Tenn. Code Ann. § 49-1-614 — TN Code / Title 49 / Chapter 1 / Section 49-1-614
Achievement school district
Status: in_force

(a) The "achievement school district" or "ASD" is an organizational unit of the department of education, established and administered by the commissioner for the purpose of providing oversight for the operation of schools assigned to or authorized by the ASD. (b) The commissioner shall have the authority to directly operate or contract with one (1) or more individuals, governmental entities or nonprofit entities to manage the day-to-day operations of any or all schools placed in the ASD, including, but not limited to, providing direct services to students. (c) (1) The commissioner shall have the authority to assign any school or grade configuration within a school to the ASD at any time such school is designated to be in priority status pursuant to § 49-1-602 ; provided, however, that schools assigned to the ASD after June 1, 2017, shall be limited to priority schools. (2) Schools placed in the ASD after June 1, 2017, shall only serve grades that the school served at the time the commissioner assigned the school to the ASD. The governing body of a charter school may apply to the LEA to expand the grades the school serves under the provisions outlined in § 49-13-106 . (3) Prior to the assignment of a school to the ASD, the commissioner shall consider geographic clusters of qualifying schools, feeder patterns, and previous LEA-led interventions with multiple eligible schools. (4) Nothing shall prohibit the ASD from establishing an alternative school to serve students assigned to the ASD. (d) (1) The ASD may receive, control, and expend local and state funding for schools placed under its jurisdiction, and shall have the authority to seek, receive, expend, manage, and retain federal funding and grant funding and to otherwise seek, obtain, expend, manage, and retain funding with the same authority as an LEA. The ASD shall receive from the department or LEA, as appropriate, an amount of state and local funds in the manner prescribed in § 49-13-112 for all schools in the ASD, including those schools operated through charter agreements, contracts, and direct-run models. ASD schools shall also receive all appropriate allocations of federal funds as other LEAs under federal law or regulation, including, but not limited to, Title I, IDEA, and other ESEA funds. All funding allocations and disbursements shall be in accordance with procedures developed by the department. (2) The ASD shall have the authority to receive donations of money, property or securities from any source for the benefit of the ASD and schools within the ASD. All such funds shall, in good faith, be disbursed in accordance with the conditions of the gifts. (3) To the extent that any state and local funds allocated to the ASD are not used to support a school or LEA in the ASD, they shall be allocated to a state reserve fund to be distributed to the appropriate LEA upon approval of the commissioner and upon the removal of the school from the ASD. (e) The ASD may require any LEA to provide school support or student support services for a school transferred from the LEA's jurisdiction including, but not limited to, student transportation, school food service, alternative schools or student assessment for special education eligibility that are compliant with all laws and regulations governing such services. In such cases, the ASD shall reimburse the actual cost to the LEA providing such services. (f) The ASD shall have the right to use any school building and all facilities and property otherwise part of the school and recognized as part of the facilities or assets of the school prior to its placement in the ASD and shall have access to such additional facilities as were typically available to the school, its students, faculty and staff prior to its placement in the ASD. Such use shall be unrestricted and free of charge, except that the ASD shall be responsible for and obligated to provide for routine maintenance and repair such that the facilities and property are maintained in as good order as when the right of use was acquired by the ASD. The ASD shall also be responsible for paying all utilities in use at ASD-utilized facilities. Extensive repairs to buildings or facilities considered capital expenses shall be the responsibility of the LEA and not the ASD. Any fixtures, improvements or tangible assets added to a school building or facility by the ASD shall remain at the school building or facility upon its return to the LEA. (g) (1) If it is determined that the ASD shall directly operate a school within the ASD, the employees hired to work in schools directly operated by the ASD may be deemed employees of the ASD and such employees shall be under the exclusive control of the ASD. The ASD shall develop written procedures, subject to the approval of the commissioner, for employment and management of personnel as well as the development of compensation and benefit plans. Within the limits of the budget, staffing needs of any school within the ASD shall be exclusively determined by the ASD with approval of the commissioner. (2) The ASD, or the entity under contract to operate schools within the ASD, shall have the authority to determine whether any teacher who was assigned to such school prior to the school's transfer into the ASD shall have the option of continuing to teach at that school as an employee of either the ASD or the operating entity. Any tenured teacher not given that option shall remain an employee of the LEA, subject to § 49-5-511 . The LEA, if it so chooses, may continue the employment of a nontenured teacher not given that option. Moreover, any teacher who accepts that option may, at the discretion of the LEA, return as an employee of the LEA, should the ASD or operating entity later determine not to continue to employ such teacher. (3) With the exception of the provisions protecting teachers' rights to accumulated sick leave, retirement benefits, pension and tenure status within an LEA, § 49-5-203 , and the [former] Education Professional Negotiations Act, compiled in chapter 5, part 6 of this title, prior to June 1, 2011, shall not apply to teachers who accept the option of continuing to teach at a school placed in the ASD. (h) Notwithstanding any law to the contrary, the ASD shall, at a minimum, have the same authority and autonomy afforded to LEAs under state law regarding the procurement of property, goods and services, including, but not limited to, personal, professional, consulting, and social services. The ASD shall develop written procedures for the procurement of all goods and services in compliance with the expenditure thresholds for competitive bidding outlined or permitted in § 49-2-203 . Such procedures shall be submitted to and approved by the commissioner. (i) Notwithstanding title 12, chapter 7, part 1, or any other law to the contrary, the ASD shall have the authority to authorize the preparation and use of publications and other media for the marketing and public education needs of the ASD in order to effectively carry out its mission. (j) The ASD or any entity the ASD contracts with to operate or manage schools that have been placed in the ASD may apply to the commissioner for a waiver of any state board rule that inhibits or hinders the ability of the school to increase student achievement. Notwithstanding this subsection (j), the commissioner shall not waive rules related to the following: (1) Federal and state civil rights; (2) Federal, state and local health and safety; (3) Federal and state public records; (4) Immunizations; (5) Possession of weapons on school grounds; (6) Background checks and fingerprinting of personnel; (7) Federal and state special education services; (8) Student due process; (9) Parental rights; (10) Federal and state student assessment and accountability; (11) Open meetings; and (12) At least the same equivalent time of instruction as required in regular public schools. (k) (1) (A) A school that has been removed from the LEA and placed in the ASD must remain in the ASD until the school is no longer identified as a priority school pursuant to § 49-1-602 for two (2) consecutive cycles beginning with the 2017 priority school list; provided, however, that a school shall not remain in the ASD for more than a ten-year period. (B) Prior to a school exiting the ASD, the commissioner, in consultation with the LEA or the Tennessee public charter school commission, as appropriate, shall develop and approve a school transition plan for determining the school's exit from the ASD. The transition plan shall include a communication protocol for notifying the parents of students who currently attend ASD schools of the student's future school enrollment options. (C) Notwithstanding subdivision (k)(1)(A), if the LEA is identified as an LEA earning the lowest accountability determination pursuant to § 49-1-602(a) and the parents of at least sixty percent (60%) of the students enrolled at the school demonstrate support for remaining in the ASD by signing a petition, then the school may remain in the ASD beyond the initial ten-year period. (2) Notwithstanding subdivision (k)(1) or any other provision to the contrary, the commissioner may determine that a school that entered the ASD and is operated as a charter school through authorization by the ASD pursuant to § 49-13-106 , may exit the ASD prior to the expiration of the charter school's initial ASD charter agreement. The commissioner's determination must be based on metrics, including, but not limited to, the ASD's school performance framework (SPF) and school accountability results publicly reported on the department's website annually and must specify whether: (A) The ASD-authorized charter school must apply to the LEA for authorization under § 49-13-107 before its initial ASD charter agreement expires; or (B) The ASD-authorized charter school may apply to the Tennessee public charter school commission for a new charter agreement with a term not to exceed the term of the initial ASD charter agreement. If the commission grants the ASD-authorized charter school a new charter agreement, then the commission may agree to the assignment of all rights and obligations of the ASD, including, but not limited to, the rights and obligations provided in subsection (f) relating to the use of school buildings and facilities, for the duration of the new charter agreement, and the charter school has the right to continue to use the LEA's school building for the duration of that charter agreement. Upon the expiration of the initial charter agreement with the commission, the charter school may apply to renew the charter agreement with the commission or apply to the LEA for a charter agreement. If a renewal is approved by the commission, then the LEA shall grant the charter school operator the option to enter into a lease agreement at or below fair market rental value to occupy the LEA's school building for at least three (3) years, or to purchase the building from the LEA at or below fair market value, less the value of capital repairs or improvements made to the school building by the charter school operator. After the lease period expires, if the LEA determines to sell the school building the charter school operator is leasing, the charter school operator must be provided the right of first refusal to purchase the school building at or below fair market value, less the value of all rental payments made to the LEA during the term of the lease. For purposes of this subsection (k), "fair market value" or "fair market rental value" is determined by the LEA and the charter school operator each procuring a separate appraisal of the property. If the LEA and charter school operator do not mutually agree to use either of the two (2) appraisals, or an average of the two (2) appraisals, to establish fair market value or fair market rental value, then the LEA or charter school operator may request an additional appraisal conducted by a party agreed upon by the LEA's and the charter school operator's selected appraisers to determine the fair market value or fair market rental value, as applicable. The cost of the additional appraisal must be shared by the parties. (3) Except as provided in subdivisions (k)(2) and (k)(4), ASD-authorized charter schools must remain under the authority of the ASD for the duration of their initial ASD charter agreements. Upon expiration of an ASD charter agreement, the school must exit the ASD and the school building must be returned to the LEA. The governing body of the charter school may apply for a new charter agreement with the LEA according to § 49-13-107 . The LEA must approve or deny the charter application pursuant to § 49-13-108 . (4) After an ASD school improves student performance such that the school is no longer identified as a priority school for two (2) consecutive cycles as referenced in (k)(1), the commissioner, in consultation with the LEA, shall implement the transition plan developed and approved by the commissioner pursuant to subdivision (k)(1)(B). If, at any time, an ASD-authorized charter school meets the priority exit criteria set forth in the state's accountability model, then the school may apply to the LEA or the commission for a new charter agreement with a term not to exceed the term of the initial ASD charter agreement. If the commission grants the ASD-authorized charter school a new charter agreement, then the commission may agree to the assignment of all rights and obligations of the ASD, including, but not limited to, the rights and obligations provided in subsection (f) relating to the use of school buildings and facilities, for the duration of the new charter agreement, and the charter school has the right to continue to use the LEA's school building for the duration of the charter agreement. Upon expiration of the new charter agreement with the commission, the charter school may apply to the commission to renew its charter agreement. If the charter agreement is renewed by the commission, then the LEA shall grant the charter school operator the option to enter into a lease agreement at or below fair market rental value to occupy the building for at least three (3) years, or to purchase the building at or below fair market value, less the value of capital repairs or improvements made to the school building by the charter school operator. After the lease period expires, if the LEA determines to sell the school building the charter school operator is leasing, the charter school operator must be provided the right of first refusal to purchase the school building at or below fair market value, less the value of all rental payments made to the LEA during the term of the lease. (5) Notwithstanding subdivision (k)(2)(B), an ASD-authorized charter school shall not apply directly to the commission for approval of a charter agreement prior to the 2022-2023 school year. (6) Notwithstanding subdivisions (k)(1)-(4) or any other provision to the contrary, the commissioner may remove any school from the jurisdiction of the ASD at any time. (l) Any individuals, governmental entities or nonprofit entities contracting with the commissioner to operate any school under this section shall provide timely information to the LEA and director of schools regarding the operation of such schools, including, but not limited to, matters relating to employment of personnel at the school as provided for in this section. The LEA may continue to support the educational improvement of the school under the direction and guidance of the commissioner and in accordance with any contracts entered into in accordance with this section. In addition, any individuals, governmental entities or nonprofit entities contracting with the commissioner may voluntarily work with the LEA in providing to the schools professional development or technical assistance, instructional and administrative support and facilitating any other support that may be beneficial to academic progress of the school. (m) Any contracts to operate schools that have been placed in the ASD shall require expenditure reports for funds received and expended pursuant to such contracts. Such reports shall be provided to the department of education and comptroller of the treasury for review. (n) The department of education shall establish within the school system with the most schools operated by the ASD a four-year pilot program of assessment of kindergarten students. The pilot program shall begin with the 2012-2013 school year. Students entering kindergarten in such system in schools operated by the ASD shall be assessed by an appropriate standardized test or tests. The test shall measure the present educational levels of the students to determine how instruction should be targeted to best meet the learning needs of the students and to eliminate disparities in learning backgrounds, if any. (o) The ASD shall adopt an appropriate dress code for its professional employees. Amended by 2022 Tenn. Acts, ch. 966, s 36, eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 966, s 35, eff. 7/1/2023. Amended by 2021 Tenn. Acts, ch. 490, Secs.s 1, s 2, s 3, s 4 eff. 5/24/2021. Amended by 2020 Tenn. Acts, ch. 777, s 1, eff. 7/15/2020. Amended by 2017 Tenn. Acts, ch. 177, Secs.s 8, s 9 eff. 4/24/2017. Amended by 2013 Tenn. Acts, ch. 263, s 1, eff. 7/1/2013. Acts 2010 (1st Ex. Sess.), ch. 2, § 9; 2011 , ch. 378, § 8; 2012 , ch. 901, § 1; 2012 , ch. 962, § 6; 2012, ch. 1094, § 1.
(a) The "achievement school district" or "ASD" is an organizational unit of the department of education, established and administered by the commissioner for the purpose of providing oversight for the operation of schools assigned to or authorized by the ASD.
(b) The commissioner shall have the authority to directly operate or contract with one (1) or more individuals, governmental entities or nonprofit entities to manage the day-to-day operations of any or all schools placed in the ASD, including, but not limited to, providing direct services to students.
(c) (1) The commissioner shall have the authority to assign any school or grade configuration within a school to the ASD at any time such school is designated to be in priority status pursuant to § 49-1-602 ; provided, however, that schools assigned to the ASD after June 1, 2017, shall be limited to priority schools. (2) Schools placed in the ASD after June 1, 2017, shall only serve grades that the school served at the time the commissioner assigned the school to the ASD. The governing body of a charter school may apply to the LEA to expand the grades the school serves under the provisions outlined in § 49-13-106 . (3) Prior to the assignment of a school to the ASD, the commissioner shall consider geographic clusters of qualifying schools, feeder patterns, and previous LEA-led interventions with multiple eligible schools. (4) Nothing shall prohibit the ASD from establishing an alternative school to serve students assigned to the ASD.
(1) The commissioner shall have the authority to assign any school or grade configuration within a school to the ASD at any time such school is designated to be in priority status pursuant to § 49-1-602 ; provided, however, that schools assigned to the ASD after June 1, 2017, shall be limited to priority schools.
(2) Schools placed in the ASD after June 1, 2017, shall only serve grades that the school served at the time the commissioner assigned the school to the ASD. The governing body of a charter school may apply to the LEA to expand the grades the school serves under the provisions outlined in § 49-13-106 .
(3) Prior to the assignment of a school to the ASD, the commissioner shall consider geographic clusters of qualifying schools, feeder patterns, and previous LEA-led interventions with multiple eligible schools.
(4) Nothing shall prohibit the ASD from establishing an alternative school to serve students assigned to the ASD.
(d) (1) The ASD may receive, control, and expend local and state funding for schools placed under its jurisdiction, and shall have the authority to seek, receive, expend, manage, and retain federal funding and grant funding and to otherwise seek, obtain, expend, manage, and retain funding with the same authority as an LEA. The ASD shall receive from the department or LEA, as appropriate, an amount of state and local funds in the manner prescribed in § 49-13-112 for all schools in the ASD, including those schools operated through charter agreements, contracts, and direct-run models. ASD schools shall also receive all appropriate allocations of federal funds as other LEAs under federal law or regulation, including, but not limited to, Title I, IDEA, and other ESEA funds. All funding allocations and disbursements shall be in accordance with procedures developed by the department. (2) The ASD shall have the authority to receive donations of money, property or securities from any source for the benefit of the ASD and schools within the ASD. All such funds shall, in good faith, be disbursed in accordance with the conditions of the gifts. (3) To the extent that any state and local funds allocated to the ASD are not used to support a school or LEA in the ASD, they shall be allocated to a state reserve fund to be distributed to the appropriate LEA upon approval of the commissioner and upon the removal of the school from the ASD.
(1) The ASD may receive, control, and expend local and state funding for schools placed under its jurisdiction, and shall have the authority to seek, receive, expend, manage, and retain federal funding and grant funding and to otherwise seek, obtain, expend, manage, and retain funding with the same authority as an LEA. The ASD shall receive from the department or LEA, as appropriate, an amount of state and local funds in the manner prescribed in § 49-13-112 for all schools in the ASD, including those schools operated through charter agreements, contracts, and direct-run models. ASD schools shall also receive all appropriate allocations of federal funds as other LEAs under federal law or regulation, including, but not limited to, Title I, IDEA, and other ESEA funds. All funding allocations and disbursements shall be in accordance with procedures developed by the department.
(2) The ASD shall have the authority to receive donations of money, property or securities from any source for the benefit of the ASD and schools within the ASD. All such funds shall, in good faith, be disbursed in accordance with the conditions of the gifts.
(3) To the extent that any state and local funds allocated to the ASD are not used to support a school or LEA in the ASD, they shall be allocated to a state reserve fund to be distributed to the appropriate LEA upon approval of the commissioner and upon the removal of the school from the ASD.
(e) The ASD may require any LEA to provide school support or student support services for a school transferred from the LEA's jurisdiction including, but not limited to, student transportation, school food service, alternative schools or student assessment for special education eligibility that are compliant with all laws and regulations governing such services. In such cases, the ASD shall reimburse the actual cost to the LEA providing such services.
(f) The ASD shall have the right to use any school building and all facilities and property otherwise part of the school and recognized as part of the facilities or assets of the school prior to its placement in the ASD and shall have access to such additional facilities as were typically available to the school, its students, faculty and staff prior to its placement in the ASD. Such use shall be unrestricted and free of charge, except that the ASD shall be responsible for and obligated to provide for routine maintenance and repair such that the facilities and property are maintained in as good order as when the right of use was acquired by the ASD. The ASD shall also be responsible for paying all utilities in use at ASD-utilized facilities. Extensive repairs to buildings or facilities considered capital expenses shall be the responsibility of the LEA and not the ASD. Any fixtures, improvements or tangible assets added to a school building or facility by the ASD shall remain at the school building or facility upon its return to the LEA.
(g) (1) If it is determined that the ASD shall directly operate a school within the ASD, the employees hired to work in schools directly operated by the ASD may be deemed employees of the ASD and such employees shall be under the exclusive control of the ASD. The ASD shall develop written procedures, subject to the approval of the commissioner, for employment and management of personnel as well as the development of compensation and benefit plans. Within the limits of the budget, staffing needs of any school within the ASD shall be exclusively determined by the ASD with approval of the commissioner. (2) The ASD, or the entity under contract to operate schools within the ASD, shall have the authority to determine whether any teacher who was assigned to such school prior to the school's transfer into the ASD shall have the option of continuing to teach at that school as an employee of either the ASD or the operating entity. Any tenured teacher not given that option shall remain an employee of the LEA, subject to § 49-5-511 . The LEA, if it so chooses, may continue the employment of a nontenured teacher not given that option. Moreover, any teacher who accepts that option may, at the discretion of the LEA, return as an employee of the LEA, should the ASD or operating entity later determine not to continue to employ such teacher. (3) With the exception of the provisions protecting teachers' rights to accumulated sick leave, retirement benefits, pension and tenure status within an LEA, § 49-5-203 , and the [former] Education Professional Negotiations Act, compiled in chapter 5, part 6 of this title, prior to June 1, 2011, shall not apply to teachers who accept the option of continuing to teach at a school placed in the ASD.
