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 2 - BOARDS OF EDUCATION (§§ 49-2-201 — 49-2-214) › Section 49-2-214 - Authority to open or close school to in-person learning and instruction during state of emergency

(a)
During an emergency as defined in §
58-2-101
, local boards of education may consult with the state and local health departments when determining whether to open or close a school to in-person learning and instruction.
(b)
Notwithstanding an executive order issued by the governor or an order issued by a local health board or other public health official, a local board of education has the sole authority to open or close a school to in-person learning and instruction during an emergency as defined in §
58-2-101
. A local board of education may delegate the authority to open or close a school to in-person learning and instruction to the director of schools.
(c)
Notwithstanding subsection (b), during an emergency as defined in §
58-2-101
, if the governor issues an executive order with statewide applicability that requires schools to be open for in-person learning and instruction, then the executive order supersedes the authority granted in subsection (b).
Added by 2021 Tenn. Acts, ch. 96, s 1, eff. 4/7/2021.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 3 - COUNTY ADMINISTRATION (§§ 49-2-301 — 49-2-305) › Section 49-2-304 - Teaching supervisors

(a)
Directors of schools may employ one (1) or more supervisors for the supervision of teaching in grades one through twelve (1-12), or any combination of these grades, in the respective school systems.
(b)
Any person employed as supervisor for the supervision of teaching shall have a license of qualification issued by the state board of education. The state board of education, in its discretion, may waive the requirement as to supervisors who were employed and serving in that capacity in nonequalizing local school districts as of January 1, 1957.
(c)
This section does not apply to an innovative school district as defined in § 49-81502.
Amended by 2024 Tenn. Acts, ch. 1053,s 15, eff. 5/28/2024, app. to the 2024-2025 school year and each school year thereafter.
Acts 1925, ch. 115, § 7; Shan. Supp., § 1487a45; Code 1932, § 2334; Acts 1957, ch. 138, § 1; 1974, ch. 654, § 48; T.C.A. (orig. ed.), § 49-1010; Acts 1992, ch. 535, § 50; 1992, ch. 657, §§ 5, 6.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 3 - COUNTY ADMINISTRATION (§§ 49-2-301 — 49-2-305) › Section 49-2-305 - Development and adoption of program to promote involvement of parents and guardians

(a)
The LEA, in consultation with parents, teachers and administrators, shall develop and adopt a policy to promote the involvement of parents and guardians of children enrolled in the schools within the school district. The plan shall be submitted to the commissioner of education as part of the district's school improvement plans and shall be consistent with the Tennessee parent/family involvement policy of the state board of education. The plan shall include:
(1)
A plan for parent participation in the schools which is designed to improve parent and teacher cooperation in such areas as homework, attendance, discipline, and planning for higher education opportunities for students; and
(2)
Procedures by which parents may learn about the course of study for their children and have access to all learning materials.
(b)
The policy adopted by the LEA pursuant to this section may also include the following components:
(1)
A plan by which parents will be made aware of the district's parental involvement policy and this section, including:
(A)
Rights under the Family Educational Rights and Privacy Act of 1974 (
20 U.S.C. § 1232
et seq.), relating to access to children's official records; and
(B)
Information through which parents may access LEA policies and curriculum;
(2)
Efforts to encourage the development of parenting skills;
(3)
The communication to parents of techniques designed to assist the child's learning experience in the home;
(4)
Efforts to encourage access to community and support services for children and families;
(5)
The promotion of communication between the school and parents concerning school programs and the academic progress of the parents' children;
(6)
Identifying opportunities for parents to participate in and support classroom instruction in the school, including:
(A)
Organizing fundraising initiatives;
(B)
Volunteering as a field trip chaperone;
(C)
Assisting in the library, computer lab or on the playground;
(D)
Offering after school clubs; and
(E)
Recycling clothes;
(7)
Efforts to support parents as shared decision-makers and to encourage membership on school advisory committees;
(8)
The recognition of the diversity of parents and the development of guidelines that promote widespread parental participation and involvement in the school at various levels;
(9)
The development of preparation programs and specialized courses for certified employees and administrators that promote parental involvement; and
(10)
The development of strategies and programmatic structures at schools to encourage and enable parents to participate actively in their children's education.
(c)
For the purposes of this section, "parent" means the parent, guardian, person who has custody of the child or individual who has caregiving authority under §
49-6-3001
.
Acts 2004, ch. 706, § 1; 2008 , ch. 1097, § 1; 2010 , ch. 878, § 1.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 4 - MUNICIPAL SCHOOLS (§§ 49-2-401 — 49-2-406) › Section 49-2-401 - Municipal school tax

