) program. Household income must be verified under this subdivision (a)(5): (A) When the parent of the eligible student or the eligible student, as applicable, submits an application to participate in the program; and (B) At least once every year, according to the schedule and income-verification process developed by the department.
(A) When the parent of the eligible student or the eligible student, as applicable, submits an application to participate in the program; and
(B) At least once every year, according to the schedule and income-verification process developed by the department.
(b) This part does not prohibit a parent or third party from paying the costs of educational programs and services for a participating student that are not covered by the funds in an ESA.
(c) When a participating student reaches eighteen (18) years of age, the rights accorded to, and any consent required of, the participating student's parent under this part transfer from the participating student's parent to the participating student.
(d) For purposes of continuity of educational attainment, and subject to the eligibility requirements of § 49-6-2602(3)(A) and (B) , a participating student may participate in the program, unless the student is suspended or terminated from participating in the program under § 49-6-2608 , until: (1) The participating student: (A) Enrolls in a public school; (B) Ceases to be a resident of the LEA in which the student resided when the student began participating in the program; (C) Graduates or withdraws from high school; or (D) Reaches twenty-two (22) years of age between the commencement of the school year and the conclusion of the school year, whichever occurs first; or (2) The parent of the participating student or the participating student, as applicable: (A) Fails to verify that the participating student's household income meets the requirements of § 49-6-2602(3)(D) according to the schedule and income-verification process developed by the department; or (B) Verifies, according to the schedule and income-verification process developed by the department, that the participating student's household income does not meet the requirements of § 49-6-2602(3)(D) .
(1) The participating student: (A) Enrolls in a public school; (B) Ceases to be a resident of the LEA in which the student resided when the student began participating in the program; (C) Graduates or withdraws from high school; or (D) Reaches twenty-two (22) years of age between the commencement of the school year and the conclusion of the school year, whichever occurs first; or
(A) Enrolls in a public school;
(B) Ceases to be a resident of the LEA in which the student resided when the student began participating in the program;
(C) Graduates or withdraws from high school; or
(D) Reaches twenty-two (22) years of age between the commencement of the school year and the conclusion of the school year, whichever occurs first; or
(2) The parent of the participating student or the participating student, as applicable: (A) Fails to verify that the participating student's household income meets the requirements of § 49-6-2602(3)(D) according to the schedule and income-verification process developed by the department; or (B) Verifies, according to the schedule and income-verification process developed by the department, that the participating student's household income does not meet the requirements of § 49-6-2602(3)(D) .
(A) Fails to verify that the participating student's household income meets the requirements of § 49-6-2602(3)(D) according to the schedule and income-verification process developed by the department; or
(B) Verifies, according to the schedule and income-verification process developed by the department, that the participating student's household income does not meet the requirements of § 49-6-2602(3)(D) .
(e) A participating student, who is otherwise eligible to return to the student's LEA, may return to the student's LEA at any time after enrolling in the program. Upon a participating student's return to the student's LEA, the student's ESA will be closed and any remaining funds must be returned to the state treasurer to be placed in the Tennessee investment in student achievement formula (TISA) account of the education trust fund of 1992 under §§ 49-3-357 and 49-3-358 .
(f) (1) If a participating student ceases to be a resident of the LEA in which the student resided when the student began participating in the program, then the student's ESA will be closed and any remaining funds must be returned to the state treasurer to be placed in the Tennessee investment in student achievement formula (TISA) account of the education trust fund of 1992 under §§ 49-3-357 and 49-3-358 . (2) If the parent of a participating student or the participating student, as applicable, fails to verify that the participating student's household income meets the requirements of § 49-6-2602(3)(D) according to the schedule and income-verification process developed by the department, or if the parent of a participating student or the participating student, as applicable, verifies, according to the schedule and income-verification process developed by the department, that the participating student's household income does not meet the requirements of § 49-6-2602(3)(D) , then the student's ESA will be closed and any remaining funds must be returned to the state treasurer to be placed in the Tennessee investment in student achievement formula (TISA) account of the education trust fund of 1992 under §§ 49-3-357 and 49-3-358 .
