reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 50 - MISCELLANEOUS (§§ 49-50-101 — 49-50-1703) › Part 10 - SPECIAL SCHOOLS (§§ 49-50-1001 — 49-50-1008) › Section 49-50-1002 - Budgetary, accounting, and financial reporting procedures - Carryover of funds

(a)
The department of finance and administration shall prescribe the budgetary, accounting, and financial reporting procedures for the Tennessee School for the Blind, the Tennessee School for the Deaf, the West Tennessee School for the Deaf, and the Alvin C. York Agricultural Institute.
(b)
The department of education is authorized to carry over a maximum of ten percent (10%) of the total appropriated funds for operation of the state special schools system. This shall not affect the next year's appropriation. The department of education is authorized to utilize a part of this budget for the purposes of securing and utilizing federal grants.
Amended by 2019 Tenn. Acts, ch. 107,s 39, eff. 4/11/2019.
Acts 1925, ch. 115, § 5; 1939, ch. 11, § 34; Shan. Supp., § 1487a25; Code 1932, § 2316; Acts 1933, ch. 142, § 1; 1935, ch. 186, § 1; 1947, ch. 96, § 1; 1947, ch. 113, §§ 1, 2; mod. C. Supp. 1950, §§ 255.56, 2316 (Williams, §§ 371.1, 2316); impl. am. Acts 1951, ch. 180, § 1; modified; impl. am. Acts 1953, ch. 85, § 1; impl. am. Acts 1955, ch. 17, § 1; Acts 1957, ch. 160, § 1; impl. am. Acts 1959, ch. 9, §§ 3, 14; impl. am. Acts 1961, ch. 97, § 3; impl. am. Acts 1965, ch. 30, § 1; Acts 1967, ch. 294, § 1; 1972, ch. 575, § 1; 1972, ch. 838, § 9; 1973, ch. 80, § 1; 1973, ch. 145, § 1; 1978, ch. 932, § 4; T.C.A. (orig. ed.), §§ 4-310, 49-107; Acts 1983, ch. 181, § 12; T.C.A. (orig. ed.), § 49-112(b), (c); Acts 2003, ch. 355, § 29.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 50 - MISCELLANEOUS (§§ 49-50-101 — 49-50-1703) › Part 10 - SPECIAL SCHOOLS (§§ 49-50-1001 — 49-50-1008) › Section 49-50-1003 - Allocation of appropriations

(a)
The several appropriations of state funds annually made for the operation and maintenance of the Tennessee School for the Blind, the Tennessee School for the Deaf, the West Tennessee School for the Deaf, the Alvin C. York Agricultural Institute, and other special schools operated by the department of education as may hereafter be created shall be administered and expended under budgets approved by the department of education.
(b)
The schools referenced in subsection (a) may award scholarships for the school's graduates. The graduates must be selected by the respective director of schools under the approval of the commissioner.
(c)
The department shall obligate and expend appropriations for the capital improvement of the state special schools.
(d)
The salary schedules for teachers and other professional personnel in the state special schools must be reasonably comparable to those currently in effect in the LEAs where the respective institution is located, but the salaries must be paid solely out of the state appropriations made to the respective institutions.
Amended by 2019 Tenn. Acts, ch. 107,s 40, eff. 4/11/2019.
Acts 1977, ch. 289, § 17; T.C.A., § 49-621; Acts 2003, ch. 355, § 30.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 50 - MISCELLANEOUS (§§ 49-50-101 — 49-50-1703) › Part 10 - SPECIAL SCHOOLS (§§ 49-50-1001 — 49-50-1008) › Section 49-50-1004 - Tennessee School for the Blind

(a)
The school for the instruction of students who are blind or visually impaired in Nashville shall be a body corporate by the name of "Tennessee School for the Blind."
(b)
The corporation has the right to:
(1)
Sue in law or equity;
(2)
Receive donations of money from any source for the benefit of the school;
(3)
Take and hold property, real and personal, for its use and benefit as a school; and
(4)
Have a seal and such corporate rights and powers as are necessary and proper to effect the end of its creation, the education of students who are blind or visually impaired.
(c)
The land, buildings, and appurtenances used by the Tennessee School for the Blind are the property of this state.
(d)
The commissioner may:
(1)
Administer and manage the household and domestic affairs of the school;
(2)
Implement policies and guidelines of the state board of education relative to the school; and
(3)
Establish a work training program for adults who are blind or visually impaired.
(e)
Any student three (3) through twenty-one (21) years of age, both inclusive, who is a resident of this state and who has a visual impairment, including either partial sight or blindness, even with correction, that adversely affects the student's educational performance is eligible for admission to the Tennessee School for the Blind.
(f)
The director of schools for the Tennessee School for the Blind may admit eligible students who have been evaluated and referred by the student's individualized education program team, as defined by §
49-10-102
, for services at the school as the most appropriate placement within the least restrictive environment.
(g)
Students admitted to the Tennessee School for the Blind who are residents of this state shall not be charged tuition.
(h)
The Tennessee School for the Blind is authorized to implement programs and install facilities for career and technical education.
Added by 2019 Tenn. Acts, ch. 107, s 41, eff. 4/11/2019.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 50 - MISCELLANEOUS (§§ 49-50-101 — 49-50-1703) › Part 10 - SPECIAL SCHOOLS (§§ 49-50-1001 — 49-50-1008) › Section 49-50-1005 - Tennessee School for the Deaf

