2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 3 - FINANCES (§§ 49-3-101 — 49-3-2003) › Part 3 - TENNESSEE EDUCATION FINANCE ACT OF 1977 (§§ 49-3-301 — 49-3-370) › Section 49-3-317 - Adjustments to reflect local changes

(a)
(1)
Whenever the operation of schools in any LEA is suspended by reason of epidemic, natural disaster or other justifiable cause, if so determined by the state board upon the written petition of the board, the suspension shall not operate to deprive the LEA of state funds to which it would be entitled, if the LEA otherwise meets the requirements of law.
(2)
Notwithstanding subdivision (a)(1), the suspension of the operation of schools in an LEA during the 2019-2020 school year shall not operate to deprive the LEA of state funds to which the LEA would be entitled if the LEA otherwise meets the requirements of law. This subdivision (a)(2) does not require an LEA to petition the state board of education for a determination of an epidemic, natural disaster, or for other justifiable cause before an LEA may receive state funds. For purposes of this subdivision (a)(2), justifiable cause exists for the 2019-2020 school year.
(b)
Whenever the schools in any LEA are conducted on a year-round basis, the year-round basis shall not operate to reduce the level of state support to the LEA, and the commissioner shall make adjustments necessary to accommodate the year-round operation so as not to diminish state financial support.
(c)
(1)
If, as of July 1 of any school year, there has been a change since the beginning of the previous school term in the boundaries of an LEA or, pursuant to §
49-2-106
, the creation or reactivation of an LEA, that involves the shifting of students from one LEA to another, or two (2) or more LEAs enter into a joint agreement that results in the shifting of students from one LEA to another, then, in the distribution of state education funds, the commissioner shall determine, on the basis of information submitted to the commissioner by the appropriate boards, the ADM of students residing in the affected area, involved in the shift.
(2)
If, as of July 1 of any school year, there has been a change since the beginning of the previous school term in the boundaries of an LEA or, pursuant to §
49-2-106
, the creation or reactivation of an LEA, that involves the shifting of students from one LEA to another, or two (2) or more LEAs enter into a joint agreement that results in the shifting of students from one LEA to another, the commissioner shall upwardly adjust the ADM in favor of the LEA receiving students based on the number of students shifted; and the adjusted ADM shall be used in making the apportionment and distribution of state education funds.
(3)
Notwithstanding any law to the contrary, if there has been a change since the beginning of the previous school term in the boundaries of an LEA or if, due to the creation or reactivation of an LEA, students are shifted from one LEA to another, the LEAs may adjust the salary schedules of persons employed by the LEAs in nonteaching positions based upon a compensation study.
(d)
Allowed costs of educating students in other states under §
49-6-3108
shall be included in the state education funds of affected LEAs, as determined by the commissioner.
(e)
(1)
If an LEA's BEP calculation for the 2021-2022 school year, inclusive of the state and local portions, generates a lower BEP calculation than was calculated for the 2020-2021 school year, then the LEA's BEP calculation for the 2021-2022 school year, inclusive of the state and local portions, must be equal to the LEA's BEP calculation for the 2020-2021 school year. The department shall compare an LEA's BEP calculation for the 2021-2022 school year with the LEA's BEP calculation for the 2020-2021 school year for purposes of this subdivision (e)(1) prior to any adjustments to the instructional salaries and wages and instructional benefits categories of the BEP in each respective year.
(2)
The BEP calculation used in subdivision (e)(1) must only be used to determine an LEA's BEP funding for the 2021-2022 school year, and shall not be used in determining future BEP calculations.
(3)
Subdivision (e)(1) only applies to LEAs in full compliance with state school attendance and truancy intervention laws as provided in chapter 6, part 30 of this title, and the state board of education's continuous learning plan rules, which require LEAs to track student attendance daily when students are participating in remote instruction. In tracking daily student attendance and compliance with state school attendance and truancy intervention laws, an LEA shall implement policies and procedures for the LEA to request and receive daily visual, verbal, or written confirmation of student participation in instructional time; determine excused versus unexcused student absences; and implement interventions to address student absences during remote instruction.
Amended by 2022 Tenn. Acts, ch. 966, s 19, eff. 7/1/2023.
Amended by 2021 Tenn. Acts, ch. 398, s 1, eff. 5/11/2021.
Amended by 2020 Tenn. Acts, ch. 652, s 9, eff. 4/2/2020.
Amended by 2014 Tenn. Acts, ch. 1006,s 1, eff. 5/22/2014.
Acts 1977, ch. 289, § 14; T.C.A., § 49-616; Acts 2001, ch. 284, § 11; 2005, ch. 452, §§ 1, 2.