reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 12 - CONSOLIDATION OF SYSTEMS (§§ 49-2-1201 — 49-2-1266) › Section 49-2-1207 - Powers of state regarding consolidation

The department of education and the commissioner of education are vested with the following powers and duties respecting the consolidation of school systems as provided in this part:
(1)
Formulate recommended policies and practices for conducting the consolidation programs;
(2)
Develop suggested methods of procedure and a manual as guides for use by the planning commissions;
(3)
Provide professional assistance in consolidation studies and development of consolidation proposals;
(4)
Appraise reports of studies made by the planning commissions and examine plans for consolidation, recommending changes or modifications where deemed desirable; and
(5)
Afford financial assistance that may be required by counties in effecting consolidation, within the limits of funds available for such purposes.
Acts 1963, ch. 246, § 13; T.C.A., § 49-428.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 12 - CONSOLIDATION OF SYSTEMS (§§ 49-2-1201 — 49-2-1266) › Section 49-2-1208 - Construction

(a)
This part is declared to be remedial legislation to be liberally construed for the purpose of increased economy and efficiency in the operation of public schools; and, after any plan of consolidation provided for in this part has become effective, no officer or agency of any constituent school system shall retain any power or duty where such retention would be inconsistent with this part or with the plan of consolidation.
(b)
Nothing in this part shall be construed to alter or repeal any other law prescribing methods and procedures, contractual, cooperative, unilateral or otherwise by which schools or school systems may be operated.
Acts 1963, ch. 246, § 14; T.C.A., § 49-429.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 12 - CONSOLIDATION OF SYSTEMS (§§ 49-2-1201 — 49-2-1266) › Section 49-2-1251 - Multi-county consolidated school systems - Creation authorized

County boards of education, whenever they deem it advisable for the purpose of a more economical administration and the improvement of the efficiency of the schools, may combine with another county or counties to operate the schools of the counties as a single multi-county consolidated school system.
Acts 1992, ch. 535, § 64.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 12 - CONSOLIDATION OF SYSTEMS (§§ 49-2-1201 — 49-2-1266) › Section 49-2-1252 - Multi-county consolidated school systems - Unification educational planning commission

(a)
(1)
In all counties in this state there may be created a unification educational planning commission, sometimes called the "commission" in §§
49-2-1251
- 49-2-1266.
(2)
It is the duty of the planning commission to study and consider the need for and problems in conjunction with the consolidation of all county schools within the subject counties into a unified school system, and to make and file a written report as provided in this part. If the report recommends consolidation, it shall be accompanied by a proposed plan of consolidation, as provided in §§
49-2-1251
- 49-2-1266.
(b)
(1)
The county mayor, the chair of the county commission and the chair of the board of education of each county may each appoint three (3) competent citizens as members of the planning commission.
(2)
The names of all appointees, other than those made by the county mayor, shall be certified to the county mayor by the appointing authority.
(3)
The county mayor of one (1) of the counties, which one (1) shall be determined by mutual agreement of the counties, shall furnish the commissioner of education with a certified list of all members of the planning commission promptly after all appointments have been made.
(4)
The certified list, together with the appointing officials who shall be ex officio voting members, shall constitute the planning commission, subject to the right of the appointing authorities thereafter to fill any vacancies that may subsequently occur.
(c)
(1)
Within thirty (30) days after the planning commission has been constituted, its members shall hold an organizational meeting at a time and place fixed by one (1) of the county mayors, which one (1) to be determined by mutual agreement of the counties, with notice of the meeting to all members.
(2)
The planning commission shall elect a chair, a secretary and other officers as it deems necessary.
(3)
Future meetings of the planning commission shall be held at such times and places as may be determined.
(d)
(1)
Members of the planning commission shall not receive per diem or other compensation for their services but shall be reimbursed for necessary expenses incurred by them.
(2)
The expenses and other necessary expenses of the planning commission shall be paid from funds appropriated for those expenses by the participating counties.
Acts 1992, ch. 535, § 65; 2003 , ch. 90, § 2.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 12 - CONSOLIDATION OF SYSTEMS (§§ 49-2-1201 — 49-2-1266) › Section 49-2-1253 - Multi-county consolidated school systems - Comprehensive study

(a)
The planning commission shall make a comprehensive study of the need for, issues in, and problems of consolidation of the various county school systems.
(b)
The study shall be completed and a written report made and filed with the commissioner of education within one (1) year after the first meeting of the planning commission.
Acts 1992, ch. 535, § 65.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 12 - CONSOLIDATION OF SYSTEMS (§§ 49-2-1201 — 49-2-1266) › Section 49-2-1254 - Multi-county consolidated school systems - Preparation of consolidation plan

