reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 6 - ELEMENTARY AND SECONDARY EDUCATION (§§ 49-6-101 — 49-6-8106) › Part 30 - ATTENDANCE (§§ 49-6-NEW — 49-6-3051) › Section 49-6-3016 - Special days and holidays

(a)
Thanksgiving Day and December 25 are set apart as holidays for all the public schools, and boards of education are authorized to pay the salary of teachers of all schools that have not closed their term for the year at the same rate as if the teachers had taught school on those holidays; provided, that the failure to teach on any other day or days within the scholastic term shall not be counted as time for which salary shall be allowed.
(b)
The governor shall proclaim February of each year as American history month in this state. The governor shall issue a proclamation calling upon all elementary school teachers and all teachers of American history in secondary schools to arrange special programs at some time during American history month, and calling upon the people of the entire state to observe it in some fitting manner, having as their objectives the advancement of the study of American history and the promotion of American heritage.
(c)
The month of February of each and every year is officially recognized and designated as "Tennessee and American History Month," and the public schools, colleges and universities shall give due regard to such.
Acts 1915, ch. 134, §§ 1-3; Shan., §§ 1456a1, 1456a2; Acts 1925, ch. 115, §§ 27, 28; Shan. Supp., §§ 1487a173, 1487a174, 1487a176; Code 1932, §§ 2500, 2501, 2503-2505; Acts 1947, ch. 94, § 1; C. Supp. 1950, § 2501; Acts 1957, ch. 259, § 1; 1971, ch. 342, § 1; 1972, ch. 775, § 1; 1974, ch. 654, § 114; T.C.A. (orig. ed.), §§ 49-1801 -- 49-1807; Acts 1990, ch. 948, § 13.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 6 - ELEMENTARY AND SECONDARY EDUCATION (§§ 49-6-101 — 49-6-8106) › Part 30 - ATTENDANCE (§§ 49-6-NEW — 49-6-3051) › Section 49-6-3018 - Children serving as pages for general assembly

A child who serves as a page of the general assembly during the school year, either at regular or special sessions, shall be credited as present by the school in which the child is enrolled in the same manner as an educational field trip. The child's participation as a page shall not be counted as an absence, either excused or unexcused.
Amended by 2017 Tenn. Acts, ch. 96,s 1, eff. 4/4/2017.
Acts 1995, ch. 125, § 1.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 6 - ELEMENTARY AND SECONDARY EDUCATION (§§ 49-6-101 — 49-6-8106) › Part 30 - ATTENDANCE (§§ 49-6-NEW — 49-6-3051) › Section 49-6-3019 - Excused absence for deployment or return from deployment of parent or guardian in armed forces

(a)
Notwithstanding any other law to the contrary, if a student's parent, custodian or other person with legal custody or control of the student is a member of the United States armed forces, including a member of a state national guard or a reserve component called to federal active duty, a public school principal shall give the student:
(1)
An excused absence for one (1) day when the member is deployed;
(2)
An additional excused absence for one (1) day when the service member returns from deployment;
(3)
Excused absences for up to ten (10) days for visitation when the member is granted rest and recuperation leave and is stationed out of the country; and
(4)
Excused absences for up to ten (10) days cumulatively within the school year for visitation during the member's deployment cycle. Total excused absences under subdivisions (a)(3) and (4) shall not exceed a total of ten (10) days within the school year. The student shall provide documentation to the school as proof of the service member's deployment.
(b)
Students receiving an excused absence under this section shall have the opportunity to make up school work missed and shall not have their class grades adversely affected for lack of class attendance or class participation due to the excused absence.
Amended by 2013 Tenn. Acts, ch. 155,s 1, eff. 7/1/2013.
Acts 2006, ch. 552, § 1; 2008, ch. 676, § 1.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 6 - ELEMENTARY AND SECONDARY EDUCATION (§§ 49-6-101 — 49-6-8106) › Part 30 - ATTENDANCE (§§ 49-6-NEW — 49-6-3051) › Section 49-6-3020 - Documentation of student's withdrawal and transfer

(a)
An LEA shall document a student's withdrawal from a school and transfer to another school, system or state through the best information available. Such information may include documentation provided by relatives or community contacts, court documents, requests for records from a school to which the student transferred and other reasonable means of determining whether the withdrawing student enrolled in another school or program leading to a high school diploma. A permanent record containing all pertinent information with regard to a student's withdrawal from school, including the signature of the parent or guardian requesting withdrawal, and, to the extent possible, the student's future destination shall be kept.
(b)
The department of education shall require an LEA to obtain formal written proof that a child who has moved out-of-state has enrolled in a school or program leading to the award of a regular high school diploma in order not to count such student as a dropout.
Amended by 2013 Tenn. Acts, ch. 262,s 1, eff. 4/25/2013.
Acts 2010, ch. 735, § 1.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 6 - ELEMENTARY AND SECONDARY EDUCATION (§§ 49-6-101 — 49-6-8106) › Part 30 - ATTENDANCE (§§ 49-6-NEW — 49-6-3051) › Section 49-6-3021 - Remedial instruction outside of regular school day

