reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 1 - STATE ADMINISTRATION (§§ 49-1-NEW — 49-1-1208) › Part 9 - TENNESSEE LITERACY INITIATIVE ACT OF 1999 (§§ 49-1-901 — 49-1-910) › Section 49-1-903 - Part definitions

As used in this part:
(1)
"Department" means the department of education;
(2)
"Educator preparation provider" means an entity approved by the state board that is responsible for managing, operating, or coordinating programs for the preparation and licensure of teachers, school leaders, and other school personnel;
(3)
"Foundational literacy skills" means phonemic awareness, phonics, fluency, vocabulary, and comprehension;
(4)
"Foundational literacy skills instruction" means an evidence-based method of teaching students to read that includes phonemic awareness, phonics, fluency, vocabulary, and comprehension that enables students to develop the reading skills required to meet Tennessee's academic standards;
(5)
"Foundational literacy skills plan" means a proposal that details how an LEA or public charter school plans to provide foundational literacy skills instruction to students and reading interventions and supports, which may include interventions provided pursuant to Tennessee's response to instruction and intervention framework manual, to students identified as having a significant reading deficiency;
(6)
"Home literacy report" means a report provided to a student's parent by the LEA or public charter school describing the student's progress in foundational literacy skills;
(7)
"Parent" means a child's parent or guardian; a person who has custody of the child; or a person designated as the child's caregiver with the power of attorney for the care of the minor child pursuant to the Power of Attorney for Care of a Minor Child Act, compiled in title 34, chapter 6, part 3, who is authorized to enroll the child in public school pursuant to §
49-6-3001
;
(8)
"Significant reading deficiency" means:
(A)
For students in kindergarten through grade three (K-3), that a student's score on a universal reading screener is within the range of scores determined by the department to demonstrate a lack of proficiency in foundational literacy skills; and
(B)
For students in grades four (4) or five (5), that a student scored below proficient in English language arts on the Tennessee comprehensive assessment program (TCAP) test most recently administered to the student;
(9)
"State board" means the state board of education;
(10)
"Tennessee universal reading screener" means the universal reading screener provided by the department; and
(11)
"Universal reading screener" means a uniform tool that screens and monitors a student's progress in foundational literacy skills.
Added by 2021EX1 Tenn. Acts, ch. 3, s 3, eff. 2/3/2021.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 1 - STATE ADMINISTRATION (§§ 49-1-NEW — 49-1-1208) › Part 9 - TENNESSEE LITERACY INITIATIVE ACT OF 1999 (§§ 49-1-901 — 49-1-910) › Section 49-1-904 - Identification of schools with low reading scores

The department of education shall identify schools with consistently low reading scores in kindergarten through grade twelve (K-12) and assure that measures for improvement are addressed in the schools' improvement plans.
Acts 2000, ch. 911, § 1.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 1 - STATE ADMINISTRATION (§§ 49-1-NEW — 49-1-1208) › Part 9 - TENNESSEE LITERACY INITIATIVE ACT OF 1999 (§§ 49-1-901 — 49-1-910) › Section 49-1-906 - Professional development courses on foundational literacy for teachers

(a)
The department shall develop at least one (1) professional development course on foundational literacy skills instruction that is available, at no cost, to teachers in kindergarten through grade five (K-5) that may be used by teachers to earn professional development points.
(b)
By August 1, 2023, teachers in kindergarten through grade five (K-5) must complete at least one (1) professional development course on foundational literacy skills instruction approved by the department. Each LEA and public charter school shall approve professional development points, pursuant to the state board's educator licensure policies and rules, for at least one (1) department-approved literacy-based training completed by a teacher.
(c)
By August 1, 2022, the department shall develop a foundational literacy skills instruction course and accompanying instructional materials that may be used by high school students participating in a teaching-as-a-profession career pathway developed or facilitated by the department.
Added by 2021EX1 Tenn. Acts, ch. 3, s 3, eff. 2/3/2021.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 1 - STATE ADMINISTRATION (§§ 49-1-NEW — 49-1-1208) › Part 9 - TENNESSEE LITERACY INITIATIVE ACT OF 1999 (§§ 49-1-901 — 49-1-910) › Section 49-1-907 - Early grades reading report

The department of education shall annually submit to the education committee of the senate and the education committees of the house of representatives an early grades reading report. The reading report must include:
(1)
Statewide third grade reading scores;
(2)
The testing procedures used to evaluate reading proficiency;
(3)
The number of students retained in grades kindergarten through three (K-3);
(4)
The number of reading specialists in each LEA;
(5)
The types of reading intervention or enrichment programs offered in each LEA; and
(6)
Information on statewide reading initiatives.
Amended by 2021 Tenn. Acts, ch. 64, s 74, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 84, eff. 5/10/2019.
Amended by 2019 Tenn. Acts, ch. 248, s 18, eff. 5/2/2019.
Amended by 2015 Tenn. Acts, ch. 182, Secs.s 24, s 25 eff. 4/17/2015.
Amended by 2013 Tenn. Acts, ch. 236, s 26, eff. 4/19/2013.
Acts 2000, ch. 911, § 1; 2001, ch. 250, § 1; 2011 , ch. 410, § 4 (h), (i).
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 1 - STATE ADMINISTRATION (§§ 49-1-NEW — 49-1-1208) › Part 9 - TENNESSEE LITERACY INITIATIVE ACT OF 1999 (§§ 49-1-901 — 49-1-910) › Section 49-1-908 - Reporting requirement regarding analysis of literacy, literacy instruction and affordability of educator preparation providers

