Tenn. Code Ann. § 49-1-1107 — TN Code / Title 49 / Chapter 1 / Section 49-1-1107
Investigation of complaints regarding violations - Probation - Appeal procedures - Orders of assessment - Civil penalties, suspension, denial, and revocation of certificates
Status: in_force

(a) If any complaint is made to the department concerning any alleged violation of the laws or regulations governing a child care program, the department shall investigate the complaint and shall take such action as it deems necessary to protect the children in the care of the program. (b) (1) If, during the certificate period, the department determines that a child care program is not in compliance with the laws or regulations governing its operation, and if after reasonable written notice to the program of the violation, the department determines that the violation remains uncorrected, the department may place the certified program on probation for a definite period of not less than thirty (30) days nor more than sixty (60) days as determined by the department, and the department shall require the posting by the program of the notice of probation. The department shall provide the program a written basis describing the violation of the certificate rules that support the basis for the probationary status. (2) (A) If placed on probation, the program shall immediately post a copy of the probation notice, together with a list provided by the department of the violations that were the basis for the probation, in a conspicuous place as directed by the department and with the program's certificate, and the program shall immediately notify in writing the custodians of each of the children in its care of the program's status, the basis for the probation and of the program's right to an informal review of the probationary status. (B) If the program requests an informal review within two (2) business days of the imposition of probation, either verbally or in writing, to the department's program staff that imposed the probation, the department shall informally review the probationary status by a child care program staff person or other designee who was not involved in the decision to impose the probation. The program may submit any written or oral statements as argument to the child care program staff person or designee within five (5) business days of the imposition of the probation. Written and oral statements may be received by any available electronic means. The child care program staff person or designee shall render a decision in writing upholding, modifying or lifting the probationary status within seven (7) business days of the imposition of the probation. (3) If the child care program staff person or designee did not lift the probation under subdivision (b)(2)(B), the program may also appeal such action in writing to the commissioner within five (5) business days of the receipt of the notice of the child care program staff's or designee's decision regarding the program's probationary status as determined in subdivision (b)(2)(B). If timely appealed, the department shall conduct an administrative hearing pursuant to the contested case provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, concerning the department's action within fifteen (15) business days of receipt of the appeal, and shall render a decision in writing within seven (7) business days following conclusion of the hearing. The hearing officer may uphold, modify or lift the probation. (4) This subsection (b) shall be discretionary with the department, and shall not be a prerequisite to any certificate action, to impose a civil penalty or to suspend, deny or revoke a certificate of a child care program. (c) (1) If the department determines that there exists any violation with respect to any person or entity required to be approved pursuant to this part, the department may assess a civil penalty against such person or entity for each separate violation of a statute, rule or order pertaining to such person or entity in an amount ranging from fifty dollars ($50.00) for minor violations up to a maximum of one thousand dollars ($1,000) for major violations or violations resulting in death or injury to a child as defined in the rules of the department. Each day of continued violation constitutes a separate violation. (2) The department shall by rule establish a graduated schedule of civil penalties designating the minimum and maximum civil penalties that may be assessed pursuant to this subsection (c). In developing the graduated civil penalty procedure, the following factors may be considered: (A) Whether the amount imposed will be a substantial economic deterrent to the violator; (B) The circumstances leading to the violation and the program's history of violations; (C) The extent of deviation from the statutes, rules or orders governing the operation of the child care program, the severity of the violation, including specifically the level of risk of harm to the children in care of the person or entity caused by the violation, and the penalty may be further classified based upon whether the violation resulted in the issuance of an order of summary suspension, denial or revocation of the certificate of the program and whether death or injury of a child occurred as a result of violation; (D) The economic benefits gained by the violator as a result of noncompliance; (E) The program's efforts to comply with the licensing requirements; and (F) The interest of the public. (3) The department shall assess the civil penalty in an order that states the reasons for the assessment of the civil penalty, the factors used to determine its assessment and the amount of the penalty. (4) The order may be served on the certificate holder personally by an authorized agent of the department who shall complete an affidavit of service, or the order may be served by certified mail, return receipt requested. (5) The certificate holder may appeal the penalty to the child care advisory council by filing a request for an appeal in writing with the commissioner within ten (10) days of the service of the order. (6) (A) Civil penalties assessed pursuant to this subsection (c) shall become final ten (10) days after the date an order of assessment is served if not timely appealed, or, if timely appealed, within seven (7) days following entry of the child care advisory council's order unless the order is stayed. (B) If the violator fails to pay an assessment when it becomes final, the department may apply to the chancery court for a judgment and seek execution of the judgment. (C) Jurisdiction for recovery of such penalties shall be in the Chancery Court of Davidson County. (7) All sums recovered pursuant to this subsection (c) shall be paid into the state treasury, but shall be earmarked to be used by the department exclusively to improve child care quality in this state by funding activities that include, but are not limited to, child care provider training activities, but excluding any costs associated with conducting criminal background checks. (8) The provisions of this subsection (c) relative to civil penalties shall be discretionary with the department, and shall not be a prerequisite to any certificate action to suspend, deny or revoke a certificate of a child care program. Civil penalties may also be imposed in conjunction with the probation, suspension, denial or revocation of a certificate. (d) (1) If the department determines that any applicant for a conditional certificate or for the renewal of an existing certificate has failed to attain, or an existing certificate holder has failed to maintain, compliance with certificate laws or regulations after reasonable notice of such failure and a reasonable opportunity to demonstrate compliance with certificate laws or regulations, the department may deny the application for the new or renewed certificate or may revoke the existing certificate; provided, that the department at any time may deny a conditional certificate if the applicant fails to meet the initial requirements for its issuance; and provided, further, if the department determines that repeated or serious violations of certificate laws or regulations warrant the denial or revocation of the certificate, then, notwithstanding any provisions of § 4-5-320 or this subsection (d) to the contrary, the department may seek denial or revocation of the certificate regardless of the program's demonstration of compliance either before or after the notice of denial of the application or after notice of the revocation. (2) Notwithstanding § 4-5-320 , the notice of denial or revocation may be served personally by an authorized representative of the department who shall verify service of the notice by affidavit, or the notice may be served by certified mail, return receipt requested. (3) If application for the temporary, annual or extended certificate is denied or if an existing certificate is revoked, the applicant may appeal the denial or revocation by requesting in writing to the department a hearing before the child care advisory council within ten (10) days of the personal delivery or mailing date of the notice of denial or revocation. Failure to timely appeal shall result in the expiration of any existing certificate immediately upon the expiration of the time for appeal. (4) The hearing upon the denial or revocation shall be heard by the child care advisory council within thirty (30) days of the date of service of the notice of denial or revocation; provided, that, for good cause as stated in an order entered on the record, the council or the administrative law judge may continue the hearing. In order to protect the children in the care of the program from any risk to their health, safety and welfare, the council or administrative law judge shall reset the hearing at the earliest date that circumstances permit. (5) (A) If timely appeal is made, pending the hearing upon the denial or revocation, the child care program may continue to operate pending the decision of the council unless the certificate is summarily suspended as provided in subsection (e). (B) The council, as part of its decision regarding the status of the applicant's application for a certificate or the certificate holder's certificate, may direct that the child care program be allowed to operate on a probationary or conditional status, or may grant or continue the certificate with any restrictions or conditions on the program's authority to provide care. (e) (1) Subject to this subsection (e), if the department determines at any time that the health, safety or welfare of the children in care of the child care program imperatively requires emergency action, and incorporates a finding to that effect in its order, summary suspension of the certificate may be ordered by the department pending any further proceedings for revocation, denial or other action. If the department determines that revocation or denial of the certificate is warranted following suspension, those proceedings shall be promptly instituted and determined as authorized by this part. (2) The department shall set forth with specificity in its order the legal and factual basis for its decision stating in the order the specific laws or regulations that were violated by the program, and shall state with specificity in the order the reasons that the issuance of the order of summary suspension is necessary to adequately protect the health, safety or welfare of children in the care of the child care program. Summary suspension may be ordered in circumstances that have resulted in death, injury or harm to a child or that have posed or threatened to pose a serious and immediate threat of harm or injury to a child based upon the intentional or negligent failure to comply with licensing laws or regulations. (3) In issuing an order of summary suspension of a certificate the department shall use, at a minimum, the following procedures: (A) The department shall proceed with the summary suspension of the program's certificate and shall notify the certificate holder of the opportunity for an informal hearing within three (3) business days of the issuance of the order of summary suspension before the department; (B) The notice provided to the certificate holder may be provided by any reasonable means and, consistent with subdivision (e)(2), shall inform the certificate holder of the reasons for the action or intended action by the department and of the opportunity for an informal hearing as permitted by subdivision (e)(3)(C); (C) The informal hearing described by this subdivision (e)(3) shall not be required to be held under the contested case provisions of the Uniform Administrative Procedures Act, compiled at title 4, chapter 5, part 3. The hearing is intended to provide an informal, reasonable opportunity for the certificate holder to present to the hearing official the certificate holder's version of the circumstances leading to the suspension order. The sole issues to be considered are whether the public health, safety or welfare imperatively required emergency action by the department and what, if any, corrective measures have been taken by the child care agency following the violation of licensing laws or regulations and prior to the issuance of the order of summary suspension that eliminate the danger to the health, safety or welfare of the children in the care of the agency. The hearing official may lift, modify or continue the order of summary suspension; and (D) Subsequent to the hearing on the summary suspension, the department may proceed with revocation or denial of the certificate or other action as authorized by this part, regardless of the decision concerning summary suspension of the certificate. (4) The department shall by rule establish any further necessary criteria that it determines are required for the determination of circumstances that warrant imposition of the summary suspension order and any other necessary procedures for implementation of the summary suspension process. (5) If the conditions existing in the child care program present an immediate threat to the health, safety or welfare of the children in care, the department may also seek a temporary restraining order from the chancery or circuit court of the county in which the child care program is located seeking immediate closure of the program to prevent further harm or threat of harm to the children in care, or immediate restraint against any violations of the certificate laws or regulations that are harming or that threaten harm to the children in care. The department may seek any further injunctive relief as permitted by law in order to protect children from the violations, or threatened violations of the certificate laws or regulations. The use of injunctive relief as provided by this subdivision (e)(5) may be used as an alternative, or supplementary measure, to the issuance of an order of summary suspension or any other administrative proceeding. (f) (1) In determining whether to deny, revoke or summarily suspend a certificate, the department may choose to deny, revoke or suspend only certain authority of the certificate holder to operate and may permit the certificate holder to continue operation, but may restrict or modify the certificate holder's authority to provide certain services or perform certain functions, including, but not limited to transportation or food service, enrollment of children at the program, the program's hours of operation, the program's use of certain parts of the program's physical facilities or any other function of the child care program that the department determines should be restricted or modified to protect the health, safety or welfare of the children. The child care advisory council, in considering the actions to be taken regarding the certificate, may likewise restrict a certificate or place whatever conditions on the certificate and the certificate holder it deems appropriate for the protection of children in the care of the program. (2) The actions by the department or the council authorized by subdivision (f)(1) may be appealed as otherwise provided in this part for any denial, revocation or suspension. (g) (1) When an application for a certificate has been denied, or a certificate has been revoked, on one (1) occasion, the child care program may not reapply for a certificate for a period of one (1) year from the effective date of the denial or revocation order if not appealed, or, if appealed, from the effective date of the council's or reviewing court's order. (2) If application for a certificate has been denied, or a certificate has been revoked, on two (2) occasions, the child care program may not reapply for a certificate for a period of two (2) years from the effective date of the denial or revocation if not appealed or, if appealed, from the effective date of the council's or reviewing court's order. (3) If an application for a certificate has been denied, or a certificate has been revoked on three (3) occasions, the child care program shall not receive another certificate for the care of children. (4) No person who served as full or part owner or as director or as a member of the management of a child care program shall receive a certificate to operate a child care program if that person participated in such capacity in a child care program that has been denied a certificate, or that had a certificate revoked, on three (3) occasions. (5) (A) The time restrictions of subdivisions (g)(1) and (2) may be waived by the child care advisory council in the hearing in which the denial or revocation is sustained, or, if requested by the former certificate holder in writing to the commissioner, in a separate subsequent hearing before the child care advisory council or, in the discretion of the commissioner, upon review by the commissioner. (B) The program must show to the council's or the commissioner's satisfaction that the program has corrected the deficiencies that led to the denial or revocation, and that the child care program can demonstrate that it has the present and future ability, and is willing, to maintain compliance with certificate laws or regulations. The decision of the council or the commissioner shall be reduced to an order, which shall be a final order pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, and may be appealed pursuant to § 4-5-322 . (C) No waiver may be granted for any permanent restriction that has been imposed pursuant to subdivision (g)(3). (h) (1) In conducting hearings before the child care advisory council on the appeal of the denial or revocation of a certificate or for review of summary suspension orders, it is the legislative intent that such hearings be promptly determined consistent with the safety of the children in the care of the child care program appealing the department's certificate action and with the due process rights of the certificate applicants or certificate holders. (2) If, however, the administrative procedures division of the office of the secretary of state certifies by letter to the recording secretary of the child care advisory council that the division's contested case docket prevents the scheduling of a hearing on the appeal of a denial or revocation of a certificate before the child care advisory council within the initial time frames set forth in this part, then the department shall have the authority to appoint a hearing officer to conduct the proceedings before the council. The substitute hearing officer shall have all authority as an administrative law judge of the department of state. The hearing may be continued by order of the council for the purpose of obtaining a substitute hearing officer. (3) Hearings on summary suspension orders shall be heard by a hearing officer of the department. Such hearing officer shall have authority, as otherwise permitted in this section, to enter orders binding on the department resulting from show cause hearings involving summary suspension orders. (i) Rules shall be promulgated pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 2000, ch. 981, § 47.
(a) If any complaint is made to the department concerning any alleged violation of the laws or regulations governing a child care program, the department shall investigate the complaint and shall take such action as it deems necessary to protect the children in the care of the program.
(b) (1) If, during the certificate period, the department determines that a child care program is not in compliance with the laws or regulations governing its operation, and if after reasonable written notice to the program of the violation, the department determines that the violation remains uncorrected, the department may place the certified program on probation for a definite period of not less than thirty (30) days nor more than sixty (60) days as determined by the department, and the department shall require the posting by the program of the notice of probation. The department shall provide the program a written basis describing the violation of the certificate rules that support the basis for the probationary status. (2) (A) If placed on probation, the program shall immediately post a copy of the probation notice, together with a list provided by the department of the violations that were the basis for the probation, in a conspicuous place as directed by the department and with the program's certificate, and the program shall immediately notify in writing the custodians of each of the children in its care of the program's status, the basis for the probation and of the program's right to an informal review of the probationary status. (B) If the program requests an informal review within two (2) business days of the imposition of probation, either verbally or in writing, to the department's program staff that imposed the probation, the department shall informally review the probationary status by a child care program staff person or other designee who was not involved in the decision to impose the probation. The program may submit any written or oral statements as argument to the child care program staff person or designee within five (5) business days of the imposition of the probation. Written and oral statements may be received by any available electronic means. The child care program staff person or designee shall render a decision in writing upholding, modifying or lifting the probationary status within seven (7) business days of the imposition of the probation. (3) If the child care program staff person or designee did not lift the probation under subdivision (b)(2)(B), the program may also appeal such action in writing to the commissioner within five (5) business days of the receipt of the notice of the child care program staff's or designee's decision regarding the program's probationary status as determined in subdivision (b)(2)(B). If timely appealed, the department shall conduct an administrative hearing pursuant to the contested case provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, concerning the department's action within fifteen (15) business days of receipt of the appeal, and shall render a decision in writing within seven (7) business days following conclusion of the hearing. The hearing officer may uphold, modify or lift the probation. (4) This subsection (b) shall be discretionary with the department, and shall not be a prerequisite to any certificate action, to impose a civil penalty or to suspend, deny or revoke a certificate of a child care program.
(1) If, during the certificate period, the department determines that a child care program is not in compliance with the laws or regulations governing its operation, and if after reasonable written notice to the program of the violation, the department determines that the violation remains uncorrected, the department may place the certified program on probation for a definite period of not less than thirty (30) days nor more than sixty (60) days as determined by the department, and the department shall require the posting by the program of the notice of probation. The department shall provide the program a written basis describing the violation of the certificate rules that support the basis for the probationary status.
(2) (A) If placed on probation, the program shall immediately post a copy of the probation notice, together with a list provided by the department of the violations that were the basis for the probation, in a conspicuous place as directed by the department and with the program's certificate, and the program shall immediately notify in writing the custodians of each of the children in its care of the program's status, the basis for the probation and of the program's right to an informal review of the probationary status. (B) If the program requests an informal review within two (2) business days of the imposition of probation, either verbally or in writing, to the department's program staff that imposed the probation, the department shall informally review the probationary status by a child care program staff person or other designee who was not involved in the decision to impose the probation. The program may submit any written or oral statements as argument to the child care program staff person or designee within five (5) business days of the imposition of the probation. Written and oral statements may be received by any available electronic means. The child care program staff person or designee shall render a decision in writing upholding, modifying or lifting the probationary status within seven (7) business days of the imposition of the probation.
(A) If placed on probation, the program shall immediately post a copy of the probation notice, together with a list provided by the department of the violations that were the basis for the probation, in a conspicuous place as directed by the department and with the program's certificate, and the program shall immediately notify in writing the custodians of each of the children in its care of the program's status, the basis for the probation and of the program's right to an informal review of the probationary status.
(B) If the program requests an informal review within two (2) business days of the imposition of probation, either verbally or in writing, to the department's program staff that imposed the probation, the department shall informally review the probationary status by a child care program staff person or other designee who was not involved in the decision to impose the probation. The program may submit any written or oral statements as argument to the child care program staff person or designee within five (5) business days of the imposition of the probation. Written and oral statements may be received by any available electronic means. The child care program staff person or designee shall render a decision in writing upholding, modifying or lifting the probationary status within seven (7) business days of the imposition of the probation.
(3) If the child care program staff person or designee did not lift the probation under subdivision (b)(2)(B), the program may also appeal such action in writing to the commissioner within five (5) business days of the receipt of the notice of the child care program staff's or designee's decision regarding the program's probationary status as determined in subdivision (b)(2)(B). If timely appealed, the department shall conduct an administrative hearing pursuant to the contested case provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, concerning the department's action within fifteen (15) business days of receipt of the appeal, and shall render a decision in writing within seven (7) business days following conclusion of the hearing. The hearing officer may uphold, modify or lift the probation.
(4) This subsection (b) shall be discretionary with the department, and shall not be a prerequisite to any certificate action, to impose a civil penalty or to suspend, deny or revoke a certificate of a child care program.
(c) (1) If the department determines that there exists any violation with respect to any person or entity required to be approved pursuant to this part, the department may assess a civil penalty against such person or entity for each separate violation of a statute, rule or order pertaining to such person or entity in an amount ranging from fifty dollars ($50.00) for minor violations up to a maximum of one thousand dollars ($1,000) for major violations or violations resulting in death or injury to a child as defined in the rules of the department. Each day of continued violation constitutes a separate violation. (2) The department shall by rule establish a graduated schedule of civil penalties designating the minimum and maximum civil penalties that may be assessed pursuant to this subsection (c). In developing the graduated civil penalty procedure, the following factors may be considered: (A) Whether the amount imposed will be a substantial economic deterrent to the violator; (B) The circumstances leading to the violation and the program's history of violations; (C) The extent of deviation from the statutes, rules or orders governing the operation of the child care program, the severity of the violation, including specifically the level of risk of harm to the children in care of the person or entity caused by the violation, and the penalty may be further classified based upon whether the violation resulted in the issuance of an order of summary suspension, denial or revocation of the certificate of the program and whether death or injury of a child occurred as a result of violation; (D) The economic benefits gained by the violator as a result of noncompliance; (E) The program's efforts to comply with the licensing requirements; and (F) The interest of the public. (3) The department shall assess the civil penalty in an order that states the reasons for the assessment of the civil penalty, the factors used to determine its assessment and the amount of the penalty. (4) The order may be served on the certificate holder personally by an authorized agent of the department who shall complete an affidavit of service, or the order may be served by certified mail, return receipt requested. (5) The certificate holder may appeal the penalty to the child care advisory council by filing a request for an appeal in writing with the commissioner within ten (10) days of the service of the order. (6) (A) Civil penalties assessed pursuant to this subsection (c) shall become final ten (10) days after the date an order of assessment is served if not timely appealed, or, if timely appealed, within seven (7) days following entry of the child care advisory council's order unless the order is stayed. (B) If the violator fails to pay an assessment when it becomes final, the department may apply to the chancery court for a judgment and seek execution of the judgment. (C) Jurisdiction for recovery of such penalties shall be in the Chancery Court of Davidson County. (7) All sums recovered pursuant to this subsection (c) shall be paid into the state treasury, but shall be earmarked to be used by the department exclusively to improve child care quality in this state by funding activities that include, but are not limited to, child care provider training activities, but excluding any costs associated with conducting criminal background checks. (8) The provisions of this subsection (c) relative to civil penalties shall be discretionary with the department, and shall not be a prerequisite to any certificate action to suspend, deny or revoke a certificate of a child care program. Civil penalties may also be imposed in conjunction with the probation, suspension, denial or revocation of a certificate.
(1) If the department determines that there exists any violation with respect to any person or entity required to be approved pursuant to this part, the department may assess a civil penalty against such person or entity for each separate violation of a statute, rule or order pertaining to such person or entity in an amount ranging from fifty dollars ($50.00) for minor violations up to a maximum of one thousand dollars ($1,000) for major violations or violations resulting in death or injury to a child as defined in the rules of the department. Each day of continued violation constitutes a separate violation.