(a)
(1)
The planning commission shall be authorized to prepare a plan for the consolidation of such county school systems.
(2)
The plan as agreed upon by a majority of the planning commission shall be submitted to the department of education for appraisal.
(3)
The recommendations that the department sees fit to make shall be considered by the planning commission and the plan of consolidation may be revised in the light of the recommendations.
(b)
(1)
Before presentation of any proposed plan of consolidation to the department, the planning commission shall hold at least one (1) public hearing duly advertised at least one (1) week prior to the hearing in a newspaper or newspapers of general circulation in each of the counties involved.
(2)
A record shall be kept of the public hearing in each county and a copy filed with the department.
(c)
In developing any consolidation plan, the planning commission shall consider and provide for the following:
(1)
Administrative organization of the proposed consolidated system;
(2)
A method to ensure no diminution in the level of the educational service in the schools in any of the county systems involved;
(3)
Appropriate means for the transfer of all assets and liabilities, including title to all school property, real and personal, of the county systems to the consolidated system;
(4)
Plans for disposition of existing bonded indebtedness, which shall not impair the rights of any of the bond holders;
(5)
Plans for the preservation of the existing pension rights of all teachers and nonteaching personnel in the respective systems;
(6)
Plans for preserving the existing tenure rights, sick leave rights and salary schedule rights, of all teachers and nonteaching personnel in the respective systems;
(7)
Appropriate plans for contributions by counties to the consolidated system for the operation of a unified system of schools during the period of transition following consolidation, which period shall not exceed three (3) years;
(8)
Appropriate plans for reapportionment after each federal decennial census of districts for election of members of the consolidated school board; and
(9)
Any other matter deemed by the planning commission to be pertinent.
Acts 1992, ch. 535, § 65.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 12 - CONSOLIDATION OF SYSTEMS (§§ 49-2-1201 — 49-2-1266) › Section 49-2-1255 - Multi-county consolidated school systems - Consolidated boards of education

(a)
Any plan of consolidation shall provide for a consolidated board of education, sometimes referred to as the "board" in §§
49-2-1251
- 49-2-1266, to be composed of nine (9) members whose terms of office shall be four (4) years.
(b)
(1)
The plan shall provide for the election of nine (9) board members by popular vote at the August general election, with the requirement that all of the board members be bona fide residents of particular districts and elected from such districts.
(2)
Members elected at the regular August election shall take office on September 1, following their elections.
(3)
The nine (9) districts shall be described by the plan, shall cover all of the counties, may cross county lines and shall be of substantially equal population.
(4)
The districts shall be apportioned after every federal decennial census, so that members of the board may continue to be elected from districts of substantially equal population.
(5)
The terms of the board members shall be staggered as the plan may determine.
(c)
Every consolidated board of education has all powers and duties conferred by general law upon county boards of education. The board is authorized to do all things necessary or proper for the establishment, operation and maintenance of an efficient and accredited consolidated school system.
Acts 1992, ch. 535, § 66.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 12 - CONSOLIDATION OF SYSTEMS (§§ 49-2-1201 — 49-2-1266) › Section 49-2-1256 - Multi-county consolidated school systems - Director

(a)
Any plan of consolidation shall provide that the consolidated board of education is authorized to designate a person experienced in public school management and supervision and possessing a license of qualification issued by the state board of education pursuant to §
49-2-301
as the chief administrative employee of the board, and to enter into an employment contract with that person for a period not to exceed five (5) years and for compensation to be determined in the contract.
(b)
The person so employed shall be designated director of consolidated schools.
(c)
The board is authorized to assign to the director duties and responsibilities that are necessarily, usually or properly assigned to a county director of schools.
Acts 1992, ch. 535, § 67.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 12 - CONSOLIDATION OF SYSTEMS (§§ 49-2-1201 — 49-2-1266) › Section 49-2-1257 - Multi-county consolidated school systems - Approval or rejection of plan

(a)
Where the planning commission has submitted a plan of consolidation to the department of education and has thereafter approved the plan, the proposed plan of consolidation shall be submitted to the governing bodies of the counties involved.
(b)
Before taking action upon the proposed plan, each of the governing bodies shall hold at least one (1) public hearing duly advertised one (1) week or more prior to the hearing, in a newspaper or newspapers of general circulation throughout the county.
(c)
Subsequent to the public hearing, each governing body shall consider and act upon the proposed plan of consolidation at its next regular meeting.
(d)
The governing body is authorized to:
(1)
Approve the proposed plan of consolidation; or
(2)
Disapprove the proposed plan of consolidation.
(e)
Where the governing bodies of all the counties have disapproved the proposed plan of consolidation, the proposed plan of consolidation shall be deemed rejected and finally disposed of.
(f)
Whenever a plan of consolidation has been approved by all counties involved, a copy of the plan of consolidation shall be delivered to the consolidated school board.
Acts 1992, ch. 535, § 68.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 12 - CONSOLIDATION OF SYSTEMS (§§ 49-2-1201 — 49-2-1266) › Section 49-2-1258 - Multi-county consolidated school systems - Issuance of bonds