(a)
This part shall apply to a student's attendance at any remedial instruction that is required by the student's school including, but not limited to, programs conducted during the summer and after the conclusion of the regular school day. The decision to require a student's attendance at such instruction shall be made by the principal of the student's school in coordination with any teachers who provide instruction to the student and any other appropriate school faculty. The principal shall make the decision as to when the student shall be released from the requirement of attending the remedial instruction. Students may be suspended or expelled from the program under §
49-6-3401
.
(b)
In making the determination under subsection (a) to require a student to attend a remediation program offered outside the regular school day, the principal shall consider the type of transportation available to the student and whether the student would face hardship in attending the program due to lack of transportation.
(c)
(1)
The principal of a school shall report promptly to the director of schools, or the director's designated representative, the name of any student required to attend a remedial program who has been absent from the remedial program five (5) times without adequate excuse. The principal shall make the report after the fifth unexcused absence whether the absences have been consecutive or not. The principal shall also report each successive accumulation of five (5) unexcused absences by the student.
(2)
If a student's unexcused absences from remedial instruction are reported to the director of schools, or the director's representative, then the director, or the director's representative, shall proceed, pursuant to §
49-6-3007
, in the same manner as required for unexcused absences from the regular school day. The appropriate judge having juvenile jurisdiction in the county shall deal with the case in such manner as the judge may determine to be in the best interest of the child, consistent with §§
37-1-132
,
37-1-168
and
37-1-169
and in the event the child is adjudicated to be unruly, the judge may assess a fine of up to fifty dollars ($50.00) or five (5) hours of community service, in the discretion of the judge, against the parents or legal guardians of such student.
(3)
This subsection (c) shall only apply to remedial programs that are offered at no cost to the parent; provided, that prior to the LEA requiring the student to attend the remedial program, the LEA commits to provide transportation to those students in the remedial program who qualify for transportation to and from school.
Amended by 2013 Tenn. Acts, ch. 304, s 1, eff. 7/1/2013.
Acts 2011 , ch. 219, § 1.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 6 - ELEMENTARY AND SECONDARY EDUCATION (§§ 49-6-101 — 49-6-8106) › Part 30 - ATTENDANCE (§§ 49-6-NEW — 49-6-3051) › Section 49-6-3022 - Excused absence for participation in nonschool-sponsored extracurricular activity

(a)
A school principal or the principal's designee may excuse a student from school attendance to participate in a nonschool-sponsored extracurricular activity, if the following conditions are met:
(1)
The student provides documentation to the school as proof of the student's participation in the nonschool-sponsored extracurricular activity; and
(2)
The student's parent, custodian, or other person with legal custody or control of the student, prior to the extracurricular activity, submits to the principal or the principal's designee a written request for the excused absence. The written request shall be submitted no later than seven (7) business days prior to the student's absence. The written request shall include:
(A)
The student's full name and personal identification number;
(B)
The student's grade;
(C)
The dates of the student's absence;
(D)
The reason for the student's absence; and
(E)
The signature of both the student and the student's parent, custodian, or other person with legal custody or control of the student.
(b)
The principal or the principal's designee shall approve, in writing, the student's participation in the nonschool-sponsored extracurricular activity.
(c)
The principal may limit the number and duration of nonschool-sponsored extracurricular activities for which excused absences may be granted to a student during the school year.
(d)
Notwithstanding subsection (c), the principal shall excuse no more than ten (10) absences each school year for students participating in nonschool-sponsored extracurricular activities.
Added by 2015 Tenn. Acts, ch. 141,s 1, eff. 7/1/2015.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 6 - ELEMENTARY AND SECONDARY EDUCATION (§§ 49-6-101 — 49-6-8106) › Part 30 - ATTENDANCE (§§ 49-6-NEW — 49-6-3051) › Section 49-6-3023 - Rules to ensure incarcerated students provided educational services

(a)
The department of education shall develop rules to be adopted by the state board of education to ensure students incarcerated in detention centers licensed by the department of children's services under §
37-5-502
are provided educational services by an LEA serving the county in which the detention center is located.
(b)
The rules developed under this section shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and shall include, at a minimum, procedures for:
(1)
The funding in an amount equal to the per pupil state and local funds received by the LEA in which the student was enrolled at the time of incarceration on a prorated daily basis for the length of the student's incarceration to be used for the student's education;
(2)
The prompt transfer of the incarcerated student's educational records, including transcripts, from the LEA in which the student was enrolled at the time of incarceration to the LEA in which the detention center is located; and
(3)
Providing instruction to students incarcerated in detention centers for a minimum of four (4) hours each instructional day.
(c)
The department of education shall monitor the educational services provided to students incarcerated in detention centers.
(d)
The department of children's services shall ensure that detention centers licensed under §
37-5-502
comply with any rules adopted by the state board of education pursuant to this section.
Amended by 2019 Tenn. Acts, ch. 191, s 1, eff. 7/1/2019.
Added by 2017 Tenn. Acts, ch. 152, s 1, eff. 4/17/2017.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 6 - ELEMENTARY AND SECONDARY EDUCATION (§§ 49-6-101 — 49-6-8106) › Part 30 - ATTENDANCE (§§ 49-6-NEW — 49-6-3051) › Section 49-6-3024 - Review of laws and policies related to exclusionary discipline of students in pre-kindergarten through kindergarten