(a)
Every incorporated municipality is empowered, through its governing board, to submit a proposition to the qualified voters to levy and collect a school tax, not exceeding the tax levied by the state for state purposes, on each one hundred dollars ($100) of the taxable property of the city or town submitting the proposition.
(b)
If two-thirds (2/3) of the qualified voters voting at the election vote for the tax, then the tax shall be levied and collected for the purpose of establishing a system of common schools in the city or town.
(c)
No tax shall be levied and collected in the municipality for and in any year unless the county in which the municipality is situated fails or refuses, on or before the April term of each year, to levy a county tax for common school purposes. Nothing in this section shall be construed to prohibit any municipality from levying a school tax additional to the county school tax.
Acts 1872, ch. 12, §§ 1, 2, 5; Shan., §§ 1973, 1974, 1977; mod. Code 1932, §§ 3385, 3386, 3389; T.C.A. (orig. ed.), §§ 49-301 -- 49-303.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 4 - MUNICIPAL SCHOOLS (§§ 49-2-401 — 49-2-406) › Section 49-2-402 - Control of municipal schools

The board of each municipality voting for and collecting the tax provided for in §
49-2-401
shall have exclusive control and management over such common schools.
Acts 1872, ch. 12, § 3; Shan., § 1975; mod. Code 1932, § 3387; T.C.A. (orig. ed.), § 49-304.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 4 - MUNICIPAL SCHOOLS (§§ 49-2-401 — 49-2-406) › Section 49-2-403 - State funding

All municipalities establishing common schools under this part shall be entitled to receive their proportions of the general school fund of the state, to be applied with the fund collected under §§
49-2-401
and
49-2-402
.
Acts 1872, ch. 12, § 4; Shan., § 1976; mod. Code 1932, § 3388; T.C.A. (orig. ed.), § 49-305.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 4 - MUNICIPAL SCHOOLS (§§ 49-2-401 — 49-2-406) › Section 49-2-404 - Charter powers

Cities and incorporated towns operating systems of public schools under provisions of their respective charters and levying an additional elementary school tax for operating expenses other than for grounds, buildings and equipment are empowered to continue the operation of the system of public schools under their respective charters; provided, that no transfer of children between city and county schools shall be made except by agreement between the respective boards of education.
Acts 1925, ch. 115, § 15; Shan. Supp., § 1487a103; Code 1932, § 2394; T.C.A. (orig. ed.), § 49-306.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 4 - MUNICIPAL SCHOOLS (§§ 49-2-401 — 49-2-406) › Section 49-2-405 - Use of school buildings and property

(a)
The boards of education of the respective municipalities shall have the right to permit municipal school buildings and municipal school property to be used for public, community or recreational purposes under such rules, regulations and conditions as may be prescribed from time to time by the boards of education; provided, that this right shall not extend to the use of the school buildings and property for private profit.
(b)
No such board of education, whether incorporated or unincorporated, and no member of any such boards of education, or other municipal or county school official, shall be held liable in damages for any injury to person or property resulting from the use of school buildings or property authorized by subsection (a).
Acts 1947, ch. 142, §§ 1, 2; mod. C. Supp. 1950, §§ 2397.1, 2397.2 (Williams, § 2496.1); Acts 1955, ch. 287, § 1; T.C.A. (orig. ed.), §§ 49-307, 49-308.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 4 - MUNICIPAL SCHOOLS (§§ 49-2-401 — 49-2-406) › Section 49-2-406 - Reports to state

Each director of schools or local board of education shall make all reports required by the commissioner of education.
Amended by 2021 Tenn. Acts, ch. 493, s 11, eff. 5/25/2021.
Acts 1925, ch. 115, § 15; Shan. Supp., § 1487a104; Code 1932, § 2395; T.C.A. (orig. ed.), § 49-309.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 5 - SPECIAL SCHOOL DISTRICTS (§§ 49-2-501 — 49-2-504) › Section 49-2-503 - Disposition of special school district funds

(a)
The county trustees of the several counties of this state are authorized to pay over to the county board of education of their respective counties any balance of funds in the hands of the trustees that have been derived from special school district taxes, when and if the law or laws creating the special school district have been repealed.
(b)
When any funds have been paid over to the county board of education under subsection (a), the funds shall be applied and expended by the county board of education only in accord with the limitations and provisions of §§
49-2-502
and
49-2-1002
.
Acts 1949, ch. 45, §§ 1, 2; C. Supp. 1950, §§ 2397.7, 2397.8 (Williams, §§ 2397.6, 2397.7); T.C.A. (orig. ed.), §§ 49-408, 49-409.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 5 - SPECIAL SCHOOL DISTRICTS (§§ 49-2-501 — 49-2-504) › Section 49-2-504 - Persons residing outside boundaries - Eligibility to vote