(a)
The state school for the education of students who are deaf or hearing impaired, located in the city of Knoxville, shall be a body corporate by the name of "Tennessee School for the Deaf." The state school for the education of students who are deaf or hearing impaired, located in the city of Jackson, shall be a body corporate by the name of "West Tennessee School for the Deaf."
(b)
Each corporation has the right to:
(1)
Sue in law or equity;
(2)
Receive donations of money from any source for the benefit of the school;
(3)
Take and hold property, real and personal, for its use and benefit as a school; and
(4)
Have a seal and such corporate rights and powers as are necessary and proper to effect the end of its creation, the education of students who are deaf.
(c)
The commissioner may:
(1)
Administer and manage the household and domestic affairs of the schools; and
(2)
Implement policies and guidelines of the state board of education relative to the schools.
(d)
The land, buildings, and appurtenances used by the Tennessee School for the Deaf and the West Tennessee School for the Deaf are the property of this state.
(e)
Any student three (3) through twenty-one (21) years of age, both inclusive, who is a resident of this state and who has a hearing impairment that adversely affects the student's educational performance is eligible for admission to the Tennessee School for the Deaf or the West Tennessee School for the Deaf.
(f)
The director of schools for the Tennessee School for the Deaf and the West Tennessee School for the Deaf may admit eligible students who have been evaluated and referred by the student's individualized education program team, as defined by §
49-10-102
, for services at the school as the most appropriate placement within the least restrictive environment.
(g)
Students admitted to the Tennessee School for the Deaf or the West Tennessee School for the Deaf who are residents of this state shall not be charged tuition.
Added by 2019 Tenn. Acts, ch. 107, s 42, eff. 4/11/2019.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 50 - MISCELLANEOUS (§§ 49-50-101 — 49-50-1703) › Part 10 - SPECIAL SCHOOLS (§§ 49-50-1001 — 49-50-1008) › Section 49-50-1006 - Branch schools of school for the deaf

(a)
This state, acting through the state board of education and the commissioner of education, shall establish, maintain, and operate a school in Madison County for the hearing impaired children of west Tennessee.
(b)
There shall also be a branch school of the school for the deaf located in Davidson County.
Added by 2019 Tenn. Acts, ch. 107,s 43, eff. 4/11/2019.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 50 - MISCELLANEOUS (§§ 49-50-101 — 49-50-1703) › Part 10 - SPECIAL SCHOOLS (§§ 49-50-1001 — 49-50-1008) › Section 49-50-1007 - Sharing of same president, director of schools, or officers prohibited

The Tennessee School for the Blind, the Tennessee School for the Deaf, the West Tennessee School for the Deaf, and the Alvin C. York Agricultural Institute shall not share the same president, director of schools, or officers at the same time.
Added by 2019 Tenn. Acts, ch. 460,s 1, eff. 5/21/2019.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 50 - MISCELLANEOUS (§§ 49-50-101 — 49-50-1703) › Part 10 - SPECIAL SCHOOLS (§§ 49-50-1001 — 49-50-1008) › Section 49-50-1008 - Deaf mentor and parent advisor program

(a)
(1)
The Tennessee School for the Deaf, together with the West Tennessee School for the Deaf, shall maintain a deaf mentor and parent advisor program to assist families in implementing bilingual and bicultural home-based programming for young children who are deaf, hard of hearing, or deaf-blind.
(2)
The program must be available at:
(A)
The West Tennessee School for the Deaf in Jackson;
(B)
The Tennessee School for the Deaf, Knoxville campus; and
(C)
The Tennessee School for the Deaf, Nashville campus.
(3)
The program must focus on:
(A)
Preventing language deprivation or gaps through insufficient language access;
(B)
Providing a positive impact on a child's social and emotional development through a deaf role model and on a parent's emotional journey of having a deaf, hard of hearing, or deaf-blind child through a parent advisor; and
(C)
Ensuring that children who are deaf have equal access to learning opportunities at home and in the community.
(4)
The program must use a deaf mentor curriculum.
(5)
The program must provide hearing parents of children who are deaf, hard of hearing, or deaf-blind with the option of using a deaf mentor to expose the parents' children to American Sign Language and deaf culture and the option of using a parent advisor to expose the parents' children to listening and spoken English strategies and accessibility, allowing the children to grow and learn in a bilingual and bicultural milieu of hearing and deaf cultures instead of limiting the children's exposure to a signed or spoken English-only environment and the hearing culture of the children's families.
(b)
Deaf mentors and parent advisors shall:
(1)
Make regular visits to the homes of young children who are deaf, hard of hearing, or deaf-blind;
(2)
Interact with the children and their families using American Sign Language and spoken English;
(3)
Demonstrate American Sign Language and listening and spoken English techniques to family members; and
(4)
Help families understand and appreciate deafness and deaf culture, as well as support them in understanding how to provide accommodations and access to communication.
Amended by 2023 Tenn. Acts, ch. 327, s 1, eff. 7/1/2023.
Acts 2019, ch. 500, § 1.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 50 - MISCELLANEOUS (§§ 49-50-101 — 49-50-1703) › Part 11 - STUDENT TRANSCRIPTS (§ 49-50-1101) › Section 49-50-1101 - Student transcripts - Alterations - Penalties