(1) If it is determined that the ASD shall directly operate a school within the ASD, the employees hired to work in schools directly operated by the ASD may be deemed employees of the ASD and such employees shall be under the exclusive control of the ASD. The ASD shall develop written procedures, subject to the approval of the commissioner, for employment and management of personnel as well as the development of compensation and benefit plans. Within the limits of the budget, staffing needs of any school within the ASD shall be exclusively determined by the ASD with approval of the commissioner.
(2) The ASD, or the entity under contract to operate schools within the ASD, shall have the authority to determine whether any teacher who was assigned to such school prior to the school's transfer into the ASD shall have the option of continuing to teach at that school as an employee of either the ASD or the operating entity. Any tenured teacher not given that option shall remain an employee of the LEA, subject to § 49-5-511 . The LEA, if it so chooses, may continue the employment of a nontenured teacher not given that option. Moreover, any teacher who accepts that option may, at the discretion of the LEA, return as an employee of the LEA, should the ASD or operating entity later determine not to continue to employ such teacher.
(3) With the exception of the provisions protecting teachers' rights to accumulated sick leave, retirement benefits, pension and tenure status within an LEA, § 49-5-203 , and the [former] Education Professional Negotiations Act, compiled in chapter 5, part 6 of this title, prior to June 1, 2011, shall not apply to teachers who accept the option of continuing to teach at a school placed in the ASD.
(h) Notwithstanding any law to the contrary, the ASD shall, at a minimum, have the same authority and autonomy afforded to LEAs under state law regarding the procurement of property, goods and services, including, but not limited to, personal, professional, consulting, and social services. The ASD shall develop written procedures for the procurement of all goods and services in compliance with the expenditure thresholds for competitive bidding outlined or permitted in § 49-2-203 . Such procedures shall be submitted to and approved by the commissioner.
(i) Notwithstanding title 12, chapter 7, part 1, or any other law to the contrary, the ASD shall have the authority to authorize the preparation and use of publications and other media for the marketing and public education needs of the ASD in order to effectively carry out its mission.
(j) The ASD or any entity the ASD contracts with to operate or manage schools that have been placed in the ASD may apply to the commissioner for a waiver of any state board rule that inhibits or hinders the ability of the school to increase student achievement. Notwithstanding this subsection (j), the commissioner shall not waive rules related to the following: (1) Federal and state civil rights; (2) Federal, state and local health and safety; (3) Federal and state public records; (4) Immunizations; (5) Possession of weapons on school grounds; (6) Background checks and fingerprinting of personnel; (7) Federal and state special education services; (8) Student due process; (9) Parental rights; (10) Federal and state student assessment and accountability; (11) Open meetings; and (12) At least the same equivalent time of instruction as required in regular public schools.
(1) Federal and state civil rights;
(2) Federal, state and local health and safety;
(3) Federal and state public records;
(4) Immunizations;
(5) Possession of weapons on school grounds;
(6) Background checks and fingerprinting of personnel;
(7) Federal and state special education services;
(8) Student due process;
(9) Parental rights;
(10) Federal and state student assessment and accountability;
(11) Open meetings; and
(12) At least the same equivalent time of instruction as required in regular public schools.
(k) (1) (A) A school that has been removed from the LEA and placed in the ASD must remain in the ASD until the school is no longer identified as a priority school pursuant to § 49-1-602 for two (2) consecutive cycles beginning with the 2017 priority school list; provided, however, that a school shall not remain in the ASD for more than a ten-year period. (B) Prior to a school exiting the ASD, the commissioner, in consultation with the LEA or the Tennessee public charter school commission, as appropriate, shall develop and approve a school transition plan for determining the school's exit from the ASD. The transition plan shall include a communication protocol for notifying the parents of students who currently attend ASD schools of the student's future school enrollment options. (C) Notwithstanding subdivision (k)(1)(A), if the LEA is identified as an LEA earning the lowest accountability determination pursuant to § 49-1-602(a) and the parents of at least sixty percent (60%) of the students enrolled at the school demonstrate support for remaining in the ASD by signing a petition, then the school may remain in the ASD beyond the initial ten-year period. (2) Notwithstanding subdivision (k)(1) or any other provision to the contrary, the commissioner may determine that a school that entered the ASD and is operated as a charter school through authorization by the ASD pursuant to § 49-13-106 , may exit the ASD prior to the expiration of the charter school's initial ASD charter agreement. The commissioner's determination must be based on metrics, including, but not limited to, the ASD's school performance framework (SPF) and school accountability results publicly reported on the department's website annually and must specify whether: (A) The ASD-authorized charter school must apply to the LEA for authorization under § 49-13-107 before its initial ASD charter agreement expires; or (B) The ASD-authorized charter school may apply to the Tennessee public charter school commission for a new charter agreement with a term not to exceed the term of the initial ASD charter agreement. If the commission grants the ASD-authorized charter school a new charter agreement, then the commission may agree to the assignment of all rights and obligations of the ASD, including, but not limited to, the rights and obligations provided in subsection (f) relating to the use of school buildings and facilities, for the duration of the new charter agreement, and the charter school has the right to continue to use the LEA's school building for the duration of that charter agreement. Upon the expiration of the initial charter agreement with the commission, the charter school may apply to renew the charter agreement with the commission or apply to the LEA for a charter agreement. If a renewal is approved by the commission, then the LEA shall grant the charter school operator the option to enter into a lease agreement at or below fair market rental value to occupy the LEA's school building for at least three (3) years, or to purchase the building from the LEA at or below fair market value, less the value of capital repairs or improvements made to the school building by the charter school operator. After the lease period expires, if the LEA determines to sell the school building the charter school operator is leasing, the charter school operator must be provided the right of first refusal to purchase the school building at or below fair market value, less the value of all rental payments made to the LEA during the term of the lease. For purposes of this subsection (k), "fair market value" or "fair market rental value" is determined by the LEA and the charter school operator each procuring a separate appraisal of the property. If the LEA and charter school operator do not mutually agree to use either of the two (2) appraisals, or an average of the two (2) appraisals, to establish fair market value or fair market rental value, then the LEA or charter school operator may request an additional appraisal conducted by a party agreed upon by the LEA's and the charter school operator's selected appraisers to determine the fair market value or fair market rental value, as applicable. The cost of the additional appraisal must be shared by the parties. (3) Except as provided in subdivisions (k)(2) and (k)(4), ASD-authorized charter schools must remain under the authority of the ASD for the duration of their initial ASD charter agreements. Upon expiration of an ASD charter agreement, the school must exit the ASD and the school building must be returned to the LEA. The governing body of the charter school may apply for a new charter agreement with the LEA according to § 49-13-107 . The LEA must approve or deny the charter application pursuant to § 49-13-108 . (4) After an ASD school improves student performance such that the school is no longer identified as a priority school for two (2) consecutive cycles as referenced in (k)(1), the commissioner, in consultation with the LEA, shall implement the transition plan developed and approved by the commissioner pursuant to subdivision (k)(1)(B). If, at any time, an ASD-authorized charter school meets the priority exit criteria set forth in the state's accountability model, then the school may apply to the LEA or the commission for a new charter agreement with a term not to exceed the term of the initial ASD charter agreement. If the commission grants the ASD-authorized charter school a new charter agreement, then the commission may agree to the assignment of all rights and obligations of the ASD, including, but not limited to, the rights and obligations provided in subsection (f) relating to the use of school buildings and facilities, for the duration of the new charter agreement, and the charter school has the right to continue to use the LEA's school building for the duration of the charter agreement. Upon expiration of the new charter agreement with the commission, the charter school may apply to the commission to renew its charter agreement. If the charter agreement is renewed by the commission, then the LEA shall grant the charter school operator the option to enter into a lease agreement at or below fair market rental value to occupy the building for at least three (3) years, or to purchase the building at or below fair market value, less the value of capital repairs or improvements made to the school building by the charter school operator. After the lease period expires, if the LEA determines to sell the school building the charter school operator is leasing, the charter school operator must be provided the right of first refusal to purchase the school building at or below fair market value, less the value of all rental payments made to the LEA during the term of the lease. (5) Notwithstanding subdivision (k)(2)(B), an ASD-authorized charter school shall not apply directly to the commission for approval of a charter agreement prior to the 2022-2023 school year. (6) Notwithstanding subdivisions (k)(1)-(4) or any other provision to the contrary, the commissioner may remove any school from the jurisdiction of the ASD at any time.
(1) (A) A school that has been removed from the LEA and placed in the ASD must remain in the ASD until the school is no longer identified as a priority school pursuant to § 49-1-602 for two (2) consecutive cycles beginning with the 2017 priority school list; provided, however, that a school shall not remain in the ASD for more than a ten-year period. (B) Prior to a school exiting the ASD, the commissioner, in consultation with the LEA or the Tennessee public charter school commission, as appropriate, shall develop and approve a school transition plan for determining the school's exit from the ASD. The transition plan shall include a communication protocol for notifying the parents of students who currently attend ASD schools of the student's future school enrollment options. (C) Notwithstanding subdivision (k)(1)(A), if the LEA is identified as an LEA earning the lowest accountability determination pursuant to § 49-1-602(a) and the parents of at least sixty percent (60%) of the students enrolled at the school demonstrate support for remaining in the ASD by signing a petition, then the school may remain in the ASD beyond the initial ten-year period.
(A) A school that has been removed from the LEA and placed in the ASD must remain in the ASD until the school is no longer identified as a priority school pursuant to § 49-1-602 for two (2) consecutive cycles beginning with the 2017 priority school list; provided, however, that a school shall not remain in the ASD for more than a ten-year period.
(B) Prior to a school exiting the ASD, the commissioner, in consultation with the LEA or the Tennessee public charter school commission, as appropriate, shall develop and approve a school transition plan for determining the school's exit from the ASD. The transition plan shall include a communication protocol for notifying the parents of students who currently attend ASD schools of the student's future school enrollment options.
(C) Notwithstanding subdivision (k)(1)(A), if the LEA is identified as an LEA earning the lowest accountability determination pursuant to § 49-1-602(a) and the parents of at least sixty percent (60%) of the students enrolled at the school demonstrate support for remaining in the ASD by signing a petition, then the school may remain in the ASD beyond the initial ten-year period.
(2) Notwithstanding subdivision (k)(1) or any other provision to the contrary, the commissioner may determine that a school that entered the ASD and is operated as a charter school through authorization by the ASD pursuant to § 49-13-106 , may exit the ASD prior to the expiration of the charter school's initial ASD charter agreement. The commissioner's determination must be based on metrics, including, but not limited to, the ASD's school performance framework (SPF) and school accountability results publicly reported on the department's website annually and must specify whether: (A) The ASD-authorized charter school must apply to the LEA for authorization under § 49-13-107 before its initial ASD charter agreement expires; or (B) The ASD-authorized charter school may apply to the Tennessee public charter school commission for a new charter agreement with a term not to exceed the term of the initial ASD charter agreement. If the commission grants the ASD-authorized charter school a new charter agreement, then the commission may agree to the assignment of all rights and obligations of the ASD, including, but not limited to, the rights and obligations provided in subsection (f) relating to the use of school buildings and facilities, for the duration of the new charter agreement, and the charter school has the right to continue to use the LEA's school building for the duration of that charter agreement. Upon the expiration of the initial charter agreement with the commission, the charter school may apply to renew the charter agreement with the commission or apply to the LEA for a charter agreement. If a renewal is approved by the commission, then the LEA shall grant the charter school operator the option to enter into a lease agreement at or below fair market rental value to occupy the LEA's school building for at least three (3) years, or to purchase the building from the LEA at or below fair market value, less the value of capital repairs or improvements made to the school building by the charter school operator. After the lease period expires, if the LEA determines to sell the school building the charter school operator is leasing, the charter school operator must be provided the right of first refusal to purchase the school building at or below fair market value, less the value of all rental payments made to the LEA during the term of the lease. For purposes of this subsection (k), "fair market value" or "fair market rental value" is determined by the LEA and the charter school operator each procuring a separate appraisal of the property. If the LEA and charter school operator do not mutually agree to use either of the two (2) appraisals, or an average of the two (2) appraisals, to establish fair market value or fair market rental value, then the LEA or charter school operator may request an additional appraisal conducted by a party agreed upon by the LEA's and the charter school operator's selected appraisers to determine the fair market value or fair market rental value, as applicable. The cost of the additional appraisal must be shared by the parties.
(A) The ASD-authorized charter school must apply to the LEA for authorization under § 49-13-107 before its initial ASD charter agreement expires; or
(B) The ASD-authorized charter school may apply to the Tennessee public charter school commission for a new charter agreement with a term not to exceed the term of the initial ASD charter agreement. If the commission grants the ASD-authorized charter school a new charter agreement, then the commission may agree to the assignment of all rights and obligations of the ASD, including, but not limited to, the rights and obligations provided in subsection (f) relating to the use of school buildings and facilities, for the duration of the new charter agreement, and the charter school has the right to continue to use the LEA's school building for the duration of that charter agreement. Upon the expiration of the initial charter agreement with the commission, the charter school may apply to renew the charter agreement with the commission or apply to the LEA for a charter agreement. If a renewal is approved by the commission, then the LEA shall grant the charter school operator the option to enter into a lease agreement at or below fair market rental value to occupy the LEA's school building for at least three (3) years, or to purchase the building from the LEA at or below fair market value, less the value of capital repairs or improvements made to the school building by the charter school operator. After the lease period expires, if the LEA determines to sell the school building the charter school operator is leasing, the charter school operator must be provided the right of first refusal to purchase the school building at or below fair market value, less the value of all rental payments made to the LEA during the term of the lease. For purposes of this subsection (k), "fair market value" or "fair market rental value" is determined by the LEA and the charter school operator each procuring a separate appraisal of the property. If the LEA and charter school operator do not mutually agree to use either of the two (2) appraisals, or an average of the two (2) appraisals, to establish fair market value or fair market rental value, then the LEA or charter school operator may request an additional appraisal conducted by a party agreed upon by the LEA's and the charter school operator's selected appraisers to determine the fair market value or fair market rental value, as applicable. The cost of the additional appraisal must be shared by the parties.
(3) Except as provided in subdivisions (k)(2) and (k)(4), ASD-authorized charter schools must remain under the authority of the ASD for the duration of their initial ASD charter agreements. Upon expiration of an ASD charter agreement, the school must exit the ASD and the school building must be returned to the LEA. The governing body of the charter school may apply for a new charter agreement with the LEA according to § 49-13-107 . The LEA must approve or deny the charter application pursuant to § 49-13-108 .
(4) After an ASD school improves student performance such that the school is no longer identified as a priority school for two (2) consecutive cycles as referenced in (k)(1), the commissioner, in consultation with the LEA, shall implement the transition plan developed and approved by the commissioner pursuant to subdivision (k)(1)(B). If, at any time, an ASD-authorized charter school meets the priority exit criteria set forth in the state's accountability model, then the school may apply to the LEA or the commission for a new charter agreement with a term not to exceed the term of the initial ASD charter agreement. If the commission grants the ASD-authorized charter school a new charter agreement, then the commission may agree to the assignment of all rights and obligations of the ASD, including, but not limited to, the rights and obligations provided in subsection (f) relating to the use of school buildings and facilities, for the duration of the new charter agreement, and the charter school has the right to continue to use the LEA's school building for the duration of the charter agreement. Upon expiration of the new charter agreement with the commission, the charter school may apply to the commission to renew its charter agreement. If the charter agreement is renewed by the commission, then the LEA shall grant the charter school operator the option to enter into a lease agreement at or below fair market rental value to occupy the building for at least three (3) years, or to purchase the building at or below fair market value, less the value of capital repairs or improvements made to the school building by the charter school operator. After the lease period expires, if the LEA determines to sell the school building the charter school operator is leasing, the charter school operator must be provided the right of first refusal to purchase the school building at or below fair market value, less the value of all rental payments made to the LEA during the term of the lease.
(5) Notwithstanding subdivision (k)(2)(B), an ASD-authorized charter school shall not apply directly to the commission for approval of a charter agreement prior to the 2022-2023 school year.
(6) Notwithstanding subdivisions (k)(1)-(4) or any other provision to the contrary, the commissioner may remove any school from the jurisdiction of the ASD at any time.
(l) Any individuals, governmental entities or nonprofit entities contracting with the commissioner to operate any school under this section shall provide timely information to the LEA and director of schools regarding the operation of such schools, including, but not limited to, matters relating to employment of personnel at the school as provided for in this section. The LEA may continue to support the educational improvement of the school under the direction and guidance of the commissioner and in accordance with any contracts entered into in accordance with this section. In addition, any individuals, governmental entities or nonprofit entities contracting with the commissioner may voluntarily work with the LEA in providing to the schools professional development or technical assistance, instructional and administrative support and facilitating any other support that may be beneficial to academic progress of the school.
(m) Any contracts to operate schools that have been placed in the ASD shall require expenditure reports for funds received and expended pursuant to such contracts. Such reports shall be provided to the department of education and comptroller of the treasury for review.
(n) The department of education shall establish within the school system with the most schools operated by the ASD a four-year pilot program of assessment of kindergarten students. The pilot program shall begin with the 2012-2013 school year. Students entering kindergarten in such system in schools operated by the ASD shall be assessed by an appropriate standardized test or tests. The test shall measure the present educational levels of the students to determine how instruction should be targeted to best meet the learning needs of the students and to eliminate disparities in learning backgrounds, if any.
(o) The ASD shall adopt an appropriate dress code for its professional employees.
Amended by 2022 Tenn. Acts, ch. 966, s 36, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 966, s 35, eff. 7/1/2023.
Amended by 2021 Tenn. Acts, ch. 490, Secs.s 1, s 2, s 3, s 4 eff. 5/24/2021.
Amended by 2020 Tenn. Acts, ch. 777, s 1, eff. 7/15/2020.
Amended by 2017 Tenn. Acts, ch. 177, Secs.s 8, s 9 eff. 4/24/2017.
Amended by 2013 Tenn. Acts, ch. 263, s 1, eff. 7/1/2013.
Acts 2010 (1st Ex. Sess.), ch. 2, § 9; 2011 , ch. 378, § 8; 2012 , ch. 901, § 1; 2012 , ch. 962, § 6; 2012, ch. 1094, § 1.
Tenn. Code Ann. § 49-7-117 — TN Code / Title 49 / Chapter 7 / Section 49-7-117
Child sexual abuse courses
Status: in_force