(2) The department shall by rule establish a graduated schedule of civil penalties designating the minimum and maximum civil penalties that may be assessed pursuant to this subsection (c). In developing the graduated civil penalty procedure, the following factors may be considered: (A) Whether the amount imposed will be a substantial economic deterrent to the violator; (B) The circumstances leading to the violation and the program's history of violations; (C) The extent of deviation from the statutes, rules or orders governing the operation of the child care program, the severity of the violation, including specifically the level of risk of harm to the children in care of the person or entity caused by the violation, and the penalty may be further classified based upon whether the violation resulted in the issuance of an order of summary suspension, denial or revocation of the certificate of the program and whether death or injury of a child occurred as a result of violation; (D) The economic benefits gained by the violator as a result of noncompliance; (E) The program's efforts to comply with the licensing requirements; and (F) The interest of the public.
(A) Whether the amount imposed will be a substantial economic deterrent to the violator;
(B) The circumstances leading to the violation and the program's history of violations;
(C) The extent of deviation from the statutes, rules or orders governing the operation of the child care program, the severity of the violation, including specifically the level of risk of harm to the children in care of the person or entity caused by the violation, and the penalty may be further classified based upon whether the violation resulted in the issuance of an order of summary suspension, denial or revocation of the certificate of the program and whether death or injury of a child occurred as a result of violation;
(D) The economic benefits gained by the violator as a result of noncompliance;
(E) The program's efforts to comply with the licensing requirements; and
(F) The interest of the public.
(3) The department shall assess the civil penalty in an order that states the reasons for the assessment of the civil penalty, the factors used to determine its assessment and the amount of the penalty.
(4) The order may be served on the certificate holder personally by an authorized agent of the department who shall complete an affidavit of service, or the order may be served by certified mail, return receipt requested.
(5) The certificate holder may appeal the penalty to the child care advisory council by filing a request for an appeal in writing with the commissioner within ten (10) days of the service of the order.
(6) (A) Civil penalties assessed pursuant to this subsection (c) shall become final ten (10) days after the date an order of assessment is served if not timely appealed, or, if timely appealed, within seven (7) days following entry of the child care advisory council's order unless the order is stayed. (B) If the violator fails to pay an assessment when it becomes final, the department may apply to the chancery court for a judgment and seek execution of the judgment. (C) Jurisdiction for recovery of such penalties shall be in the Chancery Court of Davidson County.
(A) Civil penalties assessed pursuant to this subsection (c) shall become final ten (10) days after the date an order of assessment is served if not timely appealed, or, if timely appealed, within seven (7) days following entry of the child care advisory council's order unless the order is stayed.
(B) If the violator fails to pay an assessment when it becomes final, the department may apply to the chancery court for a judgment and seek execution of the judgment.
(C) Jurisdiction for recovery of such penalties shall be in the Chancery Court of Davidson County.
(7) All sums recovered pursuant to this subsection (c) shall be paid into the state treasury, but shall be earmarked to be used by the department exclusively to improve child care quality in this state by funding activities that include, but are not limited to, child care provider training activities, but excluding any costs associated with conducting criminal background checks.
(8) The provisions of this subsection (c) relative to civil penalties shall be discretionary with the department, and shall not be a prerequisite to any certificate action to suspend, deny or revoke a certificate of a child care program. Civil penalties may also be imposed in conjunction with the probation, suspension, denial or revocation of a certificate.
(d) (1) If the department determines that any applicant for a conditional certificate or for the renewal of an existing certificate has failed to attain, or an existing certificate holder has failed to maintain, compliance with certificate laws or regulations after reasonable notice of such failure and a reasonable opportunity to demonstrate compliance with certificate laws or regulations, the department may deny the application for the new or renewed certificate or may revoke the existing certificate; provided, that the department at any time may deny a conditional certificate if the applicant fails to meet the initial requirements for its issuance; and provided, further, if the department determines that repeated or serious violations of certificate laws or regulations warrant the denial or revocation of the certificate, then, notwithstanding any provisions of § 4-5-320 or this subsection (d) to the contrary, the department may seek denial or revocation of the certificate regardless of the program's demonstration of compliance either before or after the notice of denial of the application or after notice of the revocation. (2) Notwithstanding § 4-5-320 , the notice of denial or revocation may be served personally by an authorized representative of the department who shall verify service of the notice by affidavit, or the notice may be served by certified mail, return receipt requested. (3) If application for the temporary, annual or extended certificate is denied or if an existing certificate is revoked, the applicant may appeal the denial or revocation by requesting in writing to the department a hearing before the child care advisory council within ten (10) days of the personal delivery or mailing date of the notice of denial or revocation. Failure to timely appeal shall result in the expiration of any existing certificate immediately upon the expiration of the time for appeal. (4) The hearing upon the denial or revocation shall be heard by the child care advisory council within thirty (30) days of the date of service of the notice of denial or revocation; provided, that, for good cause as stated in an order entered on the record, the council or the administrative law judge may continue the hearing. In order to protect the children in the care of the program from any risk to their health, safety and welfare, the council or administrative law judge shall reset the hearing at the earliest date that circumstances permit. (5) (A) If timely appeal is made, pending the hearing upon the denial or revocation, the child care program may continue to operate pending the decision of the council unless the certificate is summarily suspended as provided in subsection (e). (B) The council, as part of its decision regarding the status of the applicant's application for a certificate or the certificate holder's certificate, may direct that the child care program be allowed to operate on a probationary or conditional status, or may grant or continue the certificate with any restrictions or conditions on the program's authority to provide care.
(1) If the department determines that any applicant for a conditional certificate or for the renewal of an existing certificate has failed to attain, or an existing certificate holder has failed to maintain, compliance with certificate laws or regulations after reasonable notice of such failure and a reasonable opportunity to demonstrate compliance with certificate laws or regulations, the department may deny the application for the new or renewed certificate or may revoke the existing certificate; provided, that the department at any time may deny a conditional certificate if the applicant fails to meet the initial requirements for its issuance; and provided, further, if the department determines that repeated or serious violations of certificate laws or regulations warrant the denial or revocation of the certificate, then, notwithstanding any provisions of § 4-5-320 or this subsection (d) to the contrary, the department may seek denial or revocation of the certificate regardless of the program's demonstration of compliance either before or after the notice of denial of the application or after notice of the revocation.
(2) Notwithstanding § 4-5-320 , the notice of denial or revocation may be served personally by an authorized representative of the department who shall verify service of the notice by affidavit, or the notice may be served by certified mail, return receipt requested.
(3) If application for the temporary, annual or extended certificate is denied or if an existing certificate is revoked, the applicant may appeal the denial or revocation by requesting in writing to the department a hearing before the child care advisory council within ten (10) days of the personal delivery or mailing date of the notice of denial or revocation. Failure to timely appeal shall result in the expiration of any existing certificate immediately upon the expiration of the time for appeal.
(4) The hearing upon the denial or revocation shall be heard by the child care advisory council within thirty (30) days of the date of service of the notice of denial or revocation; provided, that, for good cause as stated in an order entered on the record, the council or the administrative law judge may continue the hearing. In order to protect the children in the care of the program from any risk to their health, safety and welfare, the council or administrative law judge shall reset the hearing at the earliest date that circumstances permit.
(5) (A) If timely appeal is made, pending the hearing upon the denial or revocation, the child care program may continue to operate pending the decision of the council unless the certificate is summarily suspended as provided in subsection (e). (B) The council, as part of its decision regarding the status of the applicant's application for a certificate or the certificate holder's certificate, may direct that the child care program be allowed to operate on a probationary or conditional status, or may grant or continue the certificate with any restrictions or conditions on the program's authority to provide care.
(A) If timely appeal is made, pending the hearing upon the denial or revocation, the child care program may continue to operate pending the decision of the council unless the certificate is summarily suspended as provided in subsection (e).
(B) The council, as part of its decision regarding the status of the applicant's application for a certificate or the certificate holder's certificate, may direct that the child care program be allowed to operate on a probationary or conditional status, or may grant or continue the certificate with any restrictions or conditions on the program's authority to provide care.
(e) (1) Subject to this subsection (e), if the department determines at any time that the health, safety or welfare of the children in care of the child care program imperatively requires emergency action, and incorporates a finding to that effect in its order, summary suspension of the certificate may be ordered by the department pending any further proceedings for revocation, denial or other action. If the department determines that revocation or denial of the certificate is warranted following suspension, those proceedings shall be promptly instituted and determined as authorized by this part. (2) The department shall set forth with specificity in its order the legal and factual basis for its decision stating in the order the specific laws or regulations that were violated by the program, and shall state with specificity in the order the reasons that the issuance of the order of summary suspension is necessary to adequately protect the health, safety or welfare of children in the care of the child care program. Summary suspension may be ordered in circumstances that have resulted in death, injury or harm to a child or that have posed or threatened to pose a serious and immediate threat of harm or injury to a child based upon the intentional or negligent failure to comply with licensing laws or regulations. (3) In issuing an order of summary suspension of a certificate the department shall use, at a minimum, the following procedures: (A) The department shall proceed with the summary suspension of the program's certificate and shall notify the certificate holder of the opportunity for an informal hearing within three (3) business days of the issuance of the order of summary suspension before the department; (B) The notice provided to the certificate holder may be provided by any reasonable means and, consistent with subdivision (e)(2), shall inform the certificate holder of the reasons for the action or intended action by the department and of the opportunity for an informal hearing as permitted by subdivision (e)(3)(C); (C) The informal hearing described by this subdivision (e)(3) shall not be required to be held under the contested case provisions of the Uniform Administrative Procedures Act, compiled at title 4, chapter 5, part 3. The hearing is intended to provide an informal, reasonable opportunity for the certificate holder to present to the hearing official the certificate holder's version of the circumstances leading to the suspension order. The sole issues to be considered are whether the public health, safety or welfare imperatively required emergency action by the department and what, if any, corrective measures have been taken by the child care agency following the violation of licensing laws or regulations and prior to the issuance of the order of summary suspension that eliminate the danger to the health, safety or welfare of the children in the care of the agency. The hearing official may lift, modify or continue the order of summary suspension; and (D) Subsequent to the hearing on the summary suspension, the department may proceed with revocation or denial of the certificate or other action as authorized by this part, regardless of the decision concerning summary suspension of the certificate. (4) The department shall by rule establish any further necessary criteria that it determines are required for the determination of circumstances that warrant imposition of the summary suspension order and any other necessary procedures for implementation of the summary suspension process. (5) If the conditions existing in the child care program present an immediate threat to the health, safety or welfare of the children in care, the department may also seek a temporary restraining order from the chancery or circuit court of the county in which the child care program is located seeking immediate closure of the program to prevent further harm or threat of harm to the children in care, or immediate restraint against any violations of the certificate laws or regulations that are harming or that threaten harm to the children in care. The department may seek any further injunctive relief as permitted by law in order to protect children from the violations, or threatened violations of the certificate laws or regulations. The use of injunctive relief as provided by this subdivision (e)(5) may be used as an alternative, or supplementary measure, to the issuance of an order of summary suspension or any other administrative proceeding.
(1) Subject to this subsection (e), if the department determines at any time that the health, safety or welfare of the children in care of the child care program imperatively requires emergency action, and incorporates a finding to that effect in its order, summary suspension of the certificate may be ordered by the department pending any further proceedings for revocation, denial or other action. If the department determines that revocation or denial of the certificate is warranted following suspension, those proceedings shall be promptly instituted and determined as authorized by this part.
(2) The department shall set forth with specificity in its order the legal and factual basis for its decision stating in the order the specific laws or regulations that were violated by the program, and shall state with specificity in the order the reasons that the issuance of the order of summary suspension is necessary to adequately protect the health, safety or welfare of children in the care of the child care program. Summary suspension may be ordered in circumstances that have resulted in death, injury or harm to a child or that have posed or threatened to pose a serious and immediate threat of harm or injury to a child based upon the intentional or negligent failure to comply with licensing laws or regulations.
(3) In issuing an order of summary suspension of a certificate the department shall use, at a minimum, the following procedures: (A) The department shall proceed with the summary suspension of the program's certificate and shall notify the certificate holder of the opportunity for an informal hearing within three (3) business days of the issuance of the order of summary suspension before the department; (B) The notice provided to the certificate holder may be provided by any reasonable means and, consistent with subdivision (e)(2), shall inform the certificate holder of the reasons for the action or intended action by the department and of the opportunity for an informal hearing as permitted by subdivision (e)(3)(C); (C) The informal hearing described by this subdivision (e)(3) shall not be required to be held under the contested case provisions of the Uniform Administrative Procedures Act, compiled at title 4, chapter 5, part 3. The hearing is intended to provide an informal, reasonable opportunity for the certificate holder to present to the hearing official the certificate holder's version of the circumstances leading to the suspension order. The sole issues to be considered are whether the public health, safety or welfare imperatively required emergency action by the department and what, if any, corrective measures have been taken by the child care agency following the violation of licensing laws or regulations and prior to the issuance of the order of summary suspension that eliminate the danger to the health, safety or welfare of the children in the care of the agency. The hearing official may lift, modify or continue the order of summary suspension; and (D) Subsequent to the hearing on the summary suspension, the department may proceed with revocation or denial of the certificate or other action as authorized by this part, regardless of the decision concerning summary suspension of the certificate.
(A) The department shall proceed with the summary suspension of the program's certificate and shall notify the certificate holder of the opportunity for an informal hearing within three (3) business days of the issuance of the order of summary suspension before the department;
(B) The notice provided to the certificate holder may be provided by any reasonable means and, consistent with subdivision (e)(2), shall inform the certificate holder of the reasons for the action or intended action by the department and of the opportunity for an informal hearing as permitted by subdivision (e)(3)(C);
(C) The informal hearing described by this subdivision (e)(3) shall not be required to be held under the contested case provisions of the Uniform Administrative Procedures Act, compiled at title 4, chapter 5, part 3. The hearing is intended to provide an informal, reasonable opportunity for the certificate holder to present to the hearing official the certificate holder's version of the circumstances leading to the suspension order. The sole issues to be considered are whether the public health, safety or welfare imperatively required emergency action by the department and what, if any, corrective measures have been taken by the child care agency following the violation of licensing laws or regulations and prior to the issuance of the order of summary suspension that eliminate the danger to the health, safety or welfare of the children in the care of the agency. The hearing official may lift, modify or continue the order of summary suspension; and
(D) Subsequent to the hearing on the summary suspension, the department may proceed with revocation or denial of the certificate or other action as authorized by this part, regardless of the decision concerning summary suspension of the certificate.
(4) The department shall by rule establish any further necessary criteria that it determines are required for the determination of circumstances that warrant imposition of the summary suspension order and any other necessary procedures for implementation of the summary suspension process.
(5) If the conditions existing in the child care program present an immediate threat to the health, safety or welfare of the children in care, the department may also seek a temporary restraining order from the chancery or circuit court of the county in which the child care program is located seeking immediate closure of the program to prevent further harm or threat of harm to the children in care, or immediate restraint against any violations of the certificate laws or regulations that are harming or that threaten harm to the children in care. The department may seek any further injunctive relief as permitted by law in order to protect children from the violations, or threatened violations of the certificate laws or regulations. The use of injunctive relief as provided by this subdivision (e)(5) may be used as an alternative, or supplementary measure, to the issuance of an order of summary suspension or any other administrative proceeding.
(f) (1) In determining whether to deny, revoke or summarily suspend a certificate, the department may choose to deny, revoke or suspend only certain authority of the certificate holder to operate and may permit the certificate holder to continue operation, but may restrict or modify the certificate holder's authority to provide certain services or perform certain functions, including, but not limited to transportation or food service, enrollment of children at the program, the program's hours of operation, the program's use of certain parts of the program's physical facilities or any other function of the child care program that the department determines should be restricted or modified to protect the health, safety or welfare of the children. The child care advisory council, in considering the actions to be taken regarding the certificate, may likewise restrict a certificate or place whatever conditions on the certificate and the certificate holder it deems appropriate for the protection of children in the care of the program. (2) The actions by the department or the council authorized by subdivision (f)(1) may be appealed as otherwise provided in this part for any denial, revocation or suspension.
(1) In determining whether to deny, revoke or summarily suspend a certificate, the department may choose to deny, revoke or suspend only certain authority of the certificate holder to operate and may permit the certificate holder to continue operation, but may restrict or modify the certificate holder's authority to provide certain services or perform certain functions, including, but not limited to transportation or food service, enrollment of children at the program, the program's hours of operation, the program's use of certain parts of the program's physical facilities or any other function of the child care program that the department determines should be restricted or modified to protect the health, safety or welfare of the children. The child care advisory council, in considering the actions to be taken regarding the certificate, may likewise restrict a certificate or place whatever conditions on the certificate and the certificate holder it deems appropriate for the protection of children in the care of the program.
(2) The actions by the department or the council authorized by subdivision (f)(1) may be appealed as otherwise provided in this part for any denial, revocation or suspension.
(g) (1) When an application for a certificate has been denied, or a certificate has been revoked, on one (1) occasion, the child care program may not reapply for a certificate for a period of one (1) year from the effective date of the denial or revocation order if not appealed, or, if appealed, from the effective date of the council's or reviewing court's order. (2) If application for a certificate has been denied, or a certificate has been revoked, on two (2) occasions, the child care program may not reapply for a certificate for a period of two (2) years from the effective date of the denial or revocation if not appealed or, if appealed, from the effective date of the council's or reviewing court's order. (3) If an application for a certificate has been denied, or a certificate has been revoked on three (3) occasions, the child care program shall not receive another certificate for the care of children. (4) No person who served as full or part owner or as director or as a member of the management of a child care program shall receive a certificate to operate a child care program if that person participated in such capacity in a child care program that has been denied a certificate, or that had a certificate revoked, on three (3) occasions. (5) (A) The time restrictions of subdivisions (g)(1) and (2) may be waived by the child care advisory council in the hearing in which the denial or revocation is sustained, or, if requested by the former certificate holder in writing to the commissioner, in a separate subsequent hearing before the child care advisory council or, in the discretion of the commissioner, upon review by the commissioner. (B) The program must show to the council's or the commissioner's satisfaction that the program has corrected the deficiencies that led to the denial or revocation, and that the child care program can demonstrate that it has the present and future ability, and is willing, to maintain compliance with certificate laws or regulations. The decision of the council or the commissioner shall be reduced to an order, which shall be a final order pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, and may be appealed pursuant to § 4-5-322 . (C) No waiver may be granted for any permanent restriction that has been imposed pursuant to subdivision (g)(3).
(1) When an application for a certificate has been denied, or a certificate has been revoked, on one (1) occasion, the child care program may not reapply for a certificate for a period of one (1) year from the effective date of the denial or revocation order if not appealed, or, if appealed, from the effective date of the council's or reviewing court's order.
(2) If application for a certificate has been denied, or a certificate has been revoked, on two (2) occasions, the child care program may not reapply for a certificate for a period of two (2) years from the effective date of the denial or revocation if not appealed or, if appealed, from the effective date of the council's or reviewing court's order.
(3) If an application for a certificate has been denied, or a certificate has been revoked on three (3) occasions, the child care program shall not receive another certificate for the care of children.
(4) No person who served as full or part owner or as director or as a member of the management of a child care program shall receive a certificate to operate a child care program if that person participated in such capacity in a child care program that has been denied a certificate, or that had a certificate revoked, on three (3) occasions.
(5) (A) The time restrictions of subdivisions (g)(1) and (2) may be waived by the child care advisory council in the hearing in which the denial or revocation is sustained, or, if requested by the former certificate holder in writing to the commissioner, in a separate subsequent hearing before the child care advisory council or, in the discretion of the commissioner, upon review by the commissioner. (B) The program must show to the council's or the commissioner's satisfaction that the program has corrected the deficiencies that led to the denial or revocation, and that the child care program can demonstrate that it has the present and future ability, and is willing, to maintain compliance with certificate laws or regulations. The decision of the council or the commissioner shall be reduced to an order, which shall be a final order pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, and may be appealed pursuant to § 4-5-322 . (C) No waiver may be granted for any permanent restriction that has been imposed pursuant to subdivision (g)(3).
(A) The time restrictions of subdivisions (g)(1) and (2) may be waived by the child care advisory council in the hearing in which the denial or revocation is sustained, or, if requested by the former certificate holder in writing to the commissioner, in a separate subsequent hearing before the child care advisory council or, in the discretion of the commissioner, upon review by the commissioner.
(B) The program must show to the council's or the commissioner's satisfaction that the program has corrected the deficiencies that led to the denial or revocation, and that the child care program can demonstrate that it has the present and future ability, and is willing, to maintain compliance with certificate laws or regulations. The decision of the council or the commissioner shall be reduced to an order, which shall be a final order pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, and may be appealed pursuant to § 4-5-322 .
(C) No waiver may be granted for any permanent restriction that has been imposed pursuant to subdivision (g)(3).
(h) (1) In conducting hearings before the child care advisory council on the appeal of the denial or revocation of a certificate or for review of summary suspension orders, it is the legislative intent that such hearings be promptly determined consistent with the safety of the children in the care of the child care program appealing the department's certificate action and with the due process rights of the certificate applicants or certificate holders. (2) If, however, the administrative procedures division of the office of the secretary of state certifies by letter to the recording secretary of the child care advisory council that the division's contested case docket prevents the scheduling of a hearing on the appeal of a denial or revocation of a certificate before the child care advisory council within the initial time frames set forth in this part, then the department shall have the authority to appoint a hearing officer to conduct the proceedings before the council. The substitute hearing officer shall have all authority as an administrative law judge of the department of state. The hearing may be continued by order of the council for the purpose of obtaining a substitute hearing officer. (3) Hearings on summary suspension orders shall be heard by a hearing officer of the department. Such hearing officer shall have authority, as otherwise permitted in this section, to enter orders binding on the department resulting from show cause hearings involving summary suspension orders.
(1) In conducting hearings before the child care advisory council on the appeal of the denial or revocation of a certificate or for review of summary suspension orders, it is the legislative intent that such hearings be promptly determined consistent with the safety of the children in the care of the child care program appealing the department's certificate action and with the due process rights of the certificate applicants or certificate holders.
(2) If, however, the administrative procedures division of the office of the secretary of state certifies by letter to the recording secretary of the child care advisory council that the division's contested case docket prevents the scheduling of a hearing on the appeal of a denial or revocation of a certificate before the child care advisory council within the initial time frames set forth in this part, then the department shall have the authority to appoint a hearing officer to conduct the proceedings before the council. The substitute hearing officer shall have all authority as an administrative law judge of the department of state. The hearing may be continued by order of the council for the purpose of obtaining a substitute hearing officer.
(3) Hearings on summary suspension orders shall be heard by a hearing officer of the department. Such hearing officer shall have authority, as otherwise permitted in this section, to enter orders binding on the department resulting from show cause hearings involving summary suspension orders.
(i) Rules shall be promulgated pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2000, ch. 981, § 47.
Tenn. Code Ann. § 49-11-802 — TN Code / Title 49 / Chapter 11 / Section 49-11-802
"Statewide comprehensive rehabilitation and training center" defined
Status: in_force

