Title 49, Education

This part shall be known and may be cited as the “Tennessee Student Religious Liberty Act of 1997.”

(a) The general assembly finds the following:(1) Judicial decisions concerning religion, free speech and public education are widely misunderstood and misapplied;(2) Confusion surrounding these decisions has caused some to be less accommodating of the religious liberty and free s…

(1) As used in this part, unless the context otherwise requires:(1) “Establishment clause” means the portion of the first amendment to the United States constitution that forbids laws respecting an establishment of religion;(2) “Free exercise clause” means the portion of the firs…

(a) A student shall have the right to carry out an activity described in any of subdivisions (b)(1)-(4), if the student does not:(1) Infringe on the rights of the school to:(A) Maintain order and discipline;(B) Prevent disruption of the educational process; and(C) Determine educa…

(a) Nothing in this part shall be construed to affect, interpret or in any way address the establishment clause. (b) The specification of religious liberty or free speech rights in §§ 49-6-2901 — 49-6-2906 shall not be construed to exclude or limit religious liberty or free speec…

Nothing in this part shall be construed to support, encourage or permit a teacher, administrator or other employee of the public schools to lead, direct or encourage any religious or antireligious activity in violation of that portion of the first amendment of the United States c…

(a) LEAs and school administrators may not prohibit personnel from participating in religious activities on school grounds that are initiated by students at reasonable times before or after the instructional day so long as such activities are voluntary for all parties and do not …

(a) The public schools are free to all persons residing within the state who are above five (5) years of age, or who will become five (5) years of age on or before August 15. (b) (1) Any child residing within the state who is five (5) years of age, or who will become five (5) yea…

(a) The state board of education shall promulgate rules, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, that prescribe guidelines for use by local boards of education in establishing standards and policies governing student attendanc…

(a) (1) No tuition or fee shall be charged by any city or special school district except to pupils residing outside the city or district.(2) Tuition or fees that may be charged to pupils residing outside the city or district but within the county shall not exceed per pupil, per a…

(a) Each public school system shall maintain a term of no less than two hundred (200) days, divided as follows:(1) One hundred eighty (180) days for classroom instruction;(2) Ten (10) days for vacation with pay for a two hundred-day term, eleven (11) days for vacation with pay fo…

(a) The following classes of children between six (6) and seventeen (17) years of age, both inclusive, shall be temporarily excused from complying with this part, the local board of education to be sole judge in all such cases involving children who are enrolled in a public schoo…

(a) The sole responsibility and authority for the enforcement of the compulsory attendance laws, compiled in this part, are placed in the local board of education and its designated employees and officers. (b) To facilitate the enforcement of the compulsory attendance laws, the d…

(a) By the beginning of each school year, the director of schools shall furnish, or cause to be furnished through the attendance supervisor, to the principal of each school a list of students who will attend the school together with the names of the students' parents or guardians…

(a) The director of schools of any local school system, or the director of schools' designated representative, has the right to visit and enter any office, factory or business house employing children belonging to schools within the director of schools' jurisdiction and to requir…

(a) Any parent, guardian, or other person who has control of a child, and who violates this part commits educational neglect, which is a Class C misdemeanor. (b) Each day's unlawful absence constitutes a separate offense. (c) A director of schools or attendance supervisor shall d…

(a) “Elementary schools” are schools serving any combination of kindergarten through grade six (K-6). For purposes of federal funding, “elementary schools” are schools serving any combination of pre-kindergarten through grade six (pre-K-6). (b) “Middle schools” are schools design…

(a) Each judge of a juvenile court or court of general sessions is vested with the power to hear all cases coming within this part; provided, that in all cities maintaining a separate system of schools, the city recorder or city judge may try such cases coming within the official…

All moneys collected as fines for violations of this part shall be placed in the public school fund of the local school system in which the child resides. Fines may be recovered by rule or in any way that a court of law enforces its orders or decrees.

(a) The board of education having charge of the public schools of any local school system having a population of ten thousand (10,000) or more, according to the federal census of 1950 or any subsequent federal census, may establish a truancy school, either within or without the c…

If satisfactory proof is presented that any child is unable to attend school as required by this part because the child is not able to procure books, the local board of education having charge of the school to which the child belongs shall purchase the books out of the public sch…

(a) If it is ascertained by any local board of education that any child who is required under this part to attend a school under the control of the board is unable to do so on account of lack of clothing or food, such case shall be reported to the welfare agency in the school dis…

(a) Thanksgiving Day and December 25 are set apart as holidays for all the public schools, and boards of education are authorized to pay the salary of teachers of all schools that have not closed their term for the year at the same rate as if the teachers had taught school on tho…