Any consolidated board of education created under §§
49-2-1251
- 49-2-1266 has the authority to issue bonds as a separate and independent local government under the Local Government Public Obligations Act of 1986, compiled in title 9, chapter 21.
Acts 1992, ch. 535, § 69.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 12 - CONSOLIDATION OF SYSTEMS (§§ 49-2-1201 — 49-2-1266) › Section 49-2-1259 - Multi-county consolidated school systems - Audit of boards

Consolidated boards of education shall be subject to the audit provisions of §
49-2-112
.
Acts 1992, ch. 535, § 70.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 12 - CONSOLIDATION OF SYSTEMS (§§ 49-2-1201 — 49-2-1266) › Section 49-2-1260 - Multi-county consolidated school systems - Adoption of local option sales tax rate

Prior to or in conjunction with the adoption of a multi-county school system, the counties that adopt a multi-county school system shall adopt the same local option sales tax rate and distribute according to law.
Acts 1992, ch. 535, § 71.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 12 - CONSOLIDATION OF SYSTEMS (§§ 49-2-1201 — 49-2-1266) › Section 49-2-1261 - Multi-county consolidated school systems - Budgeting, fiscal and purchasing procedures

(a)
A multi-county school system created pursuant to this part shall budget according to the County Budgeting Law of 1957, compiled in title 5, chapter 12, part 1.
(b)
The school system shall follow the fiscal procedures of the County Fiscal Procedure Law of 1957, compiled in title 5, chapter 13.
(c)
The school system shall follow the purchasing process of the County Purchasing Law of 1957, compiled in title 5, chapter 14, part 1.
Acts 1992, ch. 535, § 72.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 12 - CONSOLIDATION OF SYSTEMS (§§ 49-2-1201 — 49-2-1266) › Section 49-2-1262 - Multi-county consolidated school systems - Funding bonus

To aid in the offset of the expenses incurred in the consolidation process, the state shall supplement combining systems with a five percent (5%) funding bonus for the first five (5) years of the existence of the combined system. This five percent (5%) bonus shall be over and above the funds received from the state under this title. Funds distributed under this title for administrative purposes shall continue to be distributed as if each school system were still a separate entity.
Acts 1992, ch. 535, § 73.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 12 - CONSOLIDATION OF SYSTEMS (§§ 49-2-1201 — 49-2-1266) › Section 49-2-1263 - Multi-county consolidated school systems - Powers and duties of department of education

The department of education and the commissioner of education are vested with the following powers and duties respecting the consolidation of school systems:
(1)
Formulate recommended policies and practices for conducting the consolidation programs;
(2)
Develop suggested methods of procedure and a manual as guides for use by the planning commissions;
(3)
Provide professional assistance in consolidation studies and development of consolidation proposals;
(4)
Appraise reports of studies made by the planning commissions and examine plans for consolidation, recommending changes or modifications where deemed desirable; and
(5)
Afford financial assistance that may be required by counties in effecting consolidation, within limits of funds available for such purposes.
Acts 1992, ch. 535, § 74.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 12 - CONSOLIDATION OF SYSTEMS (§§ 49-2-1201 — 49-2-1266) › Section 49-2-1264 - Multi-county consolidated school systems - Participation by municipal or special school districts

(a)
Any municipal or special school district within a county contemplating consolidation may participate in the consolidation process. The municipal or special school district shall notify the county commission of their respective county of their wish to consolidate with the county systems.
(b)
The chair of the board of education of each municipal or special school district may appoint three (3) competent citizens as members of the consolidation planning commission. The chair of the respective boards of education shall be ex officio voting members of the commission.
(c)
If the municipal or special school district wishes to withdraw from the consolidation process, it may do so at any time prior to submittal of the plan to the local governing bodies.
Acts 1992, ch. 535, § 75.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 12 - CONSOLIDATION OF SYSTEMS (§§ 49-2-1201 — 49-2-1266) › Section 49-2-1265 - Multi-county consolidated school system - Property tax

(a)
In addition to any other tax applicable to property located within the consolidated school district created pursuant to this part, there shall be levied a property tax sufficient to fund the consolidated school district. The tax rate shall be set by the general assembly by private act.
(b)
The board of education of the consolidated school district shall have the authority to set the tax rate lower than that imposed by any private act setting a tax rate for the school district, but shall not have the power to impose a tax in excess of any statutory levy nor shall it have the power to lower any special levy assessed for the purpose of bond repayment. In order to change the rate of taxation, the board must certify, on or before September 1, to the county trustees the new school district tax rate not to exceed the rate imposed by the legislative act, and the county trustees shall collect the taxes based on the rates so certified.
Acts 1992, ch. 535, § 76.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 12 - CONSOLIDATION OF SYSTEMS (§§ 49-2-1201 — 49-2-1266) › Section 49-2-1266 - Construction of Sections 49-2-1251 - 49-2-1265