The state university boards, the board of regents, and the board of trustees of the University of Tennessee shall require that courses in the detection and treatment of child sexual abuse be included in the curriculum of disciplines that include the training of physicians, pediatricians, psychiatrists, nurses, psychologists, and sociologists. Amended by 2018 Tenn. Acts, ch. 602,s 7, eff. 3/23/2018. Acts 1985, ch. 478, § 38.
The state university boards, the board of regents, and the board of trustees of the University of Tennessee shall require that courses in the detection and treatment of child sexual abuse be included in the curriculum of disciplines that include the training of physicians, pediatricians, psychiatrists, nurses, psychologists, and sociologists.
Amended by 2018 Tenn. Acts, ch. 602,s 7, eff. 3/23/2018.
Acts 1985, ch. 478, § 38.
Tenn. Code Ann. § 49-5-115 — TN Code / Title 49 / Chapter 5 / Section 49-5-115
Requirements for provision of technical or industry instruction - Instructor subject to investigation
Status: in_force

(a) Notwithstanding another law to the contrary, if a person holds an active industry license or credential relevant to a career and technical education course, as determined by the department of education, then the person may provide instruction to students in the career and technical education course; provided, that the instruction provided by the person is supervised at all times in the classroom by a licensed teacher who serves as the teacher of record for the course. (b) A person providing instruction to students in a career and technical education course pursuant to subsection (a) is subject to investigation pursuant to § 49-5-413 . Added by 2023 Tenn. Acts, ch. 344, s 2, eff. 7/1/2023.
(a) Notwithstanding another law to the contrary, if a person holds an active industry license or credential relevant to a career and technical education course, as determined by the department of education, then the person may provide instruction to students in the career and technical education course; provided, that the instruction provided by the person is supervised at all times in the classroom by a licensed teacher who serves as the teacher of record for the course.
(b) A person providing instruction to students in a career and technical education course pursuant to subsection (a) is subject to investigation pursuant to § 49-5-413 .
Added by 2023 Tenn. Acts, ch. 344, s 2, eff. 7/1/2023.
Tenn. Code Ann. § 49-1-214 — TN Code / Title 49 / Chapter 1 / Section 49-1-214
Safe schools - Advisory guidelines
Status: in_force

(a) The commissioner of education, in consultation with the commissioner of safety, shall develop advisory guidelines for LEAs to use in developing safe and secure learning environments in schools. Such guidelines shall emphasize consultation at the local level with appropriate law enforcement authorities. (b) The department of education may prepare and distribute to LEAs guidelines for incorporating into local staff development and in-service training the materials and speakers necessary to help educators reduce gang and individual violence, to assist in drug and alcohol abuse prevention and to provide educators with the tools for nonintrusive identification of potentially violent individuals in and around schools. The department may, upon request, assist LEAs in developing comprehensive violence, drug and alcohol abuse prevention in-service training programs. Department guidelines shall encourage the sharing of resources, the development of joint or collaborative programs and the coordination of efforts with local health departments, county and city law enforcement agencies and other public agencies providing health, drug, alcohol, gang violence prevention and other related services. (c) The department may assist LEAs in qualifying for the receipt of federal and state funds that may support local efforts to provide the in-service training programs in this section. The department shall encourage LEAs to provide written materials to assist teachers and parents working to develop a safe and secure learning environment in system schools. Within available resources, the department may provide technical assistance directly to LEAs seeking to expand teacher and student safety programs. Amended by 2019 Tenn. Acts, ch. 248,s 7, eff. 5/2/2019. Acts 1996, ch. 891, § 2; 1999, ch. 240, § 1; 1999, ch. 310, § 1; 2003, ch. 355, § 27.
(a) The commissioner of education, in consultation with the commissioner of safety, shall develop advisory guidelines for LEAs to use in developing safe and secure learning environments in schools. Such guidelines shall emphasize consultation at the local level with appropriate law enforcement authorities.
(b) The department of education may prepare and distribute to LEAs guidelines for incorporating into local staff development and in-service training the materials and speakers necessary to help educators reduce gang and individual violence, to assist in drug and alcohol abuse prevention and to provide educators with the tools for nonintrusive identification of potentially violent individuals in and around schools. The department may, upon request, assist LEAs in developing comprehensive violence, drug and alcohol abuse prevention in-service training programs. Department guidelines shall encourage the sharing of resources, the development of joint or collaborative programs and the coordination of efforts with local health departments, county and city law enforcement agencies and other public agencies providing health, drug, alcohol, gang violence prevention and other related services.
(c) The department may assist LEAs in qualifying for the receipt of federal and state funds that may support local efforts to provide the in-service training programs in this section. The department shall encourage LEAs to provide written materials to assist teachers and parents working to develop a safe and secure learning environment in system schools. Within available resources, the department may provide technical assistance directly to LEAs seeking to expand teacher and student safety programs.
Amended by 2019 Tenn. Acts, ch. 248,s 7, eff. 5/2/2019.
Acts 1996, ch. 891, § 2; 1999, ch. 240, § 1; 1999, ch. 310, § 1; 2003, ch. 355, § 27.
Tenn. Code Ann. § 49-2-206 — TN Code / Title 49 / Chapter 2 / Section 49-2-206
Executive committee - Powers and duties
Status: in_force

(a) The chair of the board of education and director of schools constitute the executive committee of the board of education. (b) The duties of the executive committee are to: (1) Meet at the office of the director as often as necessary to perform the duties required; (2) Advertise for bids and let contracts authorized by the board of education; (3) Serve as the purchasing agent for the board; provided, that this shall not apply to counties having a purchasing board nor to counties having a purchasing agent created by a private or local act; (4) Examine all accounts authorized by the board and see that the budget approved by the legislative body is not exceeded; (5) Submit at each regular meeting of the board for approval a full report of all business transacted since the last regular meeting, which report shall be recorded as a part of the minutes of the board of education; and (6) Transact any other business assigned to the committee by the board. (c) This section does not apply to an innovative school district as defined in § 49-8-1502 . Amended by 2024 Tenn. Acts, ch. 1053,s 8, eff. 5/28/2024, app. to the 2024-2025 school year and each school year thereafter. Acts 1925, ch. 115, § 6; Shan. Supp., §§ 1487a37, 1487a38; Code 1932, §§ 2327, 2327a; Acts 1957, ch. 175, § 1; T.C.A. (orig. ed.), § 49-219; Acts 1992, ch. 535, § 9.
(a) The chair of the board of education and director of schools constitute the executive committee of the board of education.
(b) The duties of the executive committee are to: (1) Meet at the office of the director as often as necessary to perform the duties required; (2) Advertise for bids and let contracts authorized by the board of education; (3) Serve as the purchasing agent for the board; provided, that this shall not apply to counties having a purchasing board nor to counties having a purchasing agent created by a private or local act; (4) Examine all accounts authorized by the board and see that the budget approved by the legislative body is not exceeded; (5) Submit at each regular meeting of the board for approval a full report of all business transacted since the last regular meeting, which report shall be recorded as a part of the minutes of the board of education; and (6) Transact any other business assigned to the committee by the board.
(1) Meet at the office of the director as often as necessary to perform the duties required;
(2) Advertise for bids and let contracts authorized by the board of education;
(3) Serve as the purchasing agent for the board; provided, that this shall not apply to counties having a purchasing board nor to counties having a purchasing agent created by a private or local act;
(4) Examine all accounts authorized by the board and see that the budget approved by the legislative body is not exceeded;
(5) Submit at each regular meeting of the board for approval a full report of all business transacted since the last regular meeting, which report shall be recorded as a part of the minutes of the board of education; and
(6) Transact any other business assigned to the committee by the board.
(c) This section does not apply to an innovative school district as defined in § 49-8-1502 .
Amended by 2024 Tenn. Acts, ch. 1053,s 8, eff. 5/28/2024, app. to the 2024-2025 school year and each school year thereafter.
Acts 1925, ch. 115, § 6; Shan. Supp., §§ 1487a37, 1487a38; Code 1932, §§ 2327, 2327a; Acts 1957, ch. 175, § 1; T.C.A. (orig. ed.), § 49-219; Acts 1992, ch. 535, § 9.
Tenn. Code Ann. § 49-2-1203 — TN Code / Title 49 / Chapter 2 / Section 49-2-1203
Director
Status: in_force

(a) Any plan of consolidation shall provide that the consolidated board of education is authorized to designate a person experienced in public school management and supervision and possessing the qualifications required of a director of schools pursuant to § 49-2-301 as the chief administrative employee of the board, and to enter into an employment contract with such person for a period not to exceed five (5) years and for a compensation to be determined in the contract. (b) The person so employed shall be designated director of consolidated schools. (c) The consolidated board of education is authorized to assign to the director such duties and responsibilities as are necessarily, usually or properly assigned to a city director of schools or to a county director of schools. Acts 1963, ch. 246, §§ 7, 7A; T.C.A., §§ 49-421, 49-422.
(a) Any plan of consolidation shall provide that the consolidated board of education is authorized to designate a person experienced in public school management and supervision and possessing the qualifications required of a director of schools pursuant to § 49-2-301 as the chief administrative employee of the board, and to enter into an employment contract with such person for a period not to exceed five (5) years and for a compensation to be determined in the contract.
(b) The person so employed shall be designated director of consolidated schools.
(c) The consolidated board of education is authorized to assign to the director such duties and responsibilities as are necessarily, usually or properly assigned to a city director of schools or to a county director of schools.
Acts 1963, ch. 246, §§ 7, 7A; T.C.A., §§ 49-421, 49-422.
Tenn. Code Ann. § 49-8-1301 — TN Code / Title 49 / Chapter 8 / Section 49-8-1301
Creation
Status: in_force

The Nashville State Technical Community College is renamed the Nashville State Community College. Acts 2002, ch. 618, § 2; 2009, ch. 352, § 5.
The Nashville State Technical Community College is renamed the Nashville State Community College.
Acts 2002, ch. 618, § 2; 2009, ch. 352, § 5.
Tenn. Code Ann. § 49-6-3703 — TN Code / Title 49 / Chapter 6 / Section 49-6-3703
Creation and development of four-year school turnaround pilot program for priority schools - Selection of priority schools - Operation and administration of program - Report
Status: in_force