(a)
The department of education, in consultation with juvenile court officials, shall review all current laws and policies related to exclusionary discipline practices in public schools for students in pre-kindergarten through kindergarten (pre-K-K). For purposes of this section, "exclusionary discipline" means any type of school disciplinary action that removes or excludes a student from the student's traditional educational setting.
(b)
The review shall:
(1)
Examine the number of exclusionary discipline actions issued by an LEA and the length of each respective disciplinary action;
(2)
Detail the type of offenses committed by the students that led to the exclusionary discipline action;
(3)
Review the impact exclusionary discipline has on students;
(4)
Examine recommendations from lawmakers, juvenile court officials, judges, district attorneys, the Tennessee commission on children and youth, and representatives from LEAs on alternatives to exclusionary discipline;
(5)
Identify free resources to support teachers and parents in addressing children's social, emotional, and behavioral health, strengthening family relationships, and increasing developmental and behavioral screening; and
(6)
Research the possibility of:
(A)
Eliminating exclusionary discipline for non-violent offenses; and
(B)
Encouraging schools to adopt restorative justice discipline practices.
(c)
The department shall develop guidelines and standards for alternatives to exclusionary discipline practices based on the findings of the review required under subsection (b).
(d)
The department shall present its findings and a written report to the education committee of the senate, the education administration and planning committee of the house of representatives, and the education instruction and programs committee of the house of representatives no later than May 1, 2018.
(e)
After submission of the report required in subsection (d), the department shall develop a model policy for alternatives to exclusionary discipline practices that districts may adopt for students in pre-kindergarten through kindergarten (pre-K-K). If a district does not adopt the model policy developed by the department, the district shall develop and implement a policy that meets the guidelines and standards developed under subsection (c). Each LEA shall adopt the model policy or develop their own policy prior to the 2018-2019 school year.
Added by 2017 Tenn. Acts, ch. 204, s 1, eff. 4/27/2017.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 6 - ELEMENTARY AND SECONDARY EDUCATION (§§ 49-6-101 — 49-6-8106) › Part 30 - ATTENDANCE (§§ 49-6-NEW — 49-6-3051) › Section 49-6-3025 - Unlawful withdrawal, transfer, or alteration of enrollment in school with intent to hinder active child abuse or child neglect investigation

(a)
As used in this section, "investigating agency" means the department of children's services or a law enforcement agency that is conducting a child abuse or child neglect investigation.
(b)
A parent, guardian, or other legal custodian required to cause a child to attend school in accordance with §
49-6-3001
shall not withdraw, transfer, or in any way alter a child's current enrollment in school with intent to hinder an active child abuse or child neglect investigation.
(c)
It is a defense to prosecution for an offense under this section that the parent, guardian, or legal custodian received written confirmation from the investigating agency that the investigating agency has been notified of the child's change in enrollment and has confirmed that the change in enrollment would not hinder the agency's investigation.
(d)
An investigating agency conducting a child abuse or child neglect investigation that receives a written notification of intent to withdraw, transfer, or alter a child's enrollment in school must respond to the request within forty-eight (48) hours.
(e)
A violation of subsection (b) is a Class A misdemeanor.
(f)
A violation of subsection (b) is a Class E felony if the parent, guardian, or legal custodian takes the child out of state.
Acts 2019, ch. 398, § 1.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 6 - ELEMENTARY AND SECONDARY EDUCATION (§§ 49-6-101 — 49-6-8106) › Part 30 - ATTENDANCE (§§ 49-6-NEW — 49-6-3051) › Section 49-6-3026 - Student participation in 4 - H

(a)
A student who participates in an activity or program sponsored by 4-H must be credited as present by the school in which the student is enrolled in the same manner as an educational field trip. Notwithstanding §
49-6-3022
, a school principal, or the principal's designee, shall not count a student absent for participating in an activity or program sponsored by 4-H.
(b)
Upon request from a school principal, or the principal's designee, a 4-H agent shall provide documentation as proof of a student's participation in an activity or program sponsored by 4-H.
(c)
A student must have the opportunity to make up any school work missed while the student was participating in an activity or program sponsored by 4-H, and shall not have the student's class grades adversely affected for lack of attendance or participation due to the student's participation in an activity or program sponsored by 4-H.
(d)
Notwithstanding subsection (a), a school principal, or the principal's designee, shall not credit a student who participates in an activity or program sponsored by 4-H as present if the student's participation in an activity or program sponsored by 4-H occurs during:
(1)
The schedule established by the commissioner of education for the administration of the Tennessee comprehensive assessment program (TCAP) tests; or
(2)
Any period of time for which the student has been suspended, expelled, or assigned to an alternative school or alternative program under part 34 of this chapter if the student's suspension, expulsion, or assignment to an alternative school or alternative program would otherwise preclude the student from participating in an educational field trip.
Added by 2021 Tenn. Acts, ch. 116, s 1, eff. 4/13/2021.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 6 - ELEMENTARY AND SECONDARY EDUCATION (§§ 49-6-101 — 49-6-8106) › Part 31 - ASSIGNMENT OF STUDENTS GENERALLY (§§ 49-6-3101 — 49-6-3115) › Section 49-6-3101 - Enrollment of dependent child of service member

