Tenn. Comp. R. & Regs. 0520 — Education

Chapter 0520-01-01 Repealed

Tenn. Comp. R. & Regs. 0520-01-01-.01 REPEALED

History

Authority: T.C.A. §§ 49-1-101, 49-1-102, and 49-3-302.
Administrative History: Original rule certified June 10, 1974. Amendment filed June 30, 1975; effective July 30, 1975. Amendment filed January 9, 1979; effective February 23, 1979. Amendment filed October 15, 1979; effective January 8, 1980. Amendment filed November 13, 1981; effective March 16, 1982. Amendment filed June 27, 1984; effective July 27, 1984. Repeal filed June 3, 2025; effective September 1, 2025.

Tenn. Comp. R. & Regs. 0520-01-01-.03 REPEALED

History

Authority: T.C.A. § 49-108.
Administrative History: Original rule filed October 15, 1979; effective January 8, 1980. Repeal filed January 19, 1983; effective April 18, 1983.

Tenn. Comp. R. & Regs. 0520-01-01-.02 REPEALED

History

Authority: T.C.A. § 49-1-306.
Administrative History: Original rule certified June 10, 1974. Repeal and new rule filed May 28, 1986; effective June 27, 1986. Repeal filed June 3, 2025; effective September 1, 2025.

Chapter 0520-01-02 District and School Operations

Tenn. Comp. R. & Regs. 0520-01-02-.01 APPROVAL OF LOCAL EDUCATION AGENCIES (LEAS)

(1) A public school is the basic administrative unit of a state, county, city, or special district school system, consisting of one (1) or more grade groups, one (1) or more teachers to give instruction, and one (1) principal, which school shall be subject to the statutes of the State of Tennessee, and to the rules, regulations, and minimum standards of the State Board of Education (State Board).

(2) The Department of Education (Department) shall make periodic inspections of the Local Education Agencies (LEAs) under its control. These inspections shall be made to determine the extent to which LEAs operate in compliance with State Board rules and regulations and to verify the information received on reports from local school officials. The Department shall develop and annually notify LEAs of the inspection criteria.

(a) Each LEA shall be classified as approved, conditionally approved, or non-approved based on the inspection of the Department. LEAs classified as conditionally approved by the Commissioner of Education shall receive a written explanation of the reasons for such classification and shall be afforded the opportunity to respond. The Commissioner’s notification shall include a time by which corrective action shall be completed by the LEA. If such corrective action is not taken within the time specified, the LEA shall be classified as non-approved and the Commissioner shall impose sanctions on the LEA which may, in the Commissioner’s discretion, include withholding

part or all of funds generated by the state’s K-12 funding formula to the non-approved LEA.

(b) The Department shall make an annual report to the State Board regarding each LEA’s compliance with State Board rules and regulations. The report shall include the approval status of each LEA, deficiencies identified by the Department in the approval process, an assessment of action needed to attain approval, LEA response, and sanctions imposed upon LEAs which do not comply.

(3) The Department shall maintain an internal audit function which shall assist the Department in the inspection of schools. Internal audit reports shall be presented to the Commissioner of Education and the State Board.

History

Authority: T.C.A. §§ 49-1-201, 49-1-302, and 49-3-353.
Administrative History: Original rule certified June 10, 1974. Amendment filed August 20, 1984; effective November 13, 1984. Amendment filed September 26, 1985; effective December 14, 1985. Amendment filed September 20, 1987; effective December 22, 1987. Amendment filed October 18, 1988; effective January 29, 1989. New rule filed February 16, 1989; effective April 2, 1989. Amendment filed July 11, 1990; effective October 29, 1990. Repeal and new rule filed March 16, 1992; effective June 29, 1992. Repeal and new rule filed December 5, 2011; effective May 30, 2012. Amendments filed August 20, 2020; effective November 18, 2020. Amendments filed August 28, 2023; effective November 26, 2023.

Tenn. Comp. R. & Regs. 0520-01-02-.02 SALARY SCHEDULES

(1) The State Board shall adopt an annual minimum salary schedule for all licensed personnel, which shall apply to every LEA. The state minimum salary schedule shall be based on a combination of experience and academic training. Local boards of education shall adopt a salary schedule that meets the requirements of the minimum salary schedule adopted by the State Board.

(2) Local boards of education shall adopt a salary schedule based on a combination of experience and academic training or may propose an alternative salary schedule for approval by the State Board and the Commissioner of Education. Alternative salary schedules proposed for approval must meet the criteria outlined in the State Board’s Strategic Compensation Policy 5.600.

(3) The state minimum salary schedule and local salary schedules shall not be applicable to substitute personnel. In the case where a licensed teacher is serving as a substitute for a regular teacher on leave whose accumulated leave has not been exhausted, the school system may compensate the licensed educator as a substitute.

(4) If a local school board adopts a salary schedule based in part on experience, the types of verified experiences that may be recognized may include, but not be limited to:

(a) Local school boards, at their discretion, may recognize the following types of workrelated experience including, but not limited to:

Verified administrative, supervisory, and/or teaching experience in a public school or an approved non-public school, schools approved by recognized accrediting agencies, or approved by the Tennessee Department of Education, or any Pre-K program funded by the Tennessee Department of Education;

(b) Verified teaching experience in a pre-K-12 school operated by the United States government either within or outside the United States;

(d) Verified teaching experience as a part of a visiting teacher program authorized by the United States government or a foreign ministry of education;

(e) Verified experience as a professional employee of the State Board of Education, the State Department of Education, and/or the Comptroller’s Office of Educational Accountability (OREA);

(f) Verified active military service in the armed forces of the United States; or (g) Verified professional work experience in the fields typically held by school service personnel (audiology, speech-language pathologist, psychology, social worker, counselor) in a setting other than a public or non-public school.

(5) If a local school board adopts a salary schedule based in part on training, the following shall apply:

(a) For college or university course work completed after the start of the current school year but before September 1, the salary rating shall be adjusted as of September 1 of the current school year. The employee must notify the LEA of the employee’s intent to complete course work prior to Aug. 31, and the LEA must file documentation of changes to the employee’s salary rating with the Department on or before October 15 of the current school year.

(b) For college or university course work completed after August 31, but before January 1 of the current school year, the salary rating shall be adjusted as of January 1 of the current school year. The employee must notify the LEA of the employee’s intent to complete course work prior to Jan. 1. The LEA must file documentation of changes to the employee’s salary rating with the Department on, or before, February 15 of the current school year.

(6) The individual educator shall provide evidence of experience and training to the LEA for verification and approval.

(7) Pursuant to T.C.A. § 49-3-306, each LEA shall develop, adopt, and implement a differentiated pay plan in compliance with the State Board’s Strategic Compensation Policy 5.600. Each differentiated pay plan shall be designed to aid in staffing hard-to-staff subject areas and schools and in hiring and retaining highly qualified teachers.

History

Authority: T.C.A. §§ 49-1-302, 49-1-302(a)(5), 49-3-306, 49-5-402, and 49-6-101.
Administrative History: Original rule certified June 10, 1974. Amendment filed June 10, 1974; effective July 10, 1974. Amendment filed June 30, 1975; effective July 30, 1975. Amendment filed July 15, 1976; effective August 15, 1976. Amendment filed February 28, 1978; effective March 30, 1978. Amendment filed January 9, 1979; effective February 23, 1979. Amendment filed and new rule filed October 15, 1979; effective January 8, 1980. Amendment filed April 14, 1980; effective May 28, 1980. Amendment filed November 13, 1981; effective March 16, 1982. Amendment filed June 4, 1982; effective September 30, 1982. Amendment filed August 17, 1983; effective November 14, 1983. Amendment filed August 20, 1984; effective November 13, 1984. Amendment filed September 26, 1985; effective December 14, 1985. Repeal and new rule filed May 8, 1986; effective June 27, 1986. Amendment filed September 20, 1987; effective December 22, 1987. Amendment filed October 18, 1988; effective January 1989. Amendment filed November 9, 1989; effective February 28, 1990. Amendment filed July 11, 1990; effective October 29, 1990. Repeal and new rule filed March 16, 1992; effective June 29, 1992. Amendment filed January 21, 1994; effective May 31, 1994. Amendment filed August 7, 1995; effective December 29, 1995. Amendment filed October 11, 1995; effective February 28, 1996. Amendment filed May 19, 2005; effective September 28, 2005. Amendment filed December 28, 2005; effective April 28, 2006. Amendment filed January 5, 2006; effective May 31, 2006. Amendment filed February 24, 2010; effective July 29, 2010. Amendments filed October 7, 2016; effective January 5, 2017. Amendments filed December 23, 2016; effective March 23, 2017. Amendments filed August 20, 2020; effective November 18, 2020.

Tenn. Comp. R. & Regs. 0520-01-02-.03 REPEALED

History

Authority: T.C.A. §§ 49-1-302, 49-2-301, 49-5-108, 49-6-6006, and Section 86 of Chapter 535 of the Public Acts of 1992.
Administrative History: Original rule certified June 10, 1974. Amendment filed June 10, 1974; effective July 10, 1974. Amendment filed June 30, 1975; effective July 30, 1975. Amendment filed July 15, 1976; effective August 15, 1976. Amendment filed February 28, 1978; effective March 30, 1978. Amendment filed January 9, 1979; effective February 23, 1979. Amendment and new rule filed October 15, 1979; effective January 8, 1980. Amendment filed November 13, 1981; effective March 16, 1982. Amendment filed June 4, 1982; effective September 30, 1982. Amendment filed August 17, 1983; effective November 14, 1983. Amendment filed August 20, 1984; effective November 13, 1984. Amendment filed September 26, 1985; effective December 14, 1985. Amendment filed May 8, 1986; effective June 27, 1986. Amendment filed September 20, 1987; effective December 22, 1987. Amendment filed October 18, 1988; effective January 29, 1989. Amendment filed November 9, 1989; effective February 28, 1990. Amendment filed July 11, 1990; effective October 29, 1990. Repeal and new rule filed March 16, 1992; effective June 29, 1992. Amendment filed May 12, 1992; effective August 29, 1992. Amendment filed September 1, 1992; effective December 29, 1992. Amendment filed August 10, 1993; effective December 29, 1993. Amendment filed November 22, 1993; effective March 30, 1994. Amendment filed January 21, 1994; effective May 31, 1994. Amendment filed March 31, 1994; effective June 14, 1994. Amended by Public Chapter No. 957, Acts of 1994; effective May 10, 1994. (See Attorney General opinion No. 094-080). Amendment filed January 31, 1995; effective May 31, 1995. Amendment filed May 31, 1996; effective September 27, 1996. Amendment filed October 17, 1997; effective February 27, 1998. Amendment filed May 28, 1999; effective September 28, 1999. Amendment filed July 31, 2000; effective November 28, 2000. Amendment filed March 1, 2005; effective July 29, 2005. Amendments filed May 19, 2005; effective September 28, 2005. Amendment filed June 15, 2005; effective October 28, 2005. Amendment filed March 23, 2007; effective July 27, 2007. Amendments filed September 6, 2007; effective January 28, 2008. Amendment filed May 30, 2008; effective September 26, 2008. Amendment filed July 17, 2009; effective December 29, 2009. Amendments filed February 6, 2013; effective July 29, 2013. Amendments filed September 6, 2013; effective February 28, 2014. Amendment filed May 8, 2014; effective October 29, 2014. Amendment filed May 26, 2015; effective August 24, 2015. Amendment filed September 22, 2015; effective December 21, 2015. Amendments filed December 23, 2016; effective March 23, 2017. Amendments filed October 16, 2017; effective January 14, 2018. Amendments filed November 29, 2018; effective February 27, 2019. Repeal filed August 20, 2020; effective November 18, 2020.

Tenn. Comp. R. & Regs. 0520-01-02-.04 LEAVE FOR TEACHERS

(1) The term “teacher” shall mean any person employed by a local board of education in a position that requires a license issued by the State Department of Education. The term “teacher” shall not apply to a substitute teacher.

(2) Sick Leave. “Sick leave” shall mean leave of absence because of illness of a teacher from natural causes or accident, quarantine, or illness or death of a member of the immediate family of a teacher, including the teacher’s wife or husband, parents, grandparents, children, grandchildren, brothers, sisters, mother-in-law, father-in-law, daughter-in-law, son-in-law, brother-in-law, and sister-in-law. Upon written request of the teacher and accompanied by a statement from her physician verifying pregnancy, any teacher who goes on maternity leave shall be allowed to use all or a portion of her accumulated sick leave for maternity leave purposes during the period of her physical disability only, as determined by a physician.

(3) Personal and Professional Leave. A teacher may take two (2) days of personal and professional leave per school year in accordance with policies of the local board of education.

(4) Personal Injury Leave.

(a) When a school system determines that a teacher’s absence from assigned duties was required as a result of personal physical injuries caused by a physical assault or other violent criminal act committed against the teacher while on duty, the school system shall grant personal injury leave for those days of absence.

(b) Each local school system shall develop policies and procedures for determining eli gibility for and implementing personal injury leave consistent with these rules. The policies and procedures may include provisions such as timely notification of the incident and injuries sustained, a requirement that medical attention be sought immediately, submission of a doctor’s statement verifying the nature, extent and duration of the disability, option by the school system of a third party opinion, and guidelines for a process to make periodic redeterminations of eligibility if the absence exceeds a given time frame.

(c) Nothing in Rule 0520-01-02-.04(4) shall preclude a teacher at his or her option from directing that an absence which would otherwise qualify for personal injury leave under paragraph four (4) be charged to accumulated sick leave or personal leave instead of personal injury leave.

(5) Substitute teachers are those persons employed to replace teachers on sick, professional, or personal leave or to fill temporary vacancies (this exists until a licensed teacher is available and employed). Substitutes are employed and paid in the following manner:

(a) A person without a teacher’s license or permit may serve as a substitute for a regular teacher on approved leave for the length of time set out in T.C.A. § 49-3-312(a).

(b) After the approved leave period pursuant to T.C.A. § 49-3-312(a) a person serving as the substitute must be licensed and hold the appropriate endorsement for the assignment or must be a retired teacher and have held the appropriate endorsement.

(c) After the regular teacher’s accumulated leave is exhausted, the replacement teacher must be licensed and hold the appropriate endorsement for the assignment or be a retired teacher and have held the appropriate endorsement and must be paid based on the replacement teacher’s training and experience record in accordance with the state and local salary schedules.

(6) The total accumulated sick leave shall mean the total number of sick leave days which have been earned but not yet used. A teacher in need of sick leave shall be allowed to use unearned sick leave up to the amount of days that such teacher may accumulate during the remainder of the current school year.

(7) Each local board of education shall participate in the state leave program. Local boards of education shall provide the required local contribution from public school funds for payment of substitute teachers. Teachers shall not pay any part of the state required local contribution.

History

Authority: T.C.A. §§ 49-1-302, 49-3-312, and 49-5-701, et seq.; Section 27 of Chapter 535 of the Public Acts of 1992.
Administrative History: Original rule certified June 10, 1974. Amendment filed June 10, 1974; effective July 10, 1974. Amendment filed June 30, 1975; effective July 30, 1975. Amendment filed July 15, 1976; effective August 16, 1976. Amendment filed February 28, 1978; effective March 30, 1978. Amendment filed January 9, 1979; effective February 23, 1979. Amendment and new rule filed October 15, 1979; effective January 8, 1980. Amendment filed November 13, 1981; effective March 16, 1982. Amendment filed June 4, 1982; effective September 30, 1982. Amendment filed August 17, 1983; effective November 14, 1983. Amendment filed August 20, 1984; effective November 13, 1984. Amendment filed September 26, 1985; effective December 14, 1985. Amendment filed May 8, 1986; effective June 27, 1986. Amendment filed September 20, 1987; effective December 22, 1987. Amendment filed October 18, 1988; effective January 29, 1989. Amendment filed November 9, 1989; effective February 28, 1990. Amendment filed July 11, 1990; effective October 29, 1990. Repeal and new rule filed March 16, 1992; effective June 29, 1992. Amendment filed September 1, 1992; effective December 29, 1992. Amendment filed October 17, 1997; effective February 27, 1998. Amendment filed October 13, 2014; effective January 11, 2015. Amendments filed August 11, 2017; effective November 9, 2017. Amendments filed January 13, 2026; effective April 13, 2026.

Tenn. Comp. R. & Regs. 0520-01-02-.05 ADULT HIGH SCHOOLS

(1) Adult high schools may be established and maintained by local boards of education.

(2) Before the Full-Time Enrollment Average Daily Membership (FTEADM) of any adult high school shall be counted in distribution of state funds, such schools shall meet the standards of an approved school and shall provide without fee all services, such as free textbooks, to which any student of grades nine through twelve (9-12) is entitled under rules and regulations of the State Board of Education, state and federal statutes, and policies of local boards of education, with the exceptions listed below:

(a) The computation of the FTEADM of adult high schools shall be on the basis of a four (4) hour day and twenty (20) day school month. The FTEADM for any month shall be determined by dividing the total hours for which persons were enrolled during the month by eighty (80).

(b) While in attendance at an adult high school, students may earn all or a portion of the required credits necessary for graduation. Physical education, however, shall not be a requirement for graduation. Students are exempted from state-mandated tests.

(c) Adult high schools may operate twelve (12) months per year and provide flexible scheduling necessary for both day and night programs. All terms in a year round operation are considered regular terms.

(d) Adult high school students must be at least seventeen (17) years of age.

(e) Adult high school students may register for and earn as few as half (1/2) unit of credit per term.

History

Authority: T.C.A. §§ 49-1-302, 49-1-302(a)(4)(A), 49-1-302(a)(11), 49-2-203(b)(3), 49-6-409, and 49-6- 501.
Administrative History: Original rule certified June 10, 1974. Amendment filed June 10, 1974; effective July 10, 1974. Amendment filed June 30, 1975; effective July 30, 1975. Amendment filed July 15, 1976; effective August 16, 1976. Amendment filed February 28, 1978; effective March 30, 1978. Amendment filed January 9, 1979; effective February 23, 1979. Amendment and new rule filed October 15, 1979; effective January 8, 1980. Amendment filed June 4, 1982; effective September 30, 1982. Amendment filed August 17, 1983; effective November 14, 1983. Amendment filed August 20, 1984; effective November 13, 1984. Amendment filed September 26, 1985; effective December 14, 1985. Amendment filed May 8, 1986; effective June 27, 1986. Amendment filed September 20, 1987; effective December 22, 1987. Amendment filed October 18, 1988; effective January 29, 1989. Amendment filed November 9, 1989; effective February 28, 1990. Amendment filed July 11, 1990; effective October 29, 1990. Repeal and new rule filed March 16, 1992; effective June 29, 1992. Repeal and new rule filed December 19, 2011; effective May 30, 2012. Amendments filed October 16, 2017; effective January 14, 2018.

Tenn. Comp. R. & Regs. 0520-01-02-.06 ADULT EDUCATION PROGRAMS

(1) Adult education programs that lead to a regular high school diploma, offered, organized, and operated as a part of the public school program shall be under the control and management of the local board of education having jurisdiction.

(2) The calculation of Full-Time Enrollment Average Daily Membership Adult (FTEADM) for education programs that lead to a regular high school diploma shall be on the basis of a four (4) hour day.

(3) Before the Full-Time Enrollment Average Daily Membership (FTEADM) of any adult high education program that leads to a regular high school diploma shall be counted in distribution of state funds, such program shall comply with the rules and regulations prescribed by the state and local boards of education and shall provide without fee all services, such as free textbooks, to which any student of grades nine through twelve (9-12) is entitled under the rules and regulations of the State Board of Education, state and federal statutes, and policies of local boards of education.

History

Authority: T.C.A. §§ 49-1-302, 49-1-302(a)(4)(A), 49-1-302(a)(11), 49-2-203(b)(3), 49-6-409, and 49-6- 501.
Administrative History: Original rule certified June 10, 1974. Amendment filed June 10, 1974; effective July 10, 1974. Amendment filed June 30, 1975; effective July 30, 1975. Amendment filed July 15, 1976; effective August 16, 1976. Amendment filed February 28, 1978; effective March 30, 1978. Amendment filed January 9, 1979; effective February 23, 1979. Amendment and new rule filed October 15, 1979; effective January 8, 1980. Amendment filed November 13, 1981; effective March 16, 1982. Amendment filed June 4, 1982; effective September 30, 1982. Amendment filed August 17, 1983; effective November 14, 1983. Amendment filed June 28, 1984; effective September 11, 1984. Amendment filed August 20, 1984; effective November 13, 1984. Amendment filed September 26, 1986; effective December 14, 1985. Amendment filed May 8, 1986; effective June 27, 1986. Amendment filed September 20, 1987; effective December 22, 1987. Amendment filed October 18, 1988; effective January 29, 1989. Amendment filed November 9, 1989; effective February 28, 1990. Amendment filed July 11, 1990; effective October 29, 1990. Repeal and new rule filed March 16, 1992; effective June 29, 1992. Amendments filed October 16, 2017; effective January 14, 2018.

Tenn. Comp. R. & Regs. 0520-01-02-.07 LIBRARY INFORMATION CENTERS

(1) School Library Information Center.

(a) All school libraries shall serve as resources for students, teachers, and community members to strengthen student learning. School library information specialists shall work collaboratively with classroom teachers and school administrators to integrate both curricular concepts and information skills that assist research and other learning activities. The collection and the services of the library shall adequately support the curricular priorities within the school.

(b) School libraries shall provide an environment that allows efficient access to resources, including both print and electronic. Schools must be organized to allow the library program to operate a flexible schedule that allows students and teachers to access resources at the point of need.

(c) School libraries should provide parents and community members access to resources, however, schools shall weigh these considerations to ensure student safety and access to school buildings.

(2) Library Information Specialists.

(a) Elementary/Middle Schools. Schools including grades kindergarten (K) through eight (8) or any combination thereof shall provide library information specialists as follows:

A school having a current student enrollment of 550 or more students shall have a full-time library information specialist with endorsement as a library information specialist.
A school with a current student enrollment of 400 to 549 students shall have a half-time library information specialist with endorsement as a library information specialist. During the time that the library is open during regular school hours and the library information specialist is not present, staff member(s) shall be designated to provide supervision to students in the library.
In a school with fewer than 400 students, a faculty member shall serve as a library information coordinator. If the library information coordinator is not present during the time that the library is open during regular school hours, staff member(s) shall be designated to provide supervision to students in the library.
Schools are encouraged to have the library open outside of the regularly scheduled school day and if the library personnel specialist or coordinator is not present, appropriate supervision shall be provided to the students in the library.

(b) High Schools. Schools including any combination of grades nine through twelve (9-12) shall provide library information specialists as follows:

A school with a current student enrollment of 1,500 or more students shall have two (2) full-time library information specialists, each with endorsement as a library information specialist.
A school with a current student enrollment of more than 300 but less than 1,500 students shall have a full-time library information specialist with endorsement as a library information specialist.
A school with a current student enrollment of fewer than 300 students shall have a half-time library information specialist. During the time that the library is open during regular school hours and the library information specialist is not present, staff member(s) shall be designated to provide supervision to students in the library.
Schools are encouraged to have the library open outside of the regularly scheduled school day and if the library information specialist is not present, appropriate supervision shall be provided to the students in the library.

(3) Library Information Center Collection.

The three (3) levels of collection standards for Tennessee school libraries are: Basic, Standard, and Exemplary. The criteria by which school library collections are evaluated are listed below:

(a) Item Count.

Basic collection - Contains between twelve (12) and fourteen (14) items per student enrolled in the school;

Standard collection - Contains between fifteen (15) and seventeen (17) items per student enrolled in the school; and Exemplary collection - Contains eighteen (18) or more items per students enrolled in the school.

(b) Collection Compilation.

Pamphlets, textbooks, class sets, periodicals, out-of-date items, and items in poor physical condition shall neither be counted nor reported in the total collection.
No more than five (5) copies of the same print title may be counted to meet standards for a minimum number of items per student.
Digital resources should be accessible through a school library webpage or Online Public Access Catalog (OPAC) and may comprise fifty percent (50%) of the collection.
The library shall provide access to the virtual library administered by the Tennessee State Library and Archives and the library personnel should receive training. These resources may count for up to twenty percent (20%) of the overall collection or, in schools in which the librarian has received official training within the last five (5) years, they may count for up to thirty percent (30%) of the overall collection.
The collection shall include access to a current, complete encyclopedia in any format. In high schools, the collection shall also include an unabridged dictionary, one (1) foreign language dictionary in the native language of ESL students in attendance at the school, a local newspaper, and one (1) daily newspaper presenting news on both state and national levels. These items may be in any format. For digital materials, only full text shall be counted in the total.
The collection should include a balance of fiction and nonfiction with an appropriate level of text complexity. The resources in the collection should be chosen to: complement and augment the most recently adopted curriculum, be a motivational springboard for student research, and encourage self-expression and curiosity by offering a variety of recreational reading material.

Collections meeting the compilation standards are evaluated based on age of the collection as measured in years from the current year:

Basic collection - sixteen (16) years and older;

Standard collection - fifteen (15) years; and Exemplary collection - fourteen (14) years or less.

(d) Technology - Access to Digital Materials.

Workstations with internet access in the library information center are sufficient to provide access for students. The number of workstations should be no less than the average class size allowable by the state. A workstation may be a desktop, laptop, tablet or similar device, but devices available for checkout should not be counted in the total.
School libraries should be equipped with instructional technology, including, but not limited to, LCD projector, screen and/or interactive smart board, document camera, computer, etc., and provide user training for such devices.
Separate computers must be maintained for both the library management system/circulation and for the library personnel.

History

Authority: T.C.A. §§ 49-1-302, 49-11-101, and 49-11-104.
Administrative History: Original rule certified June 10, 1974. Amendment filed June 10, 1974; effective July 10, 1974. Amendment filed June 30, 1975; effective July 30, 1975. Amendment filed July 15, 1976; effective August 16, 1976. Amendment filed February 28, 1978; effective March 30, 1978. Amendment filed January 9, 1979; effective February 23, 1979. Amendment and new rule filed October 15, 1979; effective January 8, 1980. Amendment filed April 14, 1980; effective May 28, 1980. Amendment filed November 13, 1981; effective March 16, 1982. Amendment filed June 4, 1982; effective September 30, 1982. Amendment filed August 17, 1983; effective November 14, 1983. Repeal filed June 28, 1984; effective September 11, 1984. Amendment filed January 31, 1985; effective April 16, 1985. Repeal filed July 22, 1987; effective October 28, 1987. New rule filed February 16, 1989; effective April 2, 1989. Amendment filed November 9, 1989; effective February 28, 1990. Amendment filed July 11, 1990; effective October 29, 1990. Repeal and new rule filed March 16, 1992; effective June 29, 1992. Amendment filed September 6, 2007; effective January 28, 2008. Amendments filed August 20, 2020; effective November 18, 2020.

Tenn. Comp. R. & Regs. 0520-01-02-.08 REPEALED

History

Authority: T.C.A. § 49-1-302.
Administrative History: Original rule certified June 10, 1974. Amendment filed February 28, 1978; effective March 30, 1978. Amendment filed January 9, 1979; effective February 23, 1979. Repeal and new rule filed March 16, 1992; effective June 29, 1992. Amendment filed October 31, 1995; effective February 28, 1996. Amendment filed April 27, 1998; effective August 28, 1998. Repeal filed September 26, 2024; effective December 25, 2024.

Tenn. Comp. R. & Regs. 0520-01-02-.09 ALTERNATIVE EDUCATION

(1) Alternative education is a non-traditional, short-term academic program or school designed to meet the student’s educational, behavioral, and social needs. Alternative education includes alternative schools and alternative programs.

(2) Alternative school means a short-term intervention program designed to provide educational services outside of the regular school program for students who have been suspended or expelled. Alternative schools are located in a separate facility from the regular school program.

(3) Alternative program means a short-term intervention program designed to provide educational services outside of the regular school program for students who have been suspended or expelled. Alternative programs may be located within the regular school or be a self-contained program within a school. Alternative programs include, but are not limited to, night schools or in-school suspension.

(4) Pursuant to T.C.A. § 49-6-3402(i) alternative schools and alternative programs may provide virtual instruction to students assigned to the alternative school or alternative program through a virtual school or virtual program in accordance with State Board Virtual Education

Rule 0520-01-03-.05. Tracking of student attendance for students assigned to an alternative school or alternative program who are receiving virtual instruction shall comply with the attendance procedures set forth in State Board Virtual Education Rule 0520-01-03-.05.

(5) Pursuant to T.C.A. § 49-6-3402, local boards of education may establish alternative schools or alternative programs for students in grades one (1) through six (6) who have been suspended or expelled from the regular school program.

(6) Attendance in an alternative school or alternative program shall be voluntary for students in grades one through six (1-6) who have been suspended or expelled from the regular school program, unless the local board of education adopts a policy mandating attendance in either instance.

(7) A local board of education shall establish at least one (1) alternative school or alternative program for students in grades seven (7) through twelve (12) who have been suspended or expelled. Attendance in an alternative school or alternative program is mandatory for students in grades seven (7) through twelve (12) who have been suspended for more than ten (10) days or expelled from the regular school program if space and staff are available.

Space and staff availability shall be determined by the LEA at the time the disciplinary decision is rendered.

(a) Attendance in an alternative school or alternative program is not mandatory for students in grades seven (7) through twelve (12) who have been expelled from the regular school program for committing a zero-tolerance offense. However, this does not prohibit a director of schools, or a director’s designee, from assigning a student who has been expelled from the regular school program for committing a zero-tolerance offense to an alternative school or alternative program.

(b) A director of schools, or a director’s designee, is not required to assign a student in grades seven (7) through twelve (12) who has been suspended for more than ten (10) days or expelled from the regular school program for an offense of violence or threatened violence, or an offense that threatened the safety of persons attending or assigned to the student’s school, to an alternative school or alternative program if conditions set forth in T.C.A. § 49-6-3402(c)(1)(C) are met.

(8) Students in pre-kindergarten or kindergarten shall not be assigned to an alternative school or alternative program.

(9) Each local board of education shall adopt a policy regarding alternative education that is aligned to this Rule and that defines and provides appropriate educational opportunities for all students assigned to an alternative school or alternative program. The policy shall recognize the impact of exclusionary discipline practices on students, and placement in an alternative education program should be reserved for infractions that significantly disrupt the educational process. LEAs shall utilize the Model Standards for Alternative Education Programs developed by the Department of Education as a guideline in development of their policies and procedures.

(10) Requirements for alternative education:

(a) The scope, sequence, and pacing of instruction shall proceed as nearly as practicable in accordance with the instructional program in the student’s regular school. Instruction shall be based on the academic standards adopted by the State Board.

(b) All course work and credits earned shall be transferred and recorded in the student’s home school, which shall grant credit earned and progress thereon as if earned in the home school.

(c) Students shall participate in all required state assessments at sites determined by school officials and in accordance with established guidelines regarding student grade levels and eligibility. State assessment results shall be reported in the LEA where the student was enrolled prior to his or her placement in the alternative school.

(d) Each alternative school or alternative program shall comply with class size requirements established in T.C.A. § 49-1-104 and instructional and planning time requirements established by the State Board. Nothing shall prohibit an LEA from establishing a lower class size ratio in an alternative school or alternative program.

(e) The minimum length of the school day for alternative schools and alternative programs shall be six and one-half (6½) hours, provided that alternative schools and alternative programs may operate beyond traditional school hours to provide students with a range of educational opportunities.

(f) LEAs shall monitor and regularly evaluate the academic progress of each student enrolled in an alternative school or alternative program.

(g) Students are subject to all rules pertaining to the alternative school or alternative program.

The director of schools, or the director’s designee, may remove a student from the alternative school or alternative program if the director, or the director’s designee, determines that:

(i) The student has violated the rules of the alternative school or alternative program; or (ii) The student is not benefiting from the student’s assignment to the alternative school or alternative program, and all interventions available to help the student to succeed in the alternative school or alternative program have been exhausted unsuccessfully.

A student’s removal from the alternative school or alternative program shall not constitute grounds for extending the length of original suspension or expulsion.
The director of schools, or the director’s designee, shall make the final decision on removal.

(h) If a student has an active Individualized Education Program (IEP), a 504 plan, or is suspected of having a disability, all state and federal laws and rules relating to students with disabilities and special education shall be followed. The IEP team shall make all decisions regarding change of placement and delivery of services for students with disabilities. No student with a disability shall be arbitrarily placed in an alternative school or alternative program.

(i) Prior to the assignment of a student to an alternative school or alternative program, the LEA shall provide written notice, which includes the reason for the student’s placement, to the student’s parent or guardian. Reasons for placement in an alternative school or alternative program must be documented. End of year reports must be made to the regular school for each student.

(j) Each teacher providing instruction to students in an alternative school or alternative program shall be licensed to teach in Tennessee and shall meet the qualifications to teach in compliance with the rules and regulations of the State Board.

(k) Alternative schools shall have an appropriately licensed administrator assigned to supervise the school.

(l) Support services such as counseling and psychological services must be accessible.

(m) Each LEA shall develop and implement formal transition plans for the integration of students from a traditional school to an alternative school or from an alternative school back to a traditional school. Transition plans shall be targeted to improve communication between a traditional school and an alternative school staff and should address any barriers that would prohibit students from successfully transitioning.

Transition plans shall include aligning of curricula, intake procedures for students returning to traditional school, professional development opportunities for traditional and alternative school staff, educational and behavioral supports, follow-up for students returning to traditional school, and the development of graduation and postsecondary goals.

(n) All alternative school classrooms shall have working two-way communication systems that make it possible for teachers or other employees to notify a principal, supervisor, or other administrator that there is an emergency.

(o) It is the responsibility of the director of schools to ensure that all alternative school teachers and other employees have been trained to use the two-way communication system and are notified of emergency procedures prior to the beginning of classes for any school year and when changes are made in the emergency procedures and/or personnel. Such emergency procedures shall be linked to the school and school district emergency preparedness plan.

(p) LEAs shall submit an annual alternative education survey to the Department that provides the following information:

Alternative schools or alternative programs currently in operation in the LEA;
Number and grade level of students served;
Primary reason for student assignment;
Number of faculty and staff; and 5. Information required by T.C.A. § 49-6-3405.

(11) Funding:

(a) Students attending an alternative school or alternative program shall continue to earn funding through the state’s K-12 education funding formula for the LEA in which the student is enrolled.

(12) Facilities:

(a) A local board of education may not contract or otherwise affiliate with an alternative school program which requires an order of a court as a precondition of placement in such alternative school.

(b) A local board of education may contract with independent contractors to provide alternative school facilities and other appropriate services consistent with T.C.A. § 49- 2-203.

(d) Two (2) or more boards may join together and establish an alternative school attended by students from any such LEA.

(e) Through a mutually accepted agreement with another local board of education, a board may send its suspended or expelled students to an alternative school already existing in another LEA or may enter into an agreement with an LEA that established a virtual school to provide virtual instruction to students who have been suspended or expelled.

History

Authority: T.C.A. §§ 49-6-3401, 49-6-3402, and 49-6-3405.
Administrative History: Original rule certified June 10, 1974. Amendment filed February 28, 1978; effective March 30, 1978. Amendment filed January 9, 1979; effective February 23, 1979. Amendment filed April 14, 1980; effective May 28, 1980. Amendment filed June 28, 1984; effective September 11, 1984. Amendment filed January 2, 1986; effective April 15, 1986. Amendment filed May 28, 1986; effective June 27, 1986. Amendment filed April 24, 1987; effective June 8, 1987. Repeal and new rule filed March 16, 1992; effective June 29, 1992. Amendment filed June 24, 1992; effective September 28, 1992. Amendment filed April 18, 1997; effective August 28, 1997. Amendment filed April 27, 1998; effective August 28, 1998. Amendments filed August 20, 2020; effective November 18, 2020. Amendments filed August 28, 2023; effective November 26, 2023. Amendments filed January 24, 2024; effective April 23, 2024.

Tenn. Comp. R. & Regs. 0520-01-02-.10 HOMEBOUND INSTRUCTION

(1) Definitions. As used in this rule:

(a) “Homebound Instruction Period” means the number of school days that the medical homebound instruction program shall be provided to the student.

(b) “Individualized Education Program (IEP) team” means a group of individuals described in 34 C.F.R. § 300.321 that is responsible for developing, reviewing, and/or revising an IEP for a child with a disability.

(c) “Medical Condition” means a physical or mental condition, illness, or disorder that prevents a student from attending regular classes and is certified in writing by the student’s treating physician.

(d) “Medical Homebound Instruction Program” means an instruction program provided at home, hospital, or other related locations to all students, including students with disabilities, who are enrolled in a public school but are unable to attend regular classes due to a medical condition.

(e) “Regular Classes” means the classes to which the student has been assigned by the school where the student is enrolled.

(f) “Review Team” means Local Education Agency (“LEA”) staff and/or school staff, including the student’s 504 team or IEP team if applicable, who are familiar with the health and educational needs of the student for whom a medical homebound instruction program is being requested.

(g) “Student” means a child enrolled in a Tennessee public school in grades kindergarten through grade twelve (K-12).

(h) “Treating Physician” means a person who is licensed under T.C.A. Title 63, Chapter 6;

T.C.A. Title 63, Chapter 9; T.C.A. Title 63, Chapter 11; or T.C.A. § 63-23-105 or similar statute in another jurisdiction and who is the professional treating the student for the medical condition requiring medical homebound instruction.

(2) Medical Homebound Qualification and Placement.

(a) Each LEA shall establish a medical homebound instruction program for each student enrolled in the LEA who qualifies. A student qualifies for a medical homebound instruction program if the student’s treating physician certifies in writing that the student has a medical condition that prevents the student from attending regular classes. A student is prevented from attending regular classes if the student will miss more than ten (10) consecutive instructional days over the period of the school year due to the medical condition. An LEA may also create a policy that allows students who miss an aggregate number of instructional days over the period of the school year due to a medical condition to be eligible for a medical homebound instruction program.

(b) Once a student has qualified for a medical homebound instruction program, the homebound instruction period shall be determined by the student’s review team on a case-by-case basis and shall take into consideration the recommendations of the student’s treating physician, if available. Educational decisions regarding the student’s medical homebound instruction program shall be determined by the student’s review team on a case-by-case basis.

(c) Decisions regarding students with disabilities who require instruction in the home, hospital, or related site pursuant to an IEP team’s determination that the home, hospital, or related site is the child’s least restrictive environment are governed by the requirements set forth in the Individuals with Disabilities Education Act (34 C.F.R. § 300.39; 34 C.F.R. § 300.115) and State Board Rule 0520-01-09-.07 regarding educational homebound placements.

(3) Medical Homebound Instructional Requirements.

(a) A medical homebound instruction program shall consist of a minimum of three (3) hours of instruction per week while school is in session for the homebound instruction period determined by the student’s review team.

(b) For students receiving special education and related services, the frequency and duration of instruction necessary to provide a free appropriate public education for a student with a disability during a medical homebound instruction program placement shall be determined by the student’s IEP team, but shall not be less than the minimum of three (3) hours per week.

(c) The student’s review team shall consider the student’s grade level, academic status, physical abilities, individual academic needs, homebound instruction period, and similar factors when determining the amount of instructional time per week provided to the student under a medical homebound instruction program.

(d) The minimum of three (3) hours of instruction per week shall not include travel to and from the student or preparation time. Homebound instruction is measured by the amount of time that the student and the homebound teacher are working together; or, if a student is enrolled in an LEA’s virtual program, homebound instruction is only the actual time that the student is engaging in instruction via the virtual program.

(e) Homebound instruction shall be provided by a teacher holding a valid Tennessee teacher license as provided in T.C.A. Title 49, Chapter 5.

(f) An adult, other than the homebound teacher/instructor, shall be present during the homebound instruction period.

(g) The LEA may provide the homebound instruction program by sending a teacher to the student’s home, hospital, or related site, by contracting with a hospital or related site to provide educational services to the student in compliance with this rule, or via the LEA’s own online or virtual program, if the review team deems it appropriate for the student. The LEA shall verify that the student has all the necessary equipment, access, and training for working via the internet at no additional cost to the student.

(4) Recertification for Medical Homebound.

(a) A medical homebound instruction program for longer than the initial medical homebound instruction period shall only be provided to a student who is recertified in writing by his or her treating physician as having a medical condition that, in the student’s treating physician’s judgment, continues to prevent the student from returning to regular classes.

(b) The initial medical homebound instruction period and any additional medical homebound instruction period shall be for the number of school days certified by the student’s review team.

(c) Recertification must be obtained upon the expiration of each additional medical homebound instruction period if medical homebound instruction is to be continued beyond the initial medical homebound instruction period.

(5) Reentry.

(a) Prior to the expiration of the medical homebound instruction period, the review team shall develop a transition plan for the student’s reentry into the school environment.

(6) Attendance and Funding.

(a) LEAs are responsible for ensuring the provision of medical homebound instruction to students enrolled in the LEA. Such students shall not be counted absent from school and shall continue to earn funding through the state’s K-12 education funding formula for the LEA in which the student is enrolled.

(b) IDEA Part B funds may be expended only for instruction of students with disabilities who are placed in a homebound instruction program.

History

Authority: T.C.A. §§ 49-10-1101 and 49-10-1103; 34 C.F.R. § 300.39; and 34 C.F.R. § 300.115.
Administrative History: Original rule certified June 10, 1974. Amendment filed June 10, 1974; effective July 10, 1974. Amendment filed June 30, 1975; effective July 30, 1975. Amendment filed July 15, 1976; effective August 16, 1976. Amendment filed February 28, 1978; effective March 30, 1978. Amendment filed January 9, 1979; effective February 23, 1979. Repeal and new rule filed March 16, 1992; effective June 29, 1992. Repeal and new rule filed May 20, 2019; effective August 18, 2019. Amendments filed April 7, 2021; effective July 6, 2021. Amendments filed August 28, 2023; effective November 26, 2023.

Tenn. Comp. R. & Regs. 0520-01-02-.11 SCHOOL BOARD TRAINING

(1) Approval of Training Courses.

(a) Local school board member training courses (“Training Courses”) shall be approved by the State Board.

(b) Training Course hours will be recognized only for Training Courses approved by the State Board in accordance with this rule.

(c) The State Board shall appoint a School Board Training Advisory Committee (“Advisory Committee”) responsible for evaluating and recommending Training Courses for approval. The Advisory Committee shall include a member of the State Board of Education, the Executive Director of the State Board or his/her designee, the Commissioner of Education or his/her designee, and at least one (1) local school board member. The Advisory Committee may also include others appointed by the State Board for terms designated by the State Board.

(d) Beginning in 2022, the Advisory Committee shall evaluate proposed Training Courses and recommend Training Courses for approval to the State Board. The Advisory Committee shall require prospective Training Course providers to submit an application for Training Course approval to the Advisory Committee by February 15 prior to the fiscal year in which the Training Course will be offered. The application for Training Course approval shall include, but is not limited to, the following information:

Name of the prospective Training Course provider (individual(s), entity, and/or LEA);
Experience of the prospective Training Course provider in providing school board member training;
Instructor qualifications;
Title, proposed agenda, and length of Training Course(s);
Intended audience for the Training Course(s) (New Board Members and/or Experienced Board Members);
Description of content to be delivered and learning objectives;
Description of instructional strategies, activities, and presentation materials;
Method of delivery of Training Course content (webinar, in-person, etc.);
Fees, if any, to be charged;
Methods used to evaluate the achievement of stated learning objectives and Training Course provider effectiveness; and 11. If an LEA proposes Training Courses for approval, the proposal shall state whether the Training Courses are restricted to members of the LEA’s Board of Education or if Training Courses will be open to any Board of Education member who wishes to participate.

(e) Any Training Courses not recommended for approval may be re-submitted by the provider to the Advisory Committee during the next application cycle.

(f) Training Courses that meet the requirements of this rule and are recommended by the Advisory Committee for approval shall be submitted by the Advisory Committee to the State Board for approval.

Beginning in 2022, the Advisory Committee shall submit recommended Training Courses for approval to the State Board no later than May 1 prior to the fiscal year in which the Training Course will be offered.
Training Courses recommended by the Advisory Committee and approved by the State Board shall be included in State Board Local School Board Member Training Policy 2.100.
Training Course approvals are valid for three (3) years, unless the provider or State Board indicates the Training Course is proposed or approved for a shorter period of time.
Approved Training Course providers shall notify State Board staff if any changes to information outlined in subparagraph (1)(d) are made to approved Training Courses during the approval period. State Board staff shall determine if reapproval by the State Board is required as a result of the changes.

(g) When submitting recommended Training Courses for approval to the State Board, the Advisory Committee shall include a summary of the reasons for the approval recommendation.

(2) Training Requirements.

(a) Training Requirements for New Board Members. Beginning on July 1, 2022, newly elected or newly appointed members of a local board of education (“New Board Members”) shall, at a minimum, participate in twenty-one (21) hours of training during their first year in office. The twenty-one (21) hours shall include fourteen (14) hours of orientation Training Courses covering topics outlined in subparagraph (2)(a)1.; however, if a New Board Member has been elected to a local board of education with a break in service of more than four (4) years, the New Board Member may choose to substitute any orientation Training Course with any other approved Training Course to count toward the required fourteen (14) hours of orientation training. The remaining seven (7) hours shall be selected from any additional approved Training Course(s). All required training hours shall be completed within twelve (12) months of joining the local board of education.

Orientation Training Course Content. New Board Members shall complete orientation Training Courses covering the following topics:

(i) Education’s governance structure, including an overview of the roles and responsibilities of the State Board of Education, Department of Education, and the Public Charter School Commission;

(ii) School data and finance;

(iii) Communication and engagement;

(iv) Board policies;

(v) Strategic planning;

(vi) School law;

(vii) Board/Director of Schools relations;

(viii) Board/staff relations;

(ix) Board/student relations;

(x) Tennessee open meetings and open records requirements; and (xi) Conflict of interest and ethics.

(b) Training Requirements for Experienced Board Members. Beginning on July 1, 2022, experienced local school board members with one (1) or more years of service on a local board of education with a break in service of no more than four (4) years (“Experienced Board Members”) shall, at a minimum, complete seven (7) hours of training each fiscal year.

Training Course Content. Experienced Board Members shall select any approved Training Course(s) to meet the required seven (7) hours each fiscal year.
Local school board members who are re-elected to a local board of education with no break in service shall be considered Experienced Board Members for training purposes.

(3) School Board Member Stipends and Monitoring.

(a) Local school board members may receive a stipend for completing approved Training Courses, subject to available funding. The Department of Education may be responsible for administration of any stipend payments utilizing state funds.

(b) The Department of Education shall be responsible for monitoring local school board member compliance with these rules. Approved Training Course providers shall provide a list to the Department of Education of all local school board members who have completed approved Training Courses during the fiscal year. This report shall be submitted to the Department of Education by July 15 following each fiscal year.

(c) If a local school board member is unable to complete all required training hours due to an unanticipated hardship, the Commissioner of Education may reduce the number of hours required for the board member under this rule upon receiving explanation of the unanticipated hardship and request for reduction. Any reduction granted by the Commissioner of Education shall only be valid for one (1) year. If a New Board Member is granted a reduction by the Commissioner, any orientation Training Courses not completed by the board member shall be made up in the following year. If a local school board member was unable to complete any of the required training hours due to an unanticipated hardship, the local board of education may request that the Commissioner of Education waive the annual training requirement for that board member. The waiver request shall include an explanation of the unanticipated hardship that prevented the board member from completing any required training hours.

(4) Until June 30, 2022, local school board members shall comply with Training Course requirements through participation in the School Board Academy program administered by the Department of Education. Beginning on July 1, 2022 and thereafter, local school board members shall comply with Training Course requirements outlined in this rule.

History

Authority: T.C.A. § 49-2-202(a)(6).
Administrative History: Original rule certified June 10, 1974. Amendment filed June 10, 1974; effective July 10, 1974. Amendment filed June 30, 1975; effective July 30, 1975. Amendment filed July 15, 1976; effective August 16, 1976. Amendment filed February 28, 1978; effective March 30, 1978. Amendment filed January 9, 1979; effective February 23, 1979. Amendment and new rule filed October 15, 1979; effective January 8, 1980. Amendment filed April 14, 1980; effective May 28, 1980. Amendment filed November 13, 1981; effective January 20, 1982. Amendment filed January 2, 1986; effective April 15, 1986. Amendment filed May 23, 1986; effective June 27, 1986. Repeal and new rule filed March 16, 1992; effective June 29, 1992. Amendment filed September 22, 2015; effective December 21, 2015. Amendments filed March 2, 2021; effective May 31, 2021. Amendments filed December 2, 2021; effective March 2, 2022.

Tenn. Comp. R. & Regs. 0520-01-02-.12 WAIVERS

(1) Pursuant to T.C.A. § 49-1-201(d), upon application by an LEA for one (1) or more of its schools, the Commissioner of Education may waive any State Board rule or statute that inhibits or hinders the LEA’s ability to meet its goals or comply with its mission.

(2) Waivers shall not be granted by the Commissioner for requirements related to:

(a) Federal and state civil rights;

(b) Federal, state, and local health and safety;

(d) Immunizations;

(e) Possession of weapons on school grounds;

(f) Background checks and fingerprinting of personnel;

(g) Federal and state special education services;

(h) Student due process;

(i) Parental rights;

(j) Federal and state student assessment and accountability;

(k) Open meetings;

(l) Educators’ due process rights;

(m) Reductions in teachers’ salaries;

(n) Employee rights, salaries and benefits;

(o) Licensure of employees;

(p) Maximum class sizes established in T.C.A. § 49-1-104, unless in the case of a natural disaster that results in the enrollment of displaced students.

(3) All waiver requests shall be submitted in writing to the Commissioner by the director of schools on the forms provided by the Department.

(4) All waiver requests shall include a listing of the specific State Board rule or statute requested to be waived.

(5) The Commissioner may request additional information to supplement a completed request.

(6) The Department shall post to its website any waiver of statutes, rules, regulations, or policies granted by the Commissioner within five (5) business days of the Commissioner’s approval.

The waivers shall include the name of the LEA requesting the waiver and an explanation of the waiver requested.

History

Authority: T.C.A. §§ 49-1-104, 49-1-201(d), and 49-1-203.
Administrative History: Original rule certified June 10, 1974. Amendment filed June 30, 1975; effective July 30, 1975. Amendment filed February 28, 1978; effective March 30, 1978. Amendment filed January 9, 1979; effective February 23, 1979. Amendment filed April 14, 1980; effective May 28, 1980. Amendment filed April 12, 1983; effective May 12, 1983. Amendment filed June 27, 1984; effective July 27, 1984. Amendment filed June 28, 1984; effective September 11, 1984. Amendment filed May 28, 1986; effective June 27, 1986. Amendment filed October 15, 1986; effective January 27, 1987. Amendment filed July 21, 1988; effective October 29, 1988. Repeal and new rule filed March 16, 1992; effective June 29, 1992. Amendments filed August 20, 2020; effective November 18, 2020.

Tenn. Comp. R. & Regs. 0520-01-02-.13 FISCAL ACCOUNTABILITY STANDARDS

(1) Data Collection.

(a) The Commissioner of Education (Commissioner), in consultation with the Comptroller of the Treasury, shall prescribe a system of school fiscal accounting for all LEAs which ensures that the expenditure of funds is properly accounted for and safeguarded in accordance with current law and State Board rules, regulations, and minimum standards. The Commissioner shall require such reports from LEAs as are required by federal or state law, State Board rules, or as are otherwise necessary for ensuring fiscal accountability standards.

(b) To ensure proper financial reporting of revenue and expenditures for all public school purposes, the system of school fiscal accounting shall include a standard chart of accounts and audit procedures. The standard chart of accounts shall be the basis for the Annual Public School Budget Document (Budget Document), which shall contain the account codes necessary to ensure the capability for meaningful comparisons of school systems. At a minimum, the Budget Document shall be designed to facilitate year-to-year and agency-to-agency comparison, as well as adequately indicating the sources and uses of all funds received by each LEA, and sufficient revenue account codes to differentiate between federal, state and local revenue.

(c) The report of actual expenditures shall be the Annual Public School Financial Report (Financial Report) and shall include sufficient information to allow an LEA by LEA comparison of budgeted and actual expenditures. The Financial Report shall, at a minimum, be designed to facilitate year-to-year and agency-to-agency comparison, as well as adequately indicating the sources and uses of all funds received by each LEA, and shall differentiate between federal, state and local revenue when reporting actual revenue for the prior year and estimated revenue for budget purposes.

(d) The Department of Education shall establish procedures for collecting and verifying required data inputs for use in determining allocations through the state’s K-12 education funding formula.

(2) Reports & Documents.

(a) Within thirty (30) days after the beginning of each fiscal year, each LEA shall submit to the Commissioner, on a form provided by the Department of Education, a complete and certified copy of its entire school budget for the current school year.

(b) On or before October 1 of each year, each LEA shall submit to the Commissioner a correct and accurate financial report of public school revenues and expenditures for the school year ending on June 30. The Commissioner shall require such reports and maintain such documents as will allow a comparison of the state’s K-12 education funding allocations with actual expenditures for each school system.

(c) The Commissioner shall provide to the State Board on or before October 1 of each year a report of ADM for each LEA for the previous school year.

(d) The Department of Education shall prepare and report to the State Board final allocations of the state’s K-12 education funding formula for each LEA prior to the start of the school year.

(3) Review and Verification.

(a) The budget submitted by each LEA will be reviewed by the Department of Education to ensure that state funds are not being used to supplant local funds and that each school system has appropriated funds sufficient to fund its local share of the state’s K-12 education funding formula.

(b) Revenue derived from local sources must equal or exceed prior year actual revenues excluding capital outlay and debt service, and adjusted for decline in average daily membership (ADM).

(c) The Department of Education shall verify that funds generated in the state’s K-12 education funding formula are being budgeted for eligible expenses, inclusive of any legal requirements that restrict fund usage. The Commissioner shall advise the State Board of all LEAs which fail to meet these minimum standards by January 15 of each year.

(d) Each LEA shall provide to the Commissioner or a designated representative copies of all LEA related audit reports, including those made by governmental or independent public accountants.

(e) The Department of Education shall conduct review and follow-up procedures to ensure that audit exceptions are evaluated and appropriate actions are taken. The Commissioner shall notify the State Board of any material and significant findings which reflect on the ability of the LEA to provide a quality education or which indicate that progress toward satisfactory resolution is not being made.

(4) Audit.

(a) An Internal Audit Section will be maintained in the Department of Education for the

purpose of testing and evaluating LEA administrative and accounting controls, compliance, and financial and program accountability for state and federally funded programs, and for compliance with State Board rules, regulations, and minimum standards. The Internal Audit Section shall make such full and limited scope audits as it deems necessary under the circumstances, and special audits as requested by responsible government officials. The audits will be performed in accordance with standards for the professional practice of internal auditing and with generally accepted governmental auditing standards.

(b) To provide reasonable assurance that attendance and financial reports are reliable and accurate, the Internal Audit Section shall conduct audit procedures for the review and testing of the attendance accounting system. The Internal Audit Section shall review such programs as necessary to provide reasonable assurance that funds are properly accounted for and safeguarded in accordance with current law, applicable federal standards, and State Board rules, regulations, and minimum standards. Audits shall include evaluating program objectives, grant performance and accountability to determine that each LEA has a system in place to ensure compliance with program regulations and guidelines.

(c) The Commissioner shall be advised of all audits, including a summary of the scope of the audit, the findings, recommendations, management comments, and conclusions including a determination as to the adequacy of corrective action planned or implemented. The State Board, Director of Schools, and representatives of the Comptroller’s Office shall be provided copies of all audits conducted.

History

Authority: T. C.A. §§ 49-1-201, 49-1-210, 49-1-302, and 49-3-316 and Public Chapter 966 of the Public Acts of 2022.
Administrative History: Original rule filed November 3, 1993; effective March 30, 1994. Amendment filed June 30, 1995; effective October 27, 1995. Amendments filed August 11, 2017; effective November 9, 2017. Amendments filed August 28, 2023; effective November 26, 2023.

Tenn. Comp. R. & Regs. 0520-01-02-.14 REPEALED

History

Authority: T.C.A. §§ 49-1-209, 49-1-210, and 49-1-302(i).
Administrative History: Original rule filed January 31, 1995; effective May 31, 1995. Amendment filed August 7, 1995; effective December 29, 1995. Repeal filed August 20, 2020; effective November 18, 2020.

Tenn. Comp. R. & Regs. 0520-01-02-.15 REPEALED

History

Authority: T.C.A. §§ 49-1-302(a) and 49-6-2202(c).
Administrative History: Original rule filed January 31, 1995; effective May 31, 1995. Amendment filed August 7, 1995; effective December 29, 1995. Repeal filed August 11, 2017; effective November 9, 2017.

Tenn. Comp. R. & Regs. 0520-01-02-.16 SCHOOL FEES AND DEBTS

(1) School Fees.

(a) No fees or tuition shall be required of any student as a condition of attending a public school or using its equipment while receiving educational training.

(b) Local boards of education may adopt a policy requesting, but not requiring certain school fees of any student, regardless of financial status (including eligibility for free or reduced price lunch). All school fees must be authorized by the local board of education. The school fees that may be requested, but not required include:

Fees for activities that occur during regular school hours (the required 180 instructional days), including field trips, any portion of which fall within the school day; or for activities outside regular school hours if required for credit or grade;
Fees for activities and supplies required to participate in all courses offered for credit or grade, including interscholastic athletics and marching band if taken for credit in accordance with local board policies;
Fees or tuition applicable to courses taken during the summer by a student, except that nonresident students regularly enrolled in another school system may be required to pay fees or tuition for such summer courses;
Fees required for graduation ceremonies; and 5. Refundable security deposits requested by a school for use of school property for courses offered for credit or grade, including interscholastic athletics and marching band if taken for credit or grade in accordance with local board policies.

(c) Local Education Agencies (LEAs) shall establish a process by which to waive any requested, but not required, school fees.

At the beginning of the school year, at the time of enrollment, and/or at the time of requesting school fees, all students and their parents or legal guardians shall be given clear and prominent written notice of authorized fees that may be requested, but not required, and notice of the fee waiver process.
The parent or legal guardian of a student shall be given the opportunity to pay all or any portion of the requested school fee if they desire.
If a waiver is not approved by the LEA, the LEA cannot require payment of the requested fee. If the parent chooses not to pay a requested fee, the child shall not be prevented from participating in the activity or course for which the fee is being requested.

(2) School Debts and Other Permissible Charges.

(a) LEAs are authorized to require payment of the following by all affected students:

Fines imposed on all students for late-returned library books; parking or other traffic fines imposed for abuse of parking privileges on school property; or reasonable charges for lost or destroyed textbooks, library books, workbooks, or any other property of the school;
Debts incurred pursuant to paragraph (2)(b);
Refundable security deposits collected by a school for use of school property for participation in extracurricular, non-credit-bearing activities;
Costs for extracurricular activities occurring outside the regular school day including sports, optional trips, clubs, or social events; and 5. Non-resident tuition charged of all students attending a school system other than the one (1) serving their place of residence.

(b) Withholding of Student Grades for Debts Owed to the School.

LEAs are authorized to withhold all grade cards, diplomas, certificates of progress, or transcripts of a student who has taken property that belongs to a LEA, or has incurred a debt to a school, until such student makes restitution in full. Unpaid school fees, as defined above, shall not be considered debts owed to the school.
No student shall be sanctioned under the provisions of this rule when the student is deemed by the LEA to be without fault for the debt owed to the LEA or the school.
Nothing in this rule authorizes any LEA to limit the rights of parents or legal guardians to have access to their children’s educational records pursuant to the Family Educational Rights and Privacy Act.
LEAs shall afford the student and/or the student’s parent or legal guardian the opportunity to appear and be heard if such student and/or the parent or legal guardian disputes the debt, the amount of the debt, or the application of sanctions.

History

Authority: T.C.A. §§ 49-1-302, 49-2-110, 49-2-114, and 49-6-3401.
Administrative History: Original rule filed April 28, 2000; effective August 28, 2000. Amendments filed August 20, 2020; effective November 18, 2020.

Tenn. Comp. R. & Regs. 0520-01-02-.17 STATE ENROLLMENT AND ATTENDANCE GUIDELINES

(1) Children entering kindergarten shall be five (5) years of age on or before August 15.

However, a child does not have to enroll in school at five (5) years of age, but enrollment must occur no later than the beginning of the academic year following the child’s sixth (6th) birthday.

(2) Any transfer student applying for admission who was legally enrolled in an approved kindergarten in another state and who will be five (5) years of age no later than December 31 of the current school year shall be enrolled.

(3) Pursuant to the Tennessee compulsory attendance law, all children must attend school between the ages of six (6) and seventeen (17), both inclusive. T.C.A. §§ 49-6-3001 and 49- 6-3005 provide that the following children may be exempt from the compulsory attendance law:

(a) Children mentally or physically incapacitated to perform school duties, with the disability attested to by a duly licensed physician in all cases;

(b) Children who have completed high school and hold a high school diploma or other certificate of graduation;

(c) Children enrolled in and making satisfactory progress in a course of instruction leading to a high school equivalency credential approved by the State Board of Education;

(d) Children participating in a program of hospital or homebound instruction administered or approved by the LEA;

(e) Children six (6) years of age or under whose parent or guardian have filed a notice of intent to conduct a home school as provided by T.C.A. § 49-6-3001 or who are conducting a home school as provided by T.C.A. § 49-6-3050;

(f) Children enrolled in a home school who have reached seventeen (17) years of age; and (g) Children who have attained their seventeenth (17th) birthday and whose continued compulsory attendance, in the opinion of the local board of education in charge of the school to which the children belong and are enrolled, results in detriment to good order and discipline and to the instruction of other students and is not of substantial benefit to the children.

(4) Local boards of education may admit students from outside their respective local school district at any time.

(a) Local boards of education may arrange for the transfer of students residing within their district to other school districts by establishing agreements with other local boards of education for the admission or transfer of students from one (1) school district to another.

(b) The receiving board of education may set a time before or during the school year after which it will not accept transfer students. The receiving board of education may charge the non-resident student tuition to attend.

(c) If a local board of education otherwise permits non-resident students to transfer into its schools, it may not discriminate against any students solely on the grounds of their race, sex, national origin, or disability, nor may it charge such students a tuition over and above the usual tuition for students without disabilities.

(5) Each local board of education shall adopt an attendance policy that is firm, but fair; includes effective accounting and reporting procedures to keep parents or guardians informed of student absences; accounts for extenuating circumstances created by emergencies over which the student has no control; includes appeal procedures; and establishes and maintains alternative programs for students who fail to meet minimum attendance requirements.

(a) Excused Absences. The policy shall address requirements for the excusing of absences. Students receiving an excused absence shall be afforded the opportunity to complete all missed assignments. The policy shall include, but not be limited to, excused absences for the following situations:

Absences pursuant to a summons, subpoena, court order, or other legal requirement.

(i) This does not apply to absences that are the result of a commission of a delinquent act and when notice of intent to transfer the student to criminal court has been provided pursuant to § 37-1-134, or for detention purposes pursuant to § 37-1-114(c).

Missing a class or day of school because of the observance of a day set aside as sacred by a recognized religious denomination of which the student is a member or adherent, where such religion calls for special observances of such a day.
The student’s parent or legal guardian is a member of the United States armed forces, including a member of a state National Guard or a reserve component, and is called to federal active duty. In this case, the principal shall give the student:

(i) An excused absence for one (1) day when the member is deployed;

(ii) An additional excused absence for one (1) day when the service member returns from deployment;

(iii) Excused absences for up to ten (10) days for visitation when the member is granted rest and recuperation leave and is stationed out of the country; and (iv) Excused absences for up to ten (10) days cumulatively within the school year for visitation during the member’s deployment cycle. The student shall provide documentation to the school as proof of the service member’s deployment. However, the total number of excused absences under this subparagraph (iv) and subparagraph (iii) shall not exceed ten (10) days within the school year.

The student attends a released time course and the local board of education has adopted a policy that excuses a student from school to attend a released time course in compliance with T.C.A. § 49-2-130. However, if the local board of education has not adopted such a policy, a public school shall, upon the request of a student’s parent or legal guardian, excuse a student from school to attend a released time course if the requirements of T.C.A. § 49-2-130(h) are met.
Participation in a non-school-sponsored extracurricular activity, provided the LEA has adopted a policy authorizing excused absences for participating in nonschool-sponsored extracurricular activities and provided the following conditions are met:

(i) The student provides documentation to the school as proof of the student’s participation in the non-school-sponsored extracurricular activity;

(ii) The student’s parent, custodian, or other person with legal custody or control of the student, prior to the extracurricular activity, submits to the principal or the principal’s designee a written request for the excused absence. The written request shall be submitted no later than seven (7) business days prior to the student’s absence and shall include all requirements set forth in T.C.A. § 49-6-3022;

(iii) The principal or the principal’s designee shall approve, in writing, the student’s participation in the non-school-sponsored extracurricular activity; and (iv) The principal may limit the number and duration of non-school-sponsored extracurricular activities for which excused absences may be granted to a student during the school year, provided, however, the principal shall excuse no more than ten (10) absences each school year for students participating in non-school-sponsored extracurricular activities.

(b) Unexcused Absences. The policy shall address unexcused absences.

(c) Students Counted as Present. The policy shall include the following situations for which students shall be counted as present, in the same manner as an educational field trip, rather than given an excused or unexcused absence. Students counted as present shall be afforded the opportunity to complete all missed assignments.

Students serving in-school suspension and receiving educational services.
Students receiving medical or educational homebound instruction.
Students who serve as pages for the General Assembly during the school year, either at regular or special sessions.
Students participating in school-sponsored events shall be counted present provided the events or activities are school directed, related to an instructional activity, and have prior approval of the local board of education.
Students participating in an activity or program sponsored by 4-H shall be counted present in accordance with requirements set forth in T.C.A. § 49-6-3026 and provided the program or activity does not occur during the schedule established by the Commissioner of Education for the administration of the Tennessee comprehensive assessment program (TCAP) or any period of time for which the student has been suspended, expelled, or assigned to an alternative school or program if the suspension, expulsion, or assignment to the alternative school or program would otherwise preclude the student from participating in an educational field trip.
Students appointed as the student member of the State Board of Education shall be counted as present for the time the student spends in the performance of duties as a member of the State Board of Education. The student shall provide to the principal of the student’s school written certification from the Executive Director of the State Board of Education that the student was participating in duties as a member of the State Board of Education.
LEAs may adopt a policy allowing high school students participating in postsecondary school visits to be counted as present. Students shall only be counted present the day of the postsecondary visit and shall not be counted as present during any travel days. If an LEA adopts such a policy, the policy shall include:

(i) The number of days a student may be counted present for postsecondary school visits;

(ii) A requirement of prior written notice from a parent or legal guardian specifying the date of the postsecondary school visit;

(iii) A specific procedure for documenting that a student visit to a postsecondary school occurred, such as a signed letter or form from a campus official of the postsecondary institution;

(iv) A requirement for students to complete all school work missed during a postsecondary school visit;

(v) A requirement that the postsecondary school visit does not occur during the schedule established by the Commissioner of Education for the administration of the Tennessee comprehensive assessment program (TCAP);

(vi) A provision specifying that postsecondary school visits are not required of any student; and (vii) A provision specifying that the student’s parent or guardian, not the district, is solely responsible for facilitating postsecondary school visits and for ensuring the safety of students during the visit.

(d) The policy shall align with the McKinney-Vento Homeless Assistance Act [found at 42 U.S.C. §§ 11431, et seq.].

(e) Local attendance policies shall not be used to penalize students academically, however, it is up to the LEA whether or not a student is allowed to make up work for assignments missed during an unexcused absence.

(f) The attendance policy adopted by the local board of education shall be posted on the local board of education’s website, and school counselors shall be supplied copies for discussion with students.

(g) The policy shall be referenced in all school handbooks. All teachers, administrative staff, and parents/guardians shall be provided copies of the policy. Such copies may be provided electronically or in writing.

(h) LEAs that are charter school authorizers shall ensure that authorized charter schools have adopted a policy in compliance with this Rule or that the charter school complies with the LEA’s attendance policy.

(6) Pursuant to T.C.A. § 49-6-3009, each local board of education shall adopt a progressive truancy intervention plan for students who violate compulsory attendance requirements prior to the filing of a truancy petition or a criminal prosecution for educational neglect. These interventions must be designed to address student conduct related to truancy in the school setting and minimize the need for referrals to juvenile court.

(7) Whenever possible, attendance issues should be resolved at the school level. To ensure due process, local boards of education must adopt a policy that affords students with excessive (more than five (5)) unexcused absences the opportunity to appeal. Such policy must, at minimum, include written or actual notice to the student or their parent/guardian and the opportunity to be heard. The burden of proof rests on the student or their parent/guardian.

The appeal process for determining unexcused absences is ancillary to a truancy decision rendered by a juvenile court judge as described in T.C.A. § 49-6-3010.

(8) LEAs are encouraged to develop truancy boards, youth courts, or other alternative programs to serve as an intervention for students with excessive absences. These may be in addition to, or a part of, the progressive truancy intervention plan required by T.C.A. § 49-6-3009.

History

Authority: T.C.A. §§ 49-2-130, 49-6-3002, 49-6-3005, 49-6-3009, 49-6-3018, 49-6-3019, 49-6-3022, and 49-6-3026 and Chapter 549 of the Public Acts of 2024.
Administrative History: (For history prior to June 1992, see pages iii through ix). Repeal filed March 16, 1992; effective June 29, 1992. New rule filed December 23, 2014; effective March 23, 2015. Emergency rules filed April 16, 2020; effective through October 13, 2020. Emergency rules expired effective October 14, 2020, and the rules reverted to their previous statuses. Amendments filed August 20, 2020; effective November 18, 2020. Amendments filed January 24, 2024; effective April 23, 2024. Amendments filed September 11, 2024; effective December 10, 2024.

Tenn. Comp. R. & Regs. 0520-01-02-.18 THROUGH 0520-01-02-.29 REPEALED

History

Authority: T.C.A. § 49-1-203.
Administrative History: (For history prior to June 1992, see pages iii through ix). Repeal filed March 16, 1992; effective June 29, 1992.

Tenn. Comp. R. & Regs. 0520-01-02-.30 REPEALED

History

Authority: T.C.A. §§ 49-1-302 and 49-2-122.
Administrative History: Original rules filed August 20, 2020; effective November 18, 2020. Repeal filed May 28, 2025; effective August 26, 2025.

Tenn. Comp. R. & Regs. 0520-01-02-.31 ORGANIZATION AND ADMINISTRATION OF SCHOOLS

(1) The minimum length of the school day for students shall be six and one-half (6½) hours.

LEAs may elect to extend the school day to at least seven (7) hours for the purpose of accumulating stockpile days to meet instructional time requirements pursuant to T.C.A. § 49- 6-3004(e)(1).

(2) The length of the kindergarten day shall not be less than four (4) hours. Double sessions in any kindergarten program may be permitted so long as both sessions meet all legal requirements for kindergarten programs.

(3) A cumulative record provided to teachers by the LEA shall be kept up to date for each student, kindergarten (K) through grade twelve (12), and shall remain as local school property.

(a) Each school shall provide for the storage and safekeeping of all records and reports.

(b) The maintenance, use, dissemination, and confidentiality of information in school records and reports shall be governed by written policies of the local board of education.

(4) Local boards of education shall have policies providing for class sizes in grades kindergarten (K) through twelve (12) in accordance with T.C.A. § 49-1-104.

(5) Teachers shall be on duty at least seven (7) hours per day and such additional time as the LEA requires.

(6) Local boards of education shall provide full-time classroom teachers in grades kindergarten (K) through twelve (12) with individual duty-free planning periods during the established instructional day.

(a) Individual planning time shall consist of two and one-half (2½) hours each week during which teachers have no other assigned duties or responsibilities other than planning for instruction. The two and one-half (2½) hours may be divided on a daily or other basis.

(b) In schools providing a lunch period for students, all teachers shall be provided each day with a lunch period during which they shall not have assigned duties. The lunch period for each teacher shall be at least the same amount of time as that allowed for students. Individual duty-free planning time shall not occur during any period that teachers are entitled to duty-free lunch.

(c) Any LEA which is providing an individual duty-free planning period by extending the school day by thirty (30) minutes as of the beginning of the 2000-01 school year may continue such practice and satisfy the planning time requirements.

(7) Local boards of education shall ensure compliance with the background check requirements of T.C.A. §§ 49-5-406 and 49-5-413, for all teachers or for any other positions requiring close proximity to children.

(8) Local boards of education shall develop, maintain, and implement a long-range strategic plan that addresses at least a five (5)-year period of time. The plan shall be posted to the LEA’s website and include a mission statement, goals, objectives, and strategies, and identify how the strategic plan supports one (1) or more goals contained in the State Board of Education Master Plan. The strategic plan shall be reviewed every two (2) years and updated, if necessary. The LEA shall develop and implement a district-level improvement plan that operationalizes the local board of education’s five (5)-year strategic plan in accordance with State Board District and School Improvement Planning Policy 2.101.

History

Authority: T.C.A. §§ 49-1-104, 49-1-302, 49-1-613, 49-5-406, 49-5-413, and 49-6-3004.
Administrative History: Original rules filed August 20, 2020; effective November 18, 2020. Amendments filed December 2, 2021; effective March 2, 2022. Amendments filed April 14, 2026; effective July 13, 2026.

Tenn. Comp. R. & Regs. 0520-01-02-.32 ASSESSMENT MATERIALS REVIEW

(1) Definitions. As used in this Rule:

(a) “Department” means the Tennessee Department of Education.

(b) “LEA” means Local Education Agency and has the same meaning given in T.C.A. § 49- 1-103(2).

Rule.

(d) “Member” means an active sworn-in representative or senator of the Tennessee General Assembly.

(e) “Testing Materials” or “Proposed Testing Materials” means any copies of questions, writing prompts, or scoring rubrics and tables that have been used, or have been proposed or planned for future use as part of statewide Tennessee Comprehensive Assessment Program (TCAP) and end-of-course assessments. This does not include student answer sheets or materials completed by specific students.

(2) A Member may make a request to the LEA or Department to inspect and review any Materials that are in the LEA or Department’s possession.

(3) When submitting a request to inspect and review Materials directly to an LEA, the request shall be made in writing to the LEA and the request shall include the name of the Material(s) requested (if known), the grade level and subject area, and the purpose for the request. An LEA who receives a request from a Member for Materials shall forward the request to the Commissioner of Education (“Commissioner”) or the Commissioner’s designee within five (5) business days of the LEA’s receipt of the request. The Commissioner or Commissioner’s designee shall respond to the Member’s request and provide any Materials that are in the Department’s possession pursuant to paragraphs (4) and (5) of this Rule.

(4) When submitting a request to inspect and review Materials directly to the Department, the request shall be made in writing to the Commissioner or the Commissioner’s designee and include the name of the Material(s) requested (if known), the grade level and subject area, the purpose for the request, and any additional information required by the Department The Department shall provide any Materials that are in the Department’s possession to a Member upon the Member’s request to inspect and review the Materials.

(5) Within five (5) business days of the Department’s receipt of the request from the Member pursuant to paragraph (4) of this Rule or from the LEA pursuant to paragraph (3) of this Rule, the Department shall respond to the Member acknowledging receipt of the Member’s request. The Department shall provide the requested Materials to the Member for the Member to review in person either at the Department’s offices or, if requested by the Member, at the Member’s legislative offices in Nashville.

(a) The Department shall provide the requested Materials to the Member for the Member to review in person within fifteen (15) business days of receipt of the request, unless another date is agreed upon by the Member and the Department.

(b) The Department and the Member may otherwise mutually agree to a different meeting time and location.

(c) All test security protocols outlined in the Tennessee Test Security Manual published by the Department shall be followed by the Member prior to, during, and after review and receipt of the Materials.

(d) In order to protect the validity or reliability of Materials, Members granted access to Materials must complete a non-disclosure agreement provided by the Department prior to accessing and receiving Materials.

(e) The Department shall provide necessary test security training to the Member prior to providing access to the Materials.

(f) The Department and the Member shall comply with the Data Accessibility, Transparency and Accountability Act, compiled in Title 49, Chapter 1, Part 7, the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. 1232g), and T.C.A. § 10-7-504 at all times during and after the review and receipt of Materials.

(6) The release of Materials to a Member by the Department pursuant to this Rule shall not include:

(a) Items required by the Department to validate future administrations of the Tennessee Comprehensive Assessment Program (TCAP) and end-of-course assessments;

(b) Items that are being field tested for future administrations of the Tennessee Comprehensive Assessment Program (TCAP) and end-of-course assessments;

(c) Passages, content, or related items if the release would be in violation of copyright infringement laws; or (d) Items that would impact the validity, reliability, or cost of administering the Tennessee Comprehensive Assessment Program (TCAP) and end-of-course assessments. This includes, but is not limited to, the release of information that would place the Department in violation of intellectual property or privacy clauses outlined in contracts held by the Department.

History

Authority: T.C.A. § 49-6-6016.
Administrative History: New rule fil ed April 20, 2023; effective July 19, 2023.

Tenn. Comp. R. & Regs. 0520-01-02-.33 FISCAL CAPACITY FORMULA REVIEW AND APPROVAL

(1) The Tennessee Investment in Student Achievement (“TISA”) Act passed by the Tennessee General Assembly in 2022 established a new student-based funding formula for Tennessee public schools, beginning in the 2023-24 school year.

(2) T.C.A. § 49-3-104 requires that the fiscal capacity formula be evaluated by the Comptroller of the Treasury and approved by the State Board. Additionally, Department of Education TISA

Rule 0520-12-05-.08 provides that the Comptroller of the Treasury may make recommendations on any changes to the fiscal capacity formula to the State Board, and that the State Board shall establish a process and timeline for approval of the formulas.

(3) The purpose of this Rule is to set forth the process and timeline for the State Board to approve the fiscal capacity formula after receipt of an evaluation of the formula from the Comptroller of the Treasury and any accompanying recommendations or considerations.

(4) Review and Approval Process.

(a) Prior to the implementation of TISA in the 2023-24 school year, the State Board shall review the evaluation report of the fiscal capacity formula from the Comptroller of the Treasury, along with any recommendations or considerations from the Comptroller of the Treasury and approve the formula.

(b) The Comptroller of the Treasury shall conduct a new evaluation of the fiscal capacity formula and provide the evaluation report and any recommendations or considerations to the State Board no more than five (5) years from the date the formula was last approved by the State Board. The evaluation report shall be submitted to the State Board on or before January 1 of the fifth (5th) year.

If the Comptroller of the Treasury undertakes an off-cycle review and the State Board approves changes to the fiscal capacity formula as a result of the off-cycle review as set forth in paragraph (4)(e) of this Rule, the regular five (5) year review cycle does not reset. The regular five (5) year review cycle will always be determined based on the date the formula was last approved by the State Board as part of a regular review.

(c) If the Comptroller of the Treasury’s evaluation report includes recommendations or considerations regarding changes to the fiscal capacity formula, the evaluation report shall include:

A detailed description of the proposed change and the rationale for the proposed change;
The expected fiscal or other impact of the proposed change on school districts and/or local governments;
A detailed description of options to mitigate any negative fiscal impact to school districts and/or local governments, including, but not limited to the appropriation of additional state funding external to the TISA formula by the Tennessee General Assembly or the passage of legislation;
Any methods for implementing the proposed change; and 5. Any additional information the Comptroller of the Treasury determines will aid the State Board in evaluating the proposed change.

(d) If the Comptroller of the Treasury’s evaluation report includes recommendations or considerations regarding changes to the fiscal capacity formula, the State Board may approve the formula, with or without the change(s). The approval of any changes to the fiscal capacity formula that includes a request for an adjustment in state appropriations shall be done in consultation with the Department of Finance and Administration.

If changes to the formula are approved by the State Board, the Department shall incorporate the revised fiscal capacity estimates received from the Tennessee Advisory Commission on Intergovernmental Relations (“TACIR”) and the Boyd Center for Business and Economic Research at the University of Tennessee (“CBER”) into preliminary TISA allocations provided to districts in the first fiscal year following adoption of the changes. For the second fiscal year following adoption of the changes, the Department shall incorporate revised fiscal capacity estimates into final TISA allocations provided to districts.
The State Board may also place additional requirements on the implementation of any approved changes to the formula, including, but not limited to, the occurrence of certain conditions specified by the State Board or delayed implementation of changes beyond the timelines set forth in paragraph (4)(d)1. of this Rule, according to a schedule specified by the State Board. If the State Board approves changes to the fiscal capacity formula contingent on additional state appropriations from the General Assembly external to the TISA formula, the approved changes shall not take effect pursuant to the schedule set forth in paragraph (4)(d)1. of this Rule until such funds are appropriated by the General Assembly.

(e) The State Board may request that the Comptroller of the Treasury evaluate proposed changes to the fiscal capacity formula outside of the regular five (5) year cycle established above if the State Board receives a request from TACIR, CBER, the TISA Review Committee, the Commissioner of Finance and Administration, both chairs of the Finance Ways and Means Committees of the Tennessee House and Senate, or the Commissioner of Education to undertake an off-cycle evaluation of proposed changes to the fiscal capacity formula. Requests shall be submitted to the Executive Director of the State Board (“Executive Director”).

A request to undertake an off-cycle evaluation of proposed changes to the fiscal capacity formula submitted by TACIR or CBER shall include all information set forth in paragraphs (4)(c)1. through 4. of this Rule and any additional information that would aid the State Board and the Comptroller of the Treasury in evaluating the proposed change. Requests that do not contain all of the required information will not be considered.
A request to undertake an off-cycle evaluation of proposed changes to the fiscal capacity formula submitted by the TISA Review Committee, the Commissioner of Finance and Administration, both chairs of the Finance Ways and Means Committees of the Tennessee House and Senate, or the Commissioner of Education shall include a justification for the off-cycle review request and any information that would aid the State Board and the Comptroller of the Treasury in evaluating the request for the off-cycle evaluation and proposed change.

Requests that do not contain all of the required information will not be considered.

After receipt of a complete request, the Executive Director shall conduct a review of the request and make a recommendation to the State Board. The Executive Director may recommend that the request for an off-cycle review be approved, denied, or that the request be considered by the Comptroller of the Treasury during the next scheduled regular five (5) year review.
If the State Board votes to request the Comptroller of the Treasury to conduct an off -cycle evaluation of proposed changes to the fiscal capacity formula, the Executive Director shall work with the Comptroller of the Treasury to determine an appropriate timeframe within which the evaluation of proposed changes to the formula shall be submitted by the Comptroller of the Treasury to the State Board for review.
The Comptroller of the Treasury shall submit its evaluation of the proposed changes to the fiscal capacity formula to the State Board by the deadline agreed upon by the Executive Director and the Comptroller of the Treasury. The evaluation report shall include:

(i) A detailed description of the proposed change and the rationale for the proposed change;

(ii) The expected fiscal or other impact of the proposed change on school districts and/or local governments;

(iii) A detailed description of options to mitigate any negative fiscal impact to school districts and/or local governments, including, but not limited to, the appropriation of additional state funding external to the TISA formula by the Tennessee General Assembly or the passage of legislation;

(iv) Any methods for implementing the proposed change; and (v) Any additional information the Comptroller of the Treasury determines will aid the State Board in evaluating the proposed change.

Upon receipt of the Comptroller’s report evaluating the proposed change, the State Board may take no action on the report or vote to approve the changes to the fiscal capacity formula. The approval of any changes to the fiscal capacity formula that includes a request for an adjustment in state appropriations shall be done in consultation with the Department of Finance and Administration.

(i) If changes to the formula are approved by the State Board, the Department shall incorporate the revised fiscal capacity estimates received from TACIR and CBER into preliminary TISA allocations provided to districts in the first fiscal year following adoption of the changes. For the second fiscal year following adoption of the changes, the Department shall incorporate revised fiscal capacity estimates into final TISA allocations provided to districts.

(ii) The State Board may also place additional requirements on the implementation of any approved changes to the formula, including, but not limited to, the occurrence of certain conditions specified by the State Board or delayed implementation of changes beyond the timelines set forth in paragraph (4)(e)6.(i) of this Rule, according to a schedule specified by the State Board. If the State Board approves changes to the fiscal capacity formula contingent on additional state appropriations from the General Assembly external to the TISA formula, the approved changes shall not take effect pursuant to the schedule set forth in paragraph (4)(e)6.(i) of this

Rule until such funds are appropriated by the General Assembly.

History

Authority: T.C.A. §§ 4-5-102, 49-1-302, and 49-3-104.
Administrative History: New rule filed September 20, 2023; effective December 19, 2023.

Chapter 0520-01-03 Academic and Instructional Requirements

Tenn. Comp. R. & Regs. 0520-01-03-.01 PURPOSE

T.C.A. § 49-1-302(a)(8) authorizes the State Board of Education to “set policies governing all academic standards and courses of study in the public schools.” The approved standards are to be the basis for planning instructional programs in each local education agency (LEA), state special school, and public charter school.

History

Authority: T.C.A. § 49-1-302.
Administrative History: Original rule certified June 10, 1974. Amendment filed July 15, 1976; effective August 16, 1976. Amendment filed February 28, 1978; effective March 30, 1978. Amendment filed October 1, 1985; effective October 31, 1985. Amendment filed May 28, 1986; effective June 27, 1986. Repeal and new rule filed March 16, 1992; effective June 29, 1992. Amendments filed October 25, 2017; effective January 23, 2018. Amendments filed March 20, 2018; to have been effective June 18, 2018. However, on May 24, 2018, the Government Operations Committee filed a 5-day stay; new effective date June 23, 2018. Amendments filed January 11, 2019; effective April 11, 2019. Amendments filed August 20, 2020; effective November 18, 2020.

Tenn. Comp. R. & Regs. 0520-01-03-.02 UNIFORM GRADING SYSTEM

(1) Until the 2022-2023 school year, LEAs shall use the following uniform grading system for students enrolled in grades nine through twelve (9-12) for purposes of application for postsecondary financial assistance administered by the Tennessee Student Assistance Corporation:

Uniform Grading System Grade Percentage Range Honors Courses Local and Statewide Dual Credit Courses, Industry Certification- Aligned Courses, and Dual Enrollment Courses Advanced Placement, Cambridge International, College Level Exam Program (CLEP), and International Baccalaureate Courses A 93 100 Shall include the Shall include the Shall include the B 85 92 C 75 84 addition of 3 percentage points to the grades used to calculate the semester average. addition of 4 percentage points to the grades used to calculate the semester average. addition of 5 percentage points to the grades used to calculate the semester average.

D 70 74

F 0 69

(2) Beginning with grades issued in the 2022-2023 school year and thereafter, LEAs shall use the following uniform grading system for students enrolled in grades nine through twelve (9- 12) for purposes of application for postsecondary financial assistance administered by the Tennessee Student Assistance Corporation:

Uniform Grading System Grade Percentage Range Honors Courses Local and Statewide Dual Credit Courses, and Industry Certification- Aligned Courses*.

Advanced Placement, Cambridge International, College Level Exam Program (CLEP), International Baccalaureate Courses, and Dual Enrollment Courses*.

A 90 100

Shall include the addition of 3 percentage points to the grades used to calculate the semester average.

Shall include the addition of 4 percentage points to the grades used to calculate the semester average. *Dual Enrollment Courses completed in the 2022-23 and 2023-24 school years shall include the addition of 4 percentage points to the grades used to calculate the semester average.

Shall include the addition of 5 percentage points to the grades used to calculate the semester average. *Dual Enrollment Courses completed in the 2024-25 school year and thereafter shall include the addition of 5 percentage points used to calculate the semester average.

B 80 89

C 70 79

D 60 69

F 0 59

(3) Assigning additional quality points above 4.0 for honors courses, Advanced Placement (AP), College Level Exam Program (CLEP), International Baccalaureate (IB), Cambridge International, dual credit, dual enrollment, and Industry Certification-aligned courses is not allowed for the purpose of determining eligibility for the lottery scholarships.

(4) LEAs must utilize the Uniform Grading System to calculate eligibility for financial assistance administered by the Tennessee Student Assistance Corporation. However, LEAs may adopt an additional local grading scale(s) for other purposes.

(5) LEAs may adopt the Uniform Grading System for grades pre-K through eight (8) or they may adopt a local grading scale for those grades.

History

Authority: T.C.A. §§ 49-1-302, 49-6-407, and 49-6-3004.
Administrative History: Original rule certified June 10, 1974. Amendment filed July 15, 1976; effective August 16, 1976. Amendment filed February 28, 1978; effective March 30, 1978. Amendment filed January 9, 1979; effective February 23, 1979. Amendment and new rule filed October 15, 1979; effective January 8, 1980. Amendment filed April 14, 1980; effective May 28, 1980. Amendment filed November 13, 1981; effective March 16, 1982. Amendment filed April 13, 1982; effective May 28, 1982. Repeal and new rule filed April 18, 1983; effective May 18, 1983. Amendment filed January 6, 1984; effective April 15, 1984. Amendment filed August 20, 1984; effective November 13, 1984. Amendment filed October 3, 1985; effective January 14, 1986. Amendment filed March 25, 1986; effective June 14, 1986. Amendment filed May 28, 1986; effective June 27, 1986. Amendment filed July 10, 1986; effective October 29, 1986. Amendment filed October 29, 1986; effective December 13, 1986. Amendment filed July 22, 1987; effective October 28, 1987. Amendment filed November 18, 1987; effective February 28, 1988. Amendment filed July 21, 1988; effective October 29, 1988. Repeal and new rule filed March 16, 1992; effective June 29, 1992. Amendment filed November 3, 1993; effective March 30, 1994. Amendment filed March 14, 1995; effective July 28, 1995. Amendment filed April 29, 1996; effective August 28, 1996. Amendments filed October 25, 2017; effective January 23, 2018. Amendments filed March 20, 2018; to have been effective June 18, 2018. However, on May 24, 2018, the Government Operations Committee filed a 5-day stay; new effective date June 23, 2018. Amendments filed January 11, 2019; effective April 11, 2019. Amendments filed August 20, 2020; effective November 18, 2020. Emergency rules filed August 1, 2022; effective through January 28, 2023. Emergency rules expired effective January 29, 2023, and the rules reverted to their previous statuses. Amendments filed January 6, 2023; effective April 6, 2023. Amendments filed July 8, 2024; effective October 6, 2024.

Tenn. Comp. R. & Regs. 0520-01-03-.03 ACADEMIC PROGRAM REQUIREMENTS

(1) The Tennessee state academic standards approved by the State Board shall be used for all courses grades kindergarten through twelve (K-12).

(2) All textbooks and instructional materials adopted and purchased shall be aligned with state academic standards.

(3) All courses listed in the State Board’s Approved High School Courses Policy 3.205 may be offered for credit in grades nine through twelve (9-12). Additional details about approved courses shall be included in the Correlation of Course and Endorsement Codes database managed by the Department of Education.

(4) LEAs and public charter schools may offer special courses in addition to the courses listed in the State Board’s Approved High School Courses Policy 3.205. Such special courses shall be approved by the Department of Education and the State Board. Each special course approved by the Department shall be recommended to the State Board for an approval period of one (1), three (3), or six (6) years.

(5) Each school shall evaluate and report in writing to the parent or legal guardian each student’s progress in each subject, at least every nine (9) weeks, in accordance with the local school board’s grading policy.

(6) LEAs shall implement the Response to Instruction and Intervention (RTI²) framework adopted by the State Board. RTI² shall include high-quality instruction and interventions tailored to student need where core instructional and intervention decisions are guided by student outcome data. Tiered interventions in the areas of reading, mathematics, and/or writing shall occur in the general education setting depending on the needs of the student. If a student fails to respond to intensive interventions and is suspected of having a Specific Learning Disability as defined in State Board Rule 0520-01-09-.02, then the student may require special education interventions.

(7) LEAs shall award high school credit to students who successfully complete college-level courses aligned to a graduation requirement course, including general education and elective focus courses.

(a) Local high schools shall accept postsecondary credits as a substitution for an aligned graduation requirement course, including general education and elective focus courses for those students who take and pass dual enrollment courses at a postsecondary institution for credit.

(b) Local boards of education may adopt policies providing for dual credit college-level courses to be offered during the school day on the high school campus. Such courses must be taught by a licensed high school teacher or credentialed postsecondary faculty member approved by the local school system and partnering postsecondary institution.

These courses are to be considered part of the high school program, with content and instruction subject to the supervision of the school principal and local board of education.

(8) Coursework successfully completed in an LEA, public charter school, or Category I, II, or III private school, including coursework completed during a summer school operated or offered by these entities, is fully transferrable to any other approved school. All summer school teachers at a summer school operated or offered by an LEA or public charter school shall be licensed and hold endorsements in the subject areas in which they are teaching.

(9) LEAs may offer Work-Based Learning (WBL) experiences that allow students to apply classroom theories to practical problems and to explore career options. All WBL experiences shall align to the State Board’s Work-Based Learning Framework set forth in State Board High School Policy 2.103.

(10) State-mandated student testing programs shall be undertaken in accordance with procedures published by the Department of Education.

(a) State-mandated assessments shall be given for grades three through eleven (3-11).

(b) End-of-course examinations shall be given in English I, English II, Algebra I, Geometry, Algebra II, Integrated Math I, Integrated Math II, Integrated Math III, U.S. History, and Biology I.

(c) A comprehensive writing assessment shall be conducted in at least one (1) grade within elementary, middle grades, and high school as part of the state-mandated assessment program.

(d) The Department of Education shall provide raw score data from the end-of-course examinations to each LEA for the purpose of including student scores on the examinations into a student’s final grade for the course. The weight of the examination on the student’s final course grade in grades nine (9) through twelve (12) shall be determined by the LEA from a range of not less than five percent (5%) and not more than fifteen percent (15%). If an LEA does not receive its students’ end-of-course examination scores at least (5) instructional days before the scheduled end of the course, then the LEA may choose not to include its students’ examination scores in the students’ final average.

(e) Each local school board shall adopt a policy that details the methodology used and the required weighting for incorporating students’ scores on end-of-course examinations into final report card grades.

(f) Local school boards shall adopt a policy regarding security of test administration, consistent with Department of Education guidelines.

(g) The Department of Education shall annually report to the State Board the number and percentage of students who scored below but were promoted to the next grade level by the LEA. This data shall be disaggregated by subgroups similar to those required for federal reporting.

(11) Beginning in the 2023-24 school year, all students in grade eight (8), including students with an Individualized Education Program (IEP), shall begin the development of the high school and beyond plan in accordance with the State Board’s Middle Grades Policy 2.102 and High School Policy 2.103.

(12) Each local board of education shall adopt a credit recovery policy, aligned to the State Board’s High School Policy 2.103, to provide standards-based extended learning opportunities for students who have previously been unsuccessful in mastering the standards required to receive course credit or earn promotion.

(a) Each credit recovery policy shall include, but is not limited to, the following requirements:

Admission to and removal from credit recovery programs:

(i) The student’s parent or legal guardian shall give written consent for the student to enroll in the proposed credit recovery course. Parents/guardians shall be informed that not all postsecondary institutions will accept credit recovery courses for credit and that the NCAA Clearinghouse will not accept credit recovery courses for credit.

(ii) The student has previously taken an initial, non-credit recovery section of the proposed course. Credit recovery is designed to be a remediation option for students, and a credit recovery course shall not be the first time a student is exposed to the course content.

(iii) The student mastered at least fifty percent (50%) of the course standards as evidenced by the course grade in a non-credit recovery section of the course or a diagnostic assessment. Students who mastered below fifty percent (50%) of the course standards as evidenced by the course grade in a non-credit recovery section of the course or a diagnostic assessment, must re-take the course.

Instruction:

(i) Students enrolled in any credit recovery course shall be assigned to a teacher of record who is licensed and endorsed to teach the course.

(ii) Credit recovery facilitators may be responsible for day-to-day oversight and facilitation of credit recovery programs, under the guidance of the credit recovery teacher of record.

(iii) Credit recovery courses shall align with Tennessee’s current academic standards for the relevant course content area.

Grading and awarding of credit:

(i) Until the 2022-23 school year, students passing credit recovery courses shall receive a grade of seventy percent (70%) under the state uniform grading system. For grades issued in the 2022-23 school year and thereafter, students passing credit recovery courses shall receive a grade of sixty (60%) percent under the state uniform grading system. If the LEA also utilizes a locally adopted grading scale that differs from the uniform grading system, students passing credit recovery shall receive a D under the locally adopted grading scale.

(ii) The student transcript shall denote that the credit was attained through credit recovery.