"Statewide comprehensive rehabilitation and training center" means a resident facility for people with disabilities where they may be provided rehabilitation services, including, but not limited to, physical and occupational therapy, vocational evaluation, personal and social evaluation, personal adjustment training and work conditioning and, where both resident and nonresident persons with disabilities and persons without disabilities not in residence may be provided evaluation and testing, counseling and guidance, and vocational training. Acts 1973, ch. 290, § 2; T.C.A., § 49-2830; Acts 2011, ch. 47, § 50.
"Statewide comprehensive rehabilitation and training center" means a resident facility for people with disabilities where they may be provided rehabilitation services, including, but not limited to, physical and occupational therapy, vocational evaluation, personal and social evaluation, personal adjustment training and work conditioning and, where both resident and nonresident persons with disabilities and persons without disabilities not in residence may be provided evaluation and testing, counseling and guidance, and vocational training.
Acts 1973, ch. 290, § 2; T.C.A., § 49-2830; Acts 2011, ch. 47, § 50.
Tenn. Code Ann. § 49-13-106 — TN Code / Title 49 / Chapter 13 / Section 49-13-106
Creation or conversion of charter schools
Status: in_force

(a) Public charter schools are part of the state program of public education. (b) A charter shall not be granted to a for-profit corporation. (c) A nonpublic school, as defined in § 49-6-3001 , or other private, religious, or church school, shall not establish a public charter school pursuant to this chapter. (d) A cyber-based public charter school shall not be authorized. (e) (1) A public charter school shall not charge registration fees, enrollment fees, or tuition; provided, however, that tuition may be charged if, in accordance with § 49-13-113(b) , the governing body of the public charter school approves a student's transfer from another LEA to the public charter school pursuant to § 49-6-3003 . (2) Notwithstanding subdivision (e)(1), an opportunity public charter school shall not charge registration fees, enrollment fees, or tuition to the students enrolled in the public charter school. (f) (1) Public charter schools may be formed to provide quality educational options for all students residing within the jurisdiction of the authorizer. (2) The achievement school district may authorize charter schools within the jurisdiction of the LEA for the purpose of providing opportunities for students within the LEA who are zoned to attend or enrolled in a school that is eligible to be placed in the achievement school district. For the purposes of this subdivision (f)(2), students shall not be considered "zoned" for a school that is open to all students within the LEA unless they are assigned to the school based on the LEA's geographic zoning policies. (3) Notwithstanding subdivision (f)(1), opportunity public charter schools may be formed to provide high-quality educational options for students residing within this state. Participation in an opportunity public charter school must be based on parental choice or the choice of the legal guardian or custodian pursuant to § 49-13-113(a) . (g) A public charter school may be formed by creating a new school or converting a school to charter status pursuant to this chapter. (h) Nothing in this chapter shall be construed to prohibit any individual or organization from providing funding or other assistance to the establishment or operation of a public charter school, but the funding or assistance shall not entitle the individual or organization to any ownership interest in the school other than a security interest for repayment of a loan or mortgage. The funding or assistance shall be disclosed as provided in § 49-13-107 . (i) (1) If a sponsor seeks to establish a new public charter school, then the sponsor must apply to the local board of education. (2) A sponsor seeking to establish an opportunity public charter school must apply to the local board of education. A sponsor applying to establish an opportunity public charter school must comply with § 49-13-107 . (j) (1) If a sponsor seeks to convert an existing public school to a public charter school, then the sponsor must apply to the local board of education. This subdivision (j)(1) does not apply if the existing public school has entered the achievement school district pursuant to § 49-1-614 . (2) (A) Local boards of education may request that a sponsor apply to convert an existing public school to a public charter school. (B) Upon a local board of education's review of a sponsor's application for a new public charter school, the local board of education may request that the sponsor amend the public charter school application to provide for the conversion of an existing public school. (C) This subdivision (j)(2) does not require a local board of education to approve a sponsor's application to convert an existing public school to a public charter school. (3) An existing public school may convert to a public charter school pursuant to this chapter if the parents of at least sixty percent (60%) of the children enrolled in the school, or at least sixty percent (60%) of the teachers assigned to the school, support the conversion and demonstrate such support by signing a petition seeking conversion, and if the LEA approves the application for conversion. The percentage of parents signing a petition must be calculated on the basis of one (1) vote for each child enrolled in the school. (4) A public charter school sponsor shall submit the sponsor's application for conversion to the local board of education. The local board of education shall act on the application no later than ninety (90) days after the date on which the application was submitted. (5) If the application for conversion of an existing public school to a public charter school is approved, then: (A) The conversion must occur at the beginning of an academic school year. The conversion public charter school shall be subject to compliance with this chapter; (B) Any teacher or administrator in the conversion public charter school shall be allowed to transfer into vacant positions in other schools in the LEA for which they are certified before the LEA hires new personnel to fill the vacant positions. Personnel who transfer into vacant positions in other schools in the LEA shall not suffer any impairment, interruption, or diminution of the rights and privileges of a then existing teacher or administrator, and the rights and privileges shall continue without impairment, interruption, or diminution with the local board of education. "Rights and privileges," as used in this subdivision (j)(5)(B), include, but are not limited to, salary, pension, retirement benefits, sick leave accumulation, tenure, seniority, and contract rights with the local board of education. The director of schools has the option to specifically assign teachers or administrators in a conversion public charter school to vacant positions in other schools in the LEA; (C) Enrollment preference shall be given to students who reside within the former school zone of the converted public school. The enrollment preference for students who reside within the former attendance area excludes such students from entering into a lottery; (D) The conversion public charter school may enroll students living in other school zones after students residing within the school zone have had the opportunity to enroll, but only if there is program, class, grade level, and building capacity to serve the out-of-zone students. If applications by out-of-zone students exceed the conversion public charter school's capacity, then enrollment of out-of-zone students must be determined on the basis of a lottery. Out-of-zone students who attended the school during the previous school year and the siblings of students who attended the school may be given preference in enrollment; (E) A parent of a child who is enrolled at the conversion public school may enroll the parent's child in another public school without penalty; and (F) The conversion public charter school shall occupy the converted public school's existing facility. (6) If the local board of education denies the application for conversion, then the decision is final and is not subject to appeal. (7) A charter agreement shall not be granted under this chapter that authorizes the conversion of any private, parochial, cyber-based, or home-based school to charter status. (k) (1) (A) A sponsor may apply to a local board of education to establish an opportunity public charter school. The application process must be conducted in accordance with §§ 49-13-107 and 49-13-108 . (B) A public school converted to an opportunity public charter school shall not give an enrollment preference to students who reside within the former school zone of the converted public school, unless the student is an at-risk student, as defined in § 49-13-104 . (C) (i) The Tennessee investment in student achievement formula school funds generated by an at-risk student who transfers to an opportunity public charter school located in an LEA other than the LEA in which the at-risk student resides must follow the at-risk student into the LEA in which the opportunity public charter school is located, but only for the first school year in which the at-risk student is enrolled in the opportunity public charter school. The LEA in which the opportunity public charter school is located shall not charge tuition to such students. (ii) This subdivision (k)(1)(C) does not preclude an LEA from entering into an agreement with another LEA whereby additional funds may be transferred from the sending LEA to the receiving LEA for the purpose of educating the child. (2) An opportunity public charter school authorized to serve a student population composed of at-risk students in grades six through twelve (6-12) through a residential program may be operated as a single-sex school that only enrolls students of a respective sex, as defined in § 49-2-802 . (3) (A) Notwithstanding another law to the contrary, an opportunity public charter school that serves a student population composed of at-risk students in grades six through twelve (6-12) through a residential program must be operated on a year-round basis, which must not operate to reduce the level of state support to the public charter school. The commissioner of education shall make adjustments necessary to accommodate the opportunity public charter school's year-round operation so as not to diminish state financial support. The charter agreement must specify the date by which the school year must commence. (B) An opportunity public charter school shall not provide a residential program for enrolled students unless fifty percent (50%) or more of the students enrolled in the opportunity public charter school are residents of the LEA in which the opportunity public charter school is located, and were residents of such LEA when the students applied to enroll in the opportunity public charter school. (4) Notwithstanding subdivision (k)(1)(C)(i), funding for an opportunity public charter school must comply with § 49-13-112 . (5) Notwithstanding another law to the contrary, an opportunity public charter school shall not open before the 2026-2027 school year. (6) The state board of education, in consultation with the commission, may promulgate rules to effectuate this subsection (k). The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Amended by 2024 Tenn. Acts, ch. 1066,s 5, eff. 7/1/2024, app. to opportunity public charter schools applying to open in the 2026- 2027 school year or in a subsequent school year. Amended by 2024 Tenn. Acts, ch. 1066,s 4, eff. 7/1/2024, app. to opportunity public charter schools applying to open in the 2026- 2027 school year or in a subsequent school year. Amended by 2024 Tenn. Acts, ch. 1066,s 3, eff. 7/1/2024, app. to opportunity public charter schools applying to open in the 2026- 2027 school year or in a subsequent school year. Amended by 2024 Tenn. Acts, ch. 1066,s 2, eff. 7/1/2024, app. to opportunity public charter schools applying to open in the 2026- 2027 school year or in a subsequent school year. Amended by 2019 Tenn. Acts, ch. 219, Secs.s 8, s 9, s 10, s 11, s 12, s 13, s 14eff. 4/26/2019. Amended by 2017 Tenn. Acts, ch. 307, s 5, eff. 7/1/2017. Amended by 2017 Tenn. Acts, ch. 307, s 4, eff. 7/1/2017. Amended by 2015 Tenn. Acts, ch. 507, s 2, eff. 7/1/2015. Amended by 2015 Tenn. Acts, ch. 507, s 1, eff. 7/1/2015. Amended by 2014 Tenn. Acts, ch. 850, s 4, eff. 4/30/2014. Amended by 2013 Tenn. Acts, ch. 326, s 2, eff. 7/1/2013. Acts 2002, ch. 850, § 6; 2005, ch. 414, §§2 - 5; 2008 , ch. 888, § 5; 2008 , ch. 1133, §§ 1, 4; 2009 , ch. 262, § 6; 2009 , ch. 555, §§ 2, 3, 5, 6, 14, 18; 2011 , ch. 466, §§ 2- 6; 2011 , ch. 507, § 3; 2012 , ch. 962, § 3; 2012 , ch. 1021, § 2; 2012, ch. 1097, § 1.
(a) Public charter schools are part of the state program of public education.
(b) A charter shall not be granted to a for-profit corporation.
(c) A nonpublic school, as defined in § 49-6-3001 , or other private, religious, or church school, shall not establish a public charter school pursuant to this chapter.
(d) A cyber-based public charter school shall not be authorized.
(e) (1) A public charter school shall not charge registration fees, enrollment fees, or tuition; provided, however, that tuition may be charged if, in accordance with § 49-13-113(b) , the governing body of the public charter school approves a student's transfer from another LEA to the public charter school pursuant to § 49-6-3003 . (2) Notwithstanding subdivision (e)(1), an opportunity public charter school shall not charge registration fees, enrollment fees, or tuition to the students enrolled in the public charter school.
(1) A public charter school shall not charge registration fees, enrollment fees, or tuition; provided, however, that tuition may be charged if, in accordance with § 49-13-113(b) , the governing body of the public charter school approves a student's transfer from another LEA to the public charter school pursuant to § 49-6-3003 .
(2) Notwithstanding subdivision (e)(1), an opportunity public charter school shall not charge registration fees, enrollment fees, or tuition to the students enrolled in the public charter school.
(f) (1) Public charter schools may be formed to provide quality educational options for all students residing within the jurisdiction of the authorizer. (2) The achievement school district may authorize charter schools within the jurisdiction of the LEA for the purpose of providing opportunities for students within the LEA who are zoned to attend or enrolled in a school that is eligible to be placed in the achievement school district. For the purposes of this subdivision (f)(2), students shall not be considered "zoned" for a school that is open to all students within the LEA unless they are assigned to the school based on the LEA's geographic zoning policies. (3) Notwithstanding subdivision (f)(1), opportunity public charter schools may be formed to provide high-quality educational options for students residing within this state. Participation in an opportunity public charter school must be based on parental choice or the choice of the legal guardian or custodian pursuant to § 49-13-113(a) .
(1) Public charter schools may be formed to provide quality educational options for all students residing within the jurisdiction of the authorizer.
(2) The achievement school district may authorize charter schools within the jurisdiction of the LEA for the purpose of providing opportunities for students within the LEA who are zoned to attend or enrolled in a school that is eligible to be placed in the achievement school district. For the purposes of this subdivision (f)(2), students shall not be considered "zoned" for a school that is open to all students within the LEA unless they are assigned to the school based on the LEA's geographic zoning policies.
(3) Notwithstanding subdivision (f)(1), opportunity public charter schools may be formed to provide high-quality educational options for students residing within this state. Participation in an opportunity public charter school must be based on parental choice or the choice of the legal guardian or custodian pursuant to § 49-13-113(a) .
(g) A public charter school may be formed by creating a new school or converting a school to charter status pursuant to this chapter.
(h) Nothing in this chapter shall be construed to prohibit any individual or organization from providing funding or other assistance to the establishment or operation of a public charter school, but the funding or assistance shall not entitle the individual or organization to any ownership interest in the school other than a security interest for repayment of a loan or mortgage. The funding or assistance shall be disclosed as provided in § 49-13-107 .
(i) (1) If a sponsor seeks to establish a new public charter school, then the sponsor must apply to the local board of education. (2) A sponsor seeking to establish an opportunity public charter school must apply to the local board of education. A sponsor applying to establish an opportunity public charter school must comply with § 49-13-107 .
(1) If a sponsor seeks to establish a new public charter school, then the sponsor must apply to the local board of education.
(2) A sponsor seeking to establish an opportunity public charter school must apply to the local board of education. A sponsor applying to establish an opportunity public charter school must comply with § 49-13-107 .
(j) (1) If a sponsor seeks to convert an existing public school to a public charter school, then the sponsor must apply to the local board of education. This subdivision (j)(1) does not apply if the existing public school has entered the achievement school district pursuant to § 49-1-614 . (2) (A) Local boards of education may request that a sponsor apply to convert an existing public school to a public charter school. (B) Upon a local board of education's review of a sponsor's application for a new public charter school, the local board of education may request that the sponsor amend the public charter school application to provide for the conversion of an existing public school. (C) This subdivision (j)(2) does not require a local board of education to approve a sponsor's application to convert an existing public school to a public charter school. (3) An existing public school may convert to a public charter school pursuant to this chapter if the parents of at least sixty percent (60%) of the children enrolled in the school, or at least sixty percent (60%) of the teachers assigned to the school, support the conversion and demonstrate such support by signing a petition seeking conversion, and if the LEA approves the application for conversion. The percentage of parents signing a petition must be calculated on the basis of one (1) vote for each child enrolled in the school. (4) A public charter school sponsor shall submit the sponsor's application for conversion to the local board of education. The local board of education shall act on the application no later than ninety (90) days after the date on which the application was submitted. (5) If the application for conversion of an existing public school to a public charter school is approved, then: (A) The conversion must occur at the beginning of an academic school year. The conversion public charter school shall be subject to compliance with this chapter; (B) Any teacher or administrator in the conversion public charter school shall be allowed to transfer into vacant positions in other schools in the LEA for which they are certified before the LEA hires new personnel to fill the vacant positions. Personnel who transfer into vacant positions in other schools in the LEA shall not suffer any impairment, interruption, or diminution of the rights and privileges of a then existing teacher or administrator, and the rights and privileges shall continue without impairment, interruption, or diminution with the local board of education. "Rights and privileges," as used in this subdivision (j)(5)(B), include, but are not limited to, salary, pension, retirement benefits, sick leave accumulation, tenure, seniority, and contract rights with the local board of education. The director of schools has the option to specifically assign teachers or administrators in a conversion public charter school to vacant positions in other schools in the LEA; (C) Enrollment preference shall be given to students who reside within the former school zone of the converted public school. The enrollment preference for students who reside within the former attendance area excludes such students from entering into a lottery; (D) The conversion public charter school may enroll students living in other school zones after students residing within the school zone have had the opportunity to enroll, but only if there is program, class, grade level, and building capacity to serve the out-of-zone students. If applications by out-of-zone students exceed the conversion public charter school's capacity, then enrollment of out-of-zone students must be determined on the basis of a lottery. Out-of-zone students who attended the school during the previous school year and the siblings of students who attended the school may be given preference in enrollment; (E) A parent of a child who is enrolled at the conversion public school may enroll the parent's child in another public school without penalty; and (F) The conversion public charter school shall occupy the converted public school's existing facility. (6) If the local board of education denies the application for conversion, then the decision is final and is not subject to appeal. (7) A charter agreement shall not be granted under this chapter that authorizes the conversion of any private, parochial, cyber-based, or home-based school to charter status.