A special school district may, by legislative act, establish eligibility and procedures for nonresident property owners.
Acts 1984, ch. 950, § 1; 2001, ch. 413, § 16.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 6 - SCHOOL SUPPORT ORGANIZATION FINANCIAL ACCOUNTABILITY ACT (§§ 49-2-601 — 49-2-612) › Section 49-2-601 - Short title

This part shall be known and may be cited as the "School Support Organization Financial Accountability Act."
Acts 2007, ch. 326, § 2.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 6 - SCHOOL SUPPORT ORGANIZATION FINANCIAL ACCOUNTABILITY ACT (§§ 49-2-601 — 49-2-612) › Section 49-2-602 - Legislative intent

The general assembly recognizes the importance of school support organizations in providing financial support to help carry out academic, arts, athletic, and social programs to further educational opportunities for the children of this state. The general assembly also recognizes concerns that parents and other persons who support these organizations have in ensuring that money raised by these organizations is safeguarded by them and used to further the activities for which the money is raised. It is, therefore, the intent of the general assembly to ensure the continued support of academic, arts, athletic and social programs, which help to educate the children of this state, while also ensuring fiscal accountability of school support organizations.
Acts 2007, ch. 326, § 3.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 6 - SCHOOL SUPPORT ORGANIZATION FINANCIAL ACCOUNTABILITY ACT (§§ 49-2-601 — 49-2-612) › Section 49-2-605 - Posting or publication of recognized school support organizations - Public inspection of forms, reports or financial statements

(a)
The director of schools or the director's designee shall annually post or publish a list of organizations that have complied with §
49-2-604(b)
. This posting or publication may be made by written or electronic means. The school board shall determine the appropriate method of posting or publishing this information.
(b)
Any local board of education is authorized to develop a process to certify that an organization has been recognized as a school support organization; however, a local board of education shall not incur any liability for the recognition.
(c)
Any forms, annual reports, or financial statements required to be submitted according to the policy adopted by the board pursuant to §
49-2-604(b)
to the director of schools or the local school principal shall be open to public inspection.
Acts 2007 , ch. 326, § 6; 2008 , ch. 1156, § 5.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 6 - SCHOOL SUPPORT ORGANIZATION FINANCIAL ACCOUNTABILITY ACT (§§ 49-2-601 — 49-2-612) › Section 49-2-606 - Collection of money

(a)
Any individual who collects or receives any student activity or other internal school funds shall turn over to the properly designated school official or employee all student activity or other internal school funds. The funds shall be considered student activity or other internal school funds for the purpose of §
49-2-110
. That a member of a school support organization or a person claiming to be a member of a school support organization collected the money is immaterial to the determination as to its status as student activity or other internal school funds.
(b)
A local board of education may grant the principal of a school the authority to enter into an agreement with a school support organization to operate and collect money for a concession stand or parking at a related school academic, arts, athletic, or social event on school property where any money it collects or any portion designated by the agreement shall be considered as school support group funds and not as student activity funds; provided, that:
(1)
The board has adopted a policy concerning school support organizations pursuant to §
49-2-604(b)
; and
(2)
The school support organization provides the school with the relevant collection documentation that would have been required pursuant to the manual produced under §
49-2-110
for student activity funds.
(c)
Nothing in this section diminishes the authority of a local board of education to enter into an agreement with a civic organization for the operation of concessions or parking at school sponsored events. The civic organization shall not be subject to this part.
(d)
A local board of education may grant the principal of a school the authority to enter into an agreement with a school support organization to operate a bookstore located on school grounds that makes direct sales of items to students where any money the school support organization collects or any portion designated by the agreement shall be considered as school support group funds and not as student activity funds; provided, that:
(1)
The board has adopted a policy concerning school support organizations pursuant to §
49-2-604(b)
;
(2)
One hundred percent (100%) of the profits of the operation of the bookstore are used for support of the school; and
(3)
The school support organization provides the school with the relevant collection documentation that would have been required pursuant to the manual produced under §
49-2-110
for student activity funds.
(e)
A principal may allow funds raised by fundraisers conducted by a school support organization outside the school day and involving students to be collected during the school day by the school support organization. The funds shall be school support organization funds; provided, that school employees are not involved in the accounting of the funds and the funds are turned in using sealed envelopes.
Acts 2007 , ch. 326, § 7; 2008 , ch. 1156, § 6.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 6 - SCHOOL SUPPORT ORGANIZATION FINANCIAL ACCOUNTABILITY ACT (§§ 49-2-601 — 49-2-612) › Section 49-2-607 - Disbursement of donations