(iii) The original failing grade may also be listed on the transcript, but shall not factor into the student’s GPA, in accordance with the State Board of Education’s Uniform Grading Policy 3.301.

(13) High School Equivalency Credentials.

(a) Pursuant to T.C.A. § 4-3-1422, the Tennessee Department of Labor and Workforce Development (Department of Labor) is required to make recommendations to the State Board for approval of assessments or criteria leading to the award of a high school equivalency credential. A high school equivalency credential is recognized as being equivalent to a traditional high school diploma.

(b) The Department of Labor shall oversee the issuance of high school equivalency credentials to individuals who meet the criteria established in subparagraphs (c) and (d) of this Rule.

(c) An individual shall be eighteen (18) years of age before being eligible to obtain a high school equivalency credential. However, a seventeen (17) year old who is not currently enrolled in school or who is currently enrolled in a Tennessee public school may be eligible to obtain a high school equivalency credential upon receiving a signed recommendation from the director of schools (or the director’s designee) of the LEA having jurisdiction over the individual. A seventeen (17) year old enrolled in a private school or church-related school may be eligible to obtain a high school equivalency credential upon receiving a signed recommendation from the leader of the private school or church-related school where the student is currently enrolled. The director of schools or leader of the private school or church-related school may require written documentation from the individual to support this recommendation. A seventeen (17) year old who is independently home schooled by their parent or legal guardian may be eligible to obtain a high school equivalency credential upon receiving a signed recommendation from the individual’s parent or legal guardian.

(d) In addition to meeting the requirements set forth in subparagraph (c), a high school equivalency credential may be obtained by meeting the requirements of any one (1) of the following pathways:

Pathway 1: High School Equivalency Test (HiSET).

(i) The HiSET test shall be operated in accordance with the policies established by the Department of Labor.

(ii) The HiSET test consists of five (5) subtests that count twenty (20) points each. In order to pass, the total composite score on the HiSET test shall be forty-five (45) or higher, and the minimum score on each subtest shall be eight (8) or higher.

Pathway 2: General Educational Development Test (GED).

(i) The GED test shall be operated in accordance with the policies established by the Department of Labor.

(ii) The GED test consists of four (4) subtests that count 200 points each. In order to pass, the score on each subtest shall be 145 or higher.

Pathway 3: Multiple Measures.

(i) Demonstrating subject matter competency by achieving passing subtest scores in math, reading, writing/language, science, and social studies.

Passing scores can be demonstrated through a combination of HiSET, GED, Test of Adult Basic Education (TABE), CASAS GOALS, or ACT WorkKeys subtests.

(I) All tests shall be operated in accordance with the policies established by the Department of Labor.

(II) The TABE test consists of three (3) subtests in the subject areas of math, reading, and writing/language. In order to pass the math subtest, the scale score shall be 537 or higher. In order to pass the reading subtest, the scale score shall be 536 or higher. In order to pass the writing/language subtest, the scale score shall be 547.

(III) The CASAS GOALS test consists of two (2) subtests in the subject areas of math and reading. In order to pass the math subtest, the scale score shall be 214 or higher. In order to pass the reading subtest, the scale score shall be 228 or higher.

(IV) The ACT WorkKeys test consists of one (1) math subtest and one (1) reading subtest. In order to pass the math subtest, the “Applied Math” score shall be 83 or higher. In order to pass the reading subtest, the “Workplace Documents” score shall be 78 or higher.

History

Authority: T.C.A. §§ 4-3-1422, 49-1-302, 49-2-110, 49-2-114, 49-6-101, 49-6-201, 49-6-3001, 49-6- 3003, 49-6-3005, 49-6-3104, 49-6-3105, 49-6-6001, and 49-6-6002; and Public Chapter 652 of 2020.
Administrative History: Original rule certified June 10, 1974. Amendment filed February 28, 1978; effective March 30, 1978. Amendment filed April 14, 1980; effective May 28, 1980. Amendment filed July 19, 1982; effective October 13, 1982. Repeal and new rule filed April 18, 1983; effective May 18, 1983. Amendment filed June 10, 1983; effective September 14, 1983. Amendment filed June 27, 1984; effective July 27, 1984. Amendment filed June 28, 1984; effective July 28, 1984. Amendment filed May 28, 1986; effective June 27, 1986. Repeal and new rule filed March 16, 1992; effective June 29, 1992. Amendment filed July 21, 1992; effective October 28, 1992. Amendment filed September 1, 1992; effective December 29, 1992. Amendment filed October 11, 1995; effective February 28, 1996. Amendment filed April 29, 1996; effective August 28, 1996. Amendment filed May 31, 1996; effective September 27, 1996. Amendment filed May 28, 1999; effective September 28, 1999. Amendment filed August 31, 2001; effective December 28, 2001. Amendment filed March 28, 2002; effective July 29, 2002. Amendment filed June 30, 2003; effective October 28, 2003. Amendment filed March 1, 2005; effective July 29, 2005. Amendment filed September 6, 2007; effective January 28, 2008. Amendment filed April 30, 2009; effective August 28, 2009. Amendment filed October 20, 2009; effective March 31, 2010. Amendment filed March 25, 2010; effective August 29, 2010. Amendment filed December 19, 2012; effective May 30, 2012. Amendments filed March 21, 2012; effective August 29, 2012. Amendment filed February 6, 2013; effective July 29, 2013. Amendment filed May 22, 2015; effective August 20, 2015. Amendments filed October 25, 2017; effective January 23, 2018. Amendments filed March 20, 2018; to have been effective June 18, 2018. However, on May 24, 2018, the Government Operations Committee filed a 5-day stay; new effective date June 23, 2018. Amendments filed January 11, 2019; effective April 11, 2019. Amendments filed August 20, 2020; effective November 18, 2020. Emergency rules filed November 19, 2020; effective through May 18, 2021. Emergency rules expired effective May 19, 2021, and the rules reverted to their previous statuses. Amendments filed September 6, 2022; effective December 5, 2022. Amendments filed January 4, 2024; effective April 3, 2024. Amendments filed October 16, 2024; effective January 14, 2025.

Tenn. Comp. R. & Regs. 0520-01-03-.04 REPEALED

History

Authority: T.C.A. §§ 49-1-302, 49-5-5103, and 49-5-5202.
Administrative History: Original rule certified June 10, 1974. Amendment filed June 30, 1975; effective July 30, 1975. Amendment filed July 15, 1976; effective August 16, 1976. Amendment filed February 28, 1978; effective March 30, 1978. Amendment filed January 9, 1979; effective February 23, 1979. Amendment filed October 15, 1979; effective January 9, 1980. Amendment filed April 14, 1980; effective May 28, 1980. Amendment filed November 13, 1981; effective December 28, 1981. Amendment filed June 24, 1984; effective July 27, 1984. Amendment filed June 28, 1984; effective July 28, 1984. Amendment filed June 28, 1984; effective September 11, 1984. Amendment filed August 20, 1984; effective November 13, 1984. Amendment filed January 31, 1985; effective April 16, 1985. Amendment filed June 24, 1985; effective September 13, 1985. Amendment filed September 30, 1985; effective December 14, 1985. Amendment filed December 31, 1985; effective March 17, 1986. Amendment filed May 28, 1986; effective June 27, 1986. Amendment filed July 10, 1986; effective October 29, 1986. Amendment filed October 29, 1986; effective December 13, 1986. Amendment filed October, 15, 1986; effective January 27, 1987. Amendment filed April 24, 1987; effective June 8, 1987. Amendment filed April 18, 1988; effective July 27, 1988. Amendment filed May 13, 1988; effective August 29, 1988. Amendment filed November 22, 1988; effective February 28, 1989. Amendment filed October 31, 1989; effective January 29, 1990. Amendment filed October 12, 1990; effective January 29, 1991. Repeal and new rule filed March 16, 1992; effective June 29, 1992. Repeal filed October 25, 2017; effective January 23, 2018.

Tenn. Comp. R. & Regs. 0520-01-03-.05 VIRTUAL EDUCATION

(1) Public Virtual Schools (a) A “public virtual school” is a public school that uses technology to deliver a significant portion of instruction to its students via the internet in a virtual or remote setting. Public virtual schools may be established in accordance with T.C.A. §§ 49-16-201 – 49-16- 216 and the rules and regulations of the State Board. The LEA establishing the public virtual school is directly responsible for the performance of the public virtual school and ensuring the school remains in compliance with all applicable state and federal laws and rules and regulations of the State Board regardless of whether the LEA directly operates the school or contracts with an entity for the management or operation of the school.

(b) Public virtual schools shall:

Be established and approved by an LEA.
Use technology to deliver a significant portion of instruction to its students via the internet in a virtual or remote setting.
Review and provide access to a sequential curriculum that meets or exceeds the academic standards adopted by the State Board utilizing state-approved textbooks and instructional materials, unless a waiver has been granted to the LEA in accordance with T.C.A.§ 49-6-2206 and State Board Rules Chapter 0520-01-18.
Meet the equivalent of the one hundred and eighty (180) days of instruction per academic year and six and one-half (6½) hours of instructional time per day pursuant to T.C.A. § 49-6-3004, provided, however, that a student, at the student’s own pace, may demonstrate mastery or completion of a course or subject area and be given credit for the course or subject area.
Administer all state tests required of public school students to students enrolled in a virtual school in a proctored environment consistent with state test administration guidelines.
Be evaluated annually by the LEA.

(i) The evaluation must assess the following utilizing a standardized template provided by the Department of Education:

(I) Academic, fiscal, and operational performance; and (II) The extent to which the school demonstrates increases in student achievement.

(ii) The results of such evaluation shall be publicly reported through the following methods:

(I) Posting of the results of the evaluation, utilizing a standardized template provided by the Department of Education on both the virtual school’s and the LEA’s website;

(II) Direct distribution of the evaluation, utilizing a standardized template provided by the Department of Education, to all enrolled families.

Such distribution may be accomplished via e-mail, U.S. mail, or other method determined by the LEA.

Ensure that students with special needs, including students with disabilities and limited English proficiency, are not excluded from enrolling and participating in virtual schools, and receive all services required by the student’s Individualized Education Program (IEP), Section 504 Plan, or Individual Learning Plan (ILP).
Ensure that each virtual school course has an assigned teacher of record who is properly endorsed and licensed to teach in Tennessee in compliance with state law, State Board Rules Chapter 0520-02-03, and State Board Policy 5.502. For purposes of virtual schools, teacher of record means the teacher who:

(i) Provides instruction for the course based on the Tennessee Academic Standards;

(ii) Ensures student progress toward the Tennessee Academic Standards;

(iii) Monitors the physical safety and well-being of students;

(iv) Verifies attendance and reports course grades for students; and (v) If the teacher is employed by the LEA, claims instructional time for instructionally available students.

Ensure that all teachers employed by the LEA serving as teacher of record within the virtual school are evaluated annually pursuant to T.C.A. § 49-1-302 and State Board Rules Chapter 0520-02-01.
Ensure students have access to instructional materials, technology such as a computer and printer that may be necessary for participation in the virtual school, and an internet connection used for school work.
Meet class size standards established by T.C.A. § 49-1-104. A public virtual school may increase the enrollment in virtual classes by up to twenty-five percent (25%) over the class size maximum established by T.C.A. § 49-1-104 if the school demonstrates student achievement growth at a level of “at expectations” or greater, as represented by the Tennessee Value-Added Assessment System (TVAAS) in the prior year where TVAAS data is available.

(i) Public virtual schools shall continue to comply with class size and case load requirements for special education as defined in State Board Policy 3.206. Public virtual schools shall review individual teacher’s student caseloads, and shall consult with the teacher when determining class size and student caseloads, to ensure that teachers can meet the needs of students, including students with disabilities, as determined by the Individuals with Disabilities Education Act (20 U.S.C. §§ 1400 et seq.),

Section 504 of the Rehabilitation Act (29 U.S.C. §§ 701 et seq.), and any student’s IEP.

(ii) Public virtual schools shall maintain accurate records and monitor compliance with class size requirements.

(c) Public virtual schools shall comply with all compulsory attendance requirements and shall monitor and report daily attendance as required in T.C.A. § 49-6-3007, including:

Monitoring and taking daily student attendance, which shall include seeking and receiving daily visual, verbal, and/or written confirmation of student participation in six and one-half (6½) hours of instructional time per day using multiple methods of confirming student attendance. Multiple methods of confirming student attendance include two (2) or more of the following:

(i) Students participating in a phone call with a teacher, with parent or legal guardian support as appropriate for the age of the student;

(ii) Students participating in synchronous virtual instruction;

(iii) Students completing work in a learning management system;

(iv) Students submitting work via hard-copy or virtual formats; or (v) Other method the LEA identifies as appropriate to track individual student participation in instructional activities.

Each LEA shall develop and implement procedures for determining an excused versus unexcused absence, the internal attendance tracking system to be used, and how the LEA will communicate attendance policies and/or procedures to parents and/or legal guardians and students.
The reporting of attendance to the Department must be via the LEA’s student information system utilizing the attendance code set by the Department of Education.
The LEA establishing the public virtual school is required to implement the LEA’s progressive truancy intervention plan, as required by T.C.A. § 49-6-3009 and State Board Rule 0520-01-02-.17, for students enrolled in the virtual school and report truancy to the juvenile court having jurisdiction over that student in compliance with state law.

(d) On or before August 1 of each year, the public virtual school shall notify all LEAs of the enrollment of students residing within another LEA’s jurisdiction. LEAs shall be notified within two (2) weeks when changes occur relative to students residing within the LEA’s jurisdiction.

(e) Once a student has been accepted by and enrolled in a public virtual school, it shall be the responsibility of the LEA that has established the public virtual school to maintain enrollment of that student until such a time as the student is withdrawn by the parent or guardian or withdrawn from the virtual school in accordance with the LEA’s policy. If the student is withdrawn, the public virtual school shall send transcripts and other student records to the receiving school in a timely manner.

(f) Public virtual schools and the LEA establishing a public virtual school shall maintain accurate records regarding the operation and compliance of the public virtual school and shall be subject to periodic inspection by the Department of Education as specified in Rule 0520-01-02-.01 and T.C.A. § 49-1-201. The LEA and the public virtual school shall comply with requests for information from the Department in a timely manner.

(2) Virtual Education Programs (a) Virtual education programs may be established in accordance with T.C.A. §§ 49-16- 101 – 49-16-105 and this Rule. A “virtual education program” means a course or series of courses offered through the use of technology by an LEA or public charter school to provide students a broader range of educational opportunities. Providing students a broader range of educational opportunities includes any of the following:

Academic remediation or enrichment, or providing students access to a wider range of courses.
Continuity of educational service for students who are homebound pursuant to State Board Rule 0520-01-02-.10 or State Board Rule 0520-01-09-.07.
Continuity of educational service for students who are quarantined pursuant to State Board Rule 0520-01-13-.01.
Continuity of educational service for students enrolled in an alternative school pursuant to State Board Rule 0520-01-02-.09.

(b) Virtual education programs must be comprised of individual courses accessed by students in an entirely virtual setting; however, teachers of virtual education program courses may meet with students in-person for non-instructional time such as office hours.

(c) Remote instruction via a virtual education program shall not constitute the majority of a student’s total instructional time per school semester unless the student meets one of the following criteria:

The student is temporarily receiving all of the student’s instruction via a virtual education program pursuant to paragraph (2)(a)2. or (2)(a)4. of this Rule;
The student is taking coursework virtually so the student may participate in a work-based learning program or internship that takes place during regular school hours;
The student is accessing Advanced Placement (AP) courses or similar advanced coursework virtually; or 4. The student is taking virtual coursework for purposes of credit recovery.

(d) A student may participate in a virtual education program without enrolling in a virtual school; provided, however, that the student must be enrolled at the school where the student receives the majority of the student’s instruction each school year.

(e) The criteria for student participation in a virtual education program shall be at the discretion of the LEA or public charter school where the student is enrolled or zoned to attend; provided that a student may participate in a virtual education program within another LEA if permitted by the out-of-district enrollment policy of the receiving LEA.

(f) Each LEA and public charter school offering a virtual education program shall maintain attendance policies and procedures for determining when a student is present in a course offered via the virtual education program, including plans for seeking and receiving daily periodic visual, verbal, and/or written confirmation of student participation in the courses offered within a virtual education program using multiple methods of confirming student attendance. Multiple methods of confirming attendance include two (2) or more of the following:

Students participating in a phone call with a teacher, with parent or legal guardian support as appropriate for the age of the student;
Students participating in synchronous virtual instruction;
Students completing work in a learning management system;
Students submitting work via hard-copy or virtual formats; or 5. Other method the LEA or public charter school identifies as appropriate.

(g) Each LEA and public charter school shall develop procedures for determining an excused versus unexcused absence, the internal attendance tracking system to be used, and how the LEA or public charter school will communicate attendance policies and/or procedures to parents and/or legal guardians and students.

(h) The reporting of attendance to the Department must be via the LEA or public charter school’s student information system utilizing the attendance code set by the Department.

(i) Classes offered via a virtual education program shall comply with the class size requirements set forth in T.C.A. § 49-1-104(h) and class size and case load requirements for special education as defined in State Board Policy 3.206. Instruction provided virtually by a non-virtual public school, including a public charter school, pursuant to the LEA’s or public charter school’s approved continuous learning plan in accordance with State Board Rules Chapter 0520-01-17 shall be considered a virtual education program for purposes of compliance with T.C.A. § 49-1-104(h).

(j) Accountability 1. The results of student assessments for courses taken as part of a virtual education program and other accountability measures will be attributed to the school where the student is enrolled.

Promotion, certificates, and diplomas for a student taking courses as part of a virtual education program shall be determined and issued by the school where the student is currently enrolled.

(k) Each LEA or public charter school offering a virtual education program shall:

Ensure there is a teacher of record for each virtual education program course who is properly endorsed and licensed to teach in Tennessee in compliance with state law, State Board Rules Chapter 0520-02-03, and State Board Policy 5.502.

For purposes of virtual education programs, teacher of record means the teacher who:

(i) Provides instruction for the course based on the Tennessee Academic Standards;

(ii) Ensures student progress toward the Tennessee Academic Standards;

(iii) Monitors the physical safety and well-being of students enrolled in the course;

(iv) Verifies attendance and reports student course grades to the school where the student receives the majority of instruction; and (v) If the teacher is employed by the LEA or public charter school, claims instructional time for instructionally available students.

Ensure that all teachers employed by the LEA or public charter school serving as teacher of record for coursework within the virtual education program are evaluated annually pursuant to T.C.A. § 49-1-302 and State Board Rules

Chapter 0520-02-01.

Ensure teachers provide instruction utilizing state-approved textbooks and instructional materials in alignment with state law, unless a waiver has been granted pursuant to T.C.A. § 49-6-2206 or § 49-13-111.
Ensure participating students have access to instructional materials, technology such as a computer and printer that may be necessary for participation in the virtual program, and an internet connection.
Ensure that students with special needs, including students with disabilities and limited English proficiency, are not excluded from enrolling and participating in virtual education programs and receive all services required by the student’s Individualized Education Program (IEP), Section 504 Plan, or Individual Learning Plan (ILP).
Establish a virtual education program policy that contains the following:

(i) Student eligibility and participation requirements, including interventions for students struggling to maintain eligibility requirements, and a process for removing students from virtual education program courses who fail to maintain eligibility requirements and placing them into a comparable inperson course.

(ii) An articulated enrollment agreement for students from another LEA or public charter school to access virtual education program courses, if the LEA or public charter school chooses to allow such arrangements.

History

Authority: T.C.A. §§ 49-1-104, 49-1-201, 49-16-101, et seq., and 49-16-201, et seq.; and Public Chapter 652 of 2020.
Administrative History: Original rule certified June 10, 1974. Amendment filed June 30, 1975; effective July 30, 1975. Amendment filed July 15, 1976; effective August 16, 1976. Amendment filed October 3, 1985; effective January 14, 1986. Amendment filed January 17, 1986; effective April 15, 1986. Amendment filed May 28, 1986; effective June 27, 1986. Amendment filed August 26, 1986; effective November 29, 1986. Repeal and new rule filed March 16, 1992; effective June 29, 1992. Amendment filed April 28, 1992; effective July 29, 1992. Amendment filed September 1, 1992; effective December 29, 1992. Amendment filed January 21, 1994; effective May 31, 1994. Amendment filed April 29, 1996; effective August 28, 1996. Amendment filed January 14, 1997; effective May 30, 1997. Amendment filed April 27, 1998; effective August 28, 1998. Amendment filed July 13, 1998; effective November 27, 1998. Amendment filed November 18, 1998; effective March 30, 1999. Amendment filed April 28, 2000; effective August 28, 2000. Amendment filed October 31, 2002; effective February 28, 2003. Amendment filed March 31, 2003; effective July 29, 2003. Amendment filed June 30, 2003; effective October 28, 2003. Amendment filed June 30, 2005; effective October 28, 2005. Amendments filed December 28, 2005; effective April 28, 2006. Amendments filed September 6, 2013; effective February 28, 2014. Amendment filed April 6, 2015; effective July 5, 2015. Amendments filed October 25, 2017; effective January 23, 2018. Amendments filed March 20, 2018; to have been effective June 18, 2018. However, on May 24, 2018, the Government Operations Committee filed a 5-day stay; new effective date June 23, 2018. Amendments filed January 11, 2019; effective April 11, 2019. Amendments filed August 20, 2020; effective November 18, 2020. Amendments filed November 30, 2020; effective February 28, 2021. Emergency rule filed July 9, 2021; effective through January 5, 2022. Emergency rule expired effective January 6, 2022, and the rule reverted to its previous status. Amendments filed December 14, 2021; effective March 14, 2022.

Tenn. Comp. R. & Regs. 0520-01-03-.06 GRADUATION REQUIREMENTS

(1)

Students in Tennessee may earn the following diploma options:

(a) Traditional high school diploma;

(b) Special education high school diploma;

Alternate academic high school diploma.

(2) In order to earn a traditional high school diploma, a student shall:

(a) Earn the following twenty-two (22) minimum credits required for graduation:

English language arts 4 credits Mathematics 4 credits Science 3 credits Social Studies 3 credits Physical Education 0.5 credit Lifetime Wellness 1 credit Personal Finance 0.5 credit Elective Focus 3 credits World Language 2 credits Fine Arts 1 credit (b) Beginning with students who enroll in ninth (9th) grade in the 2024-25 school year or any subsequent school year, earn at least one (1) credit of computer science in high school;

Students may fulfill this requirement by substituting computer science for the student’s fourth credit of mathematics, third credit of science, or an elective focus credit. Students may only use computer science as a substitution to fulfill one (1) credit in mathematics, or one (1) credit in science, or one (1) or more elective focus credits required for a traditional high school diploma.
Students who transfer from another state or country, or from a non-public school to a Tennessee high school during their twelfth (12th) grade year are exempt from this requirement.

(c) Participate in the ACT, SAT, or other eleventh (11th) grade postsecondary readiness assessment as determined by the Commissioner, unless the student qualifies for a limited medical exemption as defined by the Department; and (d) Have a satisfactory record of attendance and discipline;

(3) Beginning in the 2024-25 school year, each public high school shall offer its students access to at least one (1) credit of computer science education.

(4) To earn a traditional high school diploma, students with disabilities must earn the prescribed twenty-two (22) credit minimum. Students with disabilities shall be included in general education classes to the degree possible and with appropriate support and accommodations.

(5) A special education diploma may be awarded at the end of the fourth (4th) year of high school to students with disabilities who:

(a) Have not met the requirements for a traditional high school diploma;

(b) Have satisfactorily completed an IEP; and (c) Have satisfactory records of attendance and conduct.

(6) Students who obtain the special education diploma may continue to work toward a traditional high school diploma through the end of the school year in which they turn twenty-two (22) years old.

(7) An occupational diploma may be awarded at the end of the fourth (4th) year of high school to students with disabilities who:

(a) Have not met the requirements for a traditional high school diploma;

(b) Have satisfactorily completed an IEP;

(d) Have completed the occupational diploma Skills, Knowledge, and Experience Mastery Assessment (SKEMA) created by the Department of Education; and (e) Have completed two (2) years of paid or non-paid work experience.

(8) The determination that an occupational diploma is the goal for a student with a disability shall be made at the conclusion of the student’s tenth (10th) grade year or two (2) academic years prior to the expected graduation date. Students who obtain the occupational diploma may continue to work towards the traditional high school diploma through the end of the school year in which they turn twenty-two (22) years old.

(9) An alternate academic diploma may be awarded to students with significant cognitive disabilities at the end of their fourth (4th) year of high school who have:

(a) Participated in the high school alternate assessments;

(b) Earned the prescribed twenty-two (22) credit minimum, including at least one (1) credit of computer science in accordance with subparagraph (2)(b) beginning with students who enroll in the ninth (9th) grade in the 2024-25 school year or any subsequent school year, either through the state-approved standards or through alternate academic diploma modified course requirements approved by the State Board;

(d) Satisfactory records of attendance and conduct; and (e) Completed a transition assessment(s) that measures, at a minimum, preparedness for postsecondary education and training; employment; independent living; and community involvement.

(10) A student who earns an alternate academic diploma shall continue to be eligible for special education services under IDEA until he or she receives a traditional high school diploma or through the school year in which the student turns twenty-two (22).

(11) The required four (4) credits of English shall include English I, English II, English III, and English IV.

(12) Three (3) of the required (4) credits of mathematics shall include Algebra I, Algebra II, and Geometry, or the equivalent Integrated Math I, II, and III. The fourth (4th) credit shall be in another mathematics course that extends the student’s knowledge in mathematics which may include, but is not limited to, Computer Science as set forth in Paragraph (2)(b) of this

Rule.

(a) Beginning with students graduating in the 2024-25 school year and thereafter, students shall be enrolled in a mathematics course or courses that are approved course substitutions that count as meeting this requirement in at least three (3) years of high school.

(b) Students who complete any of the required math credits prior to the ninth (9th) grade shall receive graduation credit for that coursework; however, those students are still required to enroll in math in at least three (3) years of high school.

(c) Students with a qualifying disability who have deficits in mathematics as documented in the individualized education program (IEP) shall be required to achieve at least Algebra I and Geometry (or the equivalent Integrated Math I and Integrated Math II). The required number of credits in math will be achieved through strategies such as, but not limited to, increased time, appropriate methodologies, and accommodations as determined by the IEP team.

(13) The three (3) credits of science shall include Biology, Chemistry or Physics, and a third lab science which may include, but is not limited to, Computer Science as set forth in Paragraph (2)(b) of this Rule.

(a) Students with a qualifying disability as documented in the IEP shall be required to achieve at least Biology I and two (2) other lab science credits. The required number of credits in science will be achieved through strategies such as, but not limited to, increased time, appropriate methodologies, and accommodations as determined by the IEP team.

(14) The three (3) credits of social studies shall include United States History and Geography, World History and Geography, Economics, and United States Government and Civics.

(15) Students must earn one-half (½) credit in Personal Finance. One (1) JROTC course may be substituted for one-half (½) credit of Personal Finance if the JROTC instructor attends the Personal Finance training conducted by the Department.

(16) The two (2) world language credits must be earned in the same world language.

(17) The three (3) elective focus credits may be earned in CTE, science and math, humanities, fine arts, AP/IB, computer science, or other areas designed to prepare students for the workforce and postsecondary approved by the local board of education.

(a) Students completing a CTE elective focus must complete three (3) credits in the same CTE career cluster or state-approved program of study.

(b) The credit requirement for fine arts or world language may be waived by the director of schools for students, under certain circumstances, to expand and enhance the elective focus. Prior to waiver of the requirement for fine arts or world language, the student’s parent or guardian must agree to the waiver in writing.

(c) The director of schools may waive the third (3rd) credit requirement of the elective focus during a student’s 12th grade year if the completion of the third (3rd) elective focus credit would prevent or delay graduation. This waiver option includes those students who transfer during the eleventh (11th) or twelfth (12th) grade year to a Tennessee high school from a school in another state or country, or from a non-public school.

(18) The State Board Graduation Substitutions Policy 3.103 identifies courses that are approved as substitutions for certain graduation credit requirements.

(19) All full-time students in grades nine (9) through twelve (12) shall be enrolled each semester in subjects that produce a minimum of five (5) units of credit for graduation per year. Students with hardships and gifted students may appeal this requirement to the director of schools and then to the local board of education.

(20) Every local board of education shall develop a policy regarding the minimum and maximum units in any course or subject area for which a student may earn credit toward graduation.

(21) A public high school student may complete an early high school graduation program through the Move on When Ready Program and be eligible for unconditional entry into a public two (2)-year institution of higher education or conditional entry into a public four (4)-year institution of higher education in accordance with T.C.A. §§ 49-6-8101 - 49-6-8106 and the State Board’s High School Policy 2.103. A student who does not participate in the Move on When Ready Program may still graduate earlier than the end of their 12th grade year of high school, provided the student meets all graduation requirements for a traditional high school diploma set forth in this Rule, the State Board’s High School Policy 2.103, and any additional requirements for early graduation set by the LEA.

(22) A variety of honors and distinctions may be awarded to graduating students meeting state or locally specified criteria. Each local school board shall develop a policy prescribing how students meeting honors and distinctions requirements will be noted and recognized.

(23) LEAs may design student recognition programs that allow students to graduate with honors if they have met the graduation requirements and have attained an overall grade point average (GPA) of at least a 3.0 or higher on a 4.0 scale. LEAs may set a higher GPA at their discretion. LEAs may specify additional requirements, such as requiring students to demonstrate performance of distinction in one (1) or more areas.

(24) Students who score at or above all the subject area readiness benchmarks on the ACT or equivalent score on the SAT shall graduate with “state honors.”

(25) Students shall be recognized as graduating with “district distinction” if they have met the graduation requirements for their diploma type, have obtained an overall GPA of at least a 3.0 or higher on a 4.0 scale, and have earned an industry credential that was on the list promoted by the Department of Education at the time the student earned it.

(26) A student who earns a composite score of nineteen (19) or higher on the ACT, or an equivalent score on the SAT, and earns a capstone industry credential as promoted by the Department of Education, shall be recognized as a “Tennessee Tri-Star Scholar” upon graduation from high school. A student who fulfills the requirements of the Tennessee Work Ethic Distinction program shall also be recognized as a Tennessee Tri-Star Scholar upon graduation from high school. The public high school shall recognize the student’s achievement at the graduation ceremony by placing an appropriate designation on the student’s diploma, or other credential, or by providing a ribbon or cord to be worn with graduation regalia. The student shall be noted as a Tennessee Tri-Star Scholar in the school’s graduation program.

(27) Students will be recognized as graduating with “state distinction” by attaining a B or better grade point average and completing one (1) of the following:

(a) Earning an industry credential that was on the list promoted by the Department of Education at the time the student earned it;

(b) Participating in at least one (1) of the Governor’s Schools;

(d) Earning statewide recognition or award at a skill- or knowledge-based state tournament, convention, or competition hosted by a statewide student organization, and/or qualifying for national recognition by a national student organization;

(e) Being selected as a National Merit Finalist or Semi-Finalist;

(f) Attaining a score of thirty-one (31) or higher composite score on the ACT or SAT equivalent;

(g) Attaining a score of three (3) or higher on at least two (2) advanced placement exams;

(h) Attaining a score of E/e or higher in at least two (2) Cambridge International Education A or AS exams;

(i) Successfully completing the International Baccalaureate Diploma Programme; or (j) Earning twelve (12) or more semester hours of postsecondary credit.

(28) LEAs shall recognize students who have attained a high level of proficiency in speaking, reading, and writing in one (1) or more languages in addition to English with a “Seal of Biliteracy.” Students receiving this recognition shall meet the following criteria:

(a) Complete all English language arts (ELA) requirements for graduation with an overall grade point average of 3.0 or higher in those classes;

(b) Demonstrate English proficiency through one (1) of the following:

Score at the on-track or mastered level on each ELA end-of-course assessment taken;
Score three (3) or higher on an Advanced Placement English Language or English Literature exam; B1 or higher on a Cambridge International English exam; or four (4) or higher on an International Baccalaureate English exam;
Score twenty-two (22) or higher on the ACT Reading subtest or four hundred eighty (480) or higher on the SAT evidence-based reading and writing subtest; or 4. Attain the required score on the state-approved English language proficiency assessment listed in State Board English as a Second Language Programs Policy 3.207, if the student is an English learner; and (c) Demonstrate proficiency in a world language through one (1) of the following:
Score Intermediate-Mid or higher in all three (3) communication modes (interpersonal, interpretive, and presentational) on a world language proficiency assessment recognized by the American Council on the Teaching of Foreign Languages (ACTFL);
Score three (3) or higher on an Advanced Placement world language exam; B1 or higher on a Cambridge International world language exam; or four (4) or higher on an International Baccalaureate world language exam;
Score at the Intermediate level or higher on the Sign Language Proficiency Interview (SLPI: ASL);
Pass a foreign government’s approved non-English language exam, or score at a level comparable to Intermediate-Mid or higher on the ACTFL proficiency scale on another country’s secondary level standardized exam in the country’s non- English native language; or 5. Score at a level comparable to Intermediate-Mid or higher on the ACTFL proficiency scale on an LEA developed alternate model. Alternate models may only be used if the identified world language does not have an associated nationally recognized assessment and must address communication, cultures, connections, comparisons, and communities.

(d) Each school shall document and track students’ progress toward the Seal of Biliteracy.

(e) Each local board shall affix an appropriate insignia to the diploma of the qualifying student indicating that the student has been awarded a Tennessee Seal of Biliteracy.

(29) Students who voluntarily complete at least ten (10) hours of community service each semester the student is in attendance at a public high school shall be recognized at their graduation ceremony.

(30) Students graduating with a gold or platinum medal on National Career Readiness Certificate (WorkKeys) shall be recognized at their graduation ceremony.

(31) Students graduating with a district-developed work ethic distinction shall be recognized at their graduation ceremony.

(32) Students who are interested in pursuing a career in a high-need, high-skill industry after graduation may earn an “Industry 4.0 diploma distinction.” The student’s school shall include on the student’s transcript the Industry 4.0 distinction if the student fulfills all Industry 4.0 distinction requirements upon graduation.

(a) Each public high school, including public charter high schools, shall notify ninth (9th) grade and tenth (10th) grade students enrolled in the high school of the opportunity to pursue an Industry 4.0 diploma distinction no later than ten (10) days after the first day of each semester of the school year.

(b) A high school student interested in receiving an Industry 4.0 diploma distinction shall before the end of their tenth (10th) grade year:

Notify the student’s counselor or school principal of the student’s intent to pursue an Industry 4.0 diploma distinction;
Provide the student’s counselor or school principal with documentation signed by the student’s parent or legal guardian indicating that the student’s parent or legal guardian is aware of the requirements for the parent’s or legal guardian’s student to obtain an Industry 4.0 diploma distinction and consenting to the student’s participation;
Register with a regional American Job Center or other career counseling or community partner approved by the student’s school; and 4. Enroll in at least one (1) work-based learning or dual enrollment course for the student’s eleventh (11th) grade year.

(c) Beginning in the student’s eleventh (11th) grade year, a student pursuing an Industry 4.0 diploma distinction shall meet, no less than once per month, with a career coach who has been approved to provide career coaching services by the student’s school.

The career coach must:

Be an American Job Center career coach, a career coach from a career counseling or community partner approved by the United States Department of Labor’s regional office for the state of Tennessee, or a licensed school counselor or an educator who holds a work-based learning certificate provided by the Department of Education; and 2. Meet, no less than once per month during the school year, with students assigned to the career coach by the student’s school principal to assist students in:

(i) Developing the personal attributes required for success in the workforce, which include, but are not limited to, time management, networking, communication, teamwork, creative thinking, and conflict resolution;

(ii) Applying for dual enrollment grants or other available financial aid opportunities, including, but not limited to, grants and scholarships administered by the Tennessee Student Assistance Corporation;

(iii) Identifying the best combination of dual enrollment, work-based learning, and internship opportunities available to the student; and (iv) Preparing for standardized assessments such as the ACT.

(d) Before the end of the student’s eleventh (11th) grade year, a student pursuing an Industry 4.0 diploma distinction shall enroll in work-based learning or dual enrollment courses for the student’s twelfth (12th) grade year.

(e) A student receiving an Industry 4.0 diploma distinction shall successfully complete all coursework required for graduation for their diploma type.

(f) A student pursuing an Industry 4.0 diploma distinction may earn at least one (1) science credit and at least one (1) math credit through course substitutions approved by the State Board in its Graduation Substitutions Policy 3.103, including, but not limited to, dual enrollment and work-based learning courses that are aligned to a student’s chosen career path. Work-based learning course substitutions may only fulfill a student’s third (3rd) credit of science and/or fourth (4th) credit of math. Pursuant to State Board Rule 0520-01-03-.03 and State Board Graduation Substitutions Policy 3.103, high schools shall accept dual enrollment courses as a substitution for an aligned graduation requirement course.

(g) A student receiving an Industry 4.0 diploma distinction shall earn nine (9) credits of dual enrollment or work-based learning in grades nine (9) through twelve (12), which may be satisfied by the student’s successful completion of dual enrollment coursework, work-based learning experiences, on-the-job training, or other mentorships or structured educational experiences that allow the student to apply the student’s knowledge and skills in a work environment to develop an understanding of workplace expectations.

History

Authority: T.C.A. §§ 49-1-302, 49-1-302(a)(2) and (13), 49-6-101, 49-6-201, 49-6-3001(c) and (c)(1), 49- 6-3003, 49-6-3005, 49-6-3104, 49-6-3105, 49-6-6001, and 49-6-8101, et seq.
Administrative History: Original rule certified June 10, 1974. Amendment filed July 18, 1974; effective August 17, 1974. Amendment filed June 30, 1975; effective July 30, 1975. Amendment filed July 15, 1976; effective August 16, 1976. Amendment filed February 28, 1978; effective March 30, 1978. Amendment filed January 9, 1979; effective February 23, 1979. Amendment filed October 15, 1979; effective January 8, 1980. Amendment filed April 14, 1980; effective May 28, 1980. Amendment filed April 13, 1982; effective May 28, 1982. Amendment filed September 28, 1982; effective December 15, 1982. Amendment filed January 19, 1983; effective April 18, 1983. Amendment filed September 28, 1983; effective December 14, 1983. Amendment filed January 6, 1984; effective April 15, 1984. Amendment filed June 28, 1984; effective July 28, 1984. Amendment filed June 28, 1984; effective September 11, 1984. Amendment filed May 12, 1985; effective August 13, 1985. Amendment filed October 3, 1985; effective January 14, 1986. Amendment filed March 25, 1986; effective June 14, 1986. Amendment filed May 28, 1986; effective June 27, 1986. Amendment filed July 10, 1987; effective October 28, 1987. Amendment filed July 22, 1987; effective October 28, 1987. Amendment filed September 20, 1987; effective December 29, 1987. Amendment filed November 18, 1987; effective February 28, 1988. Amendment filed April 18, 1988; effective July 27, 1988. Amendment filed May 13, 1988; effective August 29, 1988. Amendment filed October 18, 1988; effective January 29, 1989. Amendment filed November 22, 1988; effective February 28, 1989. Amendment filed November 16, 1989; effective February 28, 1990. Amendment filed June 5, 1990; effective September 26, 1990. Amendment filed October 12, 1990; effective January 29, 1991. Repeal and new rule filed March 16, 1992; effective June 29, 1992. Amendment filed June 24, 1992; effective September 28, 1992. Amendment filed July 21, 1992; effective October 28, 1992. Amendment filed September 1, 1992; effective December 29, 1992. Amendment filed April 14, 1993; effective July 28, 1993. Amendment filed August 10, 1993; effective December 29, 1993. Amendment filed October 28, 1993; effective March 1, 1994. Amendment filed January 21, 1994; effective May 31, 1994. Amendment filed January 31, 1995; effective May 31, 1995. Amendment filed March 27, 1995; effective July 28, 1995. Amendment filed May 31, 1996; effective September 27, 1996. Amendment filed April 27, 1998; effective August 28, 1998. Amendment filed July 13, 1998; effective November 27, 1998. Amendment filed November 18, 1998; effective March 30, 1999. Amendment filed May 28, 1999; effective September 28, 1999. Amendment filed November 30, 1999; effective March 29, 2000. Amendment filed April 28, 2000; effective August 28, 2000. Amendment filed July 31, 2000; effective November 28, 2000. Amendment filed October 31, 2000; effective February 28, 2001. Amendment filed August 31, 2001; effective December 28, 2001. Amendment filed December 31, 2001; effective April 30, 2002. Amendment filed March 28, 2002; effective July 29, 2002. Amendment filed October 31, 2002; effective February 28, 2003. Amendment filed March 31, 2003; effective July 29, 2003. Amendment filed June 30, 2003; effective October 28, 2003. Amendment filed August 30, 2004; effective December 29, 2004. Amendments filed May 19, 2005; effective September 28, 2005. Amendments filed June 30, 2005; effective October 28, 2005. Amendment filed June 19, 2007; effective October 26, 2007. Amendments filed September 6, 2007; effective January 28, 2008. Repeal and new rule filed June 11, 2008; effective October 28, 2008. Amendment filed July 17, 2009; effective December 29, 2009. Amendment filed February 24, 2010; effective July 29, 2010. Amendment filed February 6, 2013; effective July 29, 2013. Amendment filed June 18, 2013; effective November 28, 2013. Amendments filed September 6, 2013; effective February 28, 2014. Amendments filed October 7, 2013; to be effective March 31, 2014. However, the State Board of Education filed a withdrawal of the rule. Amendments filed November 27, 2013; effective April 30, 2014. Amendment filed May 8, 2014; effective October 29, 2014. Amendment filed October 13, 2014; effective January 11, 2015. Amendment to rule 0520-01-03-.06(1)(b) filed May 22, 2015; effective August 20, 2015. Amendment to rule 0520-01-03-.06(3) filed May 22, 2015; effective August 20, 2015. Amendments filed December 30, 2015; effective March 29, 2016. Amendments filed October 25, 2017; effective January 23, 2018. Amendments filed March 20, 2018; to have been effective June 18, 2018. However, on May 24, 2018, the Government Operations Committee filed a 5-day stay; new effective date June 23, 2018. Amendments filed January 11, 2019; effective April 11, 2019. Amendments filed August 20, 2020; effective November 18, 2020. Amendments filed January 6, 2023; effective April 6, 2023. Amendments filed July 11, 2024; effective October 9, 2024. Amendments filed September 25, 2025; effective December 24, 2025.

Tenn. Comp. R. & Regs. 0520-01-03-.07 CIVICS

(1) All high school students must take and pass a United States civics test in order to meet the social studies course credit requirement to earn a traditional diploma.

(a) The LEA shall prepare the civics test. The test shall be developed in accordance with T.C.A. § 49-6-408.

(b) A student shall pass the test if the student correctly answers at least seventy percent (70%) of the questions. The LEA may provide students with the opportunity to take the test as many times as necessary. Each LEA may determine if a student’s grade on the U.S. civics test will be counted in the classroom grade. A passing score on the civics test shall be noted on a student’s transcript.

(c) The U.S. civics test shall be administered to a student who has an IEP with the accommodations and/or modifications that are deemed necessary by the IEP team.

(d) A school shall be recognized on the Tennessee Department of Education’s website as a United States civics all-star school if all of the school’s seniors receiving a traditional diploma make a passing grade of eighty-five percent (85%) or higher on the United States civics test for that school year.

(2) All LEAs shall implement a project-based assessment in civics at least once in grades four through eight (4-8) and once in grades nine through twelve (9-12) pursuant to T.C.A. § 49-6- 1028.

(a) “Project-based” means an approach that engages students in learning essential knowledge and skills through a student-influenced inquiry process structured around complex authentic questions and carefully designed products and tasks.

(b) The project-based assessment shall be developed by the LEA, measure the civics learning objectives contained in the social studies standards, and allow students to demonstrate understanding and relevance of public policy; the structure of federal, state, and local governments; and both the Tennessee and the United States constitutions.

(3) The Governor’s Tennessee Excellence in Civics Education Seal shall be awarded to each school that:

(a) Incorporates civic learning across a broad range of grades and academic subjects that build on the Tennessee academic standards, such as the civics lesson plans and the blue book lesson plans provided by the secretary of state;

(b) Provides instruction regarding our nation’s democratic principles and practices, the significant events and individuals responsible for the creation of our foundational documents, and the formation of the governments of the United States and the state of Tennessee using the federal and state foundational documents, as evidenced by submission of at least five (5) lesson plans or activities that focus on civics and are aligned with the Tennessee academic standards and a summary of how the lesson was implemented;

(c) Provides professional development opportunities or student resources that facilitate civics education, such as civics education workshops offered by the secretary of state, as evidenced by submission of documentation identified by the Department of Education;

(d) Provides one (1) or more of the following opportunities for students to engage in real world learning activities:

Participation in a mock election, such as the secretary of state’s student mock election;
Participation in the secretary of state’s civics essay contest by at least fifteen percent (15%) of the school’s students;
A school voter registration drive for the school or community;
Participation in another state or national civics-based contest by at least fifteen percent (15%) of the school’s students;
Participation of an individual student or school team in the United States Senate Youth Program or Model United Nations; or 6. Participation in a real world learning activity recognized by the Department of Education.

(e) Implements a high-quality, project-based assessment in accordance with T.C.A. § 49- 6-1028(e), if applicable; and (f) Is recognized as a civics all-star school in accordance with T.C.A. § 49-6-408, if applicable.

(4) The Governor’s Tennessee Excellence in Civics Education Seal shall be awarded to each LEA in which at least eighty percent (80%) of the LEA’s schools earn the Governor’s Tennessee Excellence in Civics Education Seal.

History

Authority: T.C.A. §§ 49-1-302, 49-6-408, 49-6-1018, and 49-6-1028.
Administrative History: Original rule certified June 10, 1974. Amendment filed June 30, 1975; effective July 30, 1975. Amendment filed July 15, 1976; effective August 16, 1976. Amendment filed February 28, 1978; effective March 30, 1978. Amendment filed January 9, 1979; effective February 23, 1979. Amendment filed October 15, 1979; effective January 8, 1980. Amendment filed June 27, 1984; effective July 27, 1984. Amendment filed October 1, 1985; effective January 14, 1986. Amendment filed May 28, 1986; effective June 27, 1986. Amendment filed July 22, 1987; effective October 28, 1987. Repeal and new rule filed March 16, 1992; effective June 29, 1992. Amendment filed March 28, 2002; effective July 29, 2002. Repeal and new rule filed May 16, 2014; effective October 29, 2014. Amendments filed October 25, 2017; effective January 23, 2018. Amendments filed March 20, 2018; to have been effective June 18, 2018. However, on May 24, 2018, the Government Operations Committee filed a 5-day stay; new effective date June 23, 2018. Amendments filed August 20, 2020; effective November 18, 2020. Amendments filed January 4, 2024; effective April 3, 2024.

Tenn. Comp. R. & Regs. 0520-01-03-.08 REPEALED

History

Authority: T.C.A. §§ 49-1-302 and 49-1-302(a)(2) and (13).
Administrative History: Original rule certified June 10, 1974. Amendment filed October 3, 1974; effective November 2, 1974. Amendment filed June 30, 1975; effective July 30, 1975. Amendment filed January 15, 1976; effective April 15, 1976. Amendment filed July 15, 1976; effective August 16, 1976. Amendment filed February 28, 1978; effective March 30, 1978. Amendment filed January 9, 1979; effective February 23, 1979. Amendment filed April 14, 1980; effective May 28, 1980. Amendment filed October 1, 1985; effective January 14, 1986. Amendment filed May 28, 1986; effective June 27, 1986. Amendment filed July 10, 1986; effective October 29, 1986. Amendment filed July 22, 1987; effective October 28, 1987. Amendment filed October 18, 1988; effective January 29, 1989. Amendment filed November 16, 1989; effective February 28, 1990. Repeal and new rule filed March 16, 1992; effective June 29, 1992. Amendment filed October 11, 1995; effective February 28, 1996. Amendment filed April 29, 1996; effective August 28, 1996. Amendment filed November 30, 1999; effective March 29, 2000. Amendment filed April 30, 2001; effective August 28, 2001. Amendment filed April 17, 2006; effective August 28, 2006. Amendment to rule 0520-01-03-.08 filed June 11, 2008; to become effective October 28, 2008; was withdrawn August 4, 2008. Amendments filed October 25, 2017; effective January 23, 2018. Amendments filed March 20, 2018; to have been effective June 18, 2018. However, on May 24, 2018, the Government Operations Committee filed a 5-day stay; new effective date June 23, 2018. Amendments filed January 11, 2019; effective April 11, 2019. Repeal filed August 20, 2020; effective November 18, 2020.

Tenn. Comp. R. & Regs. 0520-01-03-.09 SPECIAL EDUCATION PROGRAMS AND SERVICES

See Rule 0520-01-09.

History

Authority: T.C.A. §§ 49-10-101, et seq.
Administrative History: Original rule filed June 10, 1974. Amendment filed October 3, 1974; effective November 2, 1974. Amendment filed June 30, 1975; effective July 30, 1975. Amendment filed January 15, 1976; effective April 15, 1976. Amendment filed July 15, 1976; effective August 16, 1976. Amendment filed February 28, 1978; effective March 30, 1978. Amendment filed January 9, 1979; effective February 23, 1979. Amendment filed April 14, 1980; effective May 28, 1980. Amendment filed June 27, 1984; effective July 27, 1984. Amendment filed May 12, 1985; effective August 13, 1985. Amendment filed October 1, 1985; effective January 14, 1986. Amendment filed May 28, 1986; effective June 27, 1986. Amendment filed July 10, 1986; effective October 29, 1986. Repeal and new rule filed March 16, 1992; effective June 29, 1992. Repealed and new rule filed August 18 1993; effective December 29, 1993. Amendment filed June 21, 1995; effective October 27, 1995. Amendment filed August 7, 1995; effective December 29, 1995. (For Requirement H, see Chapter 0520- 01-09, per Tennessee State Board of Education letter dated April 29, 1999.) Amendments filed October 25, 2017; effective January 23, 2018. Amendments filed March 20, 2018; to have been effective June 18, 2018. However, on May 24, 2018, the Government Operations Committee filed a 5-day stay; new effective date June 23, 2018.

Tenn. Comp. R. & Regs. 0520-01-03-.10 REPEALED

History

Authority: T.C.A. §§ 49-1-203 and 49-1-302.
Administrative History: Original rule certified June 10, 1974. Amendment filed January 9, 1979; effective February 23, 1979. Amendment filed October 15, 1979; effective January 8, 1980. Amendment filed November 13, 1981; effective March 16, 1982. Amendment filed April 13, 1982; effective May 28, 1982. Amendment filed April 12, 1983; effective May 12, 1983. Amendment filed May 7, 1985; effective June 6, 1985. Amendment filed May 28, 1986; effective June 27, 1986. Amendment filed August 26, 1986; effective November 29, 1986. Amendment filed December 30, 1986; effective March 31, 1987. Amendment filed May 21, 1987; effective August 29, 1987. Amendment filed April 18, 1988; effective July 27, 1988. Amendment filed January 23, 1989; effective March 9, 1989. Amendment filed November 16, 1989; effective February 28, 1990. Repeal and new rule filed March 16, 1992; effective June 29, 1992. Amendments filed October 25, 2017; effective January 23, 2018. Amendments filed March 20, 2018; to have been effective June 18, 2018. However, on May 24, 2018, the Government Operations Committee filed a 5-day stay; new effective date June 23, 2018. Repeal filed August 20, 2020; effective November 18, 2020.

Tenn. Comp. R. & Regs. 0520-01-03-.14 RESERVED

History

Authority: T.C.A. §§ 49-6-1501, et seq., and Public Chapter 1 of 1st Extraordinary Session of 2021.
Administrative History: Emergency rule filed April 27, 2021; effective through October 24, 2021. Emergency rule expired effective October 25, 2021, and the rule reverted to its previous status.

Tenn. Comp. R. & Regs. 0520-01-03-.15 UNIVERSAL STUDENT SCREENERS AND STATE-ADOPTED BENCHMARK

ASSESSMENTS.

(1) Definitions. As used in this Rule:

(a) “Nationally Normed” means screener scores, classifications, and score distribution percentiles are reported and calibrated using a representative National Sample.

(b) “National Sample” means a sample of students that represents the population of U.S. students. For universal screeners, a national sample consists of at least one hundred fifty (150) students in each of at least three (3) of nine (9) U.S. Census Bureau divisions sampled before the year 2020. Part of completing the sample may include any needed statistical transformations required to achieve demographic representativeness. Such a sampling must be able to produce valid and reliable scores for classifying and identifying students.

A student in kindergarten through grade three (K-3), who scores in the 15th percentile or below on a Nationally Normed Universal Reading Screener.

Students in kindergarten through grade three (K-3) who have a significant reading deficiency are considered below proficient in English language arts (ELA) and shall be regarded as priority students for purposes of implementing the Tennessee Learning Loss Remediation and Student Acceleration Act.

(d) “At Risk for Significant Reading Deficiency” means:

A student in kindergarten through grade three (K-3), who scores between the 16th and 40th percentile on a Nationally Normed Universal Reading Screener.

Students in kindergarten through grade three (K-3) who are at risk for significant reading deficiency are considered below proficient in ELA and shall be regarded as priority students for purposes of implementing the Tennessee Learning Loss Remediation and Student Acceleration Act.

(e) “Universal Reading Screener” means a uniform tool that screens and monitors a student’s progress in foundational literacy skills of phonemic awareness, phonics, fluency, vocabulary, and comprehension.

(f) “Innovative Benchmark Assessment Pilot Program” means a program established, funded, and implemented by the Department of Education (Department) as part of the Tennessee Learning Loss Remediation and Student Acceleration Act to provide the Tennessee universal math screener, the Tennessee Universal Reading Screener, and state-adopted benchmark assessments to LEAs and public charter schools to more frequently measure student learning and address student learning loss.

(g) “Post-Test” means a state-mandated assessment that is part of the Innovative Benchmark Assessment Pilot Program provided to students at the end of summer programming required by the Tennessee Learning Loss Remediation and Student Acceleration Act to determine knowledge gained on prioritized math and/or ELA content. The post-test used to determine adequate growth pursuant to T.C.A. § 49-6- 3115 for purposes of determining eligibility for promotion from third (3rd) to fourth (4th) grade shall be the assessment created by the Department that is aligned to the ELA portion of the third (3rd) grade TCAP assessment beginning in the 2022-2023 school year.

(h) “Tennessee Literacy Success Act” means Tennessee Code Annotated (“T.C.A.”) §§ 49-1-901 et seq.

(i) “Tennessee Learning Loss Remediation and Student Acceleration Act” means T.C.A. §§ 49-5-1501 et seq.

(2) Pursuant to the Tennessee Literacy Success Act, each LEA and public charter school shall annually administer a Universal Reading Screener approved by the State Board of Education to each student in kindergarten through grade three (K-3) during each of the three (3) administration windows established by the Department.

(3) Student performance on a Universal Reading Screener shall be used to identify students in kindergarten through grade three (K-3) with a Significant Reading Deficiency or students who are At Risk for Significant Reading Deficiency. Students in kindergarten through grade three (K-3) with a Significant Reading Deficiency or students who are At Risk for Significant Reading Deficiency are considered below proficient in ELA and shall be regarded as priority students for purposes of implementing the Tennessee Learning Loss Remediation and Student Acceleration Act.

(4) Each LEA and public charter school’s foundational literacy skills plan shall include the chosen Universal Reading Screener.

(5) All Universal Reading Screeners shall be Nationally Normed. LEAs and public charter schools may choose from the following Universal Reading Screener options:

(a) A Nationally Normed Tennessee Universal Reading Screener provided by the Department at no cost to LEAs and public charter schools;

(b) A Universal Reading Screener from an approved list of Nationally Normed Universal Reading Screeners identified by the Department and approved by the State Board in State Board Policy 3.302; or (c) LEAs and public charter schools may request from the State Board approval to use a locally identified Universal Reading Screener. LEAs and public charter schools requesting approval from the State Board to use a locally identified Universal Reading Screener shall submit a revised foundational literacy skills plan to the Department by June 1 prior to the school year in which the LEA or public charter school wishes to use the locally identified screener. The request shall identify the Universal Reading Screener and provide written documentation outlining the evidence that the Universal Reading Screener meets the requirements identified in parts 1. through 6. below. The Department shall review each request and make recommendations to the State Board for approval by July 31 of each year. Each request shall provide proof, including technical reports and assessment specifications, that the Universal Reading Screener meets the following criteria:

Is Nationally Normed;
Complies with dyslexia screening requirements established in T.C.A. § 49-1-229;
Complies with the universal screening norms and identification requirements established in Tennessee’s RTI² framework manual;
Produces scores that meet the Department’s criteria to reliably and validly identify students with a Significant Reading Deficiency or students who are At Risk for Significant Reading Deficiency, identifies priority students for purposes of implementation of the Tennessee Learning Loss Remediation and Student Acceleration Act, and can measure student growth from one (1) administration window to another;
Produces results that allow for the reliable generation of individual growth scores for teachers teaching pre-kindergarten through grade two (pre-K-2) to use as an alternative growth model in accordance with the Tennessee Literacy Success Act and the Tennessee Learning Loss Remediation and Student Acceleration Act; and 6. Provides a full dataset of student and educator data that can be submitted electronically to the Department three (3) times a year in a manner that complies with the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g), T.C.A. § 10-7-504, the Data Accessibility, Transparency and Accountability Act (Title 49, Chapter 1, Part 7), and all other applicable state and federal privacy laws in a format that meets the Department’s data standard.

(d) All Universal Reading Screeners approved by the State Board for use by LEAs and public charter schools shall be listed in State Board Policy 3.302. A Universal Reading Screener may be removed from the approved list in State Board Policy 3.302 by the State Board if the Universal Reading Screener does not continue to meet the requirements set forth in paragraphs (5)(c)1.–6. of this Rule, or the Tennessee Literacy Success Act, such that any LEA or public charter school that utilizes the Universal Reading Screener is unable to maintain compliance with the Literacy Success Act.

After every administration of the Universal Reading Screener, the Department shall send written notice to any LEA or public charter school that is out of compliance with this Rule or the Tennessee Literacy Success Act due to use of a Universal Reading Screener that does not comply with the requirements set forth in paragraphs (5)(c)1.–6. of this Rule. The notice shall:

(i) Clearly state that the LEA or public charter school’s vendor is out of compliance with this Rule or the Tennessee Literacy Success Act;

(ii) Outline the reasons for non-compliance; and (iii) State that failure to remedy the non-compliance by the deadline set by the Department may result in a recommendation to the State Board to remove the Universal Reading Screener from the approved list based on such noncompliance.

The notice shall also be sent to the Universal Reading Screener vendor and the chair of the State Board. LEAs and public charter schools that receive a notice of non-compliance from the Department shall work with their Universal Reading Screener vendor to remedy the non-compliance with this Rule and the Tennessee Literacy Success Act.
If the Universal Reading Screener vendor does not come into compliance by the deadline set by the Department, and the LEA or public charter school continues to be out of compliance with this Rule or the Tennessee Literacy Success Act due to the use of a non-compliant Universal Reading Screener, the Department may bring a recommendation to the State Board that the Universal Reading Screener be removed from the approved list in State Board Policy 3.302. The recommendation shall provide specific information to the State Board regarding the non-compliance, including, but not limited to:

(i) A list of LEAs and public charter schools that use the Universal Reading Screener that is being recommended for removal from the approved list;

(ii) A copy of the non-compliance notice that was provided to the LEA or public charter school and Universal Reading Screener vendor by the Department;

(iii) Data comparing the performance of the Universal Reading Screener vendor as compared to other State Board-approved Universal Reading Screener vendors, including, but not limited to the number of accurate and inaccurate data sets submitted by each approved vendor out of the total required data sets within the required window, whether all data sets were submitted for each LEA or public charter school by each approved vendor, and the number of errors in the data sets provided by each approved vendor; and (iv) Any additional information requested by the State Board regarding the noncompliance and reasons supporting the recommendation for removal of the Universal Reading Screener from the approved list, provided such information is available to the Department.

The Universal Reading Screener vendor, any LEA and/or any public charter school may request to speak at the Board meeting when the recommendation is presented by providing notice to the State Board in compliance with State Board Policy 1.400.
The Board may vote to remove the Universal Reading Screener vendor from the approved list, to keep the Universal Reading Screener on the approved list, or to defer the vote to a later date.
The Department shall create and post on its website a Universal Reading Screener data guide which may include a technical manual, data dictionary, and/or data submission template to support LEAs, public charter schools, and State Board-approved Universal Reading Screener vendors to maintain accurate and timely submissions of data in accordance with this Rule and the Tennessee Literacy Success Act.

(6) Approved Universal Reading Screeners may be used by LEAs and public charter schools to comply with dyslexia screening requirements established in T.C.A. § 49-1-229 and with the universal screening requirements established in Tennessee’s RTI² framework manual.

(7) LEAs and public charter schools may need to find an alternate tool to measure reading proficiency if a student has a documented disability in an Individualized Education Program (IEP) or section 504 plan that indicates the student has a language or physical barrier to using one (1) of the approved Universal Reading Screeners outlined in paragraph (5) of this

Rule.

(8) Each LEA and public charter school shall submit electronically to the Department the full dataset for each Universal Reading Screener administered to students three (3) times per school year. All student information must be maintained in accordance with the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g), T.C.A. § 10-7-504, the Data Accessibility, Transparency and Accountability Act (Title 49, Chapter 1, Part 7) and all other applicable state and federal privacy laws in a format that meets the Department’s data standard.

(9) LEAs and public charter schools may choose to administer a Universal Reading Screener to pre-kindergarten students.

(10) The Department shall implement an Innovative Benchmark Assessment Pilot Program pursuant to the Tennessee Learning Loss Remediation and Student Acceleration Act to provide the Tennessee Universal Reading Screener, the Tennessee universal math screener, and state-adopted benchmark assessments to LEAs and public charter schools to more frequently measure student learning and address student learning loss.

(11) Pursuant to the Tennessee Learning Loss Remediation and Student Acceleration Act, LEAs and public charter schools may use the state-adopted benchmark assessments, the Tennessee universal math screener, the Tennessee Universal Reading Screener, or a Universal Reading Screener approved by the State Board to identify priority students for after-school learning mini-camps, learning loss bridge camps, and summer learning camps.

(a) For grades kindergarten through three (K-3), the Tennessee Universal Reading Screener provided by the Department, the Tennessee universal math screener provided by the Department, or a Universal Reading Screener approved by the State Board shall serve as the state-adopted benchmark assessments required to be used by LEAs and public charter schools to identify priority students for after-school learning mini-camps, learning loss bridge camps, and summer learning camps.

(b) For grades four (4) through nine (9), a locally adopted benchmark assessment approved by the Department for use by the LEA or public charter school shall serve as the state-adopted benchmark assessments used by LEAs and public charter schools in implementing the Tennessee Learning Loss Remediation and Student Acceleration Act. Each LEA or public charter school shall request from the Commissioner of Education approval to use locally adopted benchmark assessments as the stateadopted benchmark assessment. Each request shall include:

The name of each locally adopted benchmark assessment requested for use; and 2. The performance category for each locally adopted benchmark assessment that the LEA or public charter school will use to identify priority students, to implement the Tennessee Learning Loss Remediation and Student Acceleration Act.

(c) Any student in kindergarten through grade three (K-3) scoring in the 40th percentile or below on a Nationally Normed universal math screener shall be considered below proficient in math and regarded as a priority student for purposes of implementing the Tennessee Learning Loss Remediation and Student Acceleration Act.

(12) Pursuant to the Tennessee Learning Loss Remediation and Student Acceleration Act, LEAs and public charter schools shall use the state-provided post-test to monitor student growth in summer programming during the summer of 2021 and every summer thereafter.

History

Authority: T.C.A. §§ 49-1-901, et seq.; 49-6-1501, et seq.; and 49-6-3115.
Administrative History: Emergency rule filed May 27, 2021; effective through November 23, 2021. New rule filed August 5, 2021; effective November 3, 2021. Amendments filed April 25, 2022; effective July 24, 2022. Amendments filed October 25, 2023; effective January 23, 2024. Amendments filed February 24, 2025; effective May 25, 2025.

Tenn. Comp. R. & Regs. 0520-01-03-.16 PROMOTION AND RETENTION

(1) The academic program implemented in each public school shall be designed to help students achieve the expectations of the grade-level State Board approved Tennessee Academic Standards and meet the requirements for promotion to the next grade.

(2) Promotion to the next grade level shall be based on the successful completion of required academic work or demonstration of satisfactory progress in each of the relevant academic areas.

(3) Each LEA and public charter school governing body shall develop and implement promotion and retention policies for students in grades Kindergarten through eight (K-8) in accordance with T.C.A. § 49-6-3115, this Rule, and the State Board’s Promotion and Retention Policy 3.300. The LEA or public charter school’s promotion and retention policy shall include a right for the parent or legal guardian to appeal a decision to retain a student.

(4) Schools shall identify students who demonstrate difficulty in achieving the requirements for promotion to the next grade level and therefore may be at risk for retention by February 1.

However, a student may be identified as at risk for retention after February 1 if reasons for identifying a student as at risk for retention are identified in a lawfully adopted local board policy that identifies limited situations in which students may be identified as at risk for retention. Schools shall notify the parent or legal guardian of any student who is identified as at risk for retention within fifteen (15) calendar days of identification.

(5) Factors used to identify students who are at risk for retention shall, at a minimum, include:

(a) The student’s ability to perform at the expectations of the current grade-level standards;

(b) The results of local assessments, screening, or monitoring tools;

(d) Home Literacy Reports provided in accordance with T.C.A. § 49-1-905;

(e) The overall academic achievement of the student;

(f) The student’s likelihood of success with more difficult material if promoted to the next grade;

(g) The student’s attendance record; and (h) The student’s maturity.

(6) A parent or guardian of a student enrolled in any of the grades kindergarten through two (K-2) may elect to retain the parent’s or guardian’s student in the student’s current grade level if the student has a documented academic or behavioral delay and the parent or guardian believes that retention may benefit the student. If a parent or guardian elects to retain the parent’s or guardian’s student, the parent or guardian shall notify the student’s school, in writing, within thirty (30) calendar days of the conclusion of the current school year.

(a) For the purposes of this Rule, a documented academic delay is defined as:

Receiving Tier III academic intervention(s) through the Tennessee’s Response to Instruction and Intervention (RTI ) Framework; and 2. Having a current student intervention plan in the area(s) of reading or math or an Individual Learning Plan - Characteristics of Dyslexia (ILP-D) in accordance with State Board Rule 0520-01-22.

(b) For the purposes of this Rule, a documented behavioral delay is defined as:

Receiving Tier III behavior intervention(s) through the Tennessee’s Response to Instruction and Intervention (RTI ) Framework; and 2. Having a current student intervention plan for behavior.

(c) If a parent or guardian elects to retain the parent’s or guardian’s student in the student’s current grade level pursuant to paragraph (6) of this Rule, then the LEA or public charter school in which the student is enrolled shall retain the student in the student’s current grade level at the parent’s or guardian’s request subject to the requirements in paragraph (7)(g) of this Rule. Following a timely request made in accordance with paragraph (6) this Rule by of the parent or guardian of a student determined by the LEA or public charter school to have an academic or behavioral delay, the LEA or public charter school shall notify the parent or guardian in writing that the student will be retained for the upcoming school year in accordance with the parent or guardian’s request. The LEA or public charter school shall notify the parent or guardian who submits a timely request to the LEA or public charter school, in writing if the student does not qualify for retention under paragraph (6) of this Rule due to the student not having an academic or behavioral delay as defined in paragraph (6) of this

Rule.

(7) Schools shall develop and implement an individualized promotion plan for any student identified as at risk for retention to help the student avoid retention.

(a) The individualized promotion plan shall be developed in coordination with the student’s teachers, IEP or 504 team, if applicable, and may also include input from the student’s parents, school counselor, or other appropriate school personnel. All promotion plans shall include evidence-based promotion strategies and shall be tailored to the student’s learning needs. Each promotion plan shall also include expectations and measurements that can be used to verify that a student has made sufficient progress to be promoted to the next grade level. Promotion plans for students in grades three (3) and four (4) shall include the additional requirements for promotion set forth in paragraph (8) of this Rule.

(b) A copy of a student’s promotion plan shall be provided to his or her parent or legal guardian, and the school shall offer to parents or legal guardians the opportunity for a parent-teacher conference to discuss the promotion plan.

(c) If a student is not making progress on his or her promotion plan, then the promotion strategies shall be modified to support the student in the goal of promotion to the next grade level. A student who demonstrates sufficient academic progress with the strategies included in his or her promotion plan during the school year shall be promoted to the next grade level unless retention is required, as set forth in paragraph (8) of this Rule.

(d) If a student has not demonstrated sufficient academic progress as defined in his or her promotion plan by the end of the school year, the student shall be eligible to enroll in a summer reading or learning program if such program is available. For a student in grade three (3) who is identified for retention in accordance with paragraph (8) of this

Rule and attends a summer reading or learning program, the program must be conducted in accordance with T.C.A. § 49-6-3115 and T.C.A. §§ 49-6-1501–1511.

(e) If the student was enrolled in a summer reading or learning program, a decision for retention shall be made and communicated to the parent or legal guardian in writing at least ten (10) calendar days prior to the start of the next school year, or, if the student was not enrolled in a summer reading or learning program, a decision for retention shall be made and communicated to the parent or legal guardian in writing at least thirty (30) calendar days prior to the start of the next school year. The notification to the student’s parent or legal guardian of the retention decision shall be in writing and sent electronically and shall include information regarding the parent or legal guardian’s right to appeal the retention decision in alignment with the LEA or public charter school’s promotion and retention policy.

(f) Retention shall be considered only when it is in the best interests of the student, or if retention is required by paragraph (8) for students in grades three (3) and four (4).

Retention decisions affecting a student receiving special education services shall be made in consultation with the student’s Individualized Education Program (IEP) or 504 team and in accordance with the provisions of the IEP or 504 plan.

(g) If a retention decision has been made, then the school shall develop an individualized academic remediation plan for the retained student within thirty (30) calendar days after the beginning of the next school year. A copy of the academic remediation plan shall be provided to the student’s parent or legal guardian within ten (10) calendar days of development of such plan.

The academic remediation plan shall be developed in coordination with the student’s teachers, IEP or 504 team, if applicable, and may also include input from the student’s parents, school counselor, or other appropriate school personnel.
The academic remediation plan shall be implemented to help the retained student attain and demonstrate learning proficiency and shall include at least one (1) of the following strategies:

(i) Adjustment to the current instructional strategies or high-quality instructional materials;

(ii) Additional instructional time;

(iii) Individual tutoring;

(iv) Modification to the student’s classroom assignment to ensure the student receives instruction from a teacher with a level of overall effectiveness of above expectations (level 4) or significantly above expectations (level 5); or (v) Attendance or truancy interventions.

(h) A student shall not be retained more than one (1) time in any given grade level.

(i) Retention shall not:

Be used without an academic remediation plan;
Be used as a punitive or disciplinary measure;
Be based solely on English language proficiency, for students who are identified as English learners;
Be based on the student’s disability or suspected disability; or 5. Be based solely on a student’s maturity.

(j) This Rule does not supersede an LEA’s or public charter school’s obligation to comply with the Individuals with Disabilities Education Act (20 U.S.C. §§ 1400 et seq.), Section 504 of the Rehabilitation Act (29 U.S.C. § 794), Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d), the Equal Education Opportunities Act of 1974 (20 U.S.C. § 1701 et seq.), or any other federal or state law related to students with disabilities and English learners.

(k) The progress of a retained student shall be closely monitored and reported to the student’s parent or legal guardian a minimum of three (3) times during the school year in which the student is retained.

(l) Beginning with the 2023-2024 school year, a student who is retained in any of the grades kindergarten through three (K-3) shall be assigned a tutor to provide the student with tutoring services for the entirety of the upcoming school year based on tutoring requirements established by the Department.

(8) Each LEA and public charter school shall comply with the following additional requirements for promotion and retention of students in grade three (3) and four (4), in accordance with T.C.A. § 49-6-3115. Each LEA and public charter school shall notify parents or legal guardians of all students in grade three (3) and grade four (4) of the following promotion and retention requirements at the beginning of each school year:

(a) A student in grade three (3) shall not be promoted to the next grade level unless the student is determined to be proficient in English language arts (ELA) based on the student’s achieving a performance level rating of “on track” or “mastered” (otherwise known as “met expectations” or “exceeded expectations”) on the ELA portion of the student’s most recent Tennessee comprehensive assessment program (TCAP) test.

(b) Notwithstanding paragraph (8)(a):

A student in grade three (3) who is not proficient in ELA, as determined by the student’s achieving a performance level rating of “approaching” on the ELA portion of the student’s most recent TCAP test, may be promoted to the fourth (4th) grade if:

(i) Pathway 1: The student is an English language learner and has received less than two (2) full school years of ELA instruction;

(ii) Pathway 2: The student was previously retained in any of the grades kindergarten through three (K-3);

(iii) Pathway 3: The student is retested in accordance with Department guidelines before the beginning of the next school year and scores proficient in ELA;

(iv) Pathway 4: The student attends a learning loss bridge camp before the beginning of the upcoming school year, maintains a ninety percent (90%) attendance rate at the camp, and the student’s performance on the posttest administered to the student at the end of the learning loss bridge camp, as required under T.C.A. § 49-6-1502(4)(F), demonstrates adequate growth, as defined in the State Board’s Promotion and Retention Policy 3.300;

(v) Pathway 5: The student receives high-dosage, low-ratio tutoring for the entirety of the upcoming school year from a Tennessee accelerating literacy and learning corps (TN ALL Corps) tutor. For the purposes of this

Rule, “high-dosage, low-ratio tutoring” means a minimum of two (2) thirty (30) minute sessions per week with a one to three (1:3) teacher to student ratio. TN ALL Corps high-dosage, low-ratio tutoring may be provided through the following options, in accordance with T.C.A. § 49-6-1507:

(I) A tutor recruited and trained through the Department’s TN ALL Corps grant program;

(II) A district recruited tutor who has completed the Department’s TN ALL Corps training; or (vi) Pathway 6: Beginning with third (3rd) grade students in the 2023-24 school year, the student demonstrates proficiency in ELA standards based on the student scoring at or above the fiftieth (50th) percentile on the most recently administered state-provided benchmark assessment, if the benchmark assessment is administered to the student in a test environment, in accordance with Department guidance, and the student’s LEA or public charter school agrees to provide tutoring services to the student for the entirety of the student’s fourth (4th) grade year.

(I) If a student is promoted to the fourth (4th) grade pursuant to this Pathway 6, then the student’s LEA or public charter school shall notify the student’s parent or guardian, in writing, of the benefits of enrolling their student in a learning loss bridge camp and encouraging the parent or guardian to do so.

(II) For the purposes of Pathway 6, “state-provided benchmark assessment” means the Tennessee Universal Reading Screener provided by the Department.

(III) The tutoring services provided to the student for the entirety of the student’s fourth (4th) grade year must be high-dosage, low-ratio tutoring. For the purposes of this Rule, “high-dosage, low-ratio tutoring” means a minimum of two (2) thirty (30) minute sessions per week with a one to three (1:3) teacher to student ratio. TN ALL Corps high-dosage, low-ratio tutoring may be provided through the following options, in accordance with T.C.A. § 49-6-1507:

I. A tutor recruited and trained through the Department’s TN ALL Corps grant program.

II. A district recruited tutor who has completed the Department’s TN ALL Corps training.

A student in grade three (3) who is not proficient in ELA, as determined by the student’s achieving a performance level rating of “below” on the ELA portion of the student’s most recent TCAP test may be promoted to the fourth (4th) grade if:

(i) Pathway 1: The student is an English language learner and has received less than two (2) full school years of ELA instruction;

(ii) Pathway 2: The student was previously retained in any of the grades kindergarten through three (K-3);

(iii) Pathway 3: The student retested in accordance with Department guidelines before the beginning of the next school year and scores proficient in ELA; or (iv) Pathway 4: The student attends a learning loss bridge camp before the beginning of the upcoming school year and maintains a ninety percent (90%) attendance rate at the camp, and receives high-dosage, low-ratio tutoring for the entirety of the upcoming school year from a Tennessee accelerating literacy and learning corps (TN ALL Corps) tutor. For the purposes of this Rule, “high-dosage, low-ratio tutoring” means a minimum of two (2) thirty (30) minute sessions per week with a one to three (1:3) teacher to student ratio. TN ALL Corps high-dosage, low-ratio tutoring may be provided through the following options, in accordance with T.C.A. § 49- 6-1507:

(I) A tutor recruited and trained through the Department’s TN ALL Corps grant program.

(II) A district recruited tutor who has completed the Department’s TN ALL Corps training.

(c) A student who is promoted to the fourth (4th) grade pursuant to paragraph (8)(b)1.(v) or (8)(b)2.(iv) of this Rule may be promoted to the fifth (5th) grade by showing adequate growth on the fourth (4th) grade ELA portion of the TCAP test as further defined in State Board Promotion and Retention Policy 3.300.

(d) Notwithstanding paragraph (8)(c):

If a student who is promoted to the fourth (4th) grade pursuant to paragraph (8)(b)1.(v) or (8)(b)2.(iv) of this Rule does not demonstrate adequate growth on the fourth (4th) grade ELA portion of the TCAP test, the student’s LEA or public charter school shall convene a conference that includes the following categories of participants: the student’s parent or legal guardian, the student’s ELA teacher, and student’s principal. The recommendation made by a majority of the categories of participants in the conference shall determine whether the student is:

(i) Promoted to fifth (5th) grade and receives tutoring for the entirety of the upcoming school year. Fifth (5th) grade tutoring requirements shall be established by the Department; or (ii) Retained in the fourth (4th) grade.

(e) Notwithstanding paragraph (d)1.(ii), a student shall not be retained in fourth (4th) grade more than once.

(f) The requirements set forth in paragraphs (8)(a)–(d) do not supersede an LEA’s or public charter school’s obligation to comply with 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).

In accordance with T.C.A. § 49-6-3115, an LEA or public charter school shall not retain a student with a disability or a suspected disability that impacts their ability to read.
Retention and promotion decisions shall be made on a case-by-case basis and in consultation with the student’s IEP and/or 504 team to determine whether the student’s performance on the ELA TCAP was due to the student’s disability.

Such consultation includes, but is not limited to, a review of evaluation and eligibility data, input from the student’s teachers and parents, benchmark assessments, and classroom performance.

(g) Appeals to the Department.

The parent or legal guardian of a student who is identified for retention in third (3rd) grade pursuant to paragraph (8)(a) based on the student’s achieving a performance level rating of “approaching” on the ELA portion of the student’s most recent TCAP test, may appeal directly to the Department. A parent or legal guardian may provide written consent, on a form provided by the Department to LEAs and public charter schools, for a school principal, guidance counselor, teacher, or other administrator of the student’s school to file an appeal for the student on behalf of the parent or legal guardian. The LEA or public charter school shall fully inform the parent or legal guardian of the student’s pathways to fourth (4th) grade promotion prior to the parent or legal guardian signing the consent form. Signed consent forms shall be collected by the LEA or public charter school either electronically or on paper and shall be maintained for monitoring purposes by the LEA or public charter school.

(i) A decision to retain a student for any other reason, as set forth in paragraphs (1)–(6) of this Rule may be appealed at the local level only, pursuant to the LEA or public charter school’s promotion and retention policy.

The appeal process for a student who is identified for retention in third (3rd) grade pursuant to paragraph (8)(a) based on the student’s achieving a performance level rating of “approaching” on the ELA portion of the student’s most recent TCAP test shall be administered by the Department. Information regarding the appeals process and timelines shall be posted on the Department’s website. All appeals shall be submitted on the appeal forms provided by the Department and posted on its website. If an appeal is not submitted on the appropriate appeal form, the appeal shall be denied.
The Department shall open the appeals window no later than five (5) business days after the Department releases individual student results to LEAs and public charter schools for the ELA portion of the 3rd grade TCAP. All appeals shall be submitted within the appeals window determined by the Department. The Commissioner’s designee(s) shall review all properly submitted appeals, make a determination, and issue an electronic notification of the decision to the parent or legal guardian within fourteen (14) calendar days of receiving the appeal. An extension of the fourteen (14) calendar day timeline is permitted if the Commissioner determines exceptional circumstances exist with respect to a particular appeal requiring the Department to request additional information necessary to make a determination.
The Commissioner’s designee(s) may overturn the identification of a student as at risk for retention in third (3rd) grade pursuant to paragraph (8)(a) and allow the student to be promoted to the fourth (4th) grade if one (1) or more of the following grounds is met:

(i) Ground 1:

(I) The parent or legal guardian of the student agrees they were provided notice of all requirements of a Ground 1 appeal and agrees that their student will comply with all requirements of a Ground 1 appeal if the Commissioner’s designee overturns the identification of the student as at risk for retention in 3rd grade;

(II) For the 2023-24 academic year, the student scores at or above the fortieth (40th) percentile on a State Board-approved universal reading screener identified in State Board Universal Reading Screener Policy 3.302 and administered by the LEA or public charter school;

(III) For the 2024-25 academic year and thereafter, the student scores at or above the fortieth (40th) percentile on the Tennessee Universal Reading Screener provided by the Department and administered by the LEA or public charter school;

(IV) The principal of the student’s school agrees to develop an academic remediation plan for the student. The academic remediation plan shall be developed in coordination with the student’s teachers, IEP or 504 team, if applicable, and may also include input from the student’s parents, school counselor, or other appropriate school personnel. The academic remediation plan shall include evidencebased strategies tailored to the student’s learning needs. These evidence-based strategies shall include at least one (1) of the following:

I. Adjustment to current instructional strategies or high-quality instructional materials;

II. Additional instructional time;

III. Modification to the student’s classroom assignment to ensure the student receives instruction from a teacher with a level of overall effectiveness of above expectations (level 4) or significantly above expectations (level 5); or IV. Placement of the student in a classroom with a reduced class size.

(V) The student’s current ELA teacher and school principal provide a unanimous recommendation that the student be promoted to the 4th grade; and (VI) The student’s LEA or public charter school agrees to provide highdosage low-ratio tutoring services to the student for the entirety of the student’s fourth (4th) grade year. “High-dosage, low-ratio tutoring” means a minimum of two (2) thirty (30) minute sessions per week with a one to three (1:3) teacher to student ratio. TN ALL Corps high-dosage, low-ratio tutoring may be provided through the following options, in accordance with T.C.A. § 49-6-1507:

I. A tutor recruited and trained through the Department’s TN ALL Corps grant program.

II. A district recruited tutor who has completed the Department’s TN ALL Corps training.

(ii) Ground 2:

(I) The parent or legal guardian of the student identified as at risk for retention in third (3rd) grade pursuant to paragraph (8)(a), or the school personnel authorized to file an appeal on behalf of the parent or legal guardian, documents that a catastrophic situation occurred on the third (3rd) grade ELA TCAP test date or within sixty (60) calendar days leading up to the third (3rd) grade ELA TCAP test administration (and any makeup opportunities) that impacted the student and impeded the student’s ability to demonstrate the student’s current level of knowledge on the test. Examples of a catastrophic situation include, but are not limited to, a death in the immediate family, loss of a family home, or significant medical diagnosis.

If the Commissioner overturns the identification of a student as at risk for retention in third (3rd) grade pursuant to a successful Ground 1 appeal under this subparagraph (g), the student may enroll in summer programming opportunities provided by the student’s LEA or public charter school if the LEA or public charter school determines sufficient space is available.
If the Commissioner overturns the identification of a student as at risk for retention in third (3rd) grade pursuant to a successful Ground 2 appeal under this subparagraph (g), the student may enroll in summer programming and/or tutoring opportunities provided by the student’s LEA or public charter school, if the LEA or public charter school determines sufficient space is available.

History

Authority: T.C.A. §§ 49-1-302; 49-6-311; 49-6-1501, et seq.; 49-6-3001; and 49-6-3115.
Administrative History: New rule filed September 6, 2022; effective December 5, 2022. Amendments filed March 12, 2024; effective June 10, 2024. Amendments filed March 25, 2025; effective June 23, 2025.

Tenn. Comp. R. & Regs. 0520-01-03-.11 REPEALED

History

Authority: T.C.A. §§ 49-1-103 and 49-1-302, Executive Order No. 14 of 2020 (and applicable, subsequent Executive Orders addressing COVID-19 relief), U.S. Department of Education 2020 Waiver of Tennessee Assessment Requirements, Public Chapter 652 of 2020, and Public Chapter 770 of 2020.
Administrative History: (For history prior to June, 1992, see pages iii-ix). Repeal filed March 16, 1992; effective June 29, 1992. Emergency rules filed April 16, 2020; effective through October 13, 2020. Emergency rules expired effective October 14, 2020, and the rules reverted to their previous statuses. Emergency rules filed July 2, 2020; effective through December 29, 2020. Emergency rules filed August 26, 2020; effective through February 22, 2021. Emergency rules expired effective February 23, 2021, and the rules reverted to their previous statuses.

Tenn. Comp. R. & Regs. 0520-01-03-.12 THROUGH 0520-01-03-.13 REPEALED

History

Authority: T.C.A. §§ 49-1-103 and 49-1-302.
Administrative History: (For history prior to June, 1992, see pages iii- ix). Repeal filed March 16, 1992; effective June 29, 1992.

Chapter 0520-01-04 School Facilities

Tenn. Comp. R. & Regs. 0520-01-04-.01 SCHOOL FACILITIES

(1) Each public and nonpublic school, as defined by T.C.A. § 49-6-3001(c)(3), and public charter school, as defined by T.C.A. § 49-13-104(12) shall:

(a) Comply with rules, regulations, and codes of the city, county, and state regarding planning of new buildings, alterations of buildings, and building safety.

(b) Observe all fire safety regulations and procedures promulgated by the Tennessee Fire Marshal’s Office.

(c) Conduct at least one (1) fire safety inspection annually based on the fire safety inspection checklist developed by the Tennessee Fire Marshal’s Office, and maintain copies of the inspection reports, including findings of non-compliance and actions taken to comply for review by the Tennessee Fire Marshal’s Office.

(d) Construct, remodel, renovate, expand, or modify school buildings or other structures in accordance with applicable state and federal requirements regarding building accessibility, including, but not limited to, the Americans with Disabilities Act and

Section 504 of the Rehabilitation Act of 1973.

(2) Each Local Education Agency (LEA) and public charter school shall comply with T.C.A. § 62- 2-107 regarding use of registered architects, engineers, or landscape architects, and T.C.A. §§ 62-6-102 and 62-6-103 regarding use of contractors.

(3) Each LEA shall comply with the procurement requirements of T.C.A. § 49-2-203(a)(3) when constructing new school buildings or additions to existing buildings.

History

Authority: T.C.A. §§ 49-1-302, 49-3-311, 49-13-111, and 49-13-136.
Administrative History: Original rule certified June 10, 1974. Amendment filed February 28, 1978; effective March 30, 1978. Amendment filed January 9, 1979; effective February 23, 1979. Amendment filed May 28, 1986; effective June 27, 1986. Repeal and new rule filed March 16, 1992; effective June 29, 1992. Amendment filed May 28, 1999; effective September 28, 1999. Amendment filed May 26, 2015; effective August 24, 2015. Amendments May 27, 2021; effective August 25, 2021.

Tenn. Comp. R. & Regs. 0520-01-04-.02 AND 0520-01-04-.03 REPEALED

History

Authority: T.C.A. §§ 49-1-302, 49-1-302(7), and 49-10-111.
Administrative History: (For history prior to June 1992, see pages iii-ix). Repeal filed March 16, 1992; effective June 29, 1992.

Chapter 0520-01-05 Pupil Transportation

Tenn. Comp. R. & Regs. 0520-01-05-.01 OPERATION OF SCHOOL BUSES

(1) Records and Reports - The director of schools shall keep records of transportation costs and the number of pupils transported on a monthly basis, and make such reports as required by the Commissioner of Education.

(2) Pursuant to T.C.A. § 49-6-2111, no school bus shall be operated to transport pupils to and from school unless the school bus is insured for liability and property damage. Minimum liability and property damage coverage shall be not less than the amount specifi ed in the table below:

Coverage Type Coverage Amount Limit for bodily injuries to, or death of, one (1) person $100,000 Limit of bodily injuries to, or death of, all persons injured or killed in one (1) accident (subject to a maximum of $100,000 for bodily injuries to, or death of, one (1) person) $300,000 Limit for loss or damage in any accident to property of others (including occupants) $50,000 In the event that the local board of education (or the governmental entity with liability under the Governmental Tort Liability Act of 1973, as amended, T.C.A. §§ 29-20-101 et seq.) is unable to purchase insurance to cover its obligations hereunder except through an assigned risk pool, then the limits of liability in the three (3) preceding categories shall be $20,000/$40,000/$10,000. If insurance is not purchased through an assigned risk pool or if the board of education or governmental entity elects to self-insure, then the greater limits above apply.

(3) School bus accidents shall be reported to the Department of Education, in the following manner:

(a) Pupil injury and/or fatality accidents: By telephone within twenty-four (24) hours of the accident; by written report within ten (10) days on the Department-provided School Bus Accident Report Form.

(b) Property damage accidents: At the end of the school year on the Annual Pupil Transportation Report.

(4) The Commissioner of Safety shall annually inspect each school bus that has been in use for fifteen (15) years or less from the in-service date and that transports school children in order to determine whether it can be used safely to protect the lives of school children.

(5) Approved buses are identified as:

(a) Type C conventional buses with eighteen (18) years or less of service. After fifteen (15) years of service, year-to -year approval is required from the Commissioner of Safety.

(b) Type D transit buses with eighteen (18) or less years of service. After fifteen (15) years of service, year-to -year approval is required from the Commissioner of Safety.

(d) Type A buses with fifteen (15) years or less of service. If a Type A bus reaches the fifteenth (15 th ) year of service during a school year, the owner shall be allowed to operate the bus throughout the remainder of the school year. The owner shall immediately notify the department of safety when the bus reaches the fifteenth (15 th ) year, requiring discontinuance.

(e) Type B buses with fifteen (15) years or less of service.

(6) No bus purchased from an out-of-state entity that has been in use for more than fifteen (15) years from its in-service date may be in use unless it has been in service in this state for a minimum period of two (2) consecutive years.

(a) The two (2) year period of service shall start on the date of the first Department of Safety inspection.

(b) The two (2) year period of service shall equal twenty-four (24) months.

(7) Commercial advertising may be displayed on the exterior or interior of school buses as follows:

(a) Commercial advertising on the exterior of a school bus shall be permitted only on the rear quarter panels of the school bus; no more than two (2) advertisements per rear quarter panel shall be permitted.

The size of commercial advertising per quarter panel shall not exceed thirty-six (36”) inches in height and ninety (90”) inches in length, including any border or framing.

(b) Commercial advertising shall not include:

Tobacco or alcohol products, 2. Political campaign advertising, or 3. Individual food items that cannot be sold to students through vending machines pursuant to T.C.A. § 49-6-2307.

(d) The local board of education shall adopt a policy to regulate commercial advertising on school buses. Such policy shall address the following minimum standards:

Cost of the commercial advertising.
Designation of the individual(s) with the authority to sell and approve commercial advertising.
Definition of appropriate commercial advertising.
Specification of how the advertising will be attached, if not painted on the school bus.
Issues relating to contracts with independent contractors.

(i) All contracts for commercial advertising must comply with local board of education policy.

(ii) Contracts with independent bus owners must indicate how the revenue from the commercial advertising will be allocated.

(8) The Department of Education shall report annually on school bus accidents to the State Board of Education and to the State Department of Safety, Pupil Transportation Division.

(9) A school bus shall not transport more students than the manufacturer’s rated capacity. In order to allow for periods of adjustment, the Commissioner of Education may issue temporary permits of no more than thirty (30) school days in accordance with T.C.A. § 49-6-2110. When applying for a permit, the local board of education shall submit a plan stating how it will achieve compliance with the manufacturer’s rated capacity. The Department of Education and the Department of Safety will work collaboratively to ensure that buses are brought into compliance.

History

Authority: T.C.A. §§ 49-1-302; 49-6-2101, et seq.; 46-6-2108; 49-6-2109; 49-6-2111; 55-7-106; and 55- 8-151.
Administrative History: Original rule certified June 10, 1974. Amendment filed July 15, 1976; effective August 15, 1976. Amendment filed February 28, 1978; effective March 30, 1978. Amendment filed October 15, 1979; effective January 8, 1980. Amendment filed November 3, 1981; effective March 16, 1982. Amendment filed June 4, 1982; effective July 19, 1982. Amendment filed January 10, 1984; effective April 15, 1984. Amendment filed June 27, 1984; effective July 27, 1984. Amendment filed May 28, 1986; effective June 27, 1986. Repeal and new rule filed March 16, 1992; effective June 29, 1992. Amendment filed April 27, 1998; effective August 28, 1998. Amendment filed November 18, 1999; effective March 30, 1999. Amendment filed December 19, 2002; effective April 30, 2003. Amendment filed May 19, 2005; effective September 28, 2005. Amendment filed May 26, 2015; effective August 24, 2015. Amendments filed March 14, 2018; effective June 12, 2018. Amendments filed March 26, 2020; effective June 24, 2020.

Tenn. Comp. R. & Regs. 0520-01-05-.02 MINIMUM STANDARDS FOR SCHOOL BUSES

(1) All school buses purchased by a county, local school system, or private contractor shall meet the Tennessee Minimum School Bus Standards approved by the State Board of Education and all applicable federal motor vehicle safety standards.

(a) Use of a fifteen (15) passenger van, defined as a vehicle that seats ten to fourteen (10- 14) passengers, not including the driver, to transport students is prohibited.

(b) Van-type equipment, designed to transport no fewer than seven (7) nor more than nine (9) persons, not including the driver, may be used to transport students to and from interscholastic athletic or other interscholastic or school sponsored activities. Such vantype equipment may be owned and operated by the local education agency or public charter school or may be operated by or for the local education agency or public charter school under a rental or for hire arrangement entered into by the agency with respect to the specific activity in connection with which such transportation is to be furnished.

Any van-type equipment used to transport students must be in apparent safe operating condition insured to comport to the minimum requirements of T.C.A. §§ 29-20-101 et seq., and driven by a properly licensed employee of the school system or public charter school.
Notwithstanding any part of this rule to the contrary, any van-type equipment used by a local education agency or public charter school shall conform to all applicable Federal Motor Vehicle Safety Standards (FMVSS) if used for pupil transportation.

(2) Vehicles constructed for transporting children with disabilities shall comply generally with the Tennessee Minimum School Bus Standards approved by the State Board of Education, but because of special equipment, appropriate modifications shall be made for children with disabilities.

History

Authority: T.C.A. §§ 49-1-302; 49-6-2102; and 49-6-2115.
Administrative History: Original rule certified June 10, 1974. Amendment filed July 15, 1976; effective August 16, 1976. Amendment filed February 28, 1978; effective March 30, 1978. Amendment filed January 9, 1979; effective February 23, 1979. Amendment filed April 14, 1980; effective May 28, 1980. Amendment filed November 13, 1981; effective March 16, 1982. Amendment filed September 28, 1982; effective December 15, 1982. Amendment filed April 15, 1983; effective May 16, 1983. Amendment filed May 28, 1986; effective June 27, 1986. Amendment filed January 15, 1987; effective April 29, 1987. Repeal and new rule filed March 16, 1992; effective June 29, 1992. Amendment filed May 28, 1999; effective September 28, 1999. Amendments filed March 14, 2018; effective June 12, 2018. Amendments filed March 26, 2020; effective June 24, 2020.

Tenn. Comp. R. & Regs. 0520-01-05-.03 REPEALED

History

Authority: T.C.A. §§ 49-1-302 and 49-6-2102.
Administrative History: (For history prior to June, 1992, see pages iii-ix). Repeal filed March 16, 1992; effective June 29, 1992. Amendment filed May 28, 1999; effective September 28, 1999.

Tenn. Comp. R. & Regs. 0520-01-05-.04 THROUGH 0520-01-05-.10 REPEALED

History

Authority: T.C.A. §§ 49-1-302 and 49-6-2102.
Administrative History: (For history prior to June, 1992, see pages iii-ix). Repeal filed March 16, 1992; effective June 29, 1992.

Chapter 0520-01-06 Child Nutrition Programs

Tenn. Comp. R. & Regs. 0520-01-06-.01 GENERAL REGULATIONS

The State Board of Education adopts by reference the Compilation of Federal Regulations at 7 C.F.R.