(a)
By July 1, 2024, the department, in partnership with the state board and the Tennessee higher education commission, must provide a report to the chairs of the education committees of the senate and the house of representatives regarding the implementation of chapter 3 of the Public Acts of 2021 (1st Ex. Sess.).
(b)
(1)
By December 31, 2021, for purposes of consolidating existing information for the general assembly, the department must conduct the following review:
(A)
A landscape analysis of literacy in this state, including current practices, student achievement, instructional programming for students, and remediation services;
(B)
A landscape analysis of literacy instruction, including instructional programming and pedagogical practices utilized by educator preparation providers; and
(C)
A joint analysis, with the Tennessee higher education commission, regarding the affordability of educator preparation providers, including tuition affordability and net-tuition affordability for future educators and costs relative to educator preparation providers in other states; student loan and debt burdens of educator preparation provider graduates; financial barriers that may prevent postsecondary students and career changers from pursuing teaching as a profession; and the ability to reduce the costs of obtaining educator preparation and credentials.
(2)
Educator preparation providers approved by the state board must participate in the review.
(3)
By March 1, 2022, the results of the review must be reported to the state board and the chairs of the education committees of the senate and the house of representatives and posted on the department's website.
(4)
In conducting the review, all student information must be maintained in accordance with the Family Educational Rights and Privacy Act (FERPA) (
20 U.S.C. § 1232g
), §
10-7-504
, and all other applicable state and federal privacy laws.
Added by 2021EX1 Tenn. Acts, ch. 3, s 3, eff. 2/3/2021.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 1 - STATE ADMINISTRATION (§§ 49-1-NEW — 49-1-1208) › Part 9 - TENNESSEE LITERACY INITIATIVE ACT OF 1999 (§§ 49-1-901 — 49-1-910) › Section 49-1-909 - Competitive procurement policy

The department shall procure any good or service selected or approved by the department to effectuate this part 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 part 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 2021EX1 Tenn. Acts, ch. 3, s 3, eff. 2/3/2021.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 1 - STATE ADMINISTRATION (§§ 49-1-NEW — 49-1-1208) › Part 9 - TENNESSEE LITERACY INITIATIVE ACT OF 1999 (§§ 49-1-901 — 49-1-910) › Section 49-1-910 - Annual review - Report

The office of the comptroller of the treasury shall annually conduct a review of the implementation of this part. The department of education shall provide any information requested by the office of the comptroller of the treasury to the comptroller's office as soon as practicable. By November 1 of each year, the comptroller shall submit a report detailing the findings of the review to the chairs of the education committees of the senate and house of representatives and the state board of education and publish the report on the comptroller's website.
Added by 2022 Tenn. Acts, ch. 717,s 1, eff. 3/18/2022.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 1 - STATE ADMINISTRATION (§§ 49-1-NEW — 49-1-1208) › Part 10 - CONNIE HALL GIVENS COORDINATED SCHOOL HEALTH IMPROVEMENT ACT (§§ 49-1-1001 — 49-1-1008) › Section 49-1-1001 - Short title

This part shall be known and may be cited as the "Connie Hall Givens Coordinated School Health Improvement Act."
Acts 2000, ch. 554, § 2; 2010, ch. 764, § 1.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 1 - STATE ADMINISTRATION (§§ 49-1-NEW — 49-1-1208) › Part 10 - CONNIE HALL GIVENS COORDINATED SCHOOL HEALTH IMPROVEMENT ACT (§§ 49-1-1001 — 49-1-1008) › Section 49-1-1002 - Guidelines and standards - Requirements