(a)
Donations to a board of education shall be received and disbursed in accordance with §
49-6-2006
.
(b)
In addition to any requirements established by §
49-6-2006(a)
, the following specific conditions shall apply:
(1)
Any donation made by a school support organization to a board of education or school shall be disbursed only in accordance with any written conditions that the school support organization may place upon the disbursement of the funds and shall be in accordance with the goals and objectives of the school support organization;
(2)
School support organization funds that are donated to an individual school shall not be considered as student activity funds. These funds shall be considered instead as internal school funds from the point of their donation to the respective school; and
(3)
Any disbursements of donated funds by a school official or employee shall be made in accordance with any relevant federal, state, or local government laws, including any relevant purchasing laws or requirements of the accounting policy manual produced according to §
49-2-110(e)
.
Acts 2007 , ch. 326, § 8.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 6 - SCHOOL SUPPORT ORGANIZATION FINANCIAL ACCOUNTABILITY ACT (§§ 49-2-601 — 49-2-612) › Section 49-2-608 - Prohibited actions

A nongovernmental group or organization, including all school support organizations, may not:
(1)
Use the school's or school district's sales tax exemption to purchase items;
(2)
Represent or imply that its activities, contracts, purchases, or financial commitments are made on behalf of or binding upon any school or school district;
(3)
Use school support organization funds for a purpose other than purposes related to the goals and objectives of the school support organization that relate to supporting a school district, school, school club or school academic, arts, athletic or social activity; or
(4)
Maintain or operate a bank account that bears the employer identification number of a school board, school, or any other school related governmental entity. From July 1, 2007, any funds deposited into the bank account shall be presumed to be a donation to the entity whose employer identification number is used and shall be treated as student activity funds.
Acts 2007, ch. 326, § 9.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 6 - SCHOOL SUPPORT ORGANIZATION FINANCIAL ACCOUNTABILITY ACT (§§ 49-2-601 — 49-2-612) › Section 49-2-609 - Audit

A school support organization or any group or organization that collects and raises money, materials, property or securities while representing itself to be a school support organization shall be subject to audit by the office of the comptroller of the treasury.
Acts 2007, ch. 326, § 10.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 6 - SCHOOL SUPPORT ORGANIZATION FINANCIAL ACCOUNTABILITY ACT (§§ 49-2-601 — 49-2-612) › Section 49-2-610 - Development of model financial policy

The office of the comptroller of the treasury is authorized to adopt a model financial policy for school support organizations.
Acts 2007, ch. 326, § 11.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 6 - SCHOOL SUPPORT ORGANIZATION FINANCIAL ACCOUNTABILITY ACT (§§ 49-2-601 — 49-2-612) › Section 49-2-611 - Initial registration and renewal fees

Notwithstanding §
48-51-303(a)(1)
to the contrary, a school support organization that is required to register as a nonprofit organization, foundation or chartered member of a nonprofit organization or foundation by a policy adopted in accordance with this part shall be exempt from any initial registration fee by the secretary of state for the registration if the school support organization is an educational institution as defined in §
48-101-502(b)
. The school support organization shall pay any renewal fee required by the secretary of state to maintain valid annual registration as a nonprofit organization, foundation or chartered member of a nonprofit organization or foundation.
Acts 2008 , ch. 1156, § 7.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 6 - SCHOOL SUPPORT ORGANIZATION FINANCIAL ACCOUNTABILITY ACT (§§ 49-2-601 — 49-2-612) › Section 49-2-612 - Charitable school foundation

(a)
A public school or its administrators or supporters are authorized to form, or caused to be formed, a charitable school foundation for the sole purpose of supporting the school by raising and administering funds for the school and its programs. A school foundation shall be broad based in its support of the school and shall not limit its support to a single program or activity. A school foundation shall be a school support organization under this part.
(b)
To be a school foundation under this section, the foundation shall apply for and receive exemption from federal income taxation under § 501(a) of the Internal Revenue Code (
26 U.S.C. § 501(a)
), as an organization described in § 501(c)(3) of the Internal Revenue Code (
26 U.S.C. § 501(c)(3)
).
(c)
The school foundation shall be open to parents, students, faculty, staff, alumni and members of the community who are interested in supporting the school and its programs.
(d)
The bylaws of the school foundation shall require the director of schools and the principal of the school to serve as ex officio members on the foundation's board of directors.
(e)
An organization in existence on April 16, 2012, that meets the requirements of this section, on or after April 16, 2012, shall be recognized as a school foundation.
Acts 2012, ch. 747, § 1.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 7 - HIGH PERFORMING SCHOOL DISTRICTS FLEXIBILITY ACT (§§ 49-2-701 — 49-2-704) › Section 49-2-701 - Short title