(1) If a sponsor seeks to convert an existing public school to a public charter school, then the sponsor must apply to the local board of education. This subdivision (j)(1) does not apply if the existing public school has entered the achievement school district pursuant to § 49-1-614 .
(2) (A) Local boards of education may request that a sponsor apply to convert an existing public school to a public charter school. (B) Upon a local board of education's review of a sponsor's application for a new public charter school, the local board of education may request that the sponsor amend the public charter school application to provide for the conversion of an existing public school. (C) This subdivision (j)(2) does not require a local board of education to approve a sponsor's application to convert an existing public school to a public charter school.
(A) Local boards of education may request that a sponsor apply to convert an existing public school to a public charter school.
(B) Upon a local board of education's review of a sponsor's application for a new public charter school, the local board of education may request that the sponsor amend the public charter school application to provide for the conversion of an existing public school.
(C) This subdivision (j)(2) does not require a local board of education to approve a sponsor's application to convert an existing public school to a public charter school.
(3) An existing public school may convert to a public charter school pursuant to this chapter if the parents of at least sixty percent (60%) of the children enrolled in the school, or at least sixty percent (60%) of the teachers assigned to the school, support the conversion and demonstrate such support by signing a petition seeking conversion, and if the LEA approves the application for conversion. The percentage of parents signing a petition must be calculated on the basis of one (1) vote for each child enrolled in the school.
(4) A public charter school sponsor shall submit the sponsor's application for conversion to the local board of education. The local board of education shall act on the application no later than ninety (90) days after the date on which the application was submitted.
(5) If the application for conversion of an existing public school to a public charter school is approved, then: (A) The conversion must occur at the beginning of an academic school year. The conversion public charter school shall be subject to compliance with this chapter; (B) Any teacher or administrator in the conversion public charter school shall be allowed to transfer into vacant positions in other schools in the LEA for which they are certified before the LEA hires new personnel to fill the vacant positions. Personnel who transfer into vacant positions in other schools in the LEA shall not suffer any impairment, interruption, or diminution of the rights and privileges of a then existing teacher or administrator, and the rights and privileges shall continue without impairment, interruption, or diminution with the local board of education. "Rights and privileges," as used in this subdivision (j)(5)(B), include, but are not limited to, salary, pension, retirement benefits, sick leave accumulation, tenure, seniority, and contract rights with the local board of education. The director of schools has the option to specifically assign teachers or administrators in a conversion public charter school to vacant positions in other schools in the LEA; (C) Enrollment preference shall be given to students who reside within the former school zone of the converted public school. The enrollment preference for students who reside within the former attendance area excludes such students from entering into a lottery; (D) The conversion public charter school may enroll students living in other school zones after students residing within the school zone have had the opportunity to enroll, but only if there is program, class, grade level, and building capacity to serve the out-of-zone students. If applications by out-of-zone students exceed the conversion public charter school's capacity, then enrollment of out-of-zone students must be determined on the basis of a lottery. Out-of-zone students who attended the school during the previous school year and the siblings of students who attended the school may be given preference in enrollment; (E) A parent of a child who is enrolled at the conversion public school may enroll the parent's child in another public school without penalty; and (F) The conversion public charter school shall occupy the converted public school's existing facility.
(A) The conversion must occur at the beginning of an academic school year. The conversion public charter school shall be subject to compliance with this chapter;
(B) Any teacher or administrator in the conversion public charter school shall be allowed to transfer into vacant positions in other schools in the LEA for which they are certified before the LEA hires new personnel to fill the vacant positions. Personnel who transfer into vacant positions in other schools in the LEA shall not suffer any impairment, interruption, or diminution of the rights and privileges of a then existing teacher or administrator, and the rights and privileges shall continue without impairment, interruption, or diminution with the local board of education. "Rights and privileges," as used in this subdivision (j)(5)(B), include, but are not limited to, salary, pension, retirement benefits, sick leave accumulation, tenure, seniority, and contract rights with the local board of education. The director of schools has the option to specifically assign teachers or administrators in a conversion public charter school to vacant positions in other schools in the LEA;
(C) Enrollment preference shall be given to students who reside within the former school zone of the converted public school. The enrollment preference for students who reside within the former attendance area excludes such students from entering into a lottery;
(D) The conversion public charter school may enroll students living in other school zones after students residing within the school zone have had the opportunity to enroll, but only if there is program, class, grade level, and building capacity to serve the out-of-zone students. If applications by out-of-zone students exceed the conversion public charter school's capacity, then enrollment of out-of-zone students must be determined on the basis of a lottery. Out-of-zone students who attended the school during the previous school year and the siblings of students who attended the school may be given preference in enrollment;
(E) A parent of a child who is enrolled at the conversion public school may enroll the parent's child in another public school without penalty; and
(F) The conversion public charter school shall occupy the converted public school's existing facility.
(6) If the local board of education denies the application for conversion, then the decision is final and is not subject to appeal.
(7) A charter agreement shall not be granted under this chapter that authorizes the conversion of any private, parochial, cyber-based, or home-based school to charter status.
(k) (1) (A) A sponsor may apply to a local board of education to establish an opportunity public charter school. The application process must be conducted in accordance with §§ 49-13-107 and 49-13-108 . (B) A public school converted to an opportunity public charter school shall not give an enrollment preference to students who reside within the former school zone of the converted public school, unless the student is an at-risk student, as defined in § 49-13-104 . (C) (i) The Tennessee investment in student achievement formula school funds generated by an at-risk student who transfers to an opportunity public charter school located in an LEA other than the LEA in which the at-risk student resides must follow the at-risk student into the LEA in which the opportunity public charter school is located, but only for the first school year in which the at-risk student is enrolled in the opportunity public charter school. The LEA in which the opportunity public charter school is located shall not charge tuition to such students. (ii) This subdivision (k)(1)(C) does not preclude an LEA from entering into an agreement with another LEA whereby additional funds may be transferred from the sending LEA to the receiving LEA for the purpose of educating the child. (2) An opportunity public charter school authorized to serve a student population composed of at-risk students in grades six through twelve (6-12) through a residential program may be operated as a single-sex school that only enrolls students of a respective sex, as defined in § 49-2-802 . (3) (A) Notwithstanding another law to the contrary, an opportunity public charter school that serves a student population composed of at-risk students in grades six through twelve (6-12) through a residential program must be operated on a year-round basis, which must not operate to reduce the level of state support to the public charter school. The commissioner of education shall make adjustments necessary to accommodate the opportunity public charter school's year-round operation so as not to diminish state financial support. The charter agreement must specify the date by which the school year must commence. (B) An opportunity public charter school shall not provide a residential program for enrolled students unless fifty percent (50%) or more of the students enrolled in the opportunity public charter school are residents of the LEA in which the opportunity public charter school is located, and were residents of such LEA when the students applied to enroll in the opportunity public charter school. (4) Notwithstanding subdivision (k)(1)(C)(i), funding for an opportunity public charter school must comply with § 49-13-112 . (5) Notwithstanding another law to the contrary, an opportunity public charter school shall not open before the 2026-2027 school year. (6) The state board of education, in consultation with the commission, may promulgate rules to effectuate this subsection (k). The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(1) (A) A sponsor may apply to a local board of education to establish an opportunity public charter school. The application process must be conducted in accordance with §§ 49-13-107 and 49-13-108 . (B) A public school converted to an opportunity public charter school shall not give an enrollment preference to students who reside within the former school zone of the converted public school, unless the student is an at-risk student, as defined in § 49-13-104 . (C) (i) The Tennessee investment in student achievement formula school funds generated by an at-risk student who transfers to an opportunity public charter school located in an LEA other than the LEA in which the at-risk student resides must follow the at-risk student into the LEA in which the opportunity public charter school is located, but only for the first school year in which the at-risk student is enrolled in the opportunity public charter school. The LEA in which the opportunity public charter school is located shall not charge tuition to such students. (ii) This subdivision (k)(1)(C) does not preclude an LEA from entering into an agreement with another LEA whereby additional funds may be transferred from the sending LEA to the receiving LEA for the purpose of educating the child.
(A) A sponsor may apply to a local board of education to establish an opportunity public charter school. The application process must be conducted in accordance with §§ 49-13-107 and 49-13-108 .
(B) A public school converted to an opportunity public charter school shall not give an enrollment preference to students who reside within the former school zone of the converted public school, unless the student is an at-risk student, as defined in § 49-13-104 .
(C) (i) The Tennessee investment in student achievement formula school funds generated by an at-risk student who transfers to an opportunity public charter school located in an LEA other than the LEA in which the at-risk student resides must follow the at-risk student into the LEA in which the opportunity public charter school is located, but only for the first school year in which the at-risk student is enrolled in the opportunity public charter school. The LEA in which the opportunity public charter school is located shall not charge tuition to such students. (ii) This subdivision (k)(1)(C) does not preclude an LEA from entering into an agreement with another LEA whereby additional funds may be transferred from the sending LEA to the receiving LEA for the purpose of educating the child.
(i) The Tennessee investment in student achievement formula school funds generated by an at-risk student who transfers to an opportunity public charter school located in an LEA other than the LEA in which the at-risk student resides must follow the at-risk student into the LEA in which the opportunity public charter school is located, but only for the first school year in which the at-risk student is enrolled in the opportunity public charter school. The LEA in which the opportunity public charter school is located shall not charge tuition to such students.
(ii) This subdivision (k)(1)(C) does not preclude an LEA from entering into an agreement with another LEA whereby additional funds may be transferred from the sending LEA to the receiving LEA for the purpose of educating the child.
(2) An opportunity public charter school authorized to serve a student population composed of at-risk students in grades six through twelve (6-12) through a residential program may be operated as a single-sex school that only enrolls students of a respective sex, as defined in § 49-2-802 .
(3) (A) Notwithstanding another law to the contrary, an opportunity public charter school that serves a student population composed of at-risk students in grades six through twelve (6-12) through a residential program must be operated on a year-round basis, which must not operate to reduce the level of state support to the public charter school. The commissioner of education shall make adjustments necessary to accommodate the opportunity public charter school's year-round operation so as not to diminish state financial support. The charter agreement must specify the date by which the school year must commence. (B) An opportunity public charter school shall not provide a residential program for enrolled students unless fifty percent (50%) or more of the students enrolled in the opportunity public charter school are residents of the LEA in which the opportunity public charter school is located, and were residents of such LEA when the students applied to enroll in the opportunity public charter school.
(A) Notwithstanding another law to the contrary, an opportunity public charter school that serves a student population composed of at-risk students in grades six through twelve (6-12) through a residential program must be operated on a year-round basis, which must not operate to reduce the level of state support to the public charter school. The commissioner of education shall make adjustments necessary to accommodate the opportunity public charter school's year-round operation so as not to diminish state financial support. The charter agreement must specify the date by which the school year must commence.
(B) An opportunity public charter school shall not provide a residential program for enrolled students unless fifty percent (50%) or more of the students enrolled in the opportunity public charter school are residents of the LEA in which the opportunity public charter school is located, and were residents of such LEA when the students applied to enroll in the opportunity public charter school.
(4) Notwithstanding subdivision (k)(1)(C)(i), funding for an opportunity public charter school must comply with § 49-13-112 .
(5) Notwithstanding another law to the contrary, an opportunity public charter school shall not open before the 2026-2027 school year.
(6) The state board of education, in consultation with the commission, may promulgate rules to effectuate this subsection (k). The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Amended by 2024 Tenn. Acts, ch. 1066,s 5, eff. 7/1/2024, app. to opportunity public charter schools applying to open in the 2026- 2027 school year or in a subsequent school year.
Amended by 2024 Tenn. Acts, ch. 1066,s 4, eff. 7/1/2024, app. to opportunity public charter schools applying to open in the 2026- 2027 school year or in a subsequent school year.
Amended by 2024 Tenn. Acts, ch. 1066,s 3, eff. 7/1/2024, app. to opportunity public charter schools applying to open in the 2026- 2027 school year or in a subsequent school year.
Amended by 2024 Tenn. Acts, ch. 1066,s 2, eff. 7/1/2024, app. to opportunity public charter schools applying to open in the 2026- 2027 school year or in a subsequent school year.
Amended by 2019 Tenn. Acts, ch. 219, Secs.s 8, s 9, s 10, s 11, s 12, s 13, s 14eff. 4/26/2019.
Amended by 2017 Tenn. Acts, ch. 307, s 5, eff. 7/1/2017.
Amended by 2017 Tenn. Acts, ch. 307, s 4, eff. 7/1/2017.
Amended by 2015 Tenn. Acts, ch. 507, s 2, eff. 7/1/2015.
Amended by 2015 Tenn. Acts, ch. 507, s 1, eff. 7/1/2015.
Amended by 2014 Tenn. Acts, ch. 850, s 4, eff. 4/30/2014.
Amended by 2013 Tenn. Acts, ch. 326, s 2, eff. 7/1/2013.
Acts 2002, ch. 850, § 6; 2005, ch. 414, §§2 - 5; 2008 , ch. 888, § 5; 2008 , ch. 1133, §§ 1, 4; 2009 , ch. 262, § 6; 2009 , ch. 555, §§ 2, 3, 5, 6, 14, 18; 2011 , ch. 466, §§ 2- 6; 2011 , ch. 507, § 3; 2012 , ch. 962, § 3; 2012 , ch. 1021, § 2; 2012, ch. 1097, § 1.
Tenn. Code Ann. § 49-6-1509 — TN Code / Title 49 / Chapter 6 / Section 49-6-1509
Progress report
Status: in_force