(a)
Sections
49-2-1251
- 49-2-1265 are declared to be remedial legislation to be liberally interpreted for the purpose of increased economy and efficiency in the operation of public schools and after any plan of consolidation provided for shall become effective, no officer or agency of any constituent school system shall retain any power or duty where such retention would be inconsistent with §§
49-2-1251
- 49-2-1265 or with the plan of consolidation.
(b)
Nothing in §§
49-2-1251
- 49-2-1265 shall be construed to alter or repeal any other law prescribing methods and procedures, contractual, cooperative, unilateral or otherwise by which schools or school systems may be operated.
Acts 1992, ch. 535, § 77.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 13 - EDUCATIONAL COOPERATION ACT (§§ 49-2-1301 — 49-2-1308) › Section 49-2-1301 - Short title

This part shall be known and may be cited as the "Educational Cooperation Act."
Acts 1970, ch. 511, § 1; T.C.A, § 49-430.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 13 - EDUCATIONAL COOPERATION ACT (§§ 49-2-1301 — 49-2-1308) › Section 49-2-1302 - Purpose

It is the purpose of this part to permit local governmental units and boards of education the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and to thereby provide educational services and facilities in a manner that will accord best with geographic, economic, population and other factors influencing the needs and development of local educational facilities and services.
Acts 1970, ch. 511, § 2; T.C.A., § 49-431.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 13 - EDUCATIONAL COOPERATION ACT (§§ 49-2-1301 — 49-2-1308) › Section 49-2-1303 - "Public agency" defined

As used in this part, "public agency" includes:
(1)
A board of education of any county, city or special school district or school system;
(2)
A county or municipal governing body; and
(3)
A director of schools.
Acts 1970, ch. 511, § 3; T.C.A., § 49-432.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 13 - EDUCATIONAL COOPERATION ACT (§§ 49-2-1301 — 49-2-1308) › Section 49-2-1305 - Ancillary powers

(a)
(1)
Counties and municipalities are authorized and empowered to levy taxes and issue bonds for all joint or cooperative undertakings authorized by this part.
(2)
Counties, municipalities and school districts are authorized and empowered to expend funds, acquire property through purchase, employ teachers, provide for the transportation of school children and do any and all other acts necessary or expedient for entering into and consummating all joint or cooperative undertakings authorized by this part.
(3)
Existing school plants and facilities may be used or new plants may be acquired or constructed.
(4)
Agreements for joint ownership or use of real and personal property are authorized.
(b)
(1)
If agreements made pursuant to this part establish legal entities to conduct joint or cooperative undertakings, the commissioner of education may consider applications from and allocate funds to such legal entities, at the commissioner's discretion, pursuant to special grant programs administered by the department.
(2)
However, nothing in subdivision (b)(1) shall be construed to authorize the distribution of Tennessee foundation program funds directly to such legal entities.
(3)
Such legal entities are authorized to accept grants of funds from any public or private organization including the state and the federal government.
(c)
Any public agency entering into an agreement under this part may appropriate funds and may sell, lease, give or otherwise supply the administrative joint board or other legal or administrative entity created to operate the joint or cooperative undertaking by providing the personnel or services therefor as may be within its legal power to furnish.
(d)
(1)
Any public agency may contract with any other agency or agencies to perform any governmental service, activity or undertaking that each public agency entering into the contract is authorized by law to perform, if the contract is authorized by the governing body of each party to the contract.
(2)
The contract shall set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties.
Acts 1970, ch. 511, §§ 5, 6, 9, 10; 1981, ch. 132, § 1; T.C.A., §§ 49-434, 49-435, 49-438, 49-439.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 13 - EDUCATIONAL COOPERATION ACT (§§ 49-2-1301 — 49-2-1308) › Section 49-2-1306 - Recording of agreement - Legal actions involving parties

(a)
Before its entry into force, an agreement made under this part shall be filed with the custodian of local public records and with the secretary of state.
(b)
(1)
In any case or controversy involving performance or interpretation of an agreement made under this part or liability under the agreement, the public agencies party thereto shall be real parties in interest, and the state may maintain an action to recoup or otherwise make itself whole for any damages or liability that it may incur by reason of being joined as a party therein.
(2)
Such action shall be maintainable against any public agency or agencies whose default, failure of performance or other conduct caused or contributed to the incurring of damage or liability by the state.
Acts 1970, ch. 511, § 7; T.C.A., § 49-436.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 13 - EDUCATIONAL COOPERATION ACT (§§ 49-2-1301 — 49-2-1308) › Section 49-2-1307 - Additional approval of affected agencies