(a)
(1)
A student transcript shall not be altered by any employee of an LEA, charter school, or virtual school unless the LEA, charter school, or virtual school has a written policy governing student transcript alterations. All transcript alterations shall be made in accordance with the LEA, charter school, or virtual school policy governing student transcript alterations.
(2)
An LEA, charter school, or virtual school policy governing student transcript alterations must require any student transcript alteration to be supported by documentation providing an explanation of the reason for the transcript alteration and evidence that the student has earned the grade reflected in the altered transcript.
(b)
An LEA, charter school, charter school authorizer, or virtual school shall not retaliate against an employee who brings unauthorized transcript alterations to the attention of school officials.
(c)
Any person who intentionally violates this section may be subject to disciplinary action, including, but not limited to, revocation of a professional educator license or certification issued by the department of education, and may be subject to prosecution for falsification of educational or academic records under §
39-14-136
.
Acts 2018 , ch. 557, § 1.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 50 - MISCELLANEOUS (§§ 49-50-101 — 49-50-1703) › Part 12 - TOXIC ART SUPPLIES (§§ 49-50-1201 — 49-50-1204) › Section 49-50-1201 - Legislative findings and declaration

The general assembly finds and declares that art supplies that contain toxic substances pose a serious and significant danger to the health and safety of school children. The general assembly also finds that school children are not sufficiently protected by present health laws in that materials that may threaten adverse health effects are not so labeled and, therefore, children are not properly warned as to the dangers inherent in the use of those materials.
Acts 1985, ch. 348, § 1.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 50 - MISCELLANEOUS (§§ 49-50-101 — 49-50-1703) › Part 12 - TOXIC ART SUPPLIES (§§ 49-50-1201 — 49-50-1204) › Section 49-50-1202 - Part definitions

As used in this part, unless the content otherwise requires:
(1)
"Art supplies" means any raw or processed material or manufactured product marketed or being represented by the manufacturer or repackager as being suitable for use in the demonstration or the creation of any work of visual or graphic art of any medium. These media may include, but shall not be limited to, paintings, drawings, prints, sculpture, ceramics, enamels, jewelry, stained glass, plastic sculpture, photographs and leather and textile goods; and
(2)
"Toxic substance" means any substance that has the capacity to produce personal injury or illness to humans through ingestion, inhalation or absorption through any body surface.
Acts 1985, ch. 348, § 2.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 50 - MISCELLANEOUS (§§ 49-50-101 — 49-50-1703) › Part 12 - TOXIC ART SUPPLIES (§§ 49-50-1201 — 49-50-1204) › Section 49-50-1203 - Certification of art supplies as nontoxic - Examination

(a)
For each academic year, art supplies purchased by any school or school district for use by students in kindergarten (K) and grades one through six (1-6) shall be certified nontoxic by the Arts and Creative Materials Institute (ACMI) and shall bear the approved product (AP) or certified product (CP) seal certifying that the product is safe and contains no materials in sufficient quantities to be toxic or injurious to children.
(b)
At the request of the commissioner of education, the commissioner of agriculture shall examine any art supply purchased by an LEA for unsafe levels of lead.
Acts 1985, ch. 348, § 3; 2008, ch. 862, § 1.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 50 - MISCELLANEOUS (§§ 49-50-101 — 49-50-1703) › Part 12 - TOXIC ART SUPPLIES (§§ 49-50-1201 — 49-50-1204) › Section 49-50-1204 - Lists of art supplies certified nontoxic

(a)
The commissioner of education shall make access to the list of art supplies that are certified nontoxic by the Arts and Creative Materials Institute (ACMI) available to all school districts in this state and shall make the list available to preschools, childcare centers and other businesses and organizations that involve children in the use of art supplies.
(b)
The commissioner of education shall inform school districts of the requirements of this part and shall encourage school districts to dispose of art supplies that do not bear the approved product (AP) or certified product (CP) seal certifying that the product is safe and contains no materials in sufficient quantities to be toxic or injurious to children.
(c)
The commissioner of education shall post on the website of the department appropriate resources for identifying whether a product is certified nontoxic by the Arts and Creative Materials Institute (ACMI) and other information concerning the safety of art supplies as deemed appropriate by the commissioner.
Acts 1985, ch. 348, § 4; 2008, ch. 862, § 2.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 50 - MISCELLANEOUS (§§ 49-50-101 — 49-50-1703) › Part 13 - TENNESSEE FOREIGN LANGUAGE INSTITUTE (§§ 49-50-1301 — 49-50-1308) › Section 49-50-1301 - [Repealed]

Repealed by 2018 Tenn. Acts, ch. 932, s 1, eff. 7/1/2018.
Acts 1986, ch. 801, § 1.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 50 - MISCELLANEOUS (§§ 49-50-101 — 49-50-1703) › Part 13 - TENNESSEE FOREIGN LANGUAGE INSTITUTE (§§ 49-50-1301 — 49-50-1308) › Section 49-50-1302 - [Repealed]

Repealed by 2018 Tenn. Acts, ch. 932, s 1, eff. 7/1/2018.
Acts 1986, ch. 801, § 2.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 50 - MISCELLANEOUS (§§ 49-50-101 — 49-50-1703) › Part 13 - TENNESSEE FOREIGN LANGUAGE INSTITUTE (§§ 49-50-1301 — 49-50-1308) › Section 49-50-1303 - [Repealed]

Repealed by 2018 Tenn. Acts, ch. 932, s 1, eff. 7/1/2018.
Acts 1986, ch. 801, § 3.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 50 - MISCELLANEOUS (§§ 49-50-101 — 49-50-1703) › Part 13 - TENNESSEE FOREIGN LANGUAGE INSTITUTE (§§ 49-50-1301 — 49-50-1308) › Section 49-50-1304 - [Repealed]