(a) By September 1, 2021, and each September 1 thereafter, LEAs and participating public charter schools shall submit the results of all post-tests administered to the LEA's or participating public charter school's students as part of the after-school learning mini-camps, learning loss bridge camps, and summer learning camps to the department. (b) (1) The department shall develop a Tennessee Learning Loss Remediation and Student Acceleration Act progress report to provide information about the effectiveness of the learning loss remediation and student acceleration program to the governor and the general assembly. (2) The progress report must include: (A) A statewide summary and interpretation of the information provided by LEAs and public charter schools pursuant to subsection (a); (B) A landscape analysis and summary of data indicating how the level of overall effectiveness score attained by a licensed teacher on the teacher's most-recent annual evaluation who is providing educational services to students in an after-school learning mini-camp, learning loss bridge camp, or summer learning camp affects the academic performance outcomes of students enrolled in the after-school learning mini-camp, learning loss bridge camp, or summer learning camp. The data reported pursuant to this subdivision (b)(2)(B) must be disaggregated by subject, grade level, and by the type of camp in which the teacher's services were provided; and (C) Information identifying LEAs and public charter schools unable to adequately staff or conduct an after-school learning mini-camp, learning loss bridge camp, or summer learning camp in compliance with this part due to a natural disaster, the outbreak of a contagious illness, teacher shortages in a grade level or subject required for the respective camp, or other justifiable cause. The information provided pursuant to this subdivision (b)(2)(C) must describe the reason for why the LEA or public charter school was unable to adequately staff or conduct an after-school learning mini-camp, learning loss bridge camp, or summer learning camp in compliance with this part, disaggregated by subject, grade level, and by the type of camp that the LEA or public charter school was unable to adequately staff or conduct. (3) The report must be submitted to the governor, the speaker of the senate, the speaker of the house of representatives, and the chairs of the education committees of the senate and house of representatives by November 1, 2021, and by each November 1 thereafter. (c) The results of post-tests submitted to the department shall not be used to assign accountability determinations for any school or district. Amended by 2024 Tenn. Acts, ch. 639,s 6, eff. 4/4/2024. Added by 2021EX1 Tenn. Acts, ch. 1, s 1, eff. 2/3/2021.
(a) By September 1, 2021, and each September 1 thereafter, LEAs and participating public charter schools shall submit the results of all post-tests administered to the LEA's or participating public charter school's students as part of the after-school learning mini-camps, learning loss bridge camps, and summer learning camps to the department.
(b) (1) The department shall develop a Tennessee Learning Loss Remediation and Student Acceleration Act progress report to provide information about the effectiveness of the learning loss remediation and student acceleration program to the governor and the general assembly. (2) The progress report must include: (A) A statewide summary and interpretation of the information provided by LEAs and public charter schools pursuant to subsection (a); (B) A landscape analysis and summary of data indicating how the level of overall effectiveness score attained by a licensed teacher on the teacher's most-recent annual evaluation who is providing educational services to students in an after-school learning mini-camp, learning loss bridge camp, or summer learning camp affects the academic performance outcomes of students enrolled in the after-school learning mini-camp, learning loss bridge camp, or summer learning camp. The data reported pursuant to this subdivision (b)(2)(B) must be disaggregated by subject, grade level, and by the type of camp in which the teacher's services were provided; and (C) Information identifying LEAs and public charter schools unable to adequately staff or conduct an after-school learning mini-camp, learning loss bridge camp, or summer learning camp in compliance with this part due to a natural disaster, the outbreak of a contagious illness, teacher shortages in a grade level or subject required for the respective camp, or other justifiable cause. The information provided pursuant to this subdivision (b)(2)(C) must describe the reason for why the LEA or public charter school was unable to adequately staff or conduct an after-school learning mini-camp, learning loss bridge camp, or summer learning camp in compliance with this part, disaggregated by subject, grade level, and by the type of camp that the LEA or public charter school was unable to adequately staff or conduct. (3) The report must be submitted to the governor, the speaker of the senate, the speaker of the house of representatives, and the chairs of the education committees of the senate and house of representatives by November 1, 2021, and by each November 1 thereafter.
(1) The department shall develop a Tennessee Learning Loss Remediation and Student Acceleration Act progress report to provide information about the effectiveness of the learning loss remediation and student acceleration program to the governor and the general assembly.
(2) The progress report must include: (A) A statewide summary and interpretation of the information provided by LEAs and public charter schools pursuant to subsection (a); (B) A landscape analysis and summary of data indicating how the level of overall effectiveness score attained by a licensed teacher on the teacher's most-recent annual evaluation who is providing educational services to students in an after-school learning mini-camp, learning loss bridge camp, or summer learning camp affects the academic performance outcomes of students enrolled in the after-school learning mini-camp, learning loss bridge camp, or summer learning camp. The data reported pursuant to this subdivision (b)(2)(B) must be disaggregated by subject, grade level, and by the type of camp in which the teacher's services were provided; and (C) Information identifying LEAs and public charter schools unable to adequately staff or conduct an after-school learning mini-camp, learning loss bridge camp, or summer learning camp in compliance with this part due to a natural disaster, the outbreak of a contagious illness, teacher shortages in a grade level or subject required for the respective camp, or other justifiable cause. The information provided pursuant to this subdivision (b)(2)(C) must describe the reason for why the LEA or public charter school was unable to adequately staff or conduct an after-school learning mini-camp, learning loss bridge camp, or summer learning camp in compliance with this part, disaggregated by subject, grade level, and by the type of camp that the LEA or public charter school was unable to adequately staff or conduct.
(A) A statewide summary and interpretation of the information provided by LEAs and public charter schools pursuant to subsection (a);
(B) A landscape analysis and summary of data indicating how the level of overall effectiveness score attained by a licensed teacher on the teacher's most-recent annual evaluation who is providing educational services to students in an after-school learning mini-camp, learning loss bridge camp, or summer learning camp affects the academic performance outcomes of students enrolled in the after-school learning mini-camp, learning loss bridge camp, or summer learning camp. The data reported pursuant to this subdivision (b)(2)(B) must be disaggregated by subject, grade level, and by the type of camp in which the teacher's services were provided; and
(C) Information identifying LEAs and public charter schools unable to adequately staff or conduct an after-school learning mini-camp, learning loss bridge camp, or summer learning camp in compliance with this part due to a natural disaster, the outbreak of a contagious illness, teacher shortages in a grade level or subject required for the respective camp, or other justifiable cause. The information provided pursuant to this subdivision (b)(2)(C) must describe the reason for why the LEA or public charter school was unable to adequately staff or conduct an after-school learning mini-camp, learning loss bridge camp, or summer learning camp in compliance with this part, disaggregated by subject, grade level, and by the type of camp that the LEA or public charter school was unable to adequately staff or conduct.
(3) The report must be submitted to the governor, the speaker of the senate, the speaker of the house of representatives, and the chairs of the education committees of the senate and house of representatives by November 1, 2021, and by each November 1 thereafter.
(c) The results of post-tests submitted to the department shall not be used to assign accountability determinations for any school or district.
Amended by 2024 Tenn. Acts, ch. 639,s 6, eff. 4/4/2024.
Added by 2021EX1 Tenn. Acts, ch. 1, s 1, eff. 2/3/2021.
Tenn. Code Ann. § 49-7-101 — TN Code / Title 49 / Chapter 7 / Section 49-7-101
Rules and regulations for admissions
Status: in_force