(a)
If an agreement made under this part addresses in whole or in part the provision of services or facilities with regard to which an officer or agency of the state government has constitutional or statutory powers of control, the agreement shall, as a condition precedent to its becoming effective, be submitted to the state officer or agency having such power of control and shall be approved or disapproved by the state officer or agency as to all matters within the state officer's or its jurisdiction in the same manner and subject to the same requirements governing the action of the attorney general and reporter and the commissioner of education as contained in §
49-2-1304
.
(b)
The requirement of submission and approval shall be in addition to, and not in substitution for, the requirement of submission to and approval by the attorney general and reporter and the commissioner.
Acts 1970, ch. 511, § 8; T.C.A., § 49-437.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 13 - EDUCATIONAL COOPERATION ACT (§§ 49-2-1301 — 49-2-1308) › Section 49-2-1308 - Rights preserved

Nothing in this part shall prohibit any public agency from contracting with other public agencies under existing statutory or charter authority.
Acts 1970, ch. 511, § 11; T.C.A., § 49-440.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 20 - SCHOOL BOARDS ASSOCIATION (§ 49-2-2001) › Section 49-2-2001 - General provisions

(a)
The Tennessee school boards association is recognized as the organization and representative agency of the members of school boards of this state.
(b)
(1)
The commissioner of education, the department of education, the state board of education and the boards of education of counties, cities and special school districts are authorized and empowered to cooperate with the Tennessee school boards association in its in-training programs for school board members and in encouraging and fostering cooperation among the school boards of this state.
(2)
Any board of education is authorized to become affiliated with the Tennessee school boards association.
(3)
The various boards of education are authorized to use the organization of the Tennessee school boards association in coordinating the policies, control and management of the schools under their respective jurisdictions.
(c)
Membership dues and necessary traveling expenses of school board members and directors of schools incurred in attending meetings of the Tennessee school boards association may be paid as other expenses are paid by boards of education.
(d)
The Tennessee school boards association is authorized to receive funds in the form of dues from its members and contributions from individuals, organizations and agencies for the purposes of carrying on its program.
Acts 1953, ch. 72, §§ 1-3 (Williams, §§ 2330.2-2330.4); T.C.A. (orig. ed.), §§ 49-501 -- 49-504.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 3 - FINANCES (§§ 49-3-101 — 49-3-2003) › Part 1 - TENNESSEE INVESTMENT IN STUDENT ACHIEVEMENT (§§ 49-3-101 — 49-3-115) › Section 49-3-101 - Short title

This part is known and may be cited as the "Tennessee Investment in Student Achievement Act."
Added by 2022 Tenn. Acts, ch. 966, s 1, eff. 7/1/2023.
Code 1955, § 49-601; Acts 1972, ch. 693, § 3; T.C.A., § 49-601.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 3 - FINANCES (§§ 49-3-101 — 49-3-2003) › Part 1 - TENNESSEE INVESTMENT IN STUDENT ACHIEVEMENT (§§ 49-3-101 — 49-3-115) › Section 49-3-102 - General provisions

(a)
The state school fund consists of all funds appropriated or allocated from the state treasury for the operation and maintenance of the public schools or that may derive from any state taxes, the proceeds of which are devoted to public school purposes.
(b)
The state school fund must be administered and distributed in accordance with the applicable provisions of this title, or, if not controlled in the provisions of this title, then in accordance with the provisions of the general appropriations act that may be applicable.
(c)
Notwithstanding §§
49-3-105
- 49-3-109 or any other law to the contrary, the changes in education funding implemented pursuant to this part are subject to and must be implemented only in accordance with funding as approved by the general assembly in the general appropriations act or other legislative act passed by the general assembly.
Added by 2022 Tenn. Acts, ch. 966, s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 3 - FINANCES (§§ 49-3-101 — 49-3-2003) › Part 1 - TENNESSEE INVESTMENT IN STUDENT ACHIEVEMENT (§§ 49-3-101 — 49-3-115) › Section 49-3-103 - Tennessee investment in student achievement formula established