Repealed by 2018 Tenn. Acts, ch. 932, s 1, eff. 7/1/2018.
Acts 1986, ch. 801, § 4; 2005, ch. 415, § 1.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 50 - MISCELLANEOUS (§§ 49-50-101 — 49-50-1703) › Part 13 - TENNESSEE FOREIGN LANGUAGE INSTITUTE (§§ 49-50-1301 — 49-50-1308) › Section 49-50-1305 - [Repealed]

Repealed by 2018 Tenn. Acts, ch. 932, s 1, eff. 7/1/2018.
Acts 1986, ch. 801, § 5; 1990, ch. 702, §§ 4, 5.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 50 - MISCELLANEOUS (§§ 49-50-101 — 49-50-1703) › Part 13 - TENNESSEE FOREIGN LANGUAGE INSTITUTE (§§ 49-50-1301 — 49-50-1308) › Section 49-50-1306 - [Repealed]

Repealed by 2018 Tenn. Acts, ch. 932, s 1, eff. 7/1/2018.
Acts 1986, ch. 801, § 6; 1990, ch. 1014, § 1.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 50 - MISCELLANEOUS (§§ 49-50-101 — 49-50-1703) › Part 13 - TENNESSEE FOREIGN LANGUAGE INSTITUTE (§§ 49-50-1301 — 49-50-1308) › Section 49-50-1307 - [Repealed]

Repealed by 2018 Tenn. Acts, ch. 932, s 1, eff. 7/1/2018.
Acts 1986, ch. 801, § 7.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 50 - MISCELLANEOUS (§§ 49-50-101 — 49-50-1703) › Part 13 - TENNESSEE FOREIGN LANGUAGE INSTITUTE (§§ 49-50-1301 — 49-50-1308) › Section 49-50-1308 - [Repealed]

Repealed by 2018 Tenn. Acts, ch. 932, s 1, eff. 7/1/2018.
Acts 1986, ch. 801, § 8.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 50 - MISCELLANEOUS (§§ 49-50-101 — 49-50-1703) › Part 14 - EDUCATION TRUTH IN REPORTING AND EMPLOYEE PROTECTION ACT OF 1989 (§§ 49-50-1401 — 49-50-1411) › Section 49-50-1401 - Short title

This part shall be known and may be cited as the "Education Truth in Reporting and Employee Protection Act of 1989."
Acts 1989, ch. 444, § 1.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 50 - MISCELLANEOUS (§§ 49-50-101 — 49-50-1703) › Part 14 - EDUCATION TRUTH IN REPORTING AND EMPLOYEE PROTECTION ACT OF 1989 (§§ 49-50-1401 — 49-50-1411) › Section 49-50-1402 - Purpose

(a)
The purpose of this part is to discourage persons, whether employed, elected or appointed, who are required to furnish statistical data, reports or other information to local or state departments, agencies or legislative bodies, from knowingly and willfully making or causing to be made any false or inaccurate compilation of statistical data, reports or information related to the operation of an LEA as defined in §
49-1-103
. It is the intent of the general assembly to reduce the waste and mismanagement of public education funds, to reduce abuses in governmental authority and to prevent illegal and unethical practices.
(b)
To help achieve these objectives, the general assembly declares that public education employees should be encouraged to disclose information on actions of LEAs that are not in the public interest and that legislation is needed to ensure that any employee making those disclosures shall not be subject to disciplinary measures, discrimination or harassment by any public official.
Acts 1989, ch. 444, § 2.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 50 - MISCELLANEOUS (§§ 49-50-101 — 49-50-1703) › Part 14 - EDUCATION TRUTH IN REPORTING AND EMPLOYEE PROTECTION ACT OF 1989 (§§ 49-50-1401 — 49-50-1411) › Section 49-50-1403 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Disciplinary action" means any direct or indirect form of discipline or penalty, including, but not limited to, dismissal, demotion, transfer, reassignment, suspension, reprimand, admonishment, reduction in force, withholding of work, unsatisfactory or below standard performance evaluation or the threat of such discipline or penalty;
(2)
"Disclosure of information" means the written provision of evidence to any person, the department of education, a legislator or individual employee of the department or general assembly, or testimony before any committee of the general assembly, regarding any action, policy, regulation, practice or procedure, including, but not limited to, the waste of public education funds, mismanagement, falsification of state required reports, inaccurate compilation of statistical data or reports or abuse of authority by locally employed, elected or appointed officials or employees of an LEA; and
(3)
"Person" or "persons" includes members of the local board of education, the director of the school system, supervisors, principals and other individual school system employees.
Acts 1989, ch. 444, § 3.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 50 - MISCELLANEOUS (§§ 49-50-101 — 49-50-1703) › Part 14 - EDUCATION TRUTH IN REPORTING AND EMPLOYEE PROTECTION ACT OF 1989 (§§ 49-50-1401 — 49-50-1411) › Section 49-50-1404 - False statements to state or government employees, officials or entities

No person or persons required by state law, or rules or regulations promulgated pursuant to those laws to collect, manage, review and maintain accurate records pertaining to the operation of an LEA shall knowingly and willfully make or cause to be made any false statement in any detail of statistical or financial data, reports or other information requested or required by a state official, employee, agency, department, board, commission or other body in the executive branch of state government, or any board, commission, committee, member or employee of the legislative branch of state government.
Acts 1989, ch. 444, § 4.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 50 - MISCELLANEOUS (§§ 49-50-101 — 49-50-1703) › Part 14 - EDUCATION TRUTH IN REPORTING AND EMPLOYEE PROTECTION ACT OF 1989 (§§ 49-50-1401 — 49-50-1411) › Section 49-50-1405 - False statements to law enforcement agencies or the judiciary