(a) The department shall create and develop a four-year school turnaround pilot program for priority schools pursuant to § 49-6-3704 . (b) The department shall select five (5) priority schools that are diverse in grade levels to participate in the pilot program. The department shall select at least one (1) priority school from each grand division of this state to ensure that the priority schools selected to participate in the pilot program are geographically diverse. (c) The department shall operate and administer the pilot program for four (4) school years beginning with the 2021-2022 school year. In the 2021-2022 school year, schools in need of intervention must develop a school turnaround plan. (d) (1) In the three (3) school years from the 2022-2023 school year through the 2024-2025 school year, each school in need of intervention must implement the school's respective school turnaround plan. The department shall not require a school in need of intervention that exits the pilot program pursuant to § 49-6-3705(b)(2) to continue implementing the school turnaround plan developed by the school. (2) The department shall evaluate the progress of each school in need of intervention to determine whether the school meets the priority school exit criteria established by the state's federally approved Every Student Succeeds Act (ESSA) plan established pursuant to the Every Student Succeeds Act (ESSA) ( 20 U.S.C. § 6301 et seq.) at the end of each school year of the pilot program. The department shall begin the department's evaluations of schools in need of intervention pursuant to this subdivision (d)(2) following the 2022-2023 school year and shall conclude its evaluations at the end of the 2024-2025 school year. (e) By October 1, following the end of each school year in which the school turnaround pilot program is in effect, and at the end of the pilot program, the department shall file with the education committees of the senate and the house of representatives a report evaluating the progress of the pilot program. The report must address the implementation and effectiveness of comprehensive support and improvement plans implemented by non-pilot schools and school turnaround plans implemented by schools in need of intervention in addressing the prioritized needs of the respective school that resulted in the school's designation as a priority school. The final report must: (1) Compare the student performance outcomes for the schools in need of intervention and for the non-pilot schools; (2) Compare the outcomes for each of the schools in need of intervention, identifying: (A) How the school turnaround plans developed by the schools in need of intervention that met the priority school exit criteria during the pilot program differ from the schools in need of intervention that did not meet the priority school exit criteria during the pilot program; and (B) How the schools in need of intervention that did not meet the priority school exit criteria during the pilot program improved, if at all, during the pilot program; and (3) Make recommendations as to whether the school turnaround plans developed as part of the pilot program should be replicated in non-pilot schools. Amended by 2024 Tenn. Acts, ch. 863,s 1, eff. 5/1/2024. Added by 2021 Tenn. Acts, ch. 77, s 2, eff. 1/1/2022.
(a) The department shall create and develop a four-year school turnaround pilot program for priority schools pursuant to § 49-6-3704 .
(b) The department shall select five (5) priority schools that are diverse in grade levels to participate in the pilot program. The department shall select at least one (1) priority school from each grand division of this state to ensure that the priority schools selected to participate in the pilot program are geographically diverse.
(c) The department shall operate and administer the pilot program for four (4) school years beginning with the 2021-2022 school year. In the 2021-2022 school year, schools in need of intervention must develop a school turnaround plan.
(d) (1) In the three (3) school years from the 2022-2023 school year through the 2024-2025 school year, each school in need of intervention must implement the school's respective school turnaround plan. The department shall not require a school in need of intervention that exits the pilot program pursuant to § 49-6-3705(b)(2) to continue implementing the school turnaround plan developed by the school. (2) The department shall evaluate the progress of each school in need of intervention to determine whether the school meets the priority school exit criteria established by the state's federally approved Every Student Succeeds Act (ESSA) plan established pursuant to the Every Student Succeeds Act (ESSA) ( 20 U.S.C. § 6301 et seq.) at the end of each school year of the pilot program. The department shall begin the department's evaluations of schools in need of intervention pursuant to this subdivision (d)(2) following the 2022-2023 school year and shall conclude its evaluations at the end of the 2024-2025 school year.
(1) In the three (3) school years from the 2022-2023 school year through the 2024-2025 school year, each school in need of intervention must implement the school's respective school turnaround plan. The department shall not require a school in need of intervention that exits the pilot program pursuant to § 49-6-3705(b)(2) to continue implementing the school turnaround plan developed by the school.
(2) The department shall evaluate the progress of each school in need of intervention to determine whether the school meets the priority school exit criteria established by the state's federally approved Every Student Succeeds Act (ESSA) plan established pursuant to the Every Student Succeeds Act (ESSA) ( 20 U.S.C. § 6301 et seq.) at the end of each school year of the pilot program. The department shall begin the department's evaluations of schools in need of intervention pursuant to this subdivision (d)(2) following the 2022-2023 school year and shall conclude its evaluations at the end of the 2024-2025 school year.
(e) By October 1, following the end of each school year in which the school turnaround pilot program is in effect, and at the end of the pilot program, the department shall file with the education committees of the senate and the house of representatives a report evaluating the progress of the pilot program. The report must address the implementation and effectiveness of comprehensive support and improvement plans implemented by non-pilot schools and school turnaround plans implemented by schools in need of intervention in addressing the prioritized needs of the respective school that resulted in the school's designation as a priority school. The final report must: (1) Compare the student performance outcomes for the schools in need of intervention and for the non-pilot schools; (2) Compare the outcomes for each of the schools in need of intervention, identifying: (A) How the school turnaround plans developed by the schools in need of intervention that met the priority school exit criteria during the pilot program differ from the schools in need of intervention that did not meet the priority school exit criteria during the pilot program; and (B) How the schools in need of intervention that did not meet the priority school exit criteria during the pilot program improved, if at all, during the pilot program; and (3) Make recommendations as to whether the school turnaround plans developed as part of the pilot program should be replicated in non-pilot schools.
(1) Compare the student performance outcomes for the schools in need of intervention and for the non-pilot schools;
(2) Compare the outcomes for each of the schools in need of intervention, identifying: (A) How the school turnaround plans developed by the schools in need of intervention that met the priority school exit criteria during the pilot program differ from the schools in need of intervention that did not meet the priority school exit criteria during the pilot program; and (B) How the schools in need of intervention that did not meet the priority school exit criteria during the pilot program improved, if at all, during the pilot program; and
(A) How the school turnaround plans developed by the schools in need of intervention that met the priority school exit criteria during the pilot program differ from the schools in need of intervention that did not meet the priority school exit criteria during the pilot program; and
(B) How the schools in need of intervention that did not meet the priority school exit criteria during the pilot program improved, if at all, during the pilot program; and
(3) Make recommendations as to whether the school turnaround plans developed as part of the pilot program should be replicated in non-pilot schools.
Amended by 2024 Tenn. Acts, ch. 863,s 1, eff. 5/1/2024.
Added by 2021 Tenn. Acts, ch. 77, s 2, eff. 1/1/2022.
Tenn. Code Ann. § 49-9-1408 — TN Code / Title 49 / Chapter 9 / Section 49-9-1408
Liberal construction
Status: in_force

This part shall constitute full and complete authority, without regard to any other law, for the doing of the acts and things authorized in this part and shall be liberally construed to effect its purposes. If this part is inconsistent with any other law, this part shall be controlling; provided, that §§ 4-15-102 , 12-2-112 , 12-2-114 and 12-2-115 shall apply to transactions between the university and entities described in § 49-9-1402(a) ; and provided, further, that nothing in this part shall be construed to amend, repeal or supersede the provisions of or the obligations of the state or the university's board of trustees under §§ 9-9-113(b) and 49-3-1206 or any agreements entered into by the board of trustees under § 49-3-1206 . Acts 2000, ch. 784, § 1.
This part shall constitute full and complete authority, without regard to any other law, for the doing of the acts and things authorized in this part and shall be liberally construed to effect its purposes. If this part is inconsistent with any other law, this part shall be controlling; provided, that §§ 4-15-102 , 12-2-112 , 12-2-114 and 12-2-115 shall apply to transactions between the university and entities described in § 49-9-1402(a) ; and provided, further, that nothing in this part shall be construed to amend, repeal or supersede the provisions of or the obligations of the state or the university's board of trustees under §§ 9-9-113(b) and 49-3-1206 or any agreements entered into by the board of trustees under § 49-3-1206 .
Acts 2000, ch. 784, § 1.
Tenn. Code Ann. § 49-10-805 — TN Code / Title 49 / Chapter 10 / Section 49-10-805
[Repealed]
Status: repealed

Repealed by 2018 Tenn. Acts, ch. 725, s 50, eff. 4/18/2018. Acts 1917, ch. 34, § 3; Shan., § 2659a3b3 (p. 6569); Shan. Supp., § 2659a5; Code 1932, § 4551; T.C.A. (orig. ed.), § 49-3021.
Repealed by 2018 Tenn. Acts, ch. 725, s 50, eff. 4/18/2018.
Acts 1917, ch. 34, § 3; Shan., § 2659a3b3 (p. 6569); Shan. Supp., § 2659a5; Code 1932, § 4551; T.C.A. (orig. ed.), § 49-3021.
Tenn. Code Ann. § 49-6-309 — TN Code / Title 49 / Chapter 6 / Section 49-6-309
Access and opportunity act
Status: in_force

(a) Each LEA and public charter school shall provide transfer students and home school students who enroll or re-enroll in the LEA or public charter school in good academic standing with equal access to all academic and arts programs, clubs, events, and opportunities offered by the LEA or public charter school as provided to non-transfer students enrolled in the LEA or public charter school. (b) Transfer students and home school students who enroll or re-enroll in an LEA or public charter school in good academic standing are immediately eligible to participate in all academic and arts programs, clubs, events, and opportunities offered by the LEA or public charter school. (c) An LEA or public charter school is not required to guarantee a transfer student or a home school student who enrolls or re-enrolls in the LEA or public charter school a place or position on any team, club, or organization. LEAs and public charter schools are only required to provide such students the same opportunity to try out or participate that is provided to non-transfer students. Added by 2023 Tenn. Acts, ch. 165, s 2, eff. 4/17/2023.
(a) Each LEA and public charter school shall provide transfer students and home school students who enroll or re-enroll in the LEA or public charter school in good academic standing with equal access to all academic and arts programs, clubs, events, and opportunities offered by the LEA or public charter school as provided to non-transfer students enrolled in the LEA or public charter school.
(b) Transfer students and home school students who enroll or re-enroll in an LEA or public charter school in good academic standing are immediately eligible to participate in all academic and arts programs, clubs, events, and opportunities offered by the LEA or public charter school.
(c) An LEA or public charter school is not required to guarantee a transfer student or a home school student who enrolls or re-enrolls in the LEA or public charter school a place or position on any team, club, or organization. LEAs and public charter schools are only required to provide such students the same opportunity to try out or participate that is provided to non-transfer students.
Added by 2023 Tenn. Acts, ch. 165, s 2, eff. 4/17/2023.
Tenn. Code Ann. § 49-10-1403 — TN Code / Title 49 / Chapter 10 / Section 49-10-1403
Parental agreement for participation in individualized education account (IEA)
Status: in_force

(a) A parent of an eligible student shall qualify to participate in the program if the parent signs an agreement promising: (1) To provide an education for the participating student in at least the subjects of English language arts, mathematics, social studies, and science; and (2) Not to enroll the parent's eligible student in a public school during participation in the IEA program and to release the LEA in which the student resides and is zoned to attend from all obligations to educate the student. Participation in the program shall have the same effect as a parental refusal to consent to the receipt of services under 20 U.S.C. § 1414 of the Individuals with Disabilities Education Act (IDEA). (b) Parents shall agree to use the funds deposited in a participating student's IEA for any, or any combination, of the following expenses of the participating student: (1) Tuition or fees at a participating school; (2) Textbooks required by a participating school; (3) Tutoring services provided by a tutor or tutoring facility that meets the requirements set by the department and the state board of education; (4) Payment for purchase of curriculum, including any supplemental materials required by the curriculum; (5) Fees for transportation paid to a fee-for-service transportation provider; (6) Tuition or fees for a nonpublic online learning program or course that meets the requirements set by the department and the state board of education; (7) Fees for nationally standardized norm-referenced achievement tests, Advanced Placement examinations, or any examinations related to college or university admission; (8) Contributions to a Coverdell education savings account established under 26 U.S.C. § 530 for the benefit of the participating student, except that funds used for elementary or secondary education expenses shall be for expenses otherwise allowed under this section; (9) Educational therapies or services provided by therapists that meet the requirements set by the department and the state board of education; (10) Services provided under a contract with a public school, including individual classes and extracurricular programs; (11) Tuition or fees at an eligible postsecondary institution; (12) Textbooks required for courses at an eligible postsecondary institution; (13) Fees for the management of the IEA by private financial management firms; (14) Computer hardware or other technological devices approved by the department or a licensed treating physician, if the computer hardware or other technological device is used for the student's educational needs; or (15) Contributions to an achieving a better life experience account in accordance with the ABLE Act, compiled in title 71, chapter 4, part 8, and the rules promulgated pursuant thereto, for the benefit of a participating student; provided, that the funds are used only for the student's education expenses subject to the rules established by the achieving a better life experience program and that the student meets the qualifications to participate in the achieving a better life experience program pursuant to the ABLE Act, and § 529A of the Internal Revenue Code of 1986 ( 26 U.S.C. § 529A ), as amended, and all rules, regulations, notices, and interpretations released by the United States department of treasury, including the internal revenue service. (c) Parents may make payments for the costs of educational programs and services not covered by the funds in their IEA. (d) A participating school shall notify the department whether the school provides inclusive educational settings. The department shall indicate those schools that provide inclusive educational settings in its posting of participating schools on its website under § 49-10-1405(a)(7) . (e) For participating students in grades three through eight (3-8), a parent shall ensure that the student is annually administered either a nationally norm-referenced test identified by the department or the Tennessee comprehensive assessment program (TCAP) tests or any future replacements of the TCAP tests. The tests should, at a minimum, measure learning in mathematics and English language arts. Results of the testing shall be reported to the parent. Students with disabilities who would have participated in the alternate assessment, as determined on the student's IEP, are exempt from this requirement. (f) For purposes of continuity of educational attainment, a student who enrolls in the program shall remain eligible until the participating student returns to a public school, graduates from high school, or reaches twenty-two (22) years of age by August 15 for the next school year, whichever occurs first. (g) Notwithstanding subdivision (a)(2), a participating student 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 IEA shall be closed, and any remaining funds shall 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 . (h) Any funds remaining in a student's IEA upon graduation from high school may be used to attend or take courses from an eligible postsecondary institution, with qualifying expenses subject to the applicable conditions of subsection (b). (i) A participating student's IEA shall be closed, and any remaining funds shall 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 , if a participating student graduates from a postsecondary institution, after a period of four (4) consecutive years after a student enrolls in a postsecondary institution, or after any period of four (4) consecutive years after high school graduation in which the student is not enrolled in an eligible postsecondary institution, whichever occurs first. (j) Funds received pursuant to this part do not constitute income taxable to the parent of the participating student or to the student under title 67, chapter 2. All contributions or distributions made to, or on behalf of, participating students pursuant to any IEA authorized by this part are exempt from all state and local taxation under title 67 or other state law. Amended by 2022 Tenn. Acts, ch. 966, s 65, eff. 7/1/2023. Amended by 2021 Tenn. Acts, ch. 113, s 1, eff. 4/13/2021. Amended by 2017 Tenn. Acts, ch. 305, Secs.s 4, s 5, s 6, s 7, s 8, s 9, s 10, s 11, s 12, s 13 eff. 5/5/2017. Amended by 2016 Tenn. Acts, ch. 793, s 1, eff. 4/12/2016. Added by 2015 Tenn. Acts, ch. 431, s 4, eff. 1/1/2016.
(a) A parent of an eligible student shall qualify to participate in the program if the parent signs an agreement promising: (1) To provide an education for the participating student in at least the subjects of English language arts, mathematics, social studies, and science; and (2) Not to enroll the parent's eligible student in a public school during participation in the IEA program and to release the LEA in which the student resides and is zoned to attend from all obligations to educate the student. Participation in the program shall have the same effect as a parental refusal to consent to the receipt of services under 20 U.S.C. § 1414 of the Individuals with Disabilities Education Act (IDEA).
(1) To provide an education for the participating student in at least the subjects of English language arts, mathematics, social studies, and science; and
(2) Not to enroll the parent's eligible student in a public school during participation in the IEA program and to release the LEA in which the student resides and is zoned to attend from all obligations to educate the student. Participation in the program shall have the same effect as a parental refusal to consent to the receipt of services under 20 U.S.C. § 1414 of the Individuals with Disabilities Education Act (IDEA).
(b) Parents shall agree to use the funds deposited in a participating student's IEA for any, or any combination, of the following expenses of the participating student: (1) Tuition or fees at a participating school; (2) Textbooks required by a participating school; (3) Tutoring services provided by a tutor or tutoring facility that meets the requirements set by the department and the state board of education; (4) Payment for purchase of curriculum, including any supplemental materials required by the curriculum; (5) Fees for transportation paid to a fee-for-service transportation provider; (6) Tuition or fees for a nonpublic online learning program or course that meets the requirements set by the department and the state board of education; (7) Fees for nationally standardized norm-referenced achievement tests, Advanced Placement examinations, or any examinations related to college or university admission; (8) Contributions to a Coverdell education savings account established under 26 U.S.C. § 530 for the benefit of the participating student, except that funds used for elementary or secondary education expenses shall be for expenses otherwise allowed under this section; (9) Educational therapies or services provided by therapists that meet the requirements set by the department and the state board of education; (10) Services provided under a contract with a public school, including individual classes and extracurricular programs; (11) Tuition or fees at an eligible postsecondary institution; (12) Textbooks required for courses at an eligible postsecondary institution; (13) Fees for the management of the IEA by private financial management firms; (14) Computer hardware or other technological devices approved by the department or a licensed treating physician, if the computer hardware or other technological device is used for the student's educational needs; or (15) Contributions to an achieving a better life experience account in accordance with the ABLE Act, compiled in title 71, chapter 4, part 8, and the rules promulgated pursuant thereto, for the benefit of a participating student; provided, that the funds are used only for the student's education expenses subject to the rules established by the achieving a better life experience program and that the student meets the qualifications to participate in the achieving a better life experience program pursuant to the ABLE Act, and § 529A of the Internal Revenue Code of 1986 ( 26 U.S.C. § 529A ), as amended, and all rules, regulations, notices, and interpretations released by the United States department of treasury, including the internal revenue service.
(1) Tuition or fees at a participating school;
(2) Textbooks required by a participating school;
(3) Tutoring services provided by a tutor or tutoring facility that meets the requirements set by the department and the state board of education;
(4) Payment for purchase of curriculum, including any supplemental materials required by the curriculum;
(5) Fees for transportation paid to a fee-for-service transportation provider;
(6) Tuition or fees for a nonpublic online learning program or course that meets the requirements set by the department and the state board of education;
(7) Fees for nationally standardized norm-referenced achievement tests, Advanced Placement examinations, or any examinations related to college or university admission;
(8) Contributions to a Coverdell education savings account established under 26 U.S.C. § 530 for the benefit of the participating student, except that funds used for elementary or secondary education expenses shall be for expenses otherwise allowed under this section;
(9) Educational therapies or services provided by therapists that meet the requirements set by the department and the state board of education;
(10) Services provided under a contract with a public school, including individual classes and extracurricular programs;
(11) Tuition or fees at an eligible postsecondary institution;
(12) Textbooks required for courses at an eligible postsecondary institution;
(13) Fees for the management of the IEA by private financial management firms;
(14) Computer hardware or other technological devices approved by the department or a licensed treating physician, if the computer hardware or other technological device is used for the student's educational needs; or
(15) Contributions to an achieving a better life experience account in accordance with the ABLE Act, compiled in title 71, chapter 4, part 8, and the rules promulgated pursuant thereto, for the benefit of a participating student; provided, that the funds are used only for the student's education expenses subject to the rules established by the achieving a better life experience program and that the student meets the qualifications to participate in the achieving a better life experience program pursuant to the ABLE Act, and § 529A of the Internal Revenue Code of 1986 ( 26 U.S.C. § 529A ), as amended, and all rules, regulations, notices, and interpretations released by the United States department of treasury, including the internal revenue service.
(c) Parents may make payments for the costs of educational programs and services not covered by the funds in their IEA.
(d) A participating school shall notify the department whether the school provides inclusive educational settings. The department shall indicate those schools that provide inclusive educational settings in its posting of participating schools on its website under § 49-10-1405(a)(7) .
(e) For participating students in grades three through eight (3-8), a parent shall ensure that the student is annually administered either a nationally norm-referenced test identified by the department or the Tennessee comprehensive assessment program (TCAP) tests or any future replacements of the TCAP tests. The tests should, at a minimum, measure learning in mathematics and English language arts. Results of the testing shall be reported to the parent. Students with disabilities who would have participated in the alternate assessment, as determined on the student's IEP, are exempt from this requirement.
(f) For purposes of continuity of educational attainment, a student who enrolls in the program shall remain eligible until the participating student returns to a public school, graduates from high school, or reaches twenty-two (22) years of age by August 15 for the next school year, whichever occurs first.
(g) Notwithstanding subdivision (a)(2), a participating student 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 IEA shall be closed, and any remaining funds shall 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 .
(h) Any funds remaining in a student's IEA upon graduation from high school may be used to attend or take courses from an eligible postsecondary institution, with qualifying expenses subject to the applicable conditions of subsection (b).
(i) A participating student's IEA shall be closed, and any remaining funds shall 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 , if a participating student graduates from a postsecondary institution, after a period of four (4) consecutive years after a student enrolls in a postsecondary institution, or after any period of four (4) consecutive years after high school graduation in which the student is not enrolled in an eligible postsecondary institution, whichever occurs first.
(j) Funds received pursuant to this part do not constitute income taxable to the parent of the participating student or to the student under title 67, chapter 2. All contributions or distributions made to, or on behalf of, participating students pursuant to any IEA authorized by this part are exempt from all state and local taxation under title 67 or other state law.
Amended by 2022 Tenn. Acts, ch. 966, s 65, eff. 7/1/2023.
Amended by 2021 Tenn. Acts, ch. 113, s 1, eff. 4/13/2021.
Amended by 2017 Tenn. Acts, ch. 305, Secs.s 4, s 5, s 6, s 7, s 8, s 9, s 10, s 11, s 12, s 13 eff. 5/5/2017.
Amended by 2016 Tenn. Acts, ch. 793, s 1, eff. 4/12/2016.
Added by 2015 Tenn. Acts, ch. 431, s 4, eff. 1/1/2016.
Tenn. Code Ann. § 49-11-301 — TN Code / Title 49 / Chapter 11 / Section 49-11-301
Establishment authorized
Status: in_force