(a) For purposes of this section:(1) Suspension or expulsion from school or confinement in a correctional institution is not a “circumstance beyond the control of the person”;(2) [Deleted by 2022 amendment.](3) “Withdrawal” means more than ten (10) consecutive or fifteen (15) day…

A child who serves as a page of the general assembly during the school year, either at regular or special sessions, shall be credited as present by the school in which the child is enrolled in the same manner as an educational field trip. The child's participation as a page shall…

(a) Notwithstanding any other law to the contrary, if a student's parent, custodian or other person with legal custody or control of the student is a member of the United States armed forces, including a member of a state national guard or a reserve component called to federal ac…

(a) There shall be established and maintained in each local school district as many elementary schools as necessary for the instruction of all the children in the school district. This shall not be construed as to invalidate §§ 49-2-501 — 49-2-503 or § 49-2-1001. (b) It is the du…

(a) An LEA shall document a student's withdrawal from a school and transfer to another school, system or state through the best information available. Such information may include documentation provided by relatives or community contacts, court documents, requests for records fro…

(a) This part shall apply to a student's attendance at any remedial instruction that is required by the student's school including, but not limited to, programs conducted during the summer and after the conclusion of the regular school day. The decision to require a student's att…

(a) A school principal or the principal's designee may excuse a student from school attendance to participate in a nonschool-sponsored extracurricular activity, if the following conditions are met:(1) The student provides documentation to the school as proof of the student's part…

(a) The department of education shall develop rules to be adopted by the state board of education to ensure students incarcerated in detention centers licensed by the department of children's services under § 37-5-502 are provided educational services by an LEA serving the county…

(a) The department of education, in consultation with juvenile court officials, shall review all current laws and policies related to exclusionary discipline practices in public schools for students in pre-kindergarten through kindergarten (pre-K-K). For purposes of this section,…

(a) As used in this section, “investigating agency” means the department of children's services or a law enforcement agency that is conducting a child abuse or child neglect investigation. (b) A parent, guardian, or other legal custodian required to cause a child to attend school…

(a) A student who participates in an activity or program sponsored by 4-H must be credited as present by the school in which the student is enrolled in the same manner as an educational field trip. Notwithstanding § 49-6-3022, a school principal, or the principal's designee, shal…

A student who is appointed to serve as the public high school student member of the state board of education pursuant to § 49-1-301 must be credited as present by the public high school in which the student is enrolled for the time the student spends in the performance of the stu…

(a) (1) Each LEA shall employ or contract with school counselors for pre-kindergarten through grade twelve (pre-K-12).(2) The school counseling program shall be established and operated under guidelines adopted by the state board of education.(3) The state board of education shal…

(a) Every elementary and secondary school shall post in a clearly visible location in a public area of the school that is readily accessible to students a sign that contains the toll-free telephone number operated by the department of children's services to receive reports of chi…

(a) As used in this section, “patriotic society” or “society” means a group or organization listed in title 36 of the United States Code that is a youth membership organization with an educational purpose that aligns with the curriculum standards and promotes civic involvement. (…

(a) (1) A “home school” is a school conducted or directed by a parent or parents or a legal guardian or guardians for their own children. Public school facilities may be used by home school participants with the approval of the principal of the school, but this permissive authori…

(a) Notwithstanding any law to the contrary, if a student has at any time been adjudicated delinquent for any offense listed in subsection (b), then the parent, guardian, or legal custodian of the student, including the department of children's services acting in any capacity and…

(a) Each student in grades kindergarten through eight (K-8) shall be given a Scholars Summer Guide prior to the last day of the school year. (b) The Scholars Summer Guide shall be created by teachers, as determined by the school, who are familiar with future academic challenges f…

(a) LEAs shall require schools to provide each high school student in grades nine through twelve (9-12) a scholars prep guide upon registering for a course. (b) The scholars prep guide shall be created by teachers, as determined by the school, who teach that course or are familia…

(a) The department of education shall establish in no less than two (2) public schools a three-year pilot program to improve parent-teacher engagement in any grade from kindergarten through grade two (K-2). Public schools interested in participating in the program shall apply wit…

(a) Each LEA and public charter school shall provide transfer students and home school students who enroll or re-enroll in the LEA or public charter school in good academic standing with equal access to all academic and arts programs, clubs, events, and opportunities offered by t…

(a) A student's gender for purposes of participation in a public middle school or high school interscholastic athletic activity or event must be determined by the student's sex at the time of the student's birth, as indicated on the student's original birth certificate. If a birt…

(a) As used in this section:(1) “Dependent child” means a child of school age who is the natural child, stepchild, or adopted child of a service member; and(2) “Service member” means a member of the United States armed forces who is engaged in active military service. (1) “Depend…