(a)
The Tennessee investment in student achievement formula (TISA) is a student-based funding formula established as the system for funding education for kindergarten through grade twelve (K-12) public schools. The TISA is established to support the following goals:
(1)
Empowering each student to read proficiently by third grade and each grade thereafter;
(2)
Preparing each high school graduate to succeed in the postsecondary program or career of the graduate's choice; and
(3)
Providing each student with the resources needed to succeed, regardless of the student's individual circumstances.
(b)
The department shall implement the TISA beginning with the 2023-2024 school year.
(c)
The funding described in this part must be allocated in accordance with this part and with rules promulgated by the department in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(d)
By July 1, 2023, and by each July 1 thereafter, the department shall create and publish a TISA guide outlining the department's procedures for administering the TISA. At a minimum, the TISA guide must:
(1)
Identify the data that the department must receive from each LEA for purposes of administering the TISA;
(2)
Explain how and when the data identified pursuant to subdivision (d)(1) must be submitted to the department;
(3)
Explain how an LEA may dispute an alleged error in an allocation made to the LEA;
(4)
State that pursuant to §
49-3-108(h)
, the comptroller shall not approve a local government budget that fails to include the local contribution; and
(5)
Identify each LEA that qualifies as a sparse district or a small district.
Added by 2022 Tenn. Acts, ch. 966, s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 3 - FINANCES (§§ 49-3-101 — 49-3-2003) › Part 1 - TENNESSEE INVESTMENT IN STUDENT ACHIEVEMENT (§§ 49-3-101 — 49-3-115) › Section 49-3-106 - Student outcome incentives

(a)
Subject to available appropriations, the department shall allocate student-generated outcome incentive dollars to an LEA based on the achievement of member students in the LEA's public schools.
(b)
An LEA may receive student-generated outcome incentive dollars if the member students in the LEA's public schools achieve the outcome goals established by the department. The department shall establish outcome goals by rule in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Before the department begins the rulemaking process, the department shall submit the proposed outcome goals to the state board. The state board shall issue a positive, neutral, or negative recommendation for the proposed outcome goals. The state board's recommendation for the proposed outcome goals must be included in the filing of the rule with the office of the secretary of state.
(c)
The department shall allocate available appropriations for student-generated outcome incentive dollars to LEAs in direct proportion to the number of outcome incentive dollars generated by students who are members in each of the LEA's public schools, relative to the total number of outcome incentive dollars generated by all Tennessee public school students.
(d)
Funding allocations made pursuant to subsections (a)-(c) are based on the data collected for the LEA during the immediately preceding school year.
(e)
Funds allocated pursuant to this part that remain unexpended at the end of a fiscal year shall not revert to the general fund but must be used to supplement future allocations of outcome incentive dollars pursuant to this section.
(f)
The commissioner shall convene a group of individuals with relevant experience or expertise to advise the commissioner regarding outcome incentive dollars and outcome goals. The group must consist of:
(1)
Three (3) directors of schools, one (1) selected from an LEA located:
(A)
In an urban area in this state;
(B)
In a suburban area in this state; and
(C)
In a rural area in this state;
(2)
One (1) teacher;
(3)
The chair of the:
(A)
Education committee of the senate;
(B)
Education administration committee of the house of representatives; and
(C)
Education instruction committee of the house of representatives;
(4)
The chair of the state board of education;
(5)
One (1) parent of a student enrolled in a Tennessee public school;
(6)
One (1) resident of this state;
(7)
One (1) private business leader in this state; and
(8)
One (1) member of a local school board.
Added by 2022 Tenn. Acts, ch. 966, s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 3 - FINANCES (§§ 49-3-101 — 49-3-2003) › Part 1 - TENNESSEE INVESTMENT IN STUDENT ACHIEVEMENT (§§ 49-3-101 — 49-3-115) › Section 49-3-107 - Fast-growth stipends

(a)
Subject to available appropriations, stipends must be allocated pursuant to this section. Funds appropriated for the purposes of this section must first be allocated pursuant to subsection (b). If the funds appropriated for the purposes of this section exceed the amount required to fund stipends pursuant to subsection (b), then the excess funds must next be allocated pursuant to subsection (c). If the funds appropriated for the purposes of this section exceed the amount required to fund stipends pursuant to subsections (b) and (c), then the percentage in subsection (b) may be lowered to ensure that all funds appropriated are allocated and disbursed to LEAs.
(b)
An LEA that experiences growth in the total allocation generated by students in non-virtual schools in the LEA pursuant to §
49-3-105
in the current year in excess of one and one-quarter percent (1.25%), as compared to the prior year, is eligible for a fast-growth stipend equal to the increase in allocations in excess of one and one-quarter percent (1.25%). If the funds appropriated for purposes of this section are insufficient to provide for an LEA's fast-growth stipend, then the commissioner shall apply a pro rata reduction to the stipend amount each LEA is otherwise eligible to receive.
(c)
Subject to available appropriations, an LEA that experiences ADM growth in non-virtual schools exceeding two percent (2%) for each year of a three-consecutive-year period is eligible for an infrastructure stipend. The infrastructure stipend is a per-student flat dollar amount based on the number of member students in non-virtual schools in the LEA for the current school year in excess of a two percent (2%) ADM growth in non-virtual schools from the prior year. An infrastructure stipend in a given year must be uniform for all eligible LEAs.
Added by 2022 Tenn. Acts, ch. 966, s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 3 - FINANCES (§§ 49-3-101 — 49-3-2003) › Part 1 - TENNESSEE INVESTMENT IN STUDENT ACHIEVEMENT (§§ 49-3-101 — 49-3-115) › Section 49-3-109 - State and local contributions - Determination of fiscal capacity