(a)
The commissioner of education, in consultation with the department of health and in accordance with its duties under title 68, chapter 1, part 12, shall develop guidelines based on the federal centers for disease control and prevention model for the implementation of a coordinated school health program. It is the intent that these guidelines serve as a model for LEAs in addressing the health needs of their students and improving student opportunities for academic achievement. Components of a coordinated school health program shall include, but not be limited to, health services, health education, school nutrition services, physical education, healthy school environment, school counseling, school psychological and social services, staff health and wellness, and family and community involvement to enhance student health. In formulating this program, the commissioner shall consider existing local school/local health departments and community collaborations to promote and support student health and wellness, as well as other state and local programs and initiatives in this area.
(b)
In developing the guidelines and standards, the following components must be included, notwithstanding the fact that the centers for disease control model for the implementation of a coordinated school health program contains such requirements:
(1)
The family life curriculum contained in chapter 6, part 13 of this title shall continue to be observed;
(2)
A parent or legal guardian who wishes to excuse the parent's or legal guardian's student from participating in a health screening provided as part of a coordinated school health program must submit a request in writing to the student's school nurse, instructor, school counselor, or principal. As used in this subdivision (b)(2), "health screening" includes vision, dental, blood pressure, and hearing screenings; and
(3)
To the extent permitted by state or federal law, any aspect of family planning or contraception shall be governed by §
68-1-1205
and the policies set by the local boards of education.
Amended by 2023 Tenn. Acts, ch. 353,s 2, eff. 7/1/2023.
Amended by 2021 Tenn. Acts, ch. 493, s 37, eff. 5/25/2021.
Acts 2000, ch. 554, § 3.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 1 - STATE ADMINISTRATION (§§ 49-1-NEW — 49-1-1208) › Part 10 - CONNIE HALL GIVENS COORDINATED SCHOOL HEALTH IMPROVEMENT ACT (§§ 49-1-1001 — 49-1-1008) › Section 49-1-1003 - Connie Hall Givens coordinated school health program

(a)
The department of education shall establish and administer the Connie Hall Givens coordinated school health program. An LEA shall annually submit a coordinated school health plan to the department for approval. Each coordinated school health plan must include how the LEA intends to spend funds for student health and wellness, how the LEA currently addresses the health needs of school children, and who will serve as the school health coordinator.
(b)
The plan shall give priority to school health as a means to assist in meeting the education performance indicators of §
49-1-211(a)(3)
. The plan shall be developed in accordance with the guidelines for a coordinated school health program developed by the commissioner. In developing the guidelines for the program, the commissioner is requested to consult with appropriate organizations involved in the areas of student health, health care and fitness. The guidelines and any proposed forms for applications shall be offered to the education committee of the senate and the education administration committee of the house of representatives for review and comment. Copies of local education plans may be offered to the education committee of the senate and the education administration committee of the house of representatives for informational purposes. The goal of the program shall be to help the LEAs establish a bona fide coordinated school health program that improves the overall health and wellness of students.
(c)
The annual report on school health to the governor and general assembly required by §
49-50-1602(a)(4)
shall include information on progress toward the goal.
Amended by 2022 Tenn. Acts, ch. 966, s 38, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 966, s 37, eff. 7/1/2023.
Amended by 2021 Tenn. Acts, ch. 64, s 75, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 85, eff. 5/10/2019.
Amended by 2015 Tenn. Acts, ch. 182, s 26, eff. 4/17/2015.
Acts 2000, ch. 554, § 4; 2010 , ch. 764, § 2; 2011 , ch. 410, § 4 (j).
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 1 - STATE ADMINISTRATION (§§ 49-1-NEW — 49-1-1208) › Part 10 - CONNIE HALL GIVENS COORDINATED SCHOOL HEALTH IMPROVEMENT ACT (§§ 49-1-1001 — 49-1-1008) › Section 49-1-1004 - [Repealed]

Repealed by 2022 Tenn. Acts, ch. 966, s 39, eff. 7/1/2023.
Amended by 2019 Tenn. Acts, ch. 154, s 2, eff. 4/18/2019.
Acts 2000, ch. 554, § 5; 2010 , ch. 764, § 3.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 1 - STATE ADMINISTRATION (§§ 49-1-NEW — 49-1-1208) › Part 10 - CONNIE HALL GIVENS COORDINATED SCHOOL HEALTH IMPROVEMENT ACT (§§ 49-1-1001 — 49-1-1008) › Section 49-1-1005 - Coordination of school health programs, grants, and initiatives - Coordination of funding - Performance of health screening services under TennCare contracts

The department of education and the department of health shall coordinate existing school health programs, grants, and initiatives. To the extent possible in light of existing contracts and waiver requirements, funding, including TennCare funding, must likewise be coordinated. Schools should be encouraged and permitted to perform health screening services under TennCare contracts.
Amended by 2022 Tenn. Acts, ch. 966, s 40, eff. 7/1/2023.
Acts 2000, ch. 554, § 6.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 1 - STATE ADMINISTRATION (§§ 49-1-NEW — 49-1-1208) › Part 10 - CONNIE HALL GIVENS COORDINATED SCHOOL HEALTH IMPROVEMENT ACT (§§ 49-1-1001 — 49-1-1008) › Section 49-1-1006 - [Repealed]

Repealed by 2022 Tenn. Acts, ch. 966, s 39, eff. 7/1/2023.
Acts 2000, ch. 554, § 7.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 1 - STATE ADMINISTRATION (§§ 49-1-NEW — 49-1-1208) › Part 10 - CONNIE HALL GIVENS COORDINATED SCHOOL HEALTH IMPROVEMENT ACT (§§ 49-1-1001 — 49-1-1008) › Section 49-1-1007 - Report - Publication