The establishment of career and technical education centers is authorized. Amended by 2015 Tenn. Acts, ch. 55,s 15, eff. 4/6/2015. Acts 1947, ch. 98, § 1; C. Supp. 1950, § 2483.11 (Williams, § 2483.5); T.C.A. (orig. ed.), § 49-2601.
The establishment of career and technical education centers is authorized.
Amended by 2015 Tenn. Acts, ch. 55,s 15, eff. 4/6/2015.
Acts 1947, ch. 98, § 1; C. Supp. 1950, § 2483.11 (Williams, § 2483.5); T.C.A. (orig. ed.), § 49-2601.
Tenn. Code Ann. § 49-4-704 — TN Code / Title 49 / Chapter 4 / Section 49-4-704
Scholarship program for dependent children of emergency personnel - Short title - Definitions
Status: in_force

(a) This section shall be known and may be cited as the "Dependent Children Scholarship Act." (b) As used in this section, unless the context otherwise requires: (1) "Corporation" means the Tennessee student assistance corporation; (2) "Dependent child" means a natural child, stepchild or adopted child who is either living with or receiving regular support contributions from a law enforcement officer, firefighter or emergency medical service technician at the time of the employee's death or total and permanent disability. "Dependent child" also means a posthumous child; (3) "Eligible postsecondary institution" or "institution" has the same meaning as defined in § 49-4-902 ; (4) "Eligible program of study" means, beginning with the fall semester of the 2022-2023 academic year: (A) A curriculum of courses leading to a certificate or diploma at a Tennessee college of applied technology; or (B) A federal Title IV-eligible curriculum of courses leading to a certificate, diploma, or an associate or baccalaureate degree at an eligible postsecondary institution; (5) "Emergency medical service technician" means an individual who possesses a valid certificate issued pursuant to title 68, chapter 140; (6) "Firefighter" is defined as in § 4-24-201 or a bona fide member of a volunteer fire department; (7) "Law enforcement officer" means any police officer of a Tennessee municipality, any commissioned member of the department of safety, the wildlife resources agency, or the Tennessee bureau of investigation, and any Tennessee county sheriff or deputy sheriff actually engaged in law enforcement, or any correctional officer employed by the department of correction or the department of children's services; (8) "Resident" means a person who was a resident of this state as classified pursuant to § 49-8-104 , at the time the law enforcement officer, firefighter, or emergency medical service technician died or became totally and permanently disabled; and (9) "Totally and permanently disabled" means unable to engage in any substantial gainful activity because of a medically determinable impairment that is certified by a licensed physician and is expected to continue for a long and indefinite period of time or to result in death. (c) A resident of this state who is a dependent child of a law enforcement officer, firefighter or emergency medical service technician who has been killed or totally and permanently disabled while performing duties within the scope of such employment may receive a scholarship provided by this section, except to the extent the dependent child receives educational benefits or scholarship aid from other sources. The corporation shall require a dependent child to also apply to other government programs of student grant assistance for which, in the judgment of the corporation, the dependent child is eligible. (d) Every dependent child desiring a scholarship under this section shall make application to the corporation. The application shall be accompanied by evidence satisfactory to the corporation that the law enforcement officer, firefighter or emergency medical service technician was killed or totally and permanently disabled while performing duties within the scope of such employment. The application shall also be accompanied by the certification of the financial aid officer of the institution the dependent child plans to attend, stating that the dependent child has been accepted for admission and setting forth the costs of attending the institution and the amount of financial assistance to be provided from other sources. (e) To the extent funds are available, the corporation shall award a scholarship to an eligible applicant for full-time postsecondary undergraduate or vocational study in an eligible program of study at an eligible postsecondary institution. If funds are insufficient to provide scholarships to all eligible applicants, then awards must be based on the financial need of the student as determined by guidelines established by the corporation. Except as provided by other scholarship or educational aid programs, the scholarship award must include tuition and other required fees and allowances for books, supplies, and room and board. (f) The duration of a scholarship award shall be four (4) academic years or the period required for the completion of the appropriate course of study, whichever is less; provided, that a scholarship recipient enrolled in an undergraduate degree program that requires more than four (4) academic years for completion may apply to the corporation during the fourth year for an extension of the scholarship award to the fifth year, in which event duration of the award shall not exceed five (5) years. Upon certification by the eligible postsecondary institution that the recipient has successfully completed the fourth year of study of an approved five-year program, the corporation shall extend the scholarship award to the fifth year. (g) Payment of scholarships shall be made directly to the recipient in approximately equal installments at the beginning of each academic term upon receipt by the corporation of evidence that the recipient is officially enrolled in an eligible postsecondary institution. (h) Payment of scholarships shall immediately terminate if at any time the recipient ceases to continue as a full-time student in good standing and ceases making satisfactory progress in the institution in which the recipient is enrolled. With the approval of the corporation, the recipient may transfer to another eligible postsecondary institution if the course of study so requires or if it appears to the corporation that it is in the best interest of the recipient to make a transfer. (i) The corporation is authorized and directed to make such rules and regulations governing the making of scholarships as it deems necessary to carry out and to make effective the purposes of this section. Amended by 2022 Tenn. Acts, ch. 1107, Secs.s6, s7, s8 eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 1107, s 5, eff. 7/1/2022. Amended by 2020 Tenn. Acts, ch. 794, Secs.s17, s62 eff. 8/1/2020. Acts 1980, ch. 648, §§ 1-6; 1983, ch. 202, §§ 1-4; T.C.A., §§ 49-50-201 -- 49-50-206; Acts 1988, ch. 797, § 1; 1989, ch. 278, § 72; 1995, ch. 305, § 106; 1996, ch. 1079, § 140.
(a) This section shall be known and may be cited as the "Dependent Children Scholarship Act."
(b) As used in this section, unless the context otherwise requires: (1) "Corporation" means the Tennessee student assistance corporation; (2) "Dependent child" means a natural child, stepchild or adopted child who is either living with or receiving regular support contributions from a law enforcement officer, firefighter or emergency medical service technician at the time of the employee's death or total and permanent disability. "Dependent child" also means a posthumous child; (3) "Eligible postsecondary institution" or "institution" has the same meaning as defined in § 49-4-902 ; (4) "Eligible program of study" means, beginning with the fall semester of the 2022-2023 academic year: (A) A curriculum of courses leading to a certificate or diploma at a Tennessee college of applied technology; or (B) A federal Title IV-eligible curriculum of courses leading to a certificate, diploma, or an associate or baccalaureate degree at an eligible postsecondary institution; (5) "Emergency medical service technician" means an individual who possesses a valid certificate issued pursuant to title 68, chapter 140; (6) "Firefighter" is defined as in § 4-24-201 or a bona fide member of a volunteer fire department; (7) "Law enforcement officer" means any police officer of a Tennessee municipality, any commissioned member of the department of safety, the wildlife resources agency, or the Tennessee bureau of investigation, and any Tennessee county sheriff or deputy sheriff actually engaged in law enforcement, or any correctional officer employed by the department of correction or the department of children's services; (8) "Resident" means a person who was a resident of this state as classified pursuant to § 49-8-104 , at the time the law enforcement officer, firefighter, or emergency medical service technician died or became totally and permanently disabled; and (9) "Totally and permanently disabled" means unable to engage in any substantial gainful activity because of a medically determinable impairment that is certified by a licensed physician and is expected to continue for a long and indefinite period of time or to result in death.
(1) "Corporation" means the Tennessee student assistance corporation;
(2) "Dependent child" means a natural child, stepchild or adopted child who is either living with or receiving regular support contributions from a law enforcement officer, firefighter or emergency medical service technician at the time of the employee's death or total and permanent disability. "Dependent child" also means a posthumous child;
(3) "Eligible postsecondary institution" or "institution" has the same meaning as defined in § 49-4-902 ;
(4) "Eligible program of study" means, beginning with the fall semester of the 2022-2023 academic year: (A) A curriculum of courses leading to a certificate or diploma at a Tennessee college of applied technology; or (B) A federal Title IV-eligible curriculum of courses leading to a certificate, diploma, or an associate or baccalaureate degree at an eligible postsecondary institution;
(A) A curriculum of courses leading to a certificate or diploma at a Tennessee college of applied technology; or
(B) A federal Title IV-eligible curriculum of courses leading to a certificate, diploma, or an associate or baccalaureate degree at an eligible postsecondary institution;
(5) "Emergency medical service technician" means an individual who possesses a valid certificate issued pursuant to title 68, chapter 140;
(6) "Firefighter" is defined as in § 4-24-201 or a bona fide member of a volunteer fire department;
(7) "Law enforcement officer" means any police officer of a Tennessee municipality, any commissioned member of the department of safety, the wildlife resources agency, or the Tennessee bureau of investigation, and any Tennessee county sheriff or deputy sheriff actually engaged in law enforcement, or any correctional officer employed by the department of correction or the department of children's services;
(8) "Resident" means a person who was a resident of this state as classified pursuant to § 49-8-104 , at the time the law enforcement officer, firefighter, or emergency medical service technician died or became totally and permanently disabled; and
(9) "Totally and permanently disabled" means unable to engage in any substantial gainful activity because of a medically determinable impairment that is certified by a licensed physician and is expected to continue for a long and indefinite period of time or to result in death.
(c) A resident of this state who is a dependent child of a law enforcement officer, firefighter or emergency medical service technician who has been killed or totally and permanently disabled while performing duties within the scope of such employment may receive a scholarship provided by this section, except to the extent the dependent child receives educational benefits or scholarship aid from other sources. The corporation shall require a dependent child to also apply to other government programs of student grant assistance for which, in the judgment of the corporation, the dependent child is eligible.
(d) Every dependent child desiring a scholarship under this section shall make application to the corporation. The application shall be accompanied by evidence satisfactory to the corporation that the law enforcement officer, firefighter or emergency medical service technician was killed or totally and permanently disabled while performing duties within the scope of such employment. The application shall also be accompanied by the certification of the financial aid officer of the institution the dependent child plans to attend, stating that the dependent child has been accepted for admission and setting forth the costs of attending the institution and the amount of financial assistance to be provided from other sources.
(e) To the extent funds are available, the corporation shall award a scholarship to an eligible applicant for full-time postsecondary undergraduate or vocational study in an eligible program of study at an eligible postsecondary institution. If funds are insufficient to provide scholarships to all eligible applicants, then awards must be based on the financial need of the student as determined by guidelines established by the corporation. Except as provided by other scholarship or educational aid programs, the scholarship award must include tuition and other required fees and allowances for books, supplies, and room and board.
(f) The duration of a scholarship award shall be four (4) academic years or the period required for the completion of the appropriate course of study, whichever is less; provided, that a scholarship recipient enrolled in an undergraduate degree program that requires more than four (4) academic years for completion may apply to the corporation during the fourth year for an extension of the scholarship award to the fifth year, in which event duration of the award shall not exceed five (5) years. Upon certification by the eligible postsecondary institution that the recipient has successfully completed the fourth year of study of an approved five-year program, the corporation shall extend the scholarship award to the fifth year.
(g) Payment of scholarships shall be made directly to the recipient in approximately equal installments at the beginning of each academic term upon receipt by the corporation of evidence that the recipient is officially enrolled in an eligible postsecondary institution.
(h) Payment of scholarships shall immediately terminate if at any time the recipient ceases to continue as a full-time student in good standing and ceases making satisfactory progress in the institution in which the recipient is enrolled. With the approval of the corporation, the recipient may transfer to another eligible postsecondary institution if the course of study so requires or if it appears to the corporation that it is in the best interest of the recipient to make a transfer.
(i) The corporation is authorized and directed to make such rules and regulations governing the making of scholarships as it deems necessary to carry out and to make effective the purposes of this section.
Amended by 2022 Tenn. Acts, ch. 1107, Secs.s6, s7, s8 eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 1107, s 5, eff. 7/1/2022.
Amended by 2020 Tenn. Acts, ch. 794, Secs.s17, s62 eff. 8/1/2020.
Acts 1980, ch. 648, §§ 1-6; 1983, ch. 202, §§ 1-4; T.C.A., §§ 49-50-201 -- 49-50-206; Acts 1988, ch. 797, § 1; 1989, ch. 278, § 72; 1995, ch. 305, § 106; 1996, ch. 1079, § 140.
Tenn. Code Ann. § 49-50-1601 — TN Code / Title 49 / Chapter 50 / Section 49-50-1601
Self-administration of pancreatic enzymes
Status: in_force