Parts 210 and 220 in their entirety unless otherwise provided herein as the policies and procedures for administration of nutrition programs and services in the state.

History

Authority: T.C.A. §§ 49-41-320 and 49-6-2303.
Administrative History: Original rule certified June 10, 1974. Repeal and new rule filed April 15, 1983; effective May 16, 1983. Repeal and new rule filed May 21, 1987; effective August 29, 1987. Repeal and new rule filed March 16, 1992; effective June 29, 1992. Repeal and new rule filed May 26, 2015; effective August 24, 2015.

Tenn. Comp. R. & Regs. 0520-01-06-.02 SCHOOLS ELIGIBLE TO RECEIVE FEDERAL ASSISTANCE FOR CHILD

NUTRITION PROGRAMS.

(1) The State Department of Education shall determine which schools are eligible to participate in the national school lunch, school breakfast, and other food service programs based upon an application submitted by the local board of education.

(2) The State Department of Education shall enter into a USDA approved standard form of agreement with the appropriate local board of education. The agreement shall cover the operation of the national school lunch program, school breakfast program, and any other applicable child nutrition programs. This agreement shall contain all of the conditions prescribed in the federal-state agreement. The State Department of Education shall not reimburse a school in the absence of an agreement nor permit retroactive agreements.

History

Authority: T.C.A. § 49-6-2301 et seq.
Administrative History: Original rule certified June 10, 1974. Repeal and new rule filed April 15, 1983; effective May 16, 1983. Repeal and new rule filed May 21, 1987; effective August 29, 1987. Repeal and new rule filed March 16, 1992; effective June 29, 1992.

Tenn. Comp. R. & Regs. 0520-01-06-.03 MINIMUM REQUIREMENTS FOR EACH PARTICIPATING SCHOOL

Facilities and equipment for the storage, preparation, and serving of food shall be maintained by the local school system.

History

Authority: T.C.A. § 49-6-2301 et seq.
Administrative History: Original rule certified June 10, 1974. Repeal and new rule filed April 15, 1983. Repeal and new rule filed May 21, 1987; effective August 29, 1987.

Tenn. Comp. R. & Regs. 0520-01-06-.04 SPECIAL EXEMPTIONS FOR INFREQUENT SCHOOL-SPONSORED FUNDRAISERS

Local Education Agencies (LEA) may set special exemptions for infrequent school-sponsored fundraisers that sell foods or beverages that do not meet the nutrition standards for Smart Snacks. Such specially exempted fundraisers shall take place no more than twenty (20) days per semester per school site. No specially exempted fundraiser foods or beverages may be sold in competition with school meals in the food service area during the meal service. The principal of the school shall ensure that the twenty (20) day limit per semester is not exceeded.

LEAs shall include the special exemptions set for infrequent school-sponsored fundraisers in the Local Wellness Policy required by the Healthy, Hunger-Free Kids Act of 2010.

LEAs may request approval to exceed the twenty (20) day limit per semester from the Department of Education.

History

Authority: T.C.A. §§ 49-1-302, 49-6-2303, 78 Fed. Reg. 125 (June 28, 2013).
Administrative History: Original rule filed May 25, 2005; effective August 8, 2005. Amendment filed November 30, 2007; effective March 28, 2008. Repeal and new rule filed May 26, 2015; effective August 24, 2015. Repeal and new rule filed March 31, 2016; effective June 29, 2016.

Tenn. Comp. R. & Regs. 0520-01-06-.05 MINIMUM REQUIREMENTS FOR NON-PARTICIPATION

High Schools may decline participation in the National School Lunch Program or the minimum nutrition standards established in this chapter through a district waiver request to the Department of Education provided that:

(1) Schools must still provide free and reduced priced meals to qualifying students following the standards set forth by USDA;

(2) The district complies with all other relevant provisions of T.C.A. § 49-6-2303; and (3) The district acknowledges that it will not receive federal or state funding for meals served at schools that are granted a waiver from participation in the National School Lunch program.

Waivers must be submitted to the Department of Education prior to July 1 annually. Waivers will not be granted to any school serving students below grade 9. Waivers do not apply to snack food and beverages sold to students during the school day.

History

Authority: T.C.A. §§ 49-41-320 and 49-6-2303.
Administrative History: New rule filed October 7, 2016; effective January 5, 2017.

Chapter 0520-01-07 Career and Technical Education

Tenn. Comp. R. & Regs. 0520-01-07-.01 ADMINISTRATION

(1) “Eligible Recipient” as used in this rule shall have the same meaning as defined in the Strengthening Career and Technical Education in Tennessee Plan (“The Tennessee State Plan”).

(2) Eligible Recipients seeking reimbursement for career and technical education programs shall submit a local application to the Commissioner of Education annually and adhere to the following requirements.

(a) The Eligible Recipient shall complete a comprehensive local needs assessment in accordance with requirements set forth by the Department of Education. The results of the comprehensive local needs assessment shall be used by the Eligible Recipient to develop the local application.

(b) The comprehensive local needs assessment and local application shall be developed by the Eligible Recipient in consultation with a local advisory committee. This committee shall provide advice on current job needs and on the relevancy of courses being offered by the Eligible Recipient. The local advisory committee shall be composed of members of the general public, including: 1.

Representatives of career and technical education programs, including, but not limited to teachers, career guidance and academic counselors, principals and other school leaders, district administrators, specialized instructional support personnel, and paraprofessionals;

Representatives of local career and technical education programs at postsecondary institutions, including, but not limited to faculty and administrators;
Representatives of the State or local workforce development boards and a range of local or regional business or industry partners;
Parents and students;
Representatives of special populations as defined in the federal Strengthening Career and Technical Education for the 21st Century Act;
Representatives of regional or local agencies serving out-of-school youth as defined in the federal Workforce Innovation and Opportunity Act, homeless children and youth, and at-risk youth (as defined in section 1432 of the Elementary and Secondary Education Act of 1965); and, 7. Representatives of Indian Tribes and Tribal organizations, where applicable, or any other representatives deemed necessary by the Eligible Recipient.

(c) Eligible Recipients shall complete all annual local data reporting requirements as defined by the Department of Education, as well as other reporting requirements pursuant to federal and state legislation and the Tennessee State Plan.

(d) Eligible Recipients shall acknowledge and adhere to assurances contained in the local application developed by the Department of Education regarding uses of funds and compliance with state and federal requirements and the Tennessee State Plan.

History

Authority: T.C.A. §§ 49-1-202, 49-1-302, and 49-11-101.
Administrative History: Original rule certified October 31, 1975; effective January 14, 1976. Repeal and new rule filed March 16, 1992; effective June 29, 1992. Amendment filed September 6, 2007; effective January 28, 2008. Amendments filed December 10, 2020; effective March 10, 2021.

Tenn. Comp. R. & Regs. 0520-01-07-.02 STUDENT ORGANIZATIONS

The following organizations serve as a support for the instructional curriculum in the following career clusters:

(1) Agriculture, Food, and Natural Resources: The Tennessee Association of FFA;

(2) Marketing, Finance, and Business Management and Administration: DECA and Future Business Leaders of America;

(3) Health Science: HOSA;

(4) Education and Training and Human Services: Family, Career and Community Leaders of America;

(5) Manufacturing, STEM, and Information Technology: Technology Student Association; and (6) Architecture and Construction, Human Services, Transportation, Distribution and Logistics, Hospitality and Tourism, Law, Public Safety, Corrections, and Security, Arts, Audio/Visual Technology and Communications: SkillsUSA.

History

Authority: T.C.A. §§ 49-1-302, 49-11-101, and 49-11-104.
Administrative History: Original rule filed March 16, 1992; effective June 29, 1992. Amendment filed September 6, 2007; effective January 28, 2008. Amendment filed September 6, 2013; effective February 28, 2014.

Tenn. Comp. R. & Regs. 0520-01-07-.03 WORK-BASED LEARNING AGREEMENTS

For programs including work-based learning placements, local school systems shall have written agreements with the agencies providing the work-based learning experience. In addition, the student’s parent or guardian shall sign an agreement authorizing participation by the student.

History

Authority: T.C.A. §§ 49-1-302 and 49-11-101.
Administrative History: Original rule filed March 16, 1992; effective June 29, 1992. Amendments filed June 25, 2019; effective September 23, 2019.

Tenn. Comp. R. & Regs. 0520-01-07-.04 COORDINATION AND SUPERVISION OF STUDENT WORK-BASED LEARNING

EXPERIENCE.

(1) Work-based learning coordinators shall be provided time during the regular school day to coordinate and supervise students involved in work-based learning placements.

(2) In a work-based learning program, a maximum of six (6) credits may be earned in any one (1) school year. At least one (1) credit shall be earned through related classroom experience which shall include a minimum of two (2) periods per week of classroom instruction if the school is on a period schedule, or a minimum of one (1) block per week of classroom instruction if the school is on a block schedule. A minimum of five (5) hours per week of supervised work experience shall be required for each additional credit earned. Students earning credits for work experience shall be supervised by a certified work-based learning coordinator. Work-based learning programs shall align with the Work-Based Learning Framework as defined in State Board of Education High School Policy 2.103, this Chapter, and shall adhere to all state and federal child labor laws.

History

Authority: T.C.A. §§ 49-1-302, 49-11-101, and 49-11-909.
Administrative History: Original rule filed March 16, 1992; effective June 29, 1992. Amendments filed June 25, 2019; effective September 23, 2019. Amendments filed April 19, 2023; effective July 18, 2023. Amendments filed September 11, 2024; effective December 10, 2024.

Tenn. Comp. R. & Regs. 0520-01-07-.05 SUMMER EMPLOYMENT IN AGRICULTURE, FOOD, AND NATURAL RESOURCES

To qualify for extended employment, an agriculture, food, and natural resources teacher shall devote a minimum of forty (40), eight (8)-hour working days beyond the two hundred (200)-day contract required by the state for a regular teacher.

History

Authority: T.C.A. §§ 49-1-302, 49-11-101, and 49-11-104.
Administrative History: Original rule filed March 16, 1992; effective June 29, 1992. Amendment filed September 6, 2007; effective January 28, 2008. Amendments filed September 6, 2013; effective February 28, 2014. Amendments filed June 25, 2019; effective September 23, 2019.

Tenn. Comp. R. & Regs. 0520-01-07-.06 REPEALED

History

Authority: T.C.A. §§ 49-1-302 and 49-11-101.
Administrative History: Original rule filed March 16, 1992; effective June 29, 1992. Repeal filed August 31, 1999; effective December 29, 1999.

Chapter 0520-01-08 Creation or Reactivation of City School Systems

Tenn. Comp. R. & Regs. 0520-01-08-.01 REQUIREMENTS FOR CREATION OR REACTIVATION OF CITY SCHOOL

SYSTEMS.

No city school system shall be created or reactivated for the purpose of operating a system of public schools unless such school system:

(1) Has a scholastic population within its boundaries that will assure an enrollment of at least 1,500 pupils in its public schools, or which has at least 2,000 pupils presently enrolled in the proposed school system;

(2) Employs a full-time director of schools who meets all legal and regulatory requirements for directors of schools in Tennessee;

(3) Employs teachers who meet all legal and regulatory requirements for teachers in Tennessee;

(4) Provides school plant facilities which meet the minimum requirements and standards of the State Board of Education;

(5) Spends each fiscal year for the current operation of its public schools an amount of money in addition to the amount required to be raised by the county at least equal to that which a fifteen cents ($0.15) tax levy on each One Hundred Dollars ($100.00) of taxable property for the current year in said city school district would produce if the same were all collected; and (6) Furnishes all information as requested by the State Commissioner of Education on behalf of the State Board of Education relating to the creation or reactivation of the new school system, such as supporting statistical and fiscal data; and furnish certified results of a referendum election indicating the willingness of the local people to meet the standards of adequacy as here in above set forth and to provide the necessary local funds to do so, after the new school system's share of the state and other school funds has first been applied.

History

Authority: T.C.A. §§ 49-2-106, 49-2-109, and 49-2-127.
Administrative History: Original rule filed March 16, 1992; effective June 29, 1992. Amendments filed March 24, 2017; effective June 22, 2017.

Chapter 0520-01-09 Special Education Programs and Services

Tenn. Comp. R. & Regs. 0520-01-09-.01 GENERAL REGULATIONS

ADOPTION BY REFERENCE.

The State Board of Education adopts by reference the Compilation of Federal Regulations at 34 C.F.R.

Part 300 in their entirety unless otherwise provided herein as the policies and procedures for administration of special education programs and services in the State. The regulations, evaluation procedures, and eligibility criteria are available from the Division of Special Education, Tennessee Department of Education, 710 James Robertson Parkway, Nashville, TN 37243, or on the internet by accessing the State Department of Education’s website at https://www.tn.gov/content/tn/education/families/student-support/special-education.html.

History

Authority: T.C.A. § 49-10-101 and 34 C.F.R. Part 300.
Administrative History: Original rule filed June 10, 1974. Amendment filed October 3, 1974; effective November 2, 1974. Amendment filed June 30, 1975; effective July 30, 1975. Amendment filed January 15, 1976; effective April 15, 1976. Amendment filed July 15, 1976; effective August 16, 1976. Amendment filed February 28, 1978; effective March 30, 1978. Amendment filed January 9, 1979; effective February 23, 1979. Amendment filed April 14, 1980; effective May 28, 1980. Amendment filed June 27, 1984; effective July 27, 1984. Amendment filed May 12, 1985; effective August 13, 1985. Amendment filed October 1, 1985; effective January 14, 1986. Amendment filed May 28, 1986; effective June 27, 1986. Amendment filed July 10, 1986; effective October 29, 1986. Repeal and new rule filed March 16, 1992; effective June 29, 1992. Repealed and new rule filed August 18, 1993; effective December 29, 1993. Amendment filed June 21, 1995; effective October 27, 1995. Amendment filed August 7, 1995; effective December 29, 1995. Rule 0520-01-03-.09 removed and new Chapter 0520-01-09 filed per Tennessee State Board of Education letter dated and effective April 29, 1999. Amendment filed June 19, 2001; effective September 2, 2001. Amendment filed September 6, 2007; effective January 28, 2008. Repeal and new rule filed November 30, 2007; effective February 13, 2008. Emergency rules filed June 29, 2017; effective through December 26, 2017. Amendments filed August 11, 2017; effective November 9, 2017. Amendments filed May 14, 2021; effective August 12, 2021.

Tenn. Comp. R. & Regs. 0520-01-09-.02 DEFINITIONS

(1) “Behavior Intervention Plan” or “BIP” means an individualized plan based on the results of a Functional Behavior Assessment that is designed to assist a student to decrease inappropriate behavior and increase or teach an alternative appropriate behavior.

(2) “Charter School” means a public charter school as defined at T.C.A. § 49-13-104.

(3) “Child with a Disability” means a child between three (3) and twenty-one (21) years of age, both inclusive, who has been evaluated and determined as having a state-identified disability of functional delay or intellectually gifted, or as having one (1) or more of the following disabilities as defined in 34 C.F.R. §§ 300.8: an intellectual disability; a hearing impairment, including deafness; a speech or language impairment; a visual impairment, including blindness; emotional disturbance; an orthopedic impairment; autism; traumatic brain injury; other health impairment; a specific learning disability; developmental delay; deaf-blindness; or multiple disabilities and who, by reason thereof, needs special education and related services. Any child with a disability who turns twenty-two (22) years of age between the commencement of the school year and the conclusion of the school year continues to be a child with a disability for the remainder of that school year.

(4) “Department” means the Tennessee Department of Education.

(5) “FAPE” means a free appropriate public education in compliance with the Individuals with Disabilities Education Act (“IDEA”) , 20 U.S.C. § 1400 et seq.

(6) “Functional Behavior Assessment” or “FBA” means a process rooted in applied behavior analysis that focuses on determining why a student engages in behaviors that impede learning and how the student’s behavior relates to the environment.

(7) “Individualized Education Program” or “IEP” means a written statement for a child with a disability that is developed, reviewed, and revised in accordance with 34 CFR §§ 300.320 through 300.324.

(8) “IEP Team” means a group of individuals described in 34 CFR § 300.321 that is responsible for developing, reviewing, or revising an IEP for a child with a disability.

(9) “LEA” means a Tennessee local education agency and has the same meaning given in T.C.A. § 49-1-103(2).

(10) “Licensed Behavior Analyst” means an individual who is certified as a board certified behavior analyst (BCBA) or board certified behavior analyst-doctoral (BCBA-D) and is licensed by the Applied Behavior Analyst Licensing Committee of the Tennessee Department of Health to practice applied behavior analysis as an independent practitioner.

(11) “Parent” means:

(a) The biological or adoptive parent;

(b) A legal guardian;

(d) A surrogate parent appointed in accordance with 34 C.F.R. § 300.519 and Rule 0520- 01-09-.20 to represent a child in all matters relating to:

The identification, evaluation, and educational placement of the child; and 2. The provision of FAPE to the child; or (e) A person with caregiving authority for the child, including but not limited to, a foster parent if the biological or adoptive parent’s authority to make educational decisions on the child’s behalf has been terminated under Tennessee law and the foster parent:
Is willing to make the educational decisions required of parents under the law;
Has no interest that would conflict with the interest of the child; and 3. Has been the foster parent to the child for more than one (1) year in duration. If he or she has been the foster parent to the child for less than one (1) year in duration, he or she may be appointed by the LEA as a surrogate parent for the child.

(12) “Related Services” means:

(a) Transportation and such developmental, corrective, and other supportive services required to assist a child with a disability to benefit from special education, including, but not limited to, speech-language pathology and audiology services; interpreting services; psychological services; physical and occupational therapy; transition services, including job placement; recreation, including therapeutic recreation; early identification and assessment of disabilities in children; counseling services, including rehabilitation counseling with a focus on career development, employment preparation, achieving independence, and integration in the workplace and community of a child with a disability; orientation and mobility services; and medical services for diagnostic or evaluation purposes; or (b) School health services and school nurse services, social work services in schools, and parent counseling and training.

Parent counseling and training means:

(i) Assisting parents in understanding the special needs of their child;

(ii) Providing parents with information about child development; and (iii) Helping parents to acquire the necessary skills that will allow them to support the implementation of their child’s IEP.

(13) “School Year” means July 1 to June 30 for the purposes of determining eligibility and services for a child with a disability.

(14) “Special Education” means specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability, including instruction conducted in the classroom, home, hospitals, institutions, and other settings, and instruction in physical education.

History

Authority: T.C.A. §§ 49-10-101, et seq. and 49-10-1301, et seq., and 34 C.F.R. Part 300.
Administrative History: Original rule filed June 19, 2001; effective September 2, 2001. Repeal and new rule filed November 30, 2007; effective February 13, 2008. Amendment filed April 30, 2009; effective August 28, 2009. Amendment filed August 13, 2010; effective January 29, 2011. Emergency rules filed June 29, 2017; effective through December 26, 2017. Amendments filed August 11, 2017; effective November 9, 2017. Amendments filed May 14, 2021; effective August 12, 2021. Amendments filed March 29, 2022; effective June 27, 2022.

Tenn. Comp. R. & Regs. 0520-01-09-.03 RECOGNIZED DISABILITY CATEGORIES

(1) Autism.

(a) “Autism” means a developmental disability, which significantly affects verbal and nonverbal communication and social interaction, generally evident before age three (3) that adversely affects a child’s educational performance. Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experience. Autism does not apply if a child’s educational performance is adversely affected primarily because the child has an Emotional Disturbance, as defined in this Rule.

(b) Eligibility for autism also includes students who have been diagnosed with an Autism Spectrum Disorder such as Autism, a Pervasive Developmental Disorder, or Asperger’s Syndrome when the child’s educational performance is adversely affected.

Autism may exist concurrently with other areas of disability.

(c) A child may be found eligible as having Autism if the child manifests both of the following characteristics in early childhood (as social demands increase):

Persistent deficits in social communication and social interaction across multiple contexts, as manifested by all of the following:

(i) Deficits in social-emotional reciprocity (including, but not limited to abnormal social approach, failure of normal back and forth conversation, reduced sharing of interests, reduced sharing of emotions/affect, lack of initiation of social interaction, and poor social imitation);

(ii) Deficits in nonverbal communicative behaviors used for social interaction (including but not limited to impairments in social use of eye contact, use and understanding of body postures, use and understanding of gestures; abnormal volume, pitch, intonation, rate, rhythm, stress, prosody, and/or volume of speech; abnormal use and understanding affect, lack of coordinated verbal and nonverbal communication, and lack of coordination nonverbal communication); and (iii) Deficits in developing and maintaining relationships appropriate to developmental level; ranging from difficulties adjusting behavior to social contexts, through difficulties in sharing imaginative play, to an apparent absence of interest in people; and 2. Restricted, repetitive patterns of behavior, interests, or activities as manifested by at least two (2) of the following:

(i) Stereotyped or repetitive speech, motor movements, or use of objects (including but not limited to echolalia, repetitive use of objects, idiosyncratic language, simple motor stereotypies);

(ii) Excessive adherence to routines, ritualized patterns of verbal or nonverbal behavior, or excessive resistance to change (including but not limited to motor rituals, insistence on same route or food, repetitive questioning, or extreme distress at small changes);

(iii) Highly restricted, fixated interests that are abnormal in intensity or focus (including but not limited to strong attachment to or preoccupation with unusual objects, excessively circumscribed or perseverative interests); or (iv) Hyper- or hypo-reactivity to sensory input or unusual interest in sensory aspects of environment (including but not limited to apparent indifference to pain/heat/cold, adverse response to sounds or textures, excessive smelling or touching of objects, fascination with lights or spinning objects).

(2) Deaf-Blindness.

(a) “Deaf-Blindness” means concomitant hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational needs that they cannot be accommodated in special education programs by addressing any one (1) of the impairments. A child may be found eligible as having Deaf-Blindness if the child:

Meets criteria for Deafness or Hearing Impairment and Visual Impairment; and 2. Is diagnosed with a degenerative condition or syndrome which will lead to Deaf- Blindness, and whose present level of functioning is adversely affected by both hearing and vision deficits; or 3. Has severe multiple disabilities due to generalized central nervous system dysfunction, and who exhibits auditory and visual impairments or deficits which are not perceptual in nature.

(3) Deafness.

(a) “Deafness” means a hearing impairment that is so severe that the child is impaired in processing linguistic information through hearing, with or without amplification that adversely affects a child’s educational performance. A child may be found eligible as having Deafness if the child has one (1) or more of the following characteristics:

An inability to communicate effectively due to deafness;
An inability to perform academically on a level commensurate with the expected level because of deafness; or 3. Delayed speech and/or language development due to deafness.

(4) Developmental Delay.

(a) “Developmental Delay” refers to children aged three years, zero months (3:0) through nine years, eleven months (9:11) who are experiencing developmental delays, as measured by appropriate diagnostic instruments and procedures, in one (1) or more of the following areas:

Physical (gross motor and/or fine motor);
Cognitive;
Communication;
Social or emotional; or 5. Adaptive development that adversely affects a child’s educational performance.

(b) Initial eligibility as Developmental Delay shall be determined before the child’s seventh birthday.

(d) The use of Developmental Delay as a disability category is optional for LEAs.

(5) Emotional Disturbance.

(a) “Emotional Disturbance” means a condition exhibiting one (1) or more of the following characteristics over a long period of time and to a marked degree that adversely affects a child’s educational performance:

Inability to learn which cannot be explained by intellectual, sensory, or health factors;
Inability to build or maintain satisfactory interpersonal relationships with peers and teachers;
Inappropriate types of behavior or feelings under normal circumstances;
A general pervasive mood of unhappiness or depression; or 5. A tendency to develop physical symptoms or fears associated with personal or school problems.

(b) Emotional Disturbance includes schizophrenia. Emotional Disturbance does not apply to children who are socially maladjusted, unless it is determined that they have an emotional disturbance.

(6) Functional Delay.

(a) “Functional Delay” means a continuing significant disability in intellectual functioning and achievement that adversely affects the student’s ability to progress in the general education program, but the student’s adaptive behavior in the home or community is not significantly impaired and is at or near a level appropriate to the student’s chronological age, including all of the following:

Significantly impaired intellectual functioning which is two (2) or more standard deviations below the mean, and difficulties in the following areas cannot be the primary reason for significantly impaired scores on measures of intellectual functioning:

(i) Limited English proficiency;

(ii) Cultural factors;

(iii) Medical conditions that impact school performance;

(iv) Environmental factors; and (v) Communication, sensory or motor disabilities;

Deficient academic achievement which is at or below the fourth percentile in two (2) or more total or composite scores on a norm referenced test in the following areas:

(i) Basic reading skills;

(ii) Reading fluency skills;

(iii) Reading comprehension;

(iv) Mathematics calculation;

(v) Mathematics problem solving; or (vi) Written expression; and 3. Home or school adaptive behavior scores that fall above the level required for meeting Intellectual Disability eligibility standards.

(b) Prior to identification of Functional Delay the student’s IEP team must determine that underachievement is not primarily the result of Visual, Motor, or Hearing Disability, Intellectual Disability, Speech or Language Impairment, or a Specific Learning Disability.

(7) Hearing Impairment.

(a) “Hearing Impairment” means an impairment in hearing, whether permanent or fluctuating, that adversely affects a child’s educational performance but does not include Deafness.

(b) A child may be found eligible as having Hearing Impairment if the child has one (1) or more of the following characteristics:

Inability to communicate effectively due to a hearing impairment;
Inability to perform academically on a level commensurate with the expected level because of a hearing impairment; or 3. Delayed speech and/or language development due to a hearing impairment.

(8) Intellectually Gifted.

(a) “Intellectually Gifted” means a child whose intellectual abilities, creativity, and potential for achievement are so outstanding that the child’s needs exceed differentiated general education programing, adversely affect educational performance, and require specifically designed instruction or support services.

(b) Children from all populations (including but not limited to all cultural, racial, and ethnic groups, English Learners, all economic strata, twice-exceptional, etc.) can be found eligible for Intellectually Gifted.

(c) Children identified as Intellectually Gifted are exempted from the discipline procedures at 34 C.F.R. § 300.530-537. Children with a dual diagnosis that includes Intellectually Gifted must be considered as children with a disability and may not be exempted from the discipline procedures at 34 C.F.R. § 300.530-537.

(9) Intellectual Disability.

(a) “Intellectual Disability” means significantly impaired intellectual functioning, existing concurrently with deficits in adaptive behavior and manifested during the developmental period that adversely affects a child’s educational performance.

(10) Multiple Disabilities.

(a) “Multiple Disabilities” means concomitant impairments (including but not limited to Intellectual disability- Deafness, Intellectual disability- Orthopedic Impairment), the combination of which causes such severe educational needs that they cannot be accommodated by addressing only one (1) of the impairments. Multiple Disabilities does not include Deaf-Blindness.

(11) Orthopedic Impairment.

(a) “Orthopedic Impairment” means a severe orthopedic impairment that adversely affects a child’s educational performance. The term includes, but is not limited to, impairments caused by congenital anomaly (including but not limited to club foot, absence of some member), impairments caused by disease (including but not limited to poliomyelitis, bone tuberculosis), and impairments from other causes (including but not limited to cerebral palsy, amputations, and fractures or burns that cause contractures).

(12) Other Health Impairment.

(a) “Other Health Impairment” means having limited strength, vitality or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment, that is due to chronic or acute health problems including but not limited to asthma, Attention Deficit Hyperactivity Disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, and Tourette’s Syndrome that adversely affects a child’s educational performance.

(b) A child may be found eligible as having an Other Health Impairment if the child has a chronic or acute health problem that requires specially designed instruction due to:

Impaired organizational or work skills;
Inability to manage or complete tasks;
Excessive health related absenteeism; or 4. Medications that affect cognitive functioning.

(13) Specific Learning Disability.

(a) “Specific Learning Disability” means a disorder in one (1) or more of the basic psychological processes involved in understanding or in using language, spoken or written, which may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations, and that adversely affect a child’s educational performance. Specific Learning Disability includes conditions such as perceptual disabilities (including but not limited to, visual processing), brain injury that is not caused by an external physical force, minimal brain dysfunction, dyslexia, and developmental aphasia.

(b) Specific Learning Disability does not include a learning problem that is primarily the result of Visual Impairment, Hearing Impairment, Orthopedic Impairment, Intellectual Disability, Emotional Disturbance, Limited English Proficiency, or environmental cultural, or economic disadvantage.

(14) Speech or Language Impairment.

(a) “Speech or Language Impairment” means a communication disorder, such as stuttering, impaired articulation, a language impairment, or voice impairment that adversely affects a child’s educational performance.

(b) Speech or Language Impairment includes demonstration of impairments in one (1) or more of the following areas:

Language Impairment. A significant deficiency in comprehension and/or use of spoken language that may also impair written and/or other symbol systems and is negatively impacting the child’s ability to participate in the classroom environment. The impairment may involve any or a combination of the following: the form of language (phonology, morphology, and syntax), the content of language (semantics) and/or the use of language in communication (pragmatics) that is adversely affecting the child’s educational performance;
Articulation (Speech Sound Production) Impairment. A significant deficiency in the ability to produce sounds in conversational speech not consistent with chronological age. This includes a significant atypical production of speech sounds characterized by substitutions, omissions, additions, or distortions that interfere with intelligibility in conversational speech and obstruct learning and successful verbal communication in the educational setting. Speech sound errors may be a result of impaired phonology, oral motor or other issues;
Voice Impairment. An excess or significant deficiency in pitch, intensity, resonance, or quality resulting from pathological conditions or inappropriate use of the vocal mechanism; or 4. Fluency Impairment. Abnormal interruption in the flow of speech characterized by an atypical rate or rhythm, and/or repetitions in sounds, syllables, words, and phrases that significantly reduces the speaker’s ability to participate within the learning environment.

(c) Speech or Language deficiencies identified cannot be attributed to characteristics of second language acquisition, cognitive referencing, and/or dialectic differences.

(15) Traumatic Brain Injury.

(a) “Traumatic Brain Injury” means an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a child’s educational performance. The term applies to open or closed head injuries resulting in impairments in one (1) or more areas, such as cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem-solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; information processing; and speech.

(b) Traumatic Brain Injury may include the following:

An insult to the brain caused by an external force that may produce a diminished or altered state of consciousness; and 2. The insult to the brain induces a partial or total functional disability resulting in one (1) or more of the following:

(i) Physical impairments such as, but not limited to:

(I) Speech, vision, hearing, and other sensory impairments;

(II) Headaches;

(III) Fatigue;

(IV) Lack of coordination;

(V) Spasticity of muscles;

(VI) Paralysis of one or both sides; or (VII) Seizure disorder.

(ii) Cognitive impairments such as, but not limited to:

(I) Attention or concentration;

(II) Ability to initiate, organize, or complete tasks;

(III) Ability to sequence, generalize, or plan;

(IV) Flexibility in thinking, reasoning or problem solving;

(V) Abstract thinking;

(VI) Judgment or perception;

(VII) Long-term or short-term memory, including confabulation;

(VIII) Ability to acquire or retain new information; or (IX) Ability to process information/processing speed.

(iii) Psychosocial impairments such as, but not limited to:

(I) Impaired ability to perceive, evaluate, or use social cues or context appropriately that affect peer or adult relationships;

(II) Impaired ability to cope with over-stimulation environments and low frustration tolerance;

(III) Mood swings or emotional ability;

(IV) Impaired ability to establish or maintain self-esteem;

(V) Lack of awareness of deficits affecting performance;

(VI) Difficulties with emotional adjustment to injury (anxiety, depression, anger, withdrawal, egocentricity, or dependence);

(VII) Impaired ability to demonstrate age-appropriate behavior;

(VIII) Difficulty in relating to others;

(IX) Impaired self-control (verbal or physical aggression, impulsivity);

(X) Inappropriate sexual behavior or disinhibition;

(XI) Restlessness, limited motivation and initiation; or (XII) Intensification of pre-existing maladaptive behaviors or disabilities.

(c) Traumatic Brain Injury does not apply to brain injuries that are congenital or degenerative, or to brain injuries induced by birth trauma.

(16) Visual Impairment.

(a) “Visual Impairment,” including either partial sight or blindness, means impairment in vision that, even with correction, adversely affects a child’s educational performance. A child may be found eligible as having a visual impairment if the child has at least one (1) of the following:

Visual acuity in the better eye or both eyes with best possible correction:

(i) Legal blindness – 20/200 or less at distance and/or near; or (ii) Low vision – 20/70 or less at distance and/or near;

Visual field restriction with both eyes:

(i) Legal blindness – remaining visual field of 20 degrees or less;

(ii) Low vision – remaining visual field of 60 degrees or less; or (iii) Medical and educational documentation of progressive loss of vision, which may in the future affect the student’s ability to learn visually; or 3. Other Visual Impairment, not perceptual in nature, resulting from a medically documented condition (For example, but not limited to, cortical visual impairment).

History

Authority: T.C.A. §§ 49-10-101, et seq., and 34 C.F.R. Part 300.
Administrative History: Original rule filed June 19, 2001; effective September 2, 2001. Amendment filed August 30, 2004; effective December 29, 2004. Repeal and new rule filed November 30, 2007; effective February 13, 2008. Emergency rules filed June 29, 2017; effective through December 26, 2017. Amendments filed August 11, 2017; effective November 9, 2017. Amendments filed May 14, 2021; effective August 12, 2021.

Tenn. Comp. R. & Regs. 0520-01-09-.04 CONSENT

(1) Parental consent is required for the following:

(a) Initial evaluations and reevaluations;

(b) Initial provision of special education and related services; and (c) Functional behavior assessments.

(2) Consent means:

(a) The Parent has been fully informed of all information relevant to the activity for which consent is sought, in his or her native language, or through another mode of communication;

(b) The Parent understands and agrees in writing to the carrying out of the activity for which his or her consent is sought, and the consent describes that activity and lists the records (if any) that will be released and to whom; and (c) The Parent understands that the granting of consent is voluntary on the part of the Parent and may be revoked at any time.

If a Parent revokes consent, that revocation is not retroactive. Revocation of consent shall be in writing and is not effective until received by the LEA to which the consent was granted.
If the Parent revokes consent in writing for their child’s receipt of special education services after the child is initially provided special education and related services, the LEA is not required to amend the child’s education records to remove any references to the child’s receipt of special education and related services because of the revocation of consent.

History

Authority: T.C.A. §§ 49-10-101, et seq., and 34 C.F.R. Part 300.
Administrative History: Original rule filed June 19, 2001; effective September 2, 2001. Repeal and new rule filed November 30, 2007; effective February 13, 2008. Amendments filed May 14, 2021; effective August 12, 2021.

Tenn. Comp. R. & Regs. 0520-01-09-.05 CHILD FIND AND FREE APPROPRIATE PUBLIC EDUCATION

(1) Child Find.

(a) Every LEA shall develop and implement child find activities to identify, locate, and evaluate all children with disabilities, or who are suspected of having a disability, within its jurisdictional boundaries, ages three (3) through twenty-one (21), both inclusive, who need special education and related services, even though they are advancing from grade to grade. This includes but is not limited to:

Children who are enrolled by their Parents in a non-public school located within the jurisdictional boundaries of the LEA;
Children who are wards of the state; and 3. Children who are highly mobile (including children who are migrant and children who are homeless).

(b) Each LEA shall develop and implement procedures for creating public awareness of special education programs and services. A notice shall be published or announced in newspapers, other media (including the LEA’s website), or both, with circulation adequate to notify Parents of the activities conducted by the LEA.

(c) Any child suspected of having a disability may be referred to the LEA. The LEA shall establish written procedures for accepting, processing and documenting receipt of each referral. The procedures shall be subject to review by the Department of Education.

(d) As a component of child find activities, general education programs within each LEA shall provide and document interventions implemented in the general education program.

(e) A Parent may request that the LEA conduct a full and individualized evaluation of the Parent’s child to determine if the child has a disability and is eligible for special education and related services.

(f) Eligibility determinations shall be completed within sixty (60) calendar days of receipt of parental consent for an initial evaluation.

(2) Free Appropriate Public Education (FAPE).

(a) FAPE shall be made available to all children with disabilities, including those children who reach twenty-two (22) years of age during the school year and children who have been suspended or expelled from school for more than ten (10) school days in a school year.

(b) To meet the obligations of FAPE, each LEA or Charter School shall provide services that address all of a child’s identified special education and related service needs, based on the child’s unique needs and not on the child’s disability.

(c) Charter Schools shall ensure students with disabilities receive education services required by their IEP. LEAs shall be responsible for ensuring that children with disabilities attending a charter school authorized by the LEA are provided FAPE.

(d) The Tennessee academic standards adopted by the State Board of Education shall serve as the basis for developing special education programs. Each LEA and Charter School shall provide a variety of services, interventions, and programs to meet the educational needs of all students, including the needs of children with disabilities.

(e) LEAs and Charter Schools shall provide children with disabilities with special transportation as required by the student’s IEP.

Children with disabilities shall, whenever appropriate, be provided transportation along with children who do not have disabilities. Adaptations shall be made to meet the needs of children with disabilities rather than separate transportation whenever appropriate.
Travel time for children with disabilities shall not exceed the travel time for other children, provided that exceptions may be made by the IEP team.
Vehicles used to provide special transportation shall meet the requirements established by the State Board’s Pupil Transportation Rule 0520-01-05.
Operators and attendants of vehicles who provide special transportation shall be given special training regarding the needs and special requirements of children with disabilities, except when Parents are transporting children with disabilities.

Special attendants shall be provided when an IEP team determines that such services are necessary.

LEAs may contract for special transportation provided that the operators, attendants, and vehicles used by a contractor meet the requirements established by the State Board of Education, except when Parents are transporting children with disabilities.

(f) Children with disabilities who are convicted as adults under state law and incarcerated in adult prisons shall be entitled to their rights under IDEA with the following exceptions:

The following requirements do not apply:

(i) Participation of children with disabilities in general statewide assessments; and (ii) Transition planning and transition services with respect to the students whose eligibility under IDEA Part B will end, because of their age, before they will be eligible to be released from prison based on consideration of their sentence and eligibility for early release.

The IEP team may modify the child’s IEP or placement if the state has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated. The requirements of 34 C.F.R. § 300.320 relating to the definition of an IEP and the general requirements of 34 C.F.R. § 300.114 relating to least restrictive environment do not apply with respect to these modifications.

History

Authority: T.C.A. §§ 49-10-101, et seq., 49-13-111, and 49-13-126 and 34 C.F.R. Part 300.
Administrative History: Original rule filed June 19, 2001; effective September 2, 2001. Amendment filed August 30, 2004; effective December 29, 2004. Amendment filed March 1, 2005; effective July 29, 2005. Repeal and new rule filed November 30, 2007; effective February 13, 2008. Emergency rules filed June 29, 2017; effective through December 26, 2017. Amendments filed August 11, 2017; effective November 9, 2017. Amendments filed May 14, 2021; effective August 12, 2021. Amendments filed June 21, 2022; effective September 19, 2022.

Tenn. Comp. R. & Regs. 0520-01-09-.06 REPEALED

History

Authority: T.C.A. § 49-10-101.
Administrative History: Original rule filed June 19, 2001; effective September 2, 2001. Repeal and new rule filed November 30, 2007; effective February 13, 2008. Emergency rules filed June 29, 2017; effective through December 26, 2017. Amendments filed August 11, 2017; effective November 9, 2017. Repeal filed May 14, 2021; effective August 12, 2021.

Tenn. Comp. R. & Regs. 0520-01-09-.07 EDUCATIONAL HOMEBOUND PLACEMENTS FOR STUDENTS WITH

DISABILITIES.

(1) Eligibility for Homebound Placements.

(a) An educational homebound placement for students with disabilities is made by an IEP team when considering the full continuum of placement options made available pursuant to IDEA. The IEP team must document that a homebound placement is necessary, temporary and consistent with requirements for the provision of a free appropriate public education.

(b) Medical Homebound decisions shall be in accordance with the State Board’s Homebound Instruction Rule 0520-01-02-.10.

(2) Use of Educational Homebound Placement.

(a) Educational homebound instruction is provided at home, hospital or related site to children with disabilities who are eligible pursuant to IDEA and state regulations.

Instruction provided to children with disabilities in educational homebound placements shall be provided by qualified personnel, pursuant to IDEA and state regulations.

(b) Educational homebound instruction is appropriate if the child’s IEP team determines that the student cannot receive an educational benefit in a less restrictive setting, including as a result of the student’s behavior. All educational homebound placements shall be temporary. The IEP shall contain a goal of returning the child to a less restrictive environment within the school year.

(c) An IEP containing an educational homebound placement shall be reviewed at intervals of thirty (30) school days by the child’s IEP team to ensure appropriateness of the provision of instruction and appropriateness of continuing the homebound placement.

(d) The frequency and duration of instruction necessary to provide FAPE during a homebound placement will be determined by the IEP team.

(e) IDEA Part B funds may be expended only for instruction in homebound placements of children with disabilities who are eligible for special education pursuant to IDEA and state regulations.

History

Authority: T.C.A. §§ 49-10-101, et seq., and 34 C.F.R. Part 300.
Administrative History: Original rule filed June 19, 2001; effective September 2, 2001. Repeal and new rule filed November 30, 2007; effective February 13, 2008. Amendments filed May 14, 2021; effective August 12, 2021.

Tenn. Comp. R. & Regs. 0520-01-09-.08 STATE ADVISORY COUNCIL

The state shall establish an advisory council on the education of children with disabilities for special education as provided by T.C.A. § 49-10-105. The Governor shall appoint the members of the advisory council on the education of children with disabilities.

History

Authority: T.C.A. § 49-10-105.
Administrative History: Original rule filed June 19, 2001; effective September 2, 2001. Amendment filed August 30, 2004; effective December 29, 2004. Amendment filed September 6, 2007; effective January 28, 2008. Repeal and new rule filed November 30, 2007; effective February 13, 2008. Amendments filed May 14, 2021; effective August 12, 2021.

Tenn. Comp. R. & Regs. 0520-01-09-.09 LEA ELIGIBILITY FOR FEDERAL IDEA PART B FUNDS

(1) Each LEA shall demonstrate to the satisfaction of the Department of Education that it:

(a) Complies with all state and federal requirements for child find;

(b) Makes available a FAPE to all children with disabilities;

(c) Includes children with disabilities in state and district-wide assessments, with appropriate accommodations and modifications where necessary, or in alternate assessments. The type of assessment must be determined by the IEP team consistent with the state guidelines for participation of students with disabilities in state or districtwide assessments.

(d) Ensures that children with disabilities participating in early intervention programs experience a smooth and effective transition to preschool programs and that, by the child’s third birthday, an IEP has been developed and implemented for the child. The LEA shall participate in the transition planning meeting no less than ninety (90) days prior to the third birthday of a child who may be a child with a disability.

(e) Ensures that children with disabilities who are enrolled in private schools or facilities by the LEA are provided special education and related services, in accordance with the IEP, at no cost to them or to their parents.

(f) Ensures that children with disabilities who are enrolled in private schools by their parents have an opportunity for special education services and that the amount spent to provide those services is a proportionate amount of the federal funds made available to the LEA. No unilaterally placed private school child with a disability has an individual entitlement to receive some or all of the special education and related services that the child would receive if enrolled in a public school.

(g) Establishes and has in effect policies, procedures, and programs that are consistent with this chapter for implementing the provision of special education and related services in order to ensure compliance with applicable state and federal regulations including, but not limited to:

Free appropriate public education, including interagency agreements to ensure FAPE for all children;
Child find procedures;
Evaluation, reevaluation and determination of eligibility procedures;
IEP/Individual Family Service Plan (IFSP) procedures;
Confidentiality procedures;
Private school services procedures;
Goals for performance of children with disabilities through school improvement planning;
Inclusion of children with disabilities in state and district-wide assessment programs with appropriate accommodations and modifications and the reporting of assessment data; and 9. Maintenance of effort.

(h) Supplements the provision of special education funds but does not commingle or supplant the provision of special education funding.

(i) Publicizes annual information regarding its special education programs and services and child find activities.

(j) Ensures that special education professionals and paraprofessionals are provided professional development collaboratively with general education personnel.

(k) Ensures that school administrators have professional development, training and the resources to establish challenging expectations and provide access to the general education curriculum in the regular classroom to the maximum extent possible for all children including those eligible for special education.

(l) Ensures that a continuum of alternative placements and related services are available to meet the needs of children with disabilities.

(2) Each LEA shall annually submit to the Department, at a minimum, the following information in accordance with the Department’s guidelines:

(a) A census of children with disabilities showing the total number and distribution of children within the LEA’s jurisdiction who are provided special education and related services;

(b) An assurance that IDEA funds will be used to supplement, and not to supplant, state and local funds, and will be expended only for the excess cost of providing special education and related services to children with disabilities;

(c) An assurance that, to the maximum extent appropriate, children with disabilities are educated with children without disabilities;

(d) A detailed budget and end of the year report of expenditures of all funds available to provide special education and related services; and (e) An assurance that a FAPE is available to all children with disabilities between the ages of three (3) and twenty-one (21), inclusive, including children who reach twenty-two (22) years of age during the school year and children who have been suspended or expelled for more than ten (10) school days in a school year.

(3) Each LEA shall maintain an accurate record of all children with disabilities who are residing within its jurisdiction. The census shall be taken on December 1 of each year and at other times as required by the Department.

(4) LEAs shall evaluate their special education programs and related services according to federal and state evaluation criteria.

(5) LEAs, state agencies, and private schools shall be monitored on a periodic basis by the Department of Education to determine the extent to which special education and related services are being implemented in the least restrictive environment and to assure compliance with applicable laws and regulations. The Department of Education shall provide technical assistance in self-evaluation, program planning, and implementation of any necessary corrective action plans.

(6) The Department shall annually report on the Department’s website, at a minimum, the following information:

(a) The number and percentage of children with disabilities in this state;

(b) The number and percentage of children with disabilities, disaggregated by disability category;

(c) The participation and performance of children with disabilities on state assessments; and (d) Other performance indicators for children with disabilities.

History

Authority: T.C.A. § 49-10-101 and 34 C.F.R. Part 300.
Administrative History: Original rule filed June 19, 2001; effective September 2, 2001. Amendment filed August 30, 2004; effective December 29, 2004. Repeal and new rule filed November 30, 2007; effective February 13, 2008. Emergency rules filed June 29, 2017; effective through December 26, 2017. Amendments filed August 11, 2017; effective November 9, 2017. Amendments filed May 14, 2021; effective August 12, 2021.

Tenn. Comp. R. & Regs. 0520-01-09-.10 FUNDING REQUIREMENTS

(1) State funds shall be allocated to each LEA in an amount to be determined by applying the applicable State funding formula to the children with disabilities identified and served during the preceding school year.

(2) In accordance with T.C.A. § 49-10-109, if an LEA is found by the Commissioner of Education (“Commissioner”) to have failed to provide a FAPE to all children with disabilities who by law are entitled to receive a FAPE from the LEA, then the Commissioner may withhold all or any portion of the State funding for the LEA as, in the Commissioner’s judgment, is warranted.

(3) Pursuant to 34 § C.F.R. 300.203, maintenance of effort shall be met if the LEA budgets at least the same total or per-capita amount from the combination of state and local funds as the LEA spent for that purpose from the prior year. The LEA may reduce the level of expenditures below the level for the preceding year if the reduction is attributable to the following:

(a) The voluntary departure, by retirement or otherwise, or departure for just cause, of special education or related services personnel, who are replaced by qualified, lower salaried staff;

(b) A decrease in the enrollment of children with disabilities;

(c) The termination of the obligation of the LEA, consistent with this part, to provide a program of special education to a particular child with a disability that is an exceptionally costly program, as determined by the Department, because the child:

Has left the jurisdiction of the LEA;
Has reached the age at which the obligation of the LEA to provide FAPE to the child has terminated; or 3. No longer needs the program of special education; or (d) The termination of costly expenditures for long-term high-cost purchases.

(4) Each LEA shall establish appropriate policies and procedures for the administration of IDEA and preschool funds and shall maintain appropriate records and reports to be used in planning and evaluating special education programs and services. The Department shall notify each LEA of its allocation of federal funds annually.

(5) LEAs shall use IDEA funds for the excess costs of providing special education and related services to children with disabilities. IDEA funds received by the LEA shall not be commingled with state funds.

(6) LEAs shall maintain records that demonstrate compliance with the excess cost, nonsupplanting, and comparability requirements for at least three (3) years after completion of the project described in the LEA’s application for federal funds.

(7) Subject to the availability of federal funds, the Department shall establish a process for LEAs to request reimbursement for high-cost children with disabilities.

(a) An LEA shall include qualifying services provided to children with disabilities in each public school in the LEA, including charter schools authorized by the LEA, in the LEA’s annual request for high-cost reimbursement.

(b) An LEA shall coordinate with public charter schools authorized by the LEA in the same manner that the LEA coordinates with its other public schools in requesting reimbursement for high-cost children with disabilities.

(c) An LEA shall provide to public charter schools authorized by the LEA applicable highcost reimbursement funds received by the LEA for any qualifying special education expenditures incurred directly by the public charter school.

(8) Two (2) or more LEAs may submit a consolidated annual comprehensive plan, with the approval of the Department, under the conditions of federal law:

(a) Those participating in a consolidated plan will be jointly responsible for implementing a FAPE program in the participating LEA; and (b) The consolidated plan must designate one (1) of the LEAs as the fiscal agent for the plan.

(9) For children with disabilities unilaterally placed in non-public schools, the same proportionate amount that is spent on public school children with disabilities from IDEA and preschool grants is allocated for the number of non-public school children with disabilities within the LEA’s jurisdiction. The preceding December 1st special education child count is used in calculating non-public and public school ratios to determine the proportionate amount.

History

Authority: T.C.A. §§ 49-10-101, et seq., and 34 C.F.R. Part 300.
Administrative History: Original rule filed June 19, 2001; effective September 2, 2001. Amendment filed August 30, 2004; effective December 29, 2004. Repeal and new rule filed November 30, 2007; effective February 13, 2008. Amendment filed August 13, 2010 to be effective January 29, 2011; rule was withdrawn by the State Board of Education on October 15, 2010. Repeal filed August 29, 2013; effective January 29, 2014. Amendments filed May 14, 2021; effective August 12, 2021. Amendments filed January 6, 2023; effective April 6, 2023.

Tenn. Comp. R. & Regs. 0520-01-09-.11 EVALUATION PROCEDURES

The Department, in consultation with the Advisory Council for the Education of Students with Disabilities and other stakeholders with expertise in each disability category, shall establish standards for determining program eligibility criteria, evaluation procedures, and evaluation participants. These standards shall be submitted by the Department to the State Board for final review and approval.

History

Authority: T.C.A. §§ 49-10-101, et seq.
Administrative History: Original rule filed June 19, 2001; effective September 2, 2001. Repeal and new rule filed November 30, 2007; effective February 13, 2008. Amendments filed May 14, 2021; effective August 12, 2021. Amendments filed January 6, 2023; effective April 6, 2023.

Tenn. Comp. R. & Regs. 0520-01-09-.12 .

(2) If an LEA creates a draft IEP prior to an IEP meeting, a copy of the draft IEP shall be provided to the Parent at least forty-eight (48) hours prior to the scheduled meeting time unless the Parent provides written notice to the LEA more than forty-eight (48) hours prior to the scheduled meeting declining his or her right to receive a copy of the draft IEP. The Parent meeting notification shall advise the Parent that they may decline their right to receive a copy of the draft IEP.

(a) If a draft IEP is provided it shall become the property of the Parent(s).

(b) An LEA shall not have the final IEP completed before an IEP meeting and the LEA shall make it clear to the Parent at the outset of the meeting that the services proposed by the LEA are preliminary recommendations for review and discussion with the Parent.

(3) An LEA shall notify a Parent at least twenty-four (24) hours prior to a manifestation determination review conducted pursuant to 34 C.F.R. § 300.530(e).

(4) Written notice shall be given to the Parents of a child suspected to have a disability or a child with a disability within at least ten (10) school days of the following:

(a) Proposal to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child; or (b) Refusal to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child.

History

Authority: T.C.A. §§ 49-10-101, et seq., and 34 C.F.R. Part 300.
Administrative History: Original rule filed June 19, 2001; effective September 2, 2001. Amendments filed March 1, 2005; effective July 29, 2005. Repeal and new rule filed November 30, 2007; effective February 13, 2008. Emergency rules filed June 29, 2017; effective through December 26, 2017. Amendments filed August 11, 2017; effective November 9, 2017. Amendments filed December 12, 2018; effective March 12, 2019. Amendments filed May 14, 2021; effective August 12, 2021. Amendments filed June 21, 2022; effective September 19, 2022.

Tenn. Comp. R. & Regs. 0520-01-09-.13 REPEALED

History

Authority: T.C.A. §§ 49-10-101 and 49-10-701.
Administrative History: Original rule filed June 19, 2001; effective September 2, 2001. Repeal and new rule filed November 30, 2007; effective February 13, 2008. Repeal filed May 14, 2021; effective August 12, 2021.

Tenn. Comp. R. & Regs. 0520-01-09-.14 REPEALED

History

Authority: T.C.A. §§ 49-10-101 and 49-10-701.
Administrative History: Original rule filed June 19, 2001; effective September 2, 2001. Amendments filed March 1, 2005; effective July 29, 2005. Repeal and new rule filed November 30, 2007; effective February 13, 2008. Repeal filed May 14, 2021; effective August 12, 2021.

Tenn. Comp. R. & Regs. 0520-01-09-.15 PARENT PARTICIPATION IN IEP MEETINGS

(1) An LEA shall notify the Parent of a child with a disability at least ten (10) calendar days before an IEP meeting to ensure that the Parent has an opportunity to attend, unless the Parent and LEA mutually agree to meet prior to ten (10) calendar days pursuant to Rule

Tenn. Comp. R. & Regs. 0520-01-09-.16 REPEALED

History

Authority: T.C.A. § 49-10-101.
Administrative History: Original rule filed June 19, 2001; effective September 2, 2001. Amendment filed March 1, 2005; effective July 29, 2005. Repeal and new rule filed November 30, 2007; effective February 13, 2008. Emergency rules filed June 29, 2017; effective through December 26, 2017. Amendments filed August 11, 2017; effective November 9, 2017. Repeal filed May 14, 2021; effective August 12, 2021.

Tenn. Comp. R. & Regs. 0520-01-09-.17 MEDIATION

All special education mediations shall be conducted by mediators listed by the Alternative Dispute Resolution Commission as general civil or family mediators pursuant to Tennessee Supreme Court Rule 31 and employed by or contracted by the secretary of state. The administrative office of the courts shall provide legal training in special education law to the mediators who conduct special education mediations. All parties shall participate in mediation in good faith.

History

Authority: T.C.A. §§ 49-10-101, et seq., and 49-10-601, et seq.; and 34 C.F.R. Part 300.
Administrative History: Original rule filed November 30, 2007; effective February 13, 2008.

Tenn. Comp. R. & Regs. 0520-01-09-.18 IMPARTIAL DUE PROCESS HEARING

(1) Special education due process cases shall be heard by administrative law judges employed by the secretary of state. Administrative law judges shall have jurisdiction to hear complaints arising under the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400, et seq., state special education law, and the Rules of the State Board of Education. The administrative office of the courts shall provide legal training in special education law to the administrative law judges assigned to hear special education due process cases sufficient to comport with the requirements of 20 U.S.C. § 1415, as from time to time amended.

(2) When a hearing is requested, the LEA director of schools shall immediately contact the Department of Education Division of Special Education.

(3) The LEA shall be responsible for providing an appropriate meeting place, a stenographic record of the hearing and a typed transcript of the hearing proceedings, and shall bear the administrative costs of the hearing, with the exception of the services of the hearing officer.

(4) Expenses, up to $5,000, for the services of a court reporter, the original copy of the transcript for the hearing officer and one (1) copy for the parents will be reimbursed upon submission of appropriate documentation to the Department of Education.

History

Authority: T.C.A. §§ 49-10-101, et seq., and 49-10-601, et seq.; and 34 C.F.R. Part 300.
Administrative History: Original rule filed November 30, 2007; effective February 13, 2008. Emergency rules filed June 29, 2017; effective through December 26, 2017. Amendments filed August 11, 2017; effective November 9, 2017. Amendments filed May 14, 2021; effective August 12, 2021. Amendments filed July 18, 2024; effective October 16, 2024.

Tenn. Comp. R. & Regs. 0520-01-09-.19 CIVIL ACTION

Any party aggrieved by the findings and decision of an impartial due process hearing has the right to bring a civil action with respect to the complaint presented. The action may be brought in any state court of competent jurisdiction in accordance with Tenn. Code Ann. § 4-5-322 or in a district court of the United States without regard to the amount in controversy.

History

Authority: T.C.A. §§ 49-10-101, et seq., and 49-10-601, et seq.; and 34 C.F.R. Part 300.
Administrative History: Original rule filed November 30, 2007; effective February 13, 2008. Amendments filed July 18, 2024; effective October 16, 2024.

Tenn. Comp. R. & Regs. 0520-01-09-.20 SURROGATE PARENTS

(1) Each LEA shall have written policies and procedures for the recruitment, training and appointment of surrogate parents.

(2) Each LEA shall appoint a surrogate parent to represent the child in all matters relating to the identification, assessment, educational placement, and the provision of a FAPE, including meetings concerning the individualized education program, and any mediation and due process hearings pertaining to the child when it determines that:

(a) No parent can be identified;

(b) It is unable to locate a parent by calls, visits and by sending a letter by certified mail (return receipt requested) to the last known address of the parent and allowing thirty (30) days for a response of the intention to appoint a surrogate parent;

(c) If the child is a ward of the State (including a ward of the court or a state agency); and/or (d) The child is an unaccompanied homeless youth as defined in section 725(6) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(6)).

(3) If the health or safety of the child or other persons would be endangered by delaying the change in placement, due to the unavailability of a surrogate, the change in educational placement may be made sooner, but without prejudice to any rights that the child and parent may have.

(4) The surrogate parent shall continue to represent the child until one (1) of the following occurs:

(a) The child is determined by the IEP team to no longer be eligible for, or in need of special education or related services, except when termination from such programs is being contested;

(b) The parent or guardian, who was previously unknown, or whose whereabouts were previously unknown, becomes known;

(c) The legal guardianship of the child is transferred to a person who is able to fulfill the role of the parent; or (d) The child attains eighteen (18) years of age.

(5) Criteria for selection of surrogate parents.

(a) A person selected as a surrogate parent shall not be an employee of the Department of Education, the LEA, or any other agency that is involved in the education or care of the child.

A person is not considered to be an employee of the LEA solely because he or she is paid by the LEA to serve as a surrogate parent.
A person is not considered to be an employee of the State solely because he or she is paid by the State to serve as a foster parent.

(b) A person selected as a surrogate parent must have knowledge and skills that ensure adequate representation of the child.

The selected person may be an employee of a nonpublic agency that only provides non-educational care for the child provided they are able to meet the standards and perform the responsibilities of a surrogate parent.

(d) Foster parents, selected by a state agency as the custodian for a child, who have had a foster child or children with disabilities for less than one (1) calendar year, may be appointed by an LEA to serve as surrogate parents for their foster child or children and may represent the child for educational purposes, provided that they perform the responsibilities of a surrogate parent.

(6) Responsibilities of a surrogate parent.

(a) A surrogate parent must have no interest that would conflict with the interests of the child to be represented;

(b) A surrogate parent must have knowledge and skills that ensure adequate representation of the child, including a functional understanding of the educational rights of children with disabilities;

(c) A surrogate parent must participate in whatever training program might be offered to ensure that they will have knowledge and skills to provide adequate representation of the child;

(d) A surrogate parent must represent the child throughout the special education decision making process of identification, evaluation, program development, initial placement, review of placement, and reevaluation, as appropriate;

(e) A surrogate parent must be acquainted with the child and his or her educational needs;

(f) A surrogate parent must attempt to ascertain the child’s educational needs and concerns;

(g) A surrogate parent must respect the confidentiality of all records and information;

(h) A surrogate parent must become familiar with the assistance provided by other human service agencies in the community that affects the child or that might be helpful resources; and (i) A surrogate parent must monitor the child’s educational program and placement.

History

Authority: T.C.A. §§ 49-10-101, et seq., and 34 C.F.R. Part 300.
Administrative History: Original rule filed November 30, 2007; effective February 13, 2008. Emergency rules filed June 29, 2017; effective through December 26, 2017. Amendments filed August 11, 2017; effective November 9, 2017. Amendments filed May 14, 2021; effective August 12, 2021.

Tenn. Comp. R. & Regs. 0520-01-09-.21 TRANSFER OF PARENTAL RIGHTS AT AGE OF MAJORITY

All special education related rights vest in the child when the child attains eighteen (18) years of age, unless a determination otherwise has been made in accordance with T.C.A. §§ 34-1-101 et seq. and §§ 34-3-101 et seq.

History

Authority: T.C.A. §§ 49-10-101, et seq.
Administrative History: Original rule filed November 30, 2007; effective February 13, 2008. Amendments filed May 14, 2021; effective August 12, 2021.

Tenn. Comp. R. & Regs. 0520-01-09-.22 AMENDMENT OF RECORDS AT PARENT’S REQUEST

The LEA, upon receiving a request from a parent pursuant to 34 C.F.R. § 300.618, shall decide, within fourteen (14) calendar days of receipt of the request, whether to amend the information as requested.

History

Authority: T.C.A. §§ 49-10-101, et seq., and 34 C.F.R. Part 300.
Administrative History: Original rule filed November 30, 2007; effective February 13, 2008. Emergency rules filed June 29, 2017; effective through December 26, 2017. Amendments filed August 11, 2017; effective November 9, 2017. Amendments filed May 14, 2021; effective August 12, 2021.

Tenn. Comp. R. & Regs. 0520-01-09-.23 ISOLATION AND RESTRAINT FOR STUDENTS RECEIVING SPECIAL EDUCATION

SERVICES.

(1) Definitions:

(a) “Extended Isolation” means isolation which lasts longer than one (1) minute per year of the student’s age or isolation which lasts longer than the time provided in the child’s IEP.

(b) “Extended Restraint” means a physical holding restraint lasting longer than five (5) minutes or a physical holding restraint which lasts longer than the time provided in the child’s IEP.

(c) “Noxious Substance” means a substance released in proximity to the student’s face or sensitive area of the body for the purpose of limiting a student’s freedom of movement or action, including but not limited to Mace and other defense sprays. Pursuant to T.C.A. § 49-10-1305, administering a Noxious Substance to a student receiving special education services is prohibited.

(2) LEAs are authorized to develop and implement training programs that include:

(a) Use of positive behavioral interventions and supports;

(b) Nonviolent crisis prevention and de-escalation;

(3) LEAs are authorized to determine an appropriate level of training commensurate with the job descriptions and responsibilities of school personnel.

(4) LEAs shall develop policies and procedures governing:

(a) Personnel authorized to use isolation and restraint;

(b) Training requirements; and (c) Incident reporting procedures.

(5) If school personnel impose isolation or restraint, then the school personnel shall immediately contact the school principal, or the principal’s designee. The principal or the principal’s designee shall observe and evaluate the student’s condition within a reasonable time after the isolation or restraint was used. As needed, the school nurse shall also observe and evaluate the student’s condition within a reasonable time after the isolation and restraint was used. The school principal, or principal’s designee, shall notify the student’s parent or guardian orally or by written or printed communication the same day the isolation or restraint was used.

(6) When the use of isolation or restraint is proposed at an IEP meeting, the parent shall be advised of the provisions of T.C.A. §§ 49-10-1301, et seq., this rule, and the IDEA procedural safeguards.

(7) An IEP team meeting shall be convened within ten (10) days of use of restraint if:

(a) The student’s IEP does not provide for the use of a physical holding restraint generally;

(b) The student’s IEP does not provide for the use of restraint for the behavior precipitating the use of the restraint; or (c) An Extended Restraint is used.

(8) An IEP team meeting shall be convened within ten (10) days of use of isolation if:

(a) The student’s IEP does not provide for the use of an isolation generally;

(b) The student’s IEP does not provide for the use of isolation for the behavior precipitating the use of the isolation; or (c) An Extended Isolation is used.

(9) State agencies providing educational services within a residential therapeutic setting to children in their legal and physical custody shall develop and adhere to isolation and restraint rules and policies in such educational settings which conform to the Tennessee Department of Mental Health and Developmental Disabilities (TDMHDD) state standards as applicable and at least one (1) of the following national standards: American Correctional Association (ACA), Council on Accreditation (COA), Centers for Medicare & Medicaid Services (CMS), Joint Commission for Accreditation of Healthcare Organizations (JCAHO), Commission on Accreditation of Rehabilitation Facilities (CARF), as they apply in the educational environment. Development of, and adherence to, such rules and policies shall be overseen by a licensed qualified physician or licensed doctoral level psychologist.

(10) School personnel who must isolate or restrain a student receiving special education services shall report each individual incident of isolation or restraint to the school principal or the principal’s designee. The Department shall develop a report form, which shall be used by school personnel when reporting isolation or restraint to the school principal or the principal’s designee.

(a) The report form shall be submitted for each individual incident and shall include the following information:

Student’s name, age, and disability;
Student’s school and grade level;
Date, time and location of the isolation or restraint;
Length of time student was isolated or restrained;
Names, job titles, and signatures of the school personnel who administered the isolation or restraint;
Whether the school personnel who administered the isolation or restraint were certified for completing a behavior intervention training program;
Names and job titles of other school personnel who observed or witnessed the isolation or restraint;
Name of the principal or designee who was notified following the isolation or restraint and time of notification;
Description of the antecedents that immediately preceded the use of isolation or restraint and the specific behavior being addressed;
A certification that any space used for isolation is at least forty (40) square feet;
A certification that school personnel were in continuous direct visual contact at all times with a student who was isolated;
How the isolation or restraint ended, including the student’s demeanor at the cessation of the isolation or restraint;
Physical injury or death to the student, school personnel or both during the isolation or restraint;
Medical care provided to the student, school personnel or both during the isolation or restraint;
Description of property damage, if relevant;
Date, time, and method of parent notification;
Whether an IEP team meeting is required pursuant to T.C.A. § 49-10-1304; and 18. A determination whether the student has a Functional Behavior Assessment and Behavior Intervention Plan for the behavior precipitating the use of isolation or restraint.

(b) A copy of the report must be submitted to the Department within five (5) calendar days of incident.

History

Authority: T.C.A. §§ 49-10-1301, et seq.
Administrative History: Original rule filed October 20, 2009; effective January 18, 2010. Amendments filed March 21, 2012; effective August 29, 2012. Emergency rules filed June 29, 2017; effective through December 26, 2017. Amendments filed August 11, 2017; effective November 9, 2017. Amendments filed May 14, 2021; effective August 12, 2021. Amendments filed March 29, 2022; effective June 27, 2022.

Tenn. Comp. R. & Regs. 0520-01-09-.24 FUNCTIONAL BEHAVIOR ASSESSMENTS AND BEHAVIOR INTERVENTION

PLANS.

(1) A Functional Behavior Assessment shall be conducted by a group of at least three (3) individuals knowledgeable about the student, which may include as appropriate:

(a) The Parent of the child;

(b) At least one (1) special education teacher of the child;

(d) Related Service provider(s);

(e) School psychologist;

(f) Other school personnel; and (g) The student.

(2) To the extent possible, the FBA process shall be led by a school psychologist, Licensed Behavior Analyst, or other school personnel trained to conduct FBAs.

(3) An FBA shall be conducted to inform the development or revision of a Behavior Intervention Plan in any of the following situations:

(a) When a student receiving Special Education and Related Services engages in conduct that results in a change of placement as defined by 34 C.F.R. 300.536 and the LEA, the Parent, and relevant members of the IEP team determine that the student’s conduct that gave rise to the change in placement was a manifestation of the child’s disability;

(b) When an IEP provides for the use of restraint or isolation, as required by T.C.A. § 49- 10- 1304(b);

(d) When the student exhibits a pattern of behavior that places the student or others at risk of harm or injury;

(e) When the student’s IEP team is considering a more restrictive placement as a result of the student’s behavior; or (f) When determined appropriate by the student’s IEP team.

(4) An FBA shall be conducted, as appropriate, to inform the development or revision of a BIP in the following situations:

(a) When a student receiving Special Education and Related Services is removed from their current placement for more than ten (10) consecutive school days for behavior not determined to be a manifestation of the student’s disability; or (b) When a student receiving Special Education and Related Services is removed to an interim alternative education setting for up to forty-five (45) school days for weapons, drugs, or serious bodily injury, irrespective of whether the student’s behavior is a manifestation of the student’s disability;

(5) An FBA shall include, at a minimum:

(a) Description of the problem or targeted behavior(s);

(b) Systematic observation of the events that immediately precede each display of the targeted behavior(s) and are associated with the display of the behavior(s);

(d) Analysis of the antecedent/setting(s) or environment(s) in which the targeted behavior(s) occurs and the frequency of those behavior(s);

(e) Review of the student’s educational and disciplinary records;

(f) Structured interviews with or surveys completed by the student’s teachers, Parents, or school personnel, as determined by the group of individuals conducting the FBA, who regularly interact with the student, and when applicable, a student interview;

(g) Review of the history of the targeted behavior(s) to include the effectiveness of any intervention previously used; and (h) Determination of whether a skill deficit is a contributing factor to the behavior(s).

If the results of the FBA determine that a skill deficit is contributing to the target behavior(s), the IEP must include measurable annual goal(s) to address the skill deficit.

(6) The group of individuals that conducts the FBA shall review the description of the problem or targeted behavior(s), the results of the assessment, and a hypothesis of the function of the behavior to develop a BIP.

(7) The BIP shall include, at a minimum:

(a) A description of the behavior(s) and the frequency;

(b) A restatement of the hypothesized function of behavior(s);

(d) Strategies for intervention, including but not limited to antecedent-based interventions, mitigating the consequences that reinforce the targeted behavior(s), and/or reinforcing identified replacement behavior(s) based on the results of the FBA;

(e) Identification of team members to teach appropriate replacement behaviors;

(f) A progress monitoring plan, including regular and frequent data collection and fidelity checks;

(g) A plan to train school personnel who interact regularly with the student on the intervention strategies identified in the student’s BIP; and (h) A description of the responses (i.e., consequences) or strategies required when the challenging behavior occurs (responses or strategies may include, but are not limited to extinction procedures, de-escalation, re-direction, or cost-response).

(8) The BIP shall be based on the student’s most recent FBA.

(9) The student’s IEP team shall review the BIP at least annually during the student’s annual IEP team meetings and revise the BIP as needed.

(10) A student’s IEP team may develop an informal behavior plan for a student when the IEP team determines an FBA is not warranted due to the student’s lower intensity behaviors.

(11) In a situation where a student has engaged in a pattern of behavior that places the student or others at risk of harm or injury, the IEP team may immediately adjust the student’s least restrictive environment in accordance with the Individuals with Disabilities Education Act (IDEA) without first conducting an FBA or BIP. In such cases, the IEP team must ensure the FBA is conducted and BIP is implemented, including in the appropriate environment, and the student’s IEP is revised to include a goal of returning the student to a less restrictive environment, as appropriate.

History

Authority: T.C.A. §§ 49-10-108 and 49-10-1301, et seq.; Executive Order No. 14 of 2020 (and applicable, subsequent Executive Orders addressing COVID-19 relief); Public Chapter 652 of 2020; 34 C.F.R. § 300.114; and 34 C.F.R. § 300.301(c).
Administrative History: Emergency rules filed April 16, 2020; effective through October 13, 2020. Emergency rules expired effective October 14, 2020, and the rules reverted to their previous statuses. Emergency rule filed June 10, 2020; effective through December 7, 2020. Emergency rule expired effective December 8, 2020, and the rule reverted to its previous status. New rule filed March 29, 2022; effective June 27, 2022. Amendments filed September 25, 2025; effective December 24, 2025.

Chapter 0520-01-10 Repealed (Transferred to 0465-04-01)

Tenn. Comp. R. & Regs. 0520-01-10-.01 REPEALED

History

Authority: T.C.A. §§ 49-1-302, 49-1-607, 49-5-108, 49-5-108(d)(2), 49-5-5201, 49-5-5602, and 49-5- 5605; Public Chapter No. 535 (Education Improvement Act); and Exec. Order No. 10 (Dec. 2, 2019).
Administrative History: Original rule filed June 29, 2001; effective September 10, 2001. Repeal and new rule filed January 30, 2013; effective June 30, 2013. Transfer to chapter 0465-04-01 filed March 15, 2021; effective June 13, 2021. Repeal filed April 29, 2021; effective July 28, 2021.

Tenn. Comp. R. & Regs. 0520-01-10-.10 REPEALED

History

Authority: T.C.A. §§ 49-1-302, 49-1-607, 49-5-108, 49-5-108(d)(2), 49-5-5201, 49-5-5602, and 49-5- 5605 and Public Chapter No. 535 (Education Improvement Act).
Administrative History: Original rule filed June 29, 2001; effective September 10, 2001. Repeal filed January 30, 2013; effective June 30, 2013.

Tenn. Comp. R. & Regs. 0520-01-10-.02 REPEALED

History

Authority: T.C.A. §§ 49-1-302, 49-1-607, 49-5-108, 49-5-108(d)(2), 49-5-5201, 49-5-5602, and 49-5- 5605; Public Chapter No. 535 (Education Improvement Act); and Exec. Order No. 10 (Dec. 2, 2019).
Administrative History: Original rule filed June 29, 2001; effective September 10, 2001. Repeal and new rule filed January 30, 2013; effective June 30, 2013. Transfer to chapter 0465-04-01 filed March 15, 2021; effective June 13, 2021. Repeal filed April 29, 2021; effective July 28, 2021.

Tenn. Comp. R. & Regs. 0520-01-10-.03 REPEALED

History

Authority: T.C.A. §§ 49-1-302, 49-1-607, 49-5-108, 49-5-108(d)(2), 49-5-5201, 49-5-5602, and 49-5- 5605; Public Chapter No. 535 (Education Improvement Act); and Exec. Order No. 10 (Dec. 2, 2019).
Administrative History: Original rule filed June 29, 2001; effective September 10, 2001. Repeal and new rule filed January 30, 2013; effective June 30, 2013. Transfer to chapter 0465-04-01 filed March 15, 2021; effective June 13, 2021. Repeal filed April 29, 2021; effective July 28, 2021.

Tenn. Comp. R. & Regs. 0520-01-10-.04 REPEALED

History

Authority: T.C.A. §§ 49-1-302, 49-1-607, 49-5-108, 49-5-108(d)(2), 49-5-5201, 49-5-5602, and 49-5- 5605; Public Chapter No. 535 (Education Improvement Act); and Exec. Order No. 10 (Dec. 2, 2019).
Administrative History: Original rule filed June 29, 2001; effective September 10, 2001. Amendment filed June 30, 2003; effective October 28, 2003. Repeal and new rule filed January 30, 2013; effective June 30, 2013. Transfer to chapter 0465-04-01 filed March 15, 2021; effective June 13, 2021. Repeal filed April 29, 2021; effective July 28, 2021.

Tenn. Comp. R. & Regs. 0520-01-10-.05 REPEALED

History

Authority: T.C.A. §§ 49-1-302, 49-1-607, 49-5-108, 49-5-108(d)(2), 49-5-5201, 49-5-5602, and 49-5- 5605; Public Chapter No. 535 (Education Improvement Act); and Exec. Order No. 10 (Dec. 2, 2019).
Administrative History: Original rule filed June 29, 2001; effective September 10, 2001. Amendment filed June 30, 2003; effective October 28, 2003. Repeal and new rule filed January 30, 2013; effective June 30, 2013. Transfer to chapter 0465-04-01 filed March 15, 2021; effective June 13, 2021. Repeal filed April 29, 2021; effective July 28, 2021.

Tenn. Comp. R. & Regs. 0520-01-10-.06 REPEALED

History

Authority: T.C.A. §§ 49-1-302, 49-1-607, 49-5-108, 49-5-108(d)(2), 49-5-5201, 49-5-5602, and 49-5- 5605; Public Chapter No. 535 (Education Improvement Act); and Exec. Order No. 10 (Dec. 2, 2019).
Administrative History: Original rule filed June 29, 2001; effective September 10, 2001. Repeal and new rule filed January 30, 2013; effective June 30, 2013. Transfer to chapter 0465-04-01 filed March 15, 2021; effective June 13, 2021. Repeal filed April 29, 2021; effective July 28, 2021.

Tenn. Comp. R. & Regs. 0520-01-10-.07 REPEALED

History

Authority: T.C.A. §§ 49-1-302, 49-1-607, 49-5-108, 49-5-108(d)(2), 49-5-5201, 49-5-5602, and 49-5- 5605 and Public Chapter No. 535 (Education Improvement Act).
Administrative History: Original rule filed June 29, 2001; effective September 10, 2001. Repeal filed January 30, 2013; effective June 30, 2013.

Tenn. Comp. R. & Regs. 0520-01-10-.08 REPEALED

History

Authority: T.C.A. §§ 49-1-302, 49-1-607, 49-5-108, 49-5-108(d)(2), 49-5-5201, 49-5-5602, and 49-5- 5605 and Public Chapter No. 535 (Education Improvement Act).
Administrative History: Original rule filed June 29, 2001; effective September 10, 2001. Amendment filed June 30, 2003; effective October 28, 2003. Repeal filed January 30, 2013; effective June 30, 2013.

Tenn. Comp. R. & Regs. 0520-01-10-.09 REPEALED

History

Authority: T.C.A. §§ 49-1-302, 49-1-607, 49-5-108, 49-5-108(d)(2), 49-5-5201, 49-5-5602, and 49-5- 5605 and Public Chapter No. 535 (Education Improvement Act).
Administrative History: Original rule filed June 29, 2001; effective September 10, 2001. Repeal filed January 30, 2013; effective June 30, 2013.

Chapter 0520-01-11 Individualized Education Accounts

Tenn. Comp. R. & Regs. 0520-01-11-.01 PURPOSE

The purpose of these rules is to effectuate the Individualized Education Act as required by T.C.A. §§ 49- 10-1401, et seq.

History

Authority: T.C.A. §§ 49-1-302 and 49-10-1401, et seq.
Administrative History: Emergency rules filed October 28, 2016; effective through April 26, 2017. Emergency rules superseded by new rules filed September 2, 2016; effective December 1, 2016. Emergency rules filed September 22, 2017; effective through March 21, 2018. Amendments filed December 21, 2017; effective March 21, 2018.

Tenn. Comp. R. & Regs. 0520-01-11-.02 DEFINITIONS

(1) “Account Holder” means a parent as defined in subsection (18) of this section or a Participating Student who has attained the age of majority who signs the IEA contract, is the Account Holder for the IEA funds, and is responsible for complying with all of the requirements of the IEA Program.

(2) “Act” means the Individualized Education Act.

(3) “Active IEP” means a written statement for a child with a disability that is developed, reviewed, and revised in accordance with 34 CFR §§ 300.320 through 300.324 that is being implemented on the date the application window for the IEA program closes.

(4) “Agreement” means a document signed by an applicant and a designee of the Department, which qualifies the parent or student who has attained the age of majority to participate in the Program.

(5) “Applicant” means the parent or legal guardian of a student, or student who has attained the age of majority, who has completed the Standard Application Form.

(6) “Computer Hardware or Other Technological Devices” means computer hardware or technological devices approved by the Department or a licensed treating physician that is used for the student’s educational needs. Computer hardware and technological devices shall meet one (1) of the following criteria:

(a) Is a required device for communication or for physical access to instruction due to the adverse impact of the disability for which the student qualifies to receive an IEA, or (b) Allows a student to access instruction or instructional content.

(7) “Criminal Background Check” at a minimum shall include, but not be limited to, a check of the following: Tennessee’s Sex Offender Registry and the Abuse Registry of the Tennessee Department of Health. All providers as defined in subsection (23) of this section and employers of providers shall maintain documentation that any persons providing services to Participating Students have undergone a fingerprint-based criminal history records check conducted by the Tennessee Bureau of Investigation (TBI) and forwarded by the TBI to the Federal Bureau of Investigation (FBI) for processing pursuant to the National Child Protection Act. All participating schools shall maintain documentation that all persons working on school grounds when students are present and/or providing services to students have undergone a fingerprint-based criminal history records check conducted by the Tennessee Bureau of Investigation (TBI) and forwarded by the TBI to the Federal Bureau of Investigation for processing pursuant to the National Child Protection Act. Individual contractors not employed by an organization shall fulfill the background check requirements by completing a fingerprintbased criminal history records check conducted by the FBI.

(8) “Department” means the Tennessee Department of Education.

(9) “Educational Therapies” means:

(a) Individualized services designed to develop or improve academic performance through instructional and therapeutic techniques, and provided by licensed therapists who meet the requirements set by the Department and the State Board of Education as further defined in the Department’s IEA handbook or by therapist assistants who meet the requirements set by the Department and the State Board of Education as further defined in the Department’s IEA handbook and who provide the services under the direct supervision of a licensed therapist; or (b) Tactile manipulatives recommended by the licensed therapist for the Participating Student pursuant to guidelines set forth by the Department.

(10) “Eligible Postsecondary Institution” means a Tennessee public community college, college of applied technology, or university of the University of Tennessee system or a locally governed state university within the Tennessee Board of Regents systems, or an accredited private postsecondary institution accredited by one (1) of the following: any accreditation division of Cognia (the North Central Association Commission on Accreditation and School Improvement (NCA CASI), the Northwest Accreditation Commission (NWAC), and the Southern Association of Colleges and Schools Council on Accreditation and School Improvement (SACS CASI)), the Middle States Association of Colleges and Schools (MSA), the New England Association of Schools and Colleges (NEASC), the Western Association of Schools and Colleges (WASC), or the Council on Occupational Education (COE).

(11) “Eligible Student” means:

(a) A resident of this state in grades kindergarten through twelve (K-12) with an Active Individualized Education Program (IEP) in accordance with 34 C.F.R §§ 300 et seq., T.C.A. § 49-10-102, and regulations of the State Board of Education with one (1) of the qualifying disabilities as defined by the rules of the State Board of Education 0520-01- 09-.02 as the primary or secondary disability in effect at the time the Department receives the request for participation in the Program. For purposes of this Chapter, the Department receives the request for participation in the Program on the date the application window for the IEA program closes. Qualifying disabilities for eligible students are identified in T.C.A. § 49-10-1402; and (b) Meets at least one (1) of the following requirements:

Was previously enrolled in and attended a Tennessee public school for the one (1) full school year immediately preceding the school year in which the student receives an Individualized Education Account (IEA). For the purposes of these rules, one (1) full school year means that the student was counted in the enrollment figures for the LEA(s) for the entire school year as reported in the state’s student information system;
Has not previously attended a K-12 school in Tennessee, but is currently eligible to enroll in a kindergarten program in a public school in this state. Students meeting this eligibility requirement shall inform the LEA in which they reside of the student’s intent to participate in the program prior to July 1 of the year in which they are enrolled in the IEA Program;
Has not previously attended a school in Tennessee for the duration of one (1) full school year immediately preceding the school year in which the student receives an IEA, and moved to Tennessee less than one (1) year prior to the date of enrollment in the IEA Program; or 4. Received an IEA in the previous school year.

(12) “Fee-for-Service Transportation Provider” means a commercial transportation provider including a taxi or bus service. It does not include private transportation by a parent or Participating Student in accordance with the conflict of interest provision in these rules.

(13) “Financial Institution” or “Private Financial Management Firm” means an institution selected by the Department to administer the individualized education accounts.

(14) “IEA” means a Tennessee Individualized Education Account.

(15) “Inclusive Educational Setting” means that the Participating School provides a setting that meets the following two (2) criteria:

(a) Students with disabilities are educated with students who do not have disabilities; and (b) No more than fifty percent (50%) of the students in an individual classroom or setting are students with disabilities.

(16) “ISP” means an Individualized Service Plan and is a written statement that describes the special education and related services to be provided by an LEA to a student who is eligible under Individuals with Disabilities Education Act at 20 U.S.C. §§ 1400, et seq., but has been enrolled in a non-public school or independent home school by the student’s Parent.

(17) “Local Education Agency (LEA),” “School System,” “Public School System,” “Local School System,” “School District,” or “Local School District” means any county school system, city school system, special school district, unified school system, metropolitan school system or any other local public school system or school district created or authorized by the general assembly.

(18) “Non-public Online Learning Program or Course” means online programs or courses that meet the requirements set by the Department.

(19) “Parent” means the parent, legal guardian, person who has custody of the child, or person with caregiving authority for the child.

(20) “Participating School” means a non-public school that meets the requirements established in T.C.A. §§ 49-10-1401, et seq. and seeks to enroll eligible students.

(21) “Participating Student” means an eligible student whose parent is participating in the IEA Program or an eligible student who has attained the age of majority and is participating in the IEA Program.

(22) “Physician” means a person licensed under T.C.A. Title 63, Chapter 3, Chapter 4, Chapter 5,

Chapter 6, Chapter 7, Chapter 8, Chapter 9, Chapter 10, Chapter 11, Chapter 14, Chapter 16, Chapter 17, Chapter 19, Chapter 22, Chapter 23, Chapter 24, or Chapter 25.

(23) “Program” means the Individualized Education Account (IEA) Program created in T.C.A. §§ 49-10-1401, et seq.

(24) “Provider” means an individual or business that meets the requirements set by the State Board of Education and the Tennessee Department of Education.

(25) “Standard Application Form” means a document whereby an Applicant may seek to establish an Individualized Education Account (IEA).

(26) “Tutoring Services” means services provided by a tutor who meets the requirements set by the Department.

History

Authority: T.C.A. §§ 49-1-302 and 49-10-1401, et seq.
Administrative History: Emergency rules filed October 28, 2016; effective through April 26, 2017. Emergency rules superseded by new rules filed September 2, 2016; effective December 1, 2016. Emergency rules filed September 22, 2017; effective through March 21, 2018. Amendments filed December 21, 2017; effective March 21, 2018. Amendments filed October 25, 2018; effective January 23, 2019. Amendments filed January 22, 2020; to have become effective April 21, 2020. However, the State Board of Education filed a 34-day stay of the effective date of the rules; new effective date May 25, 2020. Amendments filed December 27, 2021; effective March 27, 2022. Amendments filed January 26, 2023; effective April 26, 2023. Amendments filed January 24, 2024; effective April 23, 2024. Amendments filed October 2, 2025, effective December 31, 2025.

Tenn. Comp. R. & Regs. 0520-01-11-.03 APPLICATION

(1) To apply to participate in the Program, an Applicant shall fully complete the Standard Application Form available through the Department’s website or through the Department’s office by the deadline set by the Department.

(a) The Department may assist an Applicant in filing the Standard Application Form.

(b) If the student is over eighteen (18) years of age at the time of application, the student’s parent or guardian may not apply to the Program on behalf of the student unless the student’s parent or guardian attaches proof of a power of attorney, created in accordance with T.C.A. §§ 34-6-101 et seq., or a conservatorship, created in accordance with §§ 34-3-101 et seq., demonstrating that the student’s educational and financial decision-making rights have been transferred to his or her parent or guardian.

(2) The Department shall make a determination of eligibility to participate in the Program and notify the Applicant.

(3) Once a completed Standard Application Form has been approved by the Department, the Applicant shall complete the enrollment procedures set by the Department to become enrolled in the Program, including execution of an Agreement to participate in the Program.

History

Authority: T.C.A. §§ 34-3-101, et seq.; 34-6-101, et seq.; 49-1-302; and 49-10-1405.
Administrative History: Emergency rules filed October 28, 2016; effective through April 26, 2017. Emergency rules superseded by new rules filed September 2, 2016; effective December 1, 2016. Emergency rules filed September 22, 2017; effective through March 21, 2018. Amendments filed December 21, 2017; effective March 21, 2018. Amendments filed October 25, 2018; effective January 23, 2019. Amendments filed January 22, 2020; to have become effective April 21, 2020. However, the State Board of Education filed a 34-day stay of the effective date of the rules; new effective date May 25, 2020. Amendments filed December 27, 2021; effective March 27, 2022.

Tenn. Comp. R. & Regs. 0520-01-11-.04 TERM OF THE IEA

(1) For purposes of continuity of educational attainment, a student who enrolls in the Program shall remain eligible until the Participating Student meets one (1) of the following, whichever occurs first:

(a) Enrolls full-time in a public school;

(b) Graduates from high school. The student may continue in the Program until such time as he or she receives a high school diploma, or receives a high school equivalency credential approved by the State Board of Education. Certificates of attendance do not constitute graduation from high school for the purpose of this Program; or (c) Reaches twenty-two (22) years of age. The student may complete the school year in which he or she reaches the age of twenty-two (22), provided a student shall not be enrolled in the Program past August 15 of the next school year after they have reached twenty-two (22) years of age.

(2) The Account Holder may remove the Participating Student from the non-public school and place the student in a public school. The Account Holder shall complete the procedures for withdrawal from the IEA Program set by the Department.

(3) The Account Holder may move the student from one (1) non-public school to another nonpublic school in accordance with procedures set by the Department.

(4) In order for students to continue in the Program, the Account Holder shall annually renew the IEA by following the procedures posted on the Department’s website.

(5) After graduating from high school or reaching twenty-two (22) years of age, unused funds in an IEA from prior years can be used in subsequent years, up to four (4) consecutive years after a student has exited the Program, provided the student attends or takes courses from an Eligible Postsecondary Institution and the expenditures are determined to be qualifying expenses.

(6) Account Holders are not required to spend the entire sum each year, however, a portion of the funds shall be used each year on approved expenses for the benefit of the student enrolled in the IEA Program and overall spending shall equal fifty (50) percent of the annual award by the deadline for submission of the last expense report of the contract year.

(a) If overall spending does not equal fifty (50) percent by the deadline for submission of the last expense report and if the IEA is renewed for the following year, the Department shall subtract the difference from the payments in the next contract year. If a student withdraws from the IEA Program or if the IEA is not renewed, the IEA shall be closed, and any remaining funds shall be returned to the state treasurer pursuant to T.C.A. § 49-10-1403.

(7) All benefits and obligations established by participation in the Program, including the right to continue participation in the IEA Program, vest in the Participating Student when the student attains eighteen (18) years of age, unless the student’s educational and financial decisionmaking rights have been transferred to his or her parent or guardian through a power of attorney, created in accordance with T.C.A. §§ 34-6-101 et seq., or a conservatorship, created in accordance with §§ 34-3-101 et seq.

History

Authority: T.C.A. §§ 34-3-101, et seq.; 34-6-101, et seq.; 49-1-302; and 49-10-1401, et seq.
Administrative History: Emergency rules filed October 28, 2016; effective through April 26, 2017. Emergency rules superseded by new rules filed September 2, 2016; effective December 1, 2016. Emergency rules filed September 22, 2017; effective through March 21, 2018. Amendments filed December 21, 2017; effective March 21, 2018. Amendments filed October 25, 2018; effective January 23, 2019. Amendments filed January 22, 2020; to have become effective April 21, 2020. However, the State Board of Education filed a 34-day stay of the effective date of the rules; new effective date May 25, 2020. Amendments filed December 27, 2021; effective March 27, 2022. Amendments filed January 26, 2023; effective April 26, 2023. Amendments filed January 24, 2024; effective April 23, 2024.

Tenn. Comp. R. & Regs. 0520-01-11-.05 AGREEMENT AND FUNDS TRANSFER

(1) Upon notification by the Department that an IEA may be established, the applicant shall sign an Agreement outlining the Account Holder’s contractual obligations upon enrolling in the Program, including the acceptable uses of IEA funds and expense reporting requirements. In the Agreement, the Account Holder shall:

(a) Agree to provide an education for the Participating Student in at least the subjects of English language arts, mathematics, social studies, and science;

(b) Agree to not enroll the Participating Student in a public school during the time the student is enrolled in the IEA Program;

(c) Agree to release the LEA in which the student resides and the school for which the student is zoned to attend from all obligations to educate the student during the time the student is enrolled in the IEA Program;

(d) Acknowledge that participation in the Program has the same effect as parental refusal to consent to the receipt of services under the Individuals with Disabilities Education Act at 20 U.S.C. § 1414. Participating Students will no longer be entitled to a free appropriate public education (FAPE) provided through an IEP but instead will be entitled to equitable services through an ISP. Account holders acknowledge that students with an ISP are only entitled to receive some special education and related services, not all of the services that are required for a student with an IEP to receive FAPE. Participating Students who previously held IEPs should engage with the LEA to develop an ISP through the consultation process, as defined in 34 C.F.R. §§ 300.134 and 300.137.

(2) The Agreement shall:

(a) Be submitted to the Department, along with all required information, by the date set by the Department before the first IEA payment is disbursed; and (b) Be signed by the Account Holder and a designee of the Department prior to becoming effective.

(3) After the Agreement is fully executed by the Account Holder and the Department, the Department shall remit the first payment to the IEA. IEA funds shall be remitted to the IEA thereafter until termination of the Agreement.

(4) The Department shall establish procedures to effectuate the funds transfer process and dates on which each IEA payment shall be disbursed.

History

Authority: T.C.A. §§ 49-1-302 and 49-10-1401, et seq.
Administrative History: Emergency rules filed October 28, 2016; effective through April 26, 2017. Emergency rules superseded by new rules filed September 2, 2016; effective December 1, 2016. Emergency rules filed September 22, 2017; effective through March 21, 2018. Amendments filed December 21, 2017; effective March 21, 2018. Amendments filed October 25, 2018; effective January 23, 2019. Amendments filed January 22, 2020; to have become effective April 21, 2020. However, the State Board of Education filed a 34-day stay of the effective date of the rules; new effective date May 25, 2020. Amendments filed December 27, 2021; effective March 27, 2022. Amendments filed January 24, 2024; effective April 23, 2024.

Tenn. Comp. R. & Regs. 0520-01-11-.06 ACCOUNT HOLDER OBLIGATIONS

(1) Account Holders shall agree to use the funds deposited in the IEA for any, or any combination of, the following expenses:

(a) Tuition or fees at a Participating School;

(b) Textbooks required by a Participating School;

(c) Tutoring Services provided by an individual tutor who meets the requirements set by the Department or a tutoring organization accredited by one (1) of the following: any accreditation division of Cognia (the North Central Association Commission on Accreditation and School Improvement (NCA CASI), the Northwest Accreditation Commission (NWAC), and the Southern Association of Colleges and Schools Council on Accreditation and School Improvement (SACS CASI)), the Middle States Association of Colleges and Schools (MSA), the New England Association of Schools and Colleges (NEASC), the Western Association of Schools and Colleges (WASC), or the Council on Occupational Education (COE);

(d) Payment for purchase of curriculum, defined as instructional educational materials for an academic course of study for a particular content area, including any supplemental materials required by the curriculum;

(e) Fees for transportation paid to a Fee-for-Service Transportation Provider.

Transportation fees can only be used for transportation to schools and educational providers (including tutors and therapists);

(f) Tuition or fees for a Non-public Online Learning Program or Course that meets the requirements set by the Department;

(g) Fees for nationally standardized norm-referenced achievement tests, Advanced Placement examinations, or any examinations related to college or university admission;

(h) Contributions to a Coverdell education savings account established under 26 U.S.C. § 530 for the benefit of the Participating Student;

(i) Educational Therapies or services, including copays or coinsurance, for Participating Students;

(j) Services provided under a contract with a public school, including individual classes and extracurricular programs;

(k) Tuition or fees at an Eligible Postsecondary Institution;

(l) Textbooks required for courses at an Eligible Postsecondary Institution;

(m) Fees for the management of the IEA by private financial management firms;

(n) Computer Hardware and Other Technological Devices approved by the Department or a licensed treating physician, if the computer hardware is used for the student’s educational needs and is a required device for communication or physical access to instruction due to the adverse impact of the disability for which the student qualifies to receive an IEA or allows a student to access instruction or instructional content; or (o) Contributions to an Achieving a Better Life Experience (ABLE) account in accordance with the ABLE Act, compiled in T.C.A. Title 71, Chapter 4, Part 8, for the benefit of a Participating Student; provided, that the funds are used only for the student’s education expenses subject to the rules established by the ABLE Program and that the student meets the qualifications to participate in the ABLE Program pursuant to the ABLE Act, and § 529A of the Internal Revenue Code of 1986 (26 U.S.C. § 529A), as amended, and all rules, regulations, notices, and interpretations released by the United States Department of Treasury, including the Internal Revenue Service (IRS).