(a)
The state shall provide:
(1)
Seventy percent (70%) of the total funding allocation that students generate pursuant to §
49-3-105(a)(1) and (a)(2)
; and
(2)
One hundred percent (100%) of:
(A)
The total funding allocation that students generate pursuant to §
49-3-105(a)(3)
;
(B)
The total funding allocation that students generate pursuant to §
49-3-106
; and
(C)
The total funding allocated pursuant to §
49-3-107
.
(b)
The local share, which must be paid with local government funds, is the remaining thirty percent (30%) of the total funding allocation that students funded by a local government generate pursuant to §
49-3-105(a)(1) and (a)(2)
.
(c)
Each county's fiscal capacity must be determined pursuant to the fiscal capacity calculation no later than May 1 immediately preceding the school year for which students generate the total funding allocation. The annual fiscal capacity calculation, including the underlying data and the determination for each county, must be reported publicly. The fiscal capacity of a county for a school year shall not be revised after its fiscal capacity has been determined for that school year.
(d)
A county's local contribution is calculated by multiplying the county's fiscal capacity by the local share. Each local government's local contribution must be proportional to the funding allocation that students generate in the local government's jurisdiction pursuant to §
49-3-105(a)(1) and (a)(2)
.
(e)
The intent of the general assembly is to provide funding on a fair and equitable basis by recognizing the differences in the ability of local jurisdictions to raise local revenues.
(f)
If a local government fails to approve a budget that includes the local government's local contribution and maintenance of effort obligations by October 1, then the commissioner shall not distribute TISA funds to the LEA until the local government approves a budget that includes such obligations.
(g)
This part and §
49-3-314(c)
establish the minimum education funding that a local government must contribute. This part does not prohibit or limit a local government from contributing more than the local contribution required in subsection (b).
Added by 2022 Tenn. Acts, ch. 966, s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 3 - FINANCES (§§ 49-3-101 — 49-3-2003) › Part 1 - TENNESSEE INVESTMENT IN STUDENT ACHIEVEMENT (§§ 49-3-101 — 49-3-115) › Section 49-3-110 - Professional development requirements

(a)
The department shall create or procure, and make available at no cost to participants, a professional development series on the TISA. The series must include, at a minimum, an in-depth explanation of the TISA and the TISA guide, instruction on how to budget to increase student achievement, instruction on how to connect student achievement with investments in education, and instruction on how to hold decision-makers accountable for funding decisions. The department shall make the professional development series on the TISA available to the following individuals, upon their request:
(1)
Directors of schools;
(2)
School board members;
(3)
Members of a public charter school governing body;
(4)
Members and the executive director of the state board;
(5)
Members and the executive director of the Tennessee public charter school commission; and
(6)
Employees of an LEA, public charter school, the department, the state board, or the Tennessee public charter school commission who are responsible for developing, reviewing, or otherwise assisting the LEA, school, or state agency with its annual education budget.
(b)
The department shall create or procure, and make available at no cost to participants, a professional development series for LEA and public charter school employees that is tailored to the professional duties of various types of employees and includes an overview of the TISA and best practices for how an employee can maximize budget investments to increase student achievement through the employee's work. The professional development series must be available no later than January 1, 2023.
(c)
A professional development series created or procured pursuant to this section may be provided to participants virtually or in person at the discretion of the department. The department shall make all instructional materials used as part of the series publicly available on the department's website.
(d)
The department shall procure any good or service selected or approved by the department to effectuate this section competitively and in compliance with all state laws and administrative rules regarding the procurement of goods and services by state agencies, including §§
12-3-101
- 12-3-104. The department shall submit all contracts for the procurement of any good or service selected or approved by the department to effectuate this section to the fiscal review committee of the general assembly for review according to the timelines and requirements established in §
4-56-107(b)(5)(A)
.
Added by 2022 Tenn. Acts, ch. 966, s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 3 - FINANCES (§§ 49-3-101 — 49-3-2003) › Part 1 - TENNESSEE INVESTMENT IN STUDENT ACHIEVEMENT (§§ 49-3-101 — 49-3-115) › Section 49-3-111 - TISA reporting