(a) As used in this section: (1) "Emergency care plan" (ECP) means a child-specific action plan to facilitate quick and appropriate responses for an individual emergency in the school setting; (2) "Individualized healthcare plan" (IHP) means a written plan of care developed at the local level to outline the provision of student healthcare services intended to achieve specific student outcomes. The IHP is part of the nursing process that is detailed in the National Association of School Nurses Position Statement: Individualized Healthcare Plans, The Role of the School Nurse (2013); (3) "Pancreatic insufficiency" means a disorder of the digestive system. Pancreatic insufficiency may include the diagnosis of cystic fibrosis, a chronic disease that affects the lungs and digestive system. (b) Self-administration in accordance with this section shall permit a student diagnosed with pancreatic insufficiency or cystic fibrosis to self-manage prescribed pancreatic enzyme therapy in the manner directed by the licensed healthcare provider without additional assistance or direction. (c) An emergency care plan (ECP) may be a component of a student's individualized healthcare plan (IHP). The ECP shall specify when the emergency number (911) will be called and describe a plan of action when the student is unable to self-administer medication or self-manage treatment as prescribed. (d) (1) An IHP under this section shall be developed by a registered nurse (RN) in collaboration with the family, student, student's healthcare providers, and school personnel for the management of pancreatic insufficiency or cystic fibrosis while in school, participating in school-sponsored activities, and in transit to or from school or school-sponsored activities. (2) The IHP shall be child-specific and shall address or include: (A) A written format for nursing assessment that includes health status, risks, concerns, and strengths; (B) Nursing diagnoses; (C) Interventions; (D) Delegation; (E) Training; (F) Expected outcomes; and (G) Goals to: (i) Meet the healthcare needs of a student with pancreatic insufficiency or cystic fibrosis; and (ii) Protect the safety of all students from the misuse or abuse of medication. (e) With written authorization from the healthcare provider and parent, a student with pancreatic insufficiency or cystic fibrosis shall be allowed to carry and self-administer prescribed pancreatic enzymes. Added by 2015 Tenn. Acts, ch. 321,s 1, eff. 7/1/2015.
(a) As used in this section: (1) "Emergency care plan" (ECP) means a child-specific action plan to facilitate quick and appropriate responses for an individual emergency in the school setting; (2) "Individualized healthcare plan" (IHP) means a written plan of care developed at the local level to outline the provision of student healthcare services intended to achieve specific student outcomes. The IHP is part of the nursing process that is detailed in the National Association of School Nurses Position Statement: Individualized Healthcare Plans, The Role of the School Nurse (2013); (3) "Pancreatic insufficiency" means a disorder of the digestive system. Pancreatic insufficiency may include the diagnosis of cystic fibrosis, a chronic disease that affects the lungs and digestive system.
(1) "Emergency care plan" (ECP) means a child-specific action plan to facilitate quick and appropriate responses for an individual emergency in the school setting;
(2) "Individualized healthcare plan" (IHP) means a written plan of care developed at the local level to outline the provision of student healthcare services intended to achieve specific student outcomes. The IHP is part of the nursing process that is detailed in the National Association of School Nurses Position Statement: Individualized Healthcare Plans, The Role of the School Nurse (2013);
(3) "Pancreatic insufficiency" means a disorder of the digestive system. Pancreatic insufficiency may include the diagnosis of cystic fibrosis, a chronic disease that affects the lungs and digestive system.
(b) Self-administration in accordance with this section shall permit a student diagnosed with pancreatic insufficiency or cystic fibrosis to self-manage prescribed pancreatic enzyme therapy in the manner directed by the licensed healthcare provider without additional assistance or direction.
(c) An emergency care plan (ECP) may be a component of a student's individualized healthcare plan (IHP). The ECP shall specify when the emergency number (911) will be called and describe a plan of action when the student is unable to self-administer medication or self-manage treatment as prescribed.
(d) (1) An IHP under this section shall be developed by a registered nurse (RN) in collaboration with the family, student, student's healthcare providers, and school personnel for the management of pancreatic insufficiency or cystic fibrosis while in school, participating in school-sponsored activities, and in transit to or from school or school-sponsored activities. (2) The IHP shall be child-specific and shall address or include: (A) A written format for nursing assessment that includes health status, risks, concerns, and strengths; (B) Nursing diagnoses; (C) Interventions; (D) Delegation; (E) Training; (F) Expected outcomes; and (G) Goals to: (i) Meet the healthcare needs of a student with pancreatic insufficiency or cystic fibrosis; and (ii) Protect the safety of all students from the misuse or abuse of medication.
(1) An IHP under this section shall be developed by a registered nurse (RN) in collaboration with the family, student, student's healthcare providers, and school personnel for the management of pancreatic insufficiency or cystic fibrosis while in school, participating in school-sponsored activities, and in transit to or from school or school-sponsored activities.
(2) The IHP shall be child-specific and shall address or include: (A) A written format for nursing assessment that includes health status, risks, concerns, and strengths; (B) Nursing diagnoses; (C) Interventions; (D) Delegation; (E) Training; (F) Expected outcomes; and (G) Goals to: (i) Meet the healthcare needs of a student with pancreatic insufficiency or cystic fibrosis; and (ii) Protect the safety of all students from the misuse or abuse of medication.
(A) A written format for nursing assessment that includes health status, risks, concerns, and strengths;
(B) Nursing diagnoses;
(C) Interventions;
(D) Delegation;
(E) Training;
(F) Expected outcomes; and
(G) Goals to: (i) Meet the healthcare needs of a student with pancreatic insufficiency or cystic fibrosis; and (ii) Protect the safety of all students from the misuse or abuse of medication.
(i) Meet the healthcare needs of a student with pancreatic insufficiency or cystic fibrosis; and
(ii) Protect the safety of all students from the misuse or abuse of medication.
(e) With written authorization from the healthcare provider and parent, a student with pancreatic insufficiency or cystic fibrosis shall be allowed to carry and self-administer prescribed pancreatic enzymes.
Added by 2015 Tenn. Acts, ch. 321,s 1, eff. 7/1/2015.
Tenn. Code Ann. § 49-2-1204 — TN Code / Title 49 / Chapter 2 / Section 49-2-1204
Rights of employees
Status: in_force

(a) (1) Any plan of consolidation shall require continuation of a local retirement system for all officers, teachers and other employees who elect to remain in the system. (2) The plan shall also provide: (A) For continuation of the local retirement system for new officers, teachers and other employees; or (B) For a new retirement system or coverage under the Tennessee consolidated retirement system for all new officers, teachers and other employees and those present officers, teachers and other employees who elect to be transferred to the other system. (b) No plan of consolidation adopted under this part shall in any way abridge, diminish or impair any tenure right or sick leave right that an officer, teacher or other employee may have earned during service in any component system. (c) Any plan of consolidation shall guarantee that the salary schedule under which the teachers and other employees of a component part of any consolidated school system were employed shall continue to apply for the teachers and other employees, and no such salary schedule may be lower than it was prior to consolidation. The plan shall provide that within three (3) years after the establishment of the new consolidated school system, a new salary schedule shall be established for the consolidated school system, which shall be no lower than the highest salary schedule maintained by a component part of the system prior to the establishment of the new consolidated school system. Acts 1963, ch. 246, § 8; T.C.A., § 49-423.
(a) (1) Any plan of consolidation shall require continuation of a local retirement system for all officers, teachers and other employees who elect to remain in the system. (2) The plan shall also provide: (A) For continuation of the local retirement system for new officers, teachers and other employees; or (B) For a new retirement system or coverage under the Tennessee consolidated retirement system for all new officers, teachers and other employees and those present officers, teachers and other employees who elect to be transferred to the other system.
(1) Any plan of consolidation shall require continuation of a local retirement system for all officers, teachers and other employees who elect to remain in the system.
(2) The plan shall also provide: (A) For continuation of the local retirement system for new officers, teachers and other employees; or (B) For a new retirement system or coverage under the Tennessee consolidated retirement system for all new officers, teachers and other employees and those present officers, teachers and other employees who elect to be transferred to the other system.
(A) For continuation of the local retirement system for new officers, teachers and other employees; or
(B) For a new retirement system or coverage under the Tennessee consolidated retirement system for all new officers, teachers and other employees and those present officers, teachers and other employees who elect to be transferred to the other system.
(b) No plan of consolidation adopted under this part shall in any way abridge, diminish or impair any tenure right or sick leave right that an officer, teacher or other employee may have earned during service in any component system.
(c) Any plan of consolidation shall guarantee that the salary schedule under which the teachers and other employees of a component part of any consolidated school system were employed shall continue to apply for the teachers and other employees, and no such salary schedule may be lower than it was prior to consolidation. The plan shall provide that within three (3) years after the establishment of the new consolidated school system, a new salary schedule shall be established for the consolidated school system, which shall be no lower than the highest salary schedule maintained by a component part of the system prior to the establishment of the new consolidated school system.
Acts 1963, ch. 246, § 8; T.C.A., § 49-423.
Tenn. Code Ann. § 49-6-6014 — TN Code / Title 49 / Chapter 6 / Section 49-6-6014
TCAP tests not required in spring of 2019-2020 school year
Status: in_force

Tennessee comprehensive assessment program (TCAP) tests, which include, but are not limited to, TNReady assessments, English learner assessments, alternate TCAP assessments, and end-of-course examinations, shall not be required in the spring of the 2019-2020 school year. This section does not prohibit an LEA or school from voluntarily administering TCAP tests to students in the 2019-2020 school year. Acts 2020, ch. 652, § 1.
Tennessee comprehensive assessment program (TCAP) tests, which include, but are not limited to, TNReady assessments, English learner assessments, alternate TCAP assessments, and end-of-course examinations, shall not be required in the spring of the 2019-2020 school year. This section does not prohibit an LEA or school from voluntarily administering TCAP tests to students in the 2019-2020 school year.
Acts 2020, ch. 652, § 1.
Tenn. Code Ann. § 49-11-103 — TN Code / Title 49 / Chapter 11 / Section 49-11-103
Agriculture education- Funding
Status: in_force

(a) The state supervisor of agriculture education, after receiving the approval of the commissioner of education, is authorized to expend a sum of money not to exceed five thousand dollars ($5,000) per annum from the career and technical funds, appropriated by the state for the purpose of promoting agriculture education through the agriculture education students of this state. (b) The money authorized in subsection (a) shall be used for: (1) Offering scholarships to agriculture education students; (2) Promoting contests in crops and livestock, including the expenses of the state's agriculture education livestock judging teams to the national shows; (3) Maintaining and improving state summer training camp for the agriculture education students of the state; (4) Providing expenses of the delegates of the agriculture education students to their national convention; and (5) Providing expenses of Tennessee's master teacher of agriculture education to the southern regional conference of agriculture education workers. (c) The amount of money set forth in subsection (a) shall become available on July 1 of each year. Amended by 2015 Tenn. Acts, ch. 55, Secs.s 9, s 10 eff. 4/6/2015. Acts 1929, ch. 140, §§ 1-3; mod. Code 1932, §§ 2549-2551; Acts 1957, ch. 139, § 5; T.C.A. (orig. ed.), §§ 49-2704 -- 49-2708; T.C.A., §§ 49-27-104 -- 49-27-106.
(a) The state supervisor of agriculture education, after receiving the approval of the commissioner of education, is authorized to expend a sum of money not to exceed five thousand dollars ($5,000) per annum from the career and technical funds, appropriated by the state for the purpose of promoting agriculture education through the agriculture education students of this state.
(b) The money authorized in subsection (a) shall be used for: (1) Offering scholarships to agriculture education students; (2) Promoting contests in crops and livestock, including the expenses of the state's agriculture education livestock judging teams to the national shows; (3) Maintaining and improving state summer training camp for the agriculture education students of the state; (4) Providing expenses of the delegates of the agriculture education students to their national convention; and (5) Providing expenses of Tennessee's master teacher of agriculture education to the southern regional conference of agriculture education workers.
(1) Offering scholarships to agriculture education students;
(2) Promoting contests in crops and livestock, including the expenses of the state's agriculture education livestock judging teams to the national shows;
(3) Maintaining and improving state summer training camp for the agriculture education students of the state;
(4) Providing expenses of the delegates of the agriculture education students to their national convention; and
(5) Providing expenses of Tennessee's master teacher of agriculture education to the southern regional conference of agriculture education workers.
(c) The amount of money set forth in subsection (a) shall become available on July 1 of each year.
Amended by 2015 Tenn. Acts, ch. 55, Secs.s 9, s 10 eff. 4/6/2015.
Acts 1929, ch. 140, §§ 1-3; mod. Code 1932, §§ 2549-2551; Acts 1957, ch. 139, § 5; T.C.A. (orig. ed.), §§ 49-2704 -- 49-2708; T.C.A., §§ 49-27-104 -- 49-27-106.
Tenn. Code Ann. § 49-6-5102 — TN Code / Title 49 / Chapter 6 / Section 49-6-5102
Conservation of constitutional rights in the workplace - Civil liability limited
Status: in_force

(a) The general assembly finds that: (1) Teachers and employees of public schools and LEAs do not shed their constitutional rights to freedom of speech or expression while at work; (2) Protecting the right to free speech for teachers and employees of public schools and LEAs promotes important state interests; (3) The use of pronouns by teachers and employees of public schools and LEAs in an educational setting is a matter of free speech or expression; and (4) A teacher or employee of a public school or LEA should never be compelled to affirm a belief with which the teacher or employee disagrees. (b) A teacher or other employee of a public school or LEA is not: (1) Required to use a student's preferred pronoun when referring to the student if the preferred pronoun is not consistent with the student's biological sex; (2) Civilly liable for using a pronoun that is consistent with the biological sex of the student to whom the teacher or employee is referring, even if the pronoun is not the student's preferred pronoun; and (3) Subject to an adverse employment action for not using a student's preferred pronoun, if the student's preferred pronoun is inconsistent with the student's biological sex. (c) A public school or LEA is not civilly liable if a teacher or employee of the public school or LEA refers to a student using a pronoun that is consistent with the biological sex of the student to whom the teacher or employee is referring, even if the pronoun is not the student's preferred pronoun. Added by 2023 Tenn. Acts, ch. 448, s 1, eff. 5/17/2023.
(a) The general assembly finds that: (1) Teachers and employees of public schools and LEAs do not shed their constitutional rights to freedom of speech or expression while at work; (2) Protecting the right to free speech for teachers and employees of public schools and LEAs promotes important state interests; (3) The use of pronouns by teachers and employees of public schools and LEAs in an educational setting is a matter of free speech or expression; and (4) A teacher or employee of a public school or LEA should never be compelled to affirm a belief with which the teacher or employee disagrees.
(1) Teachers and employees of public schools and LEAs do not shed their constitutional rights to freedom of speech or expression while at work;
(2) Protecting the right to free speech for teachers and employees of public schools and LEAs promotes important state interests;
(3) The use of pronouns by teachers and employees of public schools and LEAs in an educational setting is a matter of free speech or expression; and
(4) A teacher or employee of a public school or LEA should never be compelled to affirm a belief with which the teacher or employee disagrees.
(b) A teacher or other employee of a public school or LEA is not: (1) Required to use a student's preferred pronoun when referring to the student if the preferred pronoun is not consistent with the student's biological sex; (2) Civilly liable for using a pronoun that is consistent with the biological sex of the student to whom the teacher or employee is referring, even if the pronoun is not the student's preferred pronoun; and (3) Subject to an adverse employment action for not using a student's preferred pronoun, if the student's preferred pronoun is inconsistent with the student's biological sex.
(1) Required to use a student's preferred pronoun when referring to the student if the preferred pronoun is not consistent with the student's biological sex;
(2) Civilly liable for using a pronoun that is consistent with the biological sex of the student to whom the teacher or employee is referring, even if the pronoun is not the student's preferred pronoun; and
(3) Subject to an adverse employment action for not using a student's preferred pronoun, if the student's preferred pronoun is inconsistent with the student's biological sex.
(c) A public school or LEA is not civilly liable if a teacher or employee of the public school or LEA refers to a student using a pronoun that is consistent with the biological sex of the student to whom the teacher or employee is referring, even if the pronoun is not the student's preferred pronoun.
Added by 2023 Tenn. Acts, ch. 448, s 1, eff. 5/17/2023.
Tenn. Code Ann. § 49-6-818 — TN Code / Title 49 / Chapter 6 / Section 49-6-818
School buildings constructed or remodeled after July 1, 2023
Status: in_force

