2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 5 - PERSONNEL (§§ 49-5-101 — 49-5-5704) › Part 1 - QUALIFICATIONS GENERALLY (§§ 49-5-101 — 49-5-115) › Section 49-5-106 - Temporary teaching permits - Limited license to continue teaching pursuant to current temporary permit

(a)
(1)
After a director of schools or a director of a public charter school notifies the director's local board of education or the governing body of the director's public charter school, as applicable, that the LEA or public charter school is unable to secure a qualified teacher with a valid license for the type and kind of school in which a vacancy exists, the director of schools or the director of the public charter school may certify same to the commissioner of education. Upon the commissioner's receipt of the certification, the commissioner may grant, on behalf of the state board of education, under conditions prescribed in the state board's rules, a temporary permit to teach in the unfilled position to a person recommended by the director of schools or the director of the public charter school, as applicable, and who is approved by the commissioner. The temporary permit is valid only until June 30 following the date of the permit's issuance.
(2)
When determining whether to issue a temporary teaching permit to allow a person to teach a course for which an end-of-course examination is required, the commissioner shall consider the following information:
(A)
The availability of other faculty or staff who are qualified to teach the course for which an end-of-course examination is required;
(B)
The timing of the vacancy in relation to the LEA's or public charter school's school calendar, such as whether the vacancy occurs during the LEA's or public charter school's school calendar or in between academic years; and
(C)
In cases where a vacancy for a course requiring an end-of-course examination occurs outside of the LEA's or public charter school's school calendar, the commissioner shall also consider an LEA's or public charter school's efforts to advertise the vacancy.
(3)
An individual who is issued a temporary teaching permit to teach a course for which an end-of-course examination is required must be assigned a mentor teacher by the director of schools or the director of the public charter school.
(b)
Notwithstanding subsection (a), the commissioner shall not grant a person, on behalf of the state board, a temporary permit to teach:
(1)
[Deleted by 2024 amendment];
(2)
A special education course; or
(3)
[Deleted by 2024 amendment].
(c)
A local board of education or the governing body of a public charter school may contract with a teacher holding a permit, but not holding a valid license, but only for the period of time during which the local board of education or the governing body of the public charter school is unable to secure a qualified teacher with a valid license for the type and kind of school.
(d)
It is the intent of the general assembly to urge local boards of education and the boards' respective directors of schools, and governing bodies of public charter schools and the respective directors for each of the governing bodies' public charter schools, to make every effort to staff kindergarten through grade twelve (K-12) teaching positions with personnel fully licensed and endorsed for such grades.
(e)
A director of schools or a director of a public charter school who learns of the conviction of a teacher holding a temporary permit who is employed by the LEA or public charter school, respectively, for any offense listed in §
49-5-417(a)
shall report the conviction to the state board of education. The state board shall set the time frame within which a director of schools or a director of a public charter school must report a conviction of a teacher holding a temporary permit. The state board may specify other offenses for which a director of schools or a director of a public charter school is required to report to the state board upon learning of a conviction of a teacher holding a temporary permit for any such offense.
(f)
A director of schools or a director of a public charter school shall report to the state board teachers holding a temporary permit who are employed by the LEA or public charter school, respectively, who have been suspended or dismissed, or who have resigned, following allegations of conduct, including sexual misconduct, which, if substantiated, would warrant consideration for disciplinary action under state board rules. As used in this subsection (f), "sexual misconduct" has the same meaning as defined in §
49-5-417(c)(5)
.
(g)
(1)
Notwithstanding §
49-6-6006
or any law to the contrary, upon the request of a director of schools or the director of a public charter school, the commissioner of education may issue an endorsement exemption to a teacher in accordance with state board rules or a temporary permit to a person in accordance with subsection (a) to teach any course or subject area, except for special education courses, for the 2021-2022 school year. A director of schools or the director of a public charter school who applies for an endorsement exemption or temporary permit for a person to teach in the 2021-2022 school year shall certify to the commissioner that the LEA or public charter school is unable to secure a qualified teacher for the course or subject area. An endorsement exemption or temporary permit issued pursuant to this subsection (g) is valid only for the 2021-2022 school year.
(2)
Notwithstanding §
49-6-6006
or any other law to the contrary, upon the request of a director of schools or the director of a public charter school, as applicable, the commissioner of education may issue an endorsement exemption to a teacher to teach any course or subject area, except a physical education class required under §
49-6-1021(e)
or a special education course, for the 2022-2023 and 2023-2024 school years.
(3)
Notwithstanding §
49-6-6006
, subdivision (b)(3), or any other law to the contrary, the commissioner of education may renew a temporary permit issued to an individual pursuant to subdivision (g)(1) for the 2022-2023 and 2023-2024 school years, except that a teaching permit issued pursuant to subdivision (g)(1) for a physical education class required under §
49-6-1021(e)
shall not be renewed.
(4)
At the end of each of the 2021-2022, 2022-2023, and 2023-2024 school years, the department of education shall report to the education committee of the senate and the education administration committee of the house of representatives the number of endorsement exemptions and temporary permits that were requested for the respective school year pursuant to this subsection (g) and the number of endorsement exemptions and temporary permits issued pursuant to this subsection (g).