(a) The board of trustees of the University of Tennessee and the state university and community college system are authorized and empowered to prescribe rules and regulations and requirements for the admission of students to colleges and universities and to programs of instruction offered by the colleges, universities, branches or units of the colleges and universities under the control and direction of the respective board and system. (b) Students shall be entitled to admission to the colleges and universities only in accordance with the rules and regulations and requirements as prescribed by the board and system. (c) Notwithstanding subsections (a) and (b), a public institution of higher education shall not require a student to provide the institution with a copy of the student's high school transcript or high school equivalency credential approved by the state board of education as a part of the institution's admission process if the student has earned an associate degree from a regionally accredited institution of higher education. Amended by 2023 Tenn. Acts, ch. 114,s 32, eff. 7/1/2023. Amended by 2020 Tenn. Acts, ch. 523, s 1, eff. 3/6/2020. Acts 1957, ch. 211, §§ 1, 2; 1973, ch. 144, § 1; T.C.A., § 49-3221.
(a) The board of trustees of the University of Tennessee and the state university and community college system are authorized and empowered to prescribe rules and regulations and requirements for the admission of students to colleges and universities and to programs of instruction offered by the colleges, universities, branches or units of the colleges and universities under the control and direction of the respective board and system.
(b) Students shall be entitled to admission to the colleges and universities only in accordance with the rules and regulations and requirements as prescribed by the board and system.
(c) Notwithstanding subsections (a) and (b), a public institution of higher education shall not require a student to provide the institution with a copy of the student's high school transcript or high school equivalency credential approved by the state board of education as a part of the institution's admission process if the student has earned an associate degree from a regionally accredited institution of higher education.
Amended by 2023 Tenn. Acts, ch. 114,s 32, eff. 7/1/2023.
Amended by 2020 Tenn. Acts, ch. 523, s 1, eff. 3/6/2020.
Acts 1957, ch. 211, §§ 1, 2; 1973, ch. 144, § 1; T.C.A., § 49-3221.
Tenn. Code Ann. § 49-15-109 — TN Code / Title 49 / Chapter 15 / Section 49-15-109
Alignment of secondary and postsecondary programs - Validation
Status: in_force

(a) To facilitate the creation of cooperative innovative high school programs and to provide a seamless transition process from secondary to postsecondary education, the consortium shall oversee the development of a statewide high school to postsecondary agreement that shall build on aligned, secondary college-and-career technical pathways to specific postsecondary programs of study and shall include early postsecondary credit. (b) The chancellor of the board of regents and the president of the University of Tennessee, or their designees, shall be responsible for the convocation of postsecondary faculty to develop common learning outcomes, develop statewide challenge examinations, conduct reliability and validation activities to assure the quality and fairness of the examinations, establish cut scores, and report student scores resulting from the examinations to the division of career and technical education in the department of education. Validation requirements for postsecondary credit through a dual credit course shall be determined by the postsecondary institutions and their respective governing boards. (c) The office of postsecondary coordination and alignment, with the cooperation of the postsecondary institutions, shall make students aware of the requirements for receiving postsecondary credit for a dual credit course prior to the students' enrolling in the course. (d) Each private postsecondary institution located in this state is encouraged to assess the statewide agreement produced by the consortium and determine which courses, if any, qualify for award of college credit at such institution. If a private institution determines that a course qualifies for award of college credit at such institution, the institution, in addition to any institutional publication made of this fact, may notify the department of education of the potential for award of college credit for such course at the institution in order that the department may disseminate the information to LEAs for notification of high school students. Acts 2007, ch. 459, § 1; 2012, ch. 967, § 12.
(a) To facilitate the creation of cooperative innovative high school programs and to provide a seamless transition process from secondary to postsecondary education, the consortium shall oversee the development of a statewide high school to postsecondary agreement that shall build on aligned, secondary college-and-career technical pathways to specific postsecondary programs of study and shall include early postsecondary credit.
(b) The chancellor of the board of regents and the president of the University of Tennessee, or their designees, shall be responsible for the convocation of postsecondary faculty to develop common learning outcomes, develop statewide challenge examinations, conduct reliability and validation activities to assure the quality and fairness of the examinations, establish cut scores, and report student scores resulting from the examinations to the division of career and technical education in the department of education. Validation requirements for postsecondary credit through a dual credit course shall be determined by the postsecondary institutions and their respective governing boards.
(c) The office of postsecondary coordination and alignment, with the cooperation of the postsecondary institutions, shall make students aware of the requirements for receiving postsecondary credit for a dual credit course prior to the students' enrolling in the course.
(d) Each private postsecondary institution located in this state is encouraged to assess the statewide agreement produced by the consortium and determine which courses, if any, qualify for award of college credit at such institution. If a private institution determines that a course qualifies for award of college credit at such institution, the institution, in addition to any institutional publication made of this fact, may notify the department of education of the potential for award of college credit for such course at the institution in order that the department may disseminate the information to LEAs for notification of high school students.
Acts 2007, ch. 459, § 1; 2012, ch. 967, § 12.
Tenn. Code Ann. § 49-6-804 — TN Code / Title 49 / Chapter 6 / Section 49-6-804
Adoption of comprehensive plans
Status: in_force

(a) Each LEA, and to the extent applicable, each public charter school, shall adopt a comprehensive district-wide school safety plan and building-level school safety plans regarding crisis intervention, emergency response, and emergency management. The plans must be developed by a district-wide school safety team and a building-level school safety team established pursuant to this part and must follow the template developed by the state-level safety team. Each district-wide school safety team and building-level school safety team shall consider including in the district-wide school safety plan or building-level school safety plan the implementation of a mobile panic alert system that is capable of connecting diverse emergency services technologies to ensure real-time coordination between multiple first responder agencies and that integrates with local public safety answering point infrastructure to transmit 911 calls and mobile activations. An LEA or public charter school having only one (1) school building shall develop a single building-level school safety plan, which must also fulfill all requirements for the development of a district-wide plan. Each district-wide school safety team and each building-level school safety team shall annually review the respective district-wide school safety plan or building-level school safety plan. (b) Each private school and each church-related school shall adopt a building-level school safety plan regarding crisis intervention, emergency response, and emergency management. Each private school and each church-related school shall review its plan annually. By October 1, 2023, and by each October 1 thereafter, each private school and each church-related school shall provide the school's building-level school safety plan to each local law enforcement agency with jurisdiction, as well as any law enforcement agency or other emergency response organization participating in an armed intruder drill under § 49-6-807 . As used in this subsection (b): (1) "Church-related school" means a school as defined in § 49-50-801 ; and (2) "Private school" means a school accredited by, or a member of, an organization or association approved by the state board of education as an organization accrediting or setting academic requirements in schools, or that has been approved by the state, or is in the future approved by the commissioner in accordance with rules promulgated by the state board of education. (c) A meeting concerning school security, the district-wide school safety plans, or the building-level school safety plans shall not be subject to the open meetings laws compiled in title 8, chapter 44. Though closed to the general public, reasonable notice must be provided to the general public prior to such a meeting held by an LEA or a public charter school. The local board of education or public charter school governing body shall not discuss or deliberate on any issues or subjects other than school security or the school safety plans adopted pursuant to this section during such a meeting. (d) By July 1, 2023, and by each July 1 thereafter, each LEA and public charter school shall provide the following to each local law enforcement agency with jurisdiction, the department of education, and the department of safety: (1) The LEA's, and to the extent applicable, the public charter school's, district-wide school safety plan; (2) The building-level school safety plan for each school in the LEA or each public charter school; and (3) [Deleted by 2024 amendment.] (e) Each LEA and public charter school shall also provide the school safety plans described in subsection (d) to a law enforcement agency or other emergency response organization participating in an armed intruder drill under § 49-6-807 . (f) Upon the request of a local law enforcement agency with jurisdiction, the department of education, or the department of safety, the LEA or public charter school shall provide any other plans, information, or records regarding school security. (g) (1) During a drill or in an emergency situation, each LEA or public charter school shall, to the greatest extent practicable, provide a responding law enforcement agency with access to security systems that may be required for the law enforcement agency's response. (2) For purposes of this subsection (g), "security systems" includes, but is not limited to, audio recording systems, visual recording systems, and any other cameras, alarm systems, fire systems, communication systems, or other security measures in a school building. (h) This section does not diminish the jurisdiction of local law enforcement agencies. (i) Each LEA and public charter school may provide, in an electronic or digital format, school mapping data for each school building in the LEA, and for each school building being used by the public charter school, as applicable, to assist first responder agencies that serve the same geographical areas served by the LEA or public charter school in responding to emergencies occurring on school grounds. Grant funds received pursuant to § 49-6-811 may be used to meet the requirement of this subsection (i), including, but not limited to, the LEA's or public charter school's procurement of a vendor to collect, assemble, and provide the school mapping data required in this subsection (i) on behalf of the LEA or public charter school. The LEA, public charter school, or vendor that collects and assembles school mapping data for purposes of this subsection (i) is responsible for providing the data to the first responder agencies that serve the same geographical areas served by the LEA or public charter school for use by such agencies in responding to emergencies occurring on school grounds. School mapping data provided pursuant to this subsection (i) must: (1) Be viewable through software platforms used by the local, state, and federal public safety agencies that provide emergency services to the school; (2) Be verified by the entity that collected and assembled the data for accuracy by conducting a walk-through of school buildings and school grounds; (3) Be oriented true north when viewed; (4) Include accurate floor plans overlaid with current, verified aerial imagery of the school campus; (5) Contain site-specific labeling that matches the structure of the respective school buildings, including room labels, hallway names, and external door or stairwell numbers, as well as the locations of hazards, critical utility locations, key boxes, automated external defibrillators, and trauma kits; (6) Contain site-specific labeling that matches the school roads and neighboring properties; and (7) Be perpetually accessible to the respective LEA, public charter school, and first responder agencies that serve the same geographical areas served by the LEA or public charter school at no additional cost to authorized users. Amended by 2024 Tenn. Acts, ch. 936,s 2, eff. 5/6/2024. Amended by 2024 Tenn. Acts, ch. 936,s 1, eff. 5/6/2024. Amended by 2024 Tenn. Acts, ch. 864,s 2, eff. 5/1/2024. Amended by 2023 Tenn. Acts, ch. 367, s 5, eff. 7/1/2023. Amended by 2014 Tenn. Acts, ch. 717, s 2, eff. 4/16/2014. Acts 2007 , ch. 548, § 5.
(a) Each LEA, and to the extent applicable, each public charter school, shall adopt a comprehensive district-wide school safety plan and building-level school safety plans regarding crisis intervention, emergency response, and emergency management. The plans must be developed by a district-wide school safety team and a building-level school safety team established pursuant to this part and must follow the template developed by the state-level safety team. Each district-wide school safety team and building-level school safety team shall consider including in the district-wide school safety plan or building-level school safety plan the implementation of a mobile panic alert system that is capable of connecting diverse emergency services technologies to ensure real-time coordination between multiple first responder agencies and that integrates with local public safety answering point infrastructure to transmit 911 calls and mobile activations. An LEA or public charter school having only one (1) school building shall develop a single building-level school safety plan, which must also fulfill all requirements for the development of a district-wide plan. Each district-wide school safety team and each building-level school safety team shall annually review the respective district-wide school safety plan or building-level school safety plan.
(b) Each private school and each church-related school shall adopt a building-level school safety plan regarding crisis intervention, emergency response, and emergency management. Each private school and each church-related school shall review its plan annually. By October 1, 2023, and by each October 1 thereafter, each private school and each church-related school shall provide the school's building-level school safety plan to each local law enforcement agency with jurisdiction, as well as any law enforcement agency or other emergency response organization participating in an armed intruder drill under § 49-6-807 . As used in this subsection (b): (1) "Church-related school" means a school as defined in § 49-50-801 ; and (2) "Private school" means a school accredited by, or a member of, an organization or association approved by the state board of education as an organization accrediting or setting academic requirements in schools, or that has been approved by the state, or is in the future approved by the commissioner in accordance with rules promulgated by the state board of education.
(1) "Church-related school" means a school as defined in § 49-50-801 ; and
(2) "Private school" means a school accredited by, or a member of, an organization or association approved by the state board of education as an organization accrediting or setting academic requirements in schools, or that has been approved by the state, or is in the future approved by the commissioner in accordance with rules promulgated by the state board of education.
(c) A meeting concerning school security, the district-wide school safety plans, or the building-level school safety plans shall not be subject to the open meetings laws compiled in title 8, chapter 44. Though closed to the general public, reasonable notice must be provided to the general public prior to such a meeting held by an LEA or a public charter school. The local board of education or public charter school governing body shall not discuss or deliberate on any issues or subjects other than school security or the school safety plans adopted pursuant to this section during such a meeting.
(d) By July 1, 2023, and by each July 1 thereafter, each LEA and public charter school shall provide the following to each local law enforcement agency with jurisdiction, the department of education, and the department of safety: (1) The LEA's, and to the extent applicable, the public charter school's, district-wide school safety plan; (2) The building-level school safety plan for each school in the LEA or each public charter school; and (3) [Deleted by 2024 amendment.]
(1) The LEA's, and to the extent applicable, the public charter school's, district-wide school safety plan;
(2) The building-level school safety plan for each school in the LEA or each public charter school; and
(3) [Deleted by 2024 amendment.]
(e) Each LEA and public charter school shall also provide the school safety plans described in subsection (d) to a law enforcement agency or other emergency response organization participating in an armed intruder drill under § 49-6-807 .
(f) Upon the request of a local law enforcement agency with jurisdiction, the department of education, or the department of safety, the LEA or public charter school shall provide any other plans, information, or records regarding school security.
(g) (1) During a drill or in an emergency situation, each LEA or public charter school shall, to the greatest extent practicable, provide a responding law enforcement agency with access to security systems that may be required for the law enforcement agency's response. (2) For purposes of this subsection (g), "security systems" includes, but is not limited to, audio recording systems, visual recording systems, and any other cameras, alarm systems, fire systems, communication systems, or other security measures in a school building.
(1) During a drill or in an emergency situation, each LEA or public charter school shall, to the greatest extent practicable, provide a responding law enforcement agency with access to security systems that may be required for the law enforcement agency's response.
(2) For purposes of this subsection (g), "security systems" includes, but is not limited to, audio recording systems, visual recording systems, and any other cameras, alarm systems, fire systems, communication systems, or other security measures in a school building.
(h) This section does not diminish the jurisdiction of local law enforcement agencies.
(i) Each LEA and public charter school may provide, in an electronic or digital format, school mapping data for each school building in the LEA, and for each school building being used by the public charter school, as applicable, to assist first responder agencies that serve the same geographical areas served by the LEA or public charter school in responding to emergencies occurring on school grounds. Grant funds received pursuant to § 49-6-811 may be used to meet the requirement of this subsection (i), including, but not limited to, the LEA's or public charter school's procurement of a vendor to collect, assemble, and provide the school mapping data required in this subsection (i) on behalf of the LEA or public charter school. The LEA, public charter school, or vendor that collects and assembles school mapping data for purposes of this subsection (i) is responsible for providing the data to the first responder agencies that serve the same geographical areas served by the LEA or public charter school for use by such agencies in responding to emergencies occurring on school grounds. School mapping data provided pursuant to this subsection (i) must: (1) Be viewable through software platforms used by the local, state, and federal public safety agencies that provide emergency services to the school; (2) Be verified by the entity that collected and assembled the data for accuracy by conducting a walk-through of school buildings and school grounds; (3) Be oriented true north when viewed; (4) Include accurate floor plans overlaid with current, verified aerial imagery of the school campus; (5) Contain site-specific labeling that matches the structure of the respective school buildings, including room labels, hallway names, and external door or stairwell numbers, as well as the locations of hazards, critical utility locations, key boxes, automated external defibrillators, and trauma kits; (6) Contain site-specific labeling that matches the school roads and neighboring properties; and (7) Be perpetually accessible to the respective LEA, public charter school, and first responder agencies that serve the same geographical areas served by the LEA or public charter school at no additional cost to authorized users.
(1) Be viewable through software platforms used by the local, state, and federal public safety agencies that provide emergency services to the school;
(2) Be verified by the entity that collected and assembled the data for accuracy by conducting a walk-through of school buildings and school grounds;
(3) Be oriented true north when viewed;
(4) Include accurate floor plans overlaid with current, verified aerial imagery of the school campus;
(5) Contain site-specific labeling that matches the structure of the respective school buildings, including room labels, hallway names, and external door or stairwell numbers, as well as the locations of hazards, critical utility locations, key boxes, automated external defibrillators, and trauma kits;
(6) Contain site-specific labeling that matches the school roads and neighboring properties; and
(7) Be perpetually accessible to the respective LEA, public charter school, and first responder agencies that serve the same geographical areas served by the LEA or public charter school at no additional cost to authorized users.
Amended by 2024 Tenn. Acts, ch. 936,s 2, eff. 5/6/2024.
Amended by 2024 Tenn. Acts, ch. 936,s 1, eff. 5/6/2024.
Amended by 2024 Tenn. Acts, ch. 864,s 2, eff. 5/1/2024.
Amended by 2023 Tenn. Acts, ch. 367, s 5, eff. 7/1/2023.
Amended by 2014 Tenn. Acts, ch. 717, s 2, eff. 4/16/2014.
Acts 2007 , ch. 548, § 5.
Tenn. Code Ann. § 49-7-2903 — TN Code / Title 49 / Chapter 7 / Section 49-7-2903
Funding
Status: in_force