(a)
As used in this section:
(1)
"Dependent child" means a child of school age who is the natural child, stepchild, or adopted child of a service member; and
(2)
"Service member" means a member of the United States armed forces who is engaged in active military service.
(b)
A board of education shall allow a student who does not reside within the boundaries of the school district to enroll in a public school within the school district if:
(1)
The student is the dependent child of a service member who is being relocated to this state on military orders and will, upon relocation, be a resident of the school district, but will not be a resident of the school district when the school district conducts an open enrollment period; and
(2)
The service member provides the school district with documentation evidencing that the student is the dependent child of the service member and that the service member is being relocated to this state on military orders and will, upon relocation, be a resident of the school district.
(c)
Each board of education shall adopt policies to establish a reasonable period of time within which a student permitted to enroll and attend a public school under this section must provide proof of residency within the school district.
Added by 2019 Tenn. Acts, ch. 138,s 1, eff. 4/9/2019.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 6 - ELEMENTARY AND SECONDARY EDUCATION (§§ 49-6-101 — 49-6-8106) › Part 31 - ASSIGNMENT OF STUDENTS GENERALLY (§§ 49-6-3101 — 49-6-3115) › Section 49-6-3103 - Factors in determining assignment

In determining the particular public school to which pupils shall be assigned, the board of education may consider and base its decision on any one (1) or more of the following factors:
(1)
Available room and teaching capacity in the various schools;
(2)
The geographical location of the place of residence of the pupil as related to the various schools of the system;
(3)
The availability of transportation facilities;
(4)
The effect of the enrollment on the welfare and best interests of the pupil and all other pupils in the school as well as the effect on the efficiency of the operation of the school;
(5)
The effect of the admission of new pupils upon established or proposed academic programs;
(6)
The suitability of established curricula for particular pupils;
(7)
The adequacy of the pupil's academic preparation for admission to a particular school and curriculum;
(8)
The scholastic aptitude and relative intelligence or mental energy or ability of the pupil;
(9)
The psychological qualifications of the pupil for the type of teaching and associations involved;
(10)
The effect of admission of the pupil upon the academic program of other students in a particular school or facility;
(11)
The effect of admission upon prevailing academic standards at a particular school;
(12)
The psychological effect upon the pupil of attendance at a particular school;
(13)
The effect of any disparity between the physical and mental ages of any pupil to be enrolled, especially when contrasted with the average physical and mental ages of the group with which the pupil may be placed;
(14)
The sociological, psychological and like intangible social scientific factors as will prevent, as nearly as possible, a condition of socioeconomic class consciousness among the pupils;
(15)
The possibility or threat of friction or disorder among pupils or others;
(16)
The possibility of breaches of the peace or ill will or economic retaliation within the community;
(17)
The home environment of the pupil;
(18)
The maintenance or severance of established social and psychological relationships with other pupils and with teachers;
(19)
The choice and interests of the pupil;
(20)
The sex, morals, conduct, health and personal standards of the pupil;
(21)
The request or consent of parents or guardians and the reasons assigned therefor; and
(22)
All other factors that the board may consider pertinent, relevant or material in their effect upon the welfare and best interest of the applicant, other pupils of the school district as a whole and the inhabitants of the school district.
Acts 1957, ch. 13, § 2; 1974, ch. 654, § 110; T.C.A., § 49-1742.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 6 - ELEMENTARY AND SECONDARY EDUCATION (§§ 49-6-101 — 49-6-8106) › Part 31 - ASSIGNMENT OF STUDENTS GENERALLY (§§ 49-6-3101 — 49-6-3115) › Section 49-6-3104 - Transfer of students

(a)
Local boards of education may admit pupils from outside their respective local school systems. Local boards of education may also arrange for the transfer of pupils residing within their systems to schools located outside their districts, and enter into agreements with other local boards of education for the admission or transfer of pupils from one (1) school system to another.
(b)
State school funds shall follow the student into the school system to which the student is transferring under this section.
(c)
Tuition may be charged by a local school system to which a student transfers as provided in §
49-6-3003
.
(d)
Subject to the restrictions in §
49-6-3105
, an adult pupil or the parent or guardian of a minor pupil may transfer the pupil to a school system outside the one serving the pupil's place of residence at the discretion of the receiving board of education.
(e)
Each local board of education may permit adult students or the parents or guardian of a minor student to choose the school the student is to attend. If the choice is for a school other than the one to which the student is normally zoned, the student may be required to provide personal transportation.
(f)
Transfers authorized by this section shall be exercised within the limitations of any existing court order or plan developed to comply with the state or federal constitution.
(g)
(1)
Notwithstanding subsection (c), in cases where an LEA has created a regional school with a specific focus on science, technology, engineering, and math (STEM), local Tennessee investment in student achievement formula (TISA) school funds shall also follow the student into the LEA to which the student is transferring and no tuition may be charged by the receiving LEA.
(2)
[Deleted by 2022 amendment.]
(3)
Nothing in this subsection (g) shall 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.
(4)
As used in this subsection (g), "student" means a student who was attending a school in the sending LEA or had moved into the sending LEA immediately prior to the transfer to the receiving LEA's regional STEM school.
Amended by 2022 Tenn. Acts, ch. 966, s 59, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 966, s 58, eff. 7/1/2023.
Amended by 2016 Tenn. Acts, ch. 882, s 2, eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 882, s 1, eff. 7/1/2016.
Acts 1925, ch. 115, § 19; Shan. Supp., § 1487a141; Code 1932, § 2472; Acts 1957, ch. 9, § 1; 1965, ch. 239, § 1; 1965, ch. 303, § 1; 1968, ch. 417, § 1; 1972, ch. 693, § 13; 1974, ch. 654, §§ 79, 80; T.C.A. (orig. ed.), § 49-1701; Acts 1990, ch. 649, § 3; 1992, ch. 535, § 88.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 6 - ELEMENTARY AND SECONDARY EDUCATION (§§ 49-6-101 — 49-6-8106) › Part 31 - ASSIGNMENT OF STUDENTS GENERALLY (§§ 49-6-3101 — 49-6-3115) › Section 49-6-3105 - Applications for transfer