(h)
(1)
Notwithstanding any other law to the contrary, except as provided in subdivision (h)(3), a teacher holding the teacher's second or third teaching permit may apply to the department of education for a limited license to continue teaching the course or subject area taught pursuant to the teacher's current temporary permit. The department shall approve a teacher's application for a limited license to continue teaching the course or subject area taught pursuant to the teacher's temporary permit if the teacher:
(A)
Holds a valid temporary teaching permit;
(B)
Earned a level of overall effectiveness score of "above expectations" or "significantly above expectations" on the teacher's most recent evaluation pursuant to §
49-1-302
;
(C)
Provides a recommendation from the director of schools or from the director of the public charter school at which the teacher taught pursuant to the teacher's temporary permit recommending that the teacher receive a limited license with the endorsement issued pursuant to the teacher's temporary permit; and
(D)
Agrees, in writing, to begin a pathway approved by the state board for transitioning educators from a limited license to a practitioner license.
(2)
Limited licenses are valid for two (2) school years and are not renewable.
(3)
A teacher who holds a temporary permit issued pursuant to this section shall not receive a limited license to teach:
(A)
[Deleted by 2024 amendment];
(B)
A course for which an end-of-course examination is required, in accordance with §
49-6-6006
; or
(C)
A special education course.
(4)
The state board of education shall promulgate rules to effectuate the purposes of this act in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, including rules to establish:
(A)
Requirements for limited licensure issuance in addition to the requirements of this section; and
(B)
A pathway for a teacher who possesses a limited license to obtain a practitioner license that includes rules to establish:
(i)
Minimum requirements for coursework provided by an educator preparation provider or a provider approved by both the department of education and the state board of education that is focused on foundational pedagogical skills, including foundational literacy skills in accordance with the Tennessee Literacy Success Act, compiled in chapter 1, part 9 of this title;
(ii)
Benchmarks for teachers who possess a limited license to show that the teacher has met the state board's expectations for adequate content knowledge in the subject area taught by the teacher;
(iii)
Requirements for teachers who possess a limited license to receive support from a highly effective clinical mentor; and
(iv)
Professional assessment requirements.
(i)
(1)
After a director of schools or a director of a public charter school notifies the director's local board of education or the governing body of the director's public charter school, as applicable, that the LEA or public charter school is unable to secure a qualified occupational educator with a valid occupational teaching license for a course of study in which a vacancy exists, the director of schools or the director of the public charter school may certify the same to the commissioner of education.
(2)
Upon the commissioner's receipt of the certification described in subdivision (i)(1), the commissioner may grant, on behalf of the state board of education, under conditions prescribed in the state board's rules, a temporary permit to teach in the unfilled position to a person recommended by the director of schools or the director of the public charter school, who:
(A)
Does not hold a bachelor's degree or an active industry license or credential, including those issued by another state, for the area of endorsement, as defined by the department of education, but who has a minimum of five (5) years of relevant work experience, completed within the last ten (10) years, or three (3) years of relevant work experience, completed within the last five (5) years, in the area of endorsement or equivalent educational attainment, as defined by the department of education; or
(B)
Is an honorably discharged veteran of the armed forces, who has a minimum of five (5) years of relevant work experience, completed within the last ten (10) years, or three (3) years of relevant work experience, completed within the last five (5) years, in the area of endorsement or equivalent educational attainment, as defined by the department of education. As used in this subdivision (i)(2)(B), "work experience" includes, but is not limited to, military service, training, and experience.
(3)
A temporary permit issued pursuant to this subsection (i) is valid only until June 30 immediately following the date of the permit's issuance and is not renewable. An individual may only be issued one (1) temporary permit under this subsection (i).
(j)
Notwithstanding §
49-6-1021(e)(3)
, upon the request of a director of schools or the director of a public charter school, the commissioner of education may issue an endorsement exemption to a teacher, in accordance with state board rules, to teach a physical education class required under §
49-6-1021(e)
to elementary school students. A director of schools or the director of a public charter school who applies for an endorsement exemption to teach in accordance with this subsection (j) shall certify to the commissioner that the LEA or public charter school is unable to secure a qualified teacher for the physical education class. An endorsement exemption issued pursuant to this subsection (j) is valid only until June 30 following the date of the permit's issuance.
(k)
The department of education shall report to the education committee of the senate and the education committees of the house of representatives the number of temporary teaching permits that were requested and granted for individuals to teach courses for which an end-of-course examination is required for the 2024-2025 school year, the 2025-2026 school year, and the 2026-2027 school year, respectively, by July 1, 2027.
Amended by 2024 Tenn. Acts, ch. 876,s 3, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 876,s 2, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 876,s 1, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 843,s 2, eff. 5/1/2024.
Amended by 2024 Tenn. Acts, ch. 843,s 1, eff. 5/1/2024.
Amended by 2023 Tenn. Acts, ch. 311, s 1, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 1141, s 2, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 280, s 1, eff. 4/28/2023.
Amended by 2022 Tenn. Acts, ch. 1093, s 1, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 932, Secs.s 2, s 3 eff. 4/29/2022.
Amended by 2021 Tenn. Acts, ch. 326, s 1, eff. 5/4/2021.
Amended by 2021 Tenn. Acts, ch. 211, s 1, eff. 4/22/2021.
Acts 1951, ch. 106, § 1 (Williams, § 2360); modified; Acts 1957, ch. 141, § 1; 1974, ch. 654, § 55; T.C.A. (orig. ed.), § 49-1234; Acts 1984, ch. 594, § 1; 1987, ch. 308, § 17; 2008 , ch. 996, § 1.