(1) If a participating student ceases to be a resident of the LEA in which the student resided when the student began participating in the program, then the student's ESA will be closed and any remaining funds must be returned to the state treasurer to be placed in the Tennessee investment in student achievement formula (TISA) account of the education trust fund of 1992 under §§ 49-3-357 and 49-3-358 .
(2) If the parent of a participating student or the participating student, as applicable, fails to verify that the participating student's household income meets the requirements of § 49-6-2602(3)(D) according to the schedule and income-verification process developed by the department, or if the parent of a participating student or the participating student, as applicable, verifies, according to the schedule and income-verification process developed by the department, that the participating student's household income does not meet the requirements of § 49-6-2602(3)(D) , then the student's ESA will be closed and any remaining funds must be returned to the state treasurer to be placed in the Tennessee investment in student achievement formula (TISA) account of the education trust fund of 1992 under §§ 49-3-357 and 49-3-358 .
(g) Any funds remaining in a participating student's ESA upon graduation from high school or exiting the program by reaching twenty-two (22) years of age may be used by the student when the student becomes a legacy student to attend or take courses from an eligible postsecondary institution, with qualifying expenses subject to the conditions of subdivision (a)(4).
(h) A participating student's ESA will be closed, and any remaining funds must be returned to the state treasurer to be placed in the Tennessee investment in student achievement formula (TISA) account of the education trust fund of 1992 under §§ 49-3-357 and 49-3-358 , after the first of the following events: (1) Upon a legacy student's graduation from an eligible postsecondary institution; (2) After four (4) consecutive years elapse immediately after a legacy student enrolls in an eligible postsecondary institution; (3) After a participating student or legacy student exits the program and is not enrolled in an eligible postsecondary institution; or (4) After a participating or legacy student reaches twenty-two (22) years of age and is not enrolled in an eligible postsecondary institution.
(1) Upon a legacy student's graduation from an eligible postsecondary institution;
(2) After four (4) consecutive years elapse immediately after a legacy student enrolls in an eligible postsecondary institution;
(3) After a participating student or legacy student exits the program and is not enrolled in an eligible postsecondary institution; or
(4) After a participating or legacy student reaches twenty-two (22) years of age and is not enrolled in an eligible postsecondary institution.
(i) Funds received pursuant to this part: (1) Constitute a scholarship provided for use on qualified educational expenses listed in subdivision (a)(4); and (2) Do not constitute income of a parent of a participating student under title 67, chapter 2 or any other state law.
(1) Constitute a scholarship provided for use on qualified educational expenses listed in subdivision (a)(4); and
(2) Do not constitute income of a parent of a participating student under title 67, chapter 2 or any other state law.
(j) A student who is eligible for both the program created under this part and an individualized education account under the Individualized Education Act, compiled in chapter 10, part 14 of this title, may apply for both programs but must only participate and receive assistance from one (1) program.
(k) A participating student is ineligible to participate in a sport sanctioned by an association that regulates interscholastic athletics for the first year in which the student attends a participating school if: (1) The participating student attended a Tennessee public school and participated in that sport; (2) The student participated in that sport in the year immediately preceding the year in which the participating student enrolled in the participating school; and (3) The participating student has not relocated outside the LEA in which the Tennessee public school that the participating student formerly attended is located.
(1) The participating student attended a Tennessee public school and participated in that sport;
(2) The student participated in that sport in the year immediately preceding the year in which the participating student enrolled in the participating school; and
(3) The participating student has not relocated outside the LEA in which the Tennessee public school that the participating student formerly attended is located.
(l) The state board shall adopt rules regarding the spending requirements for ESA funds and the use of any unspent funds, as well as rules providing for determining that a student is no longer participating in the program or that a student's ESA should be closed. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Amended by 2022 Tenn. Acts, ch. 966, s 53, eff. 7/1/2023.
Added by 2019 Tenn. Acts, ch. 506, s 1, eff. 5/24/2019.