(a) A public school building, including a public charter school building, constructed or remodeled after July 1, 2023, must, at a minimum: (1) Include a door-locking mechanism on each classroom door that allows the classroom door to be locked from the inside; (2) Have installed a clear entry-resistant film on the glass panel of each exterior entry or basement level window and door to prevent individuals from entering the school building without authorization by breaking the glass in an exterior entry or basement level window or door; (3) Include a camera system that continuously monitors each entrance, hallway, and communal area in the school building during regular school hours and during school-related events and activities conducted on school grounds that is accessible by a local law enforcement agency in an emergency situation; and (4) Include at least one (1) secure vestibule that serves as the primary entrance to the school building that contains two (2) separate sets of doors through which a person must pass to gain entrance into the school building that are each capable of being locked separately to prevent a person from entering the school building until an LEA or school employee authorizes a person to enter. (b) The date on which a public school building, including a public charter school building, is constructed for purposes of this section is the date on which the plans for the school building were approved by the agency having jurisdiction to approve construction of the school building or the date on which the construction permit was issued for the school building, whichever occurs first. (c) If a public school building, including a public charter school building, is remodeled, then the requirements specified in subsection (a) only apply to the portions of the building that are remodeled. (d) As used in this section, "remodeled": (1) Means a change to an existing building or facility, including, but not limited to, renovation, rehabilitation, reconstruction, historic restoration, changes or rearrangement in structural parts or elements, and changes or rearrangement in the plan configuration of walls and full-height partitions; and (2) Does not include routine maintenance, reroofing, painting or wallpapering, asbestos removal, or changes to mechanical or electrical systems so long as the changes do not affect the usability of the building or facility. Amended by 2024 Tenn. Acts, ch. 1005,s 1, eff. 5/28/2024. Added by 2023 Tenn. Acts, ch. 367, s 12, eff. 7/1/2023.
(a) A public school building, including a public charter school building, constructed or remodeled after July 1, 2023, must, at a minimum: (1) Include a door-locking mechanism on each classroom door that allows the classroom door to be locked from the inside; (2) Have installed a clear entry-resistant film on the glass panel of each exterior entry or basement level window and door to prevent individuals from entering the school building without authorization by breaking the glass in an exterior entry or basement level window or door; (3) Include a camera system that continuously monitors each entrance, hallway, and communal area in the school building during regular school hours and during school-related events and activities conducted on school grounds that is accessible by a local law enforcement agency in an emergency situation; and (4) Include at least one (1) secure vestibule that serves as the primary entrance to the school building that contains two (2) separate sets of doors through which a person must pass to gain entrance into the school building that are each capable of being locked separately to prevent a person from entering the school building until an LEA or school employee authorizes a person to enter.
(1) Include a door-locking mechanism on each classroom door that allows the classroom door to be locked from the inside;
(2) Have installed a clear entry-resistant film on the glass panel of each exterior entry or basement level window and door to prevent individuals from entering the school building without authorization by breaking the glass in an exterior entry or basement level window or door;
(3) Include a camera system that continuously monitors each entrance, hallway, and communal area in the school building during regular school hours and during school-related events and activities conducted on school grounds that is accessible by a local law enforcement agency in an emergency situation; and
(4) Include at least one (1) secure vestibule that serves as the primary entrance to the school building that contains two (2) separate sets of doors through which a person must pass to gain entrance into the school building that are each capable of being locked separately to prevent a person from entering the school building until an LEA or school employee authorizes a person to enter.
(b) The date on which a public school building, including a public charter school building, is constructed for purposes of this section is the date on which the plans for the school building were approved by the agency having jurisdiction to approve construction of the school building or the date on which the construction permit was issued for the school building, whichever occurs first.
(c) If a public school building, including a public charter school building, is remodeled, then the requirements specified in subsection (a) only apply to the portions of the building that are remodeled.
(d) As used in this section, "remodeled": (1) Means a change to an existing building or facility, including, but not limited to, renovation, rehabilitation, reconstruction, historic restoration, changes or rearrangement in structural parts or elements, and changes or rearrangement in the plan configuration of walls and full-height partitions; and (2) Does not include routine maintenance, reroofing, painting or wallpapering, asbestos removal, or changes to mechanical or electrical systems so long as the changes do not affect the usability of the building or facility.
(1) Means a change to an existing building or facility, including, but not limited to, renovation, rehabilitation, reconstruction, historic restoration, changes or rearrangement in structural parts or elements, and changes or rearrangement in the plan configuration of walls and full-height partitions; and
(2) Does not include routine maintenance, reroofing, painting or wallpapering, asbestos removal, or changes to mechanical or electrical systems so long as the changes do not affect the usability of the building or facility.
Amended by 2024 Tenn. Acts, ch. 1005,s 1, eff. 5/28/2024.
Added by 2023 Tenn. Acts, ch. 367, s 12, eff. 7/1/2023.
Tenn. Code Ann. § 49-6-702 — TN Code / Title 49 / Chapter 6 / Section 49-6-702
Awards - Eligibility - Focus of programs - Lottery-funded programs
Status: in_force