This part shall be known and may be cited as the "High Performing School Districts Flexibility Act."
Added by 2013 Tenn. Acts, ch. 393, s 2, eff. 5/6/2013.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 7 - HIGH PERFORMING SCHOOL DISTRICTS FLEXIBILITY ACT (§§ 49-2-701 — 49-2-704) › Section 49-2-702 - Part definitions - Criteria considered when calculating whether an LEA is eligible to be declared a high performing school district

(a)
As used in this part, unless the context otherwise requires:
(1)
"Department" means the department of education; and
(2)
"High performing school district" means any LEA in the state that satisfies a majority of the following criteria, if applicable to that LEA, according to the state report card:
(A)
Reaches a graduation rate of ninety percent (90%) or higher;
(B)
Exhibits an average student ACT score of 21 or higher or the concordant equivalent score on the SAT or a higher score; provided, that prior to an LEA using the average student ACT or SAT score, at least thirty (30) students within the LEA or at least twenty-five percent (25%) of the graduating class, whichever is larger, took the ACT or SAT;
(C)
Exhibits a TCAP three-year average composite normal curve equivalent (NCE) score of 55 or higher;
(D)
Exhibits a TVAAS three-year average composite NCE gain of 1.75 or higher; or
(E)
Meets or exceeds achievement and gap closure annual measurable objectives and receives an exemplary or similar status from the department.
(b)
Only those criteria in the list in subdivision (a)(2) that apply to a particular LEA and are reported on the state report card shall be considered when calculating whether an LEA is eligible to be declared a high performing school district under this part. If a criterion does not apply to a particular LEA, it shall be removed from consideration for that LEA and a majority of the remaining criteria must be met. Should any of the criteria cease being reported on the state report card, the department shall designate a replacement measure for purposes of this part. An LEA scoring in the top fifteen percent (15%) of all LEAs in the state under the replacement measure shall meet that criterion.
Amended by 2017 Tenn. Acts, ch. 328,s 7, eff. 5/9/2017.
Amended by 2014 Tenn. Acts, ch. 626,s 1, eff. 7/1/2014.
Added by 2013 Tenn. Acts, ch. 393,s 3, eff. 5/6/2013.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 7 - HIGH PERFORMING SCHOOL DISTRICTS FLEXIBILITY ACT (§§ 49-2-701 — 49-2-704) › Section 49-2-703 - Designation as a high performing school district

Any LEA meeting a majority of the applicable criteria in §
49-2-102
may, by action of its local board of education, declare itself to be a high performing school district. Such designation shall be in effect beginning July 1 following the local board action. The designation shall last for three (3) years, at which time the LEA shall be eligible to declare itself a high performing school district under this part again if a majority of the criteria are met.
Added by 2013 Tenn. Acts, ch. 393, s 4, eff. 5/6/2013.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 7 - HIGH PERFORMING SCHOOL DISTRICTS FLEXIBILITY ACT (§§ 49-2-701 — 49-2-704) › Section 49-2-704 - Permitted and prohibited actions without approval when district designated as a high performing school district

(a)
A high performing school district may, during any year in which the designation is in effect, without first seeking or obtaining approval from any other state or local governmental agency or unit:
(1)
Appropriate additional funds as needed from the fund balance of self-sustaining or self-sufficient funds, including, but not limited to, the central cafeteria fund and the extended school program fund;
(2)
Utilize a teacher evaluation system which varies from the evaluation system established by the department as though a flexibility waiver had been applied for and granted to the district. Notwithstanding the foregoing, the alternative teacher evaluation system used shall comply with all rules of the state board. The high performing school district shall submit the evaluation system it plans to use to the department; and
(3)
Add educational days to that district's school calendar, so long as the minimum number of school days required by law is met.
(b)
A high performing school district, during any year in which the designation is in effect, may apply to the commissioner of education for a waiver of any state board rule, regulation or statute that inhibits or hinders the district's ability to meet its goals or comply with its mission statement. At the discretion of the commissioner the waiver may be granted, but the commissioner shall not grant a waiver where waivers are otherwise prohibited in this title, and shall not waive regulatory or statutory requirements related to:
(1)
Federal and state civil rights;
(2)
Federal, state, and local health and safety;
(3)
Federal and state public records;
(4)
Immunizations;
(5)
Possession of weapons on school grounds;
(6)
Background checks and fingerprinting of personnel;
(7)
Federal and state special education services;
(8)
Student due process;
(9)
Parental rights;
(10)
Federal and state student assessment and accountability;
(11)
Open meetings; and
(12)
At least the same equivalent time of instruction as required in regular public schools.
Added by 2013 Tenn. Acts, ch. 393,s 5, eff. 5/6/2013.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 8 - TENNESSEE ACCOMMODATIONS FOR ALL CHILDREN ACT (§§ 49-2-801 — 49-2-805) › Section 49-2-801 - Short title