A local board of education may, by action duly recorded in the board minutes, prescribe a date reasonably in advance of or after the opening of school for the filing of applications for transfer of nonresident pupils into that system and refuse to consider applications filed after that date for the current year. Any transfer student who is admitted to the school system consistent with a policy deadline established according to this section shall be enrolled for one (1) complete school year. School board policies adopted consistent with this section shall establish a date upon which the parent, guardian, or student, as appropriate, shall receive notice of eligibility for reenrollment.
Amended by 2013 Tenn. Acts, ch. 214,s 6, eff. 4/23/2013.
Acts 1957, ch. 13, § 5; T.C.A., § 49-1745; Acts 1992, ch. 535, § 88.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 6 - ELEMENTARY AND SECONDARY EDUCATION (§§ 49-6-101 — 49-6-8106) › Part 31 - ASSIGNMENT OF STUDENTS GENERALLY (§§ 49-6-3101 — 49-6-3115) › Section 49-6-3106 - Direct advancement from kindergarten to second grade

A local board of education may approve a procedure for determining the competency of students who have attended kindergarten (K) to advance directly to grade two (2).
Amended by 2019 Tenn. Acts, ch. 248, s 66, eff. 5/2/2019.
Acts 1957, ch. 13, § 6; 1974, ch. 655, § 1; T.C.A., § 49-1746.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 6 - ELEMENTARY AND SECONDARY EDUCATION (§§ 49-6-101 — 49-6-8106) › Part 31 - ASSIGNMENT OF STUDENTS GENERALLY (§§ 49-6-3101 — 49-6-3115) › Section 49-6-3107 - Notice of student assignment

In assigning students, the board of education may give individual written notice of assignment on each pupil's report card or by written notice by any other feasible means to the parent, or may give notice by publication.
Acts 1957, ch. 13, § 7; T.C.A., § 49-1747.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 6 - ELEMENTARY AND SECONDARY EDUCATION (§§ 49-6-101 — 49-6-8106) › Part 31 - ASSIGNMENT OF STUDENTS GENERALLY (§§ 49-6-3101 — 49-6-3115) › Section 49-6-3108 - Attendance in adjoining states

Boards of education located in counties that are adjacent to other states may contract with the appropriate local or state officials in the adjoining state for the education of children in kindergarten through grade twelve (K-12); provided, that the board of education of the Tennessee school district and the commissioner of education determine that such an arrangement is the most economical way of providing a reasonable education for children under the jurisdiction of such boards. The contract shall be executed by the appropriate board of education and approved by the commissioner and the attorney general and reporter prior to the enrollment of the children in the schools of the other state. The cost of educating the children in accordance with the terms of such contracts shall constitute a part of the costs of the Tennessee investment in student achievement formula (TISA) of the respective school district. Any local board of education entering such contract shall be relieved of all liability for the subject children during the term of the contract. The contract may be renewed annually at the discretion of the board.
Amended by 2022 Tenn. Acts, ch. 966, s 60, eff. 7/1/2023.
Acts 1957, ch. 90, § 1; 1974, ch. 654, § 112; T.C.A., § 49-1764; Acts 1987, ch. 286, § 1; 1988, ch. 498, § 1.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 6 - ELEMENTARY AND SECONDARY EDUCATION (§§ 49-6-101 — 49-6-8106) › Part 31 - ASSIGNMENT OF STUDENTS GENERALLY (§§ 49-6-3101 — 49-6-3115) › Section 49-6-3109 - Unlawful discrimination