No person or persons required by state law, or rules or regulations promulgated pursuant to those laws, to collect, manage, review and maintain accurate records pertaining to the operation of an LEA shall knowingly and willfully make or cause to be made any false statement in any detail of statistical or financial data, reports, board minutes or other information requested or required by law enforcement agencies, the judiciary or any member or employee of a law enforcement agency or the judiciary.
Acts 1989, ch. 444, § 5.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 50 - MISCELLANEOUS (§§ 49-50-101 — 49-50-1703) › Part 14 - EDUCATION TRUTH IN REPORTING AND EMPLOYEE PROTECTION ACT OF 1989 (§§ 49-50-1401 — 49-50-1411) › Section 49-50-1406 - Penalties

Should any person be found guilty of knowingly and willfully making or causing to be made any false statement or report or otherwise violating the requirements of §§
49-50-1404
and
49-50-1405
, that person shall forfeit all pay and compensation for the position held for a period not to exceed one (1) year, be subject to dismissal, removal or ouster from the office or position and be ineligible for election or appointment for the same or a similar position for five (5) years.
Acts 1989, ch. 444, § 6.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 50 - MISCELLANEOUS (§§ 49-50-101 — 49-50-1703) › Part 14 - EDUCATION TRUTH IN REPORTING AND EMPLOYEE PROTECTION ACT OF 1989 (§§ 49-50-1401 — 49-50-1411) › Section 49-50-1407 - Liability to agency or department

Any person found to have personally profited from any violation of §§
49-50-1404
and
49-50-1405
shall be liable to the affected LEA or state department or agency in an amount not to exceed actual money expended or lost and not administratively recoverable, plus the costs of any legal proceedings initiated by the affected LEA or state department or agency.
Acts 1989, ch. 444, § 7.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 50 - MISCELLANEOUS (§§ 49-50-101 — 49-50-1703) › Part 14 - EDUCATION TRUTH IN REPORTING AND EMPLOYEE PROTECTION ACT OF 1989 (§§ 49-50-1401 — 49-50-1411) › Section 49-50-1408 - Reports of alleged falsification, waste or mismanagement

(a)
Any person having knowledge of a knowing or willful falsification within the meaning of §§
49-50-1404
and
49-50-1405
or the waste or mismanagement of public education funds may report or disclose the falsification, waste or mismanagement to the department of education or committee of the general assembly or individual official, member or employee of the department or committee.
(b)
The department shall make a thorough investigation of any written report of falsification, waste or mismanagement. No investigation of anonymous reports shall be required by this part. Reports of alleged falsification, waste or mismanagement shall be confidential only to the extent the person reporting requests that the person's name not be revealed.
(c)
No penalty shall attach to the failure to report and a person reporting shall be presumed to be acting in good faith and shall thereby be immune from any liability, civil or criminal, that might otherwise be incurred or imposed for the reporting.
Acts 1989, ch. 444, § 8.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 50 - MISCELLANEOUS (§§ 49-50-101 — 49-50-1703) › Part 14 - EDUCATION TRUTH IN REPORTING AND EMPLOYEE PROTECTION ACT OF 1989 (§§ 49-50-1401 — 49-50-1411) › Section 49-50-1409 - Civil action against party causing disciplinary action against reporting person

(a)
Any person reporting under this part shall have a civil cause of action against any person or employer who causes a disciplinary action or threat of disciplinary action against the reporting person. An action commenced pursuant to this part may seek appropriate injunctive relief or damages for each violation of this section.
(b)
A court, in rendering a judgment over a disciplinary action against a person reporting pursuant to this part, shall order, as the court considers appropriate, reinstatement, payment of back wages, full reinstatement of fringe benefits and seniority rights, actual damages, or any combination of these remedies. A court may also award the complainant all or a portion of the costs of litigation, including reasonable attorney fees.
Acts 1989, ch. 444, § 9.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 50 - MISCELLANEOUS (§§ 49-50-101 — 49-50-1703) › Part 14 - EDUCATION TRUTH IN REPORTING AND EMPLOYEE PROTECTION ACT OF 1989 (§§ 49-50-1401 — 49-50-1411) › Section 49-50-1410 - Collective bargaining agreements and other statutes

(a)
This part shall not be construed to diminish or impair the rights of a person under any collective bargaining agreement or as repealing any law now in force making it illegal for public employees or officials, elected or appointed, to violate certain statutes and providing a punishment for the violation.
(b)
Proceedings under this part shall not be a bar to proceedings under any criminal, removal or ouster statute now in force or that may be in force.
Acts 1989, ch. 444, § 10.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 50 - MISCELLANEOUS (§§ 49-50-101 — 49-50-1703) › Part 14 - EDUCATION TRUTH IN REPORTING AND EMPLOYEE PROTECTION ACT OF 1989 (§§ 49-50-1401 — 49-50-1411) › Section 49-50-1411 - Notice

LEAs shall post notices and use other appropriate means to keep employees informed of their protections and rights under this part.
Acts 1989, ch. 444, § 11.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 50 - MISCELLANEOUS (§§ 49-50-101 — 49-50-1703) › Part 15 - EDUCATIONAL RECORDS AS EVIDENCE ACT (§§ 49-50-1501 — 49-50-1509) › Section 49-50-1501 - Short title