This part is known and may be cited as the "Tennessee Accommodations for All Children Act."
Added by 2021 Tenn. Acts, ch. 452, s 2, eff. 7/1/2021.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 8 - TENNESSEE ACCOMMODATIONS FOR ALL CHILDREN ACT (§§ 49-2-801 — 49-2-805) › Section 49-2-802 - Part definitions

As used in this part:
(1)
"Changing facility" means an area in which a person may be in a state of undress in the presence of others, including a locker room, changing room, or shower room;
(2)
"Reasonable accommodation" includes, but is not limited to, access to a single-occupancy restroom or changing facility or use of an employee restroom or changing facility. "Reasonable accommodation" does not include the following:
(A)
Access to a restroom or changing facility that is designated for use by members of the opposite sex while members of the opposite sex are present or could be present;
(B)
Requesting that a school construct, remodel, or in any way perform physical or structural changes to a school facility; or
(C)
Requesting that a school limit access to a restroom or changing facility that is designated for use by members of the opposite sex, if limiting access results in a violation of state or local building codes or standards;
(3)
"Restroom" means a facility that includes one (1) or more toilets or urinals; and
(4)
"Sex" has the same meaning as defined in §
1-3-105(c)
.
Amended by 2023 Tenn. Acts, ch. 486, s 2, eff. 7/1/2023.
Added by 2021 Tenn. Acts, ch. 452, s 3, eff. 7/1/2021.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 8 - TENNESSEE ACCOMMODATIONS FOR ALL CHILDREN ACT (§§ 49-2-801 — 49-2-805) › Section 49-2-803 - Reasonable accommodation for student, teacher, or employee who desires greater privacy when using multi-occupancy restroom or changing facility designated for student's, teacher's, or employee's sex

(a)
A public school shall, to the extent practicable, provide a reasonable accommodation to a student, teacher, or employee of the public school who:
(1)
Desires greater privacy when using a multi-occupancy restroom or changing facility designated for the student's, teacher's, or employee's sex and located within a public school building, or when using multi-occupancy sleeping quarters designated for the student's, teacher's, or employee's sex while the student, teacher, or employee is attending a public school-sponsored activity; and
(2)
Provides a written request for a reasonable accommodation to the school principal. If the student requesting a reasonable accommodation is under eighteen (18) years of age, then the student's parent or legal guardian must provide the written request on the student's behalf.
(b)
The school principal shall evaluate the request on behalf of the public school and, to the extent practicable, provide a reasonable accommodation. The principal shall issue a decision approving or denying the request in writing. If the principal denies the request, then the grounds for denial must be provided in the principal's written decision.
(c)
This section does not prohibit public schools from adopting policies necessary to accommodate persons protected under the Americans with Disabilities Act, (
42 U.S.C. § 12101
et seq.), or persons in need of physical assistance when using restrooms or changing facilities located in public schools.
Added by 2021 Tenn. Acts, ch. 452, s 4, eff. 7/1/2021.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 8 - TENNESSEE ACCOMMODATIONS FOR ALL CHILDREN ACT (§§ 49-2-801 — 49-2-805) › Section 49-2-804 - Appeal of denial of request for reasonable accommodation