(a) In accordance with rules and regulations promulgated by the state board of education and on the recommendation of the commissioner of education, grants and technical assistance shall be awarded to public and not-for-profit organizations that provide, or propose to provide, after school educational programs in this state. (b) An organization shall be eligible if the organization operates, or proposes to operate, a program that is available to students on an average of fifteen (15) hours per week and includes, at a minimum: (1) Reading skills development and enhancement; (2) Math or science skills development and enhancement; (3) Academic mentoring or tutorial assistance; and (4) Sports or leisure opportunities. (c) Programs shall be designed to comprehensively address the educational, health and social service needs of children who are five (5) years of age or older and enrolled in the elementary or secondary grades. The program shall maintain an enrollment of children of which at least fifty percent (50%) of the students enrolled meet one (1) of the following requirements; provided, however, that preference shall be given to programs that maintain an enrollment of children of which at least eighty percent (80%) of the students meet one (1) of the following requirements: (1) Qualify for free and reduced lunch pursuant to 42 U.S.C. § 1771 ; (2) Are at risk of educational disadvantage and failure due to circumstances of abuse, neglect or disability; (3) Are at risk of state custody due to family dysfunction; (4) Are enrolled in and attending a public school failing to make adequate yearly progress; (5) Are attending a public school, including a public charter school, instead of a public school failing to make adequate yearly progress as a result of parent choice; or (6) Are at risk of failing one (1) or more subjects or are behind grade level by at least one (1) year. (d) The commissioner of education shall encourage lottery-funded after-school programs to provide extended learning that is complementary to school curricula. Acts 2004, ch. 953, § 1; 2005, ch. 425, §§ 1 - 3; 2010, ch. 854, § 1.
(a) In accordance with rules and regulations promulgated by the state board of education and on the recommendation of the commissioner of education, grants and technical assistance shall be awarded to public and not-for-profit organizations that provide, or propose to provide, after school educational programs in this state.
(b) An organization shall be eligible if the organization operates, or proposes to operate, a program that is available to students on an average of fifteen (15) hours per week and includes, at a minimum: (1) Reading skills development and enhancement; (2) Math or science skills development and enhancement; (3) Academic mentoring or tutorial assistance; and (4) Sports or leisure opportunities.
(1) Reading skills development and enhancement;
(2) Math or science skills development and enhancement;
(3) Academic mentoring or tutorial assistance; and
(4) Sports or leisure opportunities.
(c) Programs shall be designed to comprehensively address the educational, health and social service needs of children who are five (5) years of age or older and enrolled in the elementary or secondary grades. The program shall maintain an enrollment of children of which at least fifty percent (50%) of the students enrolled meet one (1) of the following requirements; provided, however, that preference shall be given to programs that maintain an enrollment of children of which at least eighty percent (80%) of the students meet one (1) of the following requirements: (1) Qualify for free and reduced lunch pursuant to 42 U.S.C. § 1771 ; (2) Are at risk of educational disadvantage and failure due to circumstances of abuse, neglect or disability; (3) Are at risk of state custody due to family dysfunction; (4) Are enrolled in and attending a public school failing to make adequate yearly progress; (5) Are attending a public school, including a public charter school, instead of a public school failing to make adequate yearly progress as a result of parent choice; or (6) Are at risk of failing one (1) or more subjects or are behind grade level by at least one (1) year.
(1) Qualify for free and reduced lunch pursuant to 42 U.S.C. § 1771 ;
(2) Are at risk of educational disadvantage and failure due to circumstances of abuse, neglect or disability;
(3) Are at risk of state custody due to family dysfunction;
(4) Are enrolled in and attending a public school failing to make adequate yearly progress;
(5) Are attending a public school, including a public charter school, instead of a public school failing to make adequate yearly progress as a result of parent choice; or
(6) Are at risk of failing one (1) or more subjects or are behind grade level by at least one (1) year.
(d) The commissioner of education shall encourage lottery-funded after-school programs to provide extended learning that is complementary to school curricula.
Acts 2004, ch. 953, § 1; 2005, ch. 425, §§ 1 - 3; 2010, ch. 854, § 1.
Tenn. Code Ann. § 49-4-902 — TN Code / Title 49 / Chapter 4 / Section 49-4-902
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Academic requirement" means a requirement of a specified grade point average, ACT or SAT score or cumulative grade point average that determines either initial or continuing eligibility for postsecondary financial assistance from net lottery proceeds; (2) "Academic year" means three (3) consecutive semesters beginning with a fall semester and including the spring and summer semesters immediately succeeding the fall semester; (3) "ACT" means the ACT assessment administered by ACT; (4) "Adjusted gross income attributable to the student" or "student's adjusted gross income" means: (A) The adjusted gross income of the student's parent or parents as reported on the student's FAFSA and used by TSAC in determinations of eligibility for federal or state financial aid, if the student is a dependent of a parent or parents; or (B) The adjusted gross income of the student and, if applicable, the student's spouse as reported on the student's FAFSA and used by TSAC in determinations of eligibility for federal or state financial aid, if the student is financially independent of parents; (5) "Advanced degree" means a master's degree, a doctorate or other degree conferred by an eligible postsecondary institution upon completion of a unified program of study at the graduate level; (6) "Certificate" or "diploma" means a credential, other than a degree, the receipt of which indicates satisfactory completion of training in an eligible program of study offered by an eligible postsecondary institution; (7) "Continuous enrollment" means a student is enrolled in the fall and spring semesters of a single academic year. Enrollment in summer semester or inter-session terms is not required; (8) "Cost of attendance" means the combined cost of tuition, mandatory fees, room and board, books and other educational expenses as determined by the financial aid office of the eligible postsecondary institution; (9) "Dual enrollment grant" means a grant for study at an eligible postsecondary institution that is funded from net proceeds of the state lottery and awarded to students who are attending high school and who are also enrolled in college courses at eligible postsecondary institutions for which they will receive college credit; (10) "Eligible high school" means: (A) A Tennessee public secondary school; (B) A private secondary school that is located in this state and is approved by the state board of education as a Category 1, 2 or 3 secondary school in accordance with the applicable rules and regulations; (C) A secondary school operated by the United States department of defense on a military base that is located in whole or in part in this state; (D) An out-of-state public secondary school located in a county bordering this state that residents of this state are authorized to attend under § 49-6-3108 ; or (E) An out-of-state boarding school attended by a bona fide resident of this state that is accredited by: (i) A regional accrediting association; or (ii) A member of the National Association of Independent Schools Commission on Accreditation; (11) "Eligible independent postsecondary institution" means: (A) An institution created by testamentary trust for which the state acts by statute as trustee and for which the governor is authorized to appoint commissioners with the advice and consent of the senate and that offers courses leading to undergraduate degrees; (B) A private four-year postsecondary institution that: (i) Has been chartered in this state as a not-for-profit entity for at least one hundred (100) years; (ii) Has had its primary campus domiciled in this state for at least one hundred twenty-five (125) years; (iii) Awards baccalaureate degrees; and (iv) Requires all students to participate in a four-level college work program in which students provide services to the institution and to the community; or (C) A private postsecondary institution accredited by a regional accrediting association that has its primary campus domiciled in this state; (12) "Eligible postsecondary institution" means an eligible independent postsecondary institution or an eligible public postsecondary institution; (13) "Eligible program of study" means: (A) A curriculum of courses leading to a certificate or diploma at a Tennessee college of applied technology; or (B) A federal Title IV-eligible curriculum of courses leading to a certificate, diploma, or an associate, baccalaureate, or advanced degree at an eligible postsecondary institution; (14) "Eligible public postsecondary institution" means: (A) An institution operated by the board of regents of the state university and community college system; or (B) An institution in the University of Tennessee system; (15) "Entering freshman" means a student entering a postsecondary institution who has not attempted any semester hours at any postsecondary institution after graduating from high school, completing high school in a home school program or obtaining a high school equivalency credential approved by the state board of education; (16) "FAFSA" means the Free Application for Federal Student Aid; (17) "Freshman student" means a student at a postsecondary institution who is in the first two (2) semesters of full-time attendance or the equivalent, if the student attends part-time; (18) [Deleted by 2023 amendment.] (19) "Full-time student" means an undergraduate student attending a postsecondary educational institution who is enrolled for at least twelve (12) semester hours during each semester of attendance, or a graduate student enrolled in the requisite number of semester hours, as determined by the institution attended; (20) [Deleted by 2023 amendment.] (21) "General assembly merit scholarship" means the scholarship that is awarded for academic excellence under § 49-4-916 . A "General assembly merit scholarship" consists of two (2) parts, a Tennessee HOPE scholarship and a general assembly merit scholar supplemental award; (22) "Gift aid" means scholarships and grants from any source that do not require repayment, including funds provided through the federal Foster Care Independence Act of 1999, compiled generally in title 42 U.S.C., and other similar programs. Student loans and work-study awards shall not be considered gift aid; (23) "Grade point average" means the numbered grade average calculated using a 4.0 scale; (24) "High school grade point average" means grade point average on a 4.0 scale calculated with additional points awarded for advanced placement, honors or other similar courses, according to the uniform system of weighting of courses adopted by the state board of education, under § 49-1-302(a)(14) ; (25) [Deleted by 2023 amendment.] (26) "Home school student" means: (A) A Tennessee resident who completed high school in a home school program prior to July 1, 2021, meeting the requirements of § 49-6-3050(a)(2), (a)(3), or (b) . For one (1) year immediately preceding completion of high school as a home school student, the student must have been a student in a home school; or (B) A Tennessee resident who completed high school in a home school program on or after July 1, 2021; (27) "In-demand occupation" means an occupation for which there exists a high demand for a trained workforce in this state based on current job openings, hiring data, and future projections pursuant to § 49-7-112(b) ; (28) "Middle college" means a program operated by an eligible public two-year postsecondary institution in partnership with an LEA that permits students in the fall semester of their junior year in high school to enter the eligible public two-year postsecondary institution and to earn both a high school diploma and an associate degree in two (2) years; (29) "Nonacademic requirement" means any scholarship eligibility requirement other than an academic requirement; (30) "Nontraditional student" means a student who: (A) Is an independent student, as determined by the FAFSA, who has enrolled in a baccalaureate degree program at an eligible four-year postsecondary institution and attempted at least twelve (12) semester hours; or (B) Enrolls in a baccalaureate degree program at an eligible four-year postsecondary institution while maintaining continuous enrollment following completion of an associate degree through the Tennessee reconnect grant, established under § 49-4-944 ; (31) "Parent" means the parent or guardian of a student; (32) "Part-time student" means an undergraduate student attending a postsecondary educational institution who is enrolled for at least six (6) semester hours, but less than twelve (12) semester hours, during a semester of attendance, or a graduate student who is enrolled in less than the number of semester hours required by the institution for full-time students, as determined by the institution attended; (33) "Quality non-degree credential" or "QNDC" means a credential, other than a degree or a diploma, the receipt of which indicates satisfactory completion of a workforce training program that: (A) Has a defined curriculum, objectives, and results in the awarding of a credential upon successful completion; (B) Culminates in an industry certification, but does not include participation in, or completion of, a program of professional development, continuing education, exam preparation, or similar objectives; (C) May be articulated to other quality non-degree credentials, postsecondary degrees, or diploma programs; (D) Qualifies an individual for an in-demand occupation; and (E) Is not eligible for federal Title IV funding; (34) "Regional accrediting association" means: (A) The Middle States Commission on Higher Education; (B) The New England Commission on Higher Education; (C) The Higher Learning Commission; (D) The Northwest Commission on Colleges and Universities; (E) The Southern Association of Colleges and Schools; or (F) The Western Association of Schools and Colleges; (35) "SAT" means the Scholastic Aptitude Test administered by the College Board; (36) "Scholarship" means a Tennessee HOPE scholarship or a Tennessee HOPE access grant; (37) "Semester" means fall, spring, or summer semester at a postsecondary institution, if the institution is on a semester system, or the equivalent, if the institution is on a system other than a semester system; (38) "Semester hour" means the credit hour used by a postsecondary institution, if the institution is on a semester system, or its equivalent, if the institution is on a system other than a semester system. "Semester hour" includes each semester hour attempted, whether remedial or for credit toward a degree, but shall not include any semester hour attempted before graduating from high school or earning a high school equivalency credential approved by the state board of education; (39) "Student who has obtained a high school equivalency credential approved by the state board of education" means a student who was a resident of this state for at least one (1) year prior to obtaining a high school equivalency credential approved by the state board of education; (40) "Tennessee HOPE access grant" means a grant for coursework in an eligible program of study in pursuit of an associate, baccalaureate, or advanced degree at an eligible postsecondary institution that is funded from net proceeds of the state lottery and awarded to freshman students meeting the requirements of § 49-4-920 ; (41) "Tennessee HOPE scholarship" means a scholarship for coursework in an eligible program of study in pursuit of an associate, baccalaureate, or advanced degree at an eligible postsecondary institution that is funded from net proceeds of the state lottery and awarded under this part; (42) "THEC" means the Tennessee higher education commission; (43) "Title IV" means Title IV of the Higher Education Act of 1965, ( 20 U.S.C. § 1070 et seq.); (44) "TSAC" means the Tennessee student assistance corporation; (45) "Unweighted grade point average" means grade point average on a 4.0 scale calculated without additional points awarded for advanced placement, honors or other similar courses; and (46) "Wilder-Naifeh technical skills grant" means a grant for coursework in an eligible program of study at a Tennessee college of applied technology operated by the board of regents of the state university and community college system that is funded from net proceeds of the state lottery and awarded under this part. Amended by 2024 Tenn. Acts, ch. 925,s 5, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 368, s 6, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 368, s 5, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 368, s 4, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 368, s 3, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 368, s 2, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 368, s 1, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 114, s 15, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 114, s 16, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 114, s 15, eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 1116, s 1, eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 1107, Secs.s 13, s 14 eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 1107, s 12, eff. 7/1/2022. Amended by 2021 Tenn. Acts, ch. 467, s 2, eff. 7/1/2021. Amended by 2020 Tenn. Acts, ch. 794, Secs.s 60, s 64, eff. 8/1/2020 and s 25 eff. 7/1/2021. Amended by 2020 Tenn. Acts, ch. 794, Secs.s 26, s 29, s 61, s 65, s 66, eff. 8/1/2020 and Secs.s 27, s 28, s 30 eff. 7/1/2021. Amended by 2018 Tenn. Acts, ch. 695, s 2, eff. 8/1/2018. Amended by 2017 Tenn. Acts, ch. 448, s 2, eff. 8/1/2018. Amended by 2017 Tenn. Acts, ch. 405, s 1, eff. 5/18/2017. Amended by 2014 Tenn. Acts, ch. 592, s 1, eff. 3/28/2014. Amended by 2015 Tenn. Acts, ch. 495, s 1, eff. 7/1/2015. Amended by 2015 Tenn. Acts, ch. 495, Secs.s 2, s 3 eff. 7/1/2015. Amended by 2014 Tenn. Acts, ch. 900, s 4, eff. 7/1/2015. Amended by 2014 Tenn. Acts, ch. 900, s 3, eff. 7/1/2015. Amended by 2013 Tenn. Acts, ch. 361, s 1, eff. 5/13/2013. Acts 2003 , ch. 298, § 1; 2004, ch. 840, §§ 1, 2, 26; 2004, ch. 881, § 8; 2005, ch. 481, §§ 1, 4, 27; 2006, ch. 977, § 2; 2008 , ch. 1142, §§ 1, 2, 14, 25; 2010 , ch. 1141, § 1; 2011 , ch. 437, § 1; 2012, ch. 1095, §§ 1, 2.
As used in this part, unless the context otherwise requires:
(1) "Academic requirement" means a requirement of a specified grade point average, ACT or SAT score or cumulative grade point average that determines either initial or continuing eligibility for postsecondary financial assistance from net lottery proceeds;
(2) "Academic year" means three (3) consecutive semesters beginning with a fall semester and including the spring and summer semesters immediately succeeding the fall semester;
(3) "ACT" means the ACT assessment administered by ACT;
(4) "Adjusted gross income attributable to the student" or "student's adjusted gross income" means: (A) The adjusted gross income of the student's parent or parents as reported on the student's FAFSA and used by TSAC in determinations of eligibility for federal or state financial aid, if the student is a dependent of a parent or parents; or (B) The adjusted gross income of the student and, if applicable, the student's spouse as reported on the student's FAFSA and used by TSAC in determinations of eligibility for federal or state financial aid, if the student is financially independent of parents;
(A) The adjusted gross income of the student's parent or parents as reported on the student's FAFSA and used by TSAC in determinations of eligibility for federal or state financial aid, if the student is a dependent of a parent or parents; or
(B) The adjusted gross income of the student and, if applicable, the student's spouse as reported on the student's FAFSA and used by TSAC in determinations of eligibility for federal or state financial aid, if the student is financially independent of parents;
(5) "Advanced degree" means a master's degree, a doctorate or other degree conferred by an eligible postsecondary institution upon completion of a unified program of study at the graduate level;
(6) "Certificate" or "diploma" means a credential, other than a degree, the receipt of which indicates satisfactory completion of training in an eligible program of study offered by an eligible postsecondary institution;
(7) "Continuous enrollment" means a student is enrolled in the fall and spring semesters of a single academic year. Enrollment in summer semester or inter-session terms is not required;
(8) "Cost of attendance" means the combined cost of tuition, mandatory fees, room and board, books and other educational expenses as determined by the financial aid office of the eligible postsecondary institution;
(9) "Dual enrollment grant" means a grant for study at an eligible postsecondary institution that is funded from net proceeds of the state lottery and awarded to students who are attending high school and who are also enrolled in college courses at eligible postsecondary institutions for which they will receive college credit;
(10) "Eligible high school" means: (A) A Tennessee public secondary school; (B) A private secondary school that is located in this state and is approved by the state board of education as a Category 1, 2 or 3 secondary school in accordance with the applicable rules and regulations; (C) A secondary school operated by the United States department of defense on a military base that is located in whole or in part in this state; (D) An out-of-state public secondary school located in a county bordering this state that residents of this state are authorized to attend under § 49-6-3108 ; or (E) An out-of-state boarding school attended by a bona fide resident of this state that is accredited by: (i) A regional accrediting association; or (ii) A member of the National Association of Independent Schools Commission on Accreditation;
(A) A Tennessee public secondary school;
(B) A private secondary school that is located in this state and is approved by the state board of education as a Category 1, 2 or 3 secondary school in accordance with the applicable rules and regulations;
(C) A secondary school operated by the United States department of defense on a military base that is located in whole or in part in this state;
(D) An out-of-state public secondary school located in a county bordering this state that residents of this state are authorized to attend under § 49-6-3108 ; or
(E) An out-of-state boarding school attended by a bona fide resident of this state that is accredited by: (i) A regional accrediting association; or (ii) A member of the National Association of Independent Schools Commission on Accreditation;
(i) A regional accrediting association; or
(ii) A member of the National Association of Independent Schools Commission on Accreditation;
(11) "Eligible independent postsecondary institution" means: (A) An institution created by testamentary trust for which the state acts by statute as trustee and for which the governor is authorized to appoint commissioners with the advice and consent of the senate and that offers courses leading to undergraduate degrees; (B) A private four-year postsecondary institution that: (i) Has been chartered in this state as a not-for-profit entity for at least one hundred (100) years; (ii) Has had its primary campus domiciled in this state for at least one hundred twenty-five (125) years; (iii) Awards baccalaureate degrees; and (iv) Requires all students to participate in a four-level college work program in which students provide services to the institution and to the community; or (C) A private postsecondary institution accredited by a regional accrediting association that has its primary campus domiciled in this state;
(A) An institution created by testamentary trust for which the state acts by statute as trustee and for which the governor is authorized to appoint commissioners with the advice and consent of the senate and that offers courses leading to undergraduate degrees;
(B) A private four-year postsecondary institution that: (i) Has been chartered in this state as a not-for-profit entity for at least one hundred (100) years; (ii) Has had its primary campus domiciled in this state for at least one hundred twenty-five (125) years; (iii) Awards baccalaureate degrees; and (iv) Requires all students to participate in a four-level college work program in which students provide services to the institution and to the community; or
(i) Has been chartered in this state as a not-for-profit entity for at least one hundred (100) years;
(ii) Has had its primary campus domiciled in this state for at least one hundred twenty-five (125) years;
(iii) Awards baccalaureate degrees; and
(iv) Requires all students to participate in a four-level college work program in which students provide services to the institution and to the community; or
(C) A private postsecondary institution accredited by a regional accrediting association that has its primary campus domiciled in this state;
(12) "Eligible postsecondary institution" means an eligible independent postsecondary institution or an eligible public postsecondary institution;
(13) "Eligible program of study" means: (A) A curriculum of courses leading to a certificate or diploma at a Tennessee college of applied technology; or (B) A federal Title IV-eligible curriculum of courses leading to a certificate, diploma, or an associate, baccalaureate, or advanced degree at an eligible postsecondary institution;
(A) A curriculum of courses leading to a certificate or diploma at a Tennessee college of applied technology; or
(B) A federal Title IV-eligible curriculum of courses leading to a certificate, diploma, or an associate, baccalaureate, or advanced degree at an eligible postsecondary institution;
(14) "Eligible public postsecondary institution" means: (A) An institution operated by the board of regents of the state university and community college system; or (B) An institution in the University of Tennessee system;
(A) An institution operated by the board of regents of the state university and community college system; or
(B) An institution in the University of Tennessee system;
(15) "Entering freshman" means a student entering a postsecondary institution who has not attempted any semester hours at any postsecondary institution after graduating from high school, completing high school in a home school program or obtaining a high school equivalency credential approved by the state board of education;
(16) "FAFSA" means the Free Application for Federal Student Aid;
(17) "Freshman student" means a student at a postsecondary institution who is in the first two (2) semesters of full-time attendance or the equivalent, if the student attends part-time;
(18) [Deleted by 2023 amendment.]
(19) "Full-time student" means an undergraduate student attending a postsecondary educational institution who is enrolled for at least twelve (12) semester hours during each semester of attendance, or a graduate student enrolled in the requisite number of semester hours, as determined by the institution attended;
(20) [Deleted by 2023 amendment.]
(21) "General assembly merit scholarship" means the scholarship that is awarded for academic excellence under § 49-4-916 . A "General assembly merit scholarship" consists of two (2) parts, a Tennessee HOPE scholarship and a general assembly merit scholar supplemental award;
(22) "Gift aid" means scholarships and grants from any source that do not require repayment, including funds provided through the federal Foster Care Independence Act of 1999, compiled generally in title 42 U.S.C., and other similar programs. Student loans and work-study awards shall not be considered gift aid;
(23) "Grade point average" means the numbered grade average calculated using a 4.0 scale;
(24) "High school grade point average" means grade point average on a 4.0 scale calculated with additional points awarded for advanced placement, honors or other similar courses, according to the uniform system of weighting of courses adopted by the state board of education, under § 49-1-302(a)(14) ;
(25) [Deleted by 2023 amendment.]
(26) "Home school student" means: (A) A Tennessee resident who completed high school in a home school program prior to July 1, 2021, meeting the requirements of § 49-6-3050(a)(2), (a)(3), or (b) . For one (1) year immediately preceding completion of high school as a home school student, the student must have been a student in a home school; or (B) A Tennessee resident who completed high school in a home school program on or after July 1, 2021;
(A) A Tennessee resident who completed high school in a home school program prior to July 1, 2021, meeting the requirements of § 49-6-3050(a)(2), (a)(3), or (b) . For one (1) year immediately preceding completion of high school as a home school student, the student must have been a student in a home school; or
(B) A Tennessee resident who completed high school in a home school program on or after July 1, 2021;
(27) "In-demand occupation" means an occupation for which there exists a high demand for a trained workforce in this state based on current job openings, hiring data, and future projections pursuant to § 49-7-112(b) ;
(28) "Middle college" means a program operated by an eligible public two-year postsecondary institution in partnership with an LEA that permits students in the fall semester of their junior year in high school to enter the eligible public two-year postsecondary institution and to earn both a high school diploma and an associate degree in two (2) years;
(29) "Nonacademic requirement" means any scholarship eligibility requirement other than an academic requirement;
(30) "Nontraditional student" means a student who: (A) Is an independent student, as determined by the FAFSA, who has enrolled in a baccalaureate degree program at an eligible four-year postsecondary institution and attempted at least twelve (12) semester hours; or (B) Enrolls in a baccalaureate degree program at an eligible four-year postsecondary institution while maintaining continuous enrollment following completion of an associate degree through the Tennessee reconnect grant, established under § 49-4-944 ;
(A) Is an independent student, as determined by the FAFSA, who has enrolled in a baccalaureate degree program at an eligible four-year postsecondary institution and attempted at least twelve (12) semester hours; or
(B) Enrolls in a baccalaureate degree program at an eligible four-year postsecondary institution while maintaining continuous enrollment following completion of an associate degree through the Tennessee reconnect grant, established under § 49-4-944 ;
(31) "Parent" means the parent or guardian of a student;
(32) "Part-time student" means an undergraduate student attending a postsecondary educational institution who is enrolled for at least six (6) semester hours, but less than twelve (12) semester hours, during a semester of attendance, or a graduate student who is enrolled in less than the number of semester hours required by the institution for full-time students, as determined by the institution attended;
(33) "Quality non-degree credential" or "QNDC" means a credential, other than a degree or a diploma, the receipt of which indicates satisfactory completion of a workforce training program that: (A) Has a defined curriculum, objectives, and results in the awarding of a credential upon successful completion; (B) Culminates in an industry certification, but does not include participation in, or completion of, a program of professional development, continuing education, exam preparation, or similar objectives; (C) May be articulated to other quality non-degree credentials, postsecondary degrees, or diploma programs; (D) Qualifies an individual for an in-demand occupation; and (E) Is not eligible for federal Title IV funding;
(A) Has a defined curriculum, objectives, and results in the awarding of a credential upon successful completion;
(B) Culminates in an industry certification, but does not include participation in, or completion of, a program of professional development, continuing education, exam preparation, or similar objectives;
(C) May be articulated to other quality non-degree credentials, postsecondary degrees, or diploma programs;
(D) Qualifies an individual for an in-demand occupation; and
(E) Is not eligible for federal Title IV funding;
(34) "Regional accrediting association" means: (A) The Middle States Commission on Higher Education; (B) The New England Commission on Higher Education; (C) The Higher Learning Commission; (D) The Northwest Commission on Colleges and Universities; (E) The Southern Association of Colleges and Schools; or (F) The Western Association of Schools and Colleges;
(A) The Middle States Commission on Higher Education;
(B) The New England Commission on Higher Education;
(C) The Higher Learning Commission;
(D) The Northwest Commission on Colleges and Universities;
(E) The Southern Association of Colleges and Schools; or
(F) The Western Association of Schools and Colleges;
(35) "SAT" means the Scholastic Aptitude Test administered by the College Board;
(36) "Scholarship" means a Tennessee HOPE scholarship or a Tennessee HOPE access grant;
(37) "Semester" means fall, spring, or summer semester at a postsecondary institution, if the institution is on a semester system, or the equivalent, if the institution is on a system other than a semester system;
(38) "Semester hour" means the credit hour used by a postsecondary institution, if the institution is on a semester system, or its equivalent, if the institution is on a system other than a semester system. "Semester hour" includes each semester hour attempted, whether remedial or for credit toward a degree, but shall not include any semester hour attempted before graduating from high school or earning a high school equivalency credential approved by the state board of education;
(39) "Student who has obtained a high school equivalency credential approved by the state board of education" means a student who was a resident of this state for at least one (1) year prior to obtaining a high school equivalency credential approved by the state board of education;
(40) "Tennessee HOPE access grant" means a grant for coursework in an eligible program of study in pursuit of an associate, baccalaureate, or advanced degree at an eligible postsecondary institution that is funded from net proceeds of the state lottery and awarded to freshman students meeting the requirements of § 49-4-920 ;
(41) "Tennessee HOPE scholarship" means a scholarship for coursework in an eligible program of study in pursuit of an associate, baccalaureate, or advanced degree at an eligible postsecondary institution that is funded from net proceeds of the state lottery and awarded under this part;
(42) "THEC" means the Tennessee higher education commission;
(43) "Title IV" means Title IV of the Higher Education Act of 1965, ( 20 U.S.C. § 1070 et seq.);
(44) "TSAC" means the Tennessee student assistance corporation;
(45) "Unweighted grade point average" means grade point average on a 4.0 scale calculated without additional points awarded for advanced placement, honors or other similar courses; and
(46) "Wilder-Naifeh technical skills grant" means a grant for coursework in an eligible program of study at a Tennessee college of applied technology operated by the board of regents of the state university and community college system that is funded from net proceeds of the state lottery and awarded under this part.
Amended by 2024 Tenn. Acts, ch. 925,s 5, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 368, s 6, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 368, s 5, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 368, s 4, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 368, s 3, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 368, s 2, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 368, s 1, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 114, s 15, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 114, s 16, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 114, s 15, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 1116, s 1, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 1107, Secs.s 13, s 14 eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 1107, s 12, eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 467, s 2, eff. 7/1/2021.
Amended by 2020 Tenn. Acts, ch. 794, Secs.s 60, s 64, eff. 8/1/2020 and s 25 eff. 7/1/2021.
Amended by 2020 Tenn. Acts, ch. 794, Secs.s 26, s 29, s 61, s 65, s 66, eff. 8/1/2020 and Secs.s 27, s 28, s 30 eff. 7/1/2021.
Amended by 2018 Tenn. Acts, ch. 695, s 2, eff. 8/1/2018.
Amended by 2017 Tenn. Acts, ch. 448, s 2, eff. 8/1/2018.
Amended by 2017 Tenn. Acts, ch. 405, s 1, eff. 5/18/2017.
Amended by 2014 Tenn. Acts, ch. 592, s 1, eff. 3/28/2014.
Amended by 2015 Tenn. Acts, ch. 495, s 1, eff. 7/1/2015.
Amended by 2015 Tenn. Acts, ch. 495, Secs.s 2, s 3 eff. 7/1/2015.
Amended by 2014 Tenn. Acts, ch. 900, s 4, eff. 7/1/2015.
Amended by 2014 Tenn. Acts, ch. 900, s 3, eff. 7/1/2015.
Amended by 2013 Tenn. Acts, ch. 361, s 1, eff. 5/13/2013.
Acts 2003 , ch. 298, § 1; 2004, ch. 840, §§ 1, 2, 26; 2004, ch. 881, § 8; 2005, ch. 481, §§ 1, 4, 27; 2006, ch. 977, § 2; 2008 , ch. 1142, §§ 1, 2, 14, 25; 2010 , ch. 1141, § 1; 2011 , ch. 437, § 1; 2012, ch. 1095, §§ 1, 2.