(a)
No person shall be refused admission into or be excluded from any public school in this state on account of race, creed, color, sex or national origin.
(b)
(1)
No student shall be assigned or compelled to attend any school on account of race, creed, color or national origin, or for the purpose of achieving equality in attendance or increased attendance or reduced attendance, at any school, of persons of one (1) or more particular races, creeds, colors or national origins.
(2)
No school district, school zone or attendance unit, by whatever name known, shall be established, reorganized or maintained for any such purpose.
(3)
Nothing contained in this subsection (b) shall prevent the assignment of a pupil in the manner requested or authorized by the pupil's parents or guardian.
(4)
Nothing in this section shall be deemed to affect, in any way, the right of a religious or denominational educational institution to select its pupils exclusively or primarily from members of that religion or denomination, or from giving preference in selection to such members or to make such selection of its pupils as is calculated to promote the religious principle for which it is established.
Acts 1970, ch. 474, §§ 1, 2; 1976, ch. 446, § 1; T.C.A., §§ 49-1770, 49-1771.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 6 - ELEMENTARY AND SECONDARY EDUCATION (§§ 49-6-101 — 49-6-8106) › Part 31 - ASSIGNMENT OF STUDENTS GENERALLY (§§ 49-6-3101 — 49-6-3115) › Section 49-6-3110 - [Repealed] Reserved

Repealed by 2021 Tenn. Acts, ch. 493, s 31, eff. 5/25/2021.
Amended by 2018 Tenn. Acts, ch. 725, Secs.s 41, s 42 eff. 4/18/2018.
Acts 1973, ch. 266, §§ 1-5; 1974, ch. 654, § 113; T.C.A., §§ 49-1773 -- 49-1777; Acts 1990, ch. 1024, § 25.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 6 - ELEMENTARY AND SECONDARY EDUCATION (§§ 49-6-101 — 49-6-8106) › Part 31 - ASSIGNMENT OF STUDENTS GENERALLY (§§ 49-6-3101 — 49-6-3115) › Section 49-6-3111 - Enrollment of secondary students in postsecondary institutions

(a)
Academically talented or gifted students enrolled in grades nine (9), ten (10), eleven (11) or twelve (12) in public or private high schools in this state may, with the recommendation and approval of the high school principal and appropriate higher education institution personnel, enroll in and receive regular college degree credit from a Tennessee postsecondary institution, if the student has a grade point average equivalent to three point two (3.2) on a four point zero (4.0) maximum basis and if such placement is a part of the student's planned Individual Educational Placement (IEP) as established by the multidisciplinary team process.
(b)
(1)
Students enrolled in grades eleven (11) and twelve (12) may also be allowed to enroll in courses at institutions operated by the board of regents and the University of Tennessee board of trustees, in accordance with regulations governing such attendance promulgated by the state board of education, after consultation with the board of regents and the University of Tennessee board of trustees.
(2)
Subdivision (b)(1) shall not be construed to be an appropriation of funds, and no state funds shall be obligated or expended to implement or administer this subsection (b).
Acts 1983, ch. 395, § 1; T.C.A., § 49-1778; Acts 1990, ch. 1066, §§ 1, 2.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 6 - ELEMENTARY AND SECONDARY EDUCATION (§§ 49-6-101 — 49-6-8106) › Part 31 - ASSIGNMENT OF STUDENTS GENERALLY (§§ 49-6-3101 — 49-6-3115) › Section 49-6-3112 - Children residing on property located in two counties

(a)
(1)
Whenever county boundary lines cross through a farm being operated as a single unit, leaving the farm in two (2) separate counties, the children of the families residing on the farms shall be eligible to attend either county's school system. Eligibility to attend school in the county other than the county in which the family resides or the farm is taxed shall be based on local board of education policy and availability of space in the county school system as determined by the director of schools in such system and shall be subject to payment of tuition pursuant to §
49-6-3003(b)
to the same extent permitted for pupils not residing in that county.
(2)
(A)
Whenever county boundary lines cross through a town or city, leaving the town or city in two (2) or more counties, the children of the families residing in the town or city shall be eligible to attend school in the county school system of any county that is located partially within the town or city. Eligibility to attend school shall be based on availability of space in the county school system as determined by the director of schools of such system.
(B)
If any student attends a school in other than the student's county of residence and the local cost of the student's education exceeds the average in that county, then the transfer is subject to agreement between the directors of schools involved on the payment of the excess cost for the student.
(C)
This subdivision (a)(2) applies only in counties with a population, according to the 1980 federal census or any subsequent federal census, of:
not less than
nor more than
16,575
16,675
32,760
32,800
48,400
48,500
49,400
49,500
67,300
67,400
(b)
Attendance under this section by children in an LEA other than that in which they reside shall not affect any law otherwise applicable regarding payment of tuition by nonresident students, nor shall attendance under this section require an LEA to provide transportation outside of the boundaries of that LEA.
(c)
Whenever county boundary lines cross through a parcel of property, the children of the families residing on the property shall be eligible to attend either county's school system. Eligibility to attend school in the county other than the county in which the family resides or the residence is taxed shall be based on local board of education policy and availability of space in the county school system as determined by the director of schools in such system and shall be subject to payment of tuition pursuant to §
49-6-3003(b)
to the same extent permitted for pupils not residing in that county. An LEA shall not be required to provide transportation to the children outside of the boundaries of that LEA.
Acts 1989, ch. 383, § 1; 1991, ch. 496, §§ 1, 2; 1991, ch. 512, § 1; 2008 , ch. 1002, §§ 1, 2.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 6 - ELEMENTARY AND SECONDARY EDUCATION (§§ 49-6-101 — 49-6-8106) › Part 31 - ASSIGNMENT OF STUDENTS GENERALLY (§§ 49-6-3101 — 49-6-3115) › Section 49-6-3113 - Dependents of LEA employees - Attendance at parent's school