By October 1, 2021, and each October 1 thereafter, the department shall provide a report to the education committee of the senate and the education instruction committee of the house of representatives, regarding the physical education programs and activity for each LEA. The department shall publish the report on the department's website. Upon the release of the report, the department shall encourage each school to use the results of the report and comparison to other schools in helping develop the school's overall wellness plan. In compiling the data used in the report, the department may use assessments developed by a nationally recognized nonprofit heart association.
Amended by 2021 Tenn. Acts, ch. 493, s 9, eff. 5/25/2021.
Amended by 2021 Tenn. Acts, ch. 64, s 76, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 86, eff. 5/10/2019.
Added by 2016 Tenn. Acts, ch. 706, s 1, eff. 4/6/2016.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 1 - STATE ADMINISTRATION (§§ 49-1-NEW — 49-1-1208) › Part 10 - CONNIE HALL GIVENS COORDINATED SCHOOL HEALTH IMPROVEMENT ACT (§§ 49-1-1001 — 49-1-1008) › Section 49-1-1008 - [Repealed]

Amended by 2022 Tenn. Acts, ch. 913, s 2, eff. 7/1/2022.
Added by 2022 Tenn. Acts, ch. 913, s 1, eff. 7/1/2022.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 1 - STATE ADMINISTRATION (§§ 49-1-NEW — 49-1-1208) › Part 11 - CHILD CARE PROGRAMS (§§ 49-1-1101 — 49-1-1110) › Section 49-1-1101 - Approval of certain child care programs by commissioner

(a)
The commissioner of education, acting through the commissioner's authorized agents and pursuant to regulations of the state board of education that are adopted pursuant to §
49-1-302(i)
, shall be responsible for inspecting and approving those child care programs subject to the state board's jurisdiction pursuant to §
49-1-302(i)
.
(b)
The commissioner has the authority to issue certificates of approval from the department of education for those child care programs that meet the child care standards of the board, and the commissioner shall be responsible for enforcing the board's standards for such programs.
Acts 2000, ch. 981, § 41.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 1 - STATE ADMINISTRATION (§§ 49-1-NEW — 49-1-1208) › Part 11 - CHILD CARE PROGRAMS (§§ 49-1-1101 — 49-1-1110) › Section 49-1-1102 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Care giver," "care givers," "care provider" or "care providers" means the person, persons, entity or entities directly responsible for providing for the supervision, protection and basic needs of the child;
(2)
"Child care" means the provision of supervision, protection and, at a minimum, the basic needs of a child or children for three (3) or more hours a day, but less than twenty-four (24) hours a day. Care for a child of twenty-four (24) hours duration is "residential child care," which is licensed by the department of children's services pursuant to title 37, chapter 5, part 5. The department of human services licenses "child care agencies" providing child care in "child care centers," "group child care homes" or "family child care homes" as defined in §
71-3-501
;
(3)
"Child care program" means any place or facility operated by any person or entity that provides child care for children in a before or after school based program operated by a local board of education pursuant to §
49-2-203(b)(11)
, a public school administered early childhood education program, a church affiliated program operated pursuant to §
49-50-801
, or a federally funded early childhood education program such as a Title I program, a school-administered head start or an even start program, state-approved Montessori school programs and a program operated by a private school as defined by §
49-6-3001(c)(3)(A)(iii)
;
(4)
"Child or children" means a person or persons under eighteen (18) years of age;
(5)
"Commissioner" means the chief administrative officer in charge of the department of education; and
(6)
"Department" means the department of education.
Acts 2000, ch. 981, § 42; 2002, ch. 766, § 2.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 1 - STATE ADMINISTRATION (§§ 49-1-NEW — 49-1-1208) › Part 11 - CHILD CARE PROGRAMS (§§ 49-1-1101 — 49-1-1110) › Section 49-1-1104 - Injunctions against unapproved operations

(a)
The department may, in accordance with the laws of this state governing injunctions, maintain an action in the name of the state to enjoin any person, partnership, association, corporation or other entity from establishing, conducting, managing or operating any place or facility providing services to children without having a certificate as required by law, or from continuing to operate any such place or facility following suspension of a certificate or following the effective date of the denial or revocation of a certificate.
(b)
In charging any defendant in a complaint for injunction, it shall be sufficient to charge that the defendant did, upon a certain day and in a certain county, establish, conduct, manage or operate a place, home or facility of any kind that is a child care program as defined in this part or to charge that the defendant is about to do so without having in effect a certificate as required by law, or that the defendant continues to operate any such place or facility following suspension of a certificate, or following the effective date of the denial or revocation of a certificate, without averring any further or more particular facts concerning the case. Refusal to obey the inspection order may be punished as contempt.
Acts 2000, ch. 981, § 44.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 1 - STATE ADMINISTRATION (§§ 49-1-NEW — 49-1-1208) › Part 11 - CHILD CARE PROGRAMS (§§ 49-1-1101 — 49-1-1110) › Section 49-1-1105 - Criminal violations

