(a) Any student who is eligible for enrollment in a public school in this state may enroll in a virtual school as either a full-time virtual school student or as a part-time virtual school student taking some of the student's courses through the virtual school. An LEA is authorized to charge tuition to any person not enrolled in a public school within the LEA for attendance in an LEA established virtual school.
(b) Total enrollment in all of the public virtual schools established by an LEA must not exceed one thousand five hundred (1,500) students; provided, that if the LEA has at least one (1) public virtual school in operation as of January 1, 2026, then the LEA may use the total number of students who were enrolled in the LEA's public virtual schools in the 2025-2026 school year as the LEA's enrollment cap. Beginning in the 2026-2027 school year, if each public virtual school in the LEA demonstrates student achievement growth at a minimum level of “at expectations”, as represented by the Tennessee Value-Added Assessment System (TVAAS) developed pursuant to chapter 1, part 6 of this title and guidelines adopted by the state board of education pursuant to chapter 1, part 3 of this title, then the public virtual schools in the LEA may exceed the enrollment cap established for the LEA pursuant to this subsection (b).
(c) Subsection (b) does not apply to adult high schools providing virtual instruction pursuant to § 49-6-409(b).