(a)
Notwithstanding this part to the contrary, if a parent of a school-age child is employed by an LEA located outside the LEA of the parent's residence, then the employee's child may attend a school within the LEA that employs the nonresident parent. The child's parent must comply with the LEA's tuition requirements. This section is subject to §§
49-6-3104
and
49-6-3105
.
(b)
(1)
Pursuant to board policy, a parent or guardian teaching in the school system of the parent's or guardian's residence shall be allowed to enroll the parent's or guardian's child at the school where the parent or guardian teaches. This subdivision (b)(1) does not apply to children of teachers teaching at magnet schools. Nothing in this subdivision (b)(1) shall be construed to limit the board's authority in student assignment as set forth in this part.
(2)
If a teacher teaches at a grade's or grades' specific school and a child of that teacher is not within that age group, that teacher's child shall be eligible to attend a school of appropriate grade within the LEA by which the parent is employed. This subdivision (b)(2) does not apply to children of teachers teaching at magnet schools.
Amended by 2022 Tenn. Acts, ch. 709, s 2, eff. 7/1/2022.
Acts 1992, ch. 669, § 1; 1997 , ch. 264, §§ 1, 2; 1998, ch. 867, § 1; 1999, ch. 511, §§ 1 - 3.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 6 - ELEMENTARY AND SECONDARY EDUCATION (§§ 49-6-101 — 49-6-8106) › Part 31 - ASSIGNMENT OF STUDENTS GENERALLY (§§ 49-6-3101 — 49-6-3115) › Section 49-6-3114 - Development of transition plan when treatment program believes child leaving treatment poses threat of serious harm - Confidentiality - Violation

(a)
If a hospital or treatment resource is of the belief that a child leaving a treatment program poses a substantial likelihood of serious harm as defined in §
33-6-501
, in addition to the duties in §
33-3-207
, it is the duty of the hospital or treatment resource to warn the principal of the school the child will be attending of that belief, so the principal or principal's designee may convene a meeting to develop the transition plan accordingly.
(b)
(1)
The information shall be shared only with the employees of the school having responsibility for classroom instruction of the child and school counselor, social worker or psychologist, if involved in developing or implementing the plan for the child while in the school. The information is otherwise confidential and shall not be shared by school personnel with any other person or agency, except as may otherwise be required by law.
(2)
Notification in writing of the nature of the offense committed by the child and any probation requirements and the transition plan developed pursuant to subsection (a) shall not become a part of such child's student record.
(3)
A violation of the confidentiality provisions of subdivisions (b)(1) and (2) is a Class C misdemeanor.
Acts 2007 , ch. 314, § 2.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 6 - ELEMENTARY AND SECONDARY EDUCATION (§§ 49-6-101 — 49-6-8106) › Part 32 - CHALLENGES TO STUDENT ASSIGNMENTS (§§ 49-6-3201 — 49-6-3206) › Section 49-6-3201 - Application for hearing

(a)
Both parents, if living, or the parent, guardian, legal custodian, guardian ad litem or attorney of any student assigned pursuant to part 31 of this chapter who is dissatisfied with the assignment of the student may, within ten (10) days of the order making the assignment, make written application to the board for a hearing before the board as to the reasonableness of the assignment and asking for a transfer to another school.
(b)
The application for transfer shall state the specific reasons why the applicant contends that the student should not attend the school assigned and the specific reasons why the student should be assigned to the different school named in the application.
(c)
Upon the receipt of the application for hearing, the board shall set a date for the hearing of the protest and the hearing shall be held within a reasonable time after receipt of the written application for the hearing.
(d)
Written notice of the date and place of the hearing shall be given by the board or its secretary to the parents, guardian or legal custodian of the student by mailing a notice of hearing to the party at the party's last known mailing address at least ten (10) days before the date of the hearing.
(e)
The applicant shall be entitled to appear in the person's own behalf or to be represented by counsel upon the hearing of the protest.
Amended by 2013 Tenn. Acts, ch. 397,s 5, eff. 7/1/2013.
Acts 1957, ch. 13, § 8; T.C.A., § 49-1748.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 6 - ELEMENTARY AND SECONDARY EDUCATION (§§ 49-6-101 — 49-6-8106) › Part 32 - CHALLENGES TO STUDENT ASSIGNMENTS (§§ 49-6-3201 — 49-6-3206) › Section 49-6-3202 - Decision of board