(a)
If a written request for a reasonable accommodation is denied by the principal, then the student, teacher, or employee, or the student's parent or legal guardian, as applicable, may appeal the decision to the director of schools, or to the director's designee, by submitting a written request for an appeal to the director of schools, or the director's designee, within fifteen (15) calendar days of the individual's receipt of the principal's written decision denying their request for accommodation. The director of schools, or the director's designee, shall investigate and attempt to resolve the complaint within fifteen (15) calendar days of the director of schools', or the director's designee's, receipt of the written request for an appeal.
(b)
If a written request for a reasonable accommodation is denied by the director of schools, or the director's designee, then the student, teacher, or employee, or the student's parent or legal guardian, as applicable, may appeal the director of schools', or the director's designee's, decision by requesting a hearing on the matter before an impartial hearing officer selected by the local board of education. To appeal the director of schools', or the director's designee's, decision:
(1)
The student, teacher, or employee, or the student's parent or legal guardian, as applicable, must give written notice to the director of schools, or to the director's designee, of the individual's request for a hearing within fifteen (15) calendar days of the individual's receipt of the director of schools', or the director's designee's, decision denying the request for accommodation;
(2)
The director of schools, or the director's designee, shall name an impartial hearing officer within five (5) days following the director of schools', or the director's designee's, receipt of a request for a hearing. The impartial hearing officer shall notify all parties of the hearing officer's assignment and schedule a hearing no later than thirty (30) days following the director of schools', or the director's designee's, receipt of the individual's request for a hearing. The impartial hearing officer may conduct all or part of the hearing by telephone if each participant has an opportunity to participate by telephone;
(3)
The hearing must be conducted privately; and
(4)
The impartial hearing officer shall, within ten (10) days of the hearing's conclusion, provide a written decision to all parties.
(c)
As used in this section, "impartial" means that the selected hearing officer has no history of employment with the local board of education or the director of schools, and has no relationship with any member of the respective local board of education or with the person requesting the hearing.
Added by 2021 Tenn. Acts, ch. 452, s 5, eff. 7/1/2021.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 8 - TENNESSEE ACCOMMODATIONS FOR ALL CHILDREN ACT (§§ 49-2-801 — 49-2-805) › Section 49-2-805 - Private right of action - Monetary damages

(a)
A student, teacher, or employee of the public school, or the student's parent or legal guardian if the student is under eighteen (18) years of age, has a private right of action against the LEA or public school, if:
(1)
(A)
The student, teacher, or employee encounters a member of the opposite sex in a multi-occupancy restroom or changing facility located in a public school building;
(B)
The student, teacher, or employee is in a multi-occupancy restroom or changing facility designated for the student's, teacher's, or employee's sex at the time of the encounter; and
(C)
The LEA or public school intentionally allowed a member of the opposite sex to enter the multi-occupancy restroom or changing facility while other persons were present; or
(2)
The student, teacher, or employee is required by the public school to share sleeping quarters with a member of the opposite sex, unless the member of the opposite sex is a family member of the student, teacher, or employee.
(b)
A student, teacher, or employee, or a student's parent or legal guardian, as applicable, claiming a right of action pursuant to this section may bring suit in the chancery court in the county where the claim arose.
(c)
A student, teacher, or employee, or a student's parent or legal guardian, as applicable, aggrieved under this section who prevails in court may recover monetary damages, including, but not limited to, monetary damages for all psychological, emotional, and physical harm suffered. An individual who prevails on a claim brought pursuant to this section is entitled to recover reasonable attorney fees and costs.
(d)
This section does not limit other remedies at law or equity available to the aggrieved person against the public school.
(e)
A civil action brought pursuant to this section must be initiated within one (1) year from when the date on which the claim arose.
Added by 2021 Tenn. Acts, ch. 452, s 6, eff. 7/1/2021.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 10 - TRANSFER AND JOINT OPERATION OF SCHOOLS GENERALLY (§§ 49-2-1001 — 49-2-1002) › Section 49-2-1001 - Operation of municipal or special district schools by county

County and town boards of education and special school district boards, whenever they deem it advisable for the purpose of a more economical administration and the improvement of the efficiency of the schools, may make a contract to operate the school or schools of such town under the general supervision of the county director of schools; provided, that nothing in this section shall be construed to change the general method of distribution of county and state school funds between the county and such towns on the basis of average daily attendance as provided in this title; and provided, further, that nothing in this title shall be construed to change or repeal Chapter 160 of the Private Acts of 1915.
Acts 1925, ch. 115, § 34; Shan. Supp., § 1487a192; Code 1932, § 2515; T.C.A. (orig. ed.), § 49-401.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 11 - CONTRACTUAL JOINT OPERATION OF SCHOOLS (§§ 49-2-1101 — 49-2-1104) › Section 49-2-1101 - Contracts authorized

(a)
The boards of education of any two (2) or more school systems are authorized and empowered to establish, maintain and operate a public school or schools jointly by entering into contracts for that purpose.
(b)
Upon the execution of contracts under this part by the respective boards of education, the contracts shall be binding upon the boards of education and upon the counties, cities and special school districts involved.
(c)
In cities that are authorized by their charters to operate school systems, either the board of education or the city governing body, if the city does not have a board of education, may exercise any authorities or rights granted by parts 5 and 10-13 of this chapter, specifically including contracting with the county for operation, maintenance or improvement of schools within the city.
Acts 1957, ch. 12, § 1; 1974, ch. 654, § 39; 1983, ch. 166, § 1; T.C.A., § 49-410.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 11 - CONTRACTUAL JOINT OPERATION OF SCHOOLS (§§ 49-2-1101 — 49-2-1104) › Section 49-2-1102 - Powers of contracting boards