(a)
Each LEA must have the opportunity to provide feedback and recommendations regarding the TISA to the department and the comptroller of the treasury, on a template prescribed by the department, by November 1, 2024, and each November 1 thereafter.
(b)
By January 15, 2025, and each January 15 thereafter, the department shall deliver a TISA report to the members of the general assembly that contains, at a minimum:
(1)
An academic analysis of each LEA;
(2)
The accountability report cards for each LEA;
(3)
An executive summary of the feedback and recommendations provided by LEAs pursuant to subsection (a); and
(4)
Reviews of the TISA by relevant experts, including a cost review and recommendations.
(c)
The department shall make the report generated pursuant to subsection (b) publicly available on the department's website.
(d)
The comptroller of the treasury, through the comptroller's office of research and education accountability, shall review and study the TISA to determine the effectiveness of state expenditures on kindergarten through grade twelve (K-12) education. By December 31, 2024, the comptroller shall report the conclusions of the study and any legislative recommendations to the speakers of the senate and house of representatives and to the members of the education committee of the senate and the education administration committee of the house of representatives.
Added by 2022 Tenn. Acts, ch. 966, s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 3 - FINANCES (§§ 49-3-101 — 49-3-2003) › Part 1 - TENNESSEE INVESTMENT IN STUDENT ACHIEVEMENT (§§ 49-3-101 — 49-3-115) › Section 49-3-113 - TISA review committee

Beginning on January 1, 2026, the state board shall establish a review committee for the TISA. The committee must be comprised of the executive director of the state board, the commissioner of education, the commissioner of finance and administration, the comptroller of the treasury, the director of the Tennessee advisory commission on intergovernmental relations, the chair of the education committee of the senate, the chair of the education administration committee of the house of representatives, and the director of the office of legislative budget analysis, or the director's designee. The state board shall appoint at least one (1) member from each of the following groups to serve on the TISA review committee: teachers, school boards, directors of schools, county governments, municipal governments that operate LEAs, finance directors of urban school systems, finance directors of suburban school systems, and finance directors of rural school systems. The TISA review committee shall meet at least four (4) times per year and shall regularly review the TISA base funding, weighted allocations, direct allocations, and outcome incentive dollars, as well as identify any needed revisions, additions, or deletions to the TISA. The TISA review committee shall prepare an annual report on the TISA and shall provide the report, on or before November 1 of each year, to the governor, the state board of education, the finance, ways and means committees of the senate and the house of representatives, the education committee of the senate, and the education administration committee of the house of representatives. The report must include recommendations on needed revisions, additions, and deletions to the TISA, as well as an analysis of instructional salary disparity among LEAs, including an analysis of disparity in benefits and other compensation among LEAs.
Added by 2022 Tenn. Acts, ch. 966, s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 3 - FINANCES (§§ 49-3-101 — 49-3-2003) › Part 1 - TENNESSEE INVESTMENT IN STUDENT ACHIEVEMENT (§§ 49-3-101 — 49-3-115) › Section 49-3-114 - Progress review board

(a)
Beginning on July 1, 2023, there is created a progress review board. The progress review board consists of:
(1)
The commissioner of education;
(2)
The chair of the state board of education;
(3)
Two (2) members appointed by the speaker of the senate; and
(4)
Two (2) members appointed by the speaker of the house of representatives.
(b)
Appointed members of the progress review board serve a term of two (2) years. If a member no longer meets the qualifications for the member's position on the board, then the member's position on the board is vacated.
(c)
(1)
The board shall set an LEA's minimum goal to increase the LEA's third grade student-performance level rating of "on track" or "mastered" on the English language arts (ELA) portion of the Tennessee comprehensive assessment program (TCAP) tests by fifteen percent (15%) of the gap to seventy percent (70%) proficient in three (3) years, beginning with the results of the 2022-2023 TCAP tests; provided, that this subdivision (c)(1) does not apply to an LEA with seventy percent (70%) or more of the third grade students in the LEA achieving a performance level of "on track" or "mastered" on the ELA portion of the TCAP tests. The board shall notify each LEA of the goal established pursuant to this subdivision (c)(1).
(2)
The board shall annually review each accountability report submitted pursuant to §
49-3-112(a)
to determine if an LEA is taking the proper steps to achieve the goal established pursuant to subdivision (c)(1).
(3)
If, at the end of a three-year period as described in subdivision (c)(1), the board verifies that an LEA does not meet a goal established pursuant to subdivision (c)(1), then the board shall determine if further action is necessary based upon whether the LEA is taking the proper steps to achieve the goal as reviewed pursuant to subdivision (c)(2). If the board determines further action is necessary, then the board shall recommend that the commissioner of education require the LEA to complete training in addition to the requirements of §
49-3-110
on how to budget to increase student achievement based upon the goal set pursuant to subdivision (c)(1). If the board makes a recommendation described in this subdivision (c)(3), then the commissioner may require the LEA to complete training in addition to the training required in §
49-3-110
.
Added by 2022 Tenn. Acts, ch. 966, s 1, eff. 7/1/2023.