(2) Account Holders shall obtain pre-approval for Educational Therapies, Computer Hardware and Other Technological Devices, Tutoring Services, and any other expenses identified by the Department. If pre-approval is not obtained, the expense shall be deemed an unapproved expenditure. An Account Holder may request pre-approval by completing and submitting the Department’s pre-approval form. For computer hardware and technological devices, a licensed treating physician may also submit the pre-approval form.

(3) After the initial payment to the IEA, the Account Holder shall submit expense reports and receipts for all IEA funds expended in accordance with the procedures set by the Department before the next IEA payment is disbursed.

(4) In accordance with the procedures of the Department, the Department may immediately and permanently remove any Participating Student from eligibility for an IEA if the Account Holder fails to comply with the terms of the IEA Agreement or applicable laws, rules or procedures, or misspends funds. The Account Holder may appeal the Department’s decision pursuant to the appeal procedures outlined in this Chapter.

(5) If the Department determines that IEA funds have been misspent, the Department shall notify the Account Holder, and the Account Holder shall repay the misspent amount in the manner and within the timeframe set by the Department. The Department is authorized to freeze, suspend, and/or withdraw funding directly from the student’s IEA for reasons including, but not limited to, fraud, misuse of funds, Account Holder failure to comply with the terms of the state laws, rules, procedures, or the Agreement, if the student returns to the LEA, or if funds were deposited into the account in error. The Account Holder may appeal the Department’s decision pursuant to the appeal procedures outlined in this Chapter.

History

Authority: T.C.A. §§ 49-1-302 and 49-10-1401, et seq.
Administrative History: Emergency rules filed October 28, 2016; effective through April 26, 2017. Emergency rules superseded by new rules filed September 2, 2016; effective December 1, 2016. Emergency rules filed September 22, 2017; effective through March 21, 2018. Amendments filed December 21, 2017; effective March 21, 2018. Amendments filed January 22, 2020; to have become effective April 21, 2020. However, the State Board of Education filed a 34-day stay of the effective date of the rules; new effective date May 25, 2020. Amendments filed December 27, 2021; effective March 27, 2022. Amendments filed January 26, 2023; effective April 26, 2023.

Tenn. Comp. R. & Regs. 0520-01-11-.07 MONITORING AND COMPLIANCE

(1) The Department shall conduct fiscal and program compliance reviews of all IEAs pursuant to procedures developed by the Department for this purpose.

(2) The Department shall conduct an annual review of all IEAs.

(3) The Department shall establish or contract for the establishment of an online anonymous fraud reporting service and an anonymous telephone hotline for reporting fraud. Individuals may notify the Department of any alleged violation by an Account Holder or Participating School(s) of state laws, rules, or procedures relating to the Program. The Department shall conduct an inquiry of any report of fraud, or make a referral to the appropriate agency for an investigation.

History

Authority: T.C.A. §§ 49-1-302 and 49-10-1401, et seq.
Administrative History: Emergency rules filed October 28, 2016; effective through April 26, 2017. Emergency rules superseded by new rules filed September 2, 2016; effective December 1, 2016. Emergency rules filed September 22, 2017; effective through March 21, 2018. Amendments filed December 21, 2017; effective March 21, 2018. Amendments filed October 25, 2018; effective January 23, 2019. Emergency rules filed April 16, 2020; effective through October 13, 2020. Amendments filed January 22, 2020; to have become effective April 21, 2020. However, the State Board of Education filed a 34-day stay of the effective date of the rules; new effective date May 25, 2020. Amendments filed December 27, 2021; effective March 27, 2022.

Tenn. Comp. R. & Regs. 0520-01-11-.08 PARTICIPATING SCHOOLS

(1) Non-public schools interested in becoming a Participating School shall submit an application to the Department by the deadline set by the Department.

(a) The non-public school’s application shall:

State the maximum number of students receiving IEAs the school has the capacity to enroll;
Demonstrate financial viability to repay any funds that may be owed to the state by providing the Department with financial information verifying the school has the ability to pay an amount of the IEA funds expected to be paid during the school year. The school may comply with this requirement by filing a surety bond payable to the state from a surety, and in an amount determined by the Department; and 3. State whether the school provides an Inclusive Educational Setting; however, schools are not required to have an Inclusive Educational Setting to participate in the IEA Program.

(b) The Department shall determine the application process for non-public schools to participate in the Program. The Department shall create a standard application which shall include, at a minimum, the eligibility requirements set forth in the Act and these rules, and may also include additional eligibility requirements set by the Department.

(c) The Department shall review the application and notify the school as to whether the school meets the requirements to enroll students receiving IEAs.

(d) If the Department determines that a school is eligible to enroll students receiving IEAs, the Department shall list the school on the Department’s website.

(2) Participating Schools shall:

(a) Be academically accountable to the Account Holder for meeting the educational needs of the student by:

At a minimum, annually providing to the Account Holder a written explanation of the student’s progress; and 2. Cooperating with an Account Holder who chooses for the student to participate in the statewide assessments.

(b) Comply with all health and safety laws or codes that apply to non-public schools and the profession of the provider;

(c) Certify that they shall not discriminate against Participating Students or applicants on the basis of race, color, or national origin;

(d) Conduct Criminal Background Checks on employees;

(e) Exclude from employment any person not permitted by state law to work or act as a provider in a non-public school;

(f) Exclude from employment any person who might reasonably pose a threat to the safety of students; and (g) Provide Account Holders with a receipt for all qualifying expenses.

(3) Participating Schools shall annually submit to the Department:

(a) All required documentation and requested information, including the school calendar, the non-public school’s student fee schedules, and the maximum number of students receiving IEAs the school has the capacity to enroll;

(b) Graduation and completion information of Participating Students;

(c) Notice of whether they intend to continue participating in the Program; and (d) Proof of financial viability to repay any funds that may be owed to the State by providing the Department with financial information verifying the school has the ability to pay an amount of the IEA funds expected to be paid during the school year. The school may comply with this requirement by filing a surety bond payable to the State from a surety, and in an amount determined by the Department.

(4) The Department may require Participating Schools to submit to the Department a financial audit of the school conducted by a certified public accountant. Such audit shall include a statement that the report is free of material misstatements and fairly represents the Participating School’s maximum total tuition and fees. Any funds determined by the Department to be expended in a manner inconsistent with the Act or this Chapter shall be returned to the state.

(5) The Department may suspend or terminate a Participating School from participating in the Program if the Department determines the school has failed to comply with the requirements of the Act, these rules, and/or the procedures set by the Department.

(a) If the Department suspends or terminates a school’s participation, the Department shall notify the Account Holder and Participating School of the decision. If a Participating School is suspended or if a Participating School withdraws from the Program, affected Participating Students remain eligible to participate in the Program.

(6) A Participating School may appeal the Department’s decision pursuant to the appeals procedures outlined in this Chapter. If a student withdraws from a Participating School and transfers to another non-public school or returns to the LEA, the Participating School shall refund the tuition and fees on a prorated basis based on the number of days the student was enrolled in the school. If the student transfers to another non-public school, the funds shall be returned to the student’s IEA. If the student returns to the LEA, the funds from the IEA shall be returned to the state treasurer pursuant to T.C.A. § 49-10-1403.

(7) Third parties are prohibited from sending IEAs to collections in order to settle unpaid debts.

All contracts entered into are the responsibility of the private parties involved.

History

Authority: T.C.A. §§ 49-1-302 and 49-10-1405.
Administrative History: Emergency rules filed October 28, 2016; effective through April 26, 2017. Emergency rules superseded by new rules filed September 2, 2016; effective December 1, 2016. Emergency rules filed September 22, 2017; effective through March 21, 2018. Amendments filed December 21, 2017; effective March 21, 2018. Amendments filed October 25, 2018; effective January 23, 2019. Amendments filed January 22, 2020; to have become effective April 21, 2020. However, the State Board of Education filed a 34-day stay of the effective date of the rules; new effective date May 25, 2020. Amendments filed December 27, 2021; effective March 27, 2022. Amendments filed January 26, 2023; effective April 26, 2023.

Tenn. Comp. R. & Regs. 0520-01-11-.09 RETURN TO LOCAL EDUCATION AGENCY

(1) A Participating Student may return to the LEA upon termination of the student’s participation in the Program.

(2) If the Participating Student transfers from a non-public school and enrolls in the LEA, the Account Holder shall notify the Department and the LEA in which the student resides, by following the procedures and timeline set by the Department.

(3) Upon termination of a student’s participation in the Program, the Department shall close the Participating Student’s IEA.

(4) Upon a student’s withdrawal from the non-public school, Participating Schools shall send all educational records of the Participating Student to the LEA or other non-public school identified by the Parent.

(5) The LEA shall enroll the student and provide instruction in the general education curriculum.

(6) Upon enrollment in the LEA, students previously eligible for an IEP as set forth in State Board

Chapter 0520-01-09 remain eligible for special education and related services unless the LEA conducts a reevaluation and determines that the student is no longer eligible for special education and related services.

History

Authority: T.C.A. §§ 49-1-302 and 49-10-1403.
Administrative History: Emergency rules filed October 28, 2016; effective through April 26, 2017. Emergency rules superseded by new rules filed September 2, 2016; effective December 1, 2016. Emergency rules filed September 22, 2017; effective through March 21, 2018. Amendments filed December 21, 2017; effective March 21, 2018. Amendments filed October 25, 2018; effective January 23, 2019. Amendments filed January 22, 2020; to have become effective April 21, 2020. However, the State Board of Education filed a 34-day stay of the effective date of the rules; new effective date May 25, 2020. Amendments filed December 27, 2021; effective March 27, 2022. Amendments filed January 24, 2024; effective April 23, 2024.

Tenn. Comp. R. & Regs. 0520-01-11-.10 APPEALS

(1) The following determinations are appealable:

(a) An Applicant may appeal the Department’s determination that the student is not eligible for the IEA Program.

(b) An Account Holder may appeal the Department’s determination that the Account Holder has misspent IEA funds or the removal of the Participating Student from the IEA Program.

(c) An applicant school may appeal the Department’s determination that the school is not qualified to be a Participating School.

(d) A Participating School may appeal its suspension or termination from the IEA Program.

(2) All appeals shall be submitted on the appeal forms provided on the Department’s website. If an appeal is not submitted on the appropriate appeal form, the appeal shall be denied.

(3) Appeals shall follow the following two-step process:

(a) Step one appeals shall be reviewed by the Department. Step one appeals must be submitted to the Department within fourteen (14) calendar days of the Department electronically sending the determination that is being appealed. The day that the Department sends the determination shall not count as part of the fourteen (14) calendar days. The Commissioner or Commissioner’s Designee shall make a determination and issue an electronic notification to the appealing party within forty-five (45) calendar days of receiving the step one appeal.

(b) If the Department denies the step one appeal, the appealing party may file a step two appeal. Step two appeals shall be reviewed by an administrative law judge in accordance with the procedures set forth in the Uniform Administrative Procedures Act, T.C.A. §§ 4-5-301 et seq. Step two appeals must be submitted to the Department within thirty (30) calendar days of the Department electronically sending the step one determination. The day that the Department sends the step one determination shall not count as part of the thirty (30) calendar days.

(4) If the deadline to submit an appeal falls on a weekend or state holiday, the appeal shall be considered timely submitted if it is received by the next business day after the weekend or state holiday.

(5) If an appeal is not timely submitted, the appeal shall be deemed denied.

History

Authority: T.C.A. §§ 49-1-302 and 49-10-1401, et seq.
Administrative History: Emergency rules filed October 28, 2016; effective through April 26, 2017. Emergency rules superseded by new rules filed September 2, 2016; effective December 1, 2016. Emergency rules filed September 22, 2017; effective through March 21, 2018. Amendments filed December 21, 2017; effective March 21, 2018. Amendments filed January 22, 2020; to have become effective April 21, 2020. However, the State Board of Education filed a 34-day stay of the effective date of the rules; new effective date May 25, 2020. Amendments filed December 27, 2021; effective March 27, 2022.

Tenn. Comp. R. & Regs. 0520-01-11-.11 CONFLICT OF INTEREST

(1) Use of IEA funds shall be for the sole benefit of the Participating Student for which the IEA is established. Any services, resources, and/or equipment purchased using IEA funds shall only be used by the Participating Student whose IEA paid for said services, resources, and/or equipment.

(a) It is a conflict of interest and is considered a misuse of IEA funds against IEA Program rules and procedures for a family member of a Participating Student, including but not limited to a step parent, or a member of an Participating Student’s household to derive any financial benefit from the IEA Program.

(b) It is also a conflict of interest and against IEA Program rules and procedures for a family member of a Participating Student, including but not limited to a step parent, or a member of a Participating Student’s household to provide a professional recommendation or approval for a service or the use of Computer Hardware or Other Technological Device for the Participating Student.

History

Authority: T.C.A. §§ 49-1-302 and 49-10-1401, et seq.
Administrative History: Emergency rules filed October 28, 2016; effective through April 26, 2017. Emergency rules superseded by new rules filed September 2, 2016; effective December 1, 2016. Emergency rules filed September 22, 2017; effective through March 21, 2018. Amendments filed December 21, 2017; effective March 21, 2018. Amendments filed January 22, 2020; to have become effective April 21, 2020. However, the State Board of Education filed a 34-day stay of the effective date of the rules; new effective date May 25, 2020. Amendments filed December 27, 2021; effective March 27, 2022.

Tenn. Comp. R. & Regs. 0520-01-11-.13 RESERVED

History

Authority: T.C.A. §§ 49-1-302 and 49-10-1401, et seq.; Executive Order No. 14 of 2020 (and applicable, subsequent Executive Orders addressing COVID-19 relief); and Chapter 652 of the Public Acts of 2020.
Administrative History: Emergency rule filed June 10, 2020; effective through December 7, 2020. Emergency rule expired effective December 8, 2020, and the rule reverted to its previous status.

Chapter 0520-01-12 Education of Justice-Involved Students

Tenn. Comp. R. & Regs. 0520-01-12-.01 SCOPE OF RULES

(1) Each Local Education Agency (LEA) shall be responsible for providing educational services to all students detained for longer than seventy-two (72) hours in a Center located in the LEA’s jurisdiction, as set forth below in Rule 0520-01-12-.03.

(2) A Center shall be considered within an LEA’s jurisdiction when the Center is within the geographic boundaries of the LEA, and the LEA can serve the educational needs for the grade level of the student located at the Center. In the event the Center is located within the geographic boundaries of an LEA that cannot serve the educational needs for the grade level of the students incarcerated, the Center shall be within the jurisdiction of the LEA serving the county in which the Center is located, unless an agreement between LEAs states otherwise.

In the event of any dispute between LEAs, the Department of Education shall determine which LEA is responsible for providing educational services.

(3) Educational services may be provided directly by the LEA, through contract, or through other methods deemed appropriate by the LEA and approved by the Department.

History

Authority: T.C.A. § 49-6-3023.
Administrative History: Original rule filed January 10, 2018; effective April 10, 2018. Amendments filed November 30, 2023; effective February 28, 2024.

Tenn. Comp. R. & Regs. 0520-01-12-.02 DEFINITIONS

(1) “Center” means a Detention Center as defined in T.C.A § 37-5-501 and licensed by the Department of Children’s Services under T.C.A. § 37-5-502.

(2) “Commissioner” means the Commissioner of the Tennessee Department of Education.

(3) “Comparable Services” means special education and related services that are equivalent or similar to those included on the student’s last effective individualized education program (IEP) prior to incarceration.

(4) “Department” means the Tennessee Department of Education.

(5) “ESP” means an Educational Service Plan, which shall be developed jointly by the Home LEA and the Receiving LEA.

(6) “Home LEA” means the Local Education Agency in which the incarcerated student was enrolled at the time of the student’s placement into the Center.

(7) “Instructional Day” means a day when the Receiving LEA is in session and providing classroom instruction based on the Receiving LEA’s instructional calendar.

(8) “LEA” means a Tennessee local education agency and has the same meaning given in T.C.A. § 49-1-103(2).

(9) “Receiving LEA” means the LEA responsible for providing educational services to students held in a Center outside of their Home LEA, as set forth in Rule 0520-01-12-.01(2).

(10) “State Board” means the Tennessee State Board of Education.

History

Authority: T.C.A. § 49-6-3023.
Administrative History: Original rule filed January 10, 2018; effective April 10, 2018. Amendments filed November 30, 2023; effective February 28, 2024.

Tenn. Comp. R. & Regs. 0520-01-12-.03 NOTIFICATIONS AND TRANSFER OF RECORDS

(1) Once a student has been held in a Center outside of the geographic boundaries of the student’s Home LEA for seventy-two (72) consecutive hours, the Center shall send written notification to the Receiving LEA. The written notification shall include the name of the student incarcerated, the location of the Center, and the first date the student was incarcerated at the Center. The Receiving LEA shall notify the Department of the student’s incarceration in accordance with Department guidance.

(2) The Receiving LEA shall request the student’s education records from the Home LEA within five (5) business days of receiving the written notification from the Center. The Home LEA shall provide the student’s education records to the Receiving LEA within five (5) business days after receipt of the request from the Receiving LEA, but shall provide, at a minimum, the student’s transcript and any education records indicating a need for specialized support or instruction within two (2) business days of receiving the request from the Receiving LEA.

Education records indicating a need for specialized support or instruction include, but are not limited to the following:

(a) A Section 504 plan;

(b) An Individualized Education Program (IEP) as defined in State Board Rules Chapter 0520-01-09, including any supporting documents or plans necessary for the student to receive a free appropriate public education (FAPE), such as a behavior intervention plan (BIP) or a safety plan;

(c) An Individualized Learning Plan (ILP) as defined in State Board Rules Chapter 0520- 01-19; or (d) An Individualized Learning Plan – Dyslexia (ILP-D) as defined in State Board Rules

Chapter 0520-01-22.

(3) Students Receiving General Education Services.

(a) When a student receiving general education services is held in a Center outside of the geographic boundaries of the student’s Home LEA, the student shall remain enrolled in the Home LEA for the purpose of generating funding through the state’s K-12 funding formula pursuant to guidelines developed by the Department.

(b) No later than the student’s eighth (8th) Instructional Day in the Center, the Receiving LEA shall work with the Home LEA to develop an ESP for the student.

(c) No later than the student’s tenth (10th) Instructional Day in the Center, the Receiving LEA shall ensure that the student begins receiving educational services in accordance with the ESP.

(d) When a student receiving general education services exits the Center, the Receiving LEA shall notify the Department within five (5) business days and shall provide the number of Instructional Days the student was held in accordance with Department guidance.

(e) The Department shall transfer an amount equal to the per pupil state and local funds generated through the state funding formula from the Home LEA to the Receiving LEA for the length of instructional days a student receiving general education services was held in a Center outside of the geographic boundaries of the student’s Home LEA, in accordance with Rule 0520-01-12-.05 of this Chapter.

(f) When a student exits the Center, the Receiving LEA shall forward all education records to the student’s Home LEA within ten (10) business days if the student returns to the Home LEA or to the student’s LEA of next placement if the student enrolls in a new LEA.

(4) Students Receiving Special Education Services.

(a) When a student receiving special education services through an IEP is held in a Center outside of the geographic boundaries of the student’s Home LEA, the student shall be unenrolled from the Home LEA and fully enrolled in the Receiving LEA no later than the tenth (10th) Instructional Day in the Center. The Receiving LEA shall receive the per pupil state and local funds for the student under the state’s K-12 education funding formula.

(b) The Receiving LEA shall provide Comparable Services to the student until the Receiving LEA adopts the IEP developed by the Home LEA or develops, adopts, and implements a new IEP. Comparable Services shall be determined based on the individualized needs of the student, not the resources available at the Center.

(c) When a student exits the Center, the Receiving LEA shall forward all education records to the student’s Home LEA within ten (10) business days if the student returns to the Home LEA or to the student’s LEA of next placement if the student enrolls in a new LEA.

(d) The Receiving LEA shall ensure that the Center complies with the requirements of the Individuals with Disabilities Education Act and state special education law.

(5) If a student held in a Center is enrolled in a public charter school, the authorizing LEA of the public charter school shall be the Home LEA. The public charter school shall work with the Home LEA to ensure all requirements regarding the transfer of records and funding are met as set forth in paragraphs (3) and (4) of this Rule.

History

Authority: T.C.A. § 49-6-3023.
Administrative History: Original rule filed January 10, 2018; effective April 10, 2018. Amendments filed April 24, 2023; effective July 23, 2023. Amendments filed November 30, 2023; effective February 28, 2024.

Tenn. Comp. R. & Regs. 0520-01-12-.04 BASIC EDUCATIONAL SERVICES, TESTING REQUIREMENTS

(1) The minimum length of the school day for students held in a Center shall be four (4) hours.

(2) Instruction shall be provided by a teacher holding a valid Tennessee teacher license as provided in T.C.A. Title 49, Chapter 5.

(3) For students held in a Center outside their Home LEA, the Receiving LEA shall consult with the Home LEA on how the Receiving LEA may best provide basic educational services in, at a minimum, English Language Arts and Mathematics for the student. The Receiving LEA shall set forth the general education services available to each student in an ESP.

(4) Pursuant to the federal Every Student Succeeds Act, each Receiving LEA shall ensure that Centers comply with the following testing requirements:

(a) Each student shall complete a nationally norm-referenced pre-test approved by the Department, no later than the student’s fifth (5th) Instructional Day at the Center.

(b) Each student shall complete a benchmark assessment at least every four (4) weeks the student remains incarcerated in the Center.

(5) The Receiving LEA shall be responsible for ensuring that students receive all services, supports, and accommodations required by federal and state law, including, but not limited to, services, supports, and accommodations required under Section 504 of the Rehabilitation Act of 1973 and Title VI of the Civil Rights Act of 1964.

History

Authority: T.C.A. § 49-6-3023.
Administrative History: Original rule filed January 10, 2018; effective April 10, 2018. Amendments filed December 12, 2018; effective March 12, 2019. Amendments filed November 30, 2023; effective February 28, 2024.

Tenn. Comp. R. & Regs. 0520-01-12-.05 CALCULATION OF FUNDS

(1) For general education students, the Department shall calculate the daily rate of funds to be transferred from the Home LEA to the Receiving LEA to be used for the student’s education.

The funds shall be allocated on a prorated daily basis for the length of the student’s incarceration. The funds shall be calculated as follows:

(a) Per pupil state and local funds generated through the state’s K-12 education funding formula and additional local funds received by the LEA in the prior fiscal year divided by the average daily membership (ADM) from the prior fiscal year to equal the per pupil state and local funding;

(b) The per pupil state and local funding is then divided by the one hundred eighty (180) days to equal the total daily rate.

(2) For students receiving special education services, the Receiving LEA shall receive per pupil state and local funds generated through the state’s K-12 education funding formula.

History

Authority: T.C.A. § 49-6-3023.
Administrative History: Original rule filed January 10, 2018; effective April 10, 2018. Amendments filed April 24, 2023; effective July 23, 2023. Amendments filed November 30, 2023; effective February 28, 2024.

Tenn. Comp. R. & Regs. 0520-01-12-.06 POINTS OF CONTACT

(1) The Department, the Tennessee Department of Children’s Services, the Receiving LEA, and the Home LEA shall each establish a primary point of contact to resolve issues arising under these Rules. The Receiving LEA’s and Home LEA’s primary point of contact shall be the person currently filling the Attendance Officer position unless the LEA designates another position. Any designation shall be done in writing and sent to the Department for approval.

(2) The Department shall maintain a list of all the primary points of contact designated in paragraph (1) of this Rule.

History

Authority: T.C.A. § 49-6-3023.
Administrative History: Original rule filed January 10, 2018; effective April 10, 2018. Amendments filed November 30, 2023; effective February 28, 2024.

Tenn. Comp. R. & Regs. 0520-01-12-.07 SECURITY

(1) The Center shall be responsible for providing a secure setting for the education of students.

This space shall be adequate in size and conducive to instruction for the number of students required to be educated at the Center.

(2) The Center shall supply appropriate staff to ensure the safety of students and Receiving LEA staff in the Center. The Center shall also ensure students are able to access educational services provided by the Receiving LEA.

(3) Any security decision with respect to student or staff safety shall be within the purview of the Center’s director or their designee. A Center’s lack of staff or other necessary resources shall not absolve the Receiving LEA of its responsibility to provide appropriate educational services to incarcerated students.

(4) If the Department receives notice that the Center is not providing a secure setting or access to educational services as set forth in paragraphs (1) through (3) of this Rule, the Department shall provide notice to the Commissioner of the Department of Children’s Services.

History

Authority: T.C.A. § 49-6-3023.
Administrative History: Original rule filed January 10, 2018; effective April 10, 2018. Amendments filed November 30, 2023; effective February 28, 2024.

Tenn. Comp. R. & Regs. 0520-01-12-.08 MONITORING AND MEDIATION

(1) The Department shall annually monitor each Center to ensure the Receiving LEA’s compliance with this Chapter.

(2) The Department shall monitor the Receiving LEA, Home LEA, and the Center in order to ensure that there are appropriate educational services being offered at the Center.

(3) If a dispute arises under this Chapter, the dispute shall be mediated by the Commissioner or Commissioner’s designee. The Commissioner’s or Commissioner’s designee’s decision with regard to any mediation shall be considered a final and binding decision.

History

Authority: T.C.A. § 49-6-3023.
Administrative History: Original rule filed January 10, 2018; effective April 10, 2018. Amendments filed November 30, 2023; effective February 28, 2024.

Chapter 0520-01-13 School and Student Health Services

Tenn. Comp. R. & Regs. 0520-01-13-.01 SCHOOL HEALTH POLICIES

(1) Each local board of education shall develop and adopt standards and policies for school health services. The school health services program shall include, at a minimum, the following:

(a) A policy providing for a physical examination of every child entering school for the first time and every student participating in interscholastic athletics, performed by a doctor of medicine, osteopathic physician, physician assistant, certified nurse practitioner, or a properly trained public health nurse.

(b) Procedures for verifying proof of immunization for all students, except those who are exempt by statute as provided in T.C.A. § 49-6-5001.

(c) A policy for excluding students with communicable diseases and for readmitting them following recovery in accordance with the Department of Health’s Communicable and Environmental Diseases Rule 1200-14-01.

(d) A Drug Free Schools Policy that addresses drug and alcohol related medical emergencies, guidelines for reporting drug and alcohol related incidents and referral of students.

Local boards of education may implement a drug testing program, however before a drug testing program is implemented the local board of education shall establish policies procedures and guidelines on drug testing. Local boards of education may adopt the State Board’s Model Drug Testing Policy 4.201.

(e) Procedures for reporting suspected cases of child abuse and neglect as required by T.C.A. § 37-1-403.

(2) Each LEA shall adopt a coordinated school health policy in accordance with the State Board’s Coordinated School Health Program Policy 4.204.

History

Authority: T.C.A. §§ 49-1-302 and 49-6-5001.
Administrative History: Original rules filed May 3, 2018; effective August 1, 2018. Repeal and new rule filed January 7, 2021; effective April 7, 2021. Emergency rule filed July 9, 2021; effective through January 5, 2022. Emergency rule expired effective January 6, 2022, and the rule reverted to its previous status. Amendments filed November 22, 2021; effective February 20, 2022. Amendments filed May 17, 2023; effective August 15, 2023.

Tenn. Comp. R. & Regs. 0520-01-13-.02 HIV, HIV-RELATED ILLNESS, AND AIDS

(1) Each local board of education shall adopt a HIV, HIV-Related Illness, and AIDS policy to ensure all children with HIV, HIV-related illness, and AIDS infection who enroll in the public schools of Tennessee are able to attend and participate in the educational programs of the student’s LEA. Each local policy shall be in compliance with the State Board of Education’s HIV and AIDS Policy 5.300.

(2) Each LEA may develop a comprehensive local HIV, HIV-Related Illness, and AIDS plan that addresses appropriate education programs, confidentiality, liability, safety, curriculum, education, communicati ons, and public relations. The plan shall, at a minimum:

(a) Be developed in coordination with local public health officials;

(b) Provide education and training resources for school personnel, parents, and local school board members;

(c) Include a policy for personnel with HIV, HIV-related illness, and AIDS infection; and (d) Be aligned to the Department of Health’s policy universal precautions for handling blood and other bodily fluids.

(3) Information including names, records, reports, or correspondence, or any other identifying information on HIV, HIV-related illness, and AIDS infection status for any individual child or school employee shall be confidential.

(a) Unauthorized disclosure by employees is cause for disciplinary action, up to and including dismissal, and could lead to individual liability in addition to criminal or civil penalties against LEAs and their personnel.

(b) No information regarding a student’s or employee’s HIV or AIDS status shall ever be disclosed to any individual or organization without a court order or the informed, written, signed, and dated consent of the person with HIV infection or AIDS (or the parent or guardian of a legal minor). The written consent must specify the recipient of the information and the purpose of the disclosure. Any disclosure shall be made in accordance with the Health Insurance Portability and Accountability Act (HIPAA), the Family Educational Rights and Privacy Act (FERPA) and all other applicable state and federal laws.

History

Authority: T.C.A. § 49-1-302.
Administrative History: Original rules filed May 3, 2018; effective August 1, 2018. Repeal and new rule filed January 7, 2021; effective April 7, 2021.

Tenn. Comp. R. & Regs. 0520-01-13-.03 HEALTH CARE PROCEDURES IN A SCHOOL SETTI NG

(1) Pursuant to T.C.A. § 49-50-1602, any health care procedure a student is not capable or competent to perform must be performed by a licensed health care professional in accordance with applicable guidelines of their respective regulatory boards. A physician’s orders and parental authorization are required for any health care procedures performed by a licensed health care professional in the school setting. The written parental authorization shall be kept in the student's school records.

(2) All health care procedures, including the administration of medication, shall be conducted in accordance with the Guidelines for Use of Health Care Professionals and Health Care Procedures in a School Setting produced by the Department of Education and the Department of Health.

(3) Any child with acute or chronic health issues should have a health assessment completed by a registered nurse.

(a) As warranted by the child’s condition or diagnosis, an Individual Health Plan (IHP) will be completed by the registered nurse.

(b) The IHP shall include:

Emergency care procedures;
A nursing assessment;
Physician’s orders; and 4. Parental authorization.

(4) School nursing staff and any other school personnel, including transportation personnel, who perform or assist with health care procedures which may involve blood borne pathogens must receive annual training on blood borne pathogens, be offered the Hepatitis B vaccine, have appropriate cleaning supplies, and be supplied with gloves.

(5) Administration of Medication.

(a) Each LEA shall adopt procedures for the safe, effective, and efficient administration of medications at school consistent with the requirements of this rule.

(b) Medications administered at school should be limited to those required during school hours which are necessary to maintain the student’s health and those needed in the event of an emergency.

(c) For all prescription and non-prescription drugs, a written request shall be obtained from the parent or guardian requesting that medication be given during school hours. The request must include the parent’s or guardian’s name and phone number in case of emergency. It is the parent’s or guardian’s responsibility to ensure that the written request and medication are brought to the school. Local school board policies related to “Zero Tolerance” may require all medications, prescription and non-prescription, be brought to school and delivered to appropriate or designated school personnel by a responsible adult.

(d) In the event a dosage is not administered as ordered or any other medication error occurs, a Medication Error Form must be filled out and submitted to the appropriate administrative person in the local school district or routed per the protocol of a contracted agency. The school nurse and parent or legal guardian must be notified in the event of a medication error. Each school shall establish a procedure for providing communication with the parent or guardian regarding any problems with administration of the medication.

(6) Self-Administration of Medication.

(a) If a student has been taught to perform his or her own health care procedure, including administration of medication, and does not need assistance, space must be made available for the student to perform this task. If a student is performing an invasive procedure, that student should have at minimum a bi-annual nursing assessment of competency and proficiency as well as an IHP. Every attempt should be made on an individual basis to allow a child who is independent to continue self-management.

In accordance with T.C.A. § 49-50-1601, a student diagnosed with pancreatic insufficiency or cystic fibrosis may be permitted to self-manage prescribed pancreatic enzyme therapy in the manner directed by the licensed healthcare provider without additional assistance or direction. 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.
Each LEA shall permit possession and self-administration of a prescribed, metered dosage asthma-reliever inhaler by any student with asthma if the student's parent or guardian:

(i) Provides to the school written authorization for student possession and self-administration of the inhaler; and (ii) Provides a written statement from the prescribing health care practitioner that the student suffers from asthma and has been instructed in selfadministration of the prescribed, metered dosage asthma-reliever inhaler and provides the name and purpose of the medication, the prescribed dosage, the time or times the prescribed inhaler is to be regularly administered, as well as any additional special circumstances under which the inhaler is to be administered, and the length of time for which the inhaler is prescribed. The statements shall be kept on file in the office of the school nurse or school administrator.

(iii) The permission for self-administration of the prescribed, metered dosage asthma-reliever inhaler shall be effective for the school year in which it is granted and must be renewed each following school year. The LEA may suspend or revoke the student's possession and self-administration privileges if the student misuses the inhaler or makes the inhaler available for usage by any other person.

(iv) A student granted permission to possess and use a metered dosage asthma-reliever inhaler may possess and use the prescribed, metered dose asthma-reliever inhaler when at school, at a school-sponsored activity, or before or after normal school activities while on school properties, including school-sponsored child care or after-school programs.

A student with anaphylaxis is entitled to possess and self-administer prescription anaphylaxis medication while on school property or at a school-related event or activity in compliance with the requirements of T.C.A. § 49-50-1602.
Upon written request of the parent or guardian, and if included in the student's medical management plan and in the IHP, a student with diabetes shall be permitted to perform blood glucose checks, administer insulin, treat hypoglycemia and hyperglycemia, and otherwise attend to the care and management of the student's diabetes in any area of the school or school grounds and at any school-related activity, and shall be permitted to possess on the student's person at all times all necessary diabetes monitoring and treatment supplies, including sharps.

(7) Assistance with Self-Administration of Medication.

(a) A local board of education may permit an employee or a person under contract with the board to assist in self-administration of medications, under the following conditions:

The student is competent to self-administer nonprescription or prescription medication with assistance;
The student's condition, for which the medication is authorized or prescribed, is stable;
The self-administration of each dose of the medication is properly documented and the documentation easily retrievable. Documentation shall include date, time, dosage, route, and the signature of the person assisting the student in selfadministration;
School personnel assisting in self-administration of medications are properly trained by a registered nurse.
The Guidelines for Use of Health Care Professionals and Health Care Procedures in a School Setting produced by the Department of Educati on and the Department of Health are followed; and 6. The student's parent or guardian has provided permission in writing for school personnel to assist with self-administration of medications.

(b) The individual assisting with medication self-administration must visually observe the student self-administer the medication or, in the case of a cognitively competent but physically challenged student, perform that portion of self-administration for which the student is physically incapable.

(c) Nursing supervision shall be provided to school personnel assisting with the selfadministration of medication to ensure local school board policies and state guidelines are being followed.

(d) School personnel who volunteer under no duress or pressure and who have been properly trained may administer glucagon in emergency situations and may administer insulin to a student based on the student's IHP. However, if a public school nurse is available and on site, the nurse shall provide this service to the student.

Training provided to school personnel on the administration of glucagon and insulin shall be repeated annually and competencies shall be documented at least twice a year in the employee's personnel file.

(e) School personnel who volunteer under no duress or pressure and who have been properly trained may administer epinephrine auto-injector to respond to any student believed to be having a life-threatening allergic or anaphylactic reaction, even if a student does not have an epinephrine auto-injector or a prescription on file. If a public school nurse is available and on site, the nurse shall provide this service to the student.

The LEA’s supply of epinephrine auto-injectors shall be under a standing protocol from a physician licensed to practice medicine in all its branches.

(8) Storage of Medication.

(a) School personnel who volunteer under no duress or pressure and who have been properly trained may administer anti-seizure medications, including diazepam gel, to a student in an emergency situation based on that student's IHP.

If a school nurse is available, on site, and able to reach the student within the time limit for administration specified in the IHP, then the nurse shall provide this service to the student.
All volunteers trained to administer anti-seizure medications shall also be trained in cardiopulmonary resuscitation (CPR).
At least one (1) school employee shall serve as a witness on any occasion a volunteer administers anti-seizure medication during an emergency situation, unless a witness is not available within the time limit for administration specified in the IHP.

History

Authority: T.C.A. §§ 49-50-1601 and 49-50-1602.
Administrative History: Original rules filed May 3, 2018; effective August 1, 2018. Repeal and new rule filed January 7, 2021; effective April 7, 2021.

Tenn. Comp. R. & Regs. 0520-01-13-.04 ADMINISTRATION OF MEDICATION FOR ADRENAL INSUFFICIENCY

(1) Each local board of education shall adopt policies and procedures that provide for the administration of medications that treat adrenal insufficiency in compliance with these rules.

(2) For purposes of this rule the following definitions are applicable:

(a) “Adrenal crisis” means a sudden, severe worsening of symptoms associated with adrenal insufficiency, such as: severe pain in the lower back, abdomen, or legs; vomiting; diarrhea; dehydration; low blood pressure; or loss of consciousness.

(b) “Adrenal insufficiency” means a hormonal disorder that occurs when the adrenal glands do not produce enough adrenal hormones.

(d) “LEA” means Local Education Agency.

(e) “Nurse practitioner” means a nurse practitioner licensed under T.C.A. title 63, chapter 7.

(f) “Physician” means a physician licensed under T.C.A. title 63, chapter 6 or 9.

(g) “School personnel” means any person employed by a Local Education Agency (LEA).

(3) Training.

(a) If an LEA has been informed by a parent or guardian that a student in a school of the LEA has adrenal insufficiency, the LEA shall train school personnel at the school who will be responsible for administering the medication for the treatment of adrenal crisis.

(b) Trained personnel shall be available to each student identified as having adrenal insufficiency whose parent or guardian has provided the medication for treatment of adrenal crisis.

(c) An LEA shall provide training to any school personnel who volunteer to receive the training and to be responsible for the administration of the medication for the treatment of adrenal crisis.

(d) Training on the treatment of adrenal insufficiency shall be coordinated by the LEA and shall be conducted under the supervision of a physician or nurse practitioner or by any other health care professional licensed under T.C.A. title 63 as delegated by a supervising physician or nurse practitioner.

(e) The training shall include, at a minimum, the following:

General information about adrenal insufficiency and the dangers associated with adrenal insufficiency;
Recognition of the symptoms of a person who is experiencing an adrenal crisis;
The types of medications that are available for treating adrenal insufficiency;
Proper administration of medications that treat adrenal insufficiency; and 5. LEAs shall maintain a written record of all school personnel who have completed such training.

(f) A person who has successfully completed training in the treatment of adrenal insufficiency may possess the medication and necessary paraphernalia for administration of medication. Trained school personnel may administer the medication to the student for whom the medication is prescribed if the student is suffering an adrenal crisis when a school nurse or other licensed health care professional is not immediately available.

(g) Trained school personnel shall:

Be familiar with the IHP for each student with adrenal insufficiency in the school and become familiar with:

(i) The student’s baseline activity level, attitude, and behavior;

(ii) The conditions that place additional stress on the body (such as illness or injury) that may trigger an adrenal crisis;

(iii) The student’s past history with adrenal crisis; and (iv) The medication and administration route that is prescribed to the student from his or her physician to use during an adrenal crisis.

Understand the symptoms of adrenal crisis including unconsciousness, extreme lethargy, or nausea and vomiting.
Understand the student’s 504 Plan, Individualized Education Program, or other education plan, if applicable.
Practice universal precautions and infection control procedures.
Comply with all state and federal privacy laws.

(h) An LEA shall not require school personnel who have not received appropriate training to administer medication.

(4) If it is determined a student is suffering from an adrenal crisis and the school nurse or other licensed health care professional is not available, the trained school personnel shall:

(a) Instruct someone to call 911 and the student’s parent or guardian.

(b) Administer the medication and wait with the student until help arrives. Do not leave the student unattended.

(d) Give the empty vial to the Emergency Medical Responders when they arrive.

(5) Medication shall be stored safely and in a location that is readily available and in close proximity of the student.

(6) School transportation and activities such as field trips or other out-of-school functions shall be taken into account in the LEA policy regarding treatment of adrenal crisis.

(7) The student’s IHP team may consider allowing a student to carry his/her own medication in certain circumstances. The IHP team shall take into account the student’s age and maturity when making this determination.

History

Authority: T.C.A. § 49-50-1603.
Administrative History: New rule filed January 7, 2021; effective April 7, 2021.

Tenn. Comp. R. & Regs. 0520-01-13-.05 ADMINISTRATION OF AN OPIOID ANTAGONIST

(1) Each school within an LEA and each nonpublic school is authorized to adopt a policy to maintain an opioid antagonist so that an opioid antagonist may be administered to any student believed to be having a drug overdose.

(2) Each LEA or nonpublic school that adopts a policy to maintain an opioid antagonist shall include a provision for parental notification. Administration of an opioid antagonist shall be in compliance with the procedures outlined in the Guidelines for Use of Health Care Professionals and Health Care Procedures in a School Setting produced by the Department of Education and the Department of Health.

(3) Naloxone, an opioid antagonist, is to be used when there is suspicion of an opioid overdose.

Naloxone is available as an auto-injector or an intranasal spray. Each LEA that adopts a policy to maintain an opioid antagonist shall decide which form of Naloxone will be kept in schools.

(4) School personnel, including school nurses, who might administer naloxone in a suspected overdose must complete the Tennessee Department of Health training on Naloxone administration. The certificate of training completion must be kept in the employee’s file.

(5) Each school within an LEA and each nonpublic school is authorized to maintain Naloxone in at least two unlocked, secure locations to be determined by each school. Naloxone should be stored according to the manufacturer’s instructions. Each LEA should develop a procedure for maintaining an inventory documenting the quantities, locations, and expirations of Naloxone, proper storage, and documentation of replacement units.

(6) In the case of a suspected opioid overdose, school nurses or other trained school personnel shall follow the protocols outlined in the Naloxone training and the instructions in the Naloxone kit.

(7) Each LEA that adopts a policy to maintain an opioid antagonist, shall develop a Naloxone receipt form with storage information as well as a use reporting form which should be completed after any incident involving the use of Naloxone.

History

Authority: T.C.A. § 49-50-1604.
Administrative History: New rule filed January 7, 2021; effective April 7, 2021.

Chapter 0520-01-14 Course Access Program

Tenn. Comp. R. & Regs. 0520-01-14-.01 PURPOSE

The purpose of these rules is to effectuate the Course Access Program Act as required by T.C.A. Title 49,

Chapter 18.

History

Authority: T.C.A. §§ 49-18-101 through 49-18-110.
Administrative History: Original rules filed September 30, 2019; effective December 29, 2019.

Tenn. Comp. R. & Regs. 0520-01-14-.02 DEFINITIONS

(1) “Blended Learning” means the combination of virtual learning with the integration of in-person teaching practices. Blended Learning occurs in a school building and can be teacher-led or involve the purchase or use of technology;

(2) “Charter Management Organization” or “CMO” means a nonprofit entity that operates multiple Charter Schools, at least one (1) of which is in Tennessee;

(3) “Charter School” means a Tennessee public charter school authorized to operate under T.C.A.

Title 49, Chapter 13;

(4) “Course Access Catalog” means a listing of providers that have been approved by the State Board and a listing of courses offered by approved Providers, which are available to Participating Students;

(5) “Course Access Course” means a course that has been approved by the State Board and that has been included in the listing of courses in the Course Access Catalog and is offered by an approved course access Provider;

(6) “Course Provider” or “Provider” means a business, industry, educator, nonprofit entity, for-profit entity, trade association, branch of the United States armed forces, local education agency (LEA), charter school, charter management organization, institution of higher education, or state agency that has been approved by the State Board to offer individual courses in person or online and that has been included in the listing of Providers in the Course Access Catalog;

(7) “Department” means the Tennessee Department of Education;

(8) “Eligible Student” means any student who is enrolled in a Tennessee public school, including a Charter School, in grades seven through twelve (7-12);

(9) “Extended Learning” means an out-of-classroom learning experience that provides a student with:

(a) Enrichment opportunities outside of a classroom;

(b) Career readiness or employability skills, including internships and apprenticeships; or (c) An out-of-classroom educational opportunity approved by the State Board or Host LEA; and (d) Extended Learning courses shall meet the requirements of a for-credit Work Based Learning course, as further defined in State Board High School Policy 2.103.

(10) “Governing Body of a Home LEA” means the local board of education, if the Home LEA is an LEA, or the governing body of a Charter School, if the Home LEA is a Charter School;

(11) “Home LEA” means the LEA or the Charter School in which the student is enrolled full-time;

(12) “Host LEA” means an LEA or a Charter School offering course access program courses through an approved Course Provider to Eligible Students;

(13) “Participating Student” means any Eligible Student enrolled in a Course Access Course through a Host LEA;

(14) “State Board” means the Tennessee State Board of Education; and (15) “Virtual Learning Course” means a course in which a significant portion of instruction is delivered to students through the effective use of technology.

History

Authority: T.C.A. §§ 49-18-101 through 49-18-110.
Administrative History: Original rules filed September 30, 2019; effective December 29, 2019. Amendments filed January 6, 2023; effective April 6, 2023.

Tenn. Comp. R. & Regs. 0520-01-14-.03 STUDENT ELIGIBILITY AND PARTICIPATION

(1) Students enrolled in a Tennessee public school, including a Charter School, in grades seven through twelve (7-12) are eligible to participate in the course access program, provided:

(a) The student meets all prerequisite requirements for the Course Access Course; and (b) The student is unable to enroll in a comparable course at the student’s school because either:

A comparable course is not offered; or 2. A legitimate situation exists that prevents the student from enrolling in a comparable course.

(2) Students with disabilities shall not be precluded from enrollment in a Course Access Course based on their disabilities. Prior to the enrollment of a student with a disability into a Course Access Course, the student’s Individualized Education Program (IEP) team or Section 504 team shall meet to review the student’s IEP or 504 plan to identify any additional services, accommodations, modifications, or assistive technology that may be needed to ensure equitable access in the Course Access Course in order to ensure the provision of a free appropriate public education (FAPE).

(3) The student’s Home LEA shall pay the required tuition and fees to the Host LEA for the first two (2) Course Access Courses in which a Participating Student enrolls per school year.

(4) A student’s Home LEA may approve a student to take more than two (2) Course Access Courses per school year. If the student’s Home LEA approves a student to take more than two (2) Course Access Courses in a school year then:

(a) The student shall be responsible for paying any required tuition and fees for all additional courses beyond the first two (2) courses; and (b) The Home LEA shall award credit to the student upon successful completion of the additional courses.

(5) A Home LEA may disapprove an Eligible Student’s enrollment in a Course Access Course if:

(a) The student does not meet the prerequisite requirements for the course;

(b) A comparable course is offered and available to the student in the Home LEA; or (c) Participation in the Course Access Course is not logistically possible.

(6) The Governing Body of a Home LEA shall develop a policy for hearing appeals from denials of Course Access Course enrollments.

(7) Home LEAs shall inform students and their parents or legal guardians of their right to appeal, in writing, to the Governing Body of the Home LEA any denial of Course Access Course enrollment.

(8) No student shall be required to enroll in a Course Access Course.

(9) A student may withdraw from a Course Access Course within the withdrawal period in accordance with the Host LEA’s withdrawal procedures. Students who withdraw from a Course Access Course shall enroll in a course in their Home LEA to satisfy course load requirements.

History

Authority: T.C.A. §§ 49-18-101 through 49-18-110.
Administrative History: Original rules filed September 30, 2019; effective December 29, 2019. Amendments filed January 6, 2023; effective April 6, 2023.

Tenn. Comp. R. & Regs. 0520-01-14-.04 PROVIDER ELIGIBILITY AND APPROVAL

(1) A business, industry, educator, nonprofit entity, for-profit entity, trade association, branch of the United States armed forces, LEA, charter school, charter management organization, institution of higher education, or state agency seeking approval as a Course Provider shall submit an application to the Department by the deadline set by the Department.

(a) The Department shall create a standard provider application which shall require, at a minimum, the following:

A data privacy policy that complies with all applicable state and federal student data privacy provisions, including, but not limited to, the Data Accessibility Transparency and Accountability Act; T.C.A. § 10-7-504: and the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. g 1232g);
An assurance that all information and resources for Extended Learning, in person, online, or Blended Learning courses are fully accessible for students of all abilities and:

(i) All courses submitted for approval are reviewed to ensure the courses meet legal accessibility standards;

(ii) The provider has an accessibility online learning policy;

(iii) The provider has an Americans with Disabilities Act (ADA) Section 504 coordinator, a grievance policy, and provides annual notifications to all enrolled students;

(iv) The provider has policies and activities to ensure its organizational and course websites meet accessibility requirements; and (v) The provider has no examination or test where a specific score is required to participate in Course Access Courses beyond completion of prerequisite coursework or demonstrated mastery of prerequisite material;

Evidence of financial viability in compliance with guidelines determined by the Department.

(2) The Department shall review all provider applications submitted in accordance with the application process and shall submit to the State Board recommendations for approval or denial. No provider applicant shall act as a Course Provider until approved by the State Board.

(3) All decisions of the State Board concerning approval of provider applicants shall be final and not subject to appeal. However, a provider applicant that has been denied approval may submit a new application to the Department, in accordance with the approval process set forth in this

Rule and further defined by the Department for the school year following the school year for which the application was denied.

(4) All approved Providers shall be included in the listing of Providers in the Course Access Catalog. In order to offer Course Access Courses to students, an approved Provider shall establish a partnership with a Host LEA. No LEA shall be required to be a Host LEA.

(5) All approved Providers shall be subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, sex, creed, color, national origin, religion, ancestry, or need for special education services.

(6) Each approved Provider shall:

(a) Electronically provide, in compliance with guidelines set by the Department, a detailed student record of enrollment, performance, course completion, and course grading information to the Participating Student’s Home LEA and to the Department;

(b) Comply with applicable virtual learning requirements established in T.C.A Title 49,

Chapter 16, and State Board Virtual Education Rule 0520-01-03-.05 regarding virtual education courses, if offering virtual learning courses;

(c) Comply with class size requirements established in T.C.A. § 49-1-104 and instructional and planning time requirements established by the State Board; and (d) Ensure each teacher of a Course Access Course is licensed to teach in this state and meets the qualifications to teach, including the requirement for annual evaluations, in compliance with the rules of the State Board.

(7) A Course Provider may be excluded from the Course Access Catalog at any time if the State Board or Department finds that a Provider has failed to comply with state or federal law, the rules or policies of the State Board, or the procedures of the Department; if the Provider violates its Provider agreement; or if the terms of the Provider’s application for approval are no longer accurate.

History

Authority: T.C.A. §§ 49-18-101 through 49-18-110.
Administrative History: Original rules filed September 30, 2019; effective December 29, 2019. Amendments filed January 6, 2023; effective April 6, 2023.

Tenn. Comp. R. & Regs. 0520-01-14-.05 COURSE APPROVAL

(1) Host LEAs shall partner with approved Providers to offer Course Access Courses approved by the State Board for inclusion in the Course Access Catalog.

(2) No LEA or Charter School shall be required to be a Host LEA.

(3) Host LEAs seeking to offer a Course Access Course shall establish a local course review and approval process.

(4) Each local course review and approval process shall ensure courses recommended to the Department for inclusion in the Course Access Catalog:

(a) Align to the applicable state academic standards set by the State Board;

(b) Meet the instructional and academic rigor of a course that is provided in a traditional classroom setting;

(d) Are taught by a teacher who is properly licensed and endorsed in accordance with the rules of the State Board; and (e) Are offered by an approved Course Provider included in the listing of Providers in the Course Access Catalog.

(5) Course Access Courses shall not include courses with a state-required assessment.

(6) The length of each Course Access Course shall contribute to instructional time requirements such that each student enrolled in a Course Access Course still meets the required 6.5 hours a day of instruction.

(7) Courses that meet all requirements under T.C.A. § 49-18-106, and the local course review and approval process, may be submitted to the Department for recommendation to the State Board for its approval and inclusion in the Course Access Catalog. Host LEAs shall submit locally approved courses to the Department with an assurance that the course has been reviewed in compliance with this rule and T.C.A. § 49-18-106.

(8) Courses approved locally shall be submitted in the school year prior to implementation by the deadline set by the Department.

(9) The Department shall review all locally approved courses submitted in accordance with the local course review and approval process, and shall submit to the State Board recommendations for approval or denial. A course shall not be included in the Course Access Catalog until approved by the State Board.

(10) A course included in the Course Access Catalog shall be available to Eligible Students in any Home LEA.

(11) A Home LEA shall award credit to a student upon successful completion of an approved Course Access Course.

(12) The State Board may exclude a course from the Course Access Catalog at any time if the Course Provider is excluded from the Course Access Catalog, or if a Home LEA, the Host LEA, or the Department:

(a) Submits evidence to the State Board that:

The course is no longer adequately aligned with the approved state academic standards;
The course fails to meet the minimum requirements of the State Board; or 3. The course no longer complies with the course approval requirements set forth in paragraph (4)(a)–(e) above; and (b) Requests, in writing, that the State Board exclude the course.

(13) The State Board may also exclude a course from the Course Access Catalog if the course is offered by a host school that was issued a “D” or “F” letter grade by the Department on the most recent state report card issued pursuant to T.C.A. § 49-1-228.

History

Authority: T.C.A. §§ 49-1-302 and 49-18-101 through 49-18-110.
Administrative History: Original rules filed September 30, 2019; effective December 29, 2019. Amendments filed January 6, 2023; effective April 6, 2023. Amendments filed December 19, 2025; effective March 19, 2026.

Tenn. Comp. R. & Regs. 0520-01-14-.06 ALLOCATION AND USE OF FUNDS

(1) The student’s Home LEA shall pay the required tuition and fees to the Host LEA for the first two (2) Course Access Courses in which a Participating Student enrolls per school year.

(2) Payment of tuition and fees for enrollment of an Eligible Student in a Course Access Course shall be a proportionate share of the state and local funds allocated to the Home LEA of the student pursuant to the applicable state funding formula.

(3) At the time of enrollment, the Home LEA shall provide fifty percent (50%) of the course fee to the Host LEA offering the Course Access Course. The remaining amount shall be paid to the Host LEA by the Home LEA upon the student’s completion of the course.

(4) If a student withdraws from the Course Access Course during the withdrawal period the Host LEA shall refund the Home LEA the full amount paid by the Home LEA.

(5) The Home LEA shall not be responsible for other costs associated with the Course Access Course enrollment.

History

Authority: T.C.A. §§ 49-18-101 through 49-18-110.
Administrative History: Original rules filed September 30, 2019; effective December 29, 2019. Amendments filed January 6, 2023; effective April 6, 2023.

Tenn. Comp. R. & Regs. 0520-01-14-.07 REPORTING REQUIREMENTS

(1) Approved providers shall annually report to the Department, in the manner directed by the Department, the following information:

(a) Detailed student records of enrollment, including state course code, teacher of record, and Home LEA;

(b) Student performance, course completion rates, and course grading information for each subject area and grade level; and (c) Additional information the Department deems necessary.

(2) On an annual basis, a Home LEA shall review the academic performance of the students enrolled in courses offered by a Course Provider to ensure that participating students are receiving instruction and curricula that are aligned with the state standards, as determined by the State Board, and that meet the requirements for graduation.

History

Authority: T.C.A. §§ 49-1-302 and 49-18-101 through 49-18-110.
Administrative History: Original rules filed September 30, 2019; effective December 29, 2019. Amendments filed December 19, 2025; effective March 19, 2026.

Chapter 0520-01-15 Court-Ordered Day Treatment Facilities

Tenn. Comp. R. & Regs. 0520-01-15-.01 SCOPE OF RULES

The purpose of these rules is to effectuate the funding of educational services to students in courtordered day treatment facilities, as required by T.C.A. § Title 49, Chapter 3, Part 3.

History

Authority: T.C.A. § 49-3-308.
Administrative History: Original rules filed July 31, 2019; effective October 29, 2019.

Tenn. Comp. R. & Regs. 0520-01-15-.02 DEFINITIONS

(1) “Facility” or “Court-Ordered Day Treatment Facility” means a facility as defined in T.C.A. § 49-3-308(a).

(2) “LEA” means a Local Education Agency.

(3) “Student” means a child enrolled in a Tennessee public school, grades kindergarten through grade 12 (K-12) admitted to the facility as described in T.C.A. § 49-3-308(b).

(4) “Department” means Tennessee Department of Education.

History

Authority: T.C.A. § 49-3-308.
Administrative History: Original rules filed July 31, 2019; effective October 29, 2019.

Tenn. Comp. R. & Regs. 0520-01-15-.03 ALLOCATION OF FUNDS

(1) An LEA shall allocate funding to a facility for the student's length of stay; provided, that:

(a) The student admitted to the facility was enrolled in an LEA in the academic year immediately preceding admission to the facility and is enrolled at the time of admittance;

(b) The student is admitted to the facility under a signed, written order of a qualified juvenile judge or magistrate of a juvenile court in this state, such order being based upon the juvenile judge or magistrate of a juvenile court's assessment that admittance is in the best interest of the student and the community; and (c) The student is not in the custody of the Department of Children's Services.

(2) An LEA may require a juvenile court order including the student's name, the dates of admission, and the signature of the juvenile judge or the magistrate of the juvenile court to be submitted to the LEA prior to disbursement of funds to the facility.

History

Authority: T.C.A. § 49-3-308.
Administrative History: Original rules filed July 31, 2019; effective October 29, 2019.

Tenn. Comp. R. & Regs. 0520-01-15-.04 BASIC EDUCATIONAL SERVICES

(1) Facilities shall consult with a student’s LEA on how the facility may best provide basic educational services in, at a minimum, English Language Arts and Mathematics for the student.

(2) The student’s LEA may provide special education instruction and services to the student directly or through an agreement with the facility. With both options, IDEA requires both general and special education teachers to be “teachers of the child.” At the facility, those positions may be filled by qualified general and special education teachers; however, an LEA representative must continue to fulfill his or her responsibilities on the student’s Individualized Education Program (IEP) team.

History

Authority: T.C.A. § 49-3-308.
Administrative History: Original rules filed July 31, 2019; effective October 29, 2019.

Tenn. Comp. R. & Regs. 0520-01-15-.05 CALCULATION OF FUNDS

(1) The LEA shall allocate funding to the facility in an amount equal to the per pupil state and local funds received by the LEA on a prorated daily basis for the student’s length of stay, provided that the student meets the requirements of this Rule.

(2) The daily rates shall be calculated by the Department each school year.

(3) The Department shall calculate the daily rate of funds to be transferred from the LEA to the facility as follows:

(b) The per pupil state and local funding is then divided by the 180 day school year to equal the total daily rate.

(4) The facility shall be eligible to receive funds based on the LEA’s school calendar and only for days in which the student is served during the regular school year.

(5) The funding specified in this chapter shall be in addition to funds allocated pursuant to federal law and regulation, including, but not limited to, Title I and ESEA funds.

History

Authority: T.C.A. § 49-3-308.
Administrative History: Original rules filed July 31, 2019; effective October 29, 2019. Amendment filed June 27, 2023; effective September 25, 2023.

Chapter 0520-01-16 Education Savings Accounts

Tenn. Comp. R. & Regs. 0520-01-16-.01 PURPOSE

The purpose of these rules is to effectuate the Tennessee Education Savings Account Program (“Program”) as required by T.C.A. §§ 49-6-2601, et seq. Pursuant to T.C.A. § 49-6-2605, The Department of Education (“Department”) may contract with a non-profit organization for some or all portions of the Program. If the Department contracts for some or all portions of the Program, any reference to the Department herein may be assigned to the contractor.

History

Authority: T.C.A. §§ 49-1-302 and 49-6-2601, et seq.
Administrative History: Original rules filed November 27, 2019; effective February 25, 2020.

Tenn. Comp. R. & Regs. 0520-01-16-.02 DEFINITIONS

(1) “Account Holder” means a parent as defined in paragraph (17) of this section or a student who has reached the age of eighteen (18) who is approved by the Department to participate in the Program and signs the ESA agreement and is responsible for complying with all of the requirements of the Program.

(2) “Agreement” means a document signed by a parent of an Eligible Student or an Eligible Student who has reached the age of eighteen (18) and a designee of the Department, that qualifies the parent or student who has reached the age of eighteen (18) to participate in the Program.

(3) “Computer Hardware or Technological Devices” means computer hardware or technological devices approved by the Department that is used for the student’s educational needs.

Computer hardware and technological devices shall be purchased at or below fair market value through a Participating School, private school, or provider.

(4) “Contractor” means an entity that is paid by the Department to operate the Program or portions of the Program.

(5) “Criminal Background Check” at a minimum shall include, but not be limited to, a check of the following: Tennessee’s Sex Offender Registry and the Abuse Registry of the Tennessee Department of Health. All providers as defined in paragraph (23) of this section and employers of providers shall maintain documentation that any persons providing services to Participating Students have undergone a fingerprint based criminal history records check conducted by the Tennessee Bureau of Investigation (“TBI”) and forwarded by the TBI to the Federal Bureau of Investigation (“FBI”) for processing pursuant to the National Child Protection Act. All Participating Schools shall maintain documentation that all persons working on school grounds when students are present and/or providing services to students have undergone a fingerprint based criminal history records check conducted by the TBI and forwarded by the TBI to the FBI for processing pursuant to the National Child Protection Act. Individual contractors not employed by an organization shall fulfill the background check requirements by completing a fingerprint-based criminal history records check conducted by the FBI.

(6) “Department” means the Tennessee Department of Education.

(7) “Early Postsecondary Opportunity Courses” means a course and/or exam recognized by the Department that give students a chance to obtain postsecondary credit while still in high school.

(8) “Educational Therapy Services” means individualized services provided by therapists that meet the requirements established by the Department and the State Board.

(9) “Eligible Postsecondary Institution” means an institution operated by the Board of Trustees of the University of Tennessee; the Board of Regents of the state university and community college system; or a local governing board of trustees of a state university in this state; or a private postsecondary institution accredited by an accrediting organization approved by the State Board.

(10) “Eligible Private School” means a private school, as defined by § 49-6-3001(c)(3)(A)(iii), that meets the requirements established by the Department and the State Board for a Category I, II, or III private school, and applies to the Department to participate in the Program.

(11) “Eligible Student” means a Tennessee resident in grades kindergarten through twelve (K-12) who:

(a) Meets one (1) of the following enrollment requirements:

Was previously enrolled in and attended a Tennessee public school for the one (1) full school year immediately preceding the school year for which the student receives an ESA;
Is eligible for the first time to enroll in a Tennessee school;
Received an ESA in the previous school year;
Was enrolled in and attended a Tennessee public school for one (1) full school year in the 2019-20, 2020-21, or 2021-22 school year; or 5. Was eligible for the first time to enroll in a Tennessee public school in the 2019- 20, 2020-21, or 2021-22 school year;

(b) Is zoned to attend a school in Shelby County Schools, Metropolitan Nashville Public Schools, Hamilton County Schools, or is zoned to attend a school that was in the Achievement School District on May 24, 2019; and (c) Is a member of a household with an annual income for the previous year that does not exceed twice the federal income eligibility guidelines for free lunch.

(12) “ESA” means a Tennessee Education Savings Account.

(13) “Fee-for-Service Transportation Provider” means a commercial transportation provider including a school bus service. It does not include private transportation by a family member, parent, or Participating Student in accordance with the conflict of interest provisions set forth in this Chapter.

(14) “IEP” means an Individualized Education Program developed by a public school pursuant to the Individuals with Disabilities Education Act at 20 U.S.C. §§ 1400, et seq.

(15) “ISP” means an Individualized Service Plan and is a written statement that describes the special education and related services to be provided by an LEA to a student who is eligible under Individuals with Disabilities Education Act at 20 U.S.C. §§ 1400, et seq., but has been enrolled in a non-public school by the student’s parent.

(16) “Legacy Student” means a Participating Student who graduates from high school or exits the Program by reaching twenty-two (22) years of age; and (a) Has funds remaining in the student’s ESA; and (b) Has an open ESA.

(17) “Local Education Agency (LEA),” “School System,” “Public School System,” “Local School System,” “School District,” or “Local School District” means any county school system, city school system, special school district, unified school system, metropolitan school system, or any other local public school system or school district created or authorized by the Tennessee general assembly.

(18) “Parent” means the parent, legal guardian, person who has custody of the child, or person with caregiving authority for the child under T.C.A. § 49-6-3001.

(19) “Participating School” means an Eligible Private School that has been approved to participate in the Program and seeks to enroll Eligible Students.

(20) “Participating Student” means an Eligible Student who is seventeen (17) years of age or younger and whose parent is participating in the Program or an Eligible Student who has reached the age of eighteen (18) and is participating in the Program.

(21) “Private or Non-Profit Financial Management Organization” means an institution selected by the Department to administer the education savings accounts.

(22) “Program” means the ESA Program created in T.C.A. §§ 49-6-2602, et seq.

(23) “Provider” means an individual or business that provides educational services in accordance with T.C.A. §§ 49-6-2601, et seq. and that meets the requirements established by the Department and the State Board.

(24) “State Board” means the Tennessee State Board of Education.

(25) “Summer Education Programs and Specialized Afterschool Education Programs” means educational programs approved by the Department that are operated outside of the regular school day or school year, which do not include afterschool childcare.

(26) “Technology Fees” means fees charged by a Participating School, private school, or provider for the use of technology or technological devices.

(27) “Tuition or Fees” means tuition or fees of an instructional nature at a Participating School, or an Eligible Postsecondary Institution. Fees do not include: room and board, food, or consumable school supplies.

(28) “Tutoring Services” means educational services provided by a tutor or tutoring facility that is approved by the Department and the State Board.

(29) “Qualified Expenses” means the expenses outlined in T.C.A. § 49-6-2603(a)(4) and this rule.

History

Authority: T.C.A. §§ 49-1-302 and 49-6-2601, et seq.
Administrative History: Original rules filed November 27, 2019; effective February 25, 2020. Amendments filed December 18, 2023; effective March 17, 2024.

Tenn. Comp. R. & Regs. 0520-01-16-.03 APPLICATION AND ADMISSION

(1) To apply to receive an ESA, the parent of an Eligible Student or an Eligible Student who has reached the age of eighteen (18), must submit a completed application through the Department’s website by the deadline set by the Department.

(2) As part of the Program application, the parent of an Eligible Student or an Eligible Student who has reached the age of eighteen (18), must provide verification that the student is a member of a household with an annual income for the previous year that does not exceed twice the federal income eligibility guidelines for free lunch.

(a) Income verification shall be established through:

Federal income tax returns from the previous year; or 2. Proof of eligibility for enrollment in the state’s Temporary Assistance for Needy Families (TANF) program.

(b) The Department may require additional information to verify household income.

(c) Students identified as “economically disadvantaged” as defined in T.C.A. § 49-3-104(10) shall automatically satisfy the income requirements for eligibility.

(3) If, in the application period for a school year, the number of Program applications received by the Department from Eligible Students exceeds the maximum number of students that may participate in the Program for that school year pursuant to T.C.A. § 49-6-2604(c), then the Department shall conduct an enrollment lottery process. Students who participated in the Program in the previous school year shall be reenrolled in the Program if renewal criteria is met and shall be excluded from entering into an enrollment lottery. If an enrollment lottery is conducted, then enrollment priority must be granted in the following order:

(a) Eligible Students who have a sibling participating in the Program;

(b) Eligible Students zoned to attend a priority school as defined by the state’s accountability system pursuant to T.C.A. § 49-1-602, at the time of the enrollment lottery;

(c) Eligible Students eligible for direct certification under 42 U.S.C. § 1758(b)(4); and (d) All other Eligible Students.

(4) Once a completed application has been approved by the Department, the parent of an Eligible Student or an Eligible Student who has reached the age of eighteen (18) shall complete the enrollment procedures set by the Department to become enrolled in the Program.

History

Authority: T.C.A. §§ 49-1-302 and 49-6-2601, et seq.
Administrative History: Original rules filed November 27, 2019; effective February 25, 2020. Amendments filed December 18, 2023; effective March 17, 2024.

Tenn. Comp. R. & Regs. 0520-01-16-.04 AGREEMENT AND FUNDS TRANSFER

(1) Upon notification by the Department that an ESA may be established, a parent of an Eligible Student or an Eligible Student who has reached the age of eighteen (18) shall sign an Agreement to:

(a) Ensure the provision of an education for the Participating Student that satisfies the compulsory school attendance requirement provided in T.C.A. § 49-6-3001(c)(1) through enrollment in a Category I, II, or III private school as defined by the State Board;

(b) Comply with the requirement that Participating Students in grades three through eleven (3-11) participate in the Tennessee comprehensive assessment program (“TCAP”) tests for Math and English Language Arts, or successor tests authorized by the State Board, each year of enrollment in the Program;

(d) Not enroll the Participating Student in the Individualized Education Account (IEA)

Program during the time the student is enrolled in the Program;

(e) Release the LEA in which the Participating Student resides and the school for which the Participating Student is zoned to attend from all obligations to educate the Participating Student during the time the Participating Student is enrolled in the Program;

(f) Acknowledge that participation in the Program has the same effect as parental refusal to consent to the receipt of services under the Individuals with Disabilities Education Act at 20 U.S.C. § 1414. Participating Students will no longer be entitled to a free appropriate public education (FAPE) provided through an IEP but instead will be entitled to equitable services through an ISP. Account holders acknowledge that students with an ISP are only entitled to receive some special education and related services, not all of the services that are required for a student with an IEP to receive FAPE. Participating Students who previously held IEPs should engage with the LEA to develop an ISP through the consultation process, as defined in 34 C.F.R. § 300.134 and 300.137.

(g) Acknowledge that if the Participating Student enrolls in the ESA Program, the Participating School is only required to comply with the requirements of Section 504 of the Rehabilitation Act of 1973 if the school receives federal funding; and (h) Comply with the acceptable uses of ESA funds and the responsibilities of the Parent of a Participating Student or Participating Student who has reached the age of eighteen (18).

(2) The Agreement and any additional information required by the Department shall be submitted to and received by the Department by the deadlines set by the Department before the first ESA payment is disbursed.

(3) The Agreement shall be signed by the Parent of an Eligible Student or by the Eligible Student who has reached the age of eighteen (18) and a designee of the Department to be effective.

(4) The Department shall establish procedures to effectuate the ESA funds transfer process and dates on which each ESA payment shall be disbursed.

(5) Prior to the first disbursement of ESA funds, the Account Holder must provide proof of enrollment in a Category I, II, or III private school. No funds shall be disbursed to an ESA account without proof of enrollment in a Category I, II, or III private school.

(6) ESA funds shall not be used for Tuition at a non-participating school.

(7) The maximum annual amount to which a Participating Student is entitled under the Program shall be equal to the amount representing the per pupil state and local funds generated and required through the state’s K-12 education funding formula for the LEA in which the Participating Student resides, or the statewide per pupil average of required state and local funds as determined through the state’s K-12 education funding formula, whichever amount is less.

(8) If a Participating Student enrolls in the Program for less than an entire school year, the ESA amount for that school year shall be reduced on a prorated daily basis.

(9) After the initial and each subsequent payment to the ESA, the Account Holder shall submit expense reports and receipts for all ESA funds expended in accordance with the procedures set by the Department before the next ESA payment is disbursed.

(10) In accordance with the procedures set by the Department, the Department may remove any Account Holder from eligibility for an ESA if the Account Holder fails to comply with the terms of the Agreement or applicable laws, rules or procedures, or misuses funds. The Account Holder may appeal the Department’s decision pursuant to the appeal procedures outlined in this rule.

(11) If the Department determines that ESA funds have been misused, the Department shall notify the Account Holder, and the Account Holder shall repay the misused amount in the manner and within the timeframe set by the Department. Additionally, the Department is authorized to freeze or withdraw funding directly from the student’s ESA for reasons including, but not limited to, fraud, misuse of funds, Account Holder failure to comply with state laws, rules, procedures or the Agreement, the Participating Student’s return to the LEA, or the funds having been deposited into the account in error. An Account Holder may appeal the Department’s decision pursuant to the appeal procedures outlined in this rule.

History

Authority: T.C.A. §§ 49-1-302 and 49-6-2601, et seq.
Administrative History: Original rules filed November 27, 2019; effective February 25, 2020. Amendments filed May 26, 2023; effective August 24, 2023. Amendments filed December 18, 2023; effective March 17, 2024.

Tenn. Comp. R. & Regs. 0520-01-16-.05 USE OF FUNDS

(1) Account Holders shall agree to use the funds deposited in the ESA for any, or any combination of, the following expenses:

(a) Tuition or fees at a Participating School;

(b) Textbooks required by a Participating School;

An individual tutor, including, but not limited to, a licensed Tennessee educator;
A tutoring facility accredited by one (1) of the following: any accreditation division of AdvancED (the North Central Association Commission on Accreditation and School Improvement (“NCA CASI”), the Northwest Accreditation Commission (“NWAC”), and the Southern Association of Colleges and Schools Council on Accreditation and School Improvement (“SACS CASI”), the Middle States Association of Colleges and Schools (“MSA”), the New England Association of Schools and Colleges (“NEASC”), the Western Association of Schools and Colleges (“WASC”), or the Council on Occupational Education (“COE”);

(d) Fees for transportation paid to a Fee-for-Service Transportation Provider. Transportation fees can only be used for transportation to and from:

Participating Schools; or 2. Providers;

(e) Fees for Early Postsecondary Opportunity Courses and related examinations, or any examinations related to college admission;

(f) Computer Hardware, Technological Devices, or other technology fees approved by the Department, if the Computer Hardware, Technological Device, or technology fee is used for the student’s educational needs and is purchased at or below fair market value through a Participating School, Private School, or Provider;

(g) School uniforms, if required by a Participating School;

(h) Tuition and fees for Summer Education Programs and Specialized Afterschool Education Programs, as approved by the Department, which do not include afterschool childcare;

(i) Tuition and Fees at an Eligible Postsecondary Institution;

(j) Textbooks required by an Eligible Postsecondary Institution;

(k) Educational Therapy Services designed to improve academic performance through instructional and therapeutic techniques, and provided by therapists that meet the requirements established by the Department and the State Board; and/or (l) Fees for the management of the ESA by a Private or Non-Profit Financial Management Organization approved by the Department, not to exceed two percent (2%) of the funds deposited in an ESA account in a fiscal year.

(2) Account Holders shall obtain pre-approval for all expenses. If pre-approval is not obtained, the expense shall be deemed an unapproved expenditure. An Account Holder may request preapproval by completing and submitting the Department’s pre-approval form in accordance with procedures developed by the Department.

(3) Any Tuition or Fees charged by a Participating School or Eligible Postsecondary Institution that exceed the ESA amount shall be the responsibility of the Account Holder.

History

Authority: T.C.A. §§ 49-1-302 and 49-6-2601, et seq.
Administrative History: Original rules filed November 27, 2019; effective February 25, 2020. Amendments filed December 18, 2023; effective March 17, 2024.

Tenn. Comp. R. & Regs. 0520-01-16-.06 TERM OF THE ESA

(1) For purposes of continuity of educational attainment, a Participating Student shall remain eligible to participate in the Program until the Participating Student meets one (1) of the following, whichever occurs first:

(a) Enrolls in a public school;

(b) Enrolls in a Category IV or V private school or a private school not approved under the rules of the State Board;

(d) Is suspended or terminated from participating in the Program in accordance with T.C.A. § 49-6-2808;

(e) Graduates or withdraws from high school with no funds remaining in an open ESA account;

(f) Reaches twenty-two (22) years of age with no funds remaining in an open ESA account.

However, if the Participating Student reaches the age of twenty-two (22) with funds remaining in an open ESA account after the commencement of the school year, the Participating Student may remain in the Program until the conclusion of that school year; or (g) No longer meets or fails to verify that the Participating Student’s household income meets the requirements of T.C.A. § 49-6-2602(3)(D) and this rule according to the schedule and income-verification process developed by the Department.

(2) A Participating Student may voluntarily withdraw from the Program at any time. The Account Holder shall complete the procedures for withdrawal from the Program as set by the Department.

(3) If a Participating Student becomes ineligible to participate in the Program for any reason or withdraws from the Program, the Participating Student’s ESA shall be closed and any remaining funds shall be returned to the State Treasurer to be placed in the Education Trust Fund of 1992 under T.C.A. §§ 49-3-357 and 49-3-358.

(4) The Account Holder may transfer the Participating Student from the Participating School to another Participating School in accordance with procedures set by the Department.

(5) In order for a Participating Student to continue in the Program, the Account Holder shall annually apply to renew the ESA by following the procedures developed by the Department and posted on the Department’s website.

(6) If a Participating Student graduates high school or reaches twenty-two (22) years of age while enrolled in high school pursuant to T.C.A. § 49-6-2603(d)(1), and has funds remaining in the Participating Student’s open ESA, the Participating Student shall become a Legacy Student.

(a) A Legacy Student may use ESA funds to attend or take courses from an Eligible Postsecondary Institution and those expenditures are determined to be Qualifying Expenses.

(b) A Legacy Student’s ESA shall be closed and any remaining funds shall be returned to the State Treasurer to be placed in the Education Trust Fund of 1992 under T.C.A. §§ 49-3-357 and 49-3-358, after the first of the following events:

Upon a Legacy Student’s graduation from an Eligible Postsecondary Institution;
After four (4) consecutive years elapse immediately after a Legacy Student enrolls in an Eligible Postsecondary Institution; or 3. After a Legacy Student is not enrolled in an Eligible Postsecondary Institution for twelve (12) consecutive months.

(7) Account Holders are not required to spend the entire sum each year, however, a minimum amount of fifty percent (50%) of the funds must be used each year on approved expenses for the benefit of the student enrolled in the Program.

(a) If overall spending does not equal fifty percent (50%) by the deadline for submission of the last expense report and if the ESA is renewed for the following year, the Department shall subtract the difference from the payments in the next contract year. If a student withdraws from the ESA Program or if the ESA is not renewed, the ESA shall be closed, and any remaining funds shall be returned to the state treasurer pursuant to T.C.A. § 49- 6-2603.

(8) The Department shall provide Parents of Participating Students or Participating Students who have reached the age of eighteen (18) with a written explanation of the allowable uses of ESA funds and the responsibilities of Parents of Participating Students and Participating Students who have reached the age of eighteen (18) regarding ESA funds. The Department shall also provide Parents of Participating Students or Participating Students who have reached the age of eighteen (18) with a written explanation of the Department’s duties regarding ESA funds, Eligible Students, Participating Students, and Legacy Students.

History

Authority: T.C.A. §§ 49-1-302 and 49-6-2601, et seq.
Administrative History: Original rules filed November 27, 2019; effective February 25, 2020. Amendments filed May 26, 2023; effective August 24, 2023. Amendments filed December 18, 2023; effective March 17, 2024.

Tenn. Comp. R. & Regs. 0520-01-16-.07 MONITORING AND COMPLIANCE

(1) The Department shall conduct fiscal and program compliance reviews of all ESAs pursuant to procedures developed by the Department.

(2) The Department may conduct or contract for random, quarterly, or annual review of ESAs.

History

Authority: T.C.A. §§ 49-1-302 and 49-6-2601, et seq.
Administrative History: Original rules filed November 27, 2019; effective February 25, 2020.

Tenn. Comp. R. & Regs. 0520-01-16-.08 PARTICIPATING SCHOOLS

(1) Eligible Private Schools interested in enrolling students receiving ESAs shall submit an application to the Department by the deadline set by the Department.

(a) The Department shall develop an application and application process for Eligible Private Schools to participate in the Program. Such application shall be posted on the Department’s website and shall request, at a minimum, the following information from an applicant:

The maximum number of students receiving ESAs the school has the capacity to enroll per grade level;
Demonstration of financial viability to repay any funds that may be owed to the state by filing with the application financial information verifying the school has the ability to pay an aggregate amount equal to twenty five percent (25%) of the amount of ESA funds expected to be paid during the school year. The school may comply with this requirement by filing an annual surety bond payable to the state from a surety, and in an amount determined by the Department; and 3. The school’s academic calendar, the school’s admission policy, and the school’s tuition and fee schedule.

(b) The Department shall review the application and notify the school as to whether the school meets the requirements outlined in (a) to become a Participating School and receive ESA funds from a Participating Student for Qualified Expenses including, tuition and fees.

(c) If an Eligible Private School is approved to be a Participating School, the Department shall list the school on the Department’s website, including grades served and any other information the Department determines may assist parents in selecting a Participating School.

(2) As a condition of approval to become a Participating School, the school shall agree to the following:

(a) Be academically accountable to the Account Holder for meeting the educational needs of the Participating Student by:

At a minimum, annually providing to the Account Holder a written explanation of the student’s progress; and 2. Ensuring Participating Students in grades three through eleven (3-11) are administered the TCAP tests in math and English Language Arts, or successor tests approved by the State Board, each year the Participating Student is enrolled in the Participating School.

(b) Comply with all state and federal health and safety laws or codes that apply to non-public schools;

(d) Certify that they shall not discriminate against Participating Students or applicants on the

basis of race, color, or national origin;

(e) Agree to accept reimbursement payments for tuition and fees from an Account Holder on the payment schedule identified by the Department;

(f) Agree to participate in the Program for the full school year unless the school is suspended or terminated by the Department;

(g) Comply with T.C.A. § 49-5-202;

(h) Comply with the minimum kindergarten age requirement pursuant to T.C.A § 49-6- 201(b)(3) and the State Board of Education Rule 0520-07-02;

(i) Conduct criminal background checks on employees upon employment and at least every five (5) years thereafter; and (j) Exclude from employment:

Any person not permitted by state law to work in a non-public school; and 2. Any person who might reasonably pose a threat to the safety of students.

Participating Schools have ultimate discretion to determine whether or not a person might reasonably pose a threat to the safety of students; however, Participating Schools may consider excluding persons who have ever been convicted of any of the following offenses, or the same or similar offense in any jurisdiction, including convictions for the solicitation of, attempt to commit, conspiracy, or acting as an accessory to:

(i) A sexual offense or a violent sexual offense as defined in T.C.A. § 40-39- 202;

(ii) An offense listed in T.C.A. §§ 39-13-102 – 39-13-115;

(iii) An offense listed in T.C.A. §§ 39-14-301 and 39-14-302;

(iv) An offense listed in T.C.A. §§ 39-14-401 – 39-14-404;

(v) An offense listed in T.C.A. §§ 39-15-401 and 39-15-402;

(vi) An offense listed in T.C.A. § 39-17-417; and (vii) An offense listed in T.C.A. Title 39, Chapter 17, Part 13.

(3) The funds in an ESA may be used only as provided in section .05 of this rule for educational purposes. Participating Schools that enroll Participating Students shall provide Account Holders with a receipt for all qualifying expenses paid to the Participating School using ESA funds.

(4) Participating Schools shall not charge an Account Holder or Participating Student additional tuition or fees that are not also charged to non-participating students.

(5) Participating Schools shall not, in any manner, refund, rebate, or share ESA funds with an Account Holder or Participating Student.

(6) Within five (5) business days of receipt of a Participating Student’s notice of withdrawal, a Participating School shall notify the Department of the Participating Student’s withdrawal.

(7) Participating Schools shall annually submit to the Department the graduation and completion information of Participating Students in accordance with procedures set by the Department.

(8) Annually, Participating Schools shall submit a notice to the Department if they intend to continue participating in the Program by following the procedures developed by the Department.

(9) The Department may suspend or terminate a Participating School from participating in the Program if the Department determines the school has failed to comply with state law, rules, or procedures.

(a) If the Department suspends or terminates a school’s participation, the Department shall notify the affected Participating Students, the Account Holder, and the Participating School of the decision. If a Participating School is suspended or terminated or if a Participating School withdraws from the Program, affected Participating Students remain eligible to participate in the Program.

(b) A Participating School may appeal the Department’s decision pursuant to the appeals procedures set forth in this Chapter.

(10) The Department may suspend or terminate a Participating School from participating in the Program for low academic performance. Low academic performance is defined as failure of Participating Students to make academic progress as demonstrated by multiple performance measures, including, but not limited to, lack of progress or growth on the TCAP tests, or successor tests approved by the State Board, or any nationally normed assessment utilized by the Participating School.

(11) All contracts entered into are the responsibility of the private parties involved.

History

Authority: T.C.A. §§ 49-1-302 and 49-6-2601, et seq.
Administrative History: Original rules filed November 27, 2019; effective February 25, 2020. Amendments filed December 18, 2023; effective March 17, 2024.

Tenn. Comp. R. & Regs. 0520-01-16-.09 PROVIDERS AND POSTSECONDARY INSTITUTIONS

(1) In order to receive pre-approval as required by T.C.A. § 49-6-2607(b), providers, at a minimum, shall:

(a) Maintain documentation that any person providing services to Participating Students has undergone a fingerprint-based criminal history records check conducted by the TBI and forwarded by the TBI to the FBI for processing pursuant to the National Child Protection Act, and (b) Maintain documentation of the provider’s credentials demonstrating the provider meets the qualifications set by the Department.

(2) Providers and Eligible Postsecondary Institutions shall provide Account Holders with a receipt for all expenses paid to the provider or Eligible Postsecondary Institution using ESA funds.

(3) Providers and Eligible Postsecondary Institutions shall not, in any manner, refund, rebate, or share ESA funds with an Account Holder or Participating Student.

(4) The Department may suspend or terminate a provider from participating in the Program if the Department determines the provider has failed to comply with the requirements of the Act, these rules, or the procedures set by the Department.

(a) If the Department suspends or terminates a provider’s participation, the Department shall notify the affected Participating Students, the Account Holder, and the provider of the decision. If a provider is suspended or terminated or if a provider withdraws from the Program, affected Participating Students remain eligible to participate in the Program.

(b) A provider may appeal the Department’s decision pursuant to the appeals procedures set forth in these rules.

(5) All contracts entered into are the responsibility of the private parties involved.

History

Authority: T.C.A. §§ 49-1-302 and 49-6-2601, et seq.
Administrative History: Original rules filed November 27, 2019; effective February 25, 2020.

Tenn. Comp. R. & Regs. 0520-01-16-.10 RETURN TO LOCAL EDUCATION AGENCY

(1) A Participating Student who is otherwise eligible to return to the student’s LEA may return to the LEA at any time after enrolling in the Program. Upon enrollment in an LEA, the student’s participation in the Program shall be terminated.

(2) If a Participating Student enrolls in an LEA, the Parent of a Participating Student or the Participating Student who has reached the age of eighteen (18) shall notify the Department in accordance with the procedures and timelines set by the Department.

(3) Upon termination of a student’s participation in the Program, the Department shall close the Participating Student’s ESA and any remaining funds shall be returned to the state treasurer to be placed in the Education Trust Fund of 1992 under T.C.A. §§ 49-3-357 and 49-3-358.

(4) Upon enrollment in the LEA, students previously eligible for an IEP, as set forth in State Board

Chapter 0520-01-09, remain eligible for special education and related services unless the LEA conducts a reevaluation and determines the student is no longer eligible for special education and related services.

History

Authority: T.C.A. §§ 49-1-302 and 49-6-2601, et seq.
Administrative History: Original rules filed November 27, 2019; effective February 25, 2020. Amendments filed May 26, 2023; effective August 24, 2023. Amendments filed December 18, 2023; effective March 17, 2024.

Tenn. Comp. R. & Regs. 0520-01-16-.11 APPEAL PROCEDURES

(1) The following decisions of the Department may be appealed:

(a) Denial of a school’s application to become a Participating School;

(b) Suspension or termination of a Participating School from the Program;

(d) Denial of a parent’s, or student who has reached the age of eighteen’s (18), application to participate in the Program;

(e) Determinations regarding the use of funds by Account Holders; or (f) Suspension, termination, or removal of a Participating Student from the Program.

(2) All appeals shall be filed pursuant to the following two (2) step appeal process:

(a) Step one (1): The appeal shall be on the form provided by the Department and shall be submitted to the Commissioner of Education, or the Commissioner’s designee, within ten (10) business days of notice of the decision being appealed. Notice of the decision being appealed shall be provided electronically and via first-class USPS mail and shall be deemed to be received three (3) business days after the date of postmark. The appeal shall be reviewed by the Commissioner of Education, or the Commissioner’s designee, and a decision shall be issued within forty-five (45) calendar days of receipt of the appeal;

(b) Step two (2): The appellant shall be notified of the Commissioner’s or Commissioner’s designee’s decision in step one (1) of the appeal process electronically and via first-class USPS mail. Such notice shall be deemed received three (3) business days after the date of postmark. An appeal of the step one (1) decision shall be filed with the Commissioner by the appellant within thirty (30) calendar days of receipt and shall be heard as a contested case hearing pursuant to the Uniform Administrative Procedures Act (T.C.A.

Title 4, Chapter 5).

History

Authority: T.C.A. §§ 49-1-302 and 49-6-2601, et seq.
Administrative History: Original rules filed November 27, 2019; effective February 25, 2020.

Tenn. Comp. R. & Regs. 0520-01-16-.12 CONFLICT OF INTEREST

(1) Use of ESA funds must be for the sole benefit of the Participating Student for which the ESA is established. ESA funds shall only be used by the Account Holder on qualifying expenses.

(2) It is a conflict of interest and is considered a misuse of ESA funds and a violation of Program rules and procedures for an Account Holder to provide ESA funds directly to his or her family member(s), or to any company, corporation, or business owned by his or her family member(s).

Family member shall include an Account Holder’s spouse, parent, step-parent, parent-in-law, child, son-in-law, daughter-in-law, grandparent, grandchild, brother, sister, uncle, aunt, nephew, niece, or any person who resides in the same household as a Participating Student.

History

Authority: T.C.A. §§ 49-1-302 and 49-6-2601, et seq.
Administrative History: Original rules filed November 27, 2019; effective February 25, 2020.

Chapter 0520-01-17 Continuous Learning Plans

Tenn. Comp. R. & Regs. 0520-01-17-.01 DEFINITIONS

(1) As used in this Chapter:

(a) “Authorizer” has the same meaning given in T.C.A. § 49-13-104.

(b) “Charter Management Organization” or “CMO” means a non-profit entity that manages or operates two (2) or more public charter schools.

(c) “Instructional Time” means the amount of instruction provided through synchronous or asynchronous instruction, or a combination of the two (2), as defined in this rule. To the extent practicable, instruction delivered remotely must be as commensurate in quality, rigor, and effectiveness as in-person instructional time.

(d) “Remote Instruction” means instruction that takes place when teachers are not providing in-person instruction to students within the traditional school setting. Remote instruction provided pursuant to an approved CLP qualifies as a virtual education program pursuant to T.C.A. Title 49, Chapter 16 and State Board rules.

(e) “CLP” means continuous learning plan.

(f) “Synchronous Instruction” means instruction provided by a Tennessee educator to a student or students at the same time but not necessarily in the same place who engage in instruction while it occurs. This may include, but is not limited to, in-person instruction or telephonic, Internet-based, or other appropriate methods of communication as outlined in the approved CLP and may include full-class or small-group instruction or one-on-one instruction between student and teacher.

(g) “Asynchronous Instruction” means instruction provided by a Tennessee educator to students who participate in instruction at a separate time from when the teacher delivered the instruction. This may include, but not be limited to, methods such as printed work materials, teacher-assigned individual or group projects, audio- or video-recorded lessons, or online course modules, or other appropriate methods as outlined in the approved CLP.

(h) “Public Charter School” means a Tennessee public charter school authorized to operate under T.C.A. Title 49, Chapter 13.

(i) “Material Revisions” include, but are not limited to, changes to the instructional schedule that affect how students receive instruction daily to meet the required minimum hours of instruction; changes that result in the LEA or Public Charter School using textbooks or instructional materials that are not on the state-approved list, unless the LEA or public charter school has been granted a waiver pursuant to T.C.A. § 49-6-2206 or T.C.A. § 49- 13-111; and changes to the attendance policy or procedure that affect how daily student attendance is determined.

(j) “Department” means the Tennessee Department of Education.

(k) “LEA” means local education agency and has the same meaning given in T.C.A. § 49-1- 103(2).

History

Authority: T.C.A. §§ 49-1-102, 49-1-104(h), 49-1-302, 49-6-3002, 49-6-3004, and 49-13-111.
Administrative History: Emergency rules filed July 2, 2020; effective through December 29, 2020. Emergency rules expired effective December 30, 2020, and the rules reverted to their previous statuses. Emergency rules filed August 26, 2020; effective through February 22, 2021. Emergency rules expired effective February 23, 2021, and the rules reverted to their previous statuses. Emergency rules filed November 19, 2020; effective through May 18, 2021. Emergency rules expired effective May 19, 2021, and the rules reverted to their previous statuses. New rules filed April 22, 2021; effective July 21, 2021.

Tenn. Comp. R. & Regs. 0520-01-17-.02 PURPOSE OF THE CLP

(1) An LEA or Public Charter School that continues instruction during a disruption to school operations in compliance with the requirements of this chapter and the LEA’s or Public Charter School’s approved CLP, shall be credited with an instructional day for all days in which the Public Charter School, LEA, or individual schools within the LEA, operated under the approved CLP.

(2) An LEA or Public Charter School that continues instruction during a disruption to school operations in compliance with the requirements of this chapter and the LEA’s or Public Charter School’s approved CLP shall continue to receive funding through the state’s K-12 education funding formula as outlined in T.C.A. §§ 49-3-101, et seq. for any school days that the approved CLP was implemented.

History

Authority: T.C.A. §§ 49-1-102, 49-1-104(h), 49-1-302, 49-6-3002, 49-6-3004, and 49-13-111.
Administrative History: New rules filed April 22, 2021; effective July 21, 2021. Amendments filed April 19, 2023; effective July 18, 2023.

Tenn. Comp. R. & Regs. 0520-01-17-.03 UTILIZATION OF THE CLP

(1) For the 2021-22 school year and thereafter, an LEA or Public Charter School may only begin the implementation of an approved CLP when the following conditions are met:

(a) The governor or the governor’s designee has declared a state of emergency or a disaster declaration via an executive order or proclamation or by the activation of the Tennessee Emergency Management Plan pursuant to Tennessee Code Annotated Title 58; and (b) The disaster or declared state of emergency disrupts the traditional operations of the public charter school or one (1) or more schools within the LEA; and (c) The LEA or Public Charter School provides notice to the Department of intent to implement the CLP, including the justification for implementation; and (d) The Department grants permission for the LEA or Public Charter School to implement its approved CLP.

(2) The LEA or Public Charter School shall submit a copy of its previously approved CLP, or a newly developed CLP if no CLP was previously approved, to the Department with its notification of intent to implement required by paragraph (1)(c). The Department may request additional information or revisions to the CLP from the Public Charter School or LEA prior to granting permission for the LEA or Public Charter School to implement its CLP. LEAs and Public Charter Schools with a previously approved CLP shall conduct a review prior to implementation to determine if revisions to the previously approved CLP are necessary. If an LEA or Public Charter School makes Material Revisions to their previously approved CLP, the LEA or Public Charter School shall submit the Material Revisions to the Department utilizing the Material Revision request form created by the Department. Material Revisions to the LEA or Public Charter School’s previously approved CLP shall not become effective until approved by the Department.

(3) The Department’s evaluation and approval process shall ensure CLPs adhere to the requirements of this rule, State Board Continuous Learning Plan Policy 3.210, and all applicable federal and state laws and rules, unless waived. The Department shall post information regarding the CLP evaluation and approval process on the Department’s website.

History

Authority: T.C.A. §§ 49-1-102, 49-1-104(h), 49-1-302, 49-6-3002, 49-6-3004, and 49-13-111.
Administrative History: New rules filed April 22, 2021; effective July 21, 2021.

Tenn. Comp. R. & Regs. 0520-01-17-.04 COMPONENTS OF THE CLP

(1) The Department shall maintain a template for CLPs. The CLP template and any rubric utilized by the Department for evaluation of CLPs shall be posted on the Department’s website.

(2) Upon receipt of Department approval to implement a CLP under rule 0520-01-17-.03, each LEA and Public Charter School shall post its approved CLP on its website and make a copy available to parents/legal guardians and students upon request. All approved CLPs shall also be posted on the Department’s website.

(3) The CLP shall address, at minimum, the following components:

(a) Attendance policy and procedures for students participating in remote instruction, if different from the LEA or Public Charter School’s regular attendance policy and procedure. The LEA or Public Charter School’s attendance policy and procedure must include, but is not limited to:

Procedures for determining when a student is present, which shall include plans for seeking and receiving daily periodic visual, verbal, and/or written confirmation of student participation in Instructional Time using multiple methods of confirming student attendance.
Procedures for determining an excused versus unexcused absence, the internal attendance tracking system to be used, and how the LEA or Public Charter School will communicate attendance policies and/or procedures to parents and/or legal guardians and students.
LEAs and Public Charter Schools shall address in their attendance policy and procedure potential interventions for addressing student absences during Remote Instruction, including any changes to how the LEA or Public Charter School will implement or revise its progressive truancy intervention plan required by T.C.A. § 49-6-3009.
The reporting of attendance to the Department must be via the LEA or Public Charter School’s student information system utilizing the attendance code set by the Department of Education.