(a)
Any person or entity operating a child care program without being certified by the department or who continues to operate such program while a suspension of the certificate is in effect, or who operates a child care program following the effective date of a denial or revocation of a certificate, commits a Class A misdemeanor.
(b)
Each day of operation without an effective certificate constitutes a separate offense.
(c)
(1)
It is unlawful for any person who is an operator, certificate holder or employee of a child care program to make any statement, whether written or verbal, to a parent or guardian of a child in the care of such program, to any state or local official having jurisdiction over such program, or to any law enforcement officer, knowing the statement is false, including, but not limited to, statements regarding:
(A)
The number of children in the child care program;
(B)
The area of the child care program used for child care; or
(C)
The credentials, licensure or qualification of any care giver, employee, substitute or volunteer of the child care program.
(2)
In order for subdivision (c)(1) to apply, the falsity of the statement must place at risk the health or safety of a child in the care of the child care program.
(3)
A violation of subdivision (c)(1) is a Class A misdemeanor.
(4)
This subsection (c) includes statements made in any child care program certificate application that misrepresents or conceals a material fact that would have resulted in the certificate being denied.
(5)
In addition to any punishment authorized under this subsection (c), the department may also take any certificate action authorized under this part.
Acts 2000, ch. 981, § 45.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 1 - STATE ADMINISTRATION (§§ 49-1-NEW — 49-1-1208) › Part 11 - CHILD CARE PROGRAMS (§§ 49-1-1101 — 49-1-1110) › Section 49-1-1106 - Inspection of persons or entities providing child care

(a)
It is the duty of the department, through its duly authorized agents, to inspect at regular intervals, without previous notice, all child care programs or suspected child care programs.
(b)
(1)
The department is given the right of entrance, privilege of inspection, access to accounts, records and information regarding the whereabouts of children under care for the purpose of determining the kind and quality of the care provided to the children and to obtain a proper basis for its decisions and recommendations.
(2)
If refused entrance for inspection of a certified or suspected child care program, the chancery or circuit court of the county where the approved or suspected child care program may be located may issue an immediate ex parte order permitting the department's inspection upon a showing of probable cause, and the court may direct any law enforcement officer to aid the department in executing the order and inspection. Refusal to obey the inspection order may be punished as contempt.
(3)
Except where court orders prohibit or otherwise limit access, parents or other caretakers of children in the care of a child care program certified pursuant to this part shall be permitted to visit and inspect the facilities and observe the methods for the care of their children at any time during which the children are in the care of the program and, except those records of other children and their parents or caretakers, shall further be permitted to inspect any records of the program that are not privileged, or are not otherwise confidential, as provided by law or regulation, and the parents' or caretakers' access for these purposes shall not be purposely denied by the program.
(c)
Any violation of the rights given in this section is a Class A misdemeanor.
Acts 2000, ch. 981, § 46.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 1 - STATE ADMINISTRATION (§§ 49-1-NEW — 49-1-1208) › Part 11 - CHILD CARE PROGRAMS (§§ 49-1-1101 — 49-1-1110) › Section 49-1-1108 - Annual report

(a)
Each child care program shall submit to the commissioner an annual report.
(b)
The report shall consist of:
(1)
Identification information;
(2)
Current enrollment figures;
(3)
Self-reporting on mandatory regulations;
(4)
Current certification status; and
(5)
Additional information as determined by the department.
(c)
Any entity not completing the annual report by October 1, shall receive notice of such failure and, if the report is not filed within thirty (30) days of the date of mailing of the notice, the certificate of approval shall be suspended immediately, pending receipt of the report.
Acts 2000, ch. 981, § 48.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 1 - STATE ADMINISTRATION (§§ 49-1-NEW — 49-1-1208) › Part 11 - CHILD CARE PROGRAMS (§§ 49-1-1101 — 49-1-1110) › Section 49-1-1109 - Collaboration with department of human services for training - Funding and technical assistance

(a)
The departments of education and human services shall collaborate regarding the following areas relative to child care:
(1)
Access to appropriate training opportunities that are provided through the Tennessee early childhood training alliance;
(2)
Representation in committees and work groups that are responsible for planning funding allocations for child care development block grant funds;
(3)
Recognition of department of education programs on the department of human services' resource and referral system;
(4)
Eligibility of department of education-monitored programs for child care certificate funds;
(5)
Dual access to child care provider data in order to maintain the current status of child care service broker information;
(6)
The planning and coordination of annual meetings between staff of the child care services division of the department of human services and the department of education for the purpose of advancing the quality of child care in this state;
(7)
Access to training and technical assistance from the child care resource center; and
(8)
Training that might be developed through any of the child care programs monitored by the department of education.
(b)
The department of education shall require departmental employees who conduct on-site inspections of child care programs to periodically participate in the training activities conducted by the department of human services for inspectors of that department's child care programs.
Acts 2000, ch. 981, § 49.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 1 - STATE ADMINISTRATION (§§ 49-1-NEW — 49-1-1208) › Part 12 - TENNESSEE EDUCATORS PROTECTION ACT (§§ 49-1-1201 — 49-1-1208) › Section 49-1-1201 - Short title