In addition to the educational programs already provided for and funded by the state, financial support may also be provided for the organization, operation and continuation of the Tennessee HBCU consortium. Funding for the consortium shall be in an amount appropriated by the general assembly, and the appropriation shall be expended for the equitable benefit of or distributed by the consortium in equal amounts to the HBCU institutions participating in the consortium to be used exclusively for meeting the key objectives of the consortium and the Tennessee HBCU technology partnership. Acts 2003, ch. 324, § 1.
In addition to the educational programs already provided for and funded by the state, financial support may also be provided for the organization, operation and continuation of the Tennessee HBCU consortium. Funding for the consortium shall be in an amount appropriated by the general assembly, and the appropriation shall be expended for the equitable benefit of or distributed by the consortium in equal amounts to the HBCU institutions participating in the consortium to be used exclusively for meeting the key objectives of the consortium and the Tennessee HBCU technology partnership.
Acts 2003, ch. 324, § 1.
Tenn. Code Ann. § 49-11-905 — TN Code / Title 49 / Chapter 11 / Section 49-11-905
Eligibility for qualified work-based learning grant
Status: in_force

To be eligible for a qualified work-based learning grant, an employer who accepts or employs a qualified work-based learning student must submit an application to the program operator on a form prescribed by the program operator, along with any supporting documentation required by the program operator. The program operator shall establish a formal process and deadline for receiving an employer's application. An employer that fails to submit an application by the program operator's established deadline shall not receive any grant allowed under this part. THEC may develop policies and procedures to approve applications. Amended by 2019 Tenn. Acts, ch. 468,s 9, eff. 7/1/2019. Added by 2018 Tenn. Acts, ch. 991,s 2, eff. 5/21/2018.
To be eligible for a qualified work-based learning grant, an employer who accepts or employs a qualified work-based learning student must submit an application to the program operator on a form prescribed by the program operator, along with any supporting documentation required by the program operator. The program operator shall establish a formal process and deadline for receiving an employer's application. An employer that fails to submit an application by the program operator's established deadline shall not receive any grant allowed under this part. THEC may develop policies and procedures to approve applications.
Amended by 2019 Tenn. Acts, ch. 468,s 9, eff. 7/1/2019.
Added by 2018 Tenn. Acts, ch. 991,s 2, eff. 5/21/2018.
Tenn. Code Ann. § 49-6-807 — TN Code / Title 49 / Chapter 6 / Section 49-6-807
Annual drills
Status: in_force

(a) Each school safety team, private school, and church-related school shall annually conduct at least one (1): (1) Armed intruder drill; (2) Incident command drill; and (3) Emergency safety bus drill. (b) (1) Each armed intruder drill must be conducted in coordination with the appropriate local law enforcement agency. (2) Each incident command drill: (A) Conducted by a school safety team: (i) Must be conducted without students present; and (ii) Must prepare school staff and law enforcement agencies on what to expect in the event of an emergency situation in the school; and (B) Conducted by a private school or church-related school: (i) May be conducted with or without students present; and (ii) Must prepare school staff and law enforcement agencies on what to expect in the event of an emergency situation in the school. (3) Each emergency safety bus drill: (A) Conducted by a school safety team: (i) Must be conducted without students present; and (ii) Must prepare school staff and law enforcement agencies on what to expect in the event of an emergency situation on a school bus; and (B) Conducted by a private school or church-related school: (i) May be conducted with or without students present; and (ii) Must prepare school staff and law enforcement agencies on what to expect in the event of an emergency situation on a school bus. (c) The results of a drill conducted pursuant to subsection (a) must be: (1) Maintained by the school for a minimum of five (5) years; (2) Made available to: (i) A local law enforcement agency with jurisdiction, and (ii) The department of education or the department of safety upon request, if the drill was conducted by a school safety team. (d) The drills required in subsection (a) are in addition to the drills required in § 68-102-137 . (e) (1) Each LEA, public charter school, private school, and church-related school shall develop a procedure for determining the cause of a fire alarm activation, including the potential for an active shooter event. The procedure must be developed in consultation with local fire department and law enforcement officials and must comply with applicable fire and building codes. The procedure must include response procedures for students and school staff, including substitute teachers and other part-time staff and school volunteers, after a determination is made regarding whether the emergency situation involves a fire, an active shooter, or other incident. Each LEA, public charter school, private school, and church-related school shall annually train all school staff, including substitute teachers and other part-time staff and school volunteers, on the safety procedure developed pursuant to this subsection (e). (2) Each LEA, and to the extent applicable, each public charter school, shall coordinate with its district-wide school safety team and building-level school safety team to incorporate the procedure developed pursuant to this subsection (e) in its district-wide school safety plan and building-level school safety plan. (3) Each procedure developed pursuant to this subsection (e) must be implemented no later than January 1, 2025, and must be annually reviewed and updated, if necessary, to ensure the procedure reflects best practices for the safety of students and school staff, including substitute teachers and other part-time staff and school volunteers. (f) As used in this section: (1) "Church-related school" means a school as defined in § 49-50-801 ; and (2) "Private school" means a school accredited by, or a member of, an organization or association approved by the state board of education as an organization accrediting or setting academic requirements in schools, or that has been approved by the state, or is in the future approved by the commissioner in accordance with rules promulgated by the state board of education. Amended by 2024 Tenn. Acts, ch. 563,s 1, eff. 3/12/2024. Amended by 2023 Tenn. Acts, ch. 367, s 7, eff. 7/1/2023. Amended by 2017 Tenn. Acts, ch. 313, s 1, eff. 7/1/2017. Acts 2007 , ch. 548, § 8.
(a) Each school safety team, private school, and church-related school shall annually conduct at least one (1): (1) Armed intruder drill; (2) Incident command drill; and (3) Emergency safety bus drill.
(1) Armed intruder drill;
(2) Incident command drill; and
(3) Emergency safety bus drill.
(b) (1) Each armed intruder drill must be conducted in coordination with the appropriate local law enforcement agency. (2) Each incident command drill: (A) Conducted by a school safety team: (i) Must be conducted without students present; and (ii) Must prepare school staff and law enforcement agencies on what to expect in the event of an emergency situation in the school; and (B) Conducted by a private school or church-related school: (i) May be conducted with or without students present; and (ii) Must prepare school staff and law enforcement agencies on what to expect in the event of an emergency situation in the school. (3) Each emergency safety bus drill: (A) Conducted by a school safety team: (i) Must be conducted without students present; and (ii) Must prepare school staff and law enforcement agencies on what to expect in the event of an emergency situation on a school bus; and (B) Conducted by a private school or church-related school: (i) May be conducted with or without students present; and (ii) Must prepare school staff and law enforcement agencies on what to expect in the event of an emergency situation on a school bus.
(1) Each armed intruder drill must be conducted in coordination with the appropriate local law enforcement agency.
(2) Each incident command drill: (A) Conducted by a school safety team: (i) Must be conducted without students present; and (ii) Must prepare school staff and law enforcement agencies on what to expect in the event of an emergency situation in the school; and (B) Conducted by a private school or church-related school: (i) May be conducted with or without students present; and (ii) Must prepare school staff and law enforcement agencies on what to expect in the event of an emergency situation in the school.
(A) Conducted by a school safety team: (i) Must be conducted without students present; and (ii) Must prepare school staff and law enforcement agencies on what to expect in the event of an emergency situation in the school; and
(i) Must be conducted without students present; and
(ii) Must prepare school staff and law enforcement agencies on what to expect in the event of an emergency situation in the school; and
(B) Conducted by a private school or church-related school: (i) May be conducted with or without students present; and (ii) Must prepare school staff and law enforcement agencies on what to expect in the event of an emergency situation in the school.
(i) May be conducted with or without students present; and
(ii) Must prepare school staff and law enforcement agencies on what to expect in the event of an emergency situation in the school.
(3) Each emergency safety bus drill: (A) Conducted by a school safety team: (i) Must be conducted without students present; and (ii) Must prepare school staff and law enforcement agencies on what to expect in the event of an emergency situation on a school bus; and (B) Conducted by a private school or church-related school: (i) May be conducted with or without students present; and (ii) Must prepare school staff and law enforcement agencies on what to expect in the event of an emergency situation on a school bus.
(A) Conducted by a school safety team: (i) Must be conducted without students present; and (ii) Must prepare school staff and law enforcement agencies on what to expect in the event of an emergency situation on a school bus; and
(i) Must be conducted without students present; and
(ii) Must prepare school staff and law enforcement agencies on what to expect in the event of an emergency situation on a school bus; and
(B) Conducted by a private school or church-related school: (i) May be conducted with or without students present; and (ii) Must prepare school staff and law enforcement agencies on what to expect in the event of an emergency situation on a school bus.
(i) May be conducted with or without students present; and
(ii) Must prepare school staff and law enforcement agencies on what to expect in the event of an emergency situation on a school bus.
(c) The results of a drill conducted pursuant to subsection (a) must be: (1) Maintained by the school for a minimum of five (5) years; (2) Made available to: (i) A local law enforcement agency with jurisdiction, and (ii) The department of education or the department of safety upon request, if the drill was conducted by a school safety team.
(1) Maintained by the school for a minimum of five (5) years;
(2) Made available to: (i) A local law enforcement agency with jurisdiction, and (ii) The department of education or the department of safety upon request, if the drill was conducted by a school safety team.
(i) A local law enforcement agency with jurisdiction, and
(ii) The department of education or the department of safety upon request, if the drill was conducted by a school safety team.
(d) The drills required in subsection (a) are in addition to the drills required in § 68-102-137 .
(e) (1) Each LEA, public charter school, private school, and church-related school shall develop a procedure for determining the cause of a fire alarm activation, including the potential for an active shooter event. The procedure must be developed in consultation with local fire department and law enforcement officials and must comply with applicable fire and building codes. The procedure must include response procedures for students and school staff, including substitute teachers and other part-time staff and school volunteers, after a determination is made regarding whether the emergency situation involves a fire, an active shooter, or other incident. Each LEA, public charter school, private school, and church-related school shall annually train all school staff, including substitute teachers and other part-time staff and school volunteers, on the safety procedure developed pursuant to this subsection (e). (2) Each LEA, and to the extent applicable, each public charter school, shall coordinate with its district-wide school safety team and building-level school safety team to incorporate the procedure developed pursuant to this subsection (e) in its district-wide school safety plan and building-level school safety plan. (3) Each procedure developed pursuant to this subsection (e) must be implemented no later than January 1, 2025, and must be annually reviewed and updated, if necessary, to ensure the procedure reflects best practices for the safety of students and school staff, including substitute teachers and other part-time staff and school volunteers.
(1) Each LEA, public charter school, private school, and church-related school shall develop a procedure for determining the cause of a fire alarm activation, including the potential for an active shooter event. The procedure must be developed in consultation with local fire department and law enforcement officials and must comply with applicable fire and building codes. The procedure must include response procedures for students and school staff, including substitute teachers and other part-time staff and school volunteers, after a determination is made regarding whether the emergency situation involves a fire, an active shooter, or other incident. Each LEA, public charter school, private school, and church-related school shall annually train all school staff, including substitute teachers and other part-time staff and school volunteers, on the safety procedure developed pursuant to this subsection (e).
(2) Each LEA, and to the extent applicable, each public charter school, shall coordinate with its district-wide school safety team and building-level school safety team to incorporate the procedure developed pursuant to this subsection (e) in its district-wide school safety plan and building-level school safety plan.
(3) Each procedure developed pursuant to this subsection (e) must be implemented no later than January 1, 2025, and must be annually reviewed and updated, if necessary, to ensure the procedure reflects best practices for the safety of students and school staff, including substitute teachers and other part-time staff and school volunteers.
(f) As used in this section: (1) "Church-related school" means a school as defined in § 49-50-801 ; and (2) "Private school" means a school accredited by, or a member of, an organization or association approved by the state board of education as an organization accrediting or setting academic requirements in schools, or that has been approved by the state, or is in the future approved by the commissioner in accordance with rules promulgated by the state board of education.
(1) "Church-related school" means a school as defined in § 49-50-801 ; and
(2) "Private school" means a school accredited by, or a member of, an organization or association approved by the state board of education as an organization accrediting or setting academic requirements in schools, or that has been approved by the state, or is in the future approved by the commissioner in accordance with rules promulgated by the state board of education.
Amended by 2024 Tenn. Acts, ch. 563,s 1, eff. 3/12/2024.
Amended by 2023 Tenn. Acts, ch. 367, s 7, eff. 7/1/2023.
Amended by 2017 Tenn. Acts, ch. 313, s 1, eff. 7/1/2017.
Acts 2007 , ch. 548, § 8.
Tenn. Code Ann. § 49-7-1307 — TN Code / Title 49 / Chapter 7 / Section 49-7-1307
Qualification criteria for VETS campuses
Status: in_force

(a) To become and continue to be a VETS campus, a campus of a public or private nonprofit institution of higher education shall: (1) Conduct an annual campus survey of students who are veterans to identify the views, needs, issues and suggestions of veterans; (2) Provide information to faculty and staff about military and veterans' culture, including combat-related mental or physical disabilities or other challenges; (3) Administer orientation programs for students who are veterans; (4) Facilitate mentoring and support programs for students who are veterans; (5) Develop outreach and communication strategies for military bases located near the campus, for the purpose of assessing veterans' educational goals and meeting their identified needs; (6) Create and maintain a process for the assessment of prior learning that grants academic credit to veterans for transferable training and experience attained through service in the armed forces of the United States; and (7) Provide, on the campus website, information on the availability of prior learning assessments and potential program credit for skills, training or education obtained during military service. (b) To become and continue to be a VETS Bravo campus, a campus of a public or private nonprofit institution of higher education must: (1) Have been designated a VETS campus for no less than the three-consecutive-year period immediately preceding the date on which the institution submits a request for certification as a VETS Bravo campus; (2) Submit a request for certification as a VETS Bravo campus to the executive director of THEC; (3) Develop a peer mentoring or other similar support program dedicated specifically for veterans and military-affiliated students; (4) Designate a VETS Bravo campus liaison who participates in no less than two (2) professional development activities per year related to veterans; and (5) Provide career placement services specifically for veterans. Amended by 2024 Tenn. Acts, ch. 622,s 2, eff. 7/1/2024. Amended by 2016 Tenn. Acts, ch. 657, s 5, eff. 3/29/2016.
(a) To become and continue to be a VETS campus, a campus of a public or private nonprofit institution of higher education shall: (1) Conduct an annual campus survey of students who are veterans to identify the views, needs, issues and suggestions of veterans; (2) Provide information to faculty and staff about military and veterans' culture, including combat-related mental or physical disabilities or other challenges; (3) Administer orientation programs for students who are veterans; (4) Facilitate mentoring and support programs for students who are veterans; (5) Develop outreach and communication strategies for military bases located near the campus, for the purpose of assessing veterans' educational goals and meeting their identified needs; (6) Create and maintain a process for the assessment of prior learning that grants academic credit to veterans for transferable training and experience attained through service in the armed forces of the United States; and (7) Provide, on the campus website, information on the availability of prior learning assessments and potential program credit for skills, training or education obtained during military service.
(1) Conduct an annual campus survey of students who are veterans to identify the views, needs, issues and suggestions of veterans;
(2) Provide information to faculty and staff about military and veterans' culture, including combat-related mental or physical disabilities or other challenges;
(3) Administer orientation programs for students who are veterans;
(4) Facilitate mentoring and support programs for students who are veterans;
(5) Develop outreach and communication strategies for military bases located near the campus, for the purpose of assessing veterans' educational goals and meeting their identified needs;
(6) Create and maintain a process for the assessment of prior learning that grants academic credit to veterans for transferable training and experience attained through service in the armed forces of the United States; and
(7) Provide, on the campus website, information on the availability of prior learning assessments and potential program credit for skills, training or education obtained during military service.
(b) To become and continue to be a VETS Bravo campus, a campus of a public or private nonprofit institution of higher education must: (1) Have been designated a VETS campus for no less than the three-consecutive-year period immediately preceding the date on which the institution submits a request for certification as a VETS Bravo campus; (2) Submit a request for certification as a VETS Bravo campus to the executive director of THEC; (3) Develop a peer mentoring or other similar support program dedicated specifically for veterans and military-affiliated students; (4) Designate a VETS Bravo campus liaison who participates in no less than two (2) professional development activities per year related to veterans; and (5) Provide career placement services specifically for veterans.
(1) Have been designated a VETS campus for no less than the three-consecutive-year period immediately preceding the date on which the institution submits a request for certification as a VETS Bravo campus;
(2) Submit a request for certification as a VETS Bravo campus to the executive director of THEC;
(3) Develop a peer mentoring or other similar support program dedicated specifically for veterans and military-affiliated students;
(4) Designate a VETS Bravo campus liaison who participates in no less than two (2) professional development activities per year related to veterans; and
(5) Provide career placement services specifically for veterans.
Amended by 2024 Tenn. Acts, ch. 622,s 2, eff. 7/1/2024.
Amended by 2016 Tenn. Acts, ch. 657, s 5, eff. 3/29/2016.
Tenn. Code Ann. § 49-5-709 — TN Code / Title 49 / Chapter 5 / Section 49-5-709
Substitute teachers
Status: in_force