This part shall be known and may be cited as the "Educational Records as Evidence Act."
Acts 2002, ch. 621, § 2.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 50 - MISCELLANEOUS (§§ 49-50-101 — 49-50-1703) › Part 15 - EDUCATIONAL RECORDS AS EVIDENCE ACT (§§ 49-50-1501 — 49-50-1509) › Section 49-50-1502 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Custodian" means the educational record practitioner and the administrator or other chief officer of an educational institution in this state and its proprietor, as well as their deputies and assistants, and any other persons who are official custodians or depositories of records;
(2)
"Educational institution" means a public, private or parochial school providing education to students in the twelfth grade or below or a public or private postsecondary institution providing education to students at a level above the twelfth grade;
(3)
"Eligible student" means a student who has reached eighteen (18) years of age or is attending a postsecondary institution;
(4)
"Parent" means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian; and
(5)
"Student record" means an educational record that is directly related to a student and is maintained by an educational institution or by a party acting for the institution.
Acts 2002, ch. 621, § 3; 2003, ch. 36, § 1.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 50 - MISCELLANEOUS (§§ 49-50-101 — 49-50-1703) › Part 15 - EDUCATIONAL RECORDS AS EVIDENCE ACT (§§ 49-50-1501 — 49-50-1509) › Section 49-50-1503 - Subpoena duces tecum service and filing

(a)
Except as provided in §
49-50-1508
, when a subpoena duces tecum is served upon a custodian of records of any educational institution in this state in an action or proceeding in which the educational institution is neither a party nor the place where any cause of action is alleged to have arisen, and the subpoena requires the production of all or any part of the records of the educational institution or of the educational institution's present or past student, it shall be sufficient compliance with the subpoena if the custodian or other officer of the educational institution within twenty (20) days after being served with a subpoena duces tecum, shall, either by personal delivery or certified or registered mail, file with the court clerk or the officer, body or tribunal conducting the hearing, a true and correct copy, which may be a copy reproduced on film or other reproducing material by microfilming, photographing, photostating, or other approximate process, or a facsimile, exemplification, or copy of such reproduction or copy, of all records described in the subpoena. Before complying with a subpoena for student records, the educational institution shall make a reasonable effort to notify the parent or the eligible student of the subpoena, so that the parent or eligible student may seek protective action, unless the subpoena was issued by a federal grand jury or for a law enforcement purpose and the court or other issuing agency ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed.
(b)
Any party intending to use this section shall furnish the adverse party or the adverse party's attorney a copy of the subpoena duces tecum no less than ten (10) days prior to the date set for the hearing of the matter for which the records may be subpoenaed.
Acts 2002, ch. 621, § 4; 2003 , ch. 36, § 2.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 50 - MISCELLANEOUS (§§ 49-50-101 — 49-50-1703) › Part 15 - EDUCATIONAL RECORDS AS EVIDENCE ACT (§§ 49-50-1501 — 49-50-1509) › Section 49-50-1504 - Production of subpoenaed records

The copy of the records shall be separately enclosed in an inner envelope or wrapper, sealed, with the title and number of the action, name of witness and date of subpoena clearly inscribed thereon. The custodian of the record shall affix to the sealed envelope or wrapper containing student records an affidavit stating that each eligible student or parent of a student whose records are within the sealed envelope or wrapper was notified of the subpoena prior to compliance and the date on which the eligible student or parent was notified, unless the subpoena was issued by a federal grand jury or for a law enforcement purpose and the court or other issuing agency ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed. The sealed envelope or wrapper shall then be enclosed in an outer envelope or wrapper, sealed, and directed as follows:
(1)
If the subpoena directs attendance in court, to the clerk of the court or to the judge of the court;
(2)
If the subpoena directs attendance at a deposition, to the officer before whom the deposition is to be taken, at the place designated in the subpoena for the taking of the deposition, or at the officer's place of business; and
(3)
In other cases, to the officer, body or tribunal conducting the hearing, at a like address.
Acts 2002, ch. 621, § 5; 2003, ch. 36, § 3.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 50 - MISCELLANEOUS (§§ 49-50-101 — 49-50-1703) › Part 15 - EDUCATIONAL RECORDS AS EVIDENCE ACT (§§ 49-50-1501 — 49-50-1509) › Section 49-50-1505 - Unsealing subpoenaed records - Duties of custodian and issuing attorney