All schools established, maintained and operated pursuant to a contract entered into under this part shall be considered for all purposes as integral parts of the school systems of each of the counties, cities or special school districts that are parties to the contracts. The board of education of each county, city or special school district that is a party to the contract shall have the same powers with respect to the assignment, placement, expulsion, suspension and transfer of pupils residing in its respective jurisdiction in and to such schools and with respect to the employment and assignment of teachers for such schools as it may possess with respect to other schools under its supervision, control and jurisdiction, except insofar as such powers may be limited by the contract.
Acts 1957, ch. 12, § 3; T.C.A., § 49-412.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 11 - CONTRACTUAL JOINT OPERATION OF SCHOOLS (§§ 49-2-1101 — 49-2-1104) › Section 49-2-1103 - Administration of schools - Funds

(a)
The administration of schools established, maintained and operated pursuant to a contract entered into under this part may be placed under the board of education of the county, city or special school district in which the school is located; or the administration of the schools may be placed under a board of control created pursuant to the terms of the contract.
(b)
In the event a board of control is created, it shall elect its own chair and secretary and may designate as ex officio secretary the director of schools of the county, city or special school district in which the school is located. The board of control shall exercise all the administrative powers and functions with respect to the school that county boards of education are authorized to perform and exercise with respect to the operation of county schools.
(c)
The schools may be administered by such other persons and in such other manner as the terms of the contract may provide.
(d)
The county trustee or treasurer or other fiscal or disbursing officer, as the case may be, of the county, city or special school district in which the school is located, or such other disbursing officer as may be designated by the contract, shall have the same powers, rights and duties with respect to the receipt, protection and disbursement of the funds allocated to or for the use of the school as provided by law for other school funds.
Acts 1957, ch. 12, § 4; T.C.A., § 49-413.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 11 - CONTRACTUAL JOINT OPERATION OF SCHOOLS (§§ 49-2-1101 — 49-2-1104) › Section 49-2-1104 - Assistance of state officials

It is the duty of the attorney general and reporter and the commissioner of education, upon the request of any county, city or special school district or the board of education of any of those, to render advice and assistance in the preparation, execution and interpretation of contracts proposed or executed under this part.
Acts 1957, ch. 12, § 5; T.C.A., § 49-414.
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 49-2-1203 - 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 the qualifications required of a director of schools pursuant to §
49-2-301
as the chief administrative employee of the board, and to enter into an employment contract with such person for a period not to exceed five (5) years and for a compensation to be determined in the contract.
(b)
The person so employed shall be designated director of consolidated schools.
(c)
The consolidated board of education is authorized to assign to the director such duties and responsibilities as are necessarily, usually or properly assigned to a city director of schools or to a county director of schools.
Acts 1963, ch. 246, §§ 7, 7A; T.C.A., §§ 49-421, 49-422.
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 49-2-1204 - Rights of employees

(a)
(1)
Any plan of consolidation shall require continuation of a local retirement system for all officers, teachers and other employees who elect to remain in the system.
(2)
The plan shall also provide:
(A)
For continuation of the local retirement system for new officers, teachers and other employees; or
(B)
For a new retirement system or coverage under the Tennessee consolidated retirement system for all new officers, teachers and other employees and those present officers, teachers and other employees who elect to be transferred to the other system.
(b)
No plan of consolidation adopted under this part shall in any way abridge, diminish or impair any tenure right or sick leave right that an officer, teacher or other employee may have earned during service in any component system.
(c)
Any plan of consolidation shall guarantee that the salary schedule under which the teachers and other employees of a component part of any consolidated school system were employed shall continue to apply for the teachers and other employees, and no such salary schedule may be lower than it was prior to consolidation. The plan shall provide that within three (3) years after the establishment of the new consolidated school system, a new salary schedule shall be established for the consolidated school system, which shall be no lower than the highest salary schedule maintained by a component part of the system prior to the establishment of the new consolidated school system.
Acts 1963, ch. 246, § 8; T.C.A., § 49-423.
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 49-2-1205 - Transitional board

(a)
Any plan of consolidation shall provide for a transitional school board in the event the plan makes consolidation of schools effective at a date prior to September 1 next after the general election in August when members of the consolidated board of education are to be elected.
(b)
The transitional board shall be composed of all members of the boards of education of school systems consolidated under the plan of consolidation.
(c)
The transitional board shall have all powers and duties of the permanent consolidated board, except that the transitional board shall not make an employment contract with a director of consolidated schools for a period extending beyond the date when the terms of members of the consolidated board begin.
Acts 1963, ch. 246, § 9; T.C.A., § 49-424.