(b) How all students will be provided standards-based instruction by a licensed Tennessee educator, including, but not limited to, students with disabilities, English Learners, and at-risk students.

How the LEA or Public Charter School will provide students with disabilities access to instruction in a manner consistent with each student’s individualized education program (IEP) or 504 plan. Remote Instruction supports shall be considered and included, as appropriate for the student, when an IEP or 504 plan is initially developed or at any subsequent review or revision of an IEP or 504 plan;
How the LEA or Public Charter School will provide students who are English Learners access to instruction in a manner consistent with each student’s individualized learning plan and with State Board English as a Second Language Program Policy 3.207; and 3. Address the needs of other at-risk student populations as defined in State Board High School Policy 2.103.

(c) How the LEA or Public Charter School will meet the requirements of T.C.A. § 49-6-3004 and T.C.A. § 49-6-201(b)(2) during a disruption to school operations, including how the LEA or Public Charter School will provide students in Kindergarten access to at least four (4) hours of Instructional Time each school day, and how the LEA or Public Charter School will provide students in grades one (1) through twelve (12) access to at least six and one half (6 ½) hours of Instructional Time each school day.

The Instructional Time requirements set forth in this chapter do not apply to students being served under a homebound program, incarcerated students, and students in a residential mental health facility or court-ordered day-treatment program. Instructional Time requirements for students being served under a homebound program, incarcerated students, and students in a residential mental health facility or court-ordered day-treatment program shall comply with state law and State Board rules governing these students.

(d) All CLPs shall align student grading expectations to the State Board’s Uniform Grading

Rule and Policy 3.301 for students in grades 9-12 and to the LEA’s or Public Charter School’s locally adopted grading policy for students in grades K-8, and, if applicable, for students in grades 9-12.

(e) All LEAs and Public Charter Schools shall comply with all relevant state and federal laws, rules, and policies.

(f) Remote Instruction classes shall comply with class size standards applicable to virtual education programs pursuant to T.C.A. § 49-1-104(h) and class size and case load requirements for special education as defined in State Board Policy 3.206.

(g) If the LEA’s CLP requires a waiver of any state statute or rule, the LEA shall submit a waiver request to the Commissioner pursuant to T.C.A. § 49-1-201. If a Public Charter School’s CLP requires a waiver of any state statute or rule, the public charter school shall submit a waiver request to the Commissioner or its authorizer pursuant to T.C.A. § 49- 13-111.

History

Authority: T.C.A. §§ 49-1-102, 49-1-104(h), 49-1-302, 49-6-3002, 49-6-3004, and 49-13-111.
Administrative History: New rules filed April 22, 2021; effective July 21, 2021.

Chapter 0520-01-18 Textbook and Instructional Materials Waivers

Tenn. Comp. R. & Regs. 0520-01-18-.01 DEFINITIONS

(1) As used in this chapter:

(a) “Textbook” has the same meaning as in T.C.A. § 49-6-2202(e) and State Textbook Commission Rule 0520-05-01-.01.

(b) “Instructional Materials” has the same meaning as in State Textbook Commission Rule

Tenn. Comp. R. & Regs. 0520-01-18-.02 WAIVER APPLICATION PROCESS

(1) LEAs shall apply for a Textbook and Instructional Materials waiver to use Textbooks and Instructional Materials not approved by the State Board if the proposed materials were:

(a) Reviewed by the Textbook Commission and were not recommended to the State Board for approval; or (b) Were not reviewed by the Textbook Commission.

(2) An LEA shall not apply for a waiver to use:

(a) Textbooks and Instructional Materials currently adopted by the Textbook Commission and approved by the State Board; or (b) Textbooks and Instructional Materials for a subject-specific course or grade level in which currently approved Textbooks or Instructional Materials do not exist.

(3) If an LEA is not required to submit a waiver in accordance with subparagraph (2)(b), LEAs may adopt Textbooks and Instructional Materials, provided the LEA has:

(a) Reviewed the proposed materials for alignment with current and applicable Tennessee Academic Standards;

(b) Determined the proposed materials are compliant with state and federal law; and (c) Adopted the materials in accordance with local adoption policies and procedures.

(4) Each waiver application shall be approved by the Local Board and may be submitted on their behalf by the Director of Schools or the Director’s designee to the State Board on the waiver application developed by the State Board staff and posted on the State Board’s website. The application shall include, but not be limited to, the following information:

(a) The publisher(s) and title(s) of the requested Textbook(s) and/or Instructional Materials, if applicable;

(b) Grade level(s) and/or course(s) for the waiver application;

(d) Evidence of student outcomes based on the requested Textbook(s) and/or Instructional Materials, if applicable;

(e) Evidence of research or evaluation of the Textbook(s) and/or Instructional Materials’ quality, if applicable;

(f) Evidence of improved student outcomes in the LEA before and since utilizing Textbook(s) and/or Instructional Materials from waivers the LEA has been granted in the past, if applicable;

(g) A statement of assurance by the LEA that the requested Textbook(s) and/or Instructional Materials and any Supplemental Materials the LEA plans to use as part of the waiver application were not created to align exclusively with the Common Core State Standards or are not marketed or otherwise identified as Common Core Textbooks or Instructional Materials pursuant to T.C.A. § 49-6-2206;

(h) A statement of assurance by the LEA that the requested Textbook(s) and/or Instructional Materials and any Supplemental Materials the LEA plans to use as part of the waiver application comply with T.C.A. § 49-6-1019 related to prohibited concepts; and (i) A statement of assurance by the LEA that the requested Textbook(s) and/or Instructional Materials and any Supplemental Materials the LEA plans to use as part of the waiver comply with all other state and federal laws.

(j) For Textbooks or Instructional Materials that were reviewed by the Textbook Commission but were not recommended to the State Board for approval, the LEA shall submit:

For LEA-wide adoptions, a completed rubric from the local adoption committee created pursuant to T.C.A. § 49-6-2207 that explains how the LEA will address the deficiencies identified by the Textbook Commission. If the Textbook Commission did not recommend the Textbook(s) or Instructional Materials for approval based on lack of alignment to Tennessee Academic Standards, the rubric shall also include but not be limited to a table indicating the alignment of the proposed Textbook(s) and/or Instructional Materials with each Tennessee Academic Standard in the relevant subject-specific grade or course. The rubric shall also include any planned use of Supplemental Materials to address misalignment with the Tennessee Academic Standards to ensure comprehensive coverage; or 2. For limited-use adoptions, which include credit recovery programs, alternative schools, virtual schools, and virtual education programs, a completed rubric that explains how the LEA will address the deficiencies identified by the Textbook Commission. If the Textbook Commission did not recommend the Textbook(s) or Instructional Materials for approval based on lack of alignment to Tennessee Academic Standards, the rubric shall also include but not be limited to a table indicating the alignment of the proposed Textbook(s) and/or Instructional Materials with each Tennessee Academic Standard in the relevant subject-specific grade or course. The rubric shall also include any planned use of Supplemental Materials to address misalignment with the Tennessee Academic Standards to ensure comprehensive coverage.

(k) For Textbooks or Instructional Materials that were not reviewed by the Textbook Commission, LEAs shall submit:

For LEA-wide adoptions, a completed rubric from the local adoption committee created pursuant to T.C.A.§ 49-6-2207 that indicates the extent to which the Textbook(s) and/or Instructional Materials are aligned to the Tennessee Academic Standards. The rubric shall include, but not be limited to, a table indicating the alignment of the proposed Textbook(s) and/or Instructional Materials with each Tennessee Academic Standard in the relevant subject-specific grade or course.

The rubric shall also include any planned use of Supplemental Materials to address areas of misalignment, if any, with the Tennessee Academic Standards to ensure comprehensive coverage; or 2. For limited-use adoptions which include credit recovery programs, alternative schools, virtual schools, and virtual education programs, a completed rubric that indicates the extent to which the Textbook(s) and/or Instructional Materials are aligned to the Tennessee Academic Standards. The rubric shall include, but not be limited to, a table indicating the alignment of the proposed Textbook(s) and/or Instructional Materials with each Tennessee Academic Standard in the relevant subject-specific grade or course. The rubric shall also include any planned use of Supplemental Materials to address areas of misalignment, if any, with the Tennessee Academic Standards to ensure comprehensive coverage.

(l) Any additional evidence of the requested Textbook(s) and/or Instructional Materials’ quality.

(5) Waiver applications shall be submitted no later than March 15th of the local adoption year during the adoption cycle established by the Textbook Commission for the applicable subject area; provided, however, an LEA may submit an emergency waiver application outside of this established deadline for the applicable subject if emergency circumstances exist justifying the emergency waiver application. Emergency circumstances include:

(a) The LEA has submitted an application to the Department to implement its Continuous Learning Plan (CLP) as defined in State Board Rule 0520-01-17.

(b) The LEA has submitted an application to the Department to open a new virtual school.

(6) The Department shall assist the State Board staff in administering the Textbook and Instructional Materials waiver review process by providing staff to serve as subject-matter experts for each content area. The Department subject-matter experts shall provide feedback on the rubric developed by State Board staff for each completed and properly submitted waiver application no more than ninety (90) calendar days after receipt of the following from State Board staff:

(a) The completed and properly submitted LEA application; and (b) Access to the relevant Textbook(s) and/or Instructional Materials for which the waiver is being requested.

(7) State Board staff shall develop a process for review of completed and properly submitted waiver applications in consultation with the Department’s subject-matter experts.

(8) State Board staff may request additional information, clarifications, and/or revisions to waiver applications from the LEA prior to preparing a recommendation for the State Board.

(9) In consultation with Department subject-matter experts, State Board staff shall prepare and present a recommendation to the State Board on each completed and properly submitted waiver application, utilizing the rubric ratings provided by Department subject-matter experts, additional input from Department subject-matter experts, and information provided to State Board staff by the LEA. The recommendation shall address all factors outlined in Rule 0520- 01-18-.03. Textbook and Instructional Materials waiver applications that do not comply with the requirements of T.C.A. § 49-6-2202, T.C.A. § 49-6-2206, and all other relevant state laws shall not be recommended for approval or approved by the State Board.

(10) Waivers approved by the State Board shall remain in effect until the next adoption cycle for the course for which the waiver was granted, unless a shorter period of time is specified by the State Board or by the LEA. A waiver request application that has been denied by the State Board shall not be re-submitted by the LEA to the State Board for consideration during the term of the adoption cycle for the specific content area.

(11) A public charter school may apply for a waiver for the use of Textbooks and Instructional Materials in accordance with T.C.A. § 49-13-111.

History

Authority: T.C.A. § 49-6-2206.
Administrative History: Emergency rules filed August 26, 2020; effective through February 22, 2021. Emergency rules expired effective February 23, 2021, and the rules reverted to their previous statuses. Original rules filed December 17, 2020; effective March 17, 2021. Amendments filed August 5, 2021; effective November 3, 2021. Amendments filed June 18, 2025; effective September 16, 2025.

Tenn. Comp. R. & Regs. 0520-01-18-.03 FACTORS AFFECTING WAIVER DECISION

(1) In determining whether, in the State Board’s judgment, to approve a waiver application, the State Board may consider a number of factors, including, but not limited to:

(a) The explanation of the unique or unusual needs of the LEA necessitating the use of the requested Textbook(s) and/or Instructional Materials in the waiver application.

(b) Department subject-matter expert feedback, including the requested Textbook(s) and/or Instructional Materials’ alignment to Tennessee Academic Standards and, if necessary, the extent to which the LEA’s plan would remediate any areas of misalignment.

(d) Evidence of student outcomes based on the requested Textbook(s) and/or Instructional Materials, if applicable.

(e) Evidence of research or evaluation on the requested Textbook(s) and/or Instructional Materials’ quality, if applicable.

(f) Evidence of improved student outcomes in the LEA before and since utilizing Textbook(s) and/or Instructional Materials from waivers the LEA has been granted in the past, if applicable.

History

Authority: T.C.A. § 49-6-2206.
Administrative History: Emergency rules filed August 26, 2020; effective through February 22, 2021. Emergency rules expired effective February 23, 2021, and the rules reverted to their previous statuses. Original rules filed December 17, 2020; effective March 17, 2021. Amendments filed June 18, 2025; effective September 16, 2025.

Tenn. Comp. R. & Regs. 0520-05-01-.01 .

(c) “Supplemental Materials” means resources used to complement or enhance the State Board-approved Textbook and Instructional Materials for specific lessons, units, or topics, but which do not comprise the majority of standards for the subject-specific grade or course.

(d) “State Board” means the Tennessee State Board of Education.

(e) “The Department” means the Tennessee Department of Education.

(f) “Textbook Commission” means the Tennessee State Textbook and Instructional Materials Quality Commission established pursuant to T.C.A. § 49-6-2201.

(g) “LEA” means a Tennessee local education agency and has the same meaning given in T.C.A. § 49-1-103(2).

(h) “Local Board” means a Tennessee local board of education.

History

Authority: T.C.A. §§ 49-6-2202 and 49-6-2206.
Administrative History: Emergency rules filed August 26, 2020; effective through February 22, 2021. Emergency rules expired effective February 23, 2021, and the rules reverted to their previous statuses. Original rules filed December 17, 2020; effective March 17, 2021. Amendments filed June 18, 2025; effective September 16, 2025.

Chapter 0520-01-19 English as a Second Language Programs

Tenn. Comp. R. & Regs. 0520-01-19-.01 DEFINITIONS

(1) As used in this Chapter:

(a) “Characteristics of Dyslexia” means reading challenges that are identified when a student is:

Identified by the composite score created by the universal reading screener and/or the Early Warning System (in grades 9-12 only); and 2. Demonstrates deficiencies in fifty percent (50%) or more of the grade appropriate subtests of skills which support the goal of reading proficiently as identified by the Department’s Minimum Universal Reading Screening Matrix.

(b) “Co-Teaching Instruction” means the collaborative planning, organization, delivery, and assessment of instruction by a general education teacher and a teacher who holds an ESL endorsement that integrates content and language standards using an approved Direct ESL Service model to ensure ELs at all language proficiency levels have the opportunity to productively engage in grade level curriculum and develop both content and language skills.

(c) “Direct ESL Services” means English as a Second Language (ESL) services designed for speakers of other languages and provided pursuant to an ILP by a teacher with an ESL endorsement to teach EL students.

(d) “English Learner” or “EL” means an NELB Student who qualifies for ESL services via a Department of Education-adopted English Language Proficiency screener.

(e) “Fluent English Proficient” (FEP) means an EL student who meets the proficiency requirements of the Department of Education-adopted English language proficiency screener upon initial enrollment or a student who initially qualified as an EL Student and has met the approved exit criteria for Direct or Indirect ESL Services.

(f) “Home Language Survey” (HLS) means a survey delivered to parents or guardians within thirty (30) days of a student’s initial enrollment in public school to identify NELB Students who may be eligible for Direct or Indirect ESL Services.

(g) “ILP Team” means a team at the LEA or school level that creates the ILP for an EL student. At a minimum, the ILP Team shall include an EL student’s current and/or former general education teacher and current and/or former ESL teacher. ILP Team members may also include parents or guardians, school counselors, and other staff best suited to assess the language goals and needs of each EL student.

(h) “Indirect ESL Services” means ESL services that provide linguistically and academically appropriate accommodations and scaffolding pursuant to an ILP that are:

Provided as a result of parent(s) or guardian(s) waiving Direct ESL Services;
Provided by a general education teacher in the general education classroom; and 3. Designed to ensure EL Students have access to daily grade level instruction in English.

(i) “Individualized Learning Plan” or “ILP” means a document developed pursuant to this

Chapter that prescribes the academic goals, supports, and/or accommodations that an EL student needs to access classroom instruction.

(j) “Individualized Learning Plan - Dyslexia” or “ILP-D” means a document developed by the LEA for students with Characteristics of Dyslexia in accordance with T.C.A. § 49-1-229 and the State Board Dyslexia Individualized Learning Plan Rule Chapter 0520-01-22, that prescribes the academic goals, supports, and/or accommodations that a student may need to access classroom instruction.

(k) “LEA” means a Tennessee Local Education Agency and has the same meaning given in T.C.A. § 49-1-103(2).

(l) “Long-Term English Learners” means English Learners in year seven (7) of the ESL program who have not met the program’s exit criteria pursuant to this Chapter.

(m) “Minimum Universal Reading Screening Matrix” means a state-designed tool that identifies the subtests required at each grade level for all state-approved universal reading screeners and determines the grade appropriate subtests necessary for the screening process for Characteristics of Dyslexia.

(n) “Non-English Language Background (NELB) Student” means a student whose parent(s) or guardian(s) list a language other than English in response to any question on the home language survey. An NELB Student may or may not qualify for ESL services.

(o) "Pull-Out Instruction" means a teacher who holds an ESL endorsement delivers intensive language support to EL students in small groups or one-on-one settings outside of the general education classroom using an approved Direct ESL Service model.

(p) “RAEL” means a Recently Arrived English Learner as defined in the state’s plan required by the Every Student Succeeds Act.

(q) “Transitional EL” means an EL student who has met the exit criteria for Direct or Indirect ESL Services and is in the first four (4) years after exit.

History

Authority: T.C.A. §§ 49-1-302, 49-3-104, and 49-3-105; 42 U.S.C. § 2000d; and 20 U.S.C. § 1703.
Administrative History: New rule filed April 7, 2021; effective July 6, 2021. Amendments filed March 10, 2023; effective June 8, 2023. Amendments filed June 12, 2024; effective September 10, 2024.

Tenn. Comp. R. & Regs. 0520-01-19-.02 ANTI-DISCRIMINATION POLICIES AND PRACTICES

(1) LEAs shall have anti-discriminatory policies that preclude denial of equal education opportunities to individuals based on race, color, or national origin. In addition, LEAs shall ensure that EL students can meaningfully participate in their educational programs and services. LEA practices shall not result in the inappropriate placement of EL students in or the exclusion from special programs or activities based on English language proficiency or national origin.

(2) LEAs shall not deny enrollment to a student on the basis of the student’s or their parents’ or guardians’ actual or perceived citizenship or immigration status.

History

Authority: T.C.A. § 49-1-302; 42 U.S.C. § 2000d; and 20 U.S.C. § 1703.
Administrative History: New rule filed April 7, 2021; effective July 6, 2021.

Tenn. Comp. R. & Regs. 0520-01-19-.03 IDENTIFICATION, SCREENING, AND SERVICE DELIVERY

(1) EL student identification is a two (2)-step process that must be completed in the sequence detailed below within thirty (30) days of initial enrollment.

(2) Step One (1): Each LEA and public charter school shall administer a Home Language Survey (HLS) to identify NELB Students. An HLS should be completed only once in a student’s educational career. If the student has previously attended another LEA, the receiving school or LEA shall attempt to obtain the original HLS from the sending LEA. If the receiving LEA cannot obtain the original HLS after reasonable attempts to do so, it may re-administer the HLS, but shall mark it as a secondary HLS. If the original is found, it shall replace the secondary HLS in the student’s file.

(a) The HLS shall not require parents or guardians to answer questions about student immunization or student or familial immigration status.

(b) The HLS shall include, but not be limited to, questions that require the parent(s) or guardian(s) to address the following three (3) topics:

The first language the student learned to speak;
The language the student speaks most often at home; and 3. The language that is most often spoken to the student at home.

(c) If the parent(s) or guardian(s) list a language other than English for any question above, the student shall be classified as an NELB Student. Parents or guardians shall be interviewed to clarify any discrepancies in the HLS.

(3) Step Two (2): LEAs shall screen all NELB Students with a Department of Education-adopted English language proficiency screener identified in State Board Policy 3.207 to determine whether the student qualifies for ESL Services, unless an NELB Student has documentation from a previous state or LEA that he or she met the definition of Fluent English Proficient (FEP) on the Department-adopted screener. The determination must be completed within thirty (30) days of initial enrollment.

(a) NELB students shall be screened utilizing the screener identified in State Board Policy 3.207. The scores that identify a student as an EL student are further defined in State Board Policy 3.207.

(b) NELB students with a disability and NELB students who cannot access the traditional screener due to a suspected disability shall be screened using the alternate screener identified in Policy 3.207. The Department shall develop guidance to support school personnel in determining when to administer the alternate screener to students.

Rule unless a parent and/or guardian chooses to waive Direct ESL Services.

(4) Each LEA and public charter school shall:

(a) For every EL student who receives Direct ESL Services or Indirect ESL Services, develop and implement an ILP for each EL student that includes:

Assessment data from the Department-adopted English language proficiency assessment;
Relevant demographic data including but not limited to years of ESL service, Long Term English Learner status, and additional services the student receives such as special education or Response to Instruction and Intervention (RTI );
Data from other assessments may be included as available such as achievement assessments, relevant benchmark data, universal screener data, and Tennessee comprehensive assessment program (TCAP) data.
For EL students in grades Kindergarten through three (K-3), Direct ESL Services and language focused supports will be defined in the ILP that provide access to classroom instruction aligned to grade-level academic standards;
For EL students in grades four through twelve (4-12), Direct ESL Services and language, academic, and career-readiness supports that provide access to classroom instruction aligned to grade-level academic standards;
Strategies, scaffolds, and accommodations used in the delivery of Indirect ESL Services, as decided appropriate by the student’s ILP Team, that provide access to instruction;
Short-term goals that help the student proceed to the next proficiency level in the four (4) domains of language: reading, writing, speaking, and listening;
Growth trajectories for English language proficiency based on individual student data, as available; and 9. For Transitional EL students, appropriate ILPs must outline services in accordance with Transitional EL status and needs. In addition, the ILP must include the required components listed in parts two (2) and three (3) of this subparagraph as well as short-term academic goals, career readiness for grades 4-12, and scaffolds for access to instruction for grade K-12.

(b) Ensure that, at least annually, the student’s ILP Team reviews and revises, as necessary, each student’s ILP;

(c) Comply with the parent and legal guardian participation and notification requirements of this Chapter and Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.); and (d) Adopt and implement an oversight plan that outlines the development, implementation, and monitoring of ILPs for EL students in accordance with this Chapter and the Tennessee Investment in Student Achievement (TISA) guide. At a minimum, ILP oversight plans shall include procedures regarding:

The development of ILPs for all ELs within the LEA or public charter school;
The monitoring of ILPs quarterly;
The provision of intensified support for ELs not meeting growth expectations identified in the ILP;
Annual review and revision of ILPs by the ILP Team;
Parental communication and involvement in the ILP process;
The seamless coordination of services and supports for ELs with disabilities and/or Characteristics of Dyslexia;
Training for teachers providing Direct or Indirect ESL Services regarding ILP requirements, development, and implementation; and 8. The sufficient staffing and resources required to support the development and implementation of all ILPs across the LEA or public charter school.

(5) LEAs shall monitor authorized public charter schools to ensure compliance with this Chapter.

(6) Teachers shall monitor the academic and English language proficiency growth of EL students through benchmarking, progress-monitoring, formative assessments, and/or summative assessments at least quarterly. If an EL student is not meeting the growth expectations identified in his or her ILP, the student shall receive differentiated support so that he or she may advance more rapidly toward English language proficiency. Supports shall be implemented promptly after the ILP Team has determined the student is not on the expected growth trajectory.

(7) Provision of Direct ESL Services.

(a) EL students in elementary school identified for ESL services via a Department of Education-adopted English language proficiency screener described in State Board Policy 3.207 shall receive a minimum of one (1) hour of Direct ESL Service per school day from a teacher who holds an ESL endorsement, until the student achieves a qualifying score for exit on the Department-adopted English language proficiency assessment listed in State Board Policy 3.207 to be exited from Direct ESL Service or achieves a sufficient score on the Department-adopted English language proficiency assessment pursuant to State Board Policy 3.207 to have Direct or Indirect ESL Services modified by the ILP Team pursuant to paragraph (9) of this Rule.

(b) EL students in middle and high school identified for ESL services via a Department of Education-adopted English language proficiency screener described in State Board Policy 3.207 shall receive a minimum of one (1) hour of Direct ESL Service per school day or the equivalent of one (1) full-class period of at least 45 minutes in duration per school day, from a teacher who holds a license with an ESL endorsement, until the student achieves a qualifying score for exit on the Department-adopted English language proficiency assessment pursuant to State Board Policy 3.207 to be exited from Direct ESL Service or achieves a sufficient score on the Department-adopted English language proficiency assessment to have Direct or Indirect ESL Services modified by the ILP Team pursuant to paragraph nine (9) of this Rule.

(c) Parents or guardians of EL students shall be annually informed of the right to waive placement of their child(ren) in ESL programs, and each LEA shall provide the parent(s) or guardian(s) the option to waive Direct ESL Services before services are provided, or at any time during the course of the school year.

(d) If the parent(s) or guardian(s) waives Direct ESL Services for the student, the general education classroom teacher shall be responsible for providing Indirect ESL Services in the form of linguistically appropriate scaffolding and accommodations within the general education setting as described in the student’s ILP.

(8) LEAs shall ensure that all teachers who provide Direct or Indirect ESL Services are annually trained in delivering ESL instruction. At a minimum, this training shall include, but not be limited to:

(a) The Tennessee English language development (ELD) standards;

(b) Appropriate ESL instructional methods to use with grade-level academic content standards in English language arts, mathematics, science and social studies;

(c) English language acquisition training for general education teachers to understand the process of acquiring a second or subsequent language;

(d) Strategies for collaboration between teachers serving EL students so that ILPs are developed and implemented by all educators; and (e) The requirements regarding ILP development and implementation.

(9) EL students shall be assessed annually using the Department-adopted English language proficiency assessment identified in State Board Policy 3.207 to determine if the Direct ESL Services provided may be modified by the ILP Team.

(a) If applicable, LEAs may tailor the services provided to students, including providing less than one (1) hour of Direct Service per day or less than the equivalent of one (1) fullclass period of at least 45 minutes in duration per school day pursuant to paragraph (7) of this Rule and requirements specified in State Board Policy 3.207.

(10) An ESL Program may be provided through various service models. These service models shall be delivered through scheduled ELD-aligned course instruction, pull-out instruction, or coteaching instruction and may be provided in ESL classrooms, general education classrooms, in newcomer centers or programs for recently arrived ELs (RAELs), or virtual classrooms.

Direct ESL Services shall be provided utilizing one (1) or more of the following Departmentapproved service models:

(a) Sheltered English Instruction;

(b) Structured English Immersion;

(d) Content-Based Instruction (CBI);

(e) Heritage Language Instruction;

(f) Another model approved by the Department.

(11) All service models shall:

(a) Be evidence-based and effective;

(b) Provide effective language instruction educational programs that meet the needs of ELs and demonstrate success in increasing English language proficiency and student academic achievement; and (c) Be aligned to the Tennessee ELD standards.

(12) LEAs shall ensure that all EL students suspected of having a disability are located, identified, and evaluated for special education and related services in a timely manner, in accordance with the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973, and T.C.A. §§ 49-10-101, et seq.

(a) When conducting special education and/or Section 504 evaluations, LEAs shall consider the English language proficiency of EL students in determining the appropriate assessments and other evaluation materials to be used. EL students shall not be identified as students with disabilities solely because of their limited English language proficiency.

(b) LEAs shall provide EL students with disabilities with both the language assistance and disability-related services to which they are entitled under state and federal law.

(c) Neither Response to Instruction and Intervention (RTI ) nor special education services shall be used in place of Direct ESL Services.

(13) LEAs shall ensure that EL students suspected of having Characteristics of Dyslexia are screened and served in accordance with T.C.A. § 49-1-229 and the State Board Dyslexia Individualized Learning Plan Rule Chapter 0520-01-22.

(a) When conducting screenings for Characteristics of Dyslexia, LEAs shall consider the English language proficiency of EL students in determining the appropriate assessments and other evaluation materials to be used. EL students shall not be identified as having Characteristics of Dyslexia solely because of their limited English language proficiency.

(b) In addition to an ILP developed pursuant to this Chapter, an LEA shall provide to an EL student identified as having Characteristics of Dyslexia an Individualized Learning Plan - Dyslexia (ILP-D) in accordance with State Board Dyslexia Individualized Learning Plan Rules Chapter 0520-01-22. The EL’s ILP and ILP-D shall be coordinated to ensure the seamless provision of coherent and complete services and supports.

(14) Two (2) high school ESL courses shall be counted toward the four (4) English credits required for graduation. At least one (1) of the ESL courses counted toward graduation credit shall be counted toward credit in an English course with an end-of-course assessment. Additional high school ESL courses shall be counted as elective humanities credits.

History

Authority: T.C.A. §§ 49-1-302, 49-3-104, and 49-3-105; Chapter 966 of the Public Acts of 2022; 42 U.S.C. § 2000d; and 20 U.S.C. § 1703.
Administrative History: New rule filed April 7, 2021; effective July 6, 2021. Amendments filed December 14, 2021; effective March 14, 2022. Amendments filed March 10, 2023; effective June 8, 2023. Amendments filed June 12, 2024; effective September 10, 2024.

Tenn. Comp. R. & Regs. 0520-01-19-.04 PARENTAL NOTIFICATION AND RIGHTS

(1) LEAs shall communicate information related to identification, screening, and service delivery to the parent(s) or guardian(s) of EL students in the language and method that the parent(s) or guardian(s) can understand, to the extent practicable. Parent(s) or guardian(s) shall be informed of the ESL program type to be used, length of time expected for completion of ESL services, how the EL student was assessed for entrance to services, and options related to program types, if available.

(2) Notification to parents or guardians of EL students shall include:

(a) Their right to waive placement of their student in ESL programs;

(b) Their right to waive Direct ESL Service at any time; and (c) The scaffolding and accommodations to be provided in the general education setting via Indirect ESL Services if the parent(s) or guardian(s) waive Direct ESL Services.

History

Authority: T.C.A. § 49-1-302; 42 U.S.C. § 2000d; and 20 U.S.C. § 1703.
Administrative History: New rule filed April 7, 2021; effective July 6, 2021. Amendments filed June 12, 2024; effective September 10, 2024.

Tenn. Comp. R. & Regs. 0520-01-19-.05 STAFFING RATIOS

(1) LEAs shall:

(a) Provide adequate ESL staff to implement the chosen service model effectively, as documented by the progress in English language proficiency and academic content of their EL students.

(b) Adequately staff their ESL programs to meet state and federal requirements. This includes, but is not limited to, having sufficient staff to ensure meaningful communication to parents or guardians of EL students with limited English proficiency, to identify EL students, and to monitor transitional EL students.

(2) To meet the two (2) criteria of effective and compliant ESL programs, LEAs shall implement ESL programs based on the following staffing ratio standards:

(a) ESL class sizes shall not exceed state-mandated grade-level class size requirements; and (b) The LEA-wide ESL program staffing ratio shall be based on an average of no more than thirty-five (35) identified EL students per full-time equivalent ESL teacher unless an alternate staffing ratio is approved by the Department of Education.

(3) An alternative staffing ratio may only be approved when the LEA can show adequate academic growth and proficiency with the EL student population and can prove that EL students are receiving the required hours of service. LEAs seeking approval for a waiver for an alternate LEA-wide staffing ratio shall provide the following information upon application and, if approved, annually to the Department of Education:

(a) The number of EL students served;

(b) The proficiency levels of EL students;

(d) Evidence that no school in the LEA is an Additional Targeted Support and Intervention (ATSI) school based on the EL student accountability subgroup;

(e) The most recent analysis for the EL student subgroup for achievement assessments in reading/language arts, mathematics, and science;

(f) The proposed staffing ratio that will be used in place of the recommended thirty-five (35) to one (1) ratio; and (g) The justification for the alternate staffing ratio.

History

Authority: T.C.A. §§ 49-1-104 and 49-1-302; 42 U.S.C. § 2000d; and 20 U.S.C. § 1703.
Administrative History: New rule filed April 7, 2021; effective July 6, 2021. Amendments filed June 12, 2024; effective September 10, 2024.

Tenn. Comp. R. & Regs. 0520-01-19-.06 EXIT PROCESS

(1) EL students who attain the qualifying score for exit on the Department-adopted English language proficiency assessment identified in State Board Policy 3.207 shall be exited from Direct or Indirect ESL Services. Students who exit Direct or Indirect ESL Services shall be considered Transitional EL students for four (4) school years.

(2) Exited EL students in the first (1st) and second (2nd) years of transition are referred to as T1 and T2 respectively. Exited EL students in the third (3rd) and fourth (4th) years of transition are referred to as T3 and T4 respectively. However, T3 and T4 students shall be included in the LEA’s EL student subgroup with T1 and T2 students for accountability purposes.

(3) Transitional EL students shall be served in the general education classroom. T1 and T2 students shall be monitored for two (2) years.

(a) If a Transitional EL student demonstrates difficulty in the general education classroom or fails to meet ILP benchmarks, academic interventions should be provided by a general classroom teacher or a teacher with an ESL endorsement.

(4) Each LEA shall have a written reclassification procedure to be used for exited EL Students who require reentry into the ESL program that includes parent consent. The LEA shall apply its reclassification procedure if academic or non-academic interventions are unsuccessful.

(5) EL students who take alternate assessments for TCAP, as determined by their individualized education program (IEP) team, shall be considered for exit from ESL services through the criteria listed for the alternate English language proficiency assessment identified in State Board Policy 3.207.

(6) If a student was exited from ESL services by another state, the exit shall stand as valid.

History

Authority: T.C.A. § 49-1-302; 42 U.S.C. § 2000d; and 20 U.S.C. § 1703.
Administrative History: New rule filed April 7, 2021; effective July 6, 2021. Amendments filed March 10, 2023; effective June 8, 2023. Amendments filed June 12, 2024; effective September 10, 2024.

Chapter 0520-01-20 Residential Mental Health Facilities

Tenn. Comp. R. & Regs. 0520-01-20-.01 PURPOSE

The purpose of this Chapter is to establish procedures for approving educational programs or instructional services provided by Residential Mental Health Facilities and for the allocation of funding to Residential Mental Health Facilities as required by T.C.A. § 49-3-370.

History

Authority: T.C.A. § 49-3-370.
Administrative History: New rules filed February 23, 2022; effective May 24, 2022.

Tenn. Comp. R. & Regs. 0520-01-20-.02 DEFINITIONS

(1) “Applicant” means an out-of-state Residential Mental Health Facility that seeks to receive LEA per pupil state and local funds on a prorated daily basis for the length of a Tennessee Student’s stay.

(2) “Capacity” means a bed available in a Tennessee Residential Mental Health Facility to deliver the appropriate mental health treatment to the Student at the time the Student is admitted to the out-of-state Facility.

(3) “Category 1-Special Purpose School” means a non-public school approved individually by the Tennessee Department of Education that addresses a Student’s education while receiving short-term medical or transient care.

(4) “Department” means Tennessee Department of Education.

(5) “Facility” or “Residential Mental Health Facility” means a facility which provides twenty-four (24) hour residential treatment and habilitation. The focus of the program may be on short-term stabilization or longer-term treatment and habilitation. The program must provide or arrange for an education component in compliance with this Chapter.

(6) “FAPE” means a free appropriate public education in compliance with the Individuals with Disabilities Act (“IDEA”), 20 U.S.C. §§ 1400 et seq.

(8) “IEP Team” means a group of individuals described in 34 CFR § 300.321 that is responsible for developing, reviewing, or revising an IEP for a child with a disability.

(9) “LEA” means a Tennessee Local Education Agency and has the same meaning given in T.C.A. § 49-1-103(2).

(10) “Physician Attestation Form” means a form signed and dated by the Qualified Physician that contains the patient’s name and the dates of admission.

(11) “Qualified Physician” means a person who is licensed under T.C.A. Title 63, Chapter 6 or T.C.A.

Title 63, Chapter 9 or similar statute in another jurisdiction and who is the professional treating the Student for the medical condition requiring admittance to a Residential Mental Health Facility.

(12) “School Year” means July 1 to June 30 for the purposes of determining enrollment.

(13) “Standard Initial Application Form” means a document whereby an out-of-state Facility may seek to receive approval by the Department to receive LEA per pupil state and local funds on a prorated daily basis for the length of a Tennessee Student’s stay.

(14) “Standard Application Renewal Form” means a document whereby an approved out-of-state Facility may seek to receive continued approval by the Department to receive LEA per pupil state and local funds on a prorated daily basis for the length of a Tennessee Student’s stay.

(15) “Student” means a child enrolled in a Tennessee public school, grades Kindergarten through grade twelve (K-12), and who is admitted to the Facility pursuant to this Chapter.

History

Authority: T.C.A. § 49-3-370.
Administrative History: New rules filed February 23, 2022; effective May 24, 2022. Amendments filed August 24, 2023; effective November 22, 2023. Emergency rules filed August 14, 2024; effective through February 10, 2025. Emergency rules expired effective February 11, 2025, and the rules reverted to their previous statuses. Amendments filed January 31, 2025; effective May 1, 2025.

Tenn. Comp. R. & Regs. 0520-01-20-.03 APPROVAL OF OUT-OF-STATE FACILITIES

(1) The Department shall administer an application process for out-of-state Facilities to be eligible to receive LEA per pupil state and local funds prorated for the length of an admitted Student’s stay.

(2) An Applicant shall complete and submit the Standard Initial Application Form in accordance with the Department’s application process. Applicants may apply for initial approval throughout the calendar year.

(a) The Department shall make a determination and notify the Applicant of initial approval or denial within thirty (30) business days of receipt of a completed Standard Initial Application Form.

(3) Applicants shall submit documentation to support that the Facility meets the following requirements:

(a) Operates in Alabama, Arkansas, Georgia, Kentucky, Mississippi, Missouri, North Carolina, or Virginia;

(b) Complies with all applicable health and safety laws, regulations, and codes of the state and locality in which the Facility is located;

(c) All teachers at the Facility are licensed by the educator licensing authority of the state in which the Facility is located;

(d) Has at least one (1) teacher with an endorsement in special education or a certification that the Department determines equivalent to an endorsement in special education in Tennessee based on similar training and experience requirements to provide special education and related services to admitted Students;

(e) Provides a minimum of sixteen and one-half (16½) hours per week of educational instructional services to Students, unless the Student’s IEP provides otherwise; and (f) The Applicant’s educational programs or instructional services meet the same requirements as a Category I-Special Purpose School, as applicable, pursuant to State Board of Education Rules Chapter 0520-07-02.

The Department may request additional documentation from the Applicant to make a determination whether or not the Applicant’s educational programs or instructional services meet the same requirements as a Category I-Special

Purpose School, as applicable. Additional documentation includes, but is not limited to, documentation of teacher licensure and evaluations, employee background checks, parent and teacher handbooks, school calendar, examples of teacher and student daily schedules, and documentation of curriculum used.

(4) An approved out-of-state Facility shall reapply annually to the Department for continued approval in order to remain eligible to receive LEA funds for the length of an admitted Student’s stay. To reapply, a Facility shall complete and submit the Standard Renewal Application Form in accordance with the Department’s procedures no later than one (1) calendar year from the date of initial or last renewal approval.

(a) The Department shall make a determination and notification to the Applicant of approval or denial within thirty (30) business days of receipt of the completed Standard Renewal Application Form.

History

Authority: T.C.A. § 49-3-370.
Administrative History: New rules filed February 23, 2022; effective May 24, 2022. Emergency rules filed August 14, 2024; effective through February 10, 2025. Emergency rules expired effective February 11, 2025, and the rules reverted to their previous statuses. Amendments filed January 31, 2025; effective May 1, 2025.

Tenn. Comp. R. & Regs. 0520-01-20-.04 STUDENT ADMISSION

(1) An LEA shall only allocate per pupil state and local funds on a prorated daily basis to an approved out-of-state Facility for the length of the Student’s stay under the following conditions:

(a) The Student is admitted to the out-of-state Facility under a signed, written order of a Qualified Physician, the order being based upon both medical necessity and the most appropriate medical services for the Student;

(b) There were no facilities in Tennessee with the capacity to deliver the appropriate mental health treatment to the Student at the time the Student is admitted to the out-of-state Facility;

(c) The Student admitted to the Facility was enrolled in and attended a public school in this state immediately preceding the Student’s admission to the Facility; and (d) The Student’s parents or legal guardians are residents of this state at the time of the Student’s admission to the Facility.

(2) An LEA may require a Physician Attestation Form to be submitted to the LEA prior to the disbursement of funds to the out-of-state Facility.

History

Authority: T.C.A. § 49-3-370.
Administrative History: New rules filed February 23, 2022; effective May 24, 2022. Emergency rules filed August 14, 2024; effective through February 10, 2025. Emergency rules expired effective February 11, 2025, and the rules reverted to their previous statuses. Amendments filed January 31, 2025; effective May 1, 2025.

Tenn. Comp. R. & Regs. 0520-01-20-.05 COMPLIANCE AND MONITORING

(1) The LEA and out-of-state Facility in which the Student enrolls shall establish a placement agreement outlining the responsibilities of the LEA and the responsibilities of the out-of-state Facility, including responsibilities regarding the provision of FAPE and special education and related services for Students who have an IEP. At minimum, the placement agreement shall certify the Facility intends to meet the following requirements when providing services to an admitted Student:

(a) Provides a minimum of sixteen and one-half (16½) hours per week of educational instructional services to admitted Students unless the Student’s IEP provides otherwise;

(b) Implements the Student’s IEP as written at the time of the medical placement decision and as subsequently amended by the Student’s IEP team during the Student’s stay at the Facility, if the Student has an IEP; and (c) Has a sufficient number of teachers with an endorsement in special education or a certification that the Department determines to be equivalent to an endorsement in special education in Tennessee to comply with Student IEPs as written at the time of the medical placement decision, or as revised by the IEP team as appropriate per 34 CFR §§ 300.324(b) if the Student has an IEP. The out-of-state Facility shall have the capacity to implement all special education and related services by the endorsed service provider as stated and required in Students IEPs and to offer FAPE.

(2) The out-of-state Facility shall consult with the Student’s LEA to determine how the Facility will best provide core instruction in, at a minimum, English Language Arts and Mathematics for the Student, as well as arranging for required Tennessee state assessments when applicable.

(a) If the Student has an IEP, the out-of-state Facility staff shall participate in the Student’s IEP team meetings to inform the instructional programming needs of the Student.

(3) The out-of-state Facility shall report the attendance of each admitted Student to the public school in the LEA in which the Student is enrolled.

(4) If an LEA allocates funds to an out-of-state Facility pursuant to this Chapter, then the LEA shall report any non-compliance of the Facility to the Department, including, but not limited to:

(a) The Facility failed to implement the Student’s IEP if the Student has an IEP;

(b) The Facility failed to report daily attendance to the public school in the LEA in which the Student is enrolled; or (c) The Facility failed to comply with applicable state and federal laws or this Chapter.

(5) Additionally, if the Department determines the out-of-state Facility has failed to comply with the requirements of T.C.A. § 49-3-370(b), this Chapter, or all other applicable state and federal laws, then the LEA shall cease the allocation of funding as provided in this Chapter.

(a) The Department shall notify the out-of-state Facility of noncompliance within five (5) business days of discovery of noncompliance. The notification shall state reasons for noncompliance and that the Facility is no longer approved and not eligible to receive LEA per pupil state and local funds until the noncompliance is corrected.

(b) A Facility that has been notified by the Department of noncompliance shall lose its approval from the Department until the noncompliance is corrected.

(6) If the out-of-state Facility loses its approval from the Department due to noncompliance, the Facility may file an appeal to the Department. Appeals shall be filed pursuant to the following two (2) step appeal process:

(a) Step one (1): The appeal shall be on the form provided by the Department and shall be submitted to the Department within ten (10) business days of receipt of the notice of loss of approval. Notice shall be provided electronically and is deemed received at the time the Department sends the email notification. The appeal shall be reviewed by the Commissioner of Education, or the Commissioner’s designee, and a decision shall be issued within forty-five (45) calendar days of receipt of the completed appeal form by the Department. The Applicant shall be notified of the Commissioner’s decision in the step one (1) appeal electronically. Such notice shall be deemed received at the time the Department sends the email to the Applicant.

(b) Step two (2): An appeal of the Commissioner’s or the Commissioner’s designee’s decision in step one (1) shall be filed with the Department by the Applicant within thirty (30) calendar days of notice of the step one (1) decision. Step two (2) appeals shall be heard before an administrative law judge via an administrative contested case hearing governed by the Uniform Administrative Procedures Act (T.C.A. Title 4, Chapter 5).

(c) A party who is aggrieved by a final decision in a step two (2) contested case hearing is entitled to judicial review pursuant to T.C.A. § 4-5-322.

History

Authority: T.C.A. § 49-3-370.
Administrative History: New rules filed February 23, 2022; effective May 24, 2022. Amendments filed August 24, 2023; effective November 22, 2023. Emergency rules filed August 14, 2024; effective through February 10, 2025. Emergency rules expired effective February 11, 2025, and the rules reverted to their previous statuses. Amendments filed January 31, 2025; effective May 1, 2025.

Tenn. Comp. R. & Regs. 0520-01-20-.06 CALCULATION OF FUNDS

(1) The LEA shall allocate funding to the out-of-state Facility in an amount equal to the per pupil state and local funds received by the LEA on a prorated daily basis for the Student’s length of stay, provided that the Facility and Student meets the requirements of this Chapter.

(2) The daily rates shall be calculated by the Department each School Year.

(3) The Department shall calculate the daily rate of funds to be transferred from the LEA to the Facility as follows:

(b) The per pupil state and local funding is then divided by the one hundred eighty (180) days to equal the total daily rate.

(4) An approved Facility shall receive funds only for the days during which the Student is served during the regular one hundred eighty (180)-day School Year.

(5) The funding specified in this Chapter shall be in addition to funds allocated pursuant to federal law and regulation, including, but not limited to, Title I and Elementary and Secondary Education Act (ESEA) funds.

(6) The calculation of funds as specified in this rule also applies to funding for Students admitted to a Tennessee state-licensed Residential Mental Health Facility pursuant to T.C.A. § 49-3- 370(a).

History

Authority: T.C.A. § 49-3-370.
Administrative History: New rules filed February 23, 2022; effective May 24, 2022. Amendments filed August 24, 2023; effective November 22, 2023.

Chapter 0520-01-21 Civil Rights Compliance

Tenn. Comp. R. & Regs. 0520-01-21-.01 DEFINITIONS

(1) “Charter School” means a public charter school as defined at T.C.A. § 49-13-104.

(2) “Complainant” means an individual who has filed an allegation or report of harassment or discrimination under Title VI or Title IX with TOCR.

(3) “Complaint” means a report or notice of discrimination or harassment under Title VI or Title IX filed with TOCR.

(4) “Department” means the Tennessee Department of Education.

(5) “Federal Financial Assistance” means the definition of “federal financial assistance” provided at 34 C.F.R. § 100.13(f) and §106.2(g).

(6) “LEA” means local education agency and has the same meaning given in T.C.A. § 49-1-103(2).

(7) “Pass-through Entity” means a non-Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program.

(8) “Records” include, but are not limited to, original or copies of the following: the complaint, investigative notes, investigation reports, evidence logs, transcripts or video documentation of testimony, electronic files and communications, photographs and evidentiary documents, lists of all personnel and witnesses involved in proceedings, resolution agreements, findings or determinations of responsibility, and appeal documents; or for the purposes of Title IX sexual harassment allegations, items prepared and maintained in accordance with 34 C.F.R. § 106.45(b)(10).

(9) “Title VI” means Title VI of the Civil Rights Act of 1964, a federal statute codified at 42 U.S.C. §§ 2000d et seq. that prohibits discrimination based on race, color, or national origin in programs or activities receiving Federal Financial Assistance.

(10) “Title IX” means Title IX of the Education Amendments of 1972, a federal statute codified at 20 U.S.C. §§ 1681 et seq. that prohibits discrimination based on sex in education programs and activities that receive Federal Financial Assistance.

(11) “TOCR” means the Tennessee Department of Education Office for Civil Rights.

History

Authority: T.C.A. §§ 49-1-102, 49-1-302, and 49-3-201; 42 U.S.C. §§ 2000d, et seq.; 20 U.S.C. §§ 1681, et seq.; 34 C.F.R. Part 100; and 34 C.F.R. Part 106.
Administrative History: New rules filed July 19, 2022; effective October 17, 2022. October, 2022 2

Tenn. Comp. R. & Regs. 0520-01-21-.02 PURPOSE

The purpose of this chapter is to assist in Department, LEA, and Charter School compliance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681 et seq.).

History

Authority: T.C.A. §§ 4-4-123, 49-1-102, 49-1-302, and 49-3-201; 42 U.S.C. §§ 2000d, et seq.; 20 U.S.C. §§ 1681, et seq.; 34 C.F.R. Part 100; and 34 C.F.R. Part 106.
Administrative History: New rules filed July 19, 2022; effective October 17, 2022.

Tenn. Comp. R. & Regs. 0520-01-21-.03 TOCR RESPONSIBILITIES

(1) TOCR shall:

(a) Ensure LEA or Charter School compliance with Titles VI and IX and this chapter pursuant to its obligations under 34 C.F.R. 76.770 and as a Pass-through Entity under 2 C.F.R. § 200.332;

(b) Provide training and technical assistance to LEAs and Charter Schools regarding compliance with Titles VI and IX, and this chapter and any state statutes relevant to compliance with Titles VI and IX including, but not limited to T.C.A. Title 39 and Title 49, upon request;

(d) Annually complete a Title IX compliance report and implementation plan in accordance with T.C.A. § 4-4-123;

(e) Annually submit a Title VI compliance report and implementation plan in accordance with T.C.A. § 4-21-901;

(f) Annually submit a civil rights and bullying compliance report to the education committees of the General Assembly pursuant to T.C.A. § 49-6-4503; and (g) Maintain all Records or other investigative actions or resolution actions in accordance with federal, state, and local record retention laws, rules, and policies.

History

Authority: T.C.A. §§ 4-4-123, 4-21-901, 49-1-102, 49-1-302, 49-3-201, and 49-6-4503; 42 U.S.C. §§ 2000d, et seq.; 20 U.S.C. §§ 1681, et seq.; 34 C.F.R. Part 100; and 34 C.F.R. Part 106.
Administrative History: New rules filed July 19, 2022; effective October 17, 2022.

Tenn. Comp. R. & Regs. 0520-01-21-.04 TOCR INVESTIGATIONS

(1) Upon receiving a Complaint arising under Title VI or Title IX, TOCR shall:

(a) Assign the Complaint a complaint number and enter such into a log or electronic filing system that is maintained in accordance with the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g as well as the Tennessee Open Records Act and any other applicable state laws;

(b) Contact the Complainant to obtain any additional information or clarification, as needed;

(c) Determine if TOCR has jurisdiction to investigate; and October, 2022 3 (d) Send an acknowledgement letter to the Complainant stating whether TOCR will pursue an investigation.

(2) The following timeliness requirements apply to TOCR’s investigation of a Complaint arising under Title IV or Title IX:

(a) TOCR may investigate allegations that have been filed within one hundred eighty (180) days of the date on which the discrimination or harassment is alleged to have occurred.

(b) If the Complaint alleges discrimination or harassment of an ongoing or continuous nature, TOCR shall include older events in its investigation as long as the most recent event of the ongoing discrimination or harassment occurred within one hundred eighty (180) days of submitting the Complaint.

The Complainant could not reasonably be expected to have known the act was discriminatory or harassment within the one hundred eighty (180) calendar day period and the Complaint was filed within sixty (60) calendar days after the Complainant could have become aware of the alleged discrimination or harassment. Lack of previous awareness of TOCR’s complaint process or the civil rights laws and regulations enforced by TOCR shall not be a basis for a waiver;
The Complainant was unable to file a Complaint because of incapacitating illness or other incapacitating circumstances during the one hundred eighty (180) calendar day period that rendered the Complainant physically or mentally incapable of filing a Complaint or obtaining assistance so that a Complaint could be filed on their behalf, the Complainant provides to TOCR documentation demonstrating such lack of capacity, and the Complaint allegation was filed within sixty (60) calendar days after the incapacitation ended;
The Complainant filed a complaint alleging the same or similar allegation based on the same operative facts within the one hundred eighty (180) calendar day period in federal or state court, and filed a Complaint with TOCR within sixty (60) calendar days after there had been no decision on the merits or settlement of the complaint allegations. Dismissal with prejudice shall be considered a decision on the merits;
The Complainant filed a complaint alleging the same or similar allegation based on the same operative facts within the one hundred eighty (180) calendar day period with another federal, state or local agency, and filed a Complaint with TOCR within sixty (60) calendar days after the other agency completed its investigation; or 5. The Complainant filed, within the one hundred eighty (180) calendar day period, an internal grievance with their school or LEA or Charter School alleging the same discriminatory or harassing conduct that is the subject of the TOCR Complaint, and the Complaint is filed no later than sixty (60) calendar days after the internal grievance is concluded.

(3) If TOCR opens an investigation, it shall send a copy of the Complaint and a letter to the LEA and/or Charter School requesting a response.

(a) The LEA or Charter School’s response shall be provided by the deadline set by TOCR and shall include the information requested by TOCR and any relevant documentation October, 2022 4 and witness information the LEA or Charter School believes will aid TOCR in properly investigating and resolving the allegations.

(4) The LEA or Charter School shall make available to TOCR all Records, information, documents, personnel, students, and evidence needed to resolve the investigation.

(5) TOCR shall maintain the confidentiality of confidential student information in accordance with FERPA, as well as any other records that are confidential under the Tennessee Public Records Act or other state laws;

(6) Failure of the LEA or Charter School to provide necessary documentation, grant necessary interviews, or respond to specified questions, may result in a finding of noncompliance against the LEA or Charter School.

(7) An LEA or Charter School may ask to resolve the Complaint with a resolution agreement before TOCR completes its investigation.

(8) In accordance with Department procedures, TOCR and the LEA or Charter School may execute a resolution agreement in order to execute a mutually agreeable early resolution prior to the conclusion of the full investigation.

(9) At the conclusion of an investigation, TOCR shall determine that there is either sufficient or insufficient evidence to support a conclusion of noncompliance. In its investigative summary and findings, TOCR shall include:

(a) A statement of the issues raised by the Complainant;

(b) A statement of TOCR’s jurisdiction over the Complaint;

(c) TOCR’s determination of sufficient or insufficient evidence to conclude noncompliance; and (d) A clear explanation of the pertinent legal standard and factual analysis, referencing the evidence relied upon in making the determination.

(10) The Complainant or LEA or Charter School may file a written request for reconsideration to the Department of Education’s Office of General Counsel (“OGC”).

(a) The request for reconsideration shall be as specific as possible and highlight factual or legal concerns that could change the disposition of the case. General dissatisfaction with the investigative summary and findings shall not be a sufficient basis for a request for reconsideration.

(b) In its review, the OGC shall examine the documentation obtained throughout TOCR’s investigation. If deemed prudent by the OGC, the OGC may, in limited circumstances, request and include in the review additional responses or submissions from the Complainant and/or the LEA or Charter School. It may also be necessary to re-interview certain witnesses if Records do not reflect clear responses to the alleged violations of law. The OGC shall not consider issues or concerns that were not raised during the initial investigation.

(11) In addition, the Complainant or LEA or Charter School may directly file for review of the Department’s initial decision or reconsideration decision with the U.S. Department of Education Office for Civil Rights.

October, 2022 5 (12) If TOCR determines that the evidence supports a conclusion that the LEA or Charter School failed to comply with applicable regulations, TOCR shall negotiate a resolution agreement with the LEA or Charter School after issuing its investigative summary and findings.

(13) Any resolution agreement entered into between TOCR and an LEA or Charter School shall include a corrective action plan which provides:

(a) The purpose of the plan;

(b) Specific acts or steps the LEA or Charter School will take to resolve compliance issues, if applicable;

(c) Dates for implementing each act or step and anticipated completion; and (d) Dates for submission of reports and documentation verifying implementation.

(14) TOCR shall provide a copy of the signed resolution agreement entered into between TOCR and an LEA or Charter School to the LEA or Charter School. TOCR shall monitor resolution agreements to ensure LEA or Charter School compliance with the terms of each agreement.

(a) TOCR may require the LEA or Charter School to submit written reports and documentation that provides evidence of the LEA or Charter School’s continued compliance with the resolution agreement.

(b) TOCR shall provide written notice to the LEA or Charter School of any deficiencies in implementation and shall request immediate and appropriate action to address those deficiencies. When necessary, TOCR shall require additions to the resolution agreement to address the failure of the LEA or Charter School to fully implement commitments in the original agreement.

(15) TOCR may permit modification or termination of the resolution agreement or corrective action plan if it learns that circumstances have arisen that either fully resolve or render moot some or all of the compliance concerns that were addressed by the resolution agreement.

(16) TOCR may modify the resolution agreement or corrective action plan in response to changes in controlling case law, statutes, and/or regulations.

(17) Modification or termination of any resolution agreement provision may be granted on a caseby-case basis. The Complainant shall be notified, in writing, of significant modifications or termination of the resolution agreement.

(18) TOCR shall conclude the monitoring of a case when it determines that the LEA or Charter School has fully implemented the terms of the resolution agreement. The LEA or Charter School and Complainant shall be promptly notified, in writing, of the conclusion of monitoring.

History

Authority: T.C.A. §§ 49-1-102, 49-1-302, and 49-3-201; 42 U.S.C. §§ 2000d, et seq.; 20 U.S.C. §§ 1681, et seq.; 34 C.F.R. Part 100; and 34 C.F.R. Part 106.
Administrative History: New rules filed July 19, 2022; effective October 17, 2022.

Chapter 0520-01-22 Dyslexia Individualized Learning Plans

Tenn. Comp. R. & Regs. 0520-01-22-.01 CHAPTER DEFINITIONS

(1) “Characteristics of Dyslexia” means reading challenges that are identified when a student is:

(a) Identified by the composite score of the universal reading screener and/or the Early Warning System (in grades 9-12 only); and (b) Demonstrates deficiencies in fifty percent (50%) or more of the grade-appropriate subtests of skills which support the goal of reading proficiently as identified by the Department’s Minimum Universal Reading Screening Matrix.

(2) “Dyslexia” is a specific learning disability as defined in State Board Special Education Rules

Chapter 0520-01-09 that is neurobiological in origin. It is characterized by difficulties with accurate and/or fluent word recognition and by poor spelling and decoding abilities. These difficulties typically result from a deficit in the phonological component of language that is often unexpected in relation to other cognitive abilities and the provision of effective classroom instruction. Secondary consequences may include problems in reading comprehension and reduced reading experience that can impede growth of vocabulary and background knowledge.

(3) “Early Warning System” means a tool that allows school-level teams to manage attendance, behavior, and academic performance indicators that may impact academic performance and/or indicate other risk factors for high school students.

(4) “English Learner” (EL) means a Non-English Language Background (NELB) student who qualifies for English as a second language (ESL) services via a Department of Education approved English language Proficiency screener.

(5) “Individualized Learning Plan - Dyslexia” or “ILP-D” means a document developed by the LEA or public charter school for students with Characteristics of Dyslexia in accordance with T.C.A. § 49-1-229 and this Chapter that prescribes the academic goals, supports, and/or accommodations that a student may need to access classroom instruction, in addition to exit criteria.

(6) “Local Education Agency” or “LEA” means, pursuant to T.C.A. § 49-3-104(15), a county, city, or special school district, unified school district, school district of a metropolitan form of government, or another school system established by law.

(7) “Minimum Universal Reading Screening Matrix” means a state-designed tool that identifies the subtests required at each grade level for all state-approved universal reading screeners and determines the grade-appropriate subtests necessary for the screening process for Characteristics of Dyslexia.

(8) “Nationally Normed” means screener scores, classifications, and score distribution percentiles are reported and calibrated using a representative national sample.

(9) “Non-English Language Background (NELB) Student” means a student whose parent(s) or guardian(s) list a language other than English in response to any question on the home language survey. A NELB student may or may not qualify for ESL services.

(10) “Response to Instruction or Intervention” or “RTI ” means a multi-tiered approach focused on prevention and early intervention that uses a data-driven problem-solving model to identify and address areas of academic need. RTI is founded on high-quality core instruction for all students (i.e., Tier I), the addition of targeted intervention for some students (i.e., Tier II), and intensive intervention for a few students (i.e., Tier III).

(11) “State Board” means the Tennessee State Board of Education.

(12) “Student” means an individual enrolled in a public K-12 LEA or a public charter school.

History

Authority: T.C.A. §§ 49-1-102, 49-1-229, 49-1-302, 49-3-104, and 49-3-105.
Administrative History: Emergency rules filed August 19, 2022; effective through February 15, 2023. Emergency rules expired effective February 16, 2023, and the rules reverted to their previous statuses. New rules filed February 24, 2023; effective May 25, 2023.

Tenn. Comp. R. & Regs. 0520-01-22-.02 DYSLEXIA INDIVIDUALIZED LEARNING PLANS

(1) In accordance with T.C.A. § 49-1-229 and Tennessee Department of Education Rule 0520-12- 05-.04:

(a) A Student in grades kindergarten through three (K-3) is determined to have Characteristics of Dyslexia if the Student:

Falls below the 25 th percentile on the composite score on the Tennessee universal reading screener provided by the Department or on a Nationally Normed, skillsbased universal reading screener approved by the State Board as set forth in State Board Rule 0520-01-03-.15;
Displays deficits in fifty percent (50%) or more of the grade-appropriate subtests identified by the state’s Minimum Universal Reading Screening Matrix which could include the following areas:

(i) Phonological awareness;

(ii) Phonemic awareness;

(iii) Sound symbol recognition;

(iv) Alphabet knowledge;

(v) Decoding skills;

(vi) Rapid naming; or (vii) Encoding skills; and 3. As observed and agreed upon by both the Student’s teacher and parent(s) or guardian(s), has demonstrated the Characteristics of Dyslexia as described in the Dyslexia Resource Guide, developed pursuant to T.C.A. § 49-1-229.

(b) A Student in grades four through eight (4-8) is determined to have Characteristics of Dyslexia if the Student:

Falls below the 25 th percentile on the composite score on a Nationally Normed, skills-based universal reading screener;
Displays deficits in fifty percent (50%) or more of the grade-appropriate subtests identified by the state’s Minimum Universal Reading Screening Matrix which could include the following areas:

(i) Phonological awareness;

(ii) Phonemic awareness;

(iii) Sound symbol recognition;

(iv) Alphabet knowledge;

(v) Decoding skills;

The LEA’s or public charter school’s Early Warning System detects that the Student may be at-risk for a reading deficit;
The Student displays deficits in fifty percent (50%) or more of the gradeappropriate subtests identified by the state’s Minimum Universal Reading Screening Matrix for grades 9-12 which could include the following areas:

(i) Phonological awareness;

(ii) Phonemic awareness;

(iii) Sound symbol recognition;

(iv) Alphabet knowledge;

(v) Decoding skills;

(d) Each LEA and public charter school shall:

Develop for Students with Characteristics of Dyslexia in grades Kindergarten through three (K-3), a language-focused ILP-D that provides appropriate tiered dyslexia-specific interventions in accordance with T.C.A. § 49-1-229, Tennessee Department of Education Rule 0520-12-05-.04 and the Tennessee Investment in Student Achievement (TISA) Guide created by the Department, and designed to provide access to instruction aligned to grade-level academic standards;
Develop for Students with Characteristics of Dyslexia in grades four through twelve (4-12), an ILP-D that provides appropriate tiered dyslexia-specific intervention in accordance with T.C.A. § 49-1-229, Tennessee Department of Education Rule

Tenn. Comp. R. & Regs. 0520-12-05-.04 and the Tennessee Investment in Student Achievement (TISA)

Guide created by the Department, and designed to provide access to instruction aligned to grade-level academic standards and access to assistive technology supports;

At least annually, review and revise each Student’s ILP-D;
Notify in writing the parent(s) or legal guardian(s) of a Student with Characteristics of Dyslexia:

(i) Before implementing the Student’s ILP-D;

(ii) Of progress monitoring data;

(iii) Regarding the special education referral process; and (iv) Of the parent’s or legal guardian’s right to decline an ILP-D and that declining an ILP-D does not constitute a waiver of RTI services; and 5. Adopt and implement an oversight plan that outlines the development, implementation, and monitoring of ILP-Ds for Students with Characteristics of Dyslexia in accordance with Tennessee Department of Education Rule 0520-12- 05-.04 and the Tennessee Investment in Student Achievement (TISA) Guide. At a minimum, ILP-D oversight plans shall include procedures regarding:

(i) The development of ILP-Ds for all students with Characteristics of Dyslexia in the LEA or public charter school;

(ii) The monitoring of student progress on ILP-Ds quarterly;

(iii) Annual review and revision of ILP-Ds;

(iv) Communication with parents and/or legal guardians and notification regarding ILP-Ds;

(v) The special education referral process and how the LEA will ensure RTI is not used to delay or deny special education evaluations;

(vi) The seamless coordination of services and supports for Students with Characteristics of Dyslexia who are also English Learners and/or students with disabilities;

(vii) Identification of school-based staff who are responsible for developing and implementing ILP-Ds;

(viii) Training for appropriate staff regarding ILP-D requirements, development, and implementation; and (ix) The sufficient staffing and resources required to support the development and implementation of all ILP-Ds across the LEA or public charter school.

(e) LEAs shall monitor authorized public charter schools to ensure compliance with this

Chapter.

(f) A Student with Characteristics of Dyslexia shall not have an ILP-D if:

A parent or legal guardian declines an ILP-D;
The Student with an ILP-D is subsequently determined eligible for special education and related services to support deficiencies in the area(s) of basic reading, reading fluency, or reading comprehension; or 3. The Student has a primary or secondary eligibility category on the Student’s finalized IEP to support deficiencies in the area(s) of basic reading, reading fluency, or reading comprehension.

(g) LEAs shall ensure that EL students suspected of having Characteristics of Dyslexia are screened and served in accordance with T.C.A. § 49-1-229 and the State Board Rule

Chapter 0520-01-19. In addition to an ILP-D developed pursuant to this Chapter, an LEA shall provide to an EL student identified as having Characteristics of Dyslexia an individualized learning plan (ILP) in accordance with the State Board Rule Chapter 0520- 01-19. The EL student’s ILP and ILP-D shall be coordinated to ensure the seamless provision of coherent and complete services and supports.

History

Authority: T.C.A. §§ 49-1-229, 49-1-302, and 49-3-104.
Administrative History: Emergency rules filed August 19, 2022; effective through February 15, 2023. Emergency rules expired effective February 16, 2023, and the rules reverted to their previous statuses. New rules filed February 24, 2023; effective May 25, 2023.

Chapter 0520-01-23 Interscholastic Athletics

Tenn. Comp. R. & Regs. 0520-01-23-.01 PURPOSE

The purpose of this Chapter is to effectuate T.C.A. § 49-6-310.

History

Authority: T.C.A. §§ 49-1-201 and 49-6-310.
Administrative History: New rules filed February 24, 2023; effective May 25, 2023.

Tenn. Comp. R. & Regs. 0520-01-23-.02 DEFINITIONS

(1) “Commissioner” means the Commissioner of the Tennessee Department of Education.

(2) “Complaint” means a report of allegations of non-compliance with T.C.A. § 49-6-310 filed with the Department by a Reporting Party using the reporting form made available by the Department. Department personnel may assist a Reporting Party to fill out the reporting form if assistance is needed, or if the Reporting Party wishes to file a Complaint via phone.

(3) “Department” means the Tennessee Department of Education.

(4) “High School” means a public school or public charter school in which any combination of grades nine through twelve (9-12) are taught.

( 5) “Interscholastic Athletic Activity or Event” means a sporting activity or sporting event involving two (2) or more schools, at least one (1) of which is a Middle School or a High School.

(6) “LEA” means a Tennessee local education agency and has the same meaning given in T.C.A. § 49-1-103(2).

(7) “Middle School” means a public school or public charter school in which any combination of grades five through eight (5-8) are taught.

(8) “Reporting Party” means a current student of a Tennessee LEA or public charter school, a parent or guardian of a current student of a Tennessee LEA or public charter school, or any Tennessee citizen who submits a Complaint alleging noncompliance with T.C.A. § 49-6-310(a) to the Tennessee Department of Education.

(9) “State Education Finance Funds” means the state school fund as defined in T.C.A. § 49-3- 101(a) or funds appropriated or allocated from the state treasury for the operation and maintenance of the public schools or that may derive from any state taxes, the proceeds of which are devoted to public school purposes.

History

Authority: T .C.A. §§ 49-1-201 and 49-6-310.
Administrative History: New rules filed February 24, 2023; effective May 25, 2023. May, 2023 2

Tenn. Comp. R. & Regs. 0520-01-23-.03 LEA REQUIREMENTS

(1) Each local board of education and each governing body of a public charter school shall:

(a) Adopt and enforce a policy in compliance with T.C.A. § 49-6-310;

(b) Require each Middle School and High School under its control to adopt written procedures to ensure proper implementation of T.C.A. § 49-6-310(a) and the policy adopted pursuant to T.C.A. § 49-6-310; and (c) Require annual reminders of T.C.A. § 49-6-310(a), the policy adopted pursuant to T.C.A. § 49-6-310, and the school procedures required by this Chapter be provided to all coaches and school and district administrators responsible for facilitating Interscholastic Athletic Activities and/or Events at Middle Schools and High Schools under its control.

(2) In accordance with T.C.A. § 49-6-310, if a birth certificate provided by a student or the student’s parent or legal guardian does not appear to be the student's original birth certificate or does not indicate the student's sex upon birth, then the student or the student’s parent or legal guardian shall provide other evidence indicating the student's sex at the time of birth. Other evidence provided by the student or the student’s parent or legal guardian to establish the student’s sex at the time of birth shall only be provided with the prior written consent of the student’s parent or legal guardian.

(3) Each LEA shall confirm that each Middle School and High School under its control is in compliance with T.C.A. § 49-6-310 prior to submitting the annual LEA Compliance Report to the Department certifying the LEA’s compliance with all education laws and State Board of Education (“State Board”) rules.

History

Authority: T.C.A. §§ 49-1-201 and 49-6-310.
Administrative History: New rules filed February 24, 2023; effective May 25, 2023.

Tenn. Comp. R. & Regs. 0520-01-23-.04 REVIEWING ALLEGATIONS OF NON-COMPLIANCE

(1) The Department shall initiate a review of the allegation(s) included in the Complaint within ten (10) calendar days of receipt of the Complaint. The Department shall send a written notification of the review to the LEA in which the Complaint arose. The Department shall also notify the Reporting Party, that an investigation has been initiated and provide information regarding the procedural steps involved in the investigative process.

(2) As part of the review, the Department shall have the authority to:

(a) Request any relevant evidence from the LEA, the Reporting Party, and/or any witness; and (b) Interview the Reporting Party and/or any other individual deemed necessary by the Department.

(3) No later than sixty (60) calendar days after initiating the review, the Department shall issue a written determination letter summarizing the findings of the review to the LEA from which the Complaint arose and to the Reporting Party. The sixty (60) calendar day timeline shall be stayed if the Department and the LEA from which the Complaint arose agree to enter into an early resolution agreement in accordance with the requirements of Rule 0520-01-23-.05 of this

Chapter. Such notice shall be sent in compliance with the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232(g)); T.C.A. § 10-7-504; the Data Accessibility, Transparency, and Accountability Act, compiled in Title 49, Chapter 1, Part 7; and all other relevant privacy laws. The sixty (60) calendar day timeline may only be extended if exceptional May, 2023 3 circumstances exist, and those circumstances are appropriately documented by the Department. If there is a need for an extension of the sixty (60) calendar day timeline, the Department shall notify the LEA in which the Complaint arose and the Reporting Party of this extension in writing.

(4) If the LEA is found to be non-compliant with T.C.A. § 49-6-310, the written determination letter shall include a notice of non-compliance. The notice of non-compliance shall include, at minimum, corrective action steps required for compliance and a deadline for completion of the corrective action steps. An LEA shall not be deemed non-compliant by the Department if the failure to comply is in response to a court or other legally binding order that prohibits the LEA from complying.

(5) If the Department determines that the LEA failed to complete the required corrective action steps by the deadline included in the notice of non-compliance, the Department shall send the LEA a letter of withholding stating that due to failure to complete the required corrective action steps by the established deadline, the Commissioner shall withhold a portion of the State Education Finance Funds that an LEA is otherwise eligible to receive. The Commissioner shall withhold the portion of the State Education Finance Funds scheduled to be distributed to the LEA in accordance with Table 1 set forth below until the LEA completes each of the required corrective action steps set forth in the notice of non-compliance. When the Commissioner determines that compliance is established, the amount of State Education Finance Funds that were withheld shall be disbursed to the LEA by the Department. The amount of state funds to be withheld by the Commissioner shall be determined as set forth in Table 1 below:

Table 1:

First letter of withholding 2% of annual State Education Finance Funds scheduled to be granted to the LEA Second letter of withholding 4% of annual State Education Finance Funds scheduled to be granted to the LEA Third letter of withholding 6% of annual State Education Finance Funds scheduled to be granted to the LEA Fourth letter of withholding 8% of annual State Education Finance Funds scheduled to be granted to the LEA Fifth or more letter of withholding 10% of annual State Education Finance Funds scheduled to be granted to the LEA (6) The letter of withholding shall state that the LEA has the right to request a contested case hearing regarding the Department’s determination that the requirements of the corrective action plan have not been met by the established deadline. Any contested case hearing granted shall be conducted in accordance with the Tennessee Uniform Administrative Procedures Act at T.C.A. §§ 4-5-301 et seq. and the Rules of the Tennessee Department of State Administrative Procedures Division, Chapter 1360-04-01. If the LEA chooses to request a contested case hearing, the LEA shall make such a request within thirty (30) calendar days of the Department issuing the letter of withholding.

History

Authority: T.C.A. §§ 49-1-201 and 49-6-310.
Administrative History: New rules filed February 24, 2023; effective May 25, 2023.

Tenn. Comp. R. & Regs. 0520-01-23-.05 EARLY RESOLUTION

(1) LEAs are encouraged to work collaboratively with the Department to resolve Complaints as quickly as possible. At any point after a Complaint has been received by the Department, but before a written determination letter has been issued by the Department, the LEA may propose early resolution of the allegations through an early resolution agreement.

May, 2023 4 (2) If early resolution is agreed to by the Department and LEA, the LEA shall prepare a written early resolution agreement to be submitted to the Department for review and approval. Entry into an early resolution agreement shall not constitute an admission that the LEA violated T.C.A. § 49-6-310 or this Chapter. The Department’s review of the allegation(s) included in a Complaint shall be suspended upon entry into an early resolution agreement.

(3) An early resolution agreement shall include, but not be limited to:

(a) A summary of the allegations contained in the Complaint; and (b) Any agreed upon terms and conditions of the early resolution agreement, including but not limited to, deadlines for the completion of required acts or steps, and dates for submission of reports and documentation to the Department verifying implementation.

(4) Once an early resolution agreement between the LEA and the Department is signed by both parties, the Department shall:

(a) Monitor the implementation of the early resolution agreement to ensure the LEA complies with the terms;

(b) Provide written notice to the LEA of any deficiencies in implementation and shall request immediate and appropriate action to address those deficiencies;

(c) When necessary, require additions to or modifications of the early resolution agreement to address the failure of the LEA to fully implement the terms of original agreement; and (d) Provide written notice to the Reporting Party that the LEA and the Department have entered into an early resolution agreement, including the terms of the early resolution agreement. Such notice shall be sent in compliance with the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232(g)); T.C.A. § 10-7-504; the Data Accessibility, Transparency, and Accountability Act, compiled in Title 49, Chapter 1, Part 7; and all other relevant privacy laws.

(5) When the Department determines that the LEA has fully implemented the terms and conditions of the early resolution agreement, the Department shall conclude the monitoring of the early resolution agreement by sending written notification to the LEA and the Reporting Party. Such notice shall be sent in compliance with the Family Educational Rights and Privacy Act (FERPA)

(20 U.S.C. § 1232(g)); T.C.A. § 10-7-504; the Data Accessibility, Transparency, and Accountability Act, compiled in Title 49, Chapter 1, Part 7; and all other relevant privacy laws.

(6) If an LEA fails to comply with the terms and conditions established in an early resolution agreement, the Department shall re-initiate the review of the Complaint submitted to the Department in accordance with Rule 0520-01-23-.04 of this Chapter.

History

Authority: T.C.A. §§ 49-1-201 and 49-6-310.
Administrative History: New rules filed February 24, 2023; effective May 25, 2023.

Chapter 0520-01-24 Education Freedom Scholarships

Tenn. Comp. R. & Regs. 0520-01-24-.01 PURPOSE

The purpose of these rules is to effectuate the Tennessee Education Freedom Scholarships Program (“Program”) as required by T.C.A. §§ 49-6-3501, et seq., subject to appropriations and other available funds.

History

Authority: T.C.A. §§ 49-1-302 and 49-6-3501, et seq.
Administrative History: Emergency rules filed March 21, 2025; effective through September 17, 2025. New rules filed June 20, 2025; effective September 18, 2025.

Tenn. Comp. R. & Regs. 0520-01-24-.02 DEFINITIONS

(1) “Account Holder” means a Parent or an Eligible Student who has reached the age of eighteen (18) who is approved by the Department to participate in the Program, signs the EFS Agreement, and is responsible for complying with all the requirements of the Program.

(2) “Agreement” means a document developed by the Department and signed by a Parent of an Eligible Student or an Eligible Student who has reached the age of eighteen (18) that qualifies the Parent or Eligible Student who has reached the age of eighteen (18) to participate in the Program.

(3) “Completed Application” means an application for an EFS submitted to the Department during an open application window set by the Department that contains a response to every required field and includes all required components pursuant to section 0520-01-24-.04 of this chapter, such that the application can be determined as Conditionally Approved or Denied. Required components include:

(a) Proof of Tennessee residency;

(b) Proof of United States citizenship or Lawful Presence; and (c) Proof of meeting any additional criteria to be determined eligible for an EFS under section

Tenn. Comp. R. & Regs. 0520-01-24-.03 PRIORITIZATION OF AWARDS

(1) For the Program’s first year of operation, the Department shall accept applications from Eligible Students in accordance with subparagraphs (1)(a) and (1)(b) simultaneously and shall award a maximum of twenty thousand (20,000) EFS as follows, in the order in which the Department receives Completed Applications:

(a) Ten thousand (10,000) EFS are available for Eligible Students who meet one (1) of the following criteria:

The student’s annual household income does not exceed three hundred percent (300%) of the amount required for the student to qualify for free or reduced-price lunch, as provided in the income eligibility guidelines published by the United States Department of Agriculture’s Food and Nutrition Service for the most recent year; or 2. The student is an Eligible Student as defined by T.C.A. § 49-6-2602 for an Education Savings Account (“ESA”) or as defined by T.C.A. § 49-10-1402 for an Individualized Education Account (“IEA”).

(b) Ten thousand (10,000) EFS are available for Eligible Students, regardless of whether the Eligible Student meets one (1) of the criteria listed in subparagraph (1)(a) of this paragraph.

(2) For the Program’s second year and each year thereafter, if the number of applications received by the Department exceeds the number of EFS available for the respective school year, then the Department shall award EFS in the following order:

(a) A Recipient in the immediately preceding school year who has a current EFS at the time of application;

(b) An Eligible Student whose annual household income does not exceed one hundred percent (100%) of the amount required for the student to qualify for free or reduced price lunch, as provided in the income eligibility guidelines published by the United States Department of Agriculture’s Food and Nutrition Service for the most recent school year, or who is an Eligible Student as defined by T.C.A. § 49-6-2602 for an ESA or by T.C.A. § 49-10-1402 for an IEA, in the order in which the Department receives Completed Applications;

(c) An Eligible Student whose annual household income does not exceed three hundred percent (300%) of the amount required for the student to qualify for free or reduced-price lunch, as provided in the income eligibility guidelines published by the United States Department of Agriculture’s Food and Nutrition Service for the most recent school year, in the order in which the Department receives Completed Applications;

(d) An Eligible Student who, at the time of submitting a Completed Application, is currently enrolled in a Public School or who is eligible to enroll in Kindergarten in a Public School for the respective school year, in the order in which the Department receives Completed Applications; and (e) An Eligible Student, in the order in which the Department receives Completed Applications.

(3) The Department may award an EFS to an Eligible Student in an order that does not comply with the order prescribed in this section, as applicable, if awarding the EFS out of order is consistent with the outcome of an administrative appeal adjudicating the denial of the Eligible Student’s EFS application.

History

Authority: T.C.A. §§ 49-1-302 and 49-6-3501, et seq.
Administrative History: Emergency rules filed March 21, 2025; effective through September 17, 2025. New rules filed June 20, 2025; effective September 18, 2025.

Tenn. Comp. R. & Regs. 0520-01-24-.04 APPLICATION

(1) To apply to receive an EFS, the applicant shall submit a Completed Application using an application developed by the Department.

(2) As part of the application process, the applicant shall provide documentation that confirms the student’s residence in this state and Lawful Presence or citizenship in the United States.

(a) Tennessee residency shall be demonstrated through the presentation of two (2) forms of documentation as detailed in Department guidance.

(b) Lawful Presence in the United States shall be established in accordance with T.C.A. § 4-58-103(d).

(3) To be considered for an EFS, based on income, pursuant to section 0520-01-24-.03 of this

chapter, the applicant shall provide, as part of the Program application process, verification that the student is a member of a household with an annual income that does not exceed the income threshold outlined in sections 0520-01-24-.03(1)(a)1., (2)(b), or (2)(c) of this chapter, based on the federal income eligibility guidelines for free or reduced-price lunch.

(a) Income verification shall be established through the requirements of subparts 0520-01- 24-.04(3)(a)1., 2., or 3.:

Form 1040 U.S. Individual Income Tax Return (“Form 1040 Tax Return”) from the most recent year that was filed by the Parent and which lists the Eligible Student as a dependent or was filed by an Eligible Student who has reached the age of eighteen (18) and who is not listed as a dependent on another individual’s Form 1040 Tax Return.

(i) If the Eligible Student is not listed on the Form 1040 Tax Return, additional documentation, as outlined in Department guidance, shall be submitted to establish that the student is a member of the same household as the Parent whose Form 1040 Tax Return is provided.

Form 1040 Tax Returns of both Parents of an Eligible Student shall be included with an application if either of the following applies:

(i) Parents of the Eligible Student share joint primary residential custody such that neither or both are designated as the primary residential parent in a custody order pursuant to T.C.A. § 36-6-410; or (ii) Parents of the Eligible Student share a household but file taxes as married, filing separately, or as head of household.

Proof of family eligibility, including eligibility of the student, for enrollment in the state’s Temporary Assistance for Needy Families (“TANF”) program or Supplemental Nutrition Assistance Program (“SNAP”).

(b) The Department may require additional documentation as needed to determine income eligibility.

(4) To be considered for an EFS pursuant to subpart 0520-01-24.03(1)(a)2. of this chapter, the applicant shall provide sufficient documentation to meet eligibility criteria pursuant to State Board Rules 0520-01-11 or 0520-01-16, respectively.

(5) Once the Department notifies an applicant that his or her Completed Application has become a Conditionally Approved Application, the Parent or an Eligible Student who has reached the age of eighteen (18) shall complete the enrollment process set forth by the Department on a timeline established by the Department. The enrollment process includes providing proof of enrollment in a Private School.

History

Authority: T.C.A. §§ 49-1-302 and 49-6-3501, et seq.
Administrative History: Emergency rules filed March 21, 2025; effective through September 17, 2025. New rules filed June 20, 2025; effective September 18, 2025.

Tenn. Comp. R. & Regs. 0520-01-24-.05 APPLICATION PROCESSING

(1) The Department shall review and process Completed Applications in the order in which they are received.

(2) An application shall first be considered for an EFS referenced in subparagraph 0520-01-24- .03(1)(a) of this paragraph. If an applicant fails to meet the eligibility requirements or if EFS are no longer available under subparagraph 0520-01-24-.03(1)(a) of this paragraph, then the applicant may be considered for an EFS as referenced in subparagraph 0520-01-24-.03(1)(b) of this paragraph.

(3) Each submitted application shall be deemed a Conditionally Approved Application, a Denied Application, or an Incomplete Application. Conditionally Approved Applications may be placed in Waitlist status.

(4) A Denied Application may be appealed pursuant to Rule 0520-01-24-.13.

(5) A determination that a submitted application is an Incomplete Application may not be appealed.

History

Authority: T.C.A. §§ 49-1-302 and 49-6-3501, et seq.
Administrative History: Emergency rules filed March 21, 2025; effective through September 17, 2025. New rules filed June 20, 2025; effective September 18, 2025.

Tenn. Comp. R. & Regs. 0520-01-24-.06 AGREEMENT AND FUNDS TRANSFER

(1) Upon notification by the Department that an EFS has been authorized and may be established, a Parent of an Eligible Student or an Eligible Student who has reached the age of eighteen (18) shall become an Account Holder only after signing an Agreement to:

(a) Ensure the provision of an education for the Recipient that satisfies the compulsory school attendance requirement provided in T.C.A. § 49-6-3001(c)(1) through enrollment in a Private School;

(b) Comply with the requirement established in Chapter 7 of the Public Acts of 2025, First Extraordinary Session, that Recipients in grades three through eleven (3-11) participate in a nationally standardized achievement test that is aligned to the respective Private School’s instructional program as determined by State Board Rule 0520-07-02 or the Tennessee Comprehensive Assessment Program (“TCAP”) tests in math and English language arts for the grade in which the Recipient is enrolled, or successor tests approved by the State Board, for each year of enrollment in the Program;

(d) Not enroll the Recipient in the ESA program or the IEA program during the time that the Recipient is enrolled in the Program;

(e) Release the LEA in which the Recipient resides and the Public School for which the Recipient is zoned to attend from all obligations to educate the Recipient during the time the Recipient is enrolled in the Program;

(f) Acknowledge that the Recipient does not retain the right to receive special education and related services from the LEA in which the Recipient resides through an IEP and that Recipients have the same rights under the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1414, to receive equitable services through an ISP as all other students enrolled in non-public schools;

(g) Acknowledge that Recipients with an ISP are entitled to receive some special education and related services and not all of the services that are required for a Recipient with an IEP to receive a FAPE (Recipients using EFS funds who previously held IEPs may engage with the LEA to develop an ISP through the consultation process, as defined in 34 C.F.R. §§ 300.134 and 300.137);

(h) Acknowledge that the Private School is only required to comply with the requirements of

Section 504 of the Rehabilitation Act of 1973 if the Private School receives federal funding;

(i) Be responsible for any educational expenses in excess of the awarded EFS amount;

(j) Comply with the acceptable uses of EFS funds and the responsibilities of the Account Holder; and (k) Not use EFS funds for Service Providers who are family or household members of the Recipient, as described in section 0520-01-24-.14 of this chapter.

(2) The Agreement and any additional information or documentation required by the Department shall be submitted to and received by the Department by the deadlines set by the Department before the first EFS payment is disbursed. If the Agreement and any additional information or documentation required by the Department are not submitted and received by the deadlines set by the Department, the Eligible Student shall not be enrolled in the Program during the school year for which the applicant applied to participate in the Program.

(3) The Department shall establish procedures to effectuate the EFS funds transfer process and dates on which each EFS payment shall be disbursed.

(4) Prior to becoming a Recipient, the Account Holder shall provide proof of enrollment in a Private School.

(5) EFS funds shall not be used for tuition at any non-public school other than a Private School as defined in section 0520-01-24-.02(16) of this chapter.

(6) No EFS funds shall be paid directly to a Recipient or to an Account Holder.

(7) The EFS funds constitute a public benefit and are not income taxable to the Account Holder, Parent, or Recipient.

(8) In accordance with the procedures set by the Department, the Department may remove any Account Holder from participating in the Program if the Account Holder fails to comply with the terms of the Agreement or applicable laws, rules, or procedures, including if the Account Holder misuses funds.

(9) If the Department determines that EFS funds have been misused, the Department shall notify the Account Holder, and the Account Holder shall repay the amount of misused funds in the manner and within the timeframe set by the Department. Additionally, the Department is authorized to freeze or withdraw funding directly from the Recipient’s EFS for reasons including, but not limited to, fraud; misuse of funds; failure by the Account Holder to comply with state laws, rules, procedures, or the Agreement; or the Recipient’s return to a Public School.

History

Authority: T.C.A. §§ 49-1-302 and 49-6-3501, et seq.
Administrative History: Emergency rules filed March 21, 2025; effective through September 17, 2025. New rules filed June 20, 2025; effective September 18, 2025.

Tenn. Comp. R. & Regs. 0520-01-24-.07 USE OF FUNDS

(1) EFS funds shall first be used to pay the Recipient’s tuition and fees at the Private School in which the Recipient is enrolled. Any remaining EFS funds available to the Recipient after payment of tuition and fees may only be used for one (1) or more of the following educational expenses:

(a) Textbooks, curricula, instructional materials, and uniforms required by the Private School in which the Recipient is enrolled;

(b) Tutoring services approved by the Department and provided by:

An individual tutor, including, but not limited to, a licensed Tennessee educator; or 2. A tutoring facility accredited by one (1) or more of the following: any accreditation division of AdvancED, the North Central Association Commission on Accreditation and School Improvement (“NCA CASI”), the Northwest Accreditation Commission (“NWAC”), the Southern Association of Colleges and Schools Council on Accreditation and School Improvement (“SACS CASI”), the Middle States Association of Colleges and Schools (“MSA”), the New England Association of Schools and Colleges (“NEASC”), the Western Association of Schools and Colleges (“WASC”), or the Council on Occupational Education (“COE”);

(c) Fees for transportation to and from the Private School in which the Recipient is enrolled, paid to a commercial fee-for-service transportation provider, including, but not limited to, a school bus service that meets the requirements established by the Department;

(d) Computer hardware, technological devices, or other technology fees approved by the Department, if the computer hardware, technological device, or technology fee charged by the Private School or Service Provider that is used for the Recipient’s educational needs;

(e) Tuition, fees, textbooks, curricula, and instructional materials for summer academic programs and specialized afterschool academic programs, operated outside the regular school day or school year, as approved by the Department, which do not include afterschool childcare;

(f) Fees for early postsecondary opportunity courses and related examinations that give Recipients the opportunity to obtain postsecondary credit; any examinations related to college admission; and industry credentials, as approved by the Department; or (g) Educational therapy services provided by Service Providers who meet the requirements established by the Department.

History

Authority: T.C.A. §§ 49-1-302 and 49-6-3501, et seq.
Administrative History: Emergency rules filed March 21, 2025; effective through September 17, 2025. New rules filed June 20, 2025; effective September 18, 2025.

Tenn. Comp. R. & Regs. 0520-01-24-.08 TERM OF THE EFS

(1) A Recipient’s EFS account remains open, and all available EFS funds remain in the Recipient’s EFS account, from one (1) school year to another unless one (1) or more of the events described in subparagraphs (2)(a) through (f) occurs.

(2) A Recipient’s EFS account shall be closed, and all remaining EFS funds returned to the state treasurer to be used to award EFS to Eligible Students in future years, upon the earlier of:

(a) The Recipient’s graduation from high school or obtainment of a high school equivalency credential approved by the State Board;

(b) The Recipient’s enrollment in a Kindergarten through grade twelve (K-12) Public School;

(d) The Recipient’s voluntary withdrawal from the EFS Program;

(e) The Department disqualifying the Recipient from participating in the Program due to the Recipient’s noncompliance with Program requirements. This includes, but is not limited to, the Recipient enrolling in a school that is not a Private School; a Recipient enrolling as an independent home school student; or the misuse or fraudulent use of funds; or (f) The Recipient ceases to be a resident of the state of Tennessee.

(3) An Account Holder who chooses to voluntarily withdraw from the Program at any time shall complete the procedures for withdrawal from the Program as set by the Department.

(4) An Account Holder may transfer the Recipient from one Private School to another Private School in accordance with procedures set by the Department.

(5) If an Account Holder does not follow the applicable procedures for voluntary withdrawal or transferring the student from one Private School to another Private School, the Department may remove the Recipient from the Program, return any funding in the Recipient’s EFS account to the state treasurer, and prohibit the Recipient from participating in the Program in the future.

(6) In order for a Recipient to continue in the Program, the Account Holder shall annually apply to renew the EFS by following the procedures developed by the Department and posted on the Department’s website.

(7) The Department shall provide the Account Holder with a written explanation of the allowable uses of EFS funds and the responsibilities of the Account Holder in connection with the EFS funds. The Department shall also provide to the Parent of Recipients or Recipients who have reached the age of eighteen (18) a written explanation of the Department’s duties regarding EFS funds, Eligible Students, and Recipients.

History

Authority: T.C.A. §§ 49-1-302 and 49-6-3501, et seq.
Administrative History: Emergency rules filed March 21, 2025; effective through September 17, 2025. New rules filed June 20, 2025; effective September 18, 2025.

Tenn. Comp. R. & Regs. 0520-01-24-.09 FRAUD, WASTE, AND ABUSE

(1) Individuals may notify the Department of any alleged violation by Account Holder(s) or Private School(s) of state laws, rules, or procedures relating to the Program. The Department shall conduct an inquiry of any report of fraud or make a referral to the appropriate agency for an investigation.

History

Authority: T.C.A. §§ 49-1-302 and 49-6-3501, et seq.
Administrative History: Emergency rules filed March 21, 2025; effective through September 17, 2025. New rules filed June 20, 2025; effective September 18, 2025.

Tenn. Comp. R. & Regs. 0520-01-24-.10 PRIVATE SCHOOLS

(1) As a condition of a Private School’s accepting payments from an EFS, the Private School shall agree to:

(a) Maintain the school’s status as a Category I, II, or III school in compliance with all applicable laws and State Board rules;

(b) Ensure Recipients in grades three through eleven (3-11) are administered a nationally standardized achievement test that is aligned to the respective Private School’s instructional program as determined by State Board Rules 0520-07-02 or the Tennessee Comprehensive Assessment Program (“TCAP”) tests in math and English language arts for the grade in which the Recipient is enrolled, or successor tests approved by the State Board, for each year of enrollment in the Program;

(c) By June 30 of each year, provide to the Recipient’s Parent and to the Office of Research and Education Accountability (OREA) in the office of the Tennessee Comptroller of the Treasury the results of the annual test administered to Recipients, using a form developed and provided by OREA. Scores may be provided to the OREA using aggregated, deidentified data if the data allows the OREA to group and analyze the results by Recipient grade level, household income level, sex, and race. Test results and other data pertaining to students who are not Recipients are not subject to the reporting requirements of this section;

(d) Accept reimbursement payments for tuition and fees from an Account Holder pursuant to the payment schedule identified by the Department;

(e) Receive EFS funds through a process established by the Department;

(f) Use the funds in an EFS only as provided in section 0520-01-24-.07 of this rule for educational purposes;

(g) Not to, in any manner, refund or rebate EFS funds or share EFS funds with an Account Holder or Recipient; and (h) Notify the Department of the Recipient’s withdrawal within five (5) business days of receipt of the Recipient’s notice of withdrawal.

(2) All contracts entered into between a Private School and an Account Holder or a Recipient are the responsibility of the private parties involved and do not obligate the state in any way.

(3) The creation of the Program does not expand the regulatory authority of the state or authorize any entity to impose additional rules, regulations, or requirements on Private Schools beyond those necessary to enforce the requirements of the Program. Private Schools enrolling Recipients with an EFS remain autonomous and independent and are not agents of the state; they maintain the maximum freedom to educate students without government control and without being required to alter their creed, practices, admission policies, hiring policies, or curriculum in order to accept EFS funds.

(4) The Department may suspend or terminate a Private School from participating in the Program if the Department determines the Private School has failed to comply with the requirements of the Act, these rules, or the procedures set by the Department.

(5) If the Department suspends or terminates a Private School’s participation, the Department shall notify the affected Recipients, the Account Holder, and the Private School of the decision. If a Private School is suspended or terminated or if a Private School withdraws from the Program, affected Recipients remain eligible to participate in the Program.

History

Authority: T.C.A. §§ 49-1-302 and 49-6-3501, et seq.
Administrative History: Emergency rules filed March 21, 2025; effective through September 17, 2025. New rules filed June 20, 2025; effective September 18, 2025.