(a)
(1)
Unless the sealed envelope or wrapper is returned to a witness who is to appear personally, the copy of records shall remain sealed and shall be opened only at the time of trial, deposition or other hearing, upon the direction of the judge, court, officer, body or tribunal conducting the proceeding, in the presence of all parties who have appeared in person or by counsel at such trial, deposition or hearing. Before directing that the inner envelope or wrapper be opened, the judge, court, officer, body or tribunal shall first ascertain that:
(A)
(i)
The custodian's affidavit attesting notification of each eligible student or parent of a student whose records are contained within the sealed envelope or wrapper is affixed;
(ii)
The eligible student or parent has had sufficient time in which to move to quash the subpoena; and
(iii)
No motion to quash the subpoena is pending; and
(B)
(i)
The records have been subpoenaed at the instance of a student or parent of a student involved or the student's or parent's counsel of record;
(ii)
The student or parent involved or someone authorized in the student's or parent's behalf to do so for the student or parent has consented thereto and waived any privilege of confidentiality involved; or
(iii)
The records have been subpoenaed in a criminal proceeding.
(2)
Records that are not introduced in evidence or required as part of the record shall be returned to the person or entity from whom they were received.
(b)
(1)
Upon receipt of a subpoena, the custodian shall send the records to the attorney responsible for the issuance of the subpoena at the place and on or before the date designated in the subpoena, if the subpoena:
(A)
States conspicuously on its face that the records are required in a tort action or domestic relations proceeding in which the student or parent has raised the issue of the student's education level, performance or attendance; and
(B)
Directs the custodian's attendance at a deposition.
(2)
Before opening the sealed records, the attorney responsible for the issuance of the subpoena shall ascertain that:
(A)
The custodian's affidavit attesting notification of each eligible student or parent of a student whose records are contained within the sealed envelope or wrapper is affixed;
(B)
Each eligible student or parent has had sufficient time in which to move to quash the subpoena; and
(C)
No motion to quash the subpoena is pending.
(3)
The attorney responsible for the issuance of the subpoena need not meet the requirements of subdivision (a)(2) if the attorney furnishes a copy of the records to the adversary party or their counsel.
Acts 2002, ch. 621, § 6; 2003, ch. 36, § 4.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 50 - MISCELLANEOUS (§§ 49-50-101 — 49-50-1703) › Part 15 - EDUCATIONAL RECORDS AS EVIDENCE ACT (§§ 49-50-1501 — 49-50-1509) › Section 49-50-1506 - Custodian affidavit - Costs

(a)
The records shall be accompanied by an affidavit of a custodian stating in substance:
(1)
That the affiant is the duly authorized custodian of the records and has authority to certify the records;
(2)
That the copy is a true copy of all the records described in the subpoena;
(3)
That the records were prepared by the personnel of the educational institution or persons acting under the educational institution's control in the ordinary course of business at or near the time of the act, condition or event reported therein; and
(4)
Certifying the amount of the reasonable charges of the educational institution for furnishing the copies of the record.
(b)
If the educational institution has none or only a portion of the records described, the custodian shall so state in the affidavit and file the affidavit and the records that are available in the manner described in §§
49-50-1503
and
49-50-1504
.
(c)
The filing of the affidavit with respect to reasonable charges shall be sufficient proof of the expense, which shall be taxed as costs of court.
Acts 2002, ch. 621, § 7; 2003 , ch. 36, § 5.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 50 - MISCELLANEOUS (§§ 49-50-101 — 49-50-1703) › Part 15 - EDUCATIONAL RECORDS AS EVIDENCE ACT (§§ 49-50-1501 — 49-50-1509) › Section 49-50-1507 - Evidentiary value of record copies and affidavits

(a)
The copy of the record shall be admissible in evidence to the same extent as though the original of the record were offered and the custodian had been present and testified to the matters stated in the affidavit.
(b)
(1)
The affidavit shall be admissible in evidence and the matters stated in the affidavit shall be presumed true in the absence of a preponderance of evidence to the contrary.
(2)
When more than one (1) person has knowledge of the facts, more than one (1) affidavit may be made.
Acts 2002, ch. 621, § 8.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 50 - MISCELLANEOUS (§§ 49-50-101 — 49-50-1703) › Part 15 - EDUCATIONAL RECORDS AS EVIDENCE ACT (§§ 49-50-1501 — 49-50-1509) › Section 49-50-1508 - Requiring personal attendance of custodian - Costs

(a)
Where the personal attendance of the custodian is required, the subpoena duces tecum shall contain a clause that reads: "The procedure authorized pursuant to §
49-50-1503
will not be deemed sufficient compliance with this subpoena."
(b)
Where both the personal attendance of the custodian and the production of the original record are required, the subpoena duces tecum shall contain a clause that reads: "Original records are required, and the procedure authorized pursuant to §
49-50-1503
will not be deemed sufficient compliance with this subpoena."
(c)
Where the personal attendance of the custodian is required, the reasonable cost of attendance and producing the records shall be taxed as costs of court.
Acts 2002, ch. 621, § 9.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 50 - MISCELLANEOUS (§§ 49-50-101 — 49-50-1703) › Part 15 - EDUCATIONAL RECORDS AS EVIDENCE ACT (§§ 49-50-1501 — 49-50-1509) › Section 49-50-1509 - Substitution and preparation of record copies

(a)
In view of the property right of the educational institution in its records, original records may be withdrawn after introduction into evidence and copies substituted, unless otherwise directed for good cause by the court, judge, officer, body or tribunal conducting the hearing.
(b)
The custodian may prepare copies of original records in advance of testifying for the purpose of making substitution of the original record, and the reasonable charges for making the copies shall be taxed as costs of court.
(c)
If copies are not prepared in advance, they can be made and substituted at any time after introduction of the original record; and the reasonable charges for making the copies shall be taxed as costs of court.
Acts 2002, ch. 621, § 10; 2003, ch. 36, § 6.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 50 - MISCELLANEOUS (§§ 49-50-101 — 49-50-1703) › Part 16 - SELF-ADMINISTRATION OF PRESCRIBED MEDICATIONS AND OTHER TREATMENTS (§§ 49-50-1601 — 49-50-1604) › Section 49-50-1601 - Self-administration of pancreatic enzymes