(a)
The board shall consider and decide each individual case separately on its merits, and its decision shall be based upon a consideration of the factors set forth in §
49-6-3103
.
(b)
Within a reasonable time after the completion of the hearing, the board shall enter a written order either granting or denying the protest.
(c)
A copy of the order and the findings of the board shall be mailed by the board or its secretary to all parties appearing at the hearing at their last known mailing address within five (5) days from the date of the order.
(d)
In any county having a population of not less than eight hundred ninety-seven thousand four hundred (897,400) nor more than eight hundred ninety-seven thousand five hundred (897,500), according to the 2000 federal census or any subsequent federal census, if the board delegates its authority to a committee pursuant to §
49-6-3102(d)(2)
to consider and decide an individual case, then the committee shall comply with subsections (a)-(c).
Acts 1957, ch. 13, § 9; T.C.A., § 49-1749; Acts 2009 , ch. 331, § 2.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 6 - ELEMENTARY AND SECONDARY EDUCATION (§§ 49-6-101 — 49-6-8106) › Part 32 - CHALLENGES TO STUDENT ASSIGNMENTS (§§ 49-6-3201 — 49-6-3206) › Section 49-6-3204 - Hearing by examiners - Decision by board

(a)
The board of education is authorized to designate one (1) or more of its members or one (1) or more competent examiners to conduct the hearings, to take testimony and to make a report of the hearings to the entire board for its determination.
(b)
Before the board enters a final order in such cases, the members of the board shall personally consider the entire record and the board shall make its decision on the basis of the record.
(c)
(1)
In any county having a population of not less than eight hundred ninety-seven thousand four hundred (897,400) nor more than eight hundred ninety-seven thousand five hundred (897,500), according to the 2000 federal census or any subsequent federal census, if the board delegates its authority to a committee pursuant to §
49-6-3102(e)(2)
to consider and decide an individual case, then the member or examiner designated pursuant to subsection (a) shall make a report of the hearings to the committee for determination.
(2)
Before the committee shall enter a final order in such case, the committee shall personally consider the entire record and the committee shall make a decision on the basis of the record.
Acts 1957, ch. 13, § 14; T.C.A., § 49-1754; Acts 2009 , ch. 331, § 3.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 6 - ELEMENTARY AND SECONDARY EDUCATION (§§ 49-6-101 — 49-6-8106) › Part 32 - CHALLENGES TO STUDENT ASSIGNMENTS (§§ 49-6-3201 — 49-6-3206) › Section 49-6-3206 - Rights of board members

(a)
Each board of education shall be authorized to employ counsel to represent the board in any matters arising under part 31 of this chapter and this part, to employ court reporters for the purpose of preserving evidence at hearings conducted under part 31 of this chapter and this part and preparing transcripts of hearings, and to employ such other personnel and incur such other expenses as the board may find to be necessary for the efficient administration of part 31 of this chapter and this part.
(b)
Any judgments, liabilities and court costs adjudged against the board of education or the members of the board, the fees of attorneys employed by the board, and any and all other expenses and liabilities incurred under part 31 of this chapter and this part, shall be the obligation of the school district involved, and shall be paid from the funds of the school district.
(c)
No board of education or member of the board, nor its agents or examiners, shall be answerable to a charge of libel, slander or other action, whether civil or criminal, by reason of any finding or statement contained in the written findings of fact or decisions or by reason of any written or oral statements made in the course of the proceedings or deliberations provided for under part 31 of this chapter and this part.
Acts 1957, ch. 13, §§ 22, 23; 1974, ch. 654, § 111; T.C.A., §§ 49-1762, 49-1763.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 6 - ELEMENTARY AND SECONDARY EDUCATION (§§ 49-6-101 — 49-6-8106) › Part 33 - ENFORCEMENT POWERS OF EDUCATION DEPARTMENT (§§ 49-6-3301 — 49-6-3302) › Section 49-6-3301 - Supervisor of census and attendance

(a)
The commissioner of education is authorized to appoint a supervisor of census and attendance in the department of education whose primary responsibility shall be to supervise and enforce the census and compulsory school attendance laws.
(b)
The supervisor of census and attendance shall have general supervision over census enumerators and attendance officers and other persons authorized to perform the duties of census enumerators and attendance officers.
(c)
The commissioner is authorized to prescribe the duties of the supervisor and to make rules and regulations for the performance of the duties, not inconsistent with law, that will promote the purposes of the census and compulsory school attendance laws.
(d)
The supervisor shall cooperate fully with directors of schools and boards of education in the enforcement of the census and compulsory school attendance laws, and shall furnish to boards of education ratings relative to the efficiency of local school attendance officials.
Acts 1945, ch. 143, § 1; C. Supp. 1950, § 2475.1; Acts 1974, ch. 654, § 107; T.C.A. (orig. ed.), § 49-1738.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 6 - ELEMENTARY AND SECONDARY EDUCATION (§§ 49-6-101 — 49-6-8106) › Part 33 - ENFORCEMENT POWERS OF EDUCATION DEPARTMENT (§§ 49-6-3301 — 49-6-3302) › Section 49-6-3302 - Withholding state funds for noncompliance

The commissioner, upon due hearing after two (2) weeks' written notice to the board of education affected, may withhold and declare forfeited any part or all state school funds due any school district that refuses or neglects to comply with and to enforce the census or compulsory school attendance laws.
Acts 1945, ch. 143, § 2; C. Supp. 1950, § 2475.2; Acts 1974, ch. 654, § 108; T.C.A. (orig. ed.), § 49-1739.