Tenn. Comp. R. & Regs. 0520-01-24-.11 SERVICE PROVIDERS

(1) Service Providers shall:

(a) Maintain documentation that any person that they employ or consult or contract with for the purpose of providing services to Recipients has undergone a fingerprint-based criminal history records check conducted by the Tennessee Bureau of Investigation (TBI) and forwarded by the TBI to the Federal Bureau of Investigation for processing pursuant to the National Child Protection Act;

(b) Maintain documentation of their credentials demonstrating that they meet the qualifications set by the Department;

(c) Provide Account Holders with a receipt, if requested, for all expenses paid to the Service Provider using EFS funds; and (d) Not, in any manner, refund or rebate EFS funds to, or share EFS funds with, an Account Holder or Recipient.

(2) The Department may suspend or terminate a Service Provider’s participation in the Program if the Department determines that the Service Provider has failed to comply with the requirements of the Act, these rules, or the procedures set by the Department.

(a) If the Department suspends or terminates a Service Provider’s participation, the Department shall notify the affected Recipients and Account Holders and the Service Provider of the decision.

(b) A Service Provider’s suspension, termination, or withdrawal from the Program shall not affect a Recipient’s eligibility to participate in the Program.

(3) All contracts entered into between the Service Provider and the Recipient or Account Holder are the responsibility of the private parties involved and do not obligate the state in any way.

History

Authority: T.C.A. §§ 49-1-302 and 49-6-3501, et seq.
Administrative History: Emergency rules filed March 21, 2025; effective through September 17, 2025. New rules filed June 20, 2025; effective September 18, 2025.

Tenn. Comp. R. & Regs. 0520-01-24-.12 RETURN TO PUBLIC SCHOOL

(1) A Recipient may return to the Public School, for which he or she is zoned, at any time after enrolling in the Program. Upon enrollment in a Public School, the Recipient’s participation in the Program shall be terminated.

(2) If a Recipient ceases enrollment in a Private School, the Account Holder shall notify the Department in accordance with the procedures and timelines set by the Department.

(3) Upon termination of a Recipient’s participation in the Program, the Department shall close the Recipient’s EFS account, and any remaining funds shall be returned to the state.

(4) A Recipient with a disability shall not be determined ineligible for special education and related services under the IDEA due to the Recipient’s participation in the Program. A Recipient remains eligible for special education and related services until a Tennessee LEA determines that such Recipient no longer meets the special education eligibility standards; until the student graduates with a traditional high school diploma; or until the end of the school year in which the student turns 22 years old, whichever occurs first. A Recipient in the Program is not entitled to receive a FAPE through an IEP, but he or she is eligible to receive equitable services through an ISP from the LEA serving the geographic area where the Private School in which the Recipient is enrolled.

History

Authority: T.C.A. §§ 49-1-302 and 49-6-3501, et seq.
Administrative History: Emergency rules filed March 21, 2025; effective through September 17, 2025. New rules filed June 20, 2025; effective September 18, 2025.

Tenn. Comp. R. & Regs. 0520-01-24-.13 APPEAL PROCEDURES

(1) The decision of the Department to deny a student’s application to participate in the Program or to remove a Recipient from the Program may be appealed.

(2) The decision of the Department to suspend or terminate the participation in the Program of a Service Provider or Private School may be appealed.

(3) The decision of the Department that an application is an Incomplete Application may not be appealed.

(4) All appeals shall be filed pursuant to the following two (2) step appeal process:

(a) Step one (1): The appeal shall be on the form provided by the Department and shall be submitted to the Commissioner of Education, or the Commissioner’s designee, within ten (10) business days of notice of the decision being appealed. The appeal shall be reviewed by the Commissioner of Education or the Commissioner’s designee, and the Commissioner or the Commissioner’s designee shall electronically notify the appellant of a decision within forty-five (45) calendar days of receipt of the appeal;

(b) Step two (2): Within thirty (30) days of the Department’s notification to the appellant of the Commissioner’s or the Commissioner’s designee’s decision in step one (1) of the appeal process, the appellant may file, with the Commissioner, an appeal of the step one (1) decision. Such appeal shall be heard as a contested case hearing pursuant to the Uniform Administrative Procedures Act, T.C.A. Title 4, Chapter 5.

History

Authority: T.C.A. §§ 49-1-302 and 49-6-3501, et seq.
Administrative History: Emergency rules filed March 21, 2025; effective through September 17, 2025. New rules filed June 20, 2025; effective September 18, 2025.

Tenn. Comp. R. & Regs. 0520-01-24-.14 CONFLICT OF INTEREST

(1) Use of EFS funds shall be for the sole benefit of the Recipient for which the EFS is established.

EFS funds shall only be used by the Account Holder on qualifying expenses.

(2) It is a conflict of interest and is considered a misuse of EFS funds and a violation of Program rules and procedures for an Account Holder to provide EFS funds directly to his or her family member(s) or to any company, corporation, or business owned by his or her family member(s).

A family member shall include an Account Holder’s spouse, parent, step-parent, parent-in-law, child, son-in-law, daughter-in-law, grandparent, grandchild, brother, sister, uncle, aunt, nephew, niece, or any person who resides in the same household as the Recipient or Account Holder receiving the EFS.

History

Authority: T.C.A. §§ 49-1-302 and 49-6-3501, et seq.
Administrative History: Emergency rules filed March 21, 2025; effective through September 17, 2025. New rules filed June 20, 2025; effective September 18, 2025.

Tenn. Comp. R. & Regs. 0520-01-24-.15 DEPARTMENT ASSESSMENT ANALYSIS

(1) Pursuant to T.C.A. § 49-6-3507(b) and in order to assess academic performance, the Department shall annually select a statistical sample of Recipients enrolled in any of the grades three (3) through eight (8) who, pursuant to T.C.A. § 49-6-3507(a)(1)(B), were Recipients during the prior school year and were administered TCAP assessments in the prior school year.

(2) The statistical sample shall be determined based on all Recipients administered the TCAP in the relevant grade bands in the subjects of English language arts and mathematics who have a valid, reportable assessment score. While ensuring data privacy restrictions, the sample shall be sufficient to generate a 95 percent confidence interval of results being representative of the entire pool of Recipients. The Department shall prepare an annual report on the outcomes of the analysis.

History

Authority: T.C.A. §§ 49-1-302 and 49-6-3501, et seq.
Administrative History: New rules filed June 20, 2025; effective September 18, 2025.effective.

Chapter 0520-01-25 Innovative School Districts

Tenn. Comp. R. & Regs. 0520-01-25-.01 PURPOSE

The purpose of these Rules is to effectuate the Innovative School District Act as required by T.C.A. §§ 49- 8-1501, et seq.

History

Authority: T.C.A. §§ 49-1-302 and 49-8-1501, et seq.; and Chapter 1053, Section 17 of Public Acts of 2024.
Administrative History: New rules filed October 2, 2025; effective December 31, 2025.

Tenn. Comp. R. & Regs. 0520-01-25-.02 DEFINITIONS

(1) “Department” means the Tennessee Department of Education.

(2) “Doctoral-Extensive Institution” means a Research One (R1) or Research Two (R2) institution as set by the Carnegie Classification of Institutions of Higher Education.

(3) “Innovative School District (ISD)” means a local education agency (LEA), as defined in § 49-1- 103, composed of a school or schools serving students in any of the grades pre-Kindergarten through twelve (12) as Training Schools operated by a Tennessee public university that is approved by the Department to operate an Innovative School District.

(4) “State Board” means the Tennessee State Board of Education.

(5) “Training School” means a public school authorized under T.C.A. § 49-8-105 that serves students in any of the grades pre-Kindergarten through twelve (pre-K-12) and that is affiliated with a public institution of higher education in this state, to pilot and model high-quality innovative educational practices and teacher training programs, to stimulate innovative educational programs, to promote robust educational research and practice, to provide opportunities for innovation in instruction, and to provide avenues for delivering innovative course programs aligned to the needs of this state through model programs.

History

Authority: T.C.A. §§ 49-1-302 and 49-8-1501, et seq.; and Chapter 1053, Section 17 of Public Acts of 2024.
Administrative History: New rules filed October 2, 2025; effective December 31, 2025.

Tenn. Comp. R. & Regs. 0520-01-25-.03 ELIGIBILITY

(1) A public university may apply to the Department to operate an ISD if the public university:

(a) Is classified as a Doctoral-Extensive Institution;

(b) Operates a Training School that includes pre-Kindergarten through any of the grades nine (9) through twelve (12); and (c) Provides transfer student enrollment opportunities pursuant to T.C.A. § 49-2-128.

December, 2025 2 (2) An ISD shall be located in a county in which the public university maintains a campus, meaning that the public university has a physical presence in the county where students of the public university who are not pre-K-12 students regularly attend classes.

(3) An ISD shall not be eligible to authorize public charter schools.

(4) The University of Memphis is authorized to operate the innovative school district pursuant to T.C.A. § 49-8-1503(b).

History

Authority: T.C.A. §§ 49-1-302 and 49-8-1501, et seq.; and Chapter 1053, Section 17 of Public Acts of 2024.
Administrative History: New rules filed October 2, 2025; effective December 31, 2025.

Tenn. Comp. R. & Regs. 0520-01-25-.04 APPLICATION

(1) The Department shall develop an application, and a rubric for evaluating the application, by which a public university that operates a Training School may apply to the Department to become authorized as an ISD.

(a) The Department shall post the application, the timeline for application and review, and the evaluation rubric on its website.

(2) The public university shall complete the application and provide all documents and information requested by the Department on a timeline set by the Department.

(3) The application shall include, but is not limited to, descriptions of:

(a) The proposed ISD’s instructional programming, including how the ISD will:

Provide sequential instruction to students and educate students using textbooks and instructional materials approved by the State Board of Education and educational programming aligned to the Tennessee Academic Standards adopted by the State Board and that generate new and innovative educational models to advance early childhood literacy and workforce-aligned education;
Pilot and model high-quality, innovative educational practices and teaching training programs;
Promote robust educational research and practice;
Provide opportunities for innovation in instruction; and 5. Provide avenues for delivering innovative course programs, including an explanation for how those course programs are aligned to the future educational needs of Tennessee as defined in Chapter 0520-01-25-.08 of these Rules;

(b) The proposed ISD’s plans for serving:

Students with disabilities pursuant to federal and state law and State Board Rule 0520-01-09 and through practices informed by the ISD’s research and evaluation goals;
Students who are English learners pursuant to federal and state law and State Board Rule 0520-01-19; and December, 2025 3 3. Students with characteristics of dyslexia pursuant to federal and state law and State Board Rule 0520-01-22;

(d) The ISD’s staffing and evaluation plans for teachers and school leaders pursuant to T.C.A. § 49-8-1507;

(e) The ISD’s research plan is in alignment with Chapter 0520-01-25-.06 of these Rules; and (f) Signed assurances that the chief administrator and the general counsel of the public university applying for an ISD understand and shall comply with all federal and state laws, rules, and regulations in the same manner as other LEAs.

(4) The Department shall evaluate applications according to its rubric and shall, in writing, inform applicants of its decision within sixty (60) calendar days of the application deadline.

(5) Prior to beginning operation as an ISD, the public university with a Department-approved plan for an ISD shall participate in a one-year planning period with readiness indicators established by the Department and posted on the Department’s website. If, during the planning period, the public university fails to meet deadlines or readiness indicators, the Department may revoke approval or require a one-time extension for one additional planning year.

(6) The University of Memphis is authorized pursuant to T.C.A. § 49-8-1503(b). The application requirements listed in this chapter shall not apply to the ISD operated by the University of Memphis.

History

Authority: T.C.A. §§ 49-1-302 and 49-8-1501, et seq.; and Chapter 1053, Section 17 of Public Acts of 2024.
Administrative History: New rules filed October 2, 2025; effective December 31, 2025.

Tenn. Comp. R. & Regs. 0520-01-25-.05 FUNDING AND OPERATION

(1) Pursuant to T.C.A. § 49-8-1506, ISDs shall receive, control, and expend local, state, and federal funds for schools in their jurisdiction in the same manner as other LEAs.

(2) If a Training School transitions from being operated pursuant to a contract between an LEA and a public university pursuant to T.C.A. § 49-8-105 to being operated as part of an ISD, the LEA shall, for the first school year that the Training School is operated as part of the ISD, provide the governing body for a public university that operates the ISD with the same level of support for the operation of the Training School as the LEA provided to the public university under the contract.

(a) Level of support for the operation of the Training School shall include any mutually agreed-upon support services provided by the LEA to the Training School, including but not limited to nutrition programs, special education, or transportation. This level support is separate from the ISD’s funding pursuant to paragraph (1) of this Rule.

History

Authority: T.C.A. §§ 49-1-302 and 49-8-1501, et seq.; and Chapter 1053, Section 17 of Public Acts of 2024.
Administrative History: New rules filed October 2, 2025; effective December 31, 2025.

Tenn. Comp. R. & Regs. 0520-01-25-.06 REPORTING

(1) Pursuant to T.C.A. § 49-8-1504(b), the ISD, in collaboration with the Department, shall annually, on a timeline set by the Department, determine the research, practice, and December, 2025 4 professional development goals for the ISD in addition to the professional development requirements for all other LEAs and established by law.

(2) Pursuant to T.C.A. § 49-8-1508, beginning January 15 following one (1) full school year of operation of an ISD and each January 15 thereafter, the local board of education for an ISD shall provide a report to the Department including:

(a) Findings and recommendations based on the research goals; and (b) Compliance data for the practice and professional development goals.

(3) Upon request, the Department shall transmit the annual ISD reports to the State Board, Tennessee General Assembly, or Office of the Governor.

(4) The ISD shall participate in any monitoring requirements that apply to LEAs, including the Department’s processes for monitoring compliance with federal and state laws and State Board of Education rules.

History

Authority: T.C.A. §§ 49-1-302 and 49-8-1501, et seq.; and Chapter 1053, Section 17 of Public Acts of 2024.
Administrative History: New rules filed October 2, 2025; effective December 31, 2025.

Tenn. Comp. R. & Regs. 0520-01-25-.07 APPEALS

(1) A public university may appeal the Department’s determinations to:

(a) Deny approval to operate an ISD;

(b) Revoke approval during the one-year planning period; or (c) Require a one-time, one-year extension during the planning period.

(2) All appeals shall be submitted on the appeals form provided on the Department’s website. If an appeal is not submitted on the appropriate appeal form or by the requisite deadline, the appeal shall be denied.

(3) Appeals shall follow the following two-step process:

(a) Only timely filed step one appeals shall be reviewed and acted upon by the Department.

To be considered timely filed, step one appeals must be submitted to the Department within fourteen (14) calendar days of the Department electronically sending the determination that is being appealed. The day that the Department sends the determination shall not count as part of the fourteen (14) calendar days. The Commissioner or Commissioner’s designee shall make a determination and issue an electronic notification to the appealing party within forty-five (45) calendar days of receiving the timely filed step one appeal.

(b) If the Department makes a determination to deny the step one appeal, the appealing party may file a step two appeal. Step two appeals shall be reviewed by an administrative law judge in accordance with the procedures set forth in the Uniform Administrative Procedures Act, T.C.A. §§ 4-5-301 et seq. Step two appeals must be submitted to the Department within thirty (30) calendar days of the Department electronically sending the step one determination. The day that the Department sends the step one determination shall not count as part of the thirty (30) calendar days.

December, 2025 5 (4) If the deadline to submit an appeal falls on a weekend or state holiday, the appeal shall be considered timely submitted if it is received by the next business day after the weekend or state holiday.

(5) If an appeal is not timely submitted, the appeal shall be deemed denied.

History

Authority: T.C.A. §§ 49-1-302 and 49-8-1501, et seq.; and Chapter 1053, Section 17 of Public Acts of 2024.
Administrative History: New rules filed October 2, 2025; effective December 31, 2025.

Tenn. Comp. R. & Regs. 0520-01-25-.08 FUTURE EDUCATIONAL NEEDS

(1) Future educational needs of Tennessee are defined as needs identified in one (1) or more of the following:

(a) The State Board’s current Master Plan;

(b) The Department’s current Strategic Plan; or (c) Tennessee’s State Plan prepared to meet the requirements of the Carl D. Perkins Career and Technical Education Act.

(2) The ISD shall indicate in its application how its instructional programs meet the future educational needs of Tennessee according to the one (1) or more of the documents listed in this section.

History

Authority: T.C.A. §§ 49-1-302 and 49-8-1501, et seq.; and Chapter 1053, Section 17 of Public Acts of 2024.
Administrative History: New rules filed October 2, 2025; effective December 31, 2025.

Chapter 0520-02-01 Evaluations

Tenn. Comp. R. & Regs. 0520-02-01-.01 DEFINITIONS

(1) The following definitions shall only be applicable to this chapter:

(a) “Educator” means teachers, administrators, or non-instructional licensed staff as further defined in this rule.

(b) “Teacher” means licensed, instructional staff who are responsible for providing direct instruction to students for the majority of the instructional day.

(c) “Administrator” means staff, including, but not limited to principals or assistant principals, who spend a majority of the instructional day on administrative duties.

(d) “Non-instructional Licensed Staff” means staff including, but not limited to, Library media specialists and Response to Intervention (RTI) coordinators who have a Tennessee educator license but who are not classroom teachers.

(e) “Administrative Duties” means duties typically performed by a principal or assistant principal, including, but not limited to performing evaluations, delivering professional development, providing instructional coaching, scheduling students and staff, facilitating data team meetings, and other actions that provide support to teachers and non-instructional licensed staff.

(f) “State Board” means the Tennessee State Board of Education.

(g) “The Department” means the Tennessee Department of Education.

(h) “LEA” means a Tennessee local education agency and has the same meaning given in T.C.A. § 49-1-103(2).

(i) “Local Board” means a Tennessee local board of education.

(j) “Charter School” means a Tennessee public charter school authorized to operate under T.C.A. Title 49, Chapter 13.

History

Authority: T.C.A. §§ 49-1-201, 49-1-301, 49-1-302, and 49-5-5205; Executive Order No. 14 of 2020 (and applicable, subsequent Executive Orders addressing COVID-19 relief); and Public Chapter 652 of 2020.
Administrative History: Original rule certified June 10, 1974. Repeal and new rule filed July 17, 1981; effective October 28, 1981. Amendment filed March 7, 1983; effective June 15, 1983. Amendment filed September 30, 1986; effective November 14, 1986. Amendment filed October 18, 1988; effective January 29, 1989. Amendment filed November 18, 1988; effective February 28, 1989. Amendment filed October 31, 1989; effective January 29, 1990. Repeal and new rule filed March 16, 1992; effective June 29, 1992. Amendment filed April 27, 1998; effective August 28, 1998. Amendment filed May 28, 1999; effective September 28, 1999. Repeal and new rule filed February 18, 2011; effective July 29, 2011. Amendment filed December 16, 2011; effective May 30, 2012. Emergency rules filed April 16, 2020; effective through October 13, 2020. Emergency rules expired effective October 14, 2020; and the rules reverted to their previous statuses. Amendments filed December 4, 2020; effective March 4, 2021.

Tenn. Comp. R. & Regs. 0520-02-01-.02 GENERAL REQUIREMENTS FOR EVALUATION

(1) Local boards of education and charter schools shall implement annual evaluations for educators in accordance with T.C.A. § 49-1-302, these rules, and the State Board Educator Evaluation Policy 5.201. The Department of Education may issue additional guidance.

(2) The annual evaluation model utilized by local boards of education and charter schools shall be comprised of multiple measures including student growth data, student achievement data, and qualitative data. Each educator’s student growth data, student achievement data, and qualitative data shall be combined into a Level of Overall Effectiveness (LOE) rating that differentiates educator performance. The five (5) LOE ratings are:

(a) Significantly above expectations (level 5);

(b) Above expectations (level 4);

(d) Below expectations (level 2); and (e) Significantly below expectations (level 1).

(3) Evaluations shall be conducted in accordance with the timelines published by the Department.

(4) For teachers with individual growth data, sixty percent (60%) of the evaluation criteria shall be comprised of student achievement data. This sixty percent (60%) shall include thirty-five percent (35%) student growth data as represented by the Tennessee Value Added Assessment System (TVAAS) or some other comparable measure of student growth, if no such TVAAS data is available, and twenty-five percent (25%) based on other measures of student achievement as defined in State Board Policy 5.201. The remaining forty percent (40%) of the evaluation shall be comprised of qualitative data using the qualitative appraisal instrument contained in the approved evaluation model utilized by the local board of education or charter school.

(a) If a teacher's individual student growth data reflects attainment of an achievement level of level 3, level 4, or level 5, then the student growth data shall comprise the full sixty percent (60%) student achievement data portion of the teacher's evaluation, if such use results in a higher evaluation score for the teacher.

(b) Local boards of education may adopt a policy allowing teachers whose individual student growth data demonstrates an effectiveness level of 4 or 5 to use the individual student growth score as one hundred percent (100%) of the teacher's final evaluation score.

(c) A teacher's most recent year's individual student growth data shall comprise the full thirty-five percent (35%) of the student growth data portion of the teacher's evaluation, if such use results in a higher evaluation score for the teacher.

(d) Beginning in the 2022-23 school year, if a teacher for the current evaluation year does not have access to individual growth data due to changes in academic standards or assessment design requiring standards validation or standards setting in the teacher’s content or subject area, fifteen percent (15%) of the evaluation criteria shall be comprised of other measures of student achievement as defined in State Board Educator Evaluation Policy 5.201. The remaining eighty-five percent (85%) of the evaluation shall be comprised of qualitative data using the qualitative appraisal instrument contained in the approved evaluation model utilized by the local board of education or charter school, unless using the evaluation criteria specified in paragraph (5) of this rule results in a higher final evaluation score for the teacher.

(5) For teachers and non-instructional licensed staff without individual student growth data, thirty percent (30%) of the evaluation criteria shall be comprised of student achievement data, including fifteen percent (15%) student growth data as evidenced by the school-level composite TVAAS score, and fifteen percent (15%) based on other measures of student achievement as defined in State Board Policy 5.201. The remaining seventy percent (70%) shall be comprised of qualitative data using the qualitative appraisal instrument contained in the approved evaluation model utilized by the local board of education or charter school.

(a) For educators in state special schools without individual, school, or district growth data, fifteen percent (15%) of the evaluation criteria shall be comprised of other measures of student achievement as defined in State Board Policy 5.201. The remaining eighty-five percent (85%) of the evaluation shall be comprised of qualitative data.

(6) For school administrators, the evaluation shall be comprised of thirty-five percent (35%) student growth data as evidenced by the school composite TVAAS score, fifteen percent (15%) shall be comprised of other measures of student achievement data as defined in State Board Policy 5.201, and the remaining fifty percent (50%) shall be comprised of qualitative data.

(a) If a school administrator’s student growth data reflects attainment of an achievement level 3, level 4, or level 5, then the student growth data shall comprise fifty percent (50%) of the school administrator’s evaluation, if such use results in a higher evaluation score for the school administrator.

(7) Evaluation scores shall be a factor in employment decisions, including, but not limited to, promotion, retention, termination, compensation, and the attainment of tenure status; however, nothing shall require an LEA to use student achievement data based on state assessments as the sole factor in employment decisions.

(8) The Department of Education shall monitor observation scores each year and ensure consistent application of observation standards across districts. Districts and schools that fall outside the acceptable range of alignment between student achievement data and observation results as defined in Educator Evaluation Policy 5.201 may be subject to additional training and monitoring by the Department as further defined in Educator Evaluation Policy 5.201.

History

Authority: T.C.A. §§ 49-1-201, 49-1-301, 49-1-302, and 49-5-5205.
Administrative History: Original rule certified June 10, 1974. Amendment filed June 10, 1974; effective July 10, 1974. Repeal and new rule filed July 17, 1981; effective October 28, 1981. Amendment filed September 30, 1986; effective November 14, 1986. Amendment filed September 20, 1987; effective December 22, 1987. Amendment filed January 31, 1991; effective May 1, 1991. Repeal and new rule filed March 16, 1992; effective June 29, 1992. Amendment filed April 27, 1998; effective August 28, 1998. Amendment filed May 28, 1999; effective September 28, 1999. Amendment filed April 28, 2000; effective August 28, 2000. Amendment filed October 31, 2002; effective February 28, 2003. Amendment filed September 6, 2007; effective January 28, 2008. Repeal and new rule filed February 18, 2011; effective July 29, 2011. Amendment filed December 16, 2011; effective May 30, 2012. Amendments filed December 4, 2020; effective March 4, 2021. Amendments filed January 10, 2023; effective April 10, 2023.

Tenn. Comp. R. & Regs. 0520-02-01-.03 EVALUATION COMPONENTS

(1) Student Growth Data.

(a) The student growth data component shall be represented by the Tennessee Value- Added Assessment System (TVAAS) or some other comparable measure of student growth, if no such TVAAS data is available.

For teachers with individual TVAAS scores, the student growth measures shall be comprised of the TVAAS score.
For teachers and other educators who do not have individual TVAAS scores, LEAs may choose from the following alternative individual growth score measures:

(i) A student growth model specified in State Board Policy 5.201.

(ii) A pre-K/Kindergarten alternative growth model approved in accordance with the requirements in State Board Policy 5.201.

For teachers implementing an alternative growth model approved by the State Board, the student growth data component of the evaluation shall be comprised of the alternative growth score.

(i) Each LEA and charter school shall use at least one (1) alternative growth model that has been approved by the State Board to provide an alternative individual growth score to teachers and other educators who do not have individual TVAAS scores.

For school administrators, the student growth measure shall be comprised of schoolwide composite TVAAS.

(2) Student Achievement Data.

(a) The student achievement measure for educators shall be selected in collaboration with the evaluator from the list of achievement measures listed in State Board Policy 5.201.

(b) The selected achievement measure shall be a measure aligned as closely as possible to the educator’s primary teaching assignment. If the educator and evaluator do not agree on a measure, the educator being evaluated shall select the measure. The evaluation measures shall be verified by the Department to ensure that the evaluations correspond with the teaching assignments or duties of each educator.

(c) Educators may use a student growth measure of level three (3), four (4), or five (5) in lieu of the achievement measure if it results in a higher overall evaluation score.

(3) Qualitative Data.

(a) The qualitative, or observation, portion of the evaluation model shall use multiple data sources to evaluate educator practice against the qualitative appraisal instrument contained in each approved observation model.

(b) All classroom teachers and non-instructional, licensed staff shall be observed with a State Board-approved observation model.

(c) All school administrators shall be observed with a State Board-approved administrator observation model based on the Tennessee Instructional Leadership Standards (TILS) contained in State Board Policy 5.106.

(d) All teachers and non-instructional, licensed staff, with the exception of noninstructional, licensed staff observed using the school services personnel rubric, shall have at least one-half (½) of all observations be unannounced. A minimum of one (1) observation shall be announced for teachers and non-instructional, licensed staff scoring levels one through four (1–4) on individual growth or level of overall effectiveness. For teachers and non-instructional, licensed staff scoring level 5 on individual growth or level of overall effectiveness, with the exception of noninstructional, licensed staff observed using the school services personnel rubric, the required observation shall be unannounced. All observations for non-instructional, licensed staff observed using the school services personnel rubric shall be announced observations.

(e) Evaluators shall provide written feedback and a face-to-face debrief with the educator, within one (1) week of the conclusion of each observation.

(f) Observation pacing for teachers and non-instructional, licensed staff shall meet the requirements outlined in State Board Policy 5.201.

History

Authority: T.C.A. §§ 49-1-302; 49-5-5003; 49-5-5004; 49-5-5101, et seq.; and 49-5-5205.
Administrative History: Original rule certified June 10, 1974. Amendment filed June 10, 1974; effective July 10, 1974. Repeal and new rule filed July 17, 1981; effective October 28, 1981. Repeal and new rule filed March 16, 1992; effective June 29, 1992. Amendment filed May 28, 1999; effective September 28, 1999. Amendment filed April 28, 2000; effective August 28, 2000. Repeal filed February 18, 2011; effective July 29, 2011. New rule filed December 4, 2020; effective March 4, 2021.

Tenn. Comp. R. & Regs. 0520-02-01-.04 THROUGH 0520-02-01-.14 REPEALED

History

Authority: T.C.A. §§ 49-1-302, 49-5-5003, 49-5-5004, and 49-5-5101, et seq.
Administrative History: Repeal filed May 28, 1999; effective September 28, 1999.

Tenn. Comp. R. & Regs. 0520-02-01-.15 OBSERVATION MODELS

(1) Each LEA shall use the Tennessee Educator Acceleration Model (TEAM) or an alternative observation model approved by the State Board and listed in State Board Policy 5.201.

(2) School administrators shall be observed using an approved observation model based on the Tennessee Instructional Leadership Standards (TILS) contained in State Board Policy 5.106.

(3) LEAs and charter schools may use a State Board-approved student survey instrument weighted in accordance with the approved observation model.

(4) In lieu of the TEAM model, LEAs may select an alternate observation model from a State Board-approved list. Public charter schools or charter management organizations, if applicable, may select the state observation model, an alternate observation model approved by the State Board for LEAs, or a charter school alternate observation model from a State Board-approved list.

(5) LEAs and charter schools may submit an alternate observation model to the Department for review and recommendation to the State Board. All proposed alternate observation models shall, at a minimum:

(a) Be research-based, effectively differentiate teacher performance, and meet all legal requirements regarding evaluation;

(b) Differentiate educator performance into five (5) performance levels. The use of a conversion plan to convert scores on a different scale to a five (5)-level scale is permitted, if the conversion plan is approved by the State Board;

(c) Include a plan for observation data to be submitted into the state evaluation data system on an annual basis in compliance with timelines determined by the Department;

(d) Require yearly certification of all evaluators;

(e) Include a formal feedback component; and (f) Include at least the same number of observations as required by the TEAM model.

(6) LEAs may propose to pilot an alternate observation model to the Department via the following process:

(a) A formal request to pilot a new alternate observation model shall be submitted to the Department by January 15 of the year prior to implementation of the pilot.

(b) The request to pilot shall, at a minimum, include the proposed observation rubric, documentation that the proposed model meets the minimum requirements for alternate observation models as outlined in paragraph (6) of this rule, the research base for the particular model, and the numbers of teachers and schools to be involved in the pilot.

The Department shall review the proposed pilot and the Commissioner or Commissioner’s designee shall approve or deny the proposed pilot.
If approved, data regarding the outcome of the pilot shall be submitted to the Department no later than July 1 following the piloted school year.
The Department shall review the data from the proposed observation model pilot and shall recommend approval or denial of the alternate observation model to the State Board.

(7) Charter schools or charter management organizations, if applicable, may propose an alternate observation model via the following process:

(a) A proposal shall be submitted to the Department by January 15 of the year prior to implementation.

(b) Each proposal shall include the proposed observation rubric, evidence that the proposed model meets the minimum requirements for alternate observation models as outlined in paragraph (6) of this rule, and the research base for the particular model.

(c) The Department shall review the proposed model and shall recommend to the State Board either approval or denial of the model.

(8) LEAs using an approved alternate observation model shall submit the following documents to the Department by June 1 each year:

(a) Documents noting any proposed changes to the evaluation model for the following school year; and (b) An annual plan for ensuring all evaluators are certified.

(9) The approved evaluation model for non-public school teachers shall be the state’s evaluation framework used by all schools prior to 2011-12 school year.

History

Authority: T.C.A. § 49-1-302.
Administrative History: Original rule filed December 4, 2020; effective March 4, 2021.

Tenn. Comp. R. & Regs. 0520-02-01-.16 REQUIREMENTS FOR EVALUATORS

(1) All educators must be evaluated annually by a certified evaluator.

(2) Training of Evaluators. Anyone conducting an evaluation and/or observation shall complete a certification process determined by the Department of Education. To become certified, a potential evaluator must:

(a) Participate in an official state-sponsored evaluation training or the training model for an approved alternative evaluation plan; and (b) Pass the subsequent certification test designed by the Department pursuant to required passing scores in Evaluation Policy 5.201.

(3) The training process shall be conducted by a trainer certified by the Department of Education.

Local boards of education that choose an alternative evaluation plan shall present their training plans to the Department of Education by August 1 of each year. Certification is valid through June 30 of the current school year regardless of the certification date.

History

Authority: T.C.A. § 49-1-302.
Administrative History: Original rule filed December 4, 2020; effective March 4, 2021.

Tenn. Comp. R. & Regs. 0520-02-01-.17 PARTIAL YEAR EXEMPTIONS

(1) Educators who are employed under contracts of duration of one hundred twenty (120) days per school year or fewer or who are not employed full-time shall receive a partial year exemption.

(2) Full-time educators who would otherwise receive an evaluation score may be eligible to receive a partial year exemption under the following circumstances:

(a) The educator has been on extended leave and cannot provide the one hundred twenty (120) days of instruction to students required to receive an evaluation score;

(b) The educator has transferred to a different school during the school year and cannot provide the one hundred twenty (120) days of instruction to students; or (c) The educator has transferred to another role during the school year and cannot provide the one hundred twenty (120) days of instruction to students.

(3) Partial year exemptions shall be identified by the LEA or charter school in the state evaluation data system.

(4) Educators who receive a partial year exemption shall not receive an evaluation score for that school year.

History

Authority: T. C.A. § 49-1-302.
Administrative History: Original rule filed December 4, 2020; effective March 4, 2021.

Tenn. Comp. R. & Regs. 0520-02-01-.18 LOCAL LEVEL GRIEVANCES

(1) T.C.A. § 49-1-302 provides for a local-level evaluation grievance procedure, which shall provide a means for evaluated teachers and school administrators to challenge only the accuracy of the data used in the evaluation and the adherence to the evaluation rules and policies adopted by the State Board.

(2) All local-level grievance procedures shall be aligned with the requirements of this rule, State Board Policy 5.201, and the Local-Level Grievance Protocol published by the Department.

The local-level grievance procedure shall provide for a review of the data used for the calculation of an evaluation score to ensure it is properly attributed to the educator.

(3) The director of schools or charter school leader shall ensure all educators are aware of the local-level grievance procedures and shall ensure the grievance process is conducted without fear, discrimination, or reprisal.

(4) Each local-level grievance procedure shall provide educators an opportunity to request for a review of the accuracy of the data, including the following:

(a) The calculation of the qualitative score to ensure the correct procedures were followed; and (b) Student scores used as part of the quantitative portion to ensure they were correctly assigned to the educator.

(5) All grievances shall be filed with the educator’s LEA or charter school governing body. If the grievance decision does not require a change to the educator’s evaluation score, the grievance shall be resolved by the LEA or charter school governing body. If a grievance decision by an LEA or charter school governing body would require a change to an educator’s evaluation score, the grievance resolution shall be submitted to the Department for final approval and action.

(6) Minor procedural errors in implementing the evaluation model shall be resolved by the LEA or charter school governing body procedure but shall not constitute grounds for challenging the final results of an evaluation. Minor procedural errors shall be defined as errors that do not materially affect or compromise the integrity of the evaluation results. The final results of an evaluation may only be challenged if the person being evaluated can demonstrate, no later than during step II of the grievance procedure, that the procedural errors made could materially affect or compromise the integrity of the evaluation results. The Department shall provide guidance on which procedural errors may materially affect or compromise the results of the evaluation.

(7) Grievances may be filed at the end of each of the three (3) components of the evaluation model: qualitative appraisal; student growth measures; and other measures of student achievement.

(8) A grievance shall be filed no later than fifteen (15) days from the date educators receive the results for each component; otherwise the grievance shall be considered untimely and invalid. Nothing shall preclude educators from filing a grievance at any time prior to the deadlines stated herein.

(9) LEAs and charter schools shall develop and make available standard grievance forms. No grievance may be denied because the standard form adopted by the educator’s LEA or charter school has not been used, as long as the components required by this rule are included.

(10) Each grievance submitted shall contain:

(a) The educator’s name, position, school, and additional title, if any;

(b) The name of the educator’s immediate supervisor;

(d) The date the challenged evaluation was received;

(e) The evaluation period in question;

(f) The basis for the grievance, which must include an allegation of inaccurate data used in the evaluation or a failure to follow correct evaluation procedures under this rule and State Board Policy 5.201. A failure to state the basis for the grievance shall result in the grievance being considered invalid;

(g) The corrective action desired by the educator; and (h) Sufficient facts or other information to begin an investigation.

(11) Procedures. The grievance process shall be conducted in accordance with the following three (3) steps:

(a) Step I – Evaluator. Educator submits their grievance to the evaluator.

Written grievance containing the information required under paragraph ten (10) is submitted to the evaluator within fifteen (15) days of receipt of the result of the component being grieved.
Local administrative investigation and fact finding. Evaluator submits decision to LEA administrator or charter school leader for review and confirmation of final decision.
Decision clearly communicated in writing to educator within fifteen (15) days of receipt of the grievance. If a grievance is resolved at Step I and requires a change to an educator’s evaluation score, the grievance resolution shall be submitted to the Department for final approval and action.
To allow disputes to be resolved at the lowest level possible, the evaluator may take necessary action, based on the circumstances, to correct any procedural errors made in the evaluation process.

(b) Step II – Director of Schools or Charter School Leader. If a grievance is not resolved to the satisfaction of the educator at Step I, the Step I decision may be appealed to the director of schools or charter school leader or their designee who shall have had no input or involvement in the evaluation for which the grievance has been filed.

Written grievance and prior step decision submitted by the educator to the director of schools or charter school leader or their designee within fifteen (15) days of receipt of decision from Step I. The designee cannot be used in cases involving a school administrator’s evaluation.
Informal discussion or hearing of facts, allegations, and testimony by appropriate witnesses as soon as practical. An attorney or a representative of an educator may speak on behalf of the educator during the informal discussion or hearing but is not required.
Local investigation, fact finding, and written final decision communicated to the educator in writing within fifteen (15) days of discussion.
If a grievance is resolved at Step II and requires a change to an educator’s evaluation score, the grievance resolution shall be submitted to the Department for final approval and action.
To allow disputes to be resolved at the lowest level possible, the Director of Schools or charter school leader may take necessary action, based on the circumstances, to immediately correct any procedural errors made in the evaluation process.

(c) Step III – Local Board of Education or Charter School Governing Body. If a grievance is not resolved to the satisfaction of the educator at Step II, the Step II decision may be appealed by the educator to the local board of education or charter school governing body.

To appeal the Step II decision to the local board of education or charter school governing body educators must submit a written grievance and all relevant documentation to the local board of education or charter school governing body within fifteen (15) days of receipt of the decision from Step II. Educators may include with the grievance a request for a full hearing before the local board of education or charter school governing body as part of the written grievance.
The board of education or charter school governing body, may grant a request for a full hearing or if the board of education or charter school governing body denies a request for a full hearing, the local board or charter school governing body may affirm or overturn the decision of the director of schools or charter school leader without a hearing by basing the decision upon the record from the previous grievance steps. Any hearing granted by the board of education or charter school governing body shall be held no later than thirty (30) days after receipt of a Step III appeal and request for a hearing.
The local board of education or charter school governing body shall give written notice of the time and place of any hearing to the educator, director of schools or charter school leader, and all administrators involved.
If a grievance is resolved at Step III and requires a change to an educator’s evaluation score, the grievance shall be submitted to the Department for final approval and action.
The decision of the local board of education or charter governing body shall be communicated in writing to all parties, no later than thirty (30) days after conclusion of the hearing.
The local board of education or charter school governing body shall serve as the final step for all local level grievances to resolve issues with the qualitative portions of the evaluation process.
An attorney may represent an educator before the local board of education or charter governing body. The educator and the local board of education or charter governing body may have counsel present at discussions prior to the final step.

History

Authority: T.C.A. § 49-1-302.
Administrative History: Original rule filed December 4, 2020; effective March 4, 2021.

Chapter 0520-02-02 Career Ladder

Tenn. Comp. R. & Regs. 0520-02-02-.01 SCOPE

The career ladder program was discontinued in 1997; however, supplements continue to be paid to any teacher with an active license who earned a career ladder endorsement prior to discontinuation of the program.

History

Authority: T.C.A. §§ 49-1-302 and 49-5-5001, et seq.
Administrative History: (For history prior to November 14, 1986, see pages i through vii.) Amendment filed September 30, 1986; effective November 14, 1986. Repeal and new rule filed March 16, 1992; effective June 29, 1992. Amendment filed January 31, 1995; effective May 31, 1995. Amendment filed May 28, 1999; effective September 28, 1999. Amendments filed August 29, 2018; effective November 27, 2018.

Tenn. Comp. R. & Regs. 0520-02-02-.02 CAREER LADDER ELIGIBILITY

(1) The following teachers with a career ladder endorsement shall be eligible to receive career ladder payments until retirement:

(a) General education;

(b) Career and technical education;

(d) Special education;

(e) School nutrition program supervisors;

(f) Speech and language specialists;

(g) Librarians;

(h) School counselors;

(i) Consulting teachers;

(j) School psychologists and social workers;

(k) Attendance supervisors;

(l) Principals;

(m) Assistant principals; and (n) Supervisors.

(2) Additionally, educators in the following positions who meet the specified requirements shall be eligible to receive career ladder payments until retirement:

(a) Permanent Substitute Teachers or Part-time Teachers.

A permanent substitute or part-time teacher shall be defined as a teacher who is employed to teach at least 540 hours (actual instructional time) during any given school year.
A permanent substitute or part-time teacher shall receive that portion of the incentive salary supplement for his or her career level proportionate to the percentage of total instructional time (1080 hours) worked during the school year.

(b) Educators in Dual Positions.

Educators employed full-time in dual or multiple assignments shall be eligible to receive full salary supplements.
Educators employed full-time in dual or multiple assignments may participate in the career ladder program provided that at least fifty percent (50%) of their time is spent in assignments that are covered by the career ladder system.

The local board of education shall grant fifty percent (50%) credit for experience to teaching principals with a valid principal endorsement who spend less than fifty percent (50%) of the time dedicated to administrative duties.
The local board of education shall grant fifty percent (50%) credit for experience to teaching assistant principals with a valid principal endorsement who spend less than fifty percent (50%) of the time dedicated to administrative duties.

History

Authority: T.C.A. §§ 49-1-302; 49-5-5001, et seq.; 49-5-5005; 49-5-5201, et seq.; 49-5-5301; 49-5-5401; and 49-5-5501.
Administrative History: (For history prior to November 14, 1986 see pages i through vii.) Amendment filed September 30, 1986; effective November 14, 1986. Repeal and new rule filed March 16, 1992; effective June 29, 1992. Amendment filed January 31, 1995; effective May 31, 1995. Amendment filed May 28, 1999; effective September 28, 1999. Amendments filed August 29, 2018; effective November 27, 2018.

Tenn. Comp. R. & Regs. 0520-02-02-.03 BREAKS IN SERVICE

(1) A break in service shall be defined as any interruption in teaching service on the part of a teacher, assistant principal, principal, instructional supervisor, or other educator with a career ladder endorsement.

(a) If an educator’s employment includes a break in service, that educator’s career ladder endorsement shall be “frozen” at the commencement of the break in service.

(b) If the break in service is less than 100 days (in any one school year), that year shall count toward the educator’s years of experience. If the break in service is 100 days or more (in any one school year), that year shall not count toward the educator’s years of experience.

(c) Upon re-employment of a career ladder endorsed educator after a break in service, the educator shall notify the Director of Schools of his or her career ladder eligibility.

(2) A career ladder educator who moves temporarily into a professional position not included in the career ladder program, and which is not considered an interruption in teaching service, may continue to use the previous valid career ladder endorsement and receive the supplement associated with it for one (1) year. Thereafter, the career ladder educator shall be subject to the provisions of that position unless the educator returns to the previously held position, and the educator’s previously held career ladder endorsement shall be frozen in accordance with the provisions stipulated in paragraph (1) of this rule. It shall be the responsibility of the local school system to notify the Office of Teacher Licensing when an educator is placed temporarily in a position not included in the career ladder program.

History

Authority: T.C.A. §§ 49-1-302, 49-5-5003, 49-5-5004, and 49-5-5104.
Administrative History: (For history prior to November 14, 1986 see pages i through vii.) Amendment filed September 30, 1986; effective November 14, 1986. Repeal and new rule filed March 16, 1992; effective June 29, 1992. Amendment filed May 28, 1999; effective September 28, 1999. Amendments filed August 29, 2018; effective November 27, 2018.

Tenn. Comp. R. & Regs. 0520-02-02-.04 REPEALED

History

Authority: T.C.A. §§ 49-1-302, 49-5-108, 49-5-5003, 49-5-5004, and 49-5-5005.
Administrative History: (For history prior to November 14, 1986 see pages i through vii.) Repeal and new rule filed March 16, 1992; effective June 29, 1992. Amendment filed May 28, 1999; effective September 28, 1999. Repeal filed August 29, 2018; effective November 27, 2018.

Tenn. Comp. R. & Regs. 0520-02-02-.05 REPEALED

History

Authority: T.C.A. §§ 49-1-302, 49-5-5003, 49-5-5004, 49-5-5103, and 49-5-5202.
Administrative History: (For history prior to November 14, 1986 see pages i through vii.) Amendment filed September 30, 1986; effective November 14, 1986. Repeal and new rule filed March 16, 1992; effective June 29, 1992. Amendment filed May 28, 1999; effective September 28, 1999. Repeal filed August 29, 2018; effective November 27, 2018.

Tenn. Comp. R. & Regs. 0520-02-02-.06 CAREER LADDER PAYMENTS

(1) Career ladder supplements shall be paid according to the educator’s career ladder endorsement:

(a) Career ladder I (b) Career ladder II (c) Career ladder III (2) Educators shall be employed for a minimum of 100 days to be eligible for career ladder payments.

(3) Eligible educators who are employed between 100 and 199 days shall receive a pro-rated career ladder payment based on the number of days employed.

(4) Educators who are employed 200 days or more shall receive the full career ladder payment based on their level of endorsement.

(5) Career ladder payments shall be paid by the local school district on the regular pay period or semi-annual basis. The local school system shall decide which method of payment shall be used for a school year and shall report this action to the Commissioner of Education.

History

Authority: T.C.A. §§ 49-1-302, 49-5-5003, 49-5-5004, and 49-5-5103.
Administrative History: (For history prior to November 14, 1986 see pages i through vii.) Amendment filed September 30, 1986; effective November 14, 1986. Amendment filed May 21, 1987; effective August 29, 1987. Repeal and new rule filed March 16, 1992; effective June 29, 1992. Amendment filed May 28, 1999; effective September 28, 1999. Amendments filed August 29, 2018; effective November 27, 2018.

Tenn. Comp. R. & Regs. 0520-02-02-.07 REPEALED

History

Authority: T.C.A. §§ 49-1-302, 49-5-5003, 49-5-5004, and 49-5-5104.
Administrative History: (For history prior to November 14, 1986 see pages i through vii.) Amendment filed September 30, 1986; effective November 14, 1986. Repeal and new rule filed March 16, 1992; effective June 29, 1992. Amendment filed May 28, 1999; effective September 28, 1999. Repeal filed August 29, 2018; effective November 27, 2018.

Tenn. Comp. R. & Regs. 0520-02-02-.08 REPEALED

History

Authority: T.C.A. §§ 49-1-302 and 49-5-5004.
Administrative History: (For history prior to November 14, 1986 see pages i through vii.) Amendment filed September 30, 1986; effective November 14, 1986. Repeal and new rule filed March 16, 1992; effective June 29, 1992. Amendment filed May 28, 1999; effective September 28, 1999. Repeal filed August 29, 2018; effective November 27, 2018.

Tenn. Comp. R. & Regs. 0520-02-02-.09 REPEALED

History

Authority: T.C.A. §§ 49-1-302, 49-5-108, 49-5-5003, and 49-5-5004.
Administrative History: (For history prior to November 14, 1986 see pages i through vii.) Amendment filed September 30, 1986; effective November 14, 1986. Repeal and new rule filed March 16, 1992; effective June 29, 1992. Amendment filed May 28, 1999; effective September 28, 1999. Repeal and new rule filed September 6, 2013; effective February 28, 2014. Repeal filed August 29, 2018; effective November 27, 2018.

Tenn. Comp. R. & Regs. 0520-02-02-.20 REPEALED

History

Authority: T.C.A. §§ 49-1-302, 49-5-5003, 49-5-5004, and 49-5-5501.
Administrative History: (For history prior to November 14, 1986, see pages i through vii.) Amendment filed September 30, 1986; effective November 14, 1986. Amendment filed November 18, 1987; effective February 28, 1988. Repeal and new rule filed March 16, 1992; effective June 29, 1992. Repeal filed August 29, 2018; effective November 27, 2018.

Tenn. Comp. R. & Regs. 0520-02-02-.27 REPEALED

History

Authority: T.C.A. §§ 49-1-302 and 49-5-5004.
Administrative History: Repeal and new rule filed March 16, 1992; effective June 29, 1992. Repeal filed August 29, 2018; effective November 27, 2018.

Tenn. Comp. R. & Regs. 0520-02-02-.29 REPEALED

History

Authority: T.C.A. §§ 49-1-302 and 49-5-5009.
Administrative History: (For history prior to November 14, 1986 see pages i through vii.) Amendment filed September 30, 1986; effective November 14, 1986. Repeal and new rule filed March 16, 1992; effective June 29, 1992. Repeal filed August 29, 2018; effective November 27, 2018.

Tenn. Comp. R. & Regs. 0520-02-02-.36 REPEALED

History

Authority: T.C.A. §§ 49-1-302, 49-5-108, and 49-5-5009.
Administrative History: (For history prior to November 14, 1986 see pages i through vii.) Amendment filed September 30, 1986; effective November 14, 1986. Amendment filed November 22, 1988; effective February 28, 1989. Repeal filed March 16, 1992; effective June 29, 1992.

Tenn. Comp. R. & Regs. 0520-02-02-.21 REPEALED

History

Authority: T.C.A. §§ 49-1-302 and 49-5-5004.
Administrative History: Original rule filed October 15, 1986; effective January 27, 1987. Repeal and new rule filed March 16, 1992; effective June 29, 1992. Repeal filed August 29, 2018; effective November 27, 2018.

Tenn. Comp. R. & Regs. 0520-02-02-.22 REPEALED

History

Authority: T.C.A. §§ 49-1-302, 49-5-5003, and 49-5-5004.
Administrative History: Repeal and new rule filed March 16, 1992; effective June 29, 1992. Repeal filed August 29, 2018; effective November 27, 2018.

Tenn. Comp. R. & Regs. 0520-02-02-.23 REPEALED

History

Authority: T.C.A. §§ 49-1-302, 49-5-5003, and 49-5-5004.
Administrative History: Repeal and new rule filed March 16, 1992; effective June 29, 1992. Repeal filed August 29, 2018; effective November 27, 2018.

Tenn. Comp. R. & Regs. 0520-02-02-.24 REPEALED

History

Authority: T.C.A. §§ 49-1-302, 49-5-5003, and 49-5-5004.
Administrative History: Repeal and new rule filed March 16, 1992; effective June 29, 1992. Repeal filed August 29, 2018; effective November 27, 2018.

Tenn. Comp. R. & Regs. 0520-02-02-.25 REPEALED

History

Authority: T.C.A. §§ 49-1-302, 49-5-5003, 49-5-5004, and 49-5-5103.
Administrative History: Repeal and new rule filed March 16, 1992; effective June 29, 1992. Repeal filed August 29, 2018; effective November 27, 2018.

Tenn. Comp. R. & Regs. 0520-02-02-.26 REPEALED

History

Authority: T.C.A. §§ 49-1-302, 49-5-302, 49-5-5003, 49-5-5004, and 49-6-303.
Administrative History: Repeal and new rule filed March 16, 1992; effective June 29, 1992. Repeal filed August 29, 2018; effective November 27, 2018.

Tenn. Comp. R. & Regs. 0520-02-02-.30 REPEALED

History

Authority: T.C.A. § 49-1-302, 49-5-108, 49-5-5009, 49-5-5103(4) and (9), and 49-5-5201.
Administrative History: (For history prior to November 14, 1986 see pages i through vii.) Amendment filed September 30, 1986; effective November 14, 1986. Amendment filed October 18, 1988; effective January 29, 1989. Amendment filed January 31, 1991; effective May 1, 1991. Repeal filed March 16, 1992; effective June 29, 1992.

Tenn. Comp. R. & Regs. 0520-02-02-.31 REPEALED

History

Authority: T.C.A. §§ 49-1-302, 49-5-5201, 49-5-5203, and 49-5-5009.
Administrative History: (For history prior to November 14, 1986 see pages i through vii.) Amendment filed September 30, 1986; effective November 14, 1986. Repeal filed March 16, 1992; effective June 29, 1992.

Tenn. Comp. R. & Regs. 0520-02-02-.32 REPEALED

History

Authority: T.C.A. §§ 49-1-302 and 49-5-5009.
Administrative History: (For history prior to November 14, 1986 see pages i through vii.) Amendment filed September 30, 1986; effective November 14, 1986. Repeal filed March 16, 1992; effective June 29, 1992.

Tenn. Comp. R. & Regs. 0520-02-02-.33 REPEALED

History

Authority: T.C.A. §§ 49-1-302, 49-5-5004, and 49-5-5009.
Administrative History: (For history prior to October 20, 1987 see pages i through vii.) Repeal filed October 20, 1987; effective December 22, 1987. Repeal filed March 16, 1992; effective June 29, 1992.

Tenn. Comp. R. & Regs. 0520-02-02-.34 REPEALED

History

Authority: T.C.A. §§ 49-1-302, 49-5-5004, and 49-5-5009.
Administrative History: (For history prior to November 14, 1986 see pages i through vii.) Amendment filed September 30, 1986; effective November 14, 1986. Amendment filed October 15, 1986; effective January 27, 1987. Repeal filed March 16, 1992; effective June 29, 1992.

Tenn. Comp. R. & Regs. 0520-02-02-.35 REPEALED

History

Authority: T.C.A. §§ 49-1-302, 49-5-5004(f), and 49-5-5009.
Administrative History: (For history prior to November 14, 1986 see pages i through vii.) Amendment filed September 30, 1986; effective November 14, 1986. Amendment filed January 31, 1991; effective May 1, 1991. Repeal filed March 16, 1992; effective June 29, 1992.

Chapter 0520-02-03 Educator Licensure

Tenn. Comp. R. & Regs. 0520-02-03-.01 GENERAL INFORMATION AND REGULATIONS

(1) Pursuant to T.C.A. § 49-1-302, the State Board of Education has the authority to adopt policies governing the qualifications, requirements, and standards of, and provide the licenses and certificates for, all public school teachers, principals, assistant principals, supervisors, and directors of schools.

(2) No person shall be employed as a principal, teacher (including school services personnel), or supervisor of any public elementary or high school by any local education agency (LEA), or receive any pay for such services out of the public school funds of the LEA, until the person presents to the director of schools a valid license as prescribed by the State Board.

(3) The Department of Education shall establish and publish all licensure application forms and timelines.

(4) Each educator shall be individually responsible for securing a license, verifying its accuracy, maintaining its validity, registering it with the employing board of education, and meeting the requirements of T.C.A. § 49-5-101.

(5) Pursuant to T.C.A. § 49-5-105, the holder of a license who changes or alters the holder’s license in any way, or who permits any other person to change or alter the license, commits a Class C misdemeanor and shall have such holder’s license revoked.

(6) This Rule sets the minimum standards and requirements for licensure to ensure that individuals who serve in Tennessee classrooms and schools are prepared and equipped to serve Tennessee students.

History

Authority: T.C.A. §§ 49-1-302, 49-5-101, 49-5-105, 49-5-108, and 49-5-403.
Administrative History: Original rule filed November 16, 1989; effective February 28, 1990. Amendment filed November 30, 1990; effective February 27, 1991. Repeal and new rule filed March 16, 1992; effective June 29, 1992. Amendment filed May 12, 1992; effective August 29, 1992. Amendment filed November 22, 1993; effective March 30, 1994. Amended by Public Chapter No. 957 Acts of 1994; effective May 10, 1994. Amended by Public Chapter 251 Acts of 1995; effective May 19, 1995 (See Attorney General Opinion No. 094-080.) Amendment filed January 31, 1995; effective May 31, 1995. Amendment filed May 31, 1996; effective September 27, 1996. Amendment filed May 28, 1999; effective September 28, 1999. Amendment filed March 29, 2000; effective July 28, 2000. Amendment filed December 19, 2002; effective April 30, 2003. Amendment filed June 30, 2003; effective October 28, 2003. Amendment filed May 19, 2005; effective September 28, 2005. Amendment filed March 23, 2007; effective July 27, 2007. Amendment filed July 31, 2008; effective November 28, 2008. Amendment filed October 20, 2009; effective March 31, 2010. Amendment filed September 6, 2013; effective February 28, 2014. Repeal and new rules filed December 18, 2014; effective March 18, 2015. A stay of the rules was filed January 28, 2015; new effective date June 1, 2015. Emergency rules filed August 27, 2015; effective through February 23, 2016. Repeal and new rules filed October 27, 2015; effective January 25, 2016. Amendments filed August 16, 2019; effective November 14, 2019.

Tenn. Comp. R. & Regs. 0520-02-03-.02 EDUCATOR LICENSE TYPES

(1) All educators in Tennessee shall hold one (1) of the following license types:

(a) The practitioner license is the first level license issued to applicants who meet the requirements set forth in this Rule. There are three (3) types of practitioner licenses: practitioner teacher license, practitioner occupational teacher license, and practitioner school services personnel license.

(b) The professional license is issued to educators who have met licensure expectations at the practitioner level and who meet the requirements for advancement set forth in this

Rule. There are three (3) types of professional licenses: professional teacher license, professional occupational teacher license, and professional school services personnel license.

(c) The JROTC license is issued to active or retired military personnel who seek to serve as Junior Reserve Officers’ Training Corps (JROTC) teachers.

(d) The license for postsecondary educators (PSE) is issued to applicants who have been a full-time or part-time college professor or instructor and who meet the requirements set forth in this Rule.

(e) The adjunct license is issued to applicants seeking to teach no more than three (3) classes in a content area of critical shortage identified by the State Board who meet the requirements set forth in this Rule.

(f) The Instructional Leader License-Aspiring (ILL-A) is issued to applicants who hold a bachelor’s degree, are enrolled in an instructional leadership preparation program approved by the State Board of Education, and meet the requirements set forth in this

Rule.

(g) The Instructional Leader License (ILL) is issued to applicants who hold a bachelor’s degree, have completed an instructional leadership preparation program approved by the State Board of Education, and meet the requirements set forth in this Rule.

(h) The Instructional Leader License-Professional (ILL-P) is issued to educators currently holding the ILL who meet the requirements for advancement set forth in this Rule.

(i) The Limited Academic License is issued to educators who hold a valid temporary teaching permit who meet the requirements set forth in this Rule.

(j) The Limited Occupational Teaching License is issued to applicants who hold the relevant industry certification or relevant years of work experience, and meet the requirements set forth in this Rule.

(2) The validity period of each license type shall be outlined in the SBE Educator Licensure Policy 5.502, however:

(a) The validity period of the practitioner license shall be no more than four (4) years.

(b) The validity period of the professional license shall be no more than eleven (11) years.

(d) The validity period of the ILL shall be no more than four (4) years.

(e) The validity period of the ILL-P shall be no more eleven (11) years.

(f) The validity period of the Limited Academic License shall be no more than three (3) years.

(g) The validity period of the Limited Occupational Teaching License shall be no more than four (4) years.

History

Authority: T.C.A. §§ 49-1-302 and 49-5-108.
Administrative History: Original rule filed July 31, 2008; effective November 28, 2008. Amendment filed July 17, 2009; effective December 29, 2009. Repeal and new rules filed December 18, 2014; effective March 18, 2015. A stay of the rules was filed January 28, 2015; new effective date June 1, 2015. Emergency rules filed August 27, 2015; effective through February 23, 2016. Repeal and new rules filed October 27, 2015; effective January 25, 2016. Amendments filed August 16, 2019; effective November 14, 2019. Amendments filed March 16, 2023; effective June 14, 2023. Amendments filed March 5, 2025; effective June 3, 2025. Emergency rules filed September 16, 2025; effective through March 15, 2026. Amendments filed December 11, 2025; effective March 11, 2026.

Tenn. Comp. R. & Regs. 0520-02-03-.03 REQUIREMENTS FOR TEACHER LICENSES

(1) Prospective educators seeking a practitioner teacher license shall meet the requirements of one (1) of the following pathways:

(a) Pathway 1. The prospective educator:

Holds a bachelor’s degree or higher from a regionally or nationally accredited college or university recognized by the Council for Higher Education Accreditation (CHEA) or the United States Department of Education (USDOE);
Has completed a State Board-approved educator preparation program;
Is recommended by the State Board-approved educator preparation provider; and 4. Submits qualifying scores on all required assessments as defined in the Professional Assessments for Tennessee Educators Policy.

(b) Pathway 2. The prospective educator:

Holds a bachelor’s degree or higher from a regionally or nationally accredited college or university recognized by the Council for Higher Education Accreditation (CHEA) or the United States Department of Education (USDOE);
Is enrolled in a State Board-approved educator preparation program with a jobembedded clinical practice;
Is recommended by the State Board-approved educator preparation provider; and 4. Submits qualifying scores on all required assessments as defined in the Professional Assessments for Tennessee Educators Policy or holds a degree with a major in the specialty area.

Holds a bachelor’s degree or higher from a regionally or nationally accredited college or university recognized by the Council for Higher Education Accreditation (CHEA) or the United States Department of Education (USDOE);
Holds an active Tennessee practitioner or professional occupational teacher license with an endorsement covering the Secondary Grade span;
Has completed a State Board-approved occupational educator preparation program or an occupational educator preparation program approved by a state other than Tennessee;
Submits qualifying scores on all required assessments as defined in the Professional Assessments for Tennessee Educators Policy; and 5. Seeks an endorsement in either Middle and Secondary Grades – Core Academic, or Middle and Secondary Grades – World Languages, or College, Career, and Technical Education – Academic as defined in Educator Licensure Policy 5.502.

(2) Prospective educators from a state other than Tennessee that is a partner in the NASDTEC interstate agreement and who are seeking a practitioner teacher license shall meet the requirements of one (1) of the following pathways:

(a) Out-of-State Pathway 1. The out-of-state prospective educator:

Holds a bachelor’s degree or higher from a regionally or nationally accredited college or university recognized by the Council for Higher Education Accreditation (CHEA) or the United States Department of Education (USDOE);
Has completed an educator preparation program approved by a state other than Tennessee;
Is recommended by the approved educator preparation provider; and 4. Submits qualifying scores on all required assessments as defined in the Professional Assessments for Tennessee Educators Policy.

(b) Out-of-State Pathway 2. The out-of-state prospective educator:

Holds a bachelor’s degree or higher from a regionally or nationally accredited college or university recognized by the Council for Higher Education Accreditation (CHEA) or the United States Department of Education (USDOE);
Holds a full and valid initial level teacher license from a state other than Tennessee that is a partner in the NASDTEC interstate agreement;
Has completed an educator preparation program approved by a state other than Tennessee; and 4. Is recommended by the approved educator preparation provider.

Holds a bachelor’s degree or higher from a regionally or nationally accredited college or university recognized by the Council for Higher Education Accreditation (CHEA) or the United States Department of Education (USDOE);
Is enrolled in an educator preparation program with job-embedded clinical practice that is approved by a state other than Tennessee that has a staterecognized partnership with a Tennessee local education agency (LEA);
Is recommended by the approved educator preparation provider; and 4. Submits qualifying scores on all required assessments as defined in the Professional Assessments for Tennessee Educators Policy.

(3) Prospective educators from a state other than Tennessee that is a partner in the NASDTEC interstate agreement and who are seeking a professional academic teacher license shall meet requirements of one (1) of the following pathways:

(a) Out-of-State Pathway 4. The out-of-state prospective educator:

Holds a bachelor’s degree or higher from a regionally or nationally accredited college or university recognized by the Council for Higher Education Accreditation (CHEA) or the United States Department of Education (USDOE); and 2. Holds a full and valid professional-level license from a state other than Tennessee that is a partner in the NASDTEC interstate agreement.

(b) Out-of-State Pathway 5. The out-of-state prospective educator:

Holds a bachelor’s degree or higher from a regionally or nationally accredited college or university recognized by the Council for Higher Education Accreditation (CHEA) or the United States Department of Education (USDOE); and 2. Holds a valid certification from the National Board for Professional Teaching Standards.

(4) A practitioner license may be renewed once upon completion of an approved educator preparation program and submission of qualifying scores on all State Board-required assessments as defined in the Professional Assessments for Tennessee Educators Policy prior to the end of the validity period of the first (1st) issuance of the practitioner license. An educator issued a practitioner teacher license following the issuance of a Limited License in accordance with Rule 0520-02-02-.13 of this Chapter, is not required to complete an approved educator preparation program to renew the license.

(5) If the requirements for practitioner license renewal are not met prior to the end of the validity period of the first (1st) issuance of the practitioner license, the license shall expire. Educators who fail to apply for renewal prior to the expiration of the license shall have a grace period until October 1 following the date of expiration to apply for renewal. Applications for renewal submitted during the grace period shall demonstrate that the educator completed all requirements for license renewal (with the exception of submitting the application) prior to the end of the validity period.

(6) An educator with a practitioner teacher license may seek to advance to a professional teacher license. In order to advance from a practitioner license to a professional license, an educator shall meet one (1) of the following sets of requirements:

(a) Option 1:

Completed an approved educator preparation program and submitted qualifying scores on all State Board-required assessments as defined in the Professional Assessments for Tennessee Educators Policy prior to the end of the validity period of the first (1st) issuance of the practitioner license;
Obtained three (3) years of qualifying experience as an educator as defined by the Department; and 3. Earned thirty (30) professional development points or obtained the recommendation from a director of schools or leader of a charter school or the school’s charter management organization (CMO).

(b) Option 2: Holds a full and valid professional-level license from a state other than Tennessee that is a partner in the NASDTEC interstate agreement or holds a full and valid professional-level occupational teaching license in Tennessee.

(7) If the requirements for licensure advancement are not met prior to the end of the validity period of the second (2nd) issuance of the practitioner teacher license, then the license may be renewed. To renew the practitioner teacher license, an educator shall earn thirty (30) qualifying professional development points as defined in Educator Licensure Policy 5.502.

(8) Educators who obtained the practitioner teaching license through the out-of-state pathway 4 prior to enactment of Public Chapter 125 of 2021 shall not be required to submit qualifying scores on State Board-required assessments to advance if:

(a) The educator has been employed in a Tennessee public school in the area of endorsement; and (b) The educator earned a level of overall effectiveness (LOE) score of “above expectations” or “significantly above expectations” in each of the first two (2) years immediately following the issuance of the individual’s initial practitioner license; or (c) If the educator did not receive an overall performance effectiveness level during one (1) or both of the two (2) years immediately following issuance of the educator’s practitioner license, then the educator may:

Choose to use the educator’s most recent overall performance effectiveness level that is available to demonstrate an overall performance effectiveness level of “above expectations” or “significantly above expectations”; or 2. The educator may request that the director of schools or the director of the public charter school submit a recommendation to the Department of Education on the educator’s effectiveness.

(9) To renew the professional teacher license, an educator shall earn sixty (60) qualifying professional development points within the validity period of the license and as defined in the Educator Licensure Policy 5.502 or demonstrate two (2) years of qualifying experience as an educator as defined by the Department within the validity period of the license.

(10) If the educator has not met the requirements for renewal at the end of the validity period of the professional license, then the license shall expire. Educators who fail to apply for renewal prior to the expiration of the license shall have a grace period until October 1 following the date of expiration to apply for renewal. Applications for renewal submitted during the grace period shall demonstrate that the educator completed all requirements for license renewal (with the exception of submitting the application) prior to the end of the validity period.

(11) Educators may reactivate an expired license and endorsements held by meeting one (1) of the following requirements:

(a) Option A (Professional License only): Earn sixty (60) qualifying professional development points as defined in the Educator Licensure Policy 5.502.

(b) Option B (Professional License only): Demonstrate two (2) years of qualifying experience as an educator as defined by the Department.

(c) Option C: Submit to the Department evidence of completion of an approved educator preparation program (if not already provided) and submit qualifying scores on all State Board-required assessments as defined in the Professional Assessments for Tennessee Educators Policy.

(d) Option D: Present a full and valid professional-level teaching license from a state other than Tennessee that is a partner in the NASDTEC interstate agreement.

(e) Option E: Submit to the Department evidence of current National Board Certification issued by the National Board for Professional Teaching Standards.

History

Authority: T.C.A. §§ 49-1-302, 49-5-108, and 49-5-5603.
Administrative History: Repeal and new rules filed December 18, 2014; effective March 18, 2015. A stay of the rules was filed January 28, 2015; new effective date June 1, 2015. Emergency rules filed August 27, 2015; effective through February 23, 2016. Repeal and new rules filed October 27, 2015; effective January 25, 2016. Amendments filed October 16, 2017; effective January 14, 2018. Amendments filed August 16, 2019; effective November 14, 2019. Emergency rules filed April 16, 2020; effective through October 13, 2020. Amendments filed April 16, 2020; effective July 15, 2020. Emergency rules filed July 9, 2021; effective through January 5, 2022. Emergency rules expired effective January 6, 2022, and the rules reverted to their previous statuses. Amendments filed December 2, 2021; effective March 2, 2022. Amendments filed April 24, 2023; effective July 23, 2023. Amendments filed March 25, 2024; effective June 23, 2024. Amendments filed January 31, 2025; effective May 1, 2025.

Tenn. Comp. R. & Regs. 0520-02-03-.04 of this Chapter.

History

Authority: T.C.A. §§ 49-1-302, 49-5-106, and 49-5-108.
Administrative History: Repeal and new rules filed December 18, 2014; effective March 18, 2015. A stay of the rules was filed January 28, 2015; new effective date June 1, 2015. Emergency rules filed August 27, 2015; effective through February 23, 2016. Repeal filed October 27, 2015; effective January 25, 2016. New rules filed August 16, 2019; effective November 14, 2019. Amendments filed March 16, 2023; effective June 14, 2023. Amendments filed March 25, 2024; effective June 23, 2024. Amendments filed March 5, 2025; effective June 3, 2025. Emergency rules filed September 16, 2025; effective through March 15, 2026. Amendments filed December 11, 2025; effective March 11, 2026.

Tenn. Comp. R. & Regs. 0520-02-03-.05 REQUIREMENTS FOR SCHOOL SERVICES PERSONNEL LICENSES

(1) School services personnel licenses are available in the following areas:

(a) School speech-language pathologist;

(b) School speech-language pathology assistant;

(d) School psychologist;

(e) School counselor;

(f) School social worker; and (g) School educational interpreter.

(2) School speech-language pathologists shall hold a school services personnel license with the school speech-language pathologist endorsement.

(a) Candidates seeking a practitioner school services personnel license as a school speech-language pathologist shall meet one (1) of the following requirements:

Submit qualifying scores on all required assessments as defined in the Professional Assessments for Tennessee Educators Policy and hold an advanced degree in speech-language pathology from a regionally or nationally accredited college or university recognized by the Council for Higher Education Accreditation (CHEA) or the United States Department of Education (USDOE) with a speech-language program approved by the Council on Academic Accreditation in Audiology and Speech-Language Pathology; or 2. Hold an advanced degree in speech-language pathology and hold a full and valid out-of-state initial level speech-language pathology license from a state that is a partner in the NASDTEC interstate agreement.

(b) Candidates seeking a professional school services personnel license as a school speech-language pathologist shall hold an advanced degree in speech-language pathology and meet one (1) of the following requirements:

Hold a full and valid out-of-state professional level speech-language pathology license from a state that is a partner in the NASDTEC interstate agreement;
Hold a valid license issued by the Tennessee Board of Communication Disorders and Sciences;
Hold a valid license issued by an out-of-state Board of Communication Disorders and Sciences; or 4. Hold the Certificate of Clinical Competence from the American Speech-Language Hearing Association.

(3) School speech-language pathology assistants shall hold a school services personnel license with the school speech-language pathology assistant endorsement.

(a) Candidates seeking a practitioner school services personnel license as a school speech-language pathology assistant shall meet one (1) of the following requirements:

Hold a current Speech-Language Pathology Assistant Certification (SLPA-C) from the American Speech-Language & Hearing Association (ASHA);
Hold a bachelor’s degree with a major or concentration in speech-language pathology, communication disorders, or speech and hearing sciences from a regionally or nationally accredited college or university recognized by the Council for Higher Education Accreditation (CHEA) or the United States Department of Education (USDOE);
Hold a valid registration with the Tennessee Board of Communication Disorders and Sciences as a speech-language pathology assistant;
Hold a degree from a Speech-Language Pathology Assistant Program; or 5. Hold a full and valid out-of-state initial level speech-language pathology assistant license from a state that is a partner in the NASDTEC interstate agreement and hold a bachelor’s degree with a major or concentration in speech-language pathology, communication disorders, or speech and hearing sciences from a regionally or nationally accredited college or university recognized by the Council for Higher Education Accreditation (CHEA) or the United States Department of Education (USDOE).

(b) Out-of-state candidates seeking a professional school services personnel license as a school speech-language pathology assistant shall hold a bachelor’s degree with a major or concentration in speech-language pathology, communication disorders, or speech and hearing sciences from a regionally or nationally accredited college or university recognized by the Council for Higher Education Accreditation (CHEA) or the United States Department of Education (USDOE) and hold a full and valid out-of-state professional level speech-language pathology assistant license from a state that is a partner in the NASDTEC interstate agreement.

(4) School audiologists shall hold a school services personnel license with the audiologist endorsement.

(a) Candidates seeking a practitioner school services personnel license as a school audiologist shall meet the requirements of one (1) of the following pathways:

Pathway 1: Submit qualifying scores on all required assessments as defined in the Professional Assessments for Tennessee Educators Policy and meet one (1) of the following:

(i) Hold an advanced degree in audiology from a state or a regionally or nationally accredited college or university recognized by the Council for Higher Education Accreditation (CHEA) or the United States Department of Education (USDOE) with a graduate level program approved by the Council on Academic Accreditation in Audiology and Speech-Language Pathology; or (ii) Hold a valid audiology license issued by the Tennessee Board of Communication Disorders and Sciences or the licensing board of a state other than Tennessee.

Pathway 2: Hold an advanced degree in audiology and hold a full and valid outof-state initial level school audiologist license from a state that is a partner in the NASDTEC interstate agreement.

(b) Out-of-state candidates seeking a professional school services personnel license as a school audiologist shall hold an advanced degree in audiology and hold a full and valid out-of-state professional level school audiologist license from a state that is a partner in the NASDTEC interstate agreement.

(5) School psychologists shall hold a school services personnel license with the school psychologist endorsement.

(a) Candidates seeking a practitioner school services personnel license as a school psychologist shall meet the requirements of one (1) of the following pathways:

Pathway 1: Submit qualifying scores on all required assessments as defined in the Professional Assessments for Tennessee Educators Policy and meet one (1) of the following:

(i) Complete a State Board-approved graduate level educator preparation program in school psychology or a graduate level educator preparation program in school psychology approved for licensure by a state other than Tennessee; or (ii) Hold a valid certificate as a Nationally Certified School Psychologist issued by the National School Psychology Certification System.

Pathway 2: Hold an advanced degree in school psychology and hold a full and valid out-of-state initial level school psychologist license from a state that is a partner in the NASDTEC interstate agreement.

(b) Out-of-state candidates seeking a professional school services personnel license as a school psychologist shall hold an advanced degree in school psychology and hold a full and valid out-of-state professional level school psychologist license from a state that is a partner in the NASDTEC interstate agreement.

(6) School counselors shall hold a school services personnel license with the school counselor endorsement.

(a) Candidates seeking a practitioner school services personnel licensure and endorsement as a school counselor shall meet the requirements of one (1) of the following pathways:

Pathway 1. The candidate:

(ii) Has completed a State Board-approved educator preparation program in school counseling;

(iii) Is recommended by the approved educator preparation provider; and (iv) Submits qualifying scores on all required assessments as defined in the Professional Assessments for Tennessee Educators Policy.

Pathway 2. The candidate:

(i) Holds a bachelor’s degree or higher from a regionally or nationally accredited college or university recognized by the Council for Higher Education Accreditation (CHEA) or the United States Department of Education (USDOE);

(ii) Is enrolled in a State Board-approved educator preparation program in school counseling with a job embedded clinical practice;

Pathway 3. The candidate:

(i) Holds an advanced degree in a counseling field;

(ii) Is enrolled in a State Board-approved educator preparation program in school counseling;

(iii) Has completed a minimum of twenty-four (24) hours of coursework in school counseling;

(iv) Is recommended by the approved educator preparation provider;

(v) Submits required supervision agreement between the LEA and approved educator preparation provider; and (vi) Submits qualifying scores on all required assessments as defined in the Professional Assessments for Tennessee Educators Policy.

Pathway 4. The out-of-state candidate:

(ii) Has completed an educator preparation program in school counseling approved by a state other than Tennessee as evidenced by a recommendation from the out-of-state educator preparation provider where the educator completed preparation; and (iii) Submits qualifying scores on all required assessments as defined in the Professional Assessments for Tennessee Educators Policy.

Pathway 5. The out-of-state candidate:

(i) Holds an advanced degree in school counseling from a regionally or nationally accredited college or university recognized by the Council for Higher Education Accreditation (CHEA) or the United States Department of Education (USDOE); and (ii) Holds a full and valid out-of-state initial level school counselor license from a state that is a partner in the NASDTEC interstate agreement.

(b) Out-of-state candidates seeking a professional school services personnel licensure and endorsement as a school counselor shall hold an advanced degree in school counseling and hold a full and valid out-of-state professional level educator license from a state that is a partner in the NASDTEC interstate agreement.

(c) School counselors who serve in a supervisory role shall have a professional school services personnel license with an endorsement in school counseling.

(7) School social workers shall hold a school services personnel license with the school social worker endorsement.

(a) Candidates seeking a practitioner school services personnel license as a school social worker shall meet the requirements of one (1) of the following pathways:

Pathway 1: Meet one (1) of the following sets of requirements:

(i) Complete a State Board-approved educator preparation program in school social work, or an educator preparation program in school social work approved for licensure by a state other than Tennessee, and be recommended by the approved educator preparation provider; or (ii) Hold a full and valid social worker license issued by the Tennessee Board of Social Workers or the licensing board of a state other than Tennessee.

Pathway 2: Hold a bachelor’s degree or higher in social work from a regionally or nationally accredited college or university recognized by the Council for Higher Education Accreditation (CHEA) or the United States Department of Education (USDOE) and hold a full and valid out-of-state initial level school social work license from a state that is a partner in the NASDTEC interstate agreement.

(b) Out-of-state candidates seeking a professional school services personnel licensure and endorsement as a school social worker shall hold a bachelor’s degree or higher in social work and hold a full and valid out-of-state professional level license from a state that is a partner in the NASDTEC interstate agreement.

(8) School educational interpreters shall hold a school services personnel license with the educational interpreter endorsement.

(a) Candidates seeking a practitioner school services personnel license as an educational interpreter shall meet the following requirements:

Hold a bachelor’s degree or higher from a regionally or nationally accredited college or university recognized by the Council for Higher Education Accreditation (CHEA) or the United States Department of Education (USDOE); and 2. Meet one (1) of the following:

(i) Hold a current, nationally recognized certification in interpreting which includes a written examination related to ethics and practice;

(ii) Submit qualifying scores on all required assessments as defined in the Professional Assessments for Tennessee Educators Policy; or (iii) Holds a full and valid out-of-state initial level educational interpreter license from a state that is a partner in the NASDTEC interstate agreement.

(b) Out-of-state candidates seeking a professional school services personnel license and endorsement as an educational interpreter shall hold a bachelor’s degree or higher in educational interpreting and hold a full and valid out-of-state professional level educational interpreter license from a state that is a partner in the NASDTEC interstate agreement.

(9) A practitioner school services personnel license may be renewed once upon completion of an approved educator preparation program, if enrollment in a program is required for issuance of the license, and submission of qualifying scores on all State Board-required assessments as defined in the Professional Assessments for Tennessee Educators Policy 5.105, prior to the end of the validity period of the first (1st) issuance of the practitioner license.

(10) In order to advance from a practitioner school services personnel license to a professional school services personnel license, an educator shall meet one (1) of the following sets of requirements:

(a) Option 1:

Where applicable, complete a State Board-approved educator preparation program and submit qualifying scores on all State Board-required assessments as defined in the Professional Assessments for Tennessee Educators Policy prior to the end of the validity period of the first (1st) issuance of the practitioner license;
Obtain three (3) years of qualifying experience as defined by the Department; and 3. Earn thirty (30) qualifying professional development points as defined in Educator Licensure Policy 5.502 or obtain the recommendation from a director of schools or leader of a charter school or the school’s charter management organization (CMO).

(b) Option 2: Hold a full and valid professional-level school services personnel license from a state other than Tennessee that is a partner in the NASDTEC interstate agreement.

(11) If the requirements for licensure advancement are not met prior to the end of the validity period of the second (2nd) issuance of the practitioner license, then the license may be renewed. To renew the practitioner school services personnel second (2nd) issuance license, an educator shall earn thirty (30) qualifying professional development points as defined in Educator Licensure Policy 5.502.

(12) In order to renew the professional school services personnel license, educators must earn sixty (60) qualifying professional development points within the validity period of the license and as defined in the Educator Licensure Policy 5.502 or demonstrate two (2) years of qualifying experience as an educator as defined by the Department within the validity period of the license.

(13) If the educator has not met the requirements for renewal at the end of the validity period of the professional school services personnel license, then the license shall expire. Educators who fail to apply for renewal prior to the expiration of the license shall have a grace period until October 1 following the date of expiration to apply for renewal. Applications for renewal submitted during the grace period shall demonstrate that the educator completed all requirements for license renewal (except for submitting the application) prior to the end of the validity period.

(14) Educators may reactivate a school services personnel license and endorsements held by meeting one (1) of the following sets of requirements:

(a) Option A (Professional License only): Earning sixty (60) qualifying professional development points as defined in the Educator Licensure Policy 5.502.

(b) Option B (Professional License only): Demonstrating two (2) years of qualifying experience as an educator as defined by the Department.

(c) Option C: Submit to the Department evidence of completion of an approved educator preparation program (if not already provided and if enrollment in a program is required for issuance of the license) and submit qualifying scores on all State Board-required assessments as defined in the Professional Assessments for Tennessee Educators Policy 5.105.

(d) Option D: Present a full and valid professional-level school services personnel license from a state other than Tennessee that is a partner in the NASDTEC interstate agreement; or (e) Option E: Submit evidence of an active national credential in the area of endorsement as outlined below:

Speech-Language Pathologists – Certificate of Clinical Competence in Speech- Language Pathology (CCC-SLP) issued by the American Speech-Language Hearing Association 2. Audiologist – Certificate of Clinical Competence in Audiology (CCC-A) issued by the American Speech-Language Hearing Association 3. School Psychologist – National Certification in School Psychology issued by the National School Psychology Certification Board 4. School Counselor – National Counselor Certification (NCC, CCMHC, MAS, or NCSC) issued by the National Board for Certified Counselors 5. School Social Worker – Certified School Social Work Specialist (C-SSWS) issued by the National Association of Social Workers or Certification by the Academy of Certified Social Workers (NASW)
Educational Interpreter – Professional Deaf Interpreter Credential issued by the National Association for the Deaf or Registry of Interpreters for the Deaf Certification.

History

Authority: T.C.A. §§ 49-1-302, 49-5-108, and 49-5-5603.
Administrative History: Repeal and new rules filed December 18, 2014; effective March 18, 2015. A stay of the rules was filed January 28, 2015; new effective date June 1, 2015. Emergency rules filed August 27, 2015; effective through February 23, 2016. Repeal and new rules filed October 27, 2015; effective January 25, 2016. Amendments filed August 16, 2019; effective November 14, 2019. Emergency rules filed July 9, 2021; effective through January 5, 2022. Emergency rules expired effective January 6, 2022, and the rules reverted to their previous statuses. Amendments filed December 2, 2021; effective March 2, 2022. Amendments filed July 20, 2022; effective October 18, 2022. Amendments filed April 24, 2023; effective July 23, 2023. Amendments filed March 25, 2024; effective June 23, 2024. Amendments filed January 31, 2025; effective May 1, 2025.

Tenn. Comp. R. & Regs. 0520-02-03-.06 REQUIREMENTS FOR THE JROTC LICENSE

(1) Individuals seeking a JROTC license shall submit the following information to the Department of Education:

(a) Certification of preparation by the branch of the military approving the teacher placement;

(b) A copy of a valid JROTC training certificate that includes an expiration date;

(c) Official transcripts of all credit and degrees earned in colleges or universities in the United States; and (d) Verification that the applicant will be employed in a JROTC program in a Tennessee LEA.

(2) Individuals holding the JROTC license may only teach courses designated as part of the JROTC program and no additional endorsements may be added to the JROTC license.

(3) In order to renew the JROTC license, educators shall:

(a) Hold a valid JROTC training certificate; and (b) Submit a recommendation to the Department from the LEA where the educator is employed.

(4) If the educator has not met the requirements for renewal at the end of the validity period of the JROTC license, then the license shall expire. Educators who fail to apply for renewal prior to the expiration of the license shall have a grace period until October 1 following the date of expiration to apply for renewal. Applications for renewal submitted during the grace period shall demonstrate that the educator completed all requirements for license renewal (except for submitting the application) prior to the end of the validity period.

(5) In order to reactivate the JROTC license, educators shall:

(a) Hold a valid JROTC training certificate; and (b) Submit verification that the applicant will be employed in a JROTC program in a Tennessee LEA.

History

Authority: T.C.A. §§ 49-1-302 and 49-5-108.
Administrative History: Repeal and new rules filed December 18, 2014; effective March 18, 2015. A stay of the rules was filed January 28, 2015; new effective date June 1, 2015. Emergency rules filed August 27, 2015; effective through February 23, 2016. Repeal and new rules filed October 27, 2015; effective January 25, 2016. Amendments filed October 16, 2017; effective January 14, 2018. Amendments filed August 16, 2019; effective November 14, 2019. Amendments filed March 25, 2024; effective June 23, 2024.

Tenn. Comp. R. & Regs. 0520-02-03-.07 REQUIREMENTS FOR LICENSES FOR POSTSECONDARY EDUCATORS

(1) A practitioner license for postsecondary educators (PSE) may be issued to candidates that meet the following requirements:

(a) Meet one (1) of the following experience requirements:

Have been a full-time college professor or instructor for at least two (2) of the last five (5) years at an eligible postsecondary institution that is accredited by a regional accrediting association, as defined by T.C.A. § 49-4-902; or 2. Have been a part-time college professor or instructor, teaching at least one (1) course per semester, for at least three (3) of the last five (5) years at an eligible postsecondary institution that is accredited by a regional accrediting association, as defined by T.C.A. § 49-4-902.

(b) Submit at least three (3) years of qualifying teaching evaluations that rate the applicant as proficient or better in the subject area in which the applicant is seeking licensure from the postsecondary institution at which the applicant taught, where evaluations are defined as an assessment of the educator’s performance in the subject area, which may include a formal rating system or, if the institution does not use a rating system, may be a letter from the dean, department chair, or other direct supervisor regarding the educator’s performance; and (c) Submit qualifying scores on all required assessments as defined in the Professional Assessments for Tennessee Educators Policy.

(2) The PSE license shall only be issued for teaching assignments in grades nine through twelve (9-12).

(3) The initial issuance of a PSE license shall bear an endorsement to teach only in the subject area in which the person taught at the eligible postsecondary institution. Additional endorsements may be issued on subsequent issuances of the PSE license in accordance with Endorsements Rule 0520-02-03-.11.

(4) In order to advance from a PSE practitioner license to a PSE professional license, an educator shall meet the following requirements:

(a) Have three (3) years of qualifying experience as an educator as defined by the Department; and (b) Earn thirty (30) professional development points as indicated by SBE Educator Licensure Policy 5.502.

(5) If the requirements for advancement to the PSE professional license are not met prior to the end of the validity period of the PSE practitioner license, the PSE practitioner license may be renewed. To renew the practitioner license, an educator shall earn thirty (30) qualifying professional development points as defined in Educator Licensure Policy 5.502.

(6) If the requirements for renewal are not met prior to the end of the validity period, then the license shall expire. Educators who fail to apply for renewal prior to the expiration of the license shall have a grace period until October 1 following the date of expiration to apply for renewal. Applications for renewal submitted during the grace period shall demonstrate that the educator completed all requirements for license renewal (except for submission of the application) prior to the end of the validity period.

(7) In order to reactivate the PSE professional license, an educator shall submit qualifying scores on all State Board-required assessments.

(8) In order to renew the PSE professional license, educators must earn sixty (60) qualifying professional development points.

History

Authority: T.C.A. §§ 49-1-302, 49-5-108, and 49-5-112.
Administrative History: Repeal and new rules filed December 18, 2014; effective March 18, 2015. A stay of the rules was filed January 28, 2015; new effective date June 1, 2015. Emergency rules filed August 27, 2015; effective through February 23, 2016. Repeal and new rules filed October 27, 2015; effective January 25, 2016. Amendments filed August 16, 2019; effective November 14, 2019. Amendments filed March 25, 2024; effective June 23, 2024. Emergency rules filed September 16, 2025; effective through March 15, 2026. Amendments filed December 11, 2025; effective March 11, 2026.

Tenn. Comp. R. & Regs. 0520-02-03-.08 REQUIREMENTS FOR THE ADJUNCT LICENSE

(1) An adjunct license may be issued to qualifying candidates seeking to teach no more than three (3) classes in a content area of critical shortage identified by the State Board.

(a) Prospective educators seeking an adjunct license shall meet the following requirements:

Holds a bachelor’s degree or higher from a regionally or nationally accredited college or university recognized by the Council for Higher Education Accreditation (CHEA) or the United States Department of Education (USDOE) in the content area in which they will be teaching or hold an active industry license or credential for the occupational area in which they will be teaching;
Have a minimum of five (5) years of relevant work experience, completed within the last ten (10) years in the content area in which they will be teaching;
Complete an adjunct licensure program approved by the State Board; and 4. Be recommended by the approved adjunct licensure program.

(2) The adjunct license shall be valid for one (1) year and may renewed five (5) times. Prior to the first renewal, the candidate shall submit qualifying scores on required assessments as defined in the Professional Assessments for Tennessee Educators Policy 5.105.

(3) Individuals holding the adjunct license may only teach in the content area identified on the initial license and no additional endorsements may be added to the adjunct license.

History

Authority: T.C.A. §§ 49-1-302 and 49-5-108.
Administrative History: Repeal and new rules filed December 18, 2014; effective March 18, 2015. A stay of the rules was filed January 28, 2015; new effective date June 1, 2015. Emergency rules filed August 27, 2015; effective through February 23, 2016. Repeal and new rules filed October 27, 2015; effective January 25, 2016. Amendments filed August 16, 2019; effective November 14, 2019. Amendments filed January 31, 2025; effective May 1, 2025.

Tenn. Comp. R. & Regs. 0520-02-03-.09 DENIAL, FORMAL REPRIMAND, SUSPENSION AND REVOCATION

(1) Definitions:

(a) Conviction – Means a judgment entered by a court upon a plea of guilty, a plea of nolo contendere, a finding of guilt by a jury or the court notwithstanding any pending appeal or habeas corpus proceeding arising from the judgment. Conviction includes, but is not limited to, a conviction by a federal court or military tribunal, including a court-martial conducted by the armed forces of the United States, and a conviction, whether upon a plea of guilty, a plea of nolo contendere, or a finding of guilt by a jury or the court, in any other state of the United States, other jurisdiction, or other country. Conviction also includes a plea taken in conjunction with Tennessee Code Annotated (“T.C.A.”) § 40- 35-313 or its equivalent in any other jurisdiction.

(b) Dismissed – With regard to employment action taken by an employing public or nonpublic school or school system, dismissed means the termination of a licensed educator’s employment with the school or school system or non-renewal of the educator’s contract.

(c) Formal Reprimand – A less harsh licensing action than the suspension, revocation, or denial of a license, which admonishes an educator for certain conduct under this Rule.

An educator who has been reprimanded by the State Board of Education (“State Board”) under this Rule shall receive a letter from the State Board, which shall become

part of the educator’s state record and may become part of the educator’s local record, indicating that the inappropriate conduct is discouraged and shall be subject to further disciplinary action if repeated.

(d) Inappropriate Communication (Explicit) – Any communication between an educator and a student that describes, represents, or alludes to sexual activity or any other illegal activity. This includes, but is not limited to, communication defined as sexual misconduct under T.C.A. § 49-5-417, communication defined as sexually related behavior under T.C.A. § 49- 5-1003(b)(15), and communication that would encourage illegal activity such as encouraging the use or purchase of illegal substances. This shall not be construed to prevent an educator from communication regarding sexual or illegal activities for educational purposes such as in teaching family-life curriculum pursuant to T.C.A. §§ 49- 6-1307 et seq. or drug abuse resistance education pursuant to T.C.A. § 49-1-402 or to prevent an educator from upholding the educator’s obligation as a mandatory reporter of child abuse, neglect, or child sexual abuse.

(e) Inappropriate Communication (Non-Explicit) – Any communication between an educator and a student that is beyond the scope of the educator’s professional responsibilities. Examples of such non-explicit inappropriate communications include, but are not limited to, those communications that discuss the educator’s or student’s past or current romantic relationships; those that include the use of profanities or obscene language; those that are harassing, intimidating, or bullying; those that attempt to establish an inappropriate personal relationship with a student; and those that are related to personal or confidential information regarding another school staff member or student.

(f) Inappropriate Physical Contact – Unlawful and/or unjustified physical contact with a student. Examples of such inappropriate physical contact include, but are not limited to, sexual contact, physical altercations, horseplay, tickling, improper use of corporal punishment, improper restraint or isolation of a student receiving special education services, and rough housing.

(g) Inappropriate Physical Contact with Harm – Inappropriate physical contact as described in subparagraph (f) above that results in physical or mental harm.

(h) Negligence – Failure to exercise the care toward others that a reasonable or prudent person would exercise under the circumstances or taking action that a reasonable person would not. Examples of such negligence include, but are not limited to, situations that expose students to mental or physical harm or the potential for mental or physical harm such as leaving dangerous items in the classroom or in areas easily accessible to students and leaving students unattended.

(i) Non-Compliance with Security Guidelines for State-Mandated Test, TCAP or Successor Test – Any person found to have not followed security guidelines for administration of a state-mandated test, the TCAP or a successor test, including but not limited to, making or distributing unauthorized photos or copies of the test, altering a grade or answer sheet of student responses or answers, providing copies or photos of answers or test questions to students or others, and otherwise compromising the integrity of the testing process (which includes, but is not limited to, providing unauthorized assistance to students during administration of testing).

(j) Official School Business – Any activity undertaken by an educator in an official capacity and in connection with the educator’s employment. Examples include, but are not limited to, conferences, professional development, trainings, and seminars.

(k) Other Good Cause – Conduct that calls into question the fitness of an educator to hold a license including, but not limited to, violation of any provision in the Teacher Code of Ethics as contained in T.C.A. §§ 49-5-1001, et seq.

(l) Permanent Revocation – The nullification of an educator’s license without eligibility for future restoration. Permanent revocation also includes the voluntary permanent surrender of an educator’s license without eligibility for future restoration.

(m) School Premises – Any real property and/or land owned, leased, managed, controlled, or under the custody of a state or local education agency, school system, or school.

(n) School Property – Any property owned, leased, managed, controlled, or under the custody of a state or local education agency, school system, or school.

(o) School Related Activity – Any activity in which a student participates, including but not limited to classes, meetings, extracurricular activities, clubs, athletics, and field trips, sponsored by the school, state educational agency, or local educational agency.

(p) Suspension – With regard to licensure action by the State Board, suspension means the nullification of an educator’s license for a predetermined term, after which the license may be reinstated. Reinstatement shall be subject to the completion of any terms and conditions contained in the order of suspension. With regard to employment action taken by a public or non-public school or school district, suspension means the temporary removal of an educator from his or her regular duties with or without pay.

Suspension also includes the placement of an educator on administrative leave pending investigation into allegations of misconduct.

(q) Revocation – The nullification of an educator’s license for a period of at least five (5) years, after which an educator may petition the State Board for restoration under paragraph (7)(b). Revocation also includes the voluntary surrender of an educator’s license for a period of at least five (5) years, after which an educator may petition the State Board for restoration under paragraph (7)(b). A shorter period of revocation may be specified as provided for in paragraph (5)(e) of this Rule, allowing an educator to apply for restoration earlier than five (5) years from the date of revocation.