(a)
As used in this section:
(1)
"Emergency care plan" (ECP) means a child-specific action plan to facilitate quick and appropriate responses for an individual emergency in the school setting;
(2)
"Individualized healthcare plan" (IHP) means a written plan of care developed at the local level to outline the provision of student healthcare services intended to achieve specific student outcomes. The IHP is part of the nursing process that is detailed in the National Association of School Nurses Position Statement: Individualized Healthcare Plans, The Role of the School Nurse (2013);
(3)
"Pancreatic insufficiency" means a disorder of the digestive system. Pancreatic insufficiency may include the diagnosis of cystic fibrosis, a chronic disease that affects the lungs and digestive system.
(b)
Self-administration in accordance with this section shall permit a student diagnosed with pancreatic insufficiency or cystic fibrosis to self-manage prescribed pancreatic enzyme therapy in the manner directed by the licensed healthcare provider without additional assistance or direction.
(c)
An emergency care plan (ECP) may be a component of a student's individualized healthcare plan (IHP). The ECP shall specify when the emergency number (911) will be called and describe a plan of action when the student is unable to self-administer medication or self-manage treatment as prescribed.
(d)
(1)
An IHP under this section shall be developed by a registered nurse (RN) in collaboration with the family, student, student's healthcare providers, and school personnel for the management of pancreatic insufficiency or cystic fibrosis while in school, participating in school-sponsored activities, and in transit to or from school or school-sponsored activities.
(2)
The IHP shall be child-specific and shall address or include:
(A)
A written format for nursing assessment that includes health status, risks, concerns, and strengths;
(B)
Nursing diagnoses;
(C)
Interventions;
(D)
Delegation;
(E)
Training;
(F)
Expected outcomes; and
(G)
Goals to:
(i)
Meet the healthcare needs of a student with pancreatic insufficiency or cystic fibrosis; and
(ii)
Protect the safety of all students from the misuse or abuse of medication.
(e)
With written authorization from the healthcare provider and parent, a student with pancreatic insufficiency or cystic fibrosis shall be allowed to carry and self-administer prescribed pancreatic enzymes.
Added by 2015 Tenn. Acts, ch. 321,s 1, eff. 7/1/2015.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 50 - MISCELLANEOUS (§§ 49-50-101 — 49-50-1703) › Part 17 - HOMELESS STUDENT STABILITY AND OPPORTUNITY GAP ACT (§§ 49-50-1701 — 49-50-1703) › Section 49-50-1701 - Part definitions

As used in this part, "homeless child or youth" and "homeless student" have the same meaning as "homeless children and youths" in the McKinney-Vento Homeless Assistance Act (
42 U.S.C. § 11434a(2)
).
Added by 2018 Tenn. Acts, ch. 1020,s 2, eff. 7/1/2018.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 50 - MISCELLANEOUS (§§ 49-50-101 — 49-50-1703) › Part 17 - HOMELESS STUDENT STABILITY AND OPPORTUNITY GAP ACT (§§ 49-50-1701 — 49-50-1703) › Section 49-50-1702 - LEAs' duties to homeless students - Technical assistance for homeless-student liaisons

(a)
In accordance with the McKinney-Vento Homeless Assistance Act (
42 U.S.C. § 11431
et seq.), LEAs must:
(1)
Provide educational services and support to homeless students; and
(2)
Designate a local liaison responsible for ensuring homeless students are identified and have a full and equal opportunity to succeed in school.
(b)
The department of education shall provide technical assistance to homeless-student liaisons as needed.
Added by 2018 Tenn. Acts, ch. 1020,s 2, eff. 7/1/2018.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 50 - MISCELLANEOUS (§§ 49-50-101 — 49-50-1703) › Part 17 - HOMELESS STUDENT STABILITY AND OPPORTUNITY GAP ACT (§§ 49-50-1701 — 49-50-1703) › Section 49-50-1703 - Obtaining minor's birth certificate and state-issued identification card for homeless child

A minor may obtain a copy of the minor's birth certificate from the department of health and a state-issued identification card from the department of safety; provided, that the minor has been verified as a homeless child or youth by at least one (1) of the following:
(1)
A director or designee of a governmental or nonprofit agency that receives public or private funding to provide services to homeless people;
(2)
An LEA liaison for homeless children or youth designated pursuant to
42 U.S.C. § 11432(g)(1)(J)(ii)
, or a school social worker or counselor;
(3)
The director of a federal TRIO program or Gaining Early Awareness and Readiness for Undergraduate Programs program, or the director's designee; or
(4)
A financial aid administrator.
Added by 2018 Tenn. Acts, ch. 1020,s 2, eff. 7/1/2018.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 1 - EMPLOYMENT RELATIONSHIP AND PRACTICES (§§ 50-1-101 — 50-1-1004) › Part 1 - HIRING PRACTICES (§§ 50-1-101 — 50-1-110) › Section 50-1-101 - Memorandum of understanding with the department of homeland security for enforcement of federal immigration laws

(a)
For purposes of enforcing federal immigration laws, including, if applicable, federal laws relating to the employment of illegal aliens, the legislative body of a municipality or county, or the chief law enforcement officer of the county upon approval by the governing legislative body, may enter into a written agreement, in accordance with federal law, between the municipality or county and the United States department of homeland security concerning the enforcement of federal immigration laws, detention and removals, and investigations in the municipality or county.
(b)
If a memorandum of understanding with the United States department of homeland security is executed pursuant to subsection (a), municipal and county law enforcement officers shall be designated from local law enforcement agencies who, by written designation and recommendation of a commanding officer, shall be trained pursuant to the memorandum of understanding. Funding for the training shall be provided pursuant to the federal Homeland Security Appropriation Act of 2006, Pub. L. No. 109-90, or subsequent federal funding sources.
Acts 2007 , ch. 529, § 2.