This part shall be known and may be cited as the "Tennessee Educators Protection Act."
Added by 2017 Tenn. Acts, ch. 407,s 1, eff. 7/1/2017.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 1 - STATE ADMINISTRATION (§§ 49-1-NEW — 49-1-1208) › Part 12 - TENNESSEE EDUCATORS PROTECTION ACT (§§ 49-1-1201 — 49-1-1208) › Section 49-1-1202 - Legislative findings - Applicability

The general assembly finds that ensuring the quality of elementary and secondary education in Tennessee is a compelling state interest. The filing of meritless litigation against teachers, administrators, and other school employees interferes with the quality of public and private education, particularly where the litigation arises out of the good faith efforts of educators to maintain classroom discipline or to address threats to student safety. Meritless litigation also diverts a school's financial and personnel resources to litigation defense activities, which reduces the availability of those resources for educational opportunities for students. The general assembly finds that legislation to deter the filing of meritless litigation and to sanction deliberately false reports levied against educators is a rational and appropriate method to serve this compelling state interest. This part is intended to reflect and expand upon federal educator protection statutes. This part does not apply to public or private educators who have been convicted of a crime or who have been terminated for misconduct.
Added by 2017 Tenn. Acts, ch. 407,s 1, eff. 7/1/2017.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 1 - STATE ADMINISTRATION (§§ 49-1-NEW — 49-1-1208) › Part 12 - TENNESSEE EDUCATORS PROTECTION ACT (§§ 49-1-1201 — 49-1-1208) › Section 49-1-1203 - Part definitions

As used in this part:
(1)
"Educational entity" means the state board of education, department of education, and any other body, board, or agency that governs a public or private elementary or secondary school, and includes, but is not limited to, local education agencies and local boards of education; and
(2)
"Employee" means:
(A)
An individual who is elected or appointed to an educational entity;
(B)
An individual who is an employee of an educational entity or who provides student-related services to an educational entity on a contractual basis; or
(C)
An authorized volunteer who provides student-related services to an educational entity.
Added by 2017 Tenn. Acts, ch. 407,s 1, eff. 7/1/2017.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 1 - STATE ADMINISTRATION (§§ 49-1-NEW — 49-1-1208) › Part 12 - TENNESSEE EDUCATORS PROTECTION ACT (§§ 49-1-1201 — 49-1-1208) › Section 49-1-1204 - Immunity from civil liability for acts or reports relating to students

(a)
An employee is not civilly liable for taking any action related to the control, grading, suspension, expulsion, or discipline of a student that occurs while the student is on the property of the educational entity or under the supervision of the educational entity or the employee unless that action violates a law, rule, or clearly articulated state or school policy. The plaintiff bears the burden of proving by a preponderance of the evidence that the action of the employee violated a law, rule, or clearly articulated state or school policy.
(b)
An employee is not liable for making a report consistent with federal or state law to the appropriate law enforcement authorities, or to an official of an educational entity, if the individual making the report has reasonable grounds to suspect that a student is:
(1)
Under the influence of alcohol or a controlled substance that is not lawfully prescribed to the student;
(2)
Involved in the illegal solicitation, sale, or distribution of alcohol or a controlled substance; or
(3)
Involved in any other illegal activity.
Added by 2017 Tenn. Acts, ch. 407,s 1, eff. 7/1/2017.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 1 - STATE ADMINISTRATION (§§ 49-1-NEW — 49-1-1208) › Part 12 - TENNESSEE EDUCATORS PROTECTION ACT (§§ 49-1-1201 — 49-1-1208) › Section 49-1-1205 - No liability for punitive or exemplary damages for acts or omissions that occur within course and scope of employment

An employee is not liable for punitive or exemplary damages for acts or omissions that occur within the course and scope of the employee's employment. For purposes of this section, an employee who acts with the specific intent to cause harm is not acting within the course and scope of the employee's employment.
Added by 2017 Tenn. Acts, ch. 407,s 1, eff. 7/1/2017.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 1 - STATE ADMINISTRATION (§§ 49-1-NEW — 49-1-1208) › Part 12 - TENNESSEE EDUCATORS PROTECTION ACT (§§ 49-1-1201 — 49-1-1208) › Section 49-1-1206 - Civil action for damages by employee

(a)
An employee may file a civil action for damages against any person eighteen (18) years of age or older who acts with the specific intent to cause harm by making an accusation of criminal activity the person knows or should know is false against that employee to law enforcement authorities, school district officials, or school district personnel.
(b)
An employee may file a civil action for damages against the parent, guardian, or legal custodian of a student of the employee, if the student, who is under eighteen (18) years of age, acts with specific intent to cause harm to another by making an accusation of criminal activity the person knows or should know is false against that employee to law enforcement authorities, school district officials, or school district personnel.
(c)
Any student found by a court with jurisdiction over an action filed pursuant to subsection (a) or (b) to have acted with the specific intent to cause harm by making an accusation of criminal activity the person knows or should have known is false against an employee to law enforcement authorities, school district officials, or school district personnel may be subject to one (1) or more of the following disciplinary actions, to be determined by the student's school:
(1)
Expulsion;
(2)
Suspension for a period of time;
(3)
Community service; or
(4)
Any other disciplinary action deemed appropriate by the school.
(d)
This section does not apply to statements made regarding individuals elected or appointed to a local board of education.
(e)
This section does not limit the civil or criminal liability of any person who makes a statement the person knows or should know is false alleging criminal activity by others.
Added by 2017 Tenn. Acts, ch. 407,s 1, eff. 7/1/2017.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 1 - STATE ADMINISTRATION (§§ 49-1-NEW — 49-1-1208) › Part 12 - TENNESSEE EDUCATORS PROTECTION ACT (§§ 49-1-1201 — 49-1-1208) › Section 49-1-1207 - Insurance not waiver of defense