(2) Notification to the State Board of Education.

(a) Licensed Educators – It is the responsibility of the director of schools of the employing public or non-public school or school district or Director of a public charter school (“Director”) to report to the State Board licensed educators who have been suspended or dismissed, or who have resigned, following allegations of misconduct, including sexual misconduct, which, if substantiated, would warrant consideration for license suspension, revocation, or formal reprimand under this Rule. The report shall be submitted within thirty (30) days of the suspension, dismissal, or resignation. The Director shall also report felony convictions and convictions for any offense listed in paragraph (4)(a) of this Rule of licensed educators within thirty (30) days of receiving knowledge of the conviction or within thirty (30) days of receiving knowledge that the educator has met other conditions in paragraph (4)(a) of this Rule. The Director shall also report individuals employed by the public or non-public school or district with an expired license who are convicted of any offense listed in paragraph (4)(a) of this Rule or who meet any of the conditions in paragraph (4)(a) of this Rule, within thirty (30) days of receiving knowledge of the individual’s conviction or that the individual has met other conditions in paragraph (4)(a) of this Rule. Schools and school districts have a duty to respond to State Board inquiries and provide to the State Board, except when prohibited by law, any available documentation requested concerning the allegations contained in the report. If the State Board receives information regarding a licensed educator who was not reported as described in this paragraph, and such information, if substantiated, would warrant licensure action under this Rule, the State Board reserves the right to place the educator’s license file in the state’s educator licensure database (TN Compass) under review.

(b) Educators Teaching on a Temporary Permit – Directors shall report individuals teaching on a temporary permit to the State Board under the same conditions outlined in the above paragraph (2)(a). Schools and school districts have a duty to respond to State Board inquiries and provide to the State Board, except when prohibited by law, any available documentation requested concerning the allegations contained in the report. If the State Board receives information regarding an individual teaching on a permit who was not reported as described in this paragraph, and such information, if substantiated, would warrant disciplinary action under this Rule, the State Board reserves the right to place an individual’s file under review in the state’s educator licensure database (TN Compass).

(c) Penalty for Failure to Report – If a Director holds an active educator license, then the State Board may formally reprimand or suspend the Director’s license for failure to make a report as required by paragraphs (2)(a)-(b) of this Rule or state law. If the State Board issues a formal reprimand or suspends a Director’s educator license for the Director’s failure to make a required report, then the State Board shall send notice of the license action to the local board of education, charter school governing body, or non-public school governing body, as applicable. The State Board may issue a public reprimand if a Director who does not hold an active educator license fails to make a report as required by paragraphs (2)(a)-(b) of this Rule or state law. If the State Board issues a public reprimand to a Director who does not hold an active educator license, the State Board shall send a copy of the public reprimand to the Director and to the local board of education, charter school governing body, or non-public school governing body, as applicable.

(3) The State Board may revoke, suspend, formally reprimand, or refuse to issue or renew an educator’s license or may refuse to issue a temporary permit for any of the following reasons:

(a) Conviction of a felony;

(b) Conviction of possession of illegal drugs;

(c) Being on school premises, school property, at a school-related activity involving students, or on official school business, while possessing, consuming, or under the influence of alcohol or illegal drugs;

(d) Falsification or altering of a license or permit or documentation required for licensure or permit;

(e) Inappropriate physical contact with a student;

(f) Failure to report as required under paragraph (2) of this Rule;

(g) Noncompliance with security guidelines for state-mandated tests, and/or TCAP or successor test;

(h) Denial, formal reprimand, suspension, or revocation/surrender of a license or certificate in another jurisdiction for reasons which would justify denial, formal reprimand, suspension, or revocation under this Rule;

(i) Other good cause as defined in subparagraph (1)(k) of this Rule; or (j) Any offense contained in paragraphs (4) and/or (5) of this Rule.

(4) Automatic Revocation and Suspension.

(a) Automatic Revocation of License – The State Board shall automatically revoke or automatically permanently revoke, without the right to a hearing, the license of an educator for the following:

Upon receiving verification of the identity of the licensed educator together with a certified copy of a criminal record showing that the licensed educator has been convicted of any of the following offenses (including, but not limited to, conviction for the same or similar offense in any jurisdiction). Educators whose conviction includes a plea taken in conjunction with T.C.A. § 40-35-313 and such conviction is eligible for expungement under T.C.A. § 40-35-313, or its equivalent in any other jurisdiction, shall not be subject to automatic permanent revocation.

(i) Communicating a threat concerning a school employee, as described in T.C.A. § 39-13-114;

(ii) Statutory rape by an authority figure, as described in T.C.A. § 39-13-532;

(iii) Arson or aggravated arson, as described in T.C.A. § 39-14-301 and § 39- 14-302;

(iv) A burglary offense, as described in T.C.A. § 39-13-1001 - § 39-13-1004;

(v) Child abuse, child neglect, or child endangerment, as described in T.C.A. § 39-15-401;

(vi) Aggravated child abuse, aggravated child neglect, or aggravated child endangerment, as described in T.C.A. § 39-15-402;

(vii) Providing handguns to juveniles, as described in T.C.A. § 39-17-1320;

(viii) A sexual offense or a violent sexual offense, as described in T.C.A. § 40- 39-202;

(ix) A felony offense in T.C.A. title 39, chapter 13;

(x) A felony offense in T.C.A. title 39, chapter 17, part 13; or (xi) Any offense listed in T.C.A. § 39-17-417 or § 40-35-501(i)(2).

Being identified by the Department of Children’s Services (“DCS”) or similar agency in another jurisdiction, after having exhausted or waived all due process rights available to the licensed educator, as having committed child abuse, severe child abuse, child sexual abuse, or child neglect as stated in T.C.A. § 49- 5-413, or similar laws in another jurisdiction;
The licensed educator’s name being placed on the state’s vulnerable person’s registry or the state’s sex offender registry, or similar registries in another jurisdiction; or 4. Receiving verification of the identity of the licensed educator together with a certified copy of a court order, settlement agreement, or plea agreement in a criminal, civil, or administrative action requiring the educator to surrender the educator’s Tennessee license. Unless otherwise stated in the court order, settlement agreement, or plea agreement, the educator may apply for restoration after five (5) years from the date of revocation, as long as the restoration of the license is in accordance with applicable state law and this Rule.

(b) Educators who are subject to automatic revocation for reasons set forth in paragraph (4)(a)2. or (4)(a)3. of this Rule shall have their license automatically permanently revoked.

(c) The State Board shall send notice to educators whose licenses are subject to automatic revocation or automatic permanent revocation at least thirty (30) days prior to the board meeting at which such revocation shall occur, using the educator’s contact information in the State of Tennessee’s educator licensure database (TN Compass) as required by paragraph (10) of this Rule.

(d) Automatic Suspension of License – The State Board shall automatically suspend, without the right to a hearing, the license of an educator upon receiving notice from the Tennessee Department of Human Services or other responsible state agency that an educator has failed to comply with an order of support for alimony or child support, pursuant to T.C.A. § 36-5-706, together with notification that the educator has been afforded all notices and due process, including the right to request a hearing with the Tennessee Department of Human Services or other responsible state agency as required by the Tennessee Department of Human Services or other responsible state agency’s governing statutes and rules.

(e) The State Board shall send written notice to educators whose licenses are subject to automatic suspension at least thirty (30) days prior to the State Board meeting at which such suspension shall occur, using the educator’s contact information in the State of Tennessee’s educator licensure database (TN Compass) as required by paragraph (10) of this Rule.

(f) Upon receipt of notice from the Tennessee Department of Human Services or other responsible state agency that the educator has come into compliance after automatic suspension for one (1) of the offenses set forth in subparagraph (d), the State Board staff shall reinstate the license of the educator in accordance with the State Boardapproved order of suspension.

(g) Expired Licenses, Prohibition on Reactivation – If the State Board receives verification of the identity of an individual with an expired license who would qualify for automatic revocation under paragraph (4)(a) of this Rule if the individual possessed an active educator license, the State Board shall take action to prohibit the individual from applying to reactivate the expired license.

The State Board shall send written notice to individuals who will be prohibited from applying to reactivate an expired license at least thirty (30) days prior to the State Board meeting at which such action shall occur, using the educator’s contact information in the State of Tennessee’s educator licensure database (TN Compass) as required by paragraph (10) of this Rule.
The State Board shall send notice of an action taken pursuant to this subparagraph (g) to the national clearinghouse administered by the National Association of State Directors of Teacher Education and Certification (NASDTEC).

(5) Disciplinary Actions.

(a) For the following categories of offenses, the State Board may impose disciplinary action upon its findings as detailed below:

Conviction of a felony.

(i) Upon receiving notification that an individual has been convicted of a felony, the individual shall be subject to disciplinary action within the range of a suspension of not less than two (2) years up to and including permanent revocation of the convicted individual’s educator license.

Conviction of a misdemeanor where the victim is a student and/or a minor.

(i) Upon receiving notification that an individual has been convicted of a misdemeanor where the victim is a student and/or a minor, the individual shall be subject to disciplinary action within the range of a suspension of not less than six (6) months up to and including revocation of the convicted individual’s educator license.

Use, possession, or under the influence of alcohol or illegal substances.

(i) An individual holding an educator’s license who is found to be in possession of, consuming, or under the influence of alcohol, or illegal substances while on school premises or property when children are present shall be subject to a disciplinary action within the range of suspension for not less than one (1) year up to and including revocation.

(ii) An individual holding an educator’s license who is found to be in possession of, consuming, or under the influence of alcohol, or illegal substances while on school premises or property without children present shall be subject to a disciplinary action within the range of suspension for not less than one (1) year up to and including revocation.

(iii) An individual holding an educator’s license who is found to be in possession of, consuming, or under the influence of alcohol or illegal substances while not on school premises or property, but while participating in school related activities with children present, shall be subject to a disciplinary action within the range of suspension for not less than one (1) year up to and including revocation.

(iv) An individual holding an educator’s license who is found to be in possession of, consuming, or under the influence of alcohol or illegal substances while not on school premises or property, but participating in school related activities without children present, shall be subject to a disciplinary action within the range of suspension for not less than six (6) months up to and including a two (2) year suspension.

Negligence in the commission of duties as an educator.

(i) An individual holding an educator’s license who is found to be negligent in his or her commission of duties as an educator in such a manner that does not result in harm to a child, but presented the potential for physical or mental harm, shall be subject to a disciplinary action within the range of a letter of formal reprimand up to and including a two (2) year suspension.

(ii) An individual holding an educator’s license who is found to be negligent in their commission of duties as an educator in such a manner that results in harm to a child, shall be subject to a disciplinary action within the range of suspension for no less than one (1) year up to and including permanent revocation.

Noncompliance with security guidelines for state-mandated test, TCAP, or successor test.

(i) An individual holding an educator’s license who is found to have been noncompliant with security guidelines for a state-mandated test, TCAP, or successor test shall be subject to a disciplinary action within the range of a letter of formal reprimand up to and including revocation.

Unprofessionalism.

(i) An individual holding an educator’s license who is found to have engaged in non-explicit inappropriate communication with a student shall be subject to a disciplinary action within the range of a suspension for no less than three (3) months up to and including revocation.

(ii) An individual holding an educator’s license who is found to have engaged in inappropriate communication of an explicit nature with a student shall be subject to permanent revocation.

(iii) An individual holding an educator’s license who is found to have inappropriately used school property shall be subject to a disciplinary action within the range of a suspension for no less than three (3) months up to and including revocation.

Inappropriate Physical Contact.

(i) An individual holding an educator’s license who is found to have engaged in inappropriate physical contact with a student that does not result in harm or potential harm to the student shall be subject to a disciplinary action within the range of a formal reprimand up to and including suspension for two (2) years.

(ii) An individual holding an educator’s license who is found to have engaged in inappropriate physical contact with a student that results in harm or potential harm to the student shall be subject to a disciplinary action within the range of a suspension for not less than two (2) years up to and including permanent revocation.

Falsification of Licensure Documentation.

(i) An individual holding an educator’s license who is found to have falsified licensure documentation shall be subject to a disciplinary action within the range of revocation or permanent revocation.

Violation of the Teacher Code of Ethics.

(i) An individual holding an educator’s license who is found to have violated the Teacher Code of Ethics contained in T.C.A. Title 49, Chapter 5, Part 10 shall be subject to a disciplinary action within the range of a formal reprimand up to and including revocation.

(b) Similar Offenses – Actions related or similar to the above-enumerated offenses in paragraphs (3), (4), and (5)(a) shall carry recommended disciplinary action commensurate with the range established for the similar offense. The State Board may take action against an educator’s license for any similar offense occurring in another state in the United States, other jurisdiction, or other country, if the conduct would justify action under Tennessee law or this Rule.

(c) Reasonable Force – Nothing in this part shall prevent an educator from exercising his or her lawful authority to use reasonable force when necessary under the circumstances to correct or restrain a student or prevent bodily harm or death to another person pursuant to T.C.A. § 49-6-4107.

(d) Repeated Violations – Individuals holding an educator’s license who are subject to multiple disciplinary actions by the State Board shall face disciplinary action in excess of the recommended ranges. A third violation, regardless of severity, shall be subject to a recommendation of revocation.

(e) Discipline Range – Nothing in this Rule shall prohibit the State Board from imposing a disciplinary action outside of the uniform discipline range upon good cause shown.

(f) Eligibility for Employment during Review – The notation on an individual’s educator licensure database file (TN Compass) that an educator’s license is under review by the State Board is not a disciplinary action under this Rule and does not prohibit a licensed educator from being employed by a school or school system, as that educator still has an active license. An individual with a notation on their educator licensure database file (TN Compass) that their educator license is under review by the State Board shall continue to be responsible for completing any requirements for renewal or advancement of their license during the period of time that the individual’s educator license is under review, because the license remains active.

(6) Issuance of Temporary Permits.

(a) The Commissioner of Education (“Commissioner”) may grant, on behalf of the State Board, under conditions outlined in T.C.A. § 49-5-106(a)(1), State Board Rule 0520-02- 03-.12, and this Rule, a temporary permit to an unlicensed individual to teach in an unfilled position, which permit shall be valid only until June 30 following the date of issuance.

The permit application of any individual who indicates an affirmative answer on the personal affirmation section of the application shall be sent by the Commissioner to the State Board for review in accordance with this Rule for a determination of whether the permit may be issued by the Commissioner. If an individual indicates an affirmative answer on the personal affirmation section of the application for a permit, the individual shall show cause why the permit should be issued despite the individual’s affirmative answers. Issuance of a permit is considered on a case-by-case basis and the burden of proof rests with the individual applying for the permit. In the case of a felony conviction, the individual shall also show that any sentence imposed, including any pre-trial diversion or probationary period, has been completed. Additionally, an application for issuance of a permit may be denied if an action against the individual’s license has been taken or is pending in this state or another state.
There shall be a rebuttable presumption that any individual applying for a permit who has committed an offense that would subject him or her to discipline under this Rule if the individual had a license, shall be presumed ineligible to receive a permit.
An individual shall meet the requirements set forth in this Rule and State Board

Rule 0520-02-03-.12 for each issuance of a permit.

If an individual teaching on a permit issued by the Commissioner is reported by a Director as described above in paragraph (2) and the misconduct, if substantiated, would warrant disciplinary action under this Rule if the individual had a license, the State Board may direct the Commissioner not to issue a subsequent permit upon expiration of the individual’s current permit pursuant to T.C.A. § 49-5-106(a).
Case Review.

(i) State Board counsel shall present an initial recommendation regarding granting or denying a permit application to the case review committee consisting of State Board staff who shall review the entire file to determine whether to recommend issuance of a permit or denial of an application for a permit, or in the case of an individual reported by a Director as described above in paragraph (2), whether to direct the Commissioner not to issue any subsequent permits to the individual. The case review committee may also determine that additional investigation is necessary before a recommendation can be made.

(ii) If the case review committee recommends that the State Board direct the Commissioner to deny an application for a permit or not to issue any subsequent permits to the individual under this Rule, the recommendation will be presented to the State Board at a regularly scheduled State Board meeting. State Board counsel will notify the individual of the recommendation and the State Board’s policy regarding requests to speak at State Board meetings.

If an individual has had an application for a permit denied by the Commissioner, the individual must indicate such on any future application for an educator license or permit in Tennessee.

(7) Reinstatement or Restoration of a License.

(a) Reinstatement.

An individual whose license has been suspended under this Rule shall have his or her educator license reinstated after the period of suspension has been completed, and, where applicable, the individual has presented proof of compliance with all terms and conditions prescribed by the State Board in the approved order of suspension. Suspended licenses are subject to the expiration and renewal rules of the State Board. An individual whose license expires during the period of suspension must apply for reactivation. A suspended license may not be reinstated if an action has been taken or is pending against the educator’s license in another state.

(b) Restoration.

An individual whose license has been revoked under this Rule may apply to the State Board to have the license restored upon application showing that the cause for revocation no longer exists and that the individual has complied with any terms and conditions imposed in the approved order of revocation. To show the cause no longer exists, the individual shall show cause why the license should be restored despite the misconduct that resulted in the individual’s license being revoked. The individual shall provide evidence of rehabilitation and fitness to perform the duties authorized and required by the license sought. In the case of a felony conviction, the individual shall also show that any sentence imposed, including any pre-trial diversion or probationary period, has been completed.

Application for such restoration shall be made to State Board counsel in accordance with State Board License Reinstatement and License Restoration Applications Policy 5.500.

An individual whose license has been revoked under this Rule is not eligible to reapply for licensure for a period of no less than five (5) years from the time at which the license was initially revoked, unless a shorter period of time is specified in the State Board-approved order of revocation pursuant to paragraph (5)(e) of this Rule. An individual whose license has been permanently revoked shall not be eligible to reapply for licensure.
In any deliberation by the State Board to restore a license that has been revoked, there shall be a rebuttable presumption that an individual whose license has been revoked is unfit for licensure. Nothing in this Rule is intended to guarantee restoration of a license.
Restoration of an educator license is considered on a case-by-case basis. The burden of proof rests with the individual applying for restoration of the license. An application for restoration also may be denied if an action against the individual’s educator license has been taken or is pending in another state.
Exception for Expired Licenses – An individual whose license expired during the period of revocation may apply for reactivation, unless the license was permanently revoked. Because the individual’s license is expired, the individual shall submit a reactivation application instead of a restoration application. The individual shall show why the license should be reactivated despite the individual’s affirmative answers to the personal affirmation questions on his or her application and that the individual has complied with any terms and conditions imposed in the approved order of revocation. The individual shall show cause why the license should be reactivated despite the misconduct that resulted in the individual’s license being revoked. In the case of a felony conviction, the individual shall also show that any sentence imposed, including any pre-trial diversion or probationary period, has been completed. Applications for reactivation shall be submitted in TN Compass in accordance with State Board License Reinstatement and License Restoration Applications Policy 5.500.

(i) Reactivation of an expired revoked license is considered on a case-bycase basis. The burden of proof rests with the individual applying for reactivation of the license. An application for reactivation may also be denied if an action against the individual’s educator license has been taken or is pending in another state.

If the case review committee recommends the revoked license be restored or, in the case of an expired revoked license, reactivated, Board counsel shall send notice to the individual that his or her application for restoration or reactivation will be presented to the State Board for approval at its next regularly scheduled meeting.
Paragraphs (12) and (13) of this Rule address procedures to be followed if the case review committee recommends the restoration application be denied or denial of an application to reactivate an expired revoked license. The Board is not bound by the case review committee’s recommendation.

(8) Denial of a License.

(a) An individual who has been denied an educator license may reapply for a license at any point after denial provided the individual has complied with any terms and conditions imposed in the approved order of denial. If the individual indicates an affirmative answer on the personal affirmation section of the application for a Tennessee educator license, the individual shall show why the license should be issued despite the individual’s affirmative answers. Issuance of a license is considered on a case-by-case basis and the burden of proof rests with the individual applying for the license. In the case of a felony conviction, the individual shall also show that any sentence imposed, including any pre-trial diversion or probationary period has been completed. An application for issuance of a license may be denied if an action against the individual’s license has been taken or is pending in another state.

(b) Presumptive Denial – There shall be a rebuttable presumption that any individual applying for an educator license who has committed an offense that would subject him or her to revocation or suspension shall be presumed ineligible to receive a Tennessee educator license.

(9) Scope of Disciplinary Action – An individual whose license has been suspended or revoked, shall not serve as a school volunteer or be employed, directly or indirectly, as an educator, paraprofessional, aide, substitute teacher, or in any other position in a school during the period of the suspension or revocation.

(10) Duty to Maintain Updated Contact Information – Individuals have a duty to maintain up-todate contact information, including but not limited to address, e-mail address, and phone number, in the state of Tennessee’s educator licensure database (TN Compass). Any changes to the individual’s contact information shall be updated by the individual in the educator license database (TN Compass) within thirty (30) days of the change. All notices provided by the State Board to individuals under this Rule shall be sent to the individual’s contact information in TN Compass.

(11) Case Review – State Board counsel shall present an initial recommendation for licensure action or non- action to a case review committee consisting of State Board staff who shall review the entire file to determine whether disciplinary action should be recommended to the State Board against an individual’s license, or whether to issue, renew, restore or reactivate an individual’s license. The case review committee may also determine that additional information is necessary before a recommendation can be made.

(12) Denial of an Initial Application or Application to Reactivate an Expired License – If the case review committee recommends that the State Board deny an initial application for a Tennessee educator license or an application to reactivate an expired license under this

Rule, said denial will be presented to the State Board at a regularly scheduled State Board meeting. State Board counsel will notify individuals of the denial recommendation and the State Board’s policy regarding requests to speak at State Board meetings.

(13) Proposed Action and Due Process Rights – If the case review committee recommends that the State Board formally reprimand, suspend, or revoke an individual’s license, deny the renewal of an individual’s license under paragraphs (3) or (5) of this Rule, or that the State Board deny restoration under paragraph (7), State Board counsel shall send notice of the proposed action to the individual in writing using the individual’s contact information in the State of Tennessee’s educator licensure database (TN Compass). The notice sent by State Board counsel regarding the proposed licensure action shall state that the individual is entitled to request that a hearing be conducted as a contested case under the Uniform Administrative Procedures Act (“UAPA”), T.C.A. §§ 4-5-301, et seq., and shall include the individual’s right to show compliance pursuant to T.C.A. § 4-5-320(c). State Board counsel shall also include a proposed consent order to be agreed to by the individual. Should the individual fail to request a hearing within the specified time period or fail to take action with regard to the consent order, a contested case proceeding shall be instituted against him or her, of which the individual shall be sent separate notice of official charges for license action and notice directing him or her to appear at a specified time and place for a hearing to be held before an Administrative Law Judge (“ALJ”) sitting on behalf of the State Board pursuant to the UAPA, T.C.A. §§ 4-5-301, et seq. Should the individual fail to appear, a default judgment may be taken against his or her license. If the individual requests a hearing, then State Board counsel schedules a hearing to be conducted as a contested case proceeding with an ALJ sitting on behalf of the State Board pursuant to the UAPA. The State Board or the individual may appeal the Initial Order of the ALJ to the State Board or to Chancery Court, pursuant to the UAPA, or seek reconsideration from the ALJ.

(14) Consent Order/Action – If the individual consents to the proposed licensure action, State Board counsel shall present the consent order to the State Board for approval at a regularly scheduled meeting. The State Board is not bound by the recommendation contained in the consent order. The State Board may vote to approve the consent order, to impose less harsh disciplinary action, or to pull the item from the agenda for reconsideration of a harsher disciplinary action. If a harsher disciplinary action is recommended by the State Board, State Board counsel shall send a new notice to the individual regarding his or her right to request a hearing pursuant to paragraph thirteen (13) of this Rule.

(15) Contested Case Proceedings – All contested case hearings before the State Board or an ALJ sitting on behalf of the State Board shall be conducted pursuant to the Tennessee Department of State’s Uniform Rules of Procedure for Contested Cases Before State Administrative Agencies, Chapter 1360-04-01.

(16) Assessment of Costs – When a final order is issued following a contested case hearing, before the State Board or an ALJ siting on behalf of the State Board, in which an individual is issued a formal reprimand or the individual’s license is denied, non-renewed, suspended, or revoked under this Rule, State Board counsel may request that the State Board, or an ALJ sitting on behalf of the State Board, order that reasonable costs associated with the contested case hearing be assessed against the individual pursuant to T.C.A. § 49-5-419.

The reasonable costs associated with the contested case hearing shall be determined by the State Board or the ALJ sitting on behalf of the State Board and shall be based upon billing associated with the contested case hearing received from the State of Tennessee Department of State Administrative Procedures Division.

(17) Discipline Schedule – The following chart outlines the least and greatest disciplinary ranges for the offenses listed as indicated by the shaded squares, provided that the State Board may impose discipline outside of the stated range as provided in paragraph (5)(e) of this Rule.

Letter of Formal Reprimand Suspension of 3 months up to and including 6 months Suspension of 6 months up to and including 1 year Suspension of 1 year up to and including 18 months Suspension of 18 months up to and including 2 years Suspension of 2 years up to and including Revocation Revocation Permanent Revocation Noncompliance with Security Guidelines Director of Schools Failure to Report Negligence w/o Harm or with Potential for Harm)

Inappropriate Physical Contact w/o Harm Unprofessionalism - Inappropriate Communication (Non- Explicit)

Unprofessionalism - Inappropriate Use of School Property Possession/Use/Under Influence - Off School Premises/Property w/o Children Present During School Related Activity Possession/Use/Under Influence - Off School Premises/Property w/ Children Possession/Use/Under Influence - On School Premises/Property w/o Children Possession/Use/Under Influence - On School Premises/Property w/ Children Violation of Teacher Code of Ethics Negligence w/ Harm Inappropriate Physical Contact with Harm Felony Conviction Misdemeanor Conviction (Minor Victim)

Falsification of Licensure Documentation Unprofessionalism - Inappropriate Communication (Explicit)

History

Authority: T.C.A. §§ 4-5-301, et seq., 4-5-320, 49-1-302, 49-1-607, 49-5-106, 49-5-108, 49-5-413, 49-5- 417, and 49-5-419.
Administrative History: Repeal and new rules filed December 18, 2014; effective March 18, 2015. A stay of the rules was filed January 28, 2015; new effective date June 1, 2015. Amendment filed May 29, 2015; effective August 27, 2015. Emergency rules filed August 27, 2015; effective through February 23, 2016. Repeal and new rules filed October 27, 2015; effective January 25, 2016. Emergency rule filed September 5, 2017; effective through March 4, 2018. Amendments filed December 5, 2017; effective March 5, 2018. Emergency rules filed April 16, 2020; effective through October 13, 2020. Amendments filed February 3, 2020; effective May 3, 2020. Amendments filed November 30, 2020; effective February 28, 2021. Amendments filed August 5, 2021; effective November 3, 2021. Amendments filed September 2, 2022; effective December 1, 2022. Amendments filed August 29, 2023; effective November 27, 2023.

Tenn. Comp. R. & Regs. 0520-02-03-.10 REQUIREMENTS FOR INSTRUCTIONAL LEADER LICENSES

(1) All principals, assistant principals, and supervisors serving as instructional leaders in Tennessee shall hold the appropriate instructional leader license.

(2) Dual assignment personnel whose work assignment includes more than fifty percent (50%) instructional leadership responsibilities shall hold the appropriate instructional leader license.

(3) Educators seeking the Instructional Leader License (ILL) shall meet the following requirements:

(a) Hold an advanced degree from a regionally or nationally accredited college or university recognized by the Council for Higher Education Accreditation (CHEA) or the United States Department of Education (USDOE);

(b) Have at least three (3) years of qualifying experience as an educator as defined by the Department;

(d) Be recommended by the State Board-approved instructional leader preparation provider; and (e) Submit qualifying scores on all required assessments as defined in the Professional Assessments for Tennessee Educators Policy.

(4) Educators from a state other than Tennessee who are seeking the ILL shall meet the following requirements:

(a) Out-of-State Pathway 1: The out-of-state prospective instructional leader shall:

Hold an advanced degree from a regionally or nationally accredited college or university recognized by the Council for Higher Education Accreditation (CHEA) or the United States Department of Education (USDOE);
Have at least three (3) years of qualifying experience as an educator as defined by the Department;
Submit qualifying scores on all required assessments as defined in the Professional Assessments for Tennessee Educators Policy; and (i) Have completed an instructional leader preparation program approved by a state other than Tennessee as demonstrated by a provider recommendation from the out-of-state instructional leader preparation program where the educator completed preparation; or (ii) Hold a full and valid license, comparable to the Tennessee ILL, from a state other than Tennessee that is a partner in the NASDTEC interstate agreement.

(5) Educators from a state other than Tennessee who are seeking the Instructional Leader License - Professional (ILL-P) shall meet the following requirements:

(a) Out-of-State Pathway 2. The out-of-state prospective instructional leader shall:

Hold an advanced degree from a regionally or nationally accredited college or university recognized by the Council for Higher Education Accreditation (CHEA) or the United States Department of Education (USDOE);
Have at least three (3) years of qualifying out-of-state experience as an educator as defined by the Department, of which, one (1) year must be as a school principal, assistant principal, or instructional supervisor; and 3. Hold a full and valid license comparable to the ILL-P from a state other than Tennessee that is a partner in the NASDTEC interstate agreement.

(6) Educators holding the ILL may renew the license through one (1) of the following pathways:

(a) Serve in a Tennessee Academy for School Leaders (TASL)-mandated position for at least two (2) years of the validity period of the license and be current in all TASL requirements; or (b) Successfully complete a Department-approved instructional leadership training.

(7) Educators enrolled in a State Board-approved instructional leader preparation program may apply for the Instructional Leader License–Aspiring (ILL-A). Educators holding the ILL-A may only serve as an assistant principal and may not serve as a principal or instructional supervisor. Educators seeking the ILL-A shall meet the following requirements:

(a) Have at least three (3) years of qualifying experience as an educator as defined by the Department;

(b) Be enrolled in a State Board-approved instructional leader preparation program; and (c) Be recommended by the State Board-approved instructional leader preparation provider.

(8) Candidates from a state other than Tennessee who are seeking the ILL-A shall meet the following requirements:

(a) Have at least three (3) years of qualifying experience as an educator as defined by the Department; and (b) Have completed an instructional leader preparation program approved by a state other than Tennessee as demonstrated by:

A full and valid license, comparable to the Tennessee ILL, from a state other than Tennessee that is a partner in the NASDTEC interstate agreement; or 2. A provider recommendation from the out-of-state instructional leader preparation program where the educator completed preparation.

(9) The ILL-A shall expire at the end of the validity period. The ILL-A is not renewable and cannot be reactivated.

(10) Educators currently holding the ILL may seek advancement to the ILL-P through one (1) of the following advancement pathways:

(a) Tennessee Academy for School Leaders (TASL) Pathway. Educators seeking advancement through the TASL pathway shall meet the following requirements:

Be recommended by the TASL director and be current in all TASL requirements;
Successfully complete the Beginning Principals’ Academy or the Beginning Supervisors’ Academy; and 3. Be recommended by the educator’s director of schools or director of the public charter school verifying the educator has a minimum of two (2) years of successful experience as a principal, assistant principal, or an instructional supervisor as demonstrated by an overall evaluation rating of at expectations or higher on a state-approved administrator evaluation model during the most recent validity period of the ILL.

(b) Individual Professional Learning Plan (IPLP) Pathway. Educators seeking advancement through the IPLP pathway shall meet the following requirements:

Be recommended by the TASL director;
Successfully complete an Individual Professional Learning Plan in coordination with an approved instructional leader preparation program; and 3. Be recommended by the educator’s director of schools or director of the public charter school verifying the educator has a minimum of two (2) years of successful experience as a principal, assistant principal, or an instructional supervisor as demonstrated by an overall evaluation rating of at expectations or higher on a state-approved administrator evaluation model during the most recent validity period of the ILL.

(11) Educators may renew the ILL-P through one (1) of the following pathways:

(a) TASL Pathway. Educators who currently serve in a TASL-mandated position shall meet all TASL requirements.

(b) Instructional Leadership Training Pathway. Educators who do not currently serve in a TASL-mandated position seeking renewal shall successfully complete a Departmentapproved instructional leadership training.

(12) If the educator has not met the requirements for renewal or advancement at the end of the validity period of the instructional leader license, then the license shall become inactive.

Educators who fail to apply for renewal prior to the expiration of the license shall have a grace period until October 1 following the date of expiration to apply for renewal. Applications for renewal submitted during the grace period shall demonstrate that the educator completed all requirements for license renewal (except for submission of the application) prior to the end of the validity period.

(13) In order to reactivate an instructional leader license and endorsements held (with the exception of the ILL-A which is not eligible for reactivation), an educator shall submit to the Department evidence of completion of an approved leader preparation program (if not already provided) and shall either:

(a) Submit qualifying scores on all State Board-required assessments as defined in the Professional Assessments for Tennessee Educators Policy 5.105; or (b) Present a full and valid professional-level instructional leader license from a state other than Tennessee that is a partner in the NASDTEC interstate agreement.

(14) Out-of-state prospective educators who are military spouses and who hold an active instructional leader license (initial or professional) from a state other than Tennessee that is a partner in the NASDTEC interstate agreement shall be issued the ILL-P upon providing documentation of active military dependent status and a recommendation from an approved educator preparation provider verifying completion of an approved instructional leader preparation program in a state other than Tennessee.

History

Authority: T.C.A. §§ 49-1-302, 49-5-108, and 49-5-5603.
Administrative History: Repeal and new rules filed December 18, 2014; effective March 18, 2015. A stay of the rules was filed January 28, 2015; new effective date June 1, 2015. Emergency rules filed August 27, 2015; effective through February 23, 2016. Repeal filed October 27, 2015; effective January 25, 2016. New rules filed August 16, 2019; effective November 14, 2019. Emergency rules filed April 16, 2020; effective through October 13, 2020. Amendments filed April 16, 2020; effective July 15, 2020. Emergency rules filed July 9, 2021; effective through January 5, 2022. Emergency rules expired effective January 6, 2022, and the rules reverted to their previous statuses. Amendments filed December 2, 2021; effective March 2, 2022. Amendments filed March 16, 2023; effective June 14, 2023. Amendments filed March 25, 2024; effective June 23, 2024. Amendments filed January 31, 2025; effective May 1, 2025.

Tenn. Comp. R. & Regs. 0520-02-03-.11 ENDORSEMENTS

(1) All educators shall hold a full and valid Tennessee educator license with an endorsement covering the work assignment as provided in T.C.A. Title 49, Chapter 5.

(2) Prospective educators seeking initial licensure shall meet requirements in at least one (1) area of endorsement.

(3) In accordance with T.C.A § 49-5-5619, beginning August 1, 2023, educators seeking to obtain or maintain endorsements identified in the Educator Licensure Policy 5.502 as requiring passage of a foundational literacy skills assessment or completion of an approved foundational literacy skills professional development course, must submit required documentation demonstrating completion of the foundational literacy skills assessment or foundational literacy skills professional development course as set forth below. If an educator chooses to complete the foundational literacy skills professional development course, evidence of completion of the course shall be submitted to the Department within the twelve (12) months preceding the applicable licensure transaction.

(a) Educators seeking licensure and endorsement in an applicable area as identified in Policy 5.502 must demonstrate meeting this requirement at the time of licensure issuance, except for candidates enrolled in an educator preparation program with a jobembedded clinical practice.

(b) Educators who hold a license and endorsement(s) in an applicable area as identified in Policy 5.502 while enrolled in a program with a job-embedded clinical practice and all other educators seeking to renew or advance a teacher or instructional leader license with an endorsement in an applicable area as identified in Policy 5.502 must complete this requirement to renew or advance the license.

(c) Educators seeking to add an endorsement in an applicable area as identified in Policy 5.502 to a teaching license must demonstrate completion of this requirement prior to the endorsement being added to the license.

(d) Educators who hold multiple endorsements on a license, at least one (1) of which is not impacted by T.C.A. § 49-5-5619, may maintain licensure and any endorsements not identified in Policy 5.502, without demonstrating completion of this requirement; however, any applicable endorsement(s) identified in Policy 5.502 will become inactive at the time of renewal or advancement of the license unless the educator demonstrates completion of this requirement.

(e) Educators who only hold a license with applicable endorsement(s) as identified in Policy 5.502 and who do not complete this requirement will not be able to renew or advance the license and it will become inactive.

(f) Educators whose license becomes inactive as provided for in subparagraph (e) may reactivate a license and/or applicable endorsement(s) identified in Policy 5.502 held on a license by demonstrating completion of the required foundational skills literacy assessment or approved professional development course required by T.C.A. § 49-5- 5619.

(g) Once an educator has demonstrated completion of the requirement to pass the foundational literacy skills assessment or complete an approved foundational literacy skills professional development course as provided in subparagraphs (a) through (f), the educator will not have to re-take the course or the assessment to maintain licensure.

(4) Educators may add additional endorsements to a license in accordance with rules and policies established by the State Board, State Board Educator Licensure Policy 5.502, and guidelines established by the Department.

(5) When an endorsement held by an out-of-state applicant does not match the content area or grade span of an available Tennessee endorsement, the Department shall identify the most appropriate match, if possible. In some cases, if there is not an equivalent endorsement and the grade span and/or content area do not have an appropriate match, the Department may request additional evidence to demonstrate knowledge and/or experience in the content area and/or grade span covered by the available Tennessee endorsement prior to issuing or reactivating a license in Tennessee. The same process shall also apply to an educator who is seeking to reactivate an expired license if the endorsements previously held are no longer issued.

(6) All educators who teach a course in which a state-level end-of-course examination is required shall hold the subject-specific endorsement for the course or meet the appropriate employment standard set forth in Employment Standards Rule Chapter 0520-02-06, unless the educator is granted an emergency credential by the Commissioner in accordance with Endorsements Rule 0520-02-03-.11 and Permits Rule 0520-02-03-.12.

(7) An educator may teach up to two (2) sections of one (1) course outside the educator’s area of endorsement each school year, except for courses in which a state-level end-of-course examination is required, elementary physical education courses, or special education courses.

(8) An educator who holds a full and valid and active license may teach more than one (1) course or more than two (2) sections of one (1) course outside of the educator’s area of endorsement if an endorsement exemption is requested by the director of schools or director of a public charter school and approved by the Commissioner.

(a) In reviewing an initial endorsement exemption for approval, the Commissioner shall consider:

The educator’s previous teaching experience;
The educator’s postsecondary coursework and degrees held; and 3. The content and grade span of endorsements held on the educator’s current license.

(b) Endorsement exemptions shall be valid for one (1) school year. A director of schools or director of public charter school may request renewal of an endorsement exemption for an educator who demonstrates progress toward earning the relevant endorsement. An endorsement exemption may be renewed no more than two (2) times.

(d) An endorsement exemption shall not be issued by the Commissioner to an individual to teach a special education course in accordance with Federal laws.

(9) Licensed educators enrolled in an additional endorsement program in special education offered by a State Board-approved educator preparation provider may add a provisional special education endorsement by:

(a) Submitting a recommendation from the educator preparation provider verifying:

Enrollment in a program of study for additional endorsement in the special education endorsement area; and 2. An assurance that the educator will be assigned a mentor who is endorsed in the special education endorsement area.

(b) In order to transition from a provisional endorsement to a full endorsement, educators shall submit qualifying scores on all State Board-required assessments and successfully complete the program of study within three (3) years of receiving a provisional endorsement. The provisional endorsement shall be valid for three (3) years and shall not be renewed.

History

Authority: T.C.A. §§ 49-1-302, 49-5-106, 49-5-108, 49-5-403, 49-5-5619, and 49-6-303.
Administrative History: Original rule filed November 16, 1989; effective February 29, 1990. Repeal and new rule filed March 16, 1992; effective June 29, 1992. Amendment filed May 28, 1999; effective September 28, 1999. Repeal and new rules filed December 18, 2014; effective March 18, 2015. A stay of the rules was filed January 28, 2015; new effective date June 1, 2015. Emergency rules filed August 27, 2015; effective through February 23, 2016. Repeal filed October 27, 2015; effective January 25, 2016. New rules filed August 16, 2019; effective November 14, 2019. Emergency rules filed July 9, 2021; effective through January 5, 2022. Emergency rules expired effective January 6, 2022, and the rules reverted to their previous statuses. Amendments filed December 2, 2021; effective March 2, 2022. Amendments filed July 20, 2022; effective October 18, 2022. Amendments filed March 16, 2023; effective June 14, 2023. Amendments filed November 21, 2023; effective February 19, 2024. Amendments filed March 5, 2025; effective June 3, 2025. Emergency rules filed September 16, 2025; effective through March 15, 2026. Amendments filed December 11, 2025; effective March 11, 2026.

Tenn. Comp. R. & Regs. 0520-02-03-.12 PERMITS

(1) Academic Permits.

(a) After the director of schools or the director of a public charter school notifies the director’s local board of education or the governing body of the director’s charter school, as applicable, that the LEA or charter school is unable to secure a qualified teacher with a valid license for the type and kind of school in which a vacancy exists, the director of schools or the director of a charter school may certify to the Commissioner that the LEA or charter school is unable to secure a qualified teacher with a valid license for the position in which a vacancy exists.

(b) In accordance with T.C.A. § 49-5-106, upon the Commissioner’s receipt of the certification, the Commissioner may grant a temporary permit to teach in the unfilled position to an individual who does not hold an active Tennessee educator license under the conditions set forth in this Rule.

(d) The director of schools or charter school leader shall recommend the individual for a teaching permit.

(e) The recommended individual shall hold a minimum of a bachelor’s degree from a regionally or nationally accredited college or university recognized by the Council for Higher Education Accreditation (CHEA) or the United States Department of Education (USDOE).

(f) If an individual indicates an affirmative answer on the personal affirmation section of the application for a permit, the individual shall show cause as to why the individual believes the permit should be issued despite the individual’s affirmative answers. The permit application of any individual who indicates an affirmative answer on the personal affirmation section of the application shall be sent to the State Board for review in accordance with State Board Rule 0520-02-03-.09 for a determination of whether the permit may be issued by the Commissioner.

(g) If an individual teaching on a permit issued by the Commissioner is reported to the State Board by a director of schools or director of a public charter school as described in State Board Rule 0520-02-03-.09 and the misconduct, if substantiated, would warrant disciplinary action under State Board Rule 0520-02-03-.09, the State Board may direct the Commissioner not to issue a subsequent permit to the individual upon expiration of the individual’s current permit pursuant to T.C.A. § 49-5-106 and State Board Rule 0520-02-03-.09.

(h) In reviewing a permit application for approval, the Commissioner may consider, but is not limited to, the following:

The individual’s previous work experience;
The individual’s postsecondary coursework and degrees held;
The individual’s relevant experience in the subject area where the individual is seeking to teach; and 4. The individual’s progress toward obtaining a Tennessee educator license.

(i) In addition to criteria specified in paragraph (1)(h), when determining whether to issue a temporary teaching permit to allow a person to teach a course for which an end-ofcourse examination is required, the Commissioner shall consider the following information:

The availability of other faculty or staff who are qualified to teach the course for which an end-of-course examination is required;
The timing of the vacancy in relation to the LEA’s or public charter school’s school calendar, such as whether the vacancy occurs during the LEA’s or public charter school’s school calendar or in between academic years; and 3. In cases where a vacancy for a course requiring an end-of-course examination occurs outside of the LEA’s or public charter school’s school calendar, the Commissioner shall also consider an LEA’s or public charter school’s efforts to advertise the vacancy.

(j) An individual who is issued a temporary teaching permit to teach a course for which an end-of-course examination is required shall be assigned a mentor teacher by the director of schools or the director of the public charter school.

(k) Individuals with a teaching permit shall not teach a special education course in accordance with Federal laws.

(l) Each permit issued by the Commissioner shall be valid only until June 30 following the date of issuance.

(m) An individual may be issued no more than three (3) permits. An individual shall meet the requirements set forth in this Rule for each issuance of a permit.

(n) A local board of education or governing body of a charter school may employ an individual holding a permit, but not holding a valid license, only for such period for which the local board of education or the governing body of the charter school is unable to secure a qualified teacher with a valid license for the type and kind of school.

The permit issued to an unlicensed individual is only valid for the school and LEA identified in the permit application submitted to the Department and shall not be used for any other purpose.

(o) If an individual has had a permit application denied by the Commissioner pursuant to paragraph (1)(f) or (1)(g) of this Rule, the individual must indicate such on any future application for an educator license or permit in Tennessee.

(2) Clinical Practice Permits.

(a) After the director of schools or the director of a public charter school notifies the director’s local board of education or the governing body of the director’s charter school, as applicable, that the LEA or charter school is unable to secure a qualified teacher with a valid license for the type and kind of school in which a vacancy exists, the director of schools or the director of a public charter school may certify to the Commissioner that the LEA or charter school is unable to secure a qualified teacher with a valid license for the position in which a vacancy exists.

(b) In accordance with T.C.A. § 49-5-106, upon the Commissioner’s receipt of the certification, the Commissioner may grant a clinical practice permit to teach in the unfilled position to an individual who does not hold an active Tennessee educator license under the conditions set forth in this Rule.

(c) A director of schools or a director of a public charter school shall submit a conditional offer of employment made by the respective director of schools or the director of the public charter school for the individual to fill a position for which the LEA or public charter school is unable to secure a qualified teacher with a valid license for the type and kind of school in which a vacancy exists. The conditional offer of employment must include a certification by the director of schools or the director of the public charter school that the director has notified the Commissioner of the LEA’s or public charter school’s inability to fill the vacancy and its intent to employ the individual pursuant to a clinical practice permit issued pursuant to this Rule.

(d) To be eligible to receive a clinical practice permit, an individual shall be enrolled in a State Board-approved educator preparation program (“EPP”), have completed all EPP coursework except for the clinical practice required pursuant to T.C.A. § 49-5-5604 and State Board Rules Chapter 0520-02-04, and submit with the application for a clinical practice permit a letter of recommendation from the EPP in which the individual is enrolled. In accordance with T.C.A. § 49-5-5604, courses required as part of the clinical practice shall be considered part of the clinical practice.

In reviewing the clinical practice permit application for approval, the Commissioner may consider, but is not limited to, the following:

(i) The individual’s postsecondary coursework; and (ii) The individual’s progress toward obtaining a Tennessee educator license.

In accordance with T.C.A. § 49-5-106, the Commissioner may issue a clinical practice permit to teach a course in which an end-of-course examination is required to satisfy the graduation requirements established by the State Board if the individual demonstrates sufficient content knowledge in the course material by taking and passing, at the teacher’s own expense, all specialty area content assessments.
The Commissioner shall not grant an individual a clinical practice permit to teach a special education course in accordance with Federal and state law.

(e) If an individual indicates an affirmative answer on the personal affirmation section of the application for a clinical practice permit, the individual shall show cause as to why the permit should be issued despite the individual’s affirmative answers. The permit application of any individual who indicates an affirmative answer on the personal affirmation section of the application shall be sent to the State Board for review in accordance with State Board Rule 0520-02-03-.09 for a determination of whether the permit may be issued by the Commissioner.

(f) An individual who teaches under a clinical practice permit issued pursuant to this Rule satisfies the clinical practice required pursuant to T.C.A. § 49-5-5604 and State Board

Rule 0520-02-04-.10 if:

The individual is assigned to, and receives guidance, evaluations, and instructions from a clinical mentor who meets criteria set forth in State Board

Rule 0520-02-04-.10 and Educator Preparation Policy 5.504 for school-based clinical mentors, for an amount of time that is at least equal to the amount of time required for candidates of the EPP in which the individual is enrolled to meet the EPP’s clinical practice requirements;

The EPP clinical supervisor assigned to the individual evaluates the individual as having adequately met the same requirements that candidates of the EPP in which the individual is enrolled must meet to satisfy the clinical practice requirements of T.C.A. § 49-5-5604 and State Board Rule 0520-02-04-.10, including, but not limited to, teaching under a clinical practice permit in a course or endorsement area aligned to the specialty area for which the individual is being prepared; and 3. The individual teaches under a clinical practice permit for an amount of time that is at least equal to the amount of time required for candidates of the EPP in which the individual is enrolled to complete the clinical practice requirements of T.C.A. § 49-5-5604.

(g) For the purposes of this Rule “clinical practice” has the same meaning as State Board

Rule 0520-02-04-.02(5).

(h) Each clinical practice permit issued by the Commissioner shall be valid only until June 30 following the date of issuance.

(i) An individual may only be issued one (1) clinical practice permit. A clinical practice permit shall not be re-issued by the Commissioner.

(j) The clinical practice permit issued to an unlicensed individual is only valid for the school and LEA identified in the clinical practice permit application submitted to the Department and shall not be used for any other purpose.

(k) If an individual teaching on a clinical practice permit issued by the Commissioner is reported to the State Board by a director of schools or director of a public charter school as described in State Board Rule 0520-02-03-.09 and the misconduct, if substantiated, would warrant disciplinary action under State Board Rule 0520-02-03- .09, the State Board may direct the Commissioner not to issue any subsequent permit to the individual upon expiration of the individual’s current clinical practice permit.

(l) If an individual has had a clinical practice permit application denied by the Commissioner pursuant to paragraph (2)(e) of this Rule or if the State Board has directed the Commissioner not to issue the individual any subsequent temporary permits pursuant to paragraph (2)(k) of this Rule, the individual must indicate such on any future application for an educator license or temporary permit in Tennessee.

History

Authority: T.C.A. §§ 49-1-302, 49-5-106, 49-5-108, and 49-5-403.
Administrative History: Original rule filed November 16, 1989; effective February 29, 1990. Repeal and new rule filed March 16, 1992; effective June 29, 1992. Amendment filed May 28, 1999; effective September 28, 1999. Repeal and new rules filed December 18, 2014; effective March 18, 2015. A stay of the rules was filed January 28, 2015; new effective date June 1, 2015. Emergency rules filed August 27, 2015; effective through February 23, 2016. Repeal filed October 27, 2015; effective January 25, 2016. New rules filed August 16, 2019; effective November 14, 2019. Amendments filed November 30, 2020; effective February 28, 2021. Amendments filed August 5, 2021; effective November 3, 2021. Amendments filed March 16, 2023; effective June 14, 2023. Emergency rule filed June 28, 2023; effective through December 25, 2023. Emergency rule expired effective December 26, 2023, and the rule reverted to its previous status. Amendments filed November 21, 2023; effective February 19, 2024. Amendments filed March 5, 2025; effective June 3, 2025. Emergency rules filed September 16, 2025; effective through March 15, 2026. Amendments filed December 11, 2025; effective March 11, 2026.

Tenn. Comp. R. & Regs. 0520-02-03-.13 REQUIREMENTS FOR THE LIMITED LICENSE

(1) Limited Academic License (a) The Department shall grant a Limited Academic License to a teacher to continue teaching the course or subject area taught pursuant to the teacher’s most recently issued permit if the applicant:

Was issued a valid third temporary teaching permit pursuant to T.C.A. § 49-5-106 and State Board Permits Rule 0520-02-03-.12 in the 2021-2022 school year or thereafter;
Earned a level of overall effectiveness score of “above expectations” or “significantly above expectations” on the teacher’s most recent evaluation pursuant to T.C.A. § 49-1-302;
Provides a recommendation from the director of schools or from the director of the public charter school, at which the teacher taught on a permit, recommending that the teacher receive a Limited Academic License with the endorsement(s) issued pursuant to the most recently issued permit; and 4. Agrees, in writing, to begin a pathway approved by the State Board for transitioning from a Limited Academic License to a practitioner teacher license.

(b) The Limited Academic License is valid for two (2) school years and is not renewable.

(d) To advance from the Limited Academic License to a practitioner teacher license, educators shall:

Submit a recommendation from a State Board-approved educator preparation program certifying that the educator has completed coursework focused on foundational pedagogical skills and foundational literacy skills in accordance with the Tennessee Literacy Success Act. A State Board-approved educator preparation provider shall not require an educator to complete more than six (6) credit hours to meet this requirement;
Receive support from a highly effective clinical mentor in accordance with the requirements for clinical mentors set forth in State Board Clinical Experiences

Rule 0520-02-04-.10; and 3. Submit qualifying scores on all required content assessments as defined in the State Board Professional Assessments for Tennessee Educators Policy 5.105.

(e) Once an educator is issued a practitioner teacher license, the educator shall meet requirements for renewal and/or advancement of the license as set forth in Rule 0520- 02-03-.03 of this Chapter.

(2) Limited Occupational Teaching License (a) The Department shall grant a Limited Occupational Teaching License to an applicant who meets the following requirements:

Receives a conditional offer of employment from the director of schools or director of the public charter school, as applicable;
Has a minimum of five (5) years of relevant work experience, completed within the last ten (10) years, or a minimum of three (3) years of relevant work experience, completed within the last five (5) years, in the area of endorsement or equivalent educational attainment; or holds an active industry license or credential, including one issued by another state, for the area of endorsement, if an industry license or credential is available;
Agrees, in writing, to complete training conducted by the LEA or public charter school, during the validity period for which the initial limited occupational teaching license is issued, in the subjects of classroom management, serving students with disabilities and English learners, and the teacher code of ethics; and 4. Receives support from a highly effective clinical mentor in accordance with the requirements for clinical mentors set forth in the State Board Clinical Experiences

Rule 0520-02-04-.10.

(b) The Limited Occupational Teaching License is valid for three (3) school years.

Completes LEA or public charter school training in the subjects of classroom management, serving students with disabilities and English learners, and the teacher code of ethics prior to the end of the validity period of the first (1st) issuance of the Limited Occupational Teaching License; and 2. Earns a level of overall effectiveness score of “above expectations” or “significantly above expectations” on the teacher’s most recent evaluation pursuant to T.C.A. § 49-1-302 for each of the first two (2) school years immediately following issuance of the individual’s license.

(d) To advance from the Limited Occupational Teaching License to the practitioner occupational license, an educator shall receive a recommendation from a State Boardapproved educator preparation program or a provider showing enrollment in, or completion of, a State Board-approved educator preparation program.

(e) Once an educator is issued a practitioner occupational teacher license, the educator shall meet requirements for renewal or advancement of the license as set forth in Rule

Tenn. Comp. R. & Regs. 0520-02-03-.14 EMERGENCY TEACHER LICENSE

(1) A Tennessee emergency teacher license may be issued to educators who hold a valid license from a state other than Tennessee and who were displaced under one (1) of the following circumstances:

(a) The Governor declares a state of emergency or declares a disaster under T.C.A. § 58- 2-107, and the Commissioner of Education determines the necessity of conferring an emergency teacher license to displaced persons, or (b) A federal state of emergency is declared anywhere in the United States, and the Commissioner of Education determines the necessity of conferring an emergency teacher license to displaced persons.

(2) An emergency teacher license shall only be valid for one (1) school year.

History

Authority: T.C.A. §§ 49-1-302, 49-5-108, and 49-5-403.
Administrative History: Repeal and new rules filed December 18, 2014; effective March 18, 2015. A stay of the rules was filed January 28, 2015; new effective date June 1, 2015. Emergency rules filed August 27, 2015; effective through February 23, 2016. Repeal filed October 27, 2015; effective January 25, 2016. New rules filed August 16, 2019; effective November 14, 2019. Amendments filed March 16, 2023; effective June 14, 2023.

Tenn. Comp. R. & Regs. 0520-02-03-.15 REPEALED

History

Authority: T.C.A. §§ 49-1-302, 49-5-106, and 49-6-1511; Executive Order No. 14 of 2020 (and applicable, subsequent Executive Orders addressing COVID-19 relief); and Public Chapter 652 of 2020.
Administrative History: Repeal and new rules filed December 18, 2014; effective March 18, 2015. A stay of the rules was filed January 28, 2015; new effective date June 1, 2015. Emergency rules filed August 27, 2015; effective through February 23, 2016. Repeal and new rules filed October 27, 2015; effective January 25, 2016. Emergency rules filed April 16, 2020; effective through October 13, 2020. New rule filed April 16, 2020; effective July 15, 2020. Emergency rule filed April 27, 2021; effective through October 24, 2021. Emergency rule expired effective October 25, 2021, and the rule reverted to its previous status. Repeal filed March 16, 2023; effective June 14, 2023.

Tenn. Comp. R. & Regs. 0520-02-03-.16 REPEALED

History

Authority: T.C.A. §§ 49-1-302, 49-5-108, and 49-5-106.
Administrative History: Repeal and new rules filed December 18, 2014; effective March 18, 2015. A stay of the rules was filed January 28, 2015; new effective date June 1, 2015. Emergency rules filed August 27, 2015; effective through February 23, 2016. Repeal filed October 27, 2015; effective January 25, 2016. Emergency rules filed August 1, 2022; effective through January 28, 2023. Emergency rules expired effective January 29, 2023, and the rules reverted to their previous statuses.

Tenn. Comp. R. & Regs. 0520-02-03-.17 THROUGH 0520-02-03-.20 REPEALED

History

Authority: T.C.A. § 49-1-302.
Administrative History: Repeal and new rules filed December 18, 2014; effective March 18, 2015. A stay of the rules was filed January 28, 2015; new effective date June 1, 2015. Emergency rules filed August 27, 2015; effective through February 23, 2016. Repeal filed October 27, 2015; effective January 25, 2016.

Tenn. Comp. R. & Regs. 0520-02-03-.21 REPEALED

History

Authority: T.C.A. § 49-1-302.
Administrative History: Original rule filed November 16, 1989; effective February 28, 1990. Amendment filed November 30, 1990; effective February 27, 1991. Repeal and new rule filed March 16, 1992; effective June 29, 1992. Amendment filed May 12, 1992; effective August 29, 1992. Amendment filed August 10, 1993; effective December 29, 1993. Amendment filed November 22, 1993; effective March 30, 1994. Amendment filed January 21, 1994; effective May 31, 1994. Amendment filed May 31, 1996; effective September 27, 1996. Amendment filed January 14, 1997; effective May 30, 1997. Amendment filed April 27, 1998; effective August 28, 1998. Amendment filed November 18, 1999; effective March 30, 1999. Amendments filed May 28, 1999; effective September 28, 1999. Amendment filed November 30, 1999; effective March 29, 2000. Amendment filled March 29, 2000; effective July 28, 2000. Amendment filed July 31, 2000; effective November 28, 2000. Amendment filed December 19, 2002; effective April 30, 2003. Amendment filed June 30, 2003; effective October 28, 2003. Repeal and new rule filed March 1, 2005; effective July 29, 2005. Repeal and new rule filed April 17, 2006; effective August 28, 2006. Amendment filed March 23, 2007; effective July 27, 2007. Amendment filed September 6, 2013; effective February 28, 2014. Repeal and new rules filed December 18, 2014; effective March 18, 2015. A stay of the rules was filed January 28, 2015; new effective date June 1, 2015. Emergency rules filed August 27, 2015; effective through February 23, 2016. Repeal filed October 27, 2015; effective January 25, 2016.

Tenn. Comp. R. & Regs. 0520-02-03-.22 THROUGH 0520-02-03-.94 REPEALED

History

Authority: T.C.A. § 49-1-302.
Administrative History: Repeal filed March 16, 1992; effective June 29, 1992. Amendment filed May 28, 1999; effective September 28, 1999. Repeal filed December 18, 2014; effective March 18, 2015. A stay of the rule was filed January 28, 2015; new effective date June 1, 2015. Emergency rules filed August 27, 2015; effective through February 23, 2016. Repeal filed October 27, 2015; effective January 25, 2016.

Chapter 0520-02-04 Educator Preparation

Tenn. Comp. R. & Regs. 0520-02-04-.01 SCOPE OF RULES

All educator preparation providers and the specialty area programs they offer must be approved by the State Board of Education (State Board). All educator preparation providers and specialty area programs currently approved as of January 8, 2019 under the State Board Educator Preparation Policy shall maintain their current approval status and shall be subject to all requirements under this Rule. All qualifying organizations or specialty area programs not currently approved by the State Board as of January 8, 2019 shall be considered for approval under this Rule.

History

Authority: T.C.A. §§ 49-1-302, 49-5-101, and 49-5-108.
Administrative History: Original rule filed March 16, 1992; effective June 29, 1992. Amendment filed May 12, 1992; effective August 29, 1992. Amendment filed June 29, 1993; effective September 28, 1993. Amendment filed August 10, 1993; effective December 29, 1993. Amendment filed November 3, 1993; effective March 30, 1994. Amendment filed October 11, 1995; effective February 28, 1996. Amendment filed April 29, 1996; effective August 28, 1996. Amendment filed November 18, 1998; effective March 30, 1999. Amendment filed May 28, 1999; effective September 28, 1999. Amendment filed November 30, 1999; effective March 29, 2000. Amendment filed April 28, 2000; effective August 28, 2000. Amendment filed April 30, 2001; effective August 28, 2001. Amendment filed January 26, 2004; effective May 28, 2004. Amendment filed June 30, 2005; effective October 28, 2005. Amendment filed December 28, 2005; effective April 28, 2006. Amendment filed July 31, 2008; effective November 28, 2008. Amendment filed September 23, 2008; effective January 28, 2009. Amendments filed April 30, 2009; effective August 28, 2009. Amendments filed December 19, 2012; effective May 31, 2013. Amendment filed June 18, 2013; effective November 28, 2013. Amendment filed July 23, 2014; effective October 20, 2014. Repeal and new rule 0520-02-04- .01 filed May 29, 2015; effective August 27, 2015. Amendment of rule 0520-02-04-.01(9)(a) filed May 29, 2015; effective August 27, 2015. On July 30, 2015, the State Board of Education filed a withdrawal of the rule 0520-02-04-.01(9)(a). Emergency rules filed January 28, 2019; effective through July 27, 2019. Amendments filed January 28, 2019; effective April 28, 2019.

Tenn. Comp. R. & Regs. 0520-02-04-.02 DEFINITIONS

(1) “Annual report” means detailed, candidate-level data for each Educator Preparation Provider (EPP) compiled each year. Annual reports provide evidence of EPP effectiveness and are used for ongoing approval.

(2) “Candidate” means an individual enrolled in an educator preparation program that has been approved by the State Board.

(3) “CMO” means a Charter Management Organization that is a non-profit entity that manages or operates two (2) or more public charter schools in Tennessee.

(4) “Clinical experiences” means guided, hands-on, practical applications and demonstrations of professional knowledge of theory to practice, skills, and dispositions through collaborative and facilitated learning in field-based assignments, tasks, activities, and assessments across a variety of settings.

(5) “Clinical practice” means student teaching, internship, or job embedded opportunities that provide candidates with sustained school-based responsibilities, assignments, tasks, and assessments that allow a candidate to demonstrate the professional knowledge, skills, and dispositions to be an effective educator.

(6) “Completer” means an individual who has completed the requirements of an educator preparation program that has been approved by the State Board.

(7) “Comprehensive review” means the review that each EPP must complete every seven (7) years in order to maintain state approval.

(8) “Conditional approval” means the provider or specialty area program has met preconditions and demonstrated alignment to all appropriate standards and expectations. The provider or specialty area program has not yet been reviewed for the purpose of obtaining full approval.

(9) “Department” means the Tennessee Department of Education.

(10) “Endorsement Area” means the subject and/or grade level for which a licensed educator is prepared to provide instruction, leadership, or services in schools or districts. When applying for licensure, each teacher candidate must meet requirements in at least one (1) area of endorsement.

(11) “EPP” means an Educator Preparation Provider responsible for managing, operating, or coordinating programs for the preparation and licensure of teachers and other school personnel that has been approved by the State Board.

(12) “ERO” means a Tennessee-based Education-Related Organization.

(13) “Focused review” means a review of an EPP that is triggered when an EPP does not meet one (1) or more standards during the comprehensive review.

(14) “Full approval” means the approval status of an EPP that has met the requirements for initial approval, been approved by the State Board, has participated in the annual review process each year, and has undergone a comprehensive review every seven (7) years.

(15) “IHE” means an Institution of Higher Education.

(16) “Initial approval” means the first step of approval for new EPPs. The initial approval period shall last for a minimum of three (3) years and a maximum of five (5) years.

(17) “Instructional Leader Preparation Program (ILPP)” means a program that is approved for the preparation of school leaders.

(18) “Interim review” means a review of an EPP or an individual SAP that is triggered by performance that is below expectations on the annual report for a minimum of two (2) consecutive years.

(19) “LEA” means a Tennessee Local Education Agency.

(20) “Primary partnership” means a partnership between an EPP and one (1) or more LEAs or CMOs in which both parties collaborate to establish an explicit process for identifying and responding to LEA- or CMO-identified areas of need, developing candidate selection criteria, and designing and implementing high-quality, needs-based clinical experiences.

(21) “Physical presence” means the entity has real estate and human capital within the boundaries of the state of Tennessee for the purpose of preparing educators.

(22) “SAP” means a Specialty Area Program that is a planned sequence of courses and experiences designed to provide educators with an additional, specific set of knowledge and skills or to expand and enhance an existing set of knowledge and skills.

(23) “State Board” means the Tennessee State Board of Education.

(24) “State-recognized partnership” means a partnership between an EPP and each LEA and/or CMO where enrolled candidates will complete any aspect of clinical experiences that has been submitted to the Department for recognition.

(25) “Stipulation” means findings that require an EPP to address identified deficiencies in order to meet standards and expectations.

(26) “Substantial change” means a variation from the original design that implements new requirements or expectations.

History

Authority: T.C.A. §§ 49-1-302, 49-5-101, and 49-5-108.
Administrative History: Original rule filed March 16, 1992; effective June 29, 1992. Amendment filed June 29, 1993; effective September 28, 1993. Amendment filed November 3, 1993; effective March 30, 1994. Amended by Public Chapter No. 957 Acts of 1994; effective May 10, 1994. (See Attorney General Opinion No. 094-080). Amendment filed January 31, 1995; effective May 31, 1995. Amendment filed May 28, 1999; effective September 28, 1999. Repeal and new rule filed April 17, 2006; effective August 28, 2006. Amendments filed April 30, 2009; effective August 28, 2009. However, notice of withdrawal of proposed amendment (2) filed August 3, 2009 and effective August 3, 2009 (to have been effective August 28, 2009). Repeal filed May 29, 2015; effective August 27, 2015. Emergency rules filed January 28, 2019; effective through July 27, 2019. Amendments filed January 28, 2019; effective April 28, 2019. Amendments filed October 25, 2023; effective January 23, 2024.

Tenn. Comp. R. & Regs. 0520-02-04-.03 ELIGIBLE EDUCATOR PREPARATION PROVIDERS

(1) Each EPP and SAP that leads to licensure shall be approved by the State Board.

(2) The following organizations are eligible to apply for State Board approval to serve as a Tennessee-approved EPP:

(a) A Southern Association of Colleges and Schools (SACS) accredited Tennessee-based Institution of Higher Education (IHE) authorized by the Tennessee Higher Education Commission (THEC);

(b) A Tennessee-based Education-Related Organization (ERO) with a physical presence in Tennessee;

(c) A Tennessee LEA or a consortium of Tennessee LEAs that have not received the lowest performance determination on the state’s accountability model pursuant to T.C.A. § 49-1-602 in either of the two (2) most recent school years where performance determinations on the state’s accountability model were available; or (d) Out-of-state providers that hold approval in a state other than Tennessee and that meet the following conditions:

Identified recruitment and placement goals as a component of the primary partnership and a goal of recommending at least ten (10) candidates for licensure in Tennessee per academic year. If at the point of review for full approval the provider has not met this goal, then the State Board may deny approval;
Demonstrated capacity to provide effective mentoring and supervision for all licensure candidates completing clinical experiences in Tennessee public or nonpublic schools;
Established selection criteria that meets or exceeds those minimum expectations established for Tennessee providers; and 4. The ability to clearly identify program candidates and completers as affiliated with Tennessee for all federal reporting requirements.

(3) Out-of-state providers that wish to operate in Tennessee without becoming a Tennesseeapproved EPP based on approval from a state other than Tennessee shall submit to the Department an out-of-state partnership agreement that includes at least one (1) LEA or CMO in Tennessee. If the partnership agreement meets the requirements of this Rule, these providers may implement a program approved in another state.

(4) Out-of-state providers are not eligible to become a Tennessee-approved provider for the preparation of instructional leaders.

History

Authority: T.C.A. §§ 49-1-302, 49-5-101, and 49-5-108; Executive Order No. 14 of 2020 (and applicable, subsequent Executive Orders addressing COVID-19 relief); and Public Chapter 652 of 2020.
Administrative History: Original rule filed March 16, 1992; effective June 29, 1992. Amendment filed January 31, 1995; effective May 31, 1995. Amendment filed April 27, 1998; effective August 28, 1998. Amendment filed May 28, 1999; effective September 28, 1999. Amendment filed April 28, 2000; effective August 28, 2000. Amendment filed July 31, 2000; effective November 28, 2000. Amendment filed August 31, 2001; effective December 28, 2001. Amendment filed October 31, 2002; effective February 28, 2003. Amendment filed May 19, 2005; effective September 28, 2005. Repeal and new rule filed April 17, 2006; effective August 28, 2006. Amendments filed April 30, 2009; effective August 28, 2009. Repeal filed May 29, 2015; effective August 27, 2015. Emergency rules filed January 28, 2019; effective through July 27, 2019. Amendments filed January 28, 2019; effective April 28, 2019. Emergency rules filed July 2, 2020; effective through December 29, 2020. Emergency rules expired effective December 30, 2020, and the rules reverted to their previous statuses. Amendments filed April 7, 2021; effective July 6, 2021. Amendments filed October 25, 2023; effective January 23, 2024.

Tenn. Comp. R. & Regs. 0520-02-04-.04 APPROVAL OF EDUCATOR PREPARATION PROVIDERS

(1) Eligible organizations that wish to offer educator preparation programs in Tennessee must complete a two (2)-step approval process:

(a) The entity must receive initial approval by the State Board to begin serving as an EPP; and (b) The EPP must undergo a comprehensive review to achieve full state approval to continue serving as an EPP within five (5) years of initial approval.

(2) Eligible organizations seeking initial approval as an EPP in order to prepare and recommend candidates for licensure shall participate in the initial approval process by submitting a proposal to the Department that contains, at a minimum, the following information:

(a) Evidence that the entity has the capacity to serve as an EPP and provide programs leading to licensure or endorsement;

(b) Evidence for how the EPP will address all applicable educator preparation standards approved by the State Board, including:

Content and pedagogical knowledge;
Clinical partnerships and practice;
Candidate quality, recruitment, and selectivity; and 4. Provider quality assurance and continuous improvement.

(d) Plan for curriculum offerings, including delivery method and timeframe, clinical placements, and clinical supervision plans;

(e) A proposal for each SAP that, at a minimum, includes alignment to Tennessee academic standards, candidate assessment, relevant clinical experience(s), the professional education standards approved by the State Board, all applicable literacy standards, and applicable specialty area standards approved by the State Board;

(f) Evidence that the faculty who teach courses or provide direct coaching to teacher or instructional leader candidates possess sufficient knowledge, skills, training, and expertise;

(g) A description of admissions procedures, including the criteria which must be met in order for a candidate to be fully admitted to the licensure program;

(h) Evidence of organizational and financial stability;

(i) Applicable provider characteristics, such as governance, control (private or public), regional or national accreditation agency, and THEC authorization; and (j) If the provider is currently operating or has operated in Tennessee or any other state, data on program effectiveness, including but not limited to completer effectiveness, quality of district partnerships, and performance on annual reports, if available.

(3) Proposals submitted for EPP initial approval shall be reviewed by the Department. After review of the proposal for initial approval, the Department shall recommend to the State Board one (1) of the following:

(a) Initial approval. If initial approval is awarded, providers may begin enrolling and subsequently recommending candidates for licensure in approved specialty areas; or (b) Denial of initial approval. If initial approval is denied, providers may not recommend candidates for licensure or identify programs as leading to licensure. Providers may submit a revised proposal for consideration during the next review period.

(4) EPPs shall not publicize programs as leading to licensure prior to receiving initial approval.

(5) All EPPs that receive initial approval shall submit annual report data to the Department.

(6) Initial approval shall expire upon an EPP receiving full approval through the state-managed full-approval review or after five (5) years, whichever occurs first. If an EPP with initial approval has not received full approval within five (5) years, approval shall be revoked, and the EPP may no longer enroll or recommend candidates for licensure.

(7) An EPP may seek full approval after three (3) years in operation under initial approval by requesting a state-managed full-approval review.

(8) Upon completion of the full-approval review, the Department shall recommend to the State Board one (1) of the following:

(a) Full approval. The EPP meets one (1) of the following statuses and may recommend candidates for licensure:

Exemplary status. The EPP exceeds expectations on a majority of the standards and meets expectations on all other standards.
Full approval. The EPP meets expectations on all standards.
Full approval, minor stipulations. The EPP meets expectations on all standards, but falls below expectations on one (1) or more components across multiple standards. The EPP shall submit to the Department a plan for addressing the areas in need of improvement within three (3) months of receiving full approval, minor stipulations. The Department shall annually review the EPP’s progress on the submitted plan for improvement. If the EPP has adequately addressed the areas in need of improvement, the Department may recommend to the State Board removal of the minor stipulations for the remainder of the approval period of the EPP. If, within a three (3)-year period, the Department determines the areas in need of improvement are not adequately addressed, the EPP may be required to participate in an interim review.

(b) Probationary approval, major stipulations. The EPP meets expectations on three (3) or more standards but falls below expectation on one (1) or more standard(s). An EPP that is issued probationary approval may recommend candidates for licensure but shall submit to the Department an improvement plan for addressing the areas in need of improvement within three (3) months of receiving probationary approval status from the State Board. Each year, the EPP shall present evidence that the provider is implementing the improvement plan and making progress toward meeting expectations. The EPP shall also participate in a focused review within three (3) years of receiving probationary approval from the State Board. The EPP shall not submit SAP proposals for conditional approval until the Department determines all deficiencies have been adequately addressed. The EPP shall specifically report on the progress made in each area of deficiency on their annual report for the three (3) years following the issuance of probationary approval.

EPPs that are denied approval shall no longer enroll new candidates for licensure and shall notify all current candidates of the denial of approval status of its program. Denied EPPs may continue to serve candidates who can complete the program by the end of the semester that falls twelve (12) months after the date of the denial of approval. The EPP shall assist candidates who are unable to complete the program within this period in transferring to another degree program at the institution or to another approved EPP.

The EPP may not re-apply for initial approval for at least three (3) years from the date of denial.

(9) The State Board has final authority on all provider and program decisions related to educator preparation.

History

Authority: T.C.A. §§ 49-1-302, 49-5-101, and 49-5-108.
Administrative History: Original rule filed March 16, 1992; effective June 29, 1992. Amendment filed May 28, 1999; effective September 28, 1999. Repeal filed May 29, 2015; effective August 27, 2015. Emergency rules filed January 28, 2019; effective through July 27, 2019. Amendments filed January 28, 2019; effective April 28, 2019. Amendments filed October 25, 2023; effective January 23, 2024. Amendments filed March 5, 2025; effective June 3, 2025.

Tenn. Comp. R. & Regs. 0520-02-04-.05 APPROVAL OF SPECIALTY AREA PROGRAMS

(1) An approved EPP that is seeking conditional approval of a new SAP or of an existing SAP that has undergone substantial revision shall submit a SAP proposal for administrative review to the Department that includes:

(a) A proposal for each SAP;

(b) Evidence of alignment to and integration of State Board approved applicable professional standards, applicable literacy standards, and applicable specialty area standards;

(c) Candidate assessment structure; and (d) Requirements for clinical experiences, including at least one (1) type of clinical practice.

(2) An approved EPP may seek approval of a SAP that leads to one (1) or more endorsements.

(3) After administrative review of the proposal, conditional SAP approval or denial of SAP approval shall be issued through Department notification. SAPs that are denied approval shall be provided an opportunity to resubmit the proposal to correct any identified deficiencies.

(4) After an SAP has received conditional approval, an EPP may enroll and subsequently recommend candidates for licensure in the approved specialty area. EPPs shall not advertise programs as leading to licensure prior to receiving conditional approval.

(5) After three (3) years of data is available for the conditionally approved SAP, it will be reviewed for full approval by the State Board during the EPP’s next comprehensive review.

(6) In order for an SAP to receive full approval, it must meet the requirements and expectations outlined in the comprehensive review.

(7) If the SAP does not meet the requirements and expectations for full approval, then approval for the SAP may be denied by the State Board. If full approval is denied, then the EPP may not advertise the program as leading to licensure.

(8) Failure by an EPP to request a program review for a new SAP or an SAP that has undergone substantial change may result in its candidates being ineligible for licensure or endorsement.

(9) EPPs that wish to offer an instructional leader prep program shall submit a proposal to the Department that demonstrates alignment to the instructional leader preparation standards.

(10) EPPs may only recommend initial licensure candidates for endorsements that are part of an approved SAP.

History

Authority: T.C.A. §§ 49-1-302, 49-5-101, 49-5-108, and 49-5-5605.
Administrative History: Original rule filed March 16, 1992; effective June 29, 1992. Amendment filed September 1, 1992; effective December 29, 1992. Amendment filed January 29, 1993; effective April 30, 1993. Amendment filed January 31, 1995; effective May 31, 1995. Amendment filed March 14, 1995; effective July 28, 1995. Amendment filed October 11, 1995; effective February 28, 1996. Amendment filed January 14, 1997; effective May 30, 1997. Amendment filed April 27, 1998; effective August 28, 1998. Amendment filed November 18, 1998; effective March 30, 1999. Amendment filed May 28, 1999; effective September 28, 1999. Amendment filed November 30, 1999; effective March 29, 2000. Amendment filed October 31, 2000; effective February 28, 2000. Amendment filed October 31, 2000; effective February 28, 2001. Amendment filed August 31, 2001; effective December 28, 2001. Amendment filed March 28, 2002; effective July 29, 2002. Amendment filed October 31, 2002; effective February 28, 2003. Amendment filed January 26, 2004; effective May 28, 2004. Amendment filed March 1, 2005; effective July 29, 2005. Amendment filed December 28, 2005; effective April 28, 2006. Amendment filed April 30, 2009; effective August 28, 2009. Amendment filed February 24, 2010; effective July 29, 2010. Repeal filed May 29, 2015; effective August 27, 2015. Emergency rules filed January 28, 2019; effective through July 27, 2019. Amendments filed January 28, 2019; effective April 28, 2019.

Tenn. Comp. R. & Regs. 0520-02-04-.06 PROGRAM REQUIREMENTS

(1) EPPs shall ensure that all programs that lead to licensure adequately address educator preparation standards, the professional education standards, all applicable literacy standards, and all applicable specialty area standards.

(2) EPPs shall ensure completers are prepared to deliver or lead instruction that enables students to master the Tennessee Academic Standards. Programs shall ensure that candidates master the content covered in the areas for which they are prepared to teach.

EPPs shall align course work, clinical experiences, and candidate assessment systems to appropriate standards for each specialty area.

(3) All EPPs shall require that candidates demonstrate content knowledge in the specialty area program.

(4) EPPs shall provide training to support candidates’ readiness to deliver or lead instruction informed by Response to Instruction and Intervention Framework (RTI²). Teacher candidates not seeking endorsement in Special Education shall be prepared to deliver instruction and intervention at the Tier I and II levels.

(5) EPPs shall provide training to support candidates’ understanding of the state-approved educator evaluation framework.

(6) EPPs shall provide candidates training on the teacher code of ethics outlined in T.C.A. §§ 49- 5-1001 through 49-5-1005 and the National Association of State Directors of Teacher Education and Certification’s (NASDTEC) Model Code of Ethics for Educators.

(7) Pursuant to T.C.A. § 49-5-513, EPPs shall provide candidates with instruction on what is constitutionally permissible with teaching religious content and strategies for dealing with religious content in curriculum that are educationally sound, fair, neutral, and objective.

History

Authority: T.C.A. §§ 49-1-302, 49-5-101, and 49-5-108.
Administrative History: Original rule filed March 16, 1992; effective June 29, 1992. Amendment filed May 12, 1992; effective August 29, 1992. Repeal filed May 29, 2015; effective August 27, 2015. Emergency rules filed January 28, 2019; effective through July 27, 2019. Amendments filed January 28, 2019; effective April 28, 2019.

Tenn. Comp. R. & Regs. 0520-02-04-.07 PROVIDER AND PROGRAM REVIEWS AND ANNUAL REPORTS

(1) In order to maintain full state approval, EPPs shall participate in a comprehensive review every seven (7) years. EPPs may elect to pursue ongoing full state approval through a statemanaged comprehensive review or a comprehensive review managed by an educator preparation accrediting agency recognized by the Council for Higher Education Accreditation (CHEA) and the State Board.

(2) Each comprehensive review, either state-managed or managed by an educator preparation accrediting agency recognized by CHEA and the State Board, shall include, at a minimum, the following components:

(a) Prior to an EPP’s comprehensive review, the Department shall evaluate data from the EPP’s three (3) most recent annual reports.

(b) EPPs shall submit evidence demonstrating alignment to the educator preparation provider standards, the professional education standards, all applicable literacy standards, and all applicable specialty area standards approved by the State Board.

(c) A trained comprehensive review team shall be appointed for each EPP undergoing comprehensive review and shall be responsible for, at a minimum:

Reviewing all required evidence submitted by the EPP that demonstrates high quality implementation of:

(i) Content and pedagogical knowledge;

(ii) Clinical partnerships and practice;

(iii) Candidate quality, recruitment, and selectivity;

(iv) Program impact; and (v) Provider quality assurance and continuous improvement;

Reviewing annual report data for the EPP from the applicable review cycle;
Conducting an on-site visit; and 4. Recommending an approval status to the Department.

(d) An Advisory Committee on Educator Preparation (ACEP) shall be appointed to review the recommendation of the review team and shall provide a preliminary recommendation for approval status to the Department.

(3) Following each comprehensive review, the Department shall recommend to the State Board one (1) of the following:

(a) Full approval. The EPP meets expectations on one (1) of the following statuses and may recommend candidates for licensure:

Full approval, exemplary status. The EPP exceeds expectations on a majority of the standards and meets expectations on all other standards and components.
Full approval. The EPP meets expectations on all standards.
Full approval, minor stipulations. The EPP meets expectations on all standards, but falls below expectations on one (1) or more components across multiple standards. The EPP must submit to the Department a plan for addressing the areas in need of improvement within three (3) months of receiving full approval, minor stipulations. The Department shall annually review the EPP’s progress on the submitted plan for improvement. If the EPP has adequately addressed the areas in need of improvement the Department may recommend to the State Board removal of the minor stipulations for the remainder of the approval period of the EPP. If within a three (3)-year period the Department determines the areas in need of improvement are not adequately addressed, then the EPP may be required to participate in an interim review.

The EPP may not re-apply for conditional approval for at least three (3) years from the date of denial.

(4) The Department shall manage an interim review process for EPPs or individual SAPs that have been identified as performing below expectations on the annual report for a minimum of two (2) consecutive years at any point. The Department may manage an interim review process for EPPs with initial approval that perform below expectations as reported on the annual report at any point during the initial approval period. Following an interim review, the Department may make a recommendation for approval status change, including denial of approval, to the State Board.

(5) The Department shall manage a focused review process for EPPs or individual SAPs that receive probationary approval based on the comprehensive review. The Department shall appoint a review team responsible for reviewing the EPP’s progress on implementation of the required improvement plan. As a result of a focused review, the Department may make an approval status change recommendation, including denial of approval, to the State Board.

(6) If an EPP refuses to participate in any required review, the Department may make a recommendation for approval status change, including denial of approval, to the State Board.

(7) EPPs shall annually submit to the Department the following:

(a) Any substantial changes to the approved EPP or SAP(s), including changes to accreditation status, parent organization, primary partnerships, the requirements for selection, structure of the program of study, clinical requirements, or candidate assessment systems;

(b) Contact information, including primary contact information and verification of the designated head of the EPP and approved certification or licensure officers; and (c) Progress reports addressing any stipulations, including all required focused or interim reviews, identified in the most recent comprehensive review, if applicable.

(8) Each EPP shall annually verify or submit all information identified by the Department for inclusion in an annual report. Annual reports provide evidence of performance of the provider and SAP or clusters of SAPs and shall include, at a minimum, the following:

(a) Metrics related to recruitment and selection of candidates, such as selectivity characteristics;

(b) Goals related to the recruitment and program retention of candidates from underrepresented demographics including race, ethnicity, and sex;

(d) Completer and job-embedded candidate retention in Tennessee public schools following initial employment;

(e) Results from a program completer satisfaction survey;

(f) Results from an employer satisfaction survey administered to all primary partner LEAs and/or CMOs and any LEA or CMO employing more than twenty-five percent (25%) of the program completer cohort;

(g) Completer outcomes including, but not limited to, program completion rates and pass rates on required licensure assessments;

(h) Job-embedded candidate outcomes, if applicable, including but not limited to pass rates on required licensure assessments; and (i) Completer and job-embedded candidate impact as measured by components of an approved Tennessee educator evaluation model including, but not limited to, overall levels of effectiveness, observation scores, and individual growth scores.

(9) EPPs with approved instructional leader preparation programs shall annually verify or submit all information identified by the Department for inclusion in the annual report. The Department shall, at a minimum, include the following ILPP metrics in the annual report:

(a) Metrics related to recruitment and selection;

(b) Information on employment and retention, including the percentage of completers employed in a qualifying instructional leadership position and the percentage of completers retained in a qualifying instructional leadership position after initial employment as a leader;

(d) Results from an employer satisfaction survey administered to all primary partner LEAs and/or CMOs;

(e) Completer outcomes including, but not limited to, program completion rates and pass rates on required licensure assessments; and (f) Completer impact as measured by components of an approved Tennessee educator evaluation model.

History

Authority: T.C.A. §§ 49-1-302, 49-5-101, 49-5-108, and 49-5-5619 and Public Chapter No. 535 - Education Improvement Act.
Administrative History: Original rule filed March 16, 1992; effective June 29, 1992. Amendment filed May 12, 1992; effective August 29, 1992. Amendment filed January 29, 1993; effective April 30, 1993. Amendment filed November 22, 1993; effective March 30, 1994. Expired rules edited by Secretary of State in October 1996. Amendment filed May 28, 1999; effective September 28, 1999. Amendment filed February 20, 2008; effective June 27, 2008. Repeal filed May 29, 2015; effective August 27, 2015. Emergency rules filed January 28, 2019; effective through July 27, 2019. Amendments filed January 28, 2019; effective April 28, 2019. Amendments filed August 19, 2022; effective November 17, 2022. Amendments filed October 25, 2023; effective January 23, 2024.

Tenn. Comp. R. & Regs. 0520-02-04-.08 ADMISSION TO EDUCATOR PREPARATION PROGRAMS

(1) Candidates for admission to a baccalaureate-level educator preparation program shall, at a minimum, meet the following criteria:

(a) A minimum postsecondary grade point average (GPA) of 2.75 at the time of admission to the EPP;

(b) A qualifying score on the Praxis Core, ACT or SAT assessment defined in the State Board’s Educator Preparation Policy; and (c) Supply a fingerprint sample and submit to a criminal history records check to be conducted by the Tennessee Bureau of Investigation (TBI) and the Federal Bureau of Investigation (FBI) in accordance with T.C.A. § 49-5-5610.

(2) Candidates for admission to a post-baccalaureate educator preparation program shall, at a minimum, meet the following criteria:

(a) Evidence of a bachelor’s degree or higher from a regionally or nationally accredited college or university recognized by the Council for Higher Education Accreditation (CHEA) or the United States Department of Education (USDOE);

(b) A minimum overall GPA of 2.75 from a completed baccalaureate or post-baccalaureate degree program or a GPA of 3.00 in the most recent sixty (60) credit hours earned at a regionally or nationally accredited college or university recognized by the Council for Higher Education Accreditation (CHEA) or the United States Department of Education (USDOE);

(c) Supply a fingerprint sample and submit to a criminal history records check to be conducted by the Tennessee Bureau of Investigation (TBI) and the Federal Bureau of Investigation (FBI) in accordance with T.C.A. § 49-5-5610; and (d) For admission to programs that include job-embedded clinical practice, a degree with a major in the specialty area or qualifying scores on the required content assessment defined in the State Board’s Professional Assessments for Tennessee Educators Policy.

(3) Candidates for admission to an ILPP shall, at a minimum, meet the following criteria:

(a) Have successfully completed an educator preparation program and hold a valid teacher license from Tennessee or from a state other than Tennessee;

(b) Have at least two (2) years of qualifying education experience as defined by the Department;

(c) Have demonstrated effectiveness as an educator in the most recent two (2) years as evidenced by a state-approved evaluation model or similar measure for educators employed in schools that do not utilize a state-approved evaluation model;

(d) Have demonstrated leadership potential in accordance with guidelines developed by the Department; and (e) Be recommended by an LEA and participate in an interview conducted by a program admissions committee.

(4) EPPs may establish additional or more rigorous admission requirements than the state minimum requirements, provided they are in compliance with all state and federal laws, rules, and regulations.

(5) To admit candidates on appeal, EPPs must submit an admissions appeal procedure process to the Department for approval. If the Department denies an admissions appeal procedure process, the EPP shall not admit candidates on appeal. Each EPP with an approved admission appeal procedure shall report to the Department the names, academic qualifications, and basis on which candidates were admitted on appeals each year.

(6) Each EPP shall report to the Department each candidate admitted to the educator preparation program and identify each candidate admitted on appeal.

History

Authority: T.C.A. §§ 49-1-302, 49-5-101, and 49-5-108.
Administrative History: Original rule filed March 16, 1992; effective June 29, 1992. Expired rules edited by Secretary of State in October 1996. Repeal filed May 29, 2015; effective August 27, 2015. Emergency rules filed January 28, 2019; effective through July 27, 2019. Amendments filed January 28, 2019; effective April 28, 2019. Amendments filed March 5, 2025; effective June 3, 2025.

Tenn. Comp. R. & Regs. 0520-02-04-.09 PARTNERSHIPS

(1) All EPPs shall have a partnership with each LEA and/or CMO where enrolled candidates are placed for clinical experiences.

(2) Each Tennessee-based EPP shall have at least one (1) primary partnership with an LEA or CMO in which both parties collaborate to establish an explicit process for identifying and responding to LEA- or CMO-identified areas of need, developing candidate selection criteria, and designing and implementing high-quality, needs-based clinical experiences. The primary partnership shall also establish the roles and responsibilities of EPP faculty and LEA or CMO staff, including clinical mentors and supervisors and establish clear expectations regarding the delivery of candidate support and evaluation.

(3) Tennessee-based EPPs that meet the following requirements may request to establish a primary partnership with an alternate entity that oversees or manages two (2) or more schools in Tennessee:

(a) The most recent completer cohort has ten (10) or fewer educators employed in a Tennessee public school; and (b) The EPP provides a description of how the partnership will comply with the requirements of paragraph (2).

(4) All EPPs shall establish state-recognized partnerships with LEAs and/or CMOs with which they do not have a primary partnership, but where enrolled candidates are placed for clinical experiences. State-recognized partnerships, at a minimum, shall establish the roles and responsibilities of EPP faculty and LEA or CMO staff, including clinical mentors and supervisors and establish clear expectations regarding the delivery of candidate support and evaluation.

(5) Out-of-state and online EPPs that place candidates in Tennessee LEAs and/or CMOs for clinical experiences shall have formal state-recognized partnership agreements with the LEAs or CMOs hosting their candidates. This includes placement of candidates who are employed as teachers-of-record while completing preparation programs through the job embedded clinical practice option. Out-of-state and online EPPs must submit LEA and/or CMO partnership agreements to the Department in order to receive partnership recognition from the state.

(6) Pursuant to T.C.A. § 49-5-5631, all full-time faculty members, including academic deans or executive leaders, in a Tennessee approved EPP, who are involved in the preparation of teachers, shall further their professional development through direct personal involvement in a public school or LEA on an annual basis. Each primary partnership agreement shall detail the faculty involvement. Direct faculty involvement shall include at least one (1) of the following activities:

(a) Professional learning targeted to or led by pre-K through grade twelve (pre-K–12) educators;

(b) Professional learning focused on local education agency-specific educational initiatives;

(d) Curriculum development;

(e) District level strategic partnerships; or (f) Direct observation of pre-K through grade twelve (pre-K–12) classrooms.

History

Authority: T.C.A. §§ 49-1-202, 49-1-302, 49-1-302(15), 49-1-302(16), 49-5-101, and 49-5-108 and Public Chapter No. 535 - Education Improvement Act.
Administrative History: Original rule filed March 16, 1992; effective June 29, 1992. Amendment filed May 12, 1992; effective August 29, 1992. Expired rules edited by Secretary of State in October 1996. Amendment filed May 28, 1999; effective September 28, 1999. Amendments filed September 6, 2007; effective January 28, 2008. Amendment filed February 20, 2008; effective June 27, 2008. Amendment filed October 20, 2009; effective March 31, 2010. Repeal filed May 29, 2015; effective August 27, 2015. Emergency rules filed January 28, 2019; effective through July 27, 2019. Amendments filed January 28, 2019; effective April 28, 2019. Amendments filed October 25, 2023; effective January 23, 2024.

Tenn. Comp. R. & Regs. 0520-02-04-.10 CLINICAL EXPERIENCES

(1) Each EPP shall provide candidates with clinical experiences. EPPs shall design these experiences to provide candidates with opportunities to build and demonstrate content knowledge, pedagogical knowledge, and pedagogical content knowledge. These experiences shall reflect the breadth of the grade span and the depth of the content reflected by the specialty area(s) in which the candidate is being prepared.

(2) Each candidate shall complete field experiences and at least one (1) clinical practice in order to successfully complete an educator preparation program.

(3) EPPs shall ensure candidates complete a clinical practice in the appropriate licensure and endorsement area.

(4) Field experiences shall provide early and ongoing practice opportunities to apply content and pedagogical knowledge in settings reflective of the specialty area(s) in which the candidate is being prepared.

(5) EPPs shall develop requirements for completion of clinical practice and outline the causes and procedures by which the clinical practice can be terminated. Candidates who do not successfully complete clinical practice shall not be recommended for licensure.

(6) Prior to participating in a clinical practice, post-baccalaureate program candidates shall receive training on the professional education standards.

(7) Clinical practice sites may include Tennessee public schools, including public charter schools and Tennessee state special schools, or Category 1, 2, or 3 non-public schools. Category 4 and 5 schools shall not be used as placement sites. These categories are defined in State Board Rule 0520-07-02. If extraordinary circumstances arise that prevent a candidate from completing the clinical experience in Tennessee, the EPP may request permission for the candidate to complete the clinical practice in another state. Information of candidates who complete the clinical practice outside of Tennessee shall be included as part of the comprehensive review process.

(8) EPPs shall ensure all candidates participating in a clinical practice have a school-based clinical mentor.

(9) Educators who serve as a school-based clinical mentor in a public school setting shall, at a minimum:

(a) Hold an active Tennessee license with an endorsement in the area or a closely related area where they will be supervising the candidate;

(b) Have a level of overall effectiveness of above expectations or significantly above expectations for the prior school year; and (c) Have a minimum of three (3) years of experience as a teacher, school services personnel, or instructional leader, as applicable.

(10) Clinical mentors shall be selected jointly by the EPP and the partner LEA and/or CMO.

(11) Clinical mentors shall, in cooperation with the EPP clinical supervisor, direct the activities of the candidate in the classroom.

(12) EPPs shall coordinate with LEAs and/or CMOs to ensure clinical mentors are provided release time for counseling, observation, evaluation, or other activities related to the clinical practice that occur during the school day.

(13) Beginning on July 1, 2026, clinical mentors and supervisors shall formally observe candidates a minimum of four (4) times during clinical practice, as defined in Educator Preparation Policy 5.504. Mentors and supervisors shall use an observation tool selected by the EPP and approved for use in the Educator Evaluation Policy 5.201. If the EPP does not select an observation tool approved for use in the Educator Evaluation Policy 5.201, the observation tool shall be reviewed and approved for use by the Department.

History

Authority: T.C.A. §§ 49-1-302, 49-5-101, and 49-5-108.
Administrative History: Original rule filed March 16, 1992; effective June 29, 1992. Expired rules edited by Secretary of State in October 1996. Amendment filed May 28, 1999; effective September 28, 1999. Amendment filed April 28, 2000; effective August 28, 2000. Repeal filed May 29, 2015; effective August 27, 2015. Emergency rules filed January 28, 2019; effective through July 27, 2019. Amendments filed January 28, 2019; effective April 28, 2019. Amendments filed May 27, 2021; effective August 25, 2021. Amendments filed October 25, 2023; effective January 23, 2024. Amendments filed March 5, 2025; effective June 3, 2025.