Substitute teachers are those teachers used to replace teachers on leave authorized by § 49-5-701 , § 49-5-710 or § 49-5-711 , or to fill temporary vacancies as defined by the state board of education and granted under written local school board policies. Substitute teachers may be employed and paid directly by a local education agency or by a third party public or private employer through an agreement between such third party employer and the local education agency. Substitute teachers employed by third party entities shall be subject to the same unemployment benefit eligibility conditions as substitute teachers employed directly by local education agencies. Acts 1955, ch. 136, § 18; 1957, ch. 75, § 1; 1959, ch. 93, § 1; 1967, ch. 396, § 1; 1968, ch. 420, §§ 1, 2; 1971, ch. 128, § 1; 1971, ch. 421, § 1; 1973, ch. 2, § 1; 1973, ch. 175, § 1; 1974, ch. 488, § 1; 1975, ch. 46, §§ 1, 2; 1975, ch. 51, § 1; 1975, ch. 100, § 2; 1977, ch. 364, § 2; 1978, ch. 557, § 2; 1979, ch. 78, § 1; 1980, ch. 544, § 1; 1980, ch. 567, § 1; 1981, ch. 282, §§ 1, 2; 1982, ch. 674, §§ 3, 4; T.C.A., §§ 49-1314(b), 49-1315; Acts 1997 , ch. 499, § 1; 2011 , ch. 202, § 1.
Substitute teachers are those teachers used to replace teachers on leave authorized by § 49-5-701 , § 49-5-710 or § 49-5-711 , or to fill temporary vacancies as defined by the state board of education and granted under written local school board policies. Substitute teachers may be employed and paid directly by a local education agency or by a third party public or private employer through an agreement between such third party employer and the local education agency. Substitute teachers employed by third party entities shall be subject to the same unemployment benefit eligibility conditions as substitute teachers employed directly by local education agencies.
Acts 1955, ch. 136, § 18; 1957, ch. 75, § 1; 1959, ch. 93, § 1; 1967, ch. 396, § 1; 1968, ch. 420, §§ 1, 2; 1971, ch. 128, § 1; 1971, ch. 421, § 1; 1973, ch. 2, § 1; 1973, ch. 175, § 1; 1974, ch. 488, § 1; 1975, ch. 46, §§ 1, 2; 1975, ch. 51, § 1; 1975, ch. 100, § 2; 1977, ch. 364, § 2; 1978, ch. 557, § 2; 1979, ch. 78, § 1; 1980, ch. 544, § 1; 1980, ch. 567, § 1; 1981, ch. 282, §§ 1, 2; 1982, ch. 674, §§ 3, 4; T.C.A., §§ 49-1314(b), 49-1315; Acts 1997 , ch. 499, § 1; 2011 , ch. 202, § 1.
Tenn. Code Ann. § 49-8-303 — TN Code / Title 49 / Chapter 8 / Section 49-8-303
Procedures for action against tenured employee
Status: in_force

(a) The board of regents and each state university board shall develop procedures for the termination of faculty with tenure for adequate cause by the institutions following a hearing that ensures due process, which procedures shall include the following minimum requirements: (1) The faculty member shall be notified of the specific charges in writing, and shall be notified of the time, place, and nature of the hearing at least twenty (20) days prior to the hearing; (2) The faculty member shall have the right to be represented by counsel of the faculty member's own choice; (3) A verbatim record of the hearing shall be made, and a typewritten copy made available to the faculty member for a reasonable fee at the faculty member's request; (4) The burden of proof that adequate cause for termination exists shall be upon the institution and shall be satisfied only by clear and convincing evidence in the record considered as a whole; (5) The faculty member shall have the right to confront and cross-examine all witnesses; and (6) The findings of fact and the decision shall be based solely on the hearing record. (b) The board of regents and each state university board shall adopt all additional procedures the respective board deems necessary for the hearings and may provide for review of the decision by the board or its designee based upon the record. (c) A faculty member serving a probationary period shall be given an oral statement of the reason for nonappointment to the institution's faculty. Amended by 2016 Tenn. Acts, ch. 869,s 24, eff. 7/1/2016. Acts 1976, ch. 839, § 4; T.C.A., § 49-3257.
(a) The board of regents and each state university board shall develop procedures for the termination of faculty with tenure for adequate cause by the institutions following a hearing that ensures due process, which procedures shall include the following minimum requirements: (1) The faculty member shall be notified of the specific charges in writing, and shall be notified of the time, place, and nature of the hearing at least twenty (20) days prior to the hearing; (2) The faculty member shall have the right to be represented by counsel of the faculty member's own choice; (3) A verbatim record of the hearing shall be made, and a typewritten copy made available to the faculty member for a reasonable fee at the faculty member's request; (4) The burden of proof that adequate cause for termination exists shall be upon the institution and shall be satisfied only by clear and convincing evidence in the record considered as a whole; (5) The faculty member shall have the right to confront and cross-examine all witnesses; and (6) The findings of fact and the decision shall be based solely on the hearing record.
(1) The faculty member shall be notified of the specific charges in writing, and shall be notified of the time, place, and nature of the hearing at least twenty (20) days prior to the hearing;
(2) The faculty member shall have the right to be represented by counsel of the faculty member's own choice;
(3) A verbatim record of the hearing shall be made, and a typewritten copy made available to the faculty member for a reasonable fee at the faculty member's request;
(4) The burden of proof that adequate cause for termination exists shall be upon the institution and shall be satisfied only by clear and convincing evidence in the record considered as a whole;
(5) The faculty member shall have the right to confront and cross-examine all witnesses; and
(6) The findings of fact and the decision shall be based solely on the hearing record.
(b) The board of regents and each state university board shall adopt all additional procedures the respective board deems necessary for the hearings and may provide for review of the decision by the board or its designee based upon the record.
(c) A faculty member serving a probationary period shall be given an oral statement of the reason for nonappointment to the institution's faculty.
Amended by 2016 Tenn. Acts, ch. 869,s 24, eff. 7/1/2016.
Acts 1976, ch. 839, § 4; T.C.A., § 49-3257.
Tenn. Code Ann. § 49-7-210 — TN Code / Title 49 / Chapter 7 / Section 49-7-210
Annual report
Status: in_force

(a) The Tennessee higher education commission shall submit an annual report on the condition of Tennessee higher education to the governor and the general assembly. (b) This report, which is known as the Tennessee Postsecondary Education Fact Book, must include data from the state universities, the institutions of the board of regents system, and the University of Tennessee system and their governing bodies and, to the extent possible, from the Tennessee Independent Colleges and Universities Association. The fact book must also include available regional and national information to put Tennessee's data in context. (c) The fact book must address the topics of access, efficiency, productivity, and quality as indicated by, but not limited to, the following performance categories and illustrative indicators: (1) Student preparation, such as freshman class profiles and learning support placement and success rates, by subject area; (2) Student participation, such as college-going rates, overall enrollment, and enrollment by critical student subpopulations; (3) Student progression, such as end-of-term enrollment counts, freshman-to-sophomore retention rates, and the number of students passing credit hour benchmarks under the higher education funding formula; (4) Student success and completion, such as retention and graduation rates, time to degree, credentials awarded, and credentials awarded per one hundred (100) full-time equivalent enrolled students; (5) Workforce participation, such as job placement rates and licensure passage rates; (6) Academic trends, such as student engagement survey results, changes to the academic program inventory, low-producing academic programs, the number and percentage of accredited programs, and the percentage of lower division instructional courses taught by full-time faculty, part-time faculty and graduate assistants; (7) Financing trends, such as state appropriation levels and net tuition revenues, state and other revenue per student, and state and other revenue per awarded credential; and (8) Affordability trends, such as in-state and out-of-state tuition rates, aggregate debt and student default rates, and costs of attendance. (d) The fact book: (1) Must include the amount of any federal appropriations made to, and the amount of any matching funds received by, each federal land-grant institution of higher education in this state for each of the agricultural research, extension, education, and related programs established under: (A) Section 1444 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. § 3221 ); (B) Section 1445 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. § 3222 ); (C) Sections 3(b) and (c) of the Smith-Lever Act ( 7 U.S.C. § 343 ); and (D) The Hatch Act of 1887 ( 7 U.S.C. § 361a et seq.); (2) Must include the amount of any state appropriations made to each federal land-grant institution of higher education in this state for agriculture education; and (3) May include any additional information that may assist the general assembly in providing equitable funding to each of the federal land-grant institutions of higher education in this state. (e) The fact book must be published prior to May 1 each year, or as soon as practicable upon receipt of necessary student data from the systems and other sources. The fact book must be made available in web-based and printable formats. Amended by 2021 Tenn. Acts, ch. 183, s 8, eff. 7/1/2021. Acts 1992, ch. 739, § 1; 1994, ch. 685, § 3; 2000, ch. 724, § 1; 2011 , ch. 297, § 8; 2012 , ch. 1009, § 3.
(a) The Tennessee higher education commission shall submit an annual report on the condition of Tennessee higher education to the governor and the general assembly.
(b) This report, which is known as the Tennessee Postsecondary Education Fact Book, must include data from the state universities, the institutions of the board of regents system, and the University of Tennessee system and their governing bodies and, to the extent possible, from the Tennessee Independent Colleges and Universities Association. The fact book must also include available regional and national information to put Tennessee's data in context.
(c) The fact book must address the topics of access, efficiency, productivity, and quality as indicated by, but not limited to, the following performance categories and illustrative indicators: (1) Student preparation, such as freshman class profiles and learning support placement and success rates, by subject area; (2) Student participation, such as college-going rates, overall enrollment, and enrollment by critical student subpopulations; (3) Student progression, such as end-of-term enrollment counts, freshman-to-sophomore retention rates, and the number of students passing credit hour benchmarks under the higher education funding formula; (4) Student success and completion, such as retention and graduation rates, time to degree, credentials awarded, and credentials awarded per one hundred (100) full-time equivalent enrolled students; (5) Workforce participation, such as job placement rates and licensure passage rates; (6) Academic trends, such as student engagement survey results, changes to the academic program inventory, low-producing academic programs, the number and percentage of accredited programs, and the percentage of lower division instructional courses taught by full-time faculty, part-time faculty and graduate assistants; (7) Financing trends, such as state appropriation levels and net tuition revenues, state and other revenue per student, and state and other revenue per awarded credential; and (8) Affordability trends, such as in-state and out-of-state tuition rates, aggregate debt and student default rates, and costs of attendance.
(1) Student preparation, such as freshman class profiles and learning support placement and success rates, by subject area;
(2) Student participation, such as college-going rates, overall enrollment, and enrollment by critical student subpopulations;
(3) Student progression, such as end-of-term enrollment counts, freshman-to-sophomore retention rates, and the number of students passing credit hour benchmarks under the higher education funding formula;
(4) Student success and completion, such as retention and graduation rates, time to degree, credentials awarded, and credentials awarded per one hundred (100) full-time equivalent enrolled students;
(5) Workforce participation, such as job placement rates and licensure passage rates;
(6) Academic trends, such as student engagement survey results, changes to the academic program inventory, low-producing academic programs, the number and percentage of accredited programs, and the percentage of lower division instructional courses taught by full-time faculty, part-time faculty and graduate assistants;
(7) Financing trends, such as state appropriation levels and net tuition revenues, state and other revenue per student, and state and other revenue per awarded credential; and
(8) Affordability trends, such as in-state and out-of-state tuition rates, aggregate debt and student default rates, and costs of attendance.
(d) The fact book: (1) Must include the amount of any federal appropriations made to, and the amount of any matching funds received by, each federal land-grant institution of higher education in this state for each of the agricultural research, extension, education, and related programs established under: (A) Section 1444 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. § 3221 ); (B) Section 1445 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. § 3222 ); (C) Sections 3(b) and (c) of the Smith-Lever Act ( 7 U.S.C. § 343 ); and (D) The Hatch Act of 1887 ( 7 U.S.C. § 361a et seq.); (2) Must include the amount of any state appropriations made to each federal land-grant institution of higher education in this state for agriculture education; and (3) May include any additional information that may assist the general assembly in providing equitable funding to each of the federal land-grant institutions of higher education in this state.
(1) Must include the amount of any federal appropriations made to, and the amount of any matching funds received by, each federal land-grant institution of higher education in this state for each of the agricultural research, extension, education, and related programs established under: (A) Section 1444 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. § 3221 ); (B) Section 1445 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. § 3222 ); (C) Sections 3(b) and (c) of the Smith-Lever Act ( 7 U.S.C. § 343 ); and (D) The Hatch Act of 1887 ( 7 U.S.C. § 361a et seq.);
(A) Section 1444 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. § 3221 );
(B) Section 1445 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. § 3222 );
(C) Sections 3(b) and (c) of the Smith-Lever Act ( 7 U.S.C. § 343 ); and
(D) The Hatch Act of 1887 ( 7 U.S.C. § 361a et seq.);
(2) Must include the amount of any state appropriations made to each federal land-grant institution of higher education in this state for agriculture education; and
(3) May include any additional information that may assist the general assembly in providing equitable funding to each of the federal land-grant institutions of higher education in this state.
(e) The fact book must be published prior to May 1 each year, or as soon as practicable upon receipt of necessary student data from the systems and other sources. The fact book must be made available in web-based and printable formats.
Amended by 2021 Tenn. Acts, ch. 183, s 8, eff. 7/1/2021.
Acts 1992, ch. 739, § 1; 1994, ch. 685, § 3; 2000, ch. 724, § 1; 2011 , ch. 297, § 8; 2012 , ch. 1009, § 3.
Tenn. Code Ann. § 49-10-405 — TN Code / Title 49 / Chapter 10 / Section 49-10-405
[Repealed]
Status: repealed

Repealed by 2019 Tenn. Acts, ch. 107,s 20, eff. 4/11/2019. Acts 1972, ch. 839, § 7; T.C.A., § 49-2945.
Repealed by 2019 Tenn. Acts, ch. 107,s 20, eff. 4/11/2019.
Acts 1972, ch. 839, § 7; T.C.A., § 49-2945.
Tenn. Code Ann. § 49-6-1206 — TN Code / Title 49 / Chapter 6 / Section 49-6-1206
Reserve officer training
Status: in_force

In high schools offering programs of reserve officer training, a student may, at the student's discretion, substitute credit earned in the reserve officer training program for required credit in lifetime wellness. Acts 1975, ch. 12, § 1; T.C.A., § 49-1929; Acts 2007, ch. 313, § 2.
In high schools offering programs of reserve officer training, a student may, at the student's discretion, substitute credit earned in the reserve officer training program for required credit in lifetime wellness.
Acts 1975, ch. 12, § 1; T.C.A., § 49-1929; Acts 2007, ch. 313, § 2.