Except as otherwise provided by statute, the existence of any policy of insurance indemnifying an educational entity against liability for damages is not a waiver of any defense that is available to the employee in defense of any claim.
Added by 2017 Tenn. Acts, ch. 407,s 1, eff. 7/1/2017.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 1 - STATE ADMINISTRATION (§§ 49-1-NEW — 49-1-1208) › Part 12 - TENNESSEE EDUCATORS PROTECTION ACT (§§ 49-1-1201 — 49-1-1208) › Section 49-1-1208 - Scope of part

(a)
This part does not limit, modify, or supersede title 29, chapter 39.
(b)
This part does not infringe on any right or protection provided under the Individuals with Disabilities Education Act (
20 U.S.C. § 1400
et seq.), or Section 504 of the Rehabilitation Act (
29 U.S.C. § 794
). Nothing in this part applies to an action brought under federal or state law by a student or the student's parent or representative based on the student's disability.
Added by 2017 Tenn. Acts, ch. 407,s 1, eff. 7/1/2017.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 1 - GENERAL PROVISIONS (§§ 49-2-101 — 49-2-140) › Section 49-2-102 - County mayors - Duties

It is the duty of the county mayor to:
(1)
Approve the bond of the county director of schools; and
(2)
Make quarterly settlements with the county trustee and the county board of education of the elementary and the high school funds.
Acts 1925, ch. 115, § 9; Shan. Supp., § 1487a56; Code 1932, § 2347; T.C.A. (orig. ed.), § 49-205; Acts 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 1 - GENERAL PROVISIONS (§§ 49-2-101 — 49-2-140) › Section 49-2-103 - County trustees - Duties

(a)
It is the duty of the county trustee or individual having similar responsibilities and duties in counties where such responsibilities and duties are vested in another office by law to:
(1)
Keep all public school funds separate and apart from all other funds coming into the trustee's or individual's hands. It is unlawful to pay out any elementary school funds for high school purposes or high school funds for elementary school purposes, or either fund for any other purpose than that for which it was levied or collected;
(2)
Make a settlement with the county mayor of all elementary school funds and high school funds from all sources, quarterly, within ten (10) days after the close of the quarters ending with March, June, September and December, which settlement shall include all receipts and expenditures within the quarter. This settlement shall be included in the next quarterly report of the county director of schools to the county legislative body and to the commissioner of education;
(3)
Make annual reports, on or before July 10 each year, to the commissioner of all receipts and expenditures of all elementary and all high school funds within the year ending June 30 preceding, on forms supplied by the commissioner;
(4)
Require the county director of schools to attach a voucher to every school warrant amounting to five hundred dollars ($500) or more drawn by the county board of education for any purpose other than the salaries of the supervisors and teachers, showing that the board has complied with the law requiring contracts to be let on competitive bids. Nothing in this subdivision (a)(4) shall be construed to remove the requirement of competitive bidding prior to the letting of such contracts; and
(5)
Make quarterly distribution of all state and county elementary school funds between the county and incorporated city or cities of the county on the basis of average daily attendance immediately after each quarterly settlement with the county mayor; provided, that the state school fund designated as the equalizing fund shall not be distributed on such basis, but shall be placed to the credit of the county elementary school fund to be disbursed by the county board of education as provided in this title.
(b)
A violation of subsection (a) is a Class C misdemeanor.
Acts 1925, ch. 115, § 10; Shan. Supp., §§ 1487a57, 1487a58; Code 1932, §§ 2348, 2349; Acts 1963, ch. 13, § 1; 1978, ch. 926, §§ 1-3; T.C.A. (orig. ed.), §§ 49-206, 49-207; Acts 1989, ch. 591, § 113; 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 1 - GENERAL PROVISIONS (§§ 49-2-101 — 49-2-140) › Section 49-2-104 - Inspection of local records

Supervisors, under the direction of the commissioner of education, shall have the authority to inspect the records of local boards of education, the school accounts of county trustees and the administration of public schools, to make recommendations covering all the foregoing, and to perform other duties that may be assigned them.
Acts 1925, ch. 115, § 7; Shan. Supp., § 1487a44; Code 1932, § 2333; Acts 1974, ch. 654, § 31; T.C.A. (orig. ed.), § 49-227.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 1 - GENERAL PROVISIONS (§§ 49-2-101 — 49-2-140) › Section 49-2-105 - Training programs with private college or university for pre-k-12 teachers

(a)
A local board of education may contract with a private college or university accredited by the Southern Association of Colleges and Schools Commission on Colleges that has its primary campus domiciled in this state for the college or university to maintain a training school for grades pre-kindergarten through twelve (pre-K-12), or any combination of grades pre-kindergarten through twelve (pre-K-12), to provide practice teaching experience for teachers in training. The students enrolled in the training school must be taught the same course of study as prescribed by the state board of education for the LEA in grades pre-kindergarten through twelve (pre-K-12), or the grades appropriate for the particular school. Training schools must meet the same requirements established by law and the state board's rules for public schools.
(b)
A college or university that has entered into a contract with a local board of education pursuant to subsection (a) may receive all state and federal funds received by the local board of education as a result of this contract for the operation of the training school, including TISA allocations and any other funds that may be allocated for the operation of public schools of this state. Training schools are eligible to receive grants and other funds in the same manner as the public schools in this state. The control of the school is wholly under the direction of the respective college or university.
(c)
In the event the training school does not maintain a school for grades pre-kindergarten through twelve (pre-K-12), the contract between the college or university and the local board of education must direct the allocation of funds between the local board of education and the training school, as the parties determine necessary to best achieve the objective of providing practice teaching for teachers in training.
Added by 2023 Tenn. Acts, ch. 435, s 1, eff. 5/11/2023.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 1 - GENERAL PROVISIONS (§§ 49-2-101 — 49-2-140) › Section 49-2-106 - Creation or expansion of city or special school districts

(a)
No city school system or special district school system shall be created or reactivated for the purpose of operating a system of schools, unless the school system is large enough to offer adequate educational opportunities for the pupils of grades one through twelve (1-12) in keeping with standards established by the state board of education.
(b)
In establishing the standards, the state board is authorized and directed to take into consideration such factors as:
(1)
The scholastic population of the city or special school district according to the most recent census;
(2)
The financial ability per pupil of scholastic population; and
(3)
The expressed willingness of the people of the city or special school district, as indicated by a majority of its legal voters in a referendum, to raise local funds, which, together with school funds received from the state and other sources, shall be sufficient to provide adequate educational opportunities for their children.
Acts 1961, ch. 113, § 1; 1981, ch. 510, §§ 1, 2; 1981, ch. 540, §§ 1-3; T.C.A., § 49-233.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 1 - GENERAL PROVISIONS (§§ 49-2-101 — 49-2-140) › Section 49-2-107 - Special school districts - Taxes

Any person owning property located in special school districts in this state that were created by a private act shall be required to pay such taxes as are levied by the private act creating or amending the school district.
Acts 1969, ch. 269, § 1; T.C.A., § 49-249.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 1 - GENERAL PROVISIONS (§§ 49-2-101 — 49-2-140) › Section 49-2-108 - Separate-sex schools

(a)
The local school boards are authorized to provide separate schools for persons of the male sex and persons of the female sex. The determination of the necessity for such separate schools is vested in the exclusive discretion of the school board.
(b)
Nothing in this section shall be construed to amend existing laws relative to the issuance of school bonds nor otherwise alter the laws pertaining to school construction.
Acts 1957, ch. 98, § 1; 1974, ch. 654, §§ 33, 34; T.C.A., § 49-230.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 2 - LOCAL ADMINISTRATION (§§ 49-2-101 — 49-2-2101) › Part 1 - GENERAL PROVISIONS (§§ 49-2-101 — 49-2-140) › Section 49-2-109 - Contracts with private, city or special district schools

(a)
(1)
(A)
The county board of education has the power to make contracts with the proper authorities of private schools or with city or special school district boards of education whereby the county public elementary and high schools may be taught in the private or city schools.
(B)
Such public elementary and high school branches shall be taught free of charge to all pupils of the county entitled thereto.
(C)
The contract may provide that:
(i)
The school shall be administered by either the city, special school district or county board of education upon the condition that the board charged with administration of the school shall employ duly licensed teachers, comply with other state laws pertaining to education and not interfere with the powers devolved upon the commissioner of education in connection with the county public elementary and high schools; and
(ii)
In the event of contracts with private schools, no teacher shall be employed in the private school unless the teacher has a teacher's license of such grade as may be prescribed for the teacher's employment and unless the employment of the teacher is approved by the county board of education.
(2)
The authority of the commissioner, county director of schools and all public school officers shall be as full and ample in such private schools as in other county public elementary and high schools.
(b)
This section shall not be construed as authorizing a contract by a county board of education with a church-sponsored, church related or a parochial school.
Acts 1925, ch. 115, § 14; Shan. Supp., § 1487a99; Code 1932, § 2390; Acts 1931, ch. 71, § 1; C. Supp. 1950, § 2393.16; Acts 1959, ch. 259, §§ 1, 2; 1959, ch. 309, § 1; T.C.A. (orig. ed.), § 49-231.