Tenn. Comp. R. & Regs. 0520-02-04-.11 REPEALED

History

Authority: T.C.A. § 49-1-302, Executive Order No. 14 of 2020 (and applicable, subsequent Executive Orders addressing COVID-19 relief), and Public Chapter 652 of 2020.
Administrative History: Repeal filed May 29, 2015; effective August 27, 2015. Emergency rules filed April 16, 2020; effective through October 13, 2020. Emergency rules expired effective October 14, 2020, and the rules reverted to their previous statuses.

Tenn. Comp. R. & Regs. 0520-02-04-.12 REPEALED

History

Authority: T.C.A. §§ 49-1-302 and 49-5-108.
Administrative History: Original rule filed March 16, 1992; effective June 29, 1992. Amendment filed November 22, 1993; effective March 30, 1994. Expired rules edited by Secretary of State in October 1996. Amendment filed May 28, 1999; effective September 28, 1999. Amendment filed December 31, 2001; effective April 30, 2002. Amendments filed May 19, 2005; effective September 28, 2005. Repeal filed May 29, 2015; effective August 27, 2015.

Tenn. Comp. R. & Regs. 0520-02-04-.13 REPEALED

History

Authority: T.C.A. §§ 49-1-302 and 49-5-108.
Administrative History: Original rule filed March 16, 1992; effective June 29, 1992. Amendment filed January 21, 1994; effective May 31, 1994. Amendment filed April 27, 1998; effective August 28, 1998. Amendment filed May 28, 1999; effective September 28, 1999. Amendment filed June 11, 2007; effective October 25, 2007. Amendment filed January 20, 2012; effective June 30, 2012. Amendments filed February 6, 2013; effective July 29, 2013. Amendments filed September 6, 2013; effective February 28, 2014. Amendments filed May 8, 2014; effective October 29, 2014. Repeal filed May 29, 2015; effective August 27, 2015.

Tenn. Comp. R. & Regs. 0520-02-04-.14 REPEALED

History

Authority: T.C.A. § 49-1-302.
Administrative History: Original rule filed March 16, 1992; effective June 29, 1992. Amendment filed June 24, 1992; effective September 28, 1992. Amendment filed June 29, 1993; effective September 28, 1993. Amendment filed January 21, 1994; effective May 31, 1994. Amendment filed April 27, 1998; effective August 28, 1998. Amendment filed May 28, 1999; effective September 28, 1999. Amendment filed January 26, 2004; effective May 28, 2004. Amendment filed June 11, 2007; effective October 25, 2007. Amendment filed March 24, 2014; effective August 29, 2014. Withdrawal of the March 24, 2014 amendment filed July 10, 2014 by the State Board of Education. Repeal filed May 29, 2015; effective August 27, 2015.

Tenn. Comp. R. & Regs. 0520-02-04-.15 REPEALED

History

Authority: T.C.A. §§ 49-1-302 and 49-5-108.
Administrative History: Original rule filed November 3, 1993; effective March 30, 1994. Amendment filed May 28, 1999; effective September 28, 1999. Repeal filed May 29, 2015; effective August 27, 2015.

Chapter 0520-02-05 Occupational Educator Scholarship Program

Tenn. Comp. R. & Regs. 0520-02-05-.01 PURPOSE

The purpose of these rules is to effectuate the Occupational Educator Scholarship Program (“the Program”) as required by T.C.A. § 49-11-102. The program provides a scholarship for prospective educators seeking a Tennessee occupational teaching license.

History

Authority: T.C.A. §§ 49-1-302 and 49-11-102.
Administrative History: Original rules filed March 26, 2020; effective June 24, 2020.

Tenn. Comp. R. & Regs. 0520-02-05-.02 DEFINITIONS

(1) “Department” means the Tennessee Department of Education.

(2) “Distressed Rural County” means any county that qualifies as an “eligible county” under T.C.A . § 67-6-104(b)(3)(B).

(3) “EPP” means a Tennessee educator preparation provider that is approved by the State Board of Education for the preparation of educators.

(4) “Full-Time Teaching Service” means a minimum of fifty percent (50%) of the Recipient’s weekly workload is devoted to teaching, exclusive of administrative, teaching assistance, after-school programs, counseling, or other assigned duties.

(5) “Good Standing” means a satisfactory standard of progress toward completion of an educator preparation program as defined by the EPP the Recipient attends.

(6) “Occupational Teacher License” means an Occupational Teacher License, as defined by

Chapter 0520-02-03, that meets the qualifications to teach occupational career and technical education courses in a Tennessee public school.

(7) “Prospective Educator” means an individual seeking a Tennessee Occupational Teacher License and enrolled in an eligible educator preparation program.

(8) “Recipient” means an individual Prospective Educator who is selected to receive the occupational educator scholarship award based upon the fulfillment of specific eligibility criteria and in accordance with the terms outlined under this Chapter.

(9) “Rural Community” means any community located outside of a major urban or suburban area, as defined by the Tennessee Department of Economic and Community Development.

(10) “Tuition and Mandatory Fees” means those fees required for the enrollment or attendance of a student at an eligible institution that are charged to all students, and shall not include fees charged for books, supplies, or other fees, even if such fees are considered necessary for enrollment.

History

Authority: T.C.A. §§ 49-1-302 and 49-11-102.
Administrative History: Original rules filed March 26, 2020; effective June 24, 2020. Amendments filed September 20, 2023; effective December 19, 2023.

Tenn. Comp. R. & Regs. 0520-02-05-.03 ELIGIBILITY

(1) In order to be eligible for an occupational educator scholarship, the Prospective Educator must:

(a) Be a Tennessee resident for one (1) year immediately preceding the date of application for a scholarship;

(b) Submit to the Department an application for an occupational educator scholarship;

(d) Agree to teach occupational career and technical education courses in a Tennessee public school for a minimum of three (3) consecutive academic years; and (e) Enter into a written agreement with the state of Tennessee in which the Prospective Educator agrees to repay the scholarship to the state of Tennessee according to a repayment schedule if the Prospective Educator does not fulfill the three (3) consecutive academic years of teaching required under (d), unless it is impossible for the Prospective Educator to fulfill the requirements of (d) because of the Prospective Educator’s death or permanent disability under the standards established by T.C.A. Title 8, Chapter 36,

Part 5, for determining disability for members of the Tennessee Consolidated Retirement System.

History

Authority: T.C.A. §§ 49-1-302 and 49-11-102.
Administrative History: Original rules filed March 26, 2020; effective June 24, 2020. Amendments filed September 20, 2023; effective December 19, 2023. Amendments filed September 11, 2024; effective December 10, 2024.

Tenn. Comp. R. & Regs. 0520-02-05-.04 APPLICATION AND SELECTION

(1) To be eligible to receive an occupational educator scholarship, eligible individuals must submit an application to the Department that includes:

(a) Verification of enrollment in an EPP;

(b) Verification of employment in a Tennessee public school or a letter of intent to hire from a Tennessee director of schools or public charter school leader; and (c) A signed statement of intent to teach at least three (3) years in a Tennessee public school in an occupational career and technical education course.

(2) Preference for the scholarship program shall be as follows:

(a) First priority shall be given to applicants from Rural Communities or applicants who are seeking employment in a Rural Community with additional priority for employment in a Distressed Rural County.

(b) Second priority shall be given to applicants seeking endorsement in occupational subject areas that are in demand as determined by the Department.

History

Authority: T.C.A. §§ 49-1-302 and 49-11-102.
Administrative History: Original rules filed March 26, 2020; effective June 24, 2020. Amendments filed September 20, 2023; effective December 19, 2023. Amendments filed September 11, 2024; effective December 10, 2024.

Tenn. Comp. R. & Regs. 0520-02-05-.05 TERMS OF THE SCHOLARSHIP

(1) Each Recipient of a scholarship under this Chapter shall remain in Good Standing with the EPP during the time of enrollment in order to continue to receive the scholarship.

(2) Each Recipient shall maintain an active and valid Occupational Teacher License for the required three (3) years of employment.

(3) A Recipient shall not accept any other financial assistance that carries with it a conflicting service obligation after graduation or program completion.

(4) The total amount of a scholarship shall not exceed the cost of Tuition and Mandatory Fees at the EPP where the Recipient is enrolled, less all other gift aid, which must be credited first to the eligible Prospective Educator’s Tuition and Mandatory Fees.

(5) Funds shall be disbursed by the Department directly to the EPP on behalf of the Recipient. No funds shall be disbursed directly to scholarship Recipients.

(6) The scholarship award may be transferred from one (1) EPP to another provided the transfer is approved by the Department.

(7) Repayment.

(a) If the Recipient is determined to have received the scholarship based on inaccurate application information, the full amount of the scholarship received shall become due immediately to the state of Tennessee.

(b) The scholarship must be repaid should the Recipient fail to complete the EPP or fail to honor the terms and conditions of the scholarship agreement. Repayment for Recipients shall begin on the first day of the month following notification to the Recipient from the EPP of failure to complete the EPP program or notification of failure to honor the terms and conditions of the scholarship agreement.

(c) For each consecutive academic year of Full-Time Teaching Service the Recipient completes prior to any default under the terms and conditions of the scholarship agreement, the Recipient shall receive a credit of twenty-five percent (25%) of the scholarship amount. This credit shall not begin until the Recipient completes the EPP for which the scholarship was provided.

(d) Repayment may be made in whole or in monthly installments over a period of not more than four (4) years from the date of notification to the Recipient of failure to complete the educator preparation program or notification of failure to honor the terms and conditions of the scholarship agreement.

(e) If a Recipient issues a check, draft, warrant, or electronic funds transfer which is subsequently returned to the state of Tennessee for reason of insufficient funds, a stop payment order by the issuer, or any other reason, it will be considered non-payment.

(f) A Recipient shall be delinquent if the Recipient fails to make an installment payment after thirty calendar (30) days of the due date. Upon delinquency, the Department shall send notice to the Recipient of the delinquency and inform the Recipient of the consequences of default.

(g) The Department shall consider a Recipient to be in default if the Recipient fails to make a payment for a period of two hundred seventy (270) consecutive calendar days. The Department will refer all defaulted accounts to the Office of the Attorney General for collection.

(h) If it becomes impossible for the Recipient to fulfill the requirements of 0520-02-05- .03(1)(d) above due to the Recipient’s death or permanent disability under the standards established by T.C.A. Title 8, Chapter 36, Part 5, for determining disability for members of the Tennessee Consolidated Retirement System, then the Recipient shall no longer be required to repay any remaining unpaid scholarship amounts currently due.

History

Authority: T.C.A. §§ 49-1-302 and 49-11-102.
Administrative History: Original rules filed March 26, 2020; effective June 24, 2020. Amendments filed September 20, 2023; effective December 19, 2023. Amendments filed September 11, 2024; effective December 10, 2024.

Chapter 0520-02-06 Employment Standards

Tenn. Comp. R. & Regs. 0520-02-06-.01 PURPOSE

(1) A teacher or principal shall hold a valid Tennessee teacher license with an endorsement covering the work assignment as provided in T.C.A. Title 49, Chapter 5.

(2) Employment standards identified in this rule outline the requirements for certain school and LEA level positions that educators may hold without holding a specific endorsement.

(3) The Department of Education may provide additional endorsement flexibility as appropriate.

History

Authority: T.C.A. §§ 49-1-302, 49-5-108, and 49-5-403.
Administrative History: Original rules filed August 20, 2020; effective November 18, 2020. Amendments filed September 9, 2024; effective December 8, 2024.

Tenn. Comp. R. & Regs. 0520-02-06-.02 EMPLOYMENT STANDARDS FOR TEACHERS

(1) A teacher with a professional license may teach Algebra I at any grade level if they have:

(a) An endorsement to teach at least through grade eight (8);

(b) A passing score on the middle school math PRAXIS or Pearson NES middle grades and early secondary assessment; and (c) Successful completion of a state-approved training or a passing score on a supplemental test in the content area approved for this purpose by the Department of Education.

(2) Gifted Education.

(a) A general education or special education teacher providing direct instruction to a student identified as intellectually gifted, in accordance with the student’s individualized education program (IEP), shall meet the following employment standards:

Hold a valid Tennessee teaching license with an endorsement in a general education area or special education area; and 2. Meet one (1) of the following criteria:

(i) Hold an endorsement in gifted education;

(ii) Provide gifted services under the supervision of a gifted consulting teacher that meets the requirements of this rule;

(iii) Complete a minimum of six (6) semester hours in gifted coursework from a State Board approved educator preparation program or from an educator preparation program approved by a state other than Tennessee; or (iv) Complete a gifted education training program recognized by the Department of Education.

(b) Individuals serving as a consulting teacher in gifted education are responsible, either through direct instruction or supervision, for implementation of IEPs for gifted students.

All consulting teachers in gifted education shall hold a valid Tennessee teaching license with an endorsement in gifted education.

(c) Individuals serving as a gifted education coordinator in special or general education shall meet one (1) of the following employment standards:

Hold a valid Tennessee teaching license with an endorsement in gifted education;
Hold a valid Tennessee teaching license and complete six (6) semester hours in gifted education from a State Board approved educator preparation program or from an educator preparation program approved by a state other than Tennessee; or 3. Hold a valid Tennessee Instructional Leader License.

(d) Individuals serving as a gifted education coordinator in special or general education shall not serve as a consulting teacher in gifted education unless they meet the requirements of a consulting teacher in gifted education under this rule.

(3) Personal Finance.

(a) A teacher of personal finance shall hold a valid Tennessee teacher license and shall meet one (1) of the following requirements:

Complete a minimum of fourteen (14) clock hours of training on use of the state adopted Personal Finance standards provided by:

(i) The Department of Education; or (ii) A Department of Education-approved organization or institution of higher education; or 2. Hold an active endorsement in Economics, Business, Marketing, or Family and Consumer Sciences.

(4) Year one (1) Career and Technical Education (CTE) courses in grades six (6) through nine (9).

(a) A teacher of year one (1) CTE courses shall hold a valid Tennessee teacher license with an endorsement to teach at least through grade eight (8) and shall meet the following requirements:

Successfully complete a Department-approved training with a minimum of seven (7) clock hours of training on the implementation of CTE standards; and 2. The CTE course is offered for students in grades six (6) through nine (9).

(5) End of Course (EOC)-assessed subjects.

(a) A teacher with a valid Tennessee teacher license may teach a course with an EOC assessment at any grade level if the educator:

Demonstrates sufficient content knowledge in the course material by taking and passing, at the teacher's own expense, the relevant content-area assessment listed in State Board Policy 5.105 Professional Assessments for Tennessee Educators in accordance with T.C.A. § 49-6-6006.

History

Authority: T.C.A. §§ 49-1-302, 49-5-108, 49-5-403, and 49-6-6006.
Administrative History: Original rules filed August 20, 2020; effective November 18, 2020. Amendments filed September 9, 2024; effective December 8, 2024.

Tenn. Comp. R. & Regs. 0520-02-06-.03 EMPLOYMENT STANDARDS FOR SUPERVISORS

(1) Supervisors of Instruction. A supervisor of instruction shall:

(a) Hold a valid Tennessee Instructional Leader License or professional administrator license; or (b) Hold an advanced degree and a valid Tennessee teacher license with endorsement in the area for which they will be an instructional supervisor.

(2) Special Education Supervisors. A supervisor of special education shall:

(a) Hold a valid Tennessee Instructional Leader License or professional administrator license and shall have three (3) years of experience with programs for children with disabilities; or (b) Hold an advanced degree and a valid Tennessee teacher license with endorsement in at least one (1) area of special education and shall have three (3) years of experience with programs for children with disabilities.

(3) Career and Technical Education (CTE) Directors. A CTE director shall:

(a) Hold an instructional leader license or a professional administrator license; or (b) Hold a bachelor’s degree with a major in career and technical education with:

At least three (3) years of teaching experience in an approved CTE program; and 2. At least two (2) years in an industry-related field.

(4) School Nutrition Program Directors.

(a) School nutrition program directors hired on or after July 1, 2015, shall complete at least eight (8) hours of food safety training either not more than five (5) years prior to the employee’s start date or within thirty (30) days of the employee’s start date and shall meet the following criteria:

School nutrition program directors employed by local education agencies (LEAs) with a student enrollment of 500 to 2,499 must meet one (1) of the following criteria:

(i) Bachelor’s degree or equivalent educational experience with academic major in food and nutrition, food service management, dietetics, family and consumer sciences, nutrition education, culinary arts, business, or a related field;

(ii) Bachelor’s degree in any academic major and a School Nutrition Association Level 3 Certificate in School Nutrition;

(iii) A valid Tennessee teacher license with a school food service supervisor endorsement or a food production and management services endorsement;

(iv) Bachelor’s degree in any academic major and at least one (1) year of relevant school nutrition experience;

(v) Associate’s degree or equivalent educational experience, with academic major in food and nutrition, food service management, dietetics, family and consumer sciences, nutrition education, culinary arts, business, or a related field and at least one (1) year of relevant school nutrition programs experience; or (vi) High school diploma, or high school equivalency credential approved by the State Board, and at least three (3) years of relevant experience in school nutrition programs.

School nutrition program directors employed by LEAs with a student enrollment of 2,500 to 9,999 must meet one (1) of the following criteria:

(ii) Bachelor’s degree in any academic major and a School Nutrition Association Level 3 Certificate in School Nutrition;

(iii) A valid Tennessee teacher license with a school food service supervisor endorsement or a food production and management services endorsement;

(iv) Bachelor’s degree in any academic major and at least two (2) years of relevant school nutrition experience; or (v) Associate’s degree or equivalent educational experience, with academic major in food and nutrition, food service management, dietetics, family and consumer sciences, nutrition education, culinary arts, business, or a related field and at least two (2) years of relevant school nutrition programs experience.

School nutrition program directors employed by LEAs with a student enrollment of more than 10,000 must meet one (1) of the following criteria:

(ii) Bachelor’s degree in any academic major and a School Nutrition Association Level 3 Certificate in School Nutrition;

(iii) A valid Tennessee teacher license with a school food service supervisor endorsement or a food production and management services endorsement; or (iv) Bachelor’s degree in any academic major and at least five (5) years of experience in management of school nutrition programs.

History

Authority: T.C.A. §§ 49-1-302, 49-5-108, and 49-5-403.
Administrative History: Original rules filed August 20, 2020; effective November 18, 2020. Amendments filed November 30, 2023; effective February 28, 2024.

Tenn. Comp. R. & Regs. 0520-02-06-.04 EMPLOYMENT STANDARDS FOR ADDITIONAL SUPPORT PERSONNEL

(1) Educational Assistants. Educational assistants shall, at a minimum, have a high school diploma, or a high school equivalency credential approved by the State Board, and shall show demonstrable proficiency in reading and writing skills.

(a) Educational assistants who have completed one (1) or more years of college shall be given preference in employment.

(b) Educational assistants shall only be employed in non-teaching positions and shall be subject to direct supervision of licensed teachers when directly involved in the instructional program.

(c) If a licensed teacher to whom an educational assistant has been assigned is required to be absent from the classroom, the educational assistant may assume responsibility for the classroom in lieu of a substitute teacher. However, no educational assistant shall assume responsibility for the classroom for more than three (3) consecutive school days.

(2) Educational Interpreters. All individuals employed by LEAs or charter schools to provide educational interpreting for students who are deaf, deaf-blind, or hard of hearing must hold a valid Tennessee School Services Personnel license with the appropriate endorsement or must meet the following employment standards:

(a) All non-licensed educational interpreters employed by an LEA or charter school prior to January 1, 2021, shall satisfy the following requirements by January 1, 2021:

Obtain a passing score on the written portion of the Educational Interpreter Performance Assessment (EIPA); and 2. Obtain a minimum score of 3.0 on the performance assessment portion of the EIPA.

(b) All non-licensed educational interpreters employed by an LEA or charter school on January 1, 2021 or after, shall satisfy the following requirements:

Hold at a minimum an associate’s degree;
Obtain a passing score on the written portion of the EIPA; and 3. Obtain a minimum score of 3.0 on the performance assessment portion of the EIPA.

(c) Compensation of non-licensed individuals providing educational interpreting shall be determined by the LEA or charter school and shall take into consideration the level of preparation, training, and work requirements.

History

Authority: T.C.A. §§ 49-1-302, 49-2-203, 49-2-301, 49-5-108, 49-5-111, 49-5-412, and 49-6-6006.
Administrative History: Original rules filed August 20, 2020; effective November 18, 2020. Amendments filed December 2, 2021; effective March 2, 2022. Amendments filed November 30, 2023; effective February 28, 2024.

Chapter 0520-02-07 LEA Teacher Training Programs

Tenn. Comp. R. & Regs. 0520-02-07-.01 PURPOSE

(1) The purpose of this rule is to effectuate T.C.A. § 49-5-108(d) that requires the State Board of Education to approve a process for an LEA, or for two (2) or more LEAs working together, to establish an LEA teacher training program for the purpose of recommending Eligible Educators for additional endorsements.

History

Authority: T.C.A. § 49-5-108 and Public Chapter 571 of 2021.
Administrative History: New rules filed March 1, 2022; effective May 30, 2022.

Tenn. Comp. R. & Regs. 0520-02-07-.02 DEFINITIONS

(1) “Department” means the Tennessee Department of Education.

(2) “Eligible Educator” means an educator who holds an active Tennessee professional-level teacher license with at least one (1) academic Endorsement Area in accordance with State Board Educator Licensure Rules Chapter 0520-02-03.

(3) “Endorsement Area” has the same definition as used in State Board Educator Preparation Rule

Tenn. Comp. R. & Regs. 0520-02-07-.03 LEA REQUIREMENTS FOR INITIAL APPROVAL

(1) LEA teacher training programs may be formed by one (1) LEA or by two (2) or more LEAs working together, provided, that at the time of application and initial approval, none of the applicant LEAs have received the lowest performance designation on the state’s LEA accountability system in either of the last two (2) years in which designations were assigned.

(2) The LEA or LEAs seeking to establish an LEA teacher training program may partner with an Educator Preparation Provider (EPP) that is operating under State Board approval or that has a Department-recognized EPP partnership agreement with an LEA.

May, 2022 2 (3) Proposals submitted for initial approval as an LEA teacher training program shall be reviewed by the Department.

(4) To be considered for initial approval, LEA teacher training programs shall submit a proposal to the Department that contains, at minimum, evidence of the following:

(a) Evidence of Program Capacity.

A designated program supervisor for the LEA, as appointed by the Director of Schools;
Adequate staffing for each course the LEA teacher training program seeks to offer to prepare educators for the Endorsement Area(s), including evidence that the faculty or staff who teach courses or provide direct coaching to Eligible Educators possess sufficient knowledge, skills, training, and expertise; and 3. A requirement for each Eligible Educator participating in the program to receive ongoing support, coaching, and feedback from a mentor teacher during the time the educator is enrolled in the LEA teacher training program. The mentor teacher shall:

(i) Hold an active Tennessee educator license with an endorsement in the area or a closely related area to the one (1) in which the Eligible Educator is seeking endorsement;

(ii) Have a level of overall effectiveness of above expectations or significantly above expectations on the mentor teacher’s most recent evaluation; and (iii) Have a minimum of three (3) years of experience as a teacher.

(b) Evidence of Alignment to Specialty Area Program Standards.

Program structure and method(s) of delivery;
Alignment to the standards of the applicable sections of the Literacy and Specialty Area Program Standards Policy 5.106 for the Endorsement Area(s) the LEA teacher training program seeks to offer;
Opportunities for Eligible Educators to demonstrate application of the standards through field experience; and 4. Opportunities for Eligible Educators to demonstrate understanding of the standards through benchmark assessments throughout the LEA teacher training program.

(5) The Department shall review all proposals for initial approval of an LEA teacher training program or approval of a new SAP and provide feedback within ninety (90) calendar days of receipt of the completed proposal.

(a) Within the ninety (90) calendar day review, the Department may request additional information or revisions to a proposal.

(b) Applicants shall respond to requests for additional information or revisions within fortyfive (45) calendar days.

May, 2022 3 (c) The Department may provide an additional opportunity for applicants to respond to a request for minor revisions.

(d) No more than sixty (60) days following the submission of required revisions to the proposal, the Department shall notify an applicant of its recommendation or decision, as outlined in paragraphs (6) or (7) below, as applicable.

(6) After review of the proposal for initial approval of an LEA teacher training program, the Department shall recommend to the State Board one (1) of the following:

(a) Initial approval. If initial approval is awarded, LEA teacher training programs may begin enrolling and subsequently recommending Eligible Educators for endorsement in approved Specialty Area Programs; or (b) Denial of initial approval. If initial approval is denied, LEA teacher training programs shall not recommend educators for endorsements or identify the program as leading to endorsement. LEA teacher training programs may submit a revised proposal for consideration to the Department during the next review period established by the Department.

(7) After administrative review of proposals for new SAPs, approval or denial shall be issued through Department notification. SAPs that are denied approval shall be provided an opportunity to resubmit the proposal to the Department to correct any identified deficiencies.

(8) Applicants shall not publicize LEA teacher training programs or SAPs as leading to endorsement prior to receiving initial approval.

(9) Applicants that receive initial approval from the State Board to operate an LEA teacher training program may begin enrolling Eligible Educators and subsequently recommending Eligible Educators for endorsement.

(10) The initial approval period shall last for a minimum of three (3) years and a maximum of five (5) years. An LEA teacher training program may seek full approval after three (3) years in operation under initial approval by requesting a full approval review from the Department. Initial approval expires after five (5) years or upon the LEA teacher training program earning full approval from the State Board.

History

Authority: T.C.A. § 49-5-108 and Public Chapter 571 of 2021.
Administrative History: New rules filed March 1, 2022; effective May 30, 2022.

Tenn. Comp. R. & Regs. 0520-02-07-.04 LEA REQUIREMENTS FOR MAINTAINING FULL APPROVAL

(1) In order to receive full approval, LEA teacher training programs with initial approval must undergo a full approval review by the Department by the timeline set forth in section 0520-02- 07-.03 of this Chapter. In order to maintain full state approval, LEA teacher training programs shall participate in a full approval review every seven (7) years.

(2) Each full approval review shall be conducted by the Department and shall include, at a minimum, the following components:

(a) LEA teacher training programs shall submit evidence demonstrating alignment to the standards established in section 0520-02-07-.03 of this chapter, the applicable professional education standards, and State Board Literacy and Specialty Area Program Standards Policy 5.106.

May, 2022 4 (b) LEA teacher training programs shall verify records of the Eligible Educators prepared in each approved Endorsement Area since the previous review.

(c) LEA teacher training programs shall submit evaluation records, which may include observation data, student growth data, or overall level of effectiveness (LOE), of Eligible Educators who earned additional endorsements through the LEA teacher training program and taught in the Endorsement Area earned.

(d) The Department shall compile and review data on the extent to which Eligible Educators prepared in the LEA teacher training program pass the required licensure assessments for their Endorsement Area(s).

(3) The Department shall be responsible for, at a minimum:

(a) Developing a full approval rubric for evaluating LEA teacher training programs;

(b) Reviewing all required evidence submitted by the LEA teacher training program;

(c) Reviewing data regarding educator outcomes on licensure assessments and LOE scores; and (d) Recommending an approval status to the State Board.

(4) Following each full approval review, the Department shall recommend to the State Board one (1) of the following:

(a) Full approval. The LEA teacher training program meets expectations for approval on the Department full approval rubric.

(b) Denial of approval. The LEA teacher training program falls below expectations on the Department full approval rubric. LEA teacher training programs that are denied approval are prohibited from enrolling new educators for Endorsement Areas and shall notify all currently participating Eligible Educators of the denial of approval status of its program.

Denied LEA teacher training programs may continue to serve Eligible Educators who can complete the program within twelve (12) months of the denial of approval. The LEA teacher training program shall not re-apply for initial approval for at least three (3) years from the date of denial.

(5) If an LEA teacher training program refuses to participate in any required review, the Department may make a recommendation for approval status change, including denial of approval, to the State Board.

(6) LEA teacher training programs shall annually submit to the Department the following:

(a) Any substantial changes to the approved LEA teacher training program or SAP(s); and (b) Contact information, including primary contact information and verification of the designated supervisor of the LEA teacher training program.

(7) Each LEA teacher training program shall annually verify or submit all information identified by the Department for inclusion in annual reports to the State Board. The annual reports to the State Board shall include evidence of performance of the LEA teacher training program and shall include, at a minimum, the following:

(a) Participating Eligible Educators’ outcomes including, but not limited to, program completion rates and pass rates on required licensure assessments; and May, 2022 5 (b) Participating educators’ classroom impact as measured by components of an approved Tennessee educator evaluation model including, but not limited to, overall levels of effectiveness, observation scores, and individual growth scores.

(c) All reports shall maintain confidentiality for individual educators and be aggregated at the LEA teacher training program and/or SAP level.

History

Authority: T.C.A. § 49-5-108 and Public Chapter 571 of 2021.
Administrative History: New rules filed March 1, 2022; effective May 30, 2022.

Tenn. Comp. R. & Regs. 0520-02-07-.05 REQUIREMENTS FOR EDUCATORS

(1) To enroll in an approved LEA teacher training program, Eligible Educators shall:

(a) Hold, at time of enrollment in the LEA teacher training program, an active, professionallevel, Tennessee teacher license with at least one (1) academic Endorsement Area issued in accordance with State Board Rules Chapter 0520-02-03; and (b) Be employed full-time by an LEA that is operating the State Board-approved LEA teacher training program in which the educator seeks enrollment.

(2) To obtain the additional Endorsement Area(s), Eligible Educators shall:

(a) Hold, at the time of application to the Department for the additional Endorsement Area(s), an active, professional-level Tennessee teacher license with at least one (1) academic Endorsement Area issued in accordance with State Board Rules Chapter 0520-02-03;

(b) Submit a recommendation from the LEA by which they are employed and were trained for the additional Endorsement Area(s); and (c) Submit proof of passing scores on the specialty area assessment(s) required by the State Board Professional Assessments Policy 5.105.

(3) Enrollment in an LEA teacher training program is at the discretion of the Eligible Educator.

History

Authority: T.C.A. § 49-5-108 and Public Chapter 571 of 2021.
Administrative History: New rules filed March 1, 2022; effective May 30, 2022.

Tenn. Comp. R. & Regs. 0520-02-04-.02 .

(4) “LEA” means a Tennessee Local Education Agency and has the same meaning given in T.C.A. § 49-1-103(2).

(5) “State Board” means the Tennessee State Board of Education.

(6) “Specialty Area Program” or “SAP” has the same definition as used in State Board Educator Preparation Rule 0520-02-04-.02.

History

Authority: T.C.A. § 49-5-108 and Public Chapter 571 of 2021.
Administrative History: New rules filed March 1, 2022; effective May 30, 2022.

Chapter 0520-03-01 Repealed

Tenn. Comp. R. & Regs. 0520-03-01 Repealed

RULES

OF TENNESSEE DEPARTMENT OF EDUCATION

STATE BOARD OF EDUCATION STATE BOARD FOR VOCATIONAL EDUCATION –

VOCATIONAL EDUCATION

Chapter 0520-04-01 Employees of the State Special Schools

Tenn. Comp. R. & Regs. 0520-04-01-.01 TENURED TEACHERS

(1) Tenure Rights. Teachers in the state special schools shall obtain tenure in the same manner and shall have the same rights of due process regarding employment actions as teachers in other public schools, pursuant to T.C.A. Title 49, Chapter 5.

(2) Definitions. Because the State Board of Education has authority over the state special schools, the following definitions also apply to teachers in the state special schools:

(a) “Teacher" shall not include the chief administrative officer of such school.

(b) "Board" shall mean the State Board of Education.

(3) Suspension Pending Investigation. The superintendent may suspend any teacher pending investigation of the charges and subject to the final approval of the State Board of Education, or the Commissioner of Education acting under delegated authority from the board. In the event that the suspension is not sustained by the board or the commissioner, the employee will be entitled to full salary during the period of suspension.

(4) Hearings. Any teacher who has received notice of charges supporting dismissal or suspension pursuant to T.C.A. Title 49, Chapter 5, may, within thirty (30) days after receipt of notice reflecting action of the Commissioner of Education, demand a hearing before the State Board of Education. Such hearing shall be conducted as a contested case under the Tennessee Uniform Administrative Procedures Act, T.C.A. §4-5-301, et seq.

History

Authority: T.C.A. §§ 49-1423 through 1425, 49-5-515, 49-1-302, 49-10-701, 49-10-801 and 49-10-901.
Administrative History: Original rule certified June 10, 1974. Amendment filed August 20, 1984; effective November 13, 1984. Amendment filed November 22, 1988; effective February 28, 1989. Amendment filed October 31, 1989; effective December 15, 1989. Repeal and new rule filed July 24, 2009; effective December 29, 2009.

Tenn. Comp. R. & Regs. 0520-04-01-.02 EMPLOYEE GRIEVANCES - DEFINITIONS

Employees of the state special schools, as state employees, have the same rights and procedural protections afforded other state employees, pursuant to Rules of the State Department of Human Resources 1120-11. Except as otherwise noted below, Rule 1120-11 shall govern grievances by employees of the state special schools. The following specific definitions apply to employee grievances in the state special schools:

(1) "Appellant" means an employee who is affected by an adverse job action and seeks a remedy as set out in the procedures below.

(2) "Board" shall mean the State Board of Education.

(3) "Commissioner" means the Commissioner of Education.

(4) "Demotion" means a reduction in job classification coupled with a reduction in pay exceeding one (1) step on the former pay schedule.

(5) "Department" means the State Department of Education.

(6) "Employee" means any person in the employment of the state special schools who has completed the mandatory probationary period, including licensed/certificated employees, but does not include interim, emergency, temporary, and part-time employees. For the purposes of this rule, "employee" shall not include licensed/certificated employees suspended or served with charges that will result in a hearing pursuant to the Rules, Regulations, and Minimum Standards of the State Board of Education, Chapter 0520-04-01-.01.

(7) "Executive Director" means Executive Director of the State Board of Education.

(8) “Interim, emergency, temporary, and part-time employees" are defined as follows:

(a) "Interim employee" is a person appointed to a position for a period not to exceed one (1) year.

(b) "Emergency employee" is a person appointed to a position for a period not to exceed one hundred and twenty (120) days, when necessity makes it impractical or impossible to fill the position through standard appointment procedures.

(d) "Part-time employee" is a person appointed to work a schedule which generally entails working less than one thousand six hundred (1600) hours for a twelve (12) month school year and one thousand three hundred (1300) hours for a ten (10) month school year.

(9) "Superintendent" means the person, of whatever title, acting as the chief administrative officer of each state special school.

History

Authority: T.C.A. §§ 49-1423 through 1425, 49-5-501, 49-5-515, 49-1-302, 49-10-701, 49-10-801 and 49-10-901.
Administrative History: Original rule certified June 10, 1974. Amendment filed August 20, 1984; effective November 13, 1984. Amendment filed November 22, 1988; effective February 28, 1989. Amendment filed October 31, 1989; effective December 15, 1989. Repeal and new rule filed July 24, 2009; effective December 29, 2009.

Tenn. Comp. R. & Regs. 0520-04-01-.03 GRIEVANCES - RESPONSIBILITY

(1) The State Board of Education will be responsible for providing and maintaining the basic standards and guidelines for the rules.

(2) The Commissioner of Education, acting under delegated authority from the State Board of Education, will be responsible for the proper effectuation of these rules throughout the state special schools. Modification of these procedures may be made in order to satisfy unusual circumstances within the state special schools if such modification is approved by the board.

(3) The commissioner will be responsible for ensuring that all employees and supervisory personnel are aware of the provisions of these rules.

History

Authority: T.C.A. §§ 49-1423 through 1425, 49-5-503, 49-5-515, 49-1-302, 49-10-701, 49-10-801 and 49-10-901.
Administrative History: Original rule certified June 10, 1974. Amendment filed August 20, 1984; effective November 13, 1984. Amendment filed November 22, 1988; effective February 28, 1989. Amendment filed October 31, 1989; effective December 15, 1989. Repeal and new rule filed July 24, 2009; effective December 29, 2009.

Tenn. Comp. R. & Regs. 0520-04-01-.04 GRIEVANCES – BASIC STANDARDS

(1) An appeal must be filed with the Commissioner of Education within thirty (30) calendar days after receiving notification of the superintendent's decision on the adverse job action.

Otherwise, the appeal will be considered untimely and invalid.

(2) A standard appeal in the form of a signed letter from the appellant shall be submitted to the Commissioner of Education. The letter shall state, with particularity, the grounds for the appeal.

(3) Appellants, if they so desire, may be assisted or represented by another employee of the same school at each step of the appeals procedure.

(4) Legal counsel or other outside counsel may only represent an appellant before a hearing conducted under the provisions of the Uniform Administrative Procedures Act, which is the final step of this procedure. The appellant and the State Department of Education may have counsel present at discussions prior to the final step, but only to advise and observe and not to participate as advocate.

(5) Appellants may present appeals during business hours or other mutually agreeable hours as work situations may require. An appeal heard during an appellant's, witness', assistant's, or representative's scheduled off-duty hours will be considered overtime work, provided the person is still actively employed by the state special schools. Appellant, employees who appear with the appellant, State Department of Education employees, and employees who are subpoenaed as witnesses will not be required to use leave for such periods.

(6) Appeals relative to suspension without pay must first be taken to the lowest step in the appeals procedure with authority to overturn, reduce, or alter the action.

(7) Appeals relative to dismissal may be taken directly to the commissioner or his designated representative for this purpose.

(8) Appeals concerning alleged discrimination, prohibited by T.C.A. § 4-21-401, and in connection with race, creed, color, religion, sex, national origin, age, or handicap, may be appealed informally to the superintendent. The grounds for such appeals may also be grounds for filing charges with the Tennessee Human Rights' Commission at any time. If the employee is not satisfied with the superintendent's decision, the appeal may be taken directly to the commissioner or his designated representative. If the appellant is unsatisfied with the decision of the commissioner or that of his designated representative, the appellant may appeal directly to the Tennessee Human Rights Commission which is empowered by T.C.A. § 4-21-202 to investigate such matters.

(9) Appeals decisions, with specific reasons for the decision, must be communicated in writing directly to the appellant in a timely manner as outlined below. Certified mail, return receipt requested, is mandatory if a decision is mailed.

(10) Appeals must be expressed in reasonable terms. Each appeal submitted should contain: (a) the basis for appeal; (b) the settlement or corrective action desired by the appellant; and, (c) sufficient supporting information to begin an investigation.

(11) Appeals of Career Ladder evaluations must be pursued according to the provisions set out in T.C.A. § 49-5-5009. No Career Ladder appeal may be pursued under the provisions of these rules.

History

Authority: T.C.A. §§ 49-1423 through 1425, 49-5-515, 49-1-302, 49-10-701, 49-10-801 and 49-10-901.
Administrative History: Original rule certified June 10, 1974. Amendment filed August 20, 1984; effective November 13, 1984. Amendment filed November 22, 1988; effective February 28, 1989. Amendment filed October 31, 1989; effective December 15, 1989. Repeal and new rule filed July 24, 2009; effective December 29, 2009. Repeal and new rule filed July 24, 2009; effective December 29, 2009.

Tenn. Comp. R. & Regs. 0520-04-01-.05 GRIEVANCES - PROCEDURES

(1) Procedure shall not entail more than three (3) steps to finality as follows:

(a) Step 1 - Appellant's superintendent (formal)

Verbal discussion with superintendent within fifteen (15) workdays of cause;
Superintendent's investigation and fact finding; and, 3. Decision clearly communicated to appellant by the superintendent within five (5) workdays of the discussion.

(b) Step 2 - Appeal to the Commissioner of Education or his designee (formal)

Appellant prepares a letter requesting a hearing. The letter must be signed and is to state, with particularity, the basis of the appeal.
The commissioner or his designee conducts a hearing on the matter within fifteen (15) working days of the receipt of the appeal. The hearing will include a discussion of the facts, allegations of the parties, and proposals for relief.
Investigation, fact finding, and written decisions will be communicated to the appellant within ten (10) working days after the hearing.

Within thirty (30) working days of receipt of an adverse ruling from the Commissioner of Education or his designee, appellant may appeal the decision to the State Board of Education through the executive director.
The chairman shall set the matter for a contested case hearing either in the presence of the board or by an administrative law judge or hearing officer sitting alone, pursuant to T.C.A. § 4-5-301(c). The board's decision shall be concurred in by a majority of those present and voting at the meeting when the board issues it order.
Hearings conducted at Step 3 will conform to the model rules of the Secretary of State for contested cases and the State Board of Education hereby adopts Rule 1360-04-01 in statutory compliance.
The Executive Director of the State Board of Education shall notify the appellant, in writing within fifteen (15) working days of the board meeting, of the action of the board.
The hearing conducted pursuant to the provisions of the Uniform Administrative Procedures Act and outlined in Step 3 shall be the final step for all appeals for regular employees.

History

Authority: T.C.A. §§ 49-1423 through 1425, 49-5-503, 49-5-515, 49-1-302, 49-10-701, 49-10-801 and 49-10-901.
Administrative History: Original rule certified June 10, 1974. Amendment filed August 20, 1984; effective November 13, 1984. Amendment filed November 22, 1988; effective February 28, 1989. Amendment filed October 31, 1989; effective December 15, 1989. Repeal and new rule filed July 24, 2009; effective December 29, 2009.

Tenn. Comp. R. & Regs. 0520-04-01-.06 REPEALED

History

Authority: T.C.A. §§ 49-1423 through 1425, 49-5-503, 49-5-515, 49-1-302, 49-10-701, 49-10-801 and 49-10-901.
Administrative History: Original rule certified June 10, 1974. Amendment filed August 20, 1984; effective November 13, 1984. Amendment filed November 22, 1988; effective February 28, 1989. Amendment filed October 31, 1989; effective December 15, 1989. Repeal filed July 24, 2009; effective December 29, 2009.

Tenn. Comp. R. & Regs. 0520-04-01-.12 REPEALED

History

Authority: T.C.A. §§ 49-1423 through 1425, 49-5-503, 49-5-515, 49-1-302, 49-10-701, 49-10-801 and 49-10-901.
Administrative History: Original rule certified June 10, 1974. Amendment filed August 20, 1984; effective November 13, 1984. Amendment filed November 22, 1988; effective February 28, 1989. Amendment filed October 31, 1989; effective December 15, 1989. Repeal filed July 24, 2009; effective December 29, 2009.

Tenn. Comp. R. & Regs. 0520-04-01-.07 REPEALED

History

Authority: T.C.A. §§ 49-1423 through 1425, 49-5-503, 49-5-515, 49-1-302, 49-10-701, 49-10-801 and 49-10-901.
Administrative History: Original rule certified June 10, 1974. Amendment filed August 20, 1984; effective November 13, 1984. Amendment filed November 22, 1988; effective February 28, 1989. Amendment filed October 31, 1989; effective December 15, 1989. Repeal filed July 24, 2009; effective December 29, 2009.

Tenn. Comp. R. & Regs. 0520-04-01-.08 REPEALED

History

Authority: T.C.A. §§ 49-1423 through 1425, 49-5-503, 49-5-515, 49-1-302, 49-10-701, 49-10-801 and 49-10-901.
Administrative History: Original rule certified June 10, 1974. Amendment filed August 20, 1984; effective November 13, 1984. Amendment filed November 22, 1988; effective February 28, 1989. Amendment filed October 31, 1989; effective December 15, 1989. Repeal filed July 24, 2009; effective December 29, 2009.

Tenn. Comp. R. & Regs. 0520-04-01-.09 REPEALED

History

Authority: T.C.A. §§ 49-1423 through 1425, 49-5-503, 49-5-515, 49-1-302, 49-10-701, 49-10-801 and 49-10-901.
Administrative History: Original rule certified June 10, 1974. Amendment filed August 20, 1984; effective November 13, 1984. Amendment filed November 22, 1988; effective February 28, 1989. Amendment filed October 31, 1989; effective December 15, 1989. Repeal filed July 24, 2009; effective December 29, 2009.

Tenn. Comp. R. & Regs. 0520-04-01-.10 REPEALED

History

Authority: T.C.A. §§ 49-1423 through 1425, 49-5-503, 49-5-515, 49-1-302, 49-10-701, 49-10-801 and 49-10-901.
Administrative History: Original rule certified June 10, 1974. Amendment filed August 20, 1984; effective November 13, 1984. Amendment filed November 22, 1988; effective February 28, 1989. Amendment filed October 31, 1989; effective December 15, 1989. Repeal filed July 24, 2009; effective December 29, 2009.

Tenn. Comp. R. & Regs. 0520-04-01-.11 REPEALED

History

Authority: T.C.A. §§ 49-1423 through 1425, 49-5-503, 49-5-515, 49-1-302, 49-10-701, 49-10-801 and 49-10-901.
Administrative History: Original rule certified June 10, 1974. Amendment filed August 20, 1984; effective November 13, 1984. Amendment filed November 22, 1988; effective February 28, 1989. Amendment filed October 31, 1989; effective December 15, 1989. Repeal filed July 24, 2009; effective December 29, 2009.

Chapter 0520-04-02 Reductions in Force - State Special Schools

Tenn. Comp. R. & Regs. 0520-04-02-.01 POLICY

If for any reason it is determined that it is necessary to reduce the number of employees in the state special schools (i.e., the schools operated by the State Board of Education, or the State Department of Education acting under delegated authority from the board), the following are the approved policies and procedures for accomplishing such reduction in force:

(1)If the reduction in force is due to budgetary requirements the priority for selecting positions to be discontinued will be as follows:

(a)Administrative personnel (b)Non-teaching professionals (c)Clerical and support personnel (d)Teaching faculty (2)If the reduction in force is due to declining enrollment, the selection of positions to be discontinued shall cut across the total spectrum of employees with emphasis on the programs or services where the decline is the greatest.

(3)If the reduction in force is the result of a reorganization or curtailment of educational program motivated by a desire to provide a more efficient and effective school program, then the program(s) affected or eliminated will bear the reduction.

(4)In any case of a reduction in force, the selection of positions to be discontinued shall also be based on the following:

(a)Positions would be discontinued which would cause the least damage to the ongoing operation of the school.

(b)Positions would be discontinued based on the ability of the remaining staff to assume part or all of the duties of the discontinued positions.

(c)Priority of consideration would be given to the institution's ability to serve the maximum number of students with the best possible services to these students.

(d)Normally, a teacher with tenure will be retained in preference to a teacher without tenure except where such would seriously compromise an educational program or where certification and other considerations are controlling.

(5)Any person whose position is discontinued because of a reduction in force shall be given preference for any position in the state special schools that is to be filled during the current school year or the school year immediately following the termination, if such person meets the minimum requirements of the position.

(6)A teacher whose position is discontinued because of a reduction in force cannot claim or be transferred into a position currently being filled by a tenured teacher even though the teacher whose position is being discontinued meets the minimum qualifications of the position the teacher might desire to claim or into which the teacher might be transferred.

History

Authority: T.C.A. §§ 49—112, 49—1423, 49—1424, 49—1425, 49-2610, 49—1—302, 49—5—515, and 49—50— 1001.
Administrative History: Original rule filed September 30, 1980; effective November 14, 1980. Amendment filed August 20, 1984; effective November 13, 1984. Repeal and new rule filed October 18, 1988; effective January 29, 1989.

Tenn. Comp. R. & Regs. 0520-04-02-.02 PROCEDURES

Using the criteria established under Board policy on this subject, the procedures for selecting the positions to be discontinued in a reduction in force of a school are as follows:

(1)The administrative staff of the affected school will review the positions under the areas of management and recommend to the superintendent of the school positions in each administrative area that might be discontinued.

(2)The superintendent of the school will review with each administrative staff member making such recommendation the effect the recommendation would have on that administrator's area of management.

(3)The superintendent and the top administrative staff of the school will collectively review the total listing in order to develop the school's recommended list of positions to be discontinued.

(4)The superintendent of the school will review the school's recommended list with the appropriate member of the staff of the State Board of Education, or the State Department of Education acting under delegated authority from the board, in order to develop a final list of positions to be recommended to the board for discontinuance.

(5)As required under the tenure policies of the board, this final list shall be immediately reported to the board through its executive director. If the schools are being operated by the State Department of Education under delegated authority from the board, the Commissioner of Education shall forward the report to the executive director of the board for transmittal to the members of the board.

History

Authority: T.C.A. §§ 49—112, 49—1423, 49—1424, 49—1425, 49-2610, 49—1—302, 49—5—515, and 49—50— 1001.
Administrative History: Original rule filed September 30, 1980; effective November 14, 1980. Amendment filed August 20, 1984; effective November 13, 1984. Repeal and new rule filed October 18, 1988; effective January 29, 1989.

Tenn. Comp. R. & Regs. 0520-04-02-.03 NOTIFICATION – RIGHT TO HEARING

Every employee terminated under this policy shall be given written notification by the school's Superintendent of release without fault. Every teacher released under this policy shall be furnished a written statement of the reasons for the reduction in force, the manner in which the termination decision was reached, and the information upon which the termination decision was based. Upon request, any such teacher shall be granted a hearing before the State Board of Education, except that the Chairman of the State Board of Education may direct that the hearing be held by a hearing officer appointed pursuant to the Uniform Administrative Procedures Act. For purposes of this

section, the word "teacher" shall be as defined as found in T.C.A. 49-5-515(f), except that non-tenured teachers who are not being retained are not entitled to the notice, reasons, and hearing provisions of this section.

History

Authority: T.C.A. §§ 49—112, 49—1423, 49—1424, 49—1425, 49-2610, 49—1—302, 49—5—511, 49—5—515, and 49—50—1001.
Administrative History: Original rule filed September 30, 1980; effective November 14, 1980. Amendment filed August 20, 1984; effective November 13, 1984. Repeal and new rule filed October 18, 1988; effective January 29, 1989.

Tenn. Comp. R. & Regs. 0520-04-02-.04 CONDUCT OF HEARINGS

Any hearing conducted on a reduction in force shall be considered a contested case under the Uniform Administrative Procedures Act, except that the following conditions shall prevail. The request for a hearing shall be in writing and addressed to the Chairman of the State Board of Education and shall be made within ten days of the teacher's receipt of the notice required by this policy. The teacher shall specify the grounds which will support the contention that the decision was contrary to this policy or otherwise unlawful, and shall include a plain statement of facts that supports the contention. Opinions about the comparative wisdom of one course of action or another, judgements about personalities, and considerations as to which areas within a school should suffer reduction are not grounds to contest a decision, nor shall they be considered in any subsequent hearing under this section. At the hearing, the school shall first establish its need to effect a reduction in force, which shall not be subject to cross examination by the teacher. Thereupon, the teacher shall present listed contentions, limited to those grounds specified in the request for hearing and supported by such proof offered in support of the contention as establishes the contention unless it is rebutted. If it is determined by the State Board of Education or the hearing officer that the contention has not been so established, then the hearing shall be concluded at this point. If the hearing continues, the school shall present proof in rebuttal of the teacher's contention or in general support of the decision to terminate. Upon completion of all the proof, the State Board of Education (or the hearing officer) shall arrive at a decision (a recommended decision) based upon the evidence presented at the hearing. The burden shall be upon the teacher to prove by a preponderance of the evidence that the termination was contrary to this policy or otherwise unlawful. The decision (or recommended decision) shall be to sustain the termination or reinstate the teacher, and shall include findings of fact and conclusions of law; and the final decision shall be entered upon the minutes of the board. Reinstatement under this policy shall not preclude the subsequent transfer of the teacher pursuant to board policy, nor shall it preclude a further reduction in force affecting the teacher pursuant to this policy.

History

Authority: T.C.A. §§ 49—112, 49—1423, 49—1424, 49—1425, 49-2610, 49—1—302, 49—5—512, 49—5—515, and 49—50—1001.
Administrative History: Original rule filed September 30, 1980; effective November 14, 1980. Amendment filed January 19, 1983; effective April 18, 1983. Amendment filed August 20, 1984; effective November 13, 1984. Repeal and new rule filed October 18, 1988; effective January 29, 1989.

Chapter 0520-04-03 Administrative Rules - State Special Schools

Tenn. Comp. R. & Regs. 0520-04-03-.01 STANDARDS OF ELIGIBILITY FOR ADMISSION TO THE TENNESSEE SCHOOL

FOR THE BLIND.

(1) Students ages three (3) through twenty-one (21) who are residents of the state of Tennessee (Student) and who have a visual impairment, including either partial sight or blindness, even with correction, that adversely affects the student’s educational performance shall be eligible for admission to the Tennessee School for the Blind.

(2) A student who meets one (1) or more of the following visual impairments shall be eligible for admission to the Tennessee School for the Blind:

(a) Visual acuity in the better eye or both with best possible correction:

Legal blindness – 20/200 or less at distance and/or near; or 2. Low vision – 20/70 or less at distance and/or near.

(b) Visual field restriction with both eyes:

Legal blindness – remaining visual field of 20 degrees or less;
Low vision – remaining visual field of 60 degrees or less; or 3. Medical and educational documentation of progressive loss of vision, which may in the future affect the student’s ability to learn visually.

(c) Other visual impairment, not perceptual in nature, resulting from a medically documented condition. (For example, but not limited to cortical visual impairment)

(3) Students who have disabilities in addition to visual impairment shall be eligible for admission to the Tennessee School for the Blind.

(4) The Director of Schools for the Tennessee School for the Blind shall admit students who meet the eligibility criteria, provided:

(a) The student has been evaluated and referred by his or her Individual Education Program (IEP) team, that includes a representative from the Tennessee School for the Blind, upon the IEP team’s determination that the Tennessee School for the Blind will provide the student a free appropriate public education in the student’s least restrictive environment;

(b) A complete ophthalmological report for the student has been submitted; and (c) The student meets the criteria in Tennessee School for the Blind Policy 6.2030, School Admissions and Enrollment.

(5) The student’s district of origin and the Tennessee School for the Blind shall annually sign a placement agreement outlining the responsibilities of the district of origin and the responsibilities of Tennessee School for the Blind regarding the student’s free and appropriate public education and services provided pursuant to the student’s IEP.

(6) Student admittance to the Tennessee School for the Blind residential program shall be based on the school’s Policy 3.7000, Residential Program.

History

Authority: T.C.A. §§ 49-10-701, 49-10-801, and 49-50-1001, et seq.
Administrative History: Original rule filed August 26, 1986; effective November 29, 1986. Repeal and new rule filed March 16, 1992; effective June 29, 1992. Amendments filed April 4, 2018; effective July 3, 2018. Amendments filed April 7, 2021; effective July 6, 2021.

Tenn. Comp. R. & Regs. 0520-04-03-.02 STANDARDS OF ELIGIBILITY FOR ADMISSION TO THE TENNESSEE SCHOOL

FOR THE DEAF AND WEST TENNESSEE SCHOOL FOR THE DEAF.

(1) Students ages three (3) through twenty-one (21) who are residents of the state of Tennessee (Student) and who have a hearing impairment that is so significant that the child is impaired in processing linguistic information through hearing, with or without amplification, that adversely affects a child’s educational performance, shall be eligible for admission to the Tennessee School for the Deaf and West Tennessee School for the Deaf.

(2) A student who meets one (1) or more of the following hearing impairments shall be eligible for admission to the Tennessee School for the Deaf or West Tennessee School for the Deaf:

(a) A permanent or fluctuating hearing threshold level evidenced by:

An unaided hearing threshold level of 30 dB or greater based on the pure tone average of 500, 1000, and 2000 Hz in the better ear;
A high frequency hearing threshold level of 30 dB or greater based on the pure tone average of 1000, 2000 and 3000 Hz;
An unilateral hearing threshold level of 30 dB or greater, based on the pure tone average of 500, 1000, and 2000 Hz unaided; or 4. An auditory evoked potential response evidencing permanent hearing loss at multiple frequencies equivalent to or in excess of the decibel hearing loss threshold criteria for pure tone audiometric testing specified above.

(b) A hearing threshold that interferes with progress in developmental skills or academic performance, social-emotional development, or linguistic and communicative skills.

(c) An inability to discriminate speech within the normal range, or a medical condition that prevents the child from processing spoken language auditorily in spite of normal hearing.

(d) Evidence of genetic deafness history in the student’s family and early identification of progressive hearing loss.

(3) Students with disabilities in addition to a hearing impairment shall be eligible for admission to the Tennessee School for the Deaf and West Tennessee School for the Deaf.

(4) The Director of Schools for the Tennessee School for the Deaf and West Tennessee School for the Deaf shall admit students who meet the eligibility criteria, provided:

(a) The student has been evaluated and referred by his or her Individual Education Program (IEP) team, that includes a representative from the Tennessee School for the Deaf or West Tennessee School for the Deaf, upon the IEP team’s determination that the Tennessee School for the Deaf or West Tennessee School for the Deaf will provide the student a free appropriate public education in the student’s least restrictive environment; and (b) The student meets the criteria in the Tennessee Schools for the Deaf Policy 6.2030, School Admissions and Enrollment.

(5) The student’s district of origin and the Tennessee School for the Deaf or West Tennessee School for the Deaf shall annually sign a placement agreement that outlines the responsibilities of the district of origin and Tennessee School for the Deaf or West Tennessee School for the Deaf regarding the student’s free and appropriate public education and services provided pursuant to the student’s IEP.

(6) Student admittance to the Tennessee School for the Deaf residential program shall be based on the school’s Policy 3.7000, Residential Program.

History

Authority: T.C.A. §§ 49-10-701, 49-10-901, 49-10-902, and 49-50-1001, et seq.
Administrative History: Original rule filed August 26, 1986; effective November 29, 1986. Repeal and new rule filed March 16, 1992; effective June 29, 1992. Amendments filed April 4, 2018; effective July 3, 2018. Amendments filed April 7, 2021; effective July 6, 2021.

Tenn. Comp. R. & Regs. 0520-04-03-.03 DUTY-FREE LUNCH AT STATE SPECIAL SCHOOLS

(1) All teachers, grades kindergarten (K) through twelve (12), shall have a duty-free lunch period of at least the length of the student lunch period.

(2) During the duty-free lunch period teachers shall have no other assigned responsibilities.

History

Authority: T.C.A. § 49-1-302(e)(2).
Administrative History: Original rule filed March 16, 1992; effective June 29, 1992. Amendments filed April 4, 2018; effective July 3, 2018.

Chapter 0520-04-04 Repealed

Tenn. Comp. R. & Regs. 0520-04-04-.01 REPEALED

History

Authority: T.C.A. §§ 49-50-1001, 49-1-302, 49-10-701, 49-10-801 and 49-10-901.
Administrative History: Original rule filed November 22, 1988; effective February 28, 1989. Amendment filed October 31, 1989; effective December 15, 1989. Repealed and new rule filed March 16, 1992; effective June 29, 1992. Repeal filed July 24, 2009; effective December 29, 2009.

Tenn. Comp. R. & Regs. 0520-04-04-.02 REPEALED

History

Authority: T.C.A. §§ 49-50-1001, 49-1-302, 49-10-701, 49-10-801 and 49-10-901.
Administrative History: Original rule filed November 22, 1988; effective February 28, 1989. Amendment filed October 31, 1989; effective December 15, 1989. Repealed and new rule filed March 16, 1992; effective June 29, 1992. Repeal filed July 24, 2009; effective December 29, 2009.

Tenn. Comp. R. & Regs. 0520-04-04-.03 REPEALED

History

Authority: T.C.A. §§ 49-50-1001, 49-1-302, 49-10-701, 49-10-801 and 49-10-901.
Administrative History: Original rule filed November 22, 1988; effective February 28, 1989. Amendment filed October 31, 1989; effective December 15, 1989. Repealed and new rule filed March 16, 1992; effective June 29, 1992. Repeal filed July 24, 2009; effective December 29, 2009.

Tenn. Comp. R. & Regs. 0520-04-04-.04 REPEALED

History

Authority: T.C.A. §§ 49-50-1001, 49-1-302, 49-10-701, 49-10-801 and 49-10-901.
Administrative History: Original rule filed November 22, 1988; effective February 28, 1989. Amendment filed October 31, 1989; effective December 15, 1989. Repealed and new rule filed March 16, 1992; effective June 29, 1992. Repeal filed July 24, 2009; effective December 29, 2009.

Tenn. Comp. R. & Regs. 0520-04-04-.05 REPEALED

History

Authority: T.C.A. §§ 49-50-1001, 49-1-302, 49-10-701, 49-10-801 and 49-10-901.
Administrative History: Original rule filed November 22, 1988; effective February 28, 1989. Amendment filed October 31, 1989; effective December 15, 1989. Repealed and new rule filed March 16, 1992; effective June 29, 1992. Repeal filed July 24, 2009; effective December 29, 2009.

Tenn. Comp. R. & Regs. 0520-04-04-.06 REPEALED

History

Authority: T.C.A. §§ 49-50-1001, 49-1-302, 49-10-701, 49-10-801 and 49-10-901.
Administrative History: Original rule filed November 22, 1988; effective February 28, 1989. Amendment filed October 31, 1989; effective December 15, 1989. Repealed and new rule filed March 16, 1992; effective June 29, 1992. Repeal filed July 24, 2009; effective December 29, 2009.

Tenn. Comp. R. & Regs. 0520-04-04-.07 REPEALED

History

Authority: T.C.A. §§ 49-50-1001, 49-1-302, 49-10-701, 49-10-801 and 49-10-901.
Administrative History: Original rule filed November 22, 1988; effective February 28, 1989. Amendment filed October 31, 1989; effective December 15, 1989. Repealed and new rule filed March 16, 1992; effective June 29, 1992. Repeal filed July 24, 2009; effective December 29, 2009.

Chapter 0520-05-01 Supplement to Contract - Policies of Tennessee State Textbook Commission

Tenn. Comp. R. & Regs. 0520-05-01-.01 DEFINITION

Textbook and instructional materials shall be defined as any medium or manual of instruction which contains a systematic presentation of the principles of a subject and which constitutes a major instructional vehicle for that subject.

History

Authority: T.C.A. §§ 49-3-310(2) and 49-6-2203(a).
Administrative History: Original rule filed June 10, 1974. Repeal and new rule filed April 8, 1986; effective July 14, 1986. Repeal and new rule filed April 27, 1992. Repeal and new rule filed March 13, 2014; effective August 29, 2014. Amendments and new rules filed February 12, 2016; effective May 12, 2016.

Tenn. Comp. R. & Regs. 0520-05-01-.02 STAGGERED ADOPTION

The Textbook Commission shall determine the adoption cycle of textbooks in Tennessee. The Textbook Commission shall approve the state textbook review and approval process and timeline for each textbook adoption cycle.

History

Authority: T.C.A. § 49-6-2203(a).
Administrative History: Original rule filed June 10, 1974. Repeal and new rule filed April 8, 1986; effective July 14, 1986. Repeal and new rule filed April 27, 1992. Amendments and new rules filed February 12, 2016; effective May 12, 2016.

Tenn. Comp. R. & Regs. 0520-05-01-.03 MANUFACTURING STANDARDS FOR NON-CONSUMABLE BOOKS

The Commission may adopt physical standards and specifications that assure suitable durability of the textbooks, instructional materials and supplemental materials. Any non-consumable student book submitted as a textbook or as part of a textbook must meet the specific criteria identified in the Minimum Manufacturing Standards and Specifications for Textbooks ("Standards") as developed by the State Instructional Materials Review Association ("SIMRA"), in consultation with the Association of American Publishers and the Book Manufacturers’ Institute. The SIMRA Standards shall be Tennessee’s official minimum standards and specifications for non-consumable student books. The Commission may consider for recommendation textbooks that do not meet the SIMRA Standards if there are limited Learning Resources of quality submitted for a specific state-funded course.

History

Authority: T.C.A. § 49-6-2203(a).
Administrative History: Original rule filed June 10, 1974. Repeal and new rule filed April 8, 1986; effective July 14, 1986. Repeal and new rule filed April 27, 1992. Amendments and new rules filed February 12, 2016; effective May 12, 2016.

Tenn. Comp. R. & Regs. 0520-05-01-.04 , then the online textbooks and instructional materials shall be in finished form.

(3) Publishers shall agree in the bid documents to provide access to complete online copies of the textbooks or instructional materials, including all supplementary materials, bid during the review process by the advisory panels, at the time specified by the Commission in the textbook adoption schedule, but in no case shall the textbooks or instructional materials be available for less than ninety (90) days.

(4) Publishers that submit textbooks and instructional materials for adoption shall provide the Tennessee Department of Education with instructions for how the public and state advisory panel members can access the textbooks and materials. The department shall post the instructions submitted by publishers on the department’s website along with instructions for how the public can submit comments on the textbooks and instructional materials.

History

Authority: T.C.A. §§ 49-6-2203(a) and (d)(3).
Administrative History: Original rule filed June 10, 1974. Repeal and new rule filed April 8, 1986; effective July 14, 1986. Repeal and new rule filed April 27, 1992. Amendments and new rules filed February 12, 2016; effective May 12, 2016.

Tenn. Comp. R. & Regs. 0520-05-01-.05 CONDITION OF SAMPLE TEXTBOOKS AND INSTRUCTIONAL MATERIALS

(1) A publisher shall not submit draft copies of textbooks, instructional materials or other supplemental materials. All textbooks, instructional materials and accompanying manuals, workbooks and other supplemental materials shall be submitted in finished form at the date set by the Commission, but no later than the start of the review period. If a complete copy of any textbooks, instructional materials or any of their supplemental materials is not filed prior to the date specified by the Commission, then the textbook or instructional materials shall not be considered for adoption. The textbooks and instructional materials shall be accompanied by a list stating the edition, title and author of each textbook or any instructional materials offered.

(2) ‘Finished form’ is defined as the final form of the book or instructional material that would be distributed to public schools, if purchased. Textbooks and instructional materials must meet the minimum manufacturing standards and specifications for textbooks and instructional materials set by the Commission in order to be considered in ‘finished form.’ Textbooks and instructional materials in beta version, and/or with missing pictures, charts, graphs, or other content will not be considered to be in ‘finished form.’ No gallery proofs or page proofs may be submitted for review.

History

Authority: T.C.A. § 49-6-2203(a).
Administrative History: Original rule filed June 10, 1974. Repeal and new rule filed April 8, 1986; effective July 14, 1986. Repeal and new rule filed April 27, 1992. Amendments and new rules filed February 12, 2016; effective May 12, 2016.

Tenn. Comp. R. & Regs. 0520-05-01-.06 ONLINE ACCESS TO SAMPLE TEXTBOOKS AND INSTRUCTIONAL MATERIALS

(1) In addition to the finished textbooks and instructional materials required to be filed with the Tennessee Department of Education, publishers shall make all textbooks and instructional materials proposed for adoption available for inspection online by LEAs and the public. The online inspection shall allow inspection of both the textbook or instructional materials and all accompanying manuals, workbooks and other supplemental materials.

(2) The content, including pictures and graphs, of the textbooks, instructional materials, and supplementary materials that are made available for online inspection shall be in finished form and shall be the same as what would be distributed to public schools; however, the platform and format does not have to be in finished form. If the online textbooks and instructional materials are the same as the samples submitted to the Commission as required by Rule

Tenn. Comp. R. & Regs. 0520-05-01-.07 SUBSTITUTIONS

At the first regular meeting of each calendar year, the Commission will consider:

(1) The substitution of the revised edition of a textbook for the edition previously listed; and (2) The substitution of a textbook that contains content revisions made since the previous official listing of the book, provided that each book:

(a) Will be sold at the same price as the book originally listed; and (b) Can be used with the book originally listed. When these books are offered for substitution, the same sampling and bidding procedures shall be followed as in the case of the original texts which they are to replace, except that no additional bond or contract will be required. Samples of each book shall be submitted by the publishing company representatives to each member of the Commission, if requested by the Commission members, together with a brief setting forth in detail the differences between the book originally listed and the newer book. Every textbook to be submitted accordingly to Policy No. 06 shall be presented to the members of the Commission at least 30 days prior to the first regular meeting of the calendar year.

(3) Substitution requests shall not be submitted for textbooks and instructional materials within one (1) year of the expiration of the approved contract date for the official listing of the book.

History

Authority: T.C.A. §§ 49-1-302, 49-6-2203(a) and (j).
Administrative History: (For history prior to June 1992,, see 0520 official history.) Repeal filed April 27, 1992; effective June 29, 1992. Repeal and new rule filed November 20, 1998; effective March 30, 1999. Repeal and new rule filed March 13, 2014; effective August 29, 2014. The repeal of this rule was withdrawn by the State Board of Education on July 30, 2014. Repeal filed June 3, 2015; effective September 1, 2015. Amendments and new rules filed February 12, 2016; effective May 12, 2016.

Tenn. Comp. R. & Regs. 0520-05-01-.08 AMOUNT OF PERFORMANCE BOND REQUIRED

Publishers shall file with the textbook contract a good and sufficient bond with a surety company authorized to do business in this state in the sum of $10,000 and conditioned upon the faithful performance of all conditions of the contract and TCA Title 49, Chapter 6, Part 22.

History

Authority: T.C.A. §§ 49-6-2203(a) and (j).
Administrative History: (For history prior to June 1992, see 0520 official history.) Repeal filed April 27, 1992; effective June 29, 1992. Amendments and new rules filed February 12, 2016; effective May 12, 2016.

Tenn. Comp. R. & Regs. 0520-05-01-.09 AMOUNT OF PERFORMANCE BOND REQUIRED

Publishers submitting textbooks or instructional materials for possible state approval shall execute an agreement to correct all factual and editing errors found in a textbook or instructional materials, at the publisher’s expense.

The publisher shall submit a corrective action plan to the department, for review and approval by the state board, within thirty (30) days of the department’s notification of the existence of errors in the textbook or instructional materials.

Factual errors only apply to information that is inaccurate at the time of state approval of the textbook or instructional material.

The department shall submit corrective action plans to the board for approval at least once per year.

History

Authority: T.C.A. §§ 49-6-2202(c) and 49-6-2203(a).
Administrative History: (For history prior to June 1992, see 0520 official history.) Repeal filed April 27, 1992; effective June 29, 1992. Amendments and new rules filed February 12, 2016; effective May 12, 2016.

Tenn. Comp. R. & Regs. 0520-05-01-.10 STATE ADVISORY PANELS

(1) Appointment of State Advisory Panels The Chair of the Commission may recruit and appoint members to an advisory panel of expert teachers and other experts. The Chair shall present the list of members of the advisory panel to the Commission at the next regular meeting.

The department shall post the names of the reviewers, their positions, employers and the panels on which they serve on the department’s web site.

(2) Appointment of State Advisory Panels At least one (1) teacher shall be appointed to each advisory panel. Teachers appointed to the advisory panels shall possess a license to teach with an endorsement in the subject area or grade level for which they shall review textbooks or instructional materials.

Experts, who are not public school teachers, may include college professors and credentialed subject matter specialists.

All members of advisory panels shall have a specific knowledge of and expertise in the content of the subject matter contained in the textbooks or instructional materials they review.

(3) Training for Advisory Panel Members The Department of Education shall assist the Commission by providing mandatory training to members of advisory panels on the review process and the completion of their assigned tasks. The mandatory training shall include, at a minimum, the components outlined in T.C.A. § 49-6-2201(n)(2).

(4) Review Rubric for Advisory Panel Members The Tennessee Department of Education may develop a review instrument/ rubric to be used by state advisory panels to review textbook and instructional materials submitted for adoption.

The review instrument shall include an examination as to whether the textbooks or instructional materials:

(a) Conform to the standards for their subject areas or grade levels;

(b) Are free of any clear, substantive, factual or grammatical errors;

(c) Comply with and reflect the values expressed in § 49-6-1028(b), if the textbook or instructional materials are being considered for adoption as a textbook or instructional materials for education of students in general studies and specifically in United States

history and this nation’s republican form of government; and (d) Nothing in this part shall prohibit the use of or apply to supplemental instructional materials.

The Textbook Commission shall approve any review instrument / rubric used by state advisory panels.

(5) Panel Review Process The department shall develop a process for state advisory panels to review textbooks and instructional materials. The process shall align with the review timeline outlined in the textbook adoption schedule approved by the Commission.

Each textbook or any instructional materials proposed for approval shall be reviewed by multiple members of the panel.

(6) Panel Recommendations to the Commission The advisory panelists shall individually make their recommendations to the Commission.

The reviews of the members of an advisory panel shall be posted on the department’s web site without any information that would identify the reviewers.

Before issuing a recommendation on a textbook or on instructional materials, each advisory panelist shall review the public comments on the textbook or instructional materials posted on department’s web site, pursuant to § 49-6-2203(d)(4), that are received by the date set by the Commission. Each advisory panelist shall consider the public comments in making the panelist’s recommendation.

History

Authority: T.C.A. §§ 49-6-2201(n) and 49-6-2203.
Administrative History: (For history prior to June 1992, see 0520 official history.) Repeal filed April 27, 1992; effective June 29, 1992. Amendments and new rules filed February 12, 2016; effective May 12, 2016.

Tenn. Comp. R. & Regs. 0520-05-01-.11 through 0520-05-01-.36 REPEALED.

History

Authority: T.C.A. § 49-6-2203.
Administrative History: (For history prior to June 1992, see 0520 official history.) Repeal filed April 27, 1992; effective June 29, 1992.

Chapter 0520-06-01 Repealed

Tenn. Comp. R. & Regs. 0520-06-01 Repealed

RULES

OF THE STATE BOARD OF EDUCATION

Note: Curriculum frameworks are adopted as policies, in accordance with T.C.A. §49-1-302.

Authority: T.C.A. §49-1-302(a)(8). Administrative History: Repeal of Chapters 0520-6-1 through 0520-6-35 filed August 31, 1999; December 29, 1999.

Chapter 0520-07-01 Non-Public Schools Administrative Rules

Tenn. Comp. R. & Regs. 0520-07-01-.01 CREATION OF THE ADVISORY COUNCIL FOR NON-PUBLIC SCHOOLS

(1) The Commissioner of Education (“Commissioner”) shall appoint a nine (9) member Advisory Council for Non-Public Schools to advise the Department of Education (“Department”) on policies relating to non-public school administration.

(2) The term of each council member shall be for three (3) years, and members may be reappointed. If a member resigns their position, the Commissioner shall appoint a new member to serve for the remainder of the unexpired term.

History

Authority: T.C.A. §§ 49-1-201, 49-1-302, 49-6-3001, and 49-50-801.
Administrative History: Original rule filed April 24, 1987; effective June 8, 1987. Repealed and new rule filed March 16, 1992; effective June 29, 1992. Amendments filed March 24, 2017; effective June 22, 2017. Amendments filed May 17, 2023; effective August 15, 2023.

Tenn. Comp. R. & Regs. 0520-07-01-.03 STUDENT TRANSFERS

(1) Students who transfer among public schools and Category I, II, or III private schools shall be granted credit for completed work.

(2) The school which the student leaves must supply a certified transcript showing the student’s record of attendance, achievement, and the units of credit earned. To be certified, a transcript must be sent by the custodian of records at the student’s former school to the requesting school with a signed certification acknowledging the accuracy of the transcript.

The parent or guardian of the student shall be notified by the school that the transcript is being sent.

However, this rule shall not be construed as to supersede any contractual obligation of parents with the private or church-related school (e.g., withholding of grades until all tuition/fees are paid).

(3) Local boards of education and public charter schools shall not prohibit or impede the transfer of a student from a Category IV church-related school, Category V private school, or a home school to a public school of this state. Local boards of education and public charter schools may, however, place students transferring from a Category IV church-related school, Category V private school, or home school to a public school in a grade level and confer credit for courses based upon the student's performance on a test administered by the local board or public charter school for that purpose. If a local board of education or public charter school requires a test for purposes of grade placement or conferring credit, such requirement shall be set forth in the local board of education or public charter school’s policy and shall require notice to parents of a student transferring from a Category IV church-related school, Category V private school, or home school of the testing options and requirements set forth below:

(a) If a local board of education or public charter school administers a test to students transferring from a Category IV church-related school, Category V private school, or home school to a public school, students shall be allowed credit only when they have passed comprehensive written examinations approved, administered, and graded by the principal or designee of the public school. If requested by the parent or guardian, the LEA or public charter school shall accept student scores from a nationally standardized achievement test as a substitute for the required comprehensive written examinations in subjects covered by the nationally standardized achievement test for purposes of grade placement and conferring credit.

(b) The examination administered to students in grades one through eight (1-8) shall cover only the last grade completed.

(c) The examinations administered to students in grades nine through twelve (9-12) shall cover the individual subjects appearing on the certified transcripts. The examination for graduation requirement subjects shall only cover the last course completed by the student (for example, if a student has completed English I, II, and III, the examination shall only cover English III).

(d) The parent of a home school student is authorized to transmit transcripts of a student to any school to which the student transfers or applies for admission when the records are requested by the receiving school.

History

Authority: T.C.A. §§ 49-1-201, 49-1-302, 49-6-3001, 49-6-3050, and 49-50-801.
Administrative History: Original rule filed April 24, 1987; effective June 8, 1987. Repealed and new rule filed March 16, 1992; effective June 29, 1992. Repeal and new rule filed December 28, 2005; effective April 28, 2006. Amendments filed March 24, 2017; effective June 22, 2017. Amendments filed May 17, 2023; effective August 15, 2023.

Tenn. Comp. R. & Regs. 0520-07-01-.04 REPORTING AND MONITORING REQUIREMENTS

(1) The Department shall develop reporting procedures for Category I, II, III, and V private schools and Category IV church-related schools and shall establish corresponding deadlines for submission of required reports to the Department.

(2) Category I and V private schools and Category IV church-related schools approved by the State Board pursuant to T.C.A. § 49-50-801(e)(1) and State Board rule 0520-07-02-.05(2) may be subject to monitoring conducted by the Department to ensure compliance with this Chapter, State Board rules Chapter 0520-07-02, and any state or federal laws applicable to the school.

The Department shall develop a monitoring guidebook setting forth the monitoring process which shall be posted on the Department’s website.

(3) Monitoring of Category II and III private schools and Category IV church-related schools that are approved by an accrediting or membership agency set forth in this Rule shall be conducted by the school’s accrediting or membership agency to ensure compliance with this Chapter, State Board Rules Chapter 0520-07-02, any state or federal laws applicable to the school, as well as accreditation or membership standards of the agency. However, at any time the Department may require documentation from the accrediting or membership agency regarding the monitoring of any of the agency’s schools. If the Department becomes aware of potential non-compliance with this Chapter, State Board Rules Chapter 0520-07-02, and/or any state or federal laws applicable to the school, notice shall be sent to the school and the accrediting or membership agency regarding the non-compliance and shall be addressed by the accrediting or membership agency in accordance with requirements for accrediting or membership agencies set forth in State Board Rules Chapter 0520-07-02. The Department may conduct an on-site visit to a school to verify that compliance has been established, in consultation with the accrediting or membership agency.

(4) Category II, III, and IV accrediting and membership agencies shall publish accreditation policies and lists of all accredited and/or member schools on a publicly available website. Category II, III and IV accrediting and membership agencies shall also submit an updated list of all accredited or member schools annually to the Department by the deadline established by the Department.

Category II, III and IV accrediting agencies shall also notify the Department of any schools that are added or removed from the agency’s list of accredited or member schools within ten (10) business days of the addition or removal.

History

Authority: T.C.A. §§ 49-1-201, 49-1-302, 49-6-3001, and 49-50-801.
Administrative History: New rule filed May 17, 2023; effective August 15, 2023.

Tenn. Comp. R. & Regs. 0520-07-01-.02 REPOSITORY FOR PERMANENT RECORDS

(1) Category I, II, III, and V private schools and Category IV church-related schools (defined in State Board Rules Chapter 0520-07-02) which cease operation shall place their student academic and attendance records with the local public school district where the school was located. Schools which merge, consolidate, or undergo change of ownership may deposit their records with the continuing school rather than the local public school district. Category II, III and IV schools shall also send a copy of student academic and attendance records to the school’s accrediting or membership agency, if required by the agency. These records may be maintained electronically.

(2) Category I, II, III, and V private schools and Category IV church-related schools which cease operation shall notify the Director of Schools of the public school district where the school was located and the Department utilizing the closing form provided by the Department.

(3) Category I, II, III, and V private schools and Category IV church-related schools which cease operation shall give adequate public notice of the location of student records, by publicizing the name and address of the receiver of records in a local newspaper, on the school’s website (if applicable), and by sending written communication by electronic or post mail to all parents of enrolled students, with a copy submitted to the Department. This notice shall be given at least thirty (30) days prior to the school’s last day in operation.

History

Authority: T.C.A. §§ 49-1-201, 49-1-302, 49-6-3001, and 49-50-801.
Administrative History: Original rule filed April 24, 1987; effective June 8, 1987. Repealed and new rule filed March 16, 1992; effective June 29, 1992. Amendments filed March 24, 2017; effective June 22, 2017. Amendments filed May 17, 2023; effective August 15, 2023.

Chapter 0520-07-02 Non-Public School Approval Process

Tenn. Comp. R. & Regs. 0520-07-02-.01 CATEGORIES

(1) There shall be six (6) types of non-public schools in Tennessee as set forth in this Chapter:

Categories I, II, III, and V private schools, Category IV church-related schools, and independent home schools.

(2) Pursuant to T.C.A. § 49-6-3001, Category I, II, III, and V private schools, Category IV churchrelated schools, and independent home schools as defined in T.C.A. § 49-6-3050 where parents provide annual notice to the director of schools of the LEA, satisfy the compulsory school attendance requirements for students who are ages six (6) through seventeen (17), inclusive.

History

Authority: T.C.A. §§ 49-1-201, 49-1-302, 49-6-3001, 49-6-3050, and 49-50-801.
Administrative History: (For history prior to June 1987, see pages ii-iii). New rule filed April 24, 1987; effective June 8, 1987. Repealed and new rule filed March 16, 1992; effective June 29, 1992. Amendment filed December 19, 2002; to be effective April 30, 2003; however, on April 29, 2003, the State Board of Education stayed amendment to 0520-07-02-.01(1)(f) until June 28, 2003. Amendment to become effective June 28, 2003. Repeal and new rule filed December 28, 2005; effective April 28, 2006. Amendment filed February 20, 2008; effective June 27, 2008. Repeal and new rule filed July 29, 2011; effective December 29, 2011. Amendments filed August 11, 2017; effective November 9, 2017. Amendments filed May 17, 2023; effective August 15, 2023. Amendments filed March 18, 2024; effective June 16, 2024.

Tenn. Comp. R. & Regs. 0520-07-02-.02 CATEGORY I: DEPARTMENT OF EDUCATION APPROVAL

(1) Category I schools are schools approved individually by the Department of Education (“Department”). Special purpose schools that address a student’s education while receiving short-term medical or transient care may also be approved as Category I special purpose schools. Independent home schools are not approvable under this category.

(2) A school seeking approval as a Category I school shall submit an application for approval to the Department on a form developed by the Department and meet any deadlines for application established by the Department.

(3) The criteria for approval as a Category I school shall include the following:

(a) Attendance.

Each school shall comply with the requirements of T.C.A. § 49-6-3007 regarding the reporting of the names, ages, and addresses of all pupils in attendance to the Director of Schools for the public school district in which the student resides.
Each school shall ensure students entering Kindergarten have reached five (5) years of age on or before August 15 pursuant to T.C.A. § 49-6-201(b)(3), unless the principal or head of school finds through evaluation and testing, at the request of the parent or legal guardian, that a child who is five (5) on or before September 30 is sufficiently mature emotionally and academically to enter Kindergarten and the school has a policy permitting testing by the principal or head of school to obtain early admission to Kindergarten.
Beginning in the 2026-2027 school year, each school shall have at least ten (10) full-time school-age students enrolled each school year.

(b) Facilities, Health, and Safety.

Each school shall comply with all laws, rules and regulations, and codes of the city, county, and state regarding planning of new buildings, alterations and health and safety.
Each school shall observe all fire safety regulations and procedures promulgated by the Tennessee Fire Marshal’s Office.
Each school shall conduct at least one (1) fire safety inspection annually based on the fire safety inspection checklist developed by the Tennessee Fire Marshal’s Office and maintain copies of the inspection reports, including findings of non-compliance and actions taken to comply for review by the Tennessee Fire Marshal’s Office and the Department.
Each school shall construct, remodel, renovate, expand, or modify school buildings or other structures in accordance with any state and/or federal requirements applicable to the school regarding building accessibility, which may include, but is not limited to, the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973.
Each principal or head of school shall comply with the requirements of Department of Health rules and T.C.A. § 49-6-5001 that each child enrolled in school be vaccinated against disease, subject to any applicable exemptions set forth in state law or Department of Health rules.
Each school shall conduct criminal history records check prior to employment for any person applying for or holding a position as a teacher or any other position requiring proximity to school children. Criminal history records checks shall also be required for any person or employee of the person, corporation, or other entity who contracts with a school and who will have direct contact with school children or access to the grounds of the school when children are present. The criminal

history records check shall be fingerprint based or social security number based and shall also include a check of the Tennessee and National Sex Offender Registries and the Tennessee Department of Health Abuse Registry. Schools shall also search the Tennessee educator licensure database (TNCompass) to determine if an applicant for a teaching position or any other position requiring proximity to school children has ever had a Tennessee educator license suspended or revoked for misconduct.

Each school director shall comply with the reporting requirements set forth in T.C.A. § 49-5-417 and State Board Rule 0520-02-03-.09 with regard to any employee who possesses an active or expired Tennessee educator license.

The instructional program shall include, but not be limited to, the areas of English language arts, mathematics, social studies, and science. Additionally, schools are encouraged to offer art, music, health and physical education, and world language.
Each school shall use textbooks and instructional materials that adequately cover all subjects in the school’s instructional program.
Each high school shall adopt a graduation requirements policy requiring students to earn at least the minimum number of total credits required for graduation set by the State Board in Rule 0520-01-03-.06. The school’s policy shall also require students to achieve the required minimum number of credits set by the State Board in Rule 0520-01-03-.06 in the subjects of English language arts, mathematics, science, and social studies. This provision shall not be construed as requiring the same courses in the subjects of English language arts, mathematics, science, and social studies that are required for public schools.

The school shall determine the additional subject areas and credits necessary for graduation from high school as set forth in the school’s graduation requirements policy to meet or exceed the minimum total number of credits set by the State Board in Rule 0520-01-03-.06.

At least once every school year, each school shall give a nationally standardized achievement test covering the areas of English language arts and mathematics to each student in third (3rd) through eleventh (11th) grades; the results must be communicated to teachers and parents and kept as part of the student’s permanent record. Examples of nationally standardized achievement tests include ACT/SAT and benchmark assessments. Schools may identify alternate assessments for students with the most significant cognitive disabilities.

(d) Teacher Licensure and Evaluation.

Each school shall ensure that all teachers possess an active Tennessee educator license as provided in State Board Rules Chapter 0520-02-03.
Each school shall develop procedures for the annual evaluation of all teachers and principals.
Teaching experience shall count toward qualifying years of experience in the Department’s Educator Data Management System.
Each school shall provide a sufficient number of appropriately qualified administrators, supervisors, and other personnel, which may include, but is not limited to, librarians and school counselors, for the student body served.

(e) Administrative Rules.

Each school shall maintain an operating schedule that includes the minimum number of instructional days (180) and minimum number of hours per day (6½) required of public schools. In accordance with T.C.A. § 49-6-3004, a school that exceeds the required six and one-half (6½) hours of instructional time per day for the full academic year shall be credited with the additional instructional time in amounts up to, but not exceeding, thirteen (13) instructional days each school year. Such excess instructional time shall be used in accordance with T.C.A. § 49-6-3004(e)(1). Schools that are unable to meet the required 180 instructional day requirement due to natural disaster or serious outbreak of illness affecting or endangering students or staff during the school year may request a waiver of the minimum instructional day requirement from the Commissioner.
Each school shall comply with all applicable state and federal laws prohibiting discrimination on the basis of disability, including but not limited to the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973.
Each school shall develop and implement a written policy on promotion and retention. The written policy shall be communicated to students and parents via the school handbook.
Each school shall ensure that class sizes do not exceed the class size maximums for public schools set forth in state law.
Each school shall maintain complete and accurate permanent records of the following for all students; attendance, disciplinary matters, work completed while enrolled at the school, and promotion or retention determinations.
Each school shall provide periodic reports of student needs and academic progress to parents or legal guardians during each school year.
Any school seeking approval of a pre-K program shall satisfy the standards for School Administered Child Care Programs outlined in State Board Rules Chapter 0520-12-01.

(4) The criteria for approval as a Category I Special Purpose school shall include the criteria listed in Paragraph (3) of this Rule in addition to the following:

(a) Compliance with the following laws and Rules, as applicable: regarding students incarcerated in juvenile detention centers; regarding students admitted to licensed residential mental health treatment facilities; and/or regarding students admitted to court-ordered day treatment facilities.

(b) Category I Special Purpose schools shall be deemed appropriate placement sites for educator candidates seeking specialized clinical placements.

(5) Monitoring and Revocation.

(a) Category I and Category I Special Purpose schools shall report all required data annually to the Department as required by State Board Rule 0520-07-01-.04 and in any Department-provided procedures.

(b) The Department shall notify a school of non-compliance with this Rule, State Board Rules Chapter 0520-07-01, and any applicable state or federal laws and establish a deadline by which the school shall show evidence of compliance. If the school does not come into compliance by the specified deadline, the Department may revoke approval of the school after providing notice of revocation to the school. Revocation of approval shall take effect at the end of the school year in which the non-compliance was reported to the school, or on another date identified by the Department.

A school may appeal the revocation decision. Appeals must be submitted to the Department within fourteen (14) calendar days of the Department electronically sending the notice of revocation that is being appealed. The day that the Department sends the notice of revocation shall not count as part of the fourteen (14) calendar days. The Commissioner or Commissioner’s Designee shall make a determination and issue an electronic notification to the appealing party within forty-five (45) calendar days of receiving the appeal.

History

Authority: T.C.A. §§ 49-1-201, 49-1-302, 49-6-101, 49-6-3001, 49-6-3004, and 49-50-801.
Administrative History: (For history prior to June 1987, see pages ii-iii). New rule filed April 24, 1987; effective June 8, 1987. Repealed and new rule filed March 16, 1992; effective June 29, 1992. Amendment filed October 29, 2008; effective February 28, 2009. Repeal and new rule filed July 29, 2011; effective December 29, 2011. Amendment filed March 24, 2014; effective August 29, 2014. Amendments filed August 11, 2017; effective November 9, 2017. Amendments filed May 17, 2023; effective August 15, 2023. Amendments filed March 18, 2024; effective June 16, 2024.

Tenn. Comp. R. & Regs. 0520-07-02-.03 CATEGORY II: AGENCY ACCREDITATION

(1) Category II schools are approved by an agency whose ability to accredit schools in Tennessee is approved by the State Board. The Department shall review and recommend to the State Board for approval a list of private school accrediting agencies. Agencies approved by the State Board to accredit Category II private schools shall be listed in State Board Policy 3.500. Agencies seeking approval by the State Board shall submit an application to the Department and meet all requirements set forth in this Rule to be recommended for approval.

(a) Independent home schools that may affiliate with an approved agency are not approvable under this category.

(2) Procedures for Application and Approval of a Category II Private School Accrediting Agency.

(a) An agency seeking approval as a Category II private school accrediting agency shall submit an application to the Department on a form developed by the Department and meet any deadlines for application established by the Department.

(b) The Department shall review the completed application of the agency with respect to the criteria for approval set forth in this Rule and recommend to the State Board that the application be approved or denied. The applicant agency may address the State Board at the time its application is being considered by the Board by providing notice to the Board of its request to speak in accordance with State Board Policy 1.400.

(3) Probationary Approval and Revocation of Approval.

(a) A State Board approved Category II accrediting agency is approved for a period of five (5) years, unless the agency’s approval is revoked as set forth in this Rule during the five (5) year approval period. At the expiration of the five (5) year approval period, approved agencies shall re-apply for approval if the agency seeks to continue as an approved Category II accrediting agency. Applications will not be considered mid-cycle.

(b) The Department shall notify an agency of non-compliance with this Rule or the noncompliance of any of its accredited schools located in Tennessee with this Rule, State Board Rules Chapter 0520-07-01, and any applicable state or federal laws and establish a deadline by which the agency shall show evidence of compliance. If the agency does not come into compliance by the specified deadline, the Department may provide notice to the agency of intent to recommend to the State Board that the agency be placed on probationary approval status.

(c) If the Department recommends to the State Board that the agency be placed on probationary approval, the Department shall provide to the State Board:

Information regarding the non-compliance;
Reasons supporting the recommendation to place the agency on probationary approval; and 3. All notices provided to the agency regarding non-compliance and responses of the agency.

(d) Representatives of the agency may request to speak at the State Board meeting at which the recommendation for probationary approval is under consideration pursuant to State Board Policy 1.400.

(e) If the State Board votes to place the agency on probationary approval status, the agency shall submit a corrective action plan to the Department. If the agency successfully completes the terms of the corrective action plan, the Department shall bring a recommendation to the State Board that the agency be removed from probationary approval status and restored to full approval. Any agency that is restored to full approval after being placed on probationary approval status will still be required to re-apply for full approval at the expiration of its initial five (5) year approval period. If the agency does not successfully complete the terms of the corrective action plan, the Department shall bring a recommendation that the State Board revoke the agency’s approval.

(f) If the Department recommends to the State Board that the agency’s approval be revoked, the Department shall provide to the State Board:

Information regarding the non-compliance;
Reasons supporting the recommendation to revoke the agency’s approval; and 3. All notices provided to the agency regarding non-compliance and responses of the agency.

(g) The agency may address the State Board at the meeting where the revocation recommendation is being considered by the Board by providing notice to the Board of its request to speak in accordance with State Board Policy 1.400.

(h) If the State Board votes to revoke approval of the agency, the agency’s approval shall expire at the end of the school year during which the vote takes place, or on another date specified by the State Board.

(4) Criteria for Approval of a Category II Private School Accrediting Agency.

(a) Scope of Operation of Agency. The agency shall:

Have a clearly written statement of objectives;
Delineate the process by which it accredits schools; and 3. Have at least five (5) member schools, each with at least ten (10) full-time school-age students enrolled each school year. The ten (10) full-time school-age student requirement shall apply beginning in the 2026-2027 school year.

(b) Organization of Agency. The agency shall:

Specify qualifications for professional personnel for the agency; and 2. Employ at least one (1) full-time agency head or director.

Maintain written descriptions of the requirements for school accreditation and of the levels or types of membership granted;
Re-evaluate approved schools annually;
Give advance publication of proposed changes in accreditation standards to schools. These changes must be approved in advance by the Department;
Advise schools or directly provide them with technical assistance to address deficiencies in meeting the accreditation standards of the agency;
Notify the Department within ten (10) business days of adding or removing an accredited school from its list;
Require schools to report to the accrediting agency on deficiencies that could affect accredited status;
Have procedures for revocation of accreditation for any school that does not comply with the agency’s standards for approved schools. Such procedures shall include how the agency monitors approved schools for compliance with agency standards, including working with schools to remedy areas of non-compliance that are identified by the Department; and 8. Publish and follow minimum standards for approved schools, including, at a minimum:

(i) Attendance.

(I) Each school shall comply with the requirements of T.C.A. § 49-6- 3007 regarding the reporting of the names, ages, and addresses of all pupils in attendance to the director of schools for the public school district in which the student resides.

(II) Each school shall ensure students entering Kindergarten have reached five (5) years of age on or before August 15 pursuant to T.C.A. § 49-6-201(b)(3), unless the principal or head of school finds through evaluation and testing, at the request of the parent or legal guardian, that a child who is five (5) on or before September 30 is sufficiently mature emotionally and academically to enter Kindergarten and the school has a policy permitting testing by the principal or head of school to obtain early admission to Kindergarten.

(ii) Facilities, Health, and Safety.

(I) Each school shall comply with all laws, rules and regulations, and codes of the city, county, and state regarding planning of new buildings, alterations and health and safety.

(II) Each school shall observe all fire safety regulations and procedures promulgated by the Tennessee Fire Marshal’s Office.

(III) Each school shall conduct at least one (1) fire safety inspection annually based on the fire safety inspection checklist developed by the Tennessee Fire Marshal’s Office, and maintain copies of the inspection reports, including findings of non-compliance and actions taken to comply for review by the Tennessee Fire Marshal’s Office.

(IV) Each school shall construct, remodel, renovate, expand, or modify school buildings or other structures