Title 49, Education

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 depa…

There is established a system of public education.

(a) The system of public education in this state is governed in accordance with laws enacted by the general assembly and under rules, policies, standards, and guidelines adopted by the state board of education that are necessary for the proper operation of public education in pre…

(1) As used in this title, unless the context otherwise requires:(1) “Board,” “local board,” or “local board of education” means the board of education that manages and controls the respective local public school system; and(2) “Local education agency (LEA),” “school system,” “pu…

(a) It is the intent of the general assembly that every LEA move expeditiously and promptly toward the goals established in this section, and to that end, neither the commissioner nor the state board of education shall grant waivers from the maximum class sizes established in thi…

It is the intent of the general assembly that every child have an opportunity to succeed educationally. An LEA may permit a child who is legally enrolled in a school within the LEA to complete the year in that school when, during the school year, the custodial parent or parent's …

(a) The general assembly finds and declares that teaching practices in educational institutions that receive public funding for kindergarten through grade twelve (K-12) education should embrace and implement the best practices of models of K-12 education reform including those de…

By October 15, 2024, and each October 15 thereafter, the department shall notify each LEA in writing of all state and federal grants available to assist the LEA in expanding mental health services and resources in schools, including, but not limited to, grants that may be availab…

(a) The department of education shall submit interpretations and directives from the United States department of education regarding the implementation of department rules that provide guidance to this state to the chair of the government operations committee of the house of repr…

(a) There is created a federal education deregulation cooperation task force to prepare this state for the potential of deregulation of federal laws, regulations, requirements, and guidance for kindergarten through grade twelve (K-12) education. The task force consists of seven (…

(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 th…

(1) 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) “…

(a) (1) All persons or entities operating a child care program must be certified by the department of education as provided by this part.(2) (A) The state board of education has authority to issue regulations pursuant to the Uniform Administrative Procedures Act, compiled in titl…

(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 facil…

(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 revocati…

(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 …

(a) If any complaint is made to the department concerning any alleged violation of the laws or regulations governing a child care program, the department shall investigate the complaint and shall take such action as it deems necessary to protect the children in the care of the pr…

(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…

(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 a…

This part shall be known and may be cited as the “Tennessee Educators Protection Act.”

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 privat…

(1) 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 l…

(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 empl…

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 sco…

(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 enforcemen…

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.

(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…

This part is known and may be cited as the “Federal Tax Credit Scholarship Act.”

In accordance with § 25F of the Internal Revenue Code (26 U.S.C. § 25F), the commissioner of education shall elect to participate in the federal tax credit established under § 70411 of Pub. L. No. 119-21 for individuals who make qualified contributions to scholarship granting org…

(a) The department of education shall certify and submit to the secretary of the treasury of the United States and publish on the department's website a list of scholarship granting organizations that meet the requirements of § 25F of the Internal Revenue Code (26 U.S.C. § 25F) a…

The department of education shall comply with all federal regulations pertaining to the administration of the federal tax credit established under 26 U.S.C. § 25F to ensure that the state is eligible to participate in taxable years beginning after December 31, 2026.

In accordance with 26 U.S.C. § 25F and any applicable federal regulation and guidance, qualifying scholarship granting organizations on the list produced pursuant to § 49-1-1303 may provide scholarships for any qualified elementary or secondary education expense, including home s…

(a) The commissioner of education is responsible for the implementation of law or policies established by the general assembly or the state board of education. (b) The commissioner shall attend all meetings of the state board of education and may speak at the meetings and make re…

(a) The department of education shall be organized in divisions that the commissioner, with the approval of the governor, finds necessary, except that there shall be a division of college, career, and military readiness, the head of which shall be an assistant commissioner. The a…

(a) The commissioner of education is authorized to grant waivers to a school that does not comply with the rules and regulations of the state board of education only when officially requested by action of the local board of education. (b) Waivers may be granted for no more than t…

(a) (1) In order to expand driver education throughout the public schools of this state and to promote safety on the highways, the department of education is directed to promote and expand driver education and training courses throughout the public schools of this state.(2) The d…

(a) The department of education shall develop a program of technical support and assistance for LEAs that initiates implementation of family life education in conformity with the guidelines established by the state board of education. (b) The program of technical support and assi…

The departments of education and human services shall develop and implement statewide a joint program of technical assistance, consultative services, workshops, seminars, training opportunities and other appropriate methods of encouragement and support for any LEA that establishe…

(a) The commissioner of education may authorize up to twenty-four (24) school systems or any part thereof to operate as innovative educational programs that emphasize school-based decision making and the creation of small learning communities. Upon authorization of the local boar…

The department, in consultation with the department of health, shall develop a standardized form on which a student with an allergy may report the allergy to the school in which the student is enrolled. The department shall make the form available to all LEAs. An LEA shall requir…

The commissioner of education is authorized to prescribe a management information system through which local school systems maintain, record and report information to the department and information for internal school and system management. The system shall be established by the …

The commissioner shall recommend standards of fiscal accountability and soundness for local school systems to the state board of education, and the state board shall promulgate rules based on these standards to be used in evaluating the fiscal operations of local school systems.

(a) The commissioner of education shall annually publish information on the department's website, including, but not limited to:(1) The results of state-conducted compliance and performance audits of LEAs;(2) Value-added assessment organized by grade band, school, and LEA;(3) Sch…

(a) The state board of education shall establish guidelines whereby the department shall prepare a fiscal analysis of any policy, rule or regulation proposed to the state board by the department if such proposal will financially impact an LEA. (b) The analysis shall, if possible,…

Within available resources, the department may provide technical assistance to LEAs through the implementation of a trainer of trainers model. Each LEA may identify its own technical assistance persons from general and special education to serve local schools. Technical assistanc…

(a) The commissioner of education, in consultation with the commissioner of safety, shall develop advisory guidelines for LEAs to use in developing safe and secure learning environments in schools. Such guidelines shall emphasize consultation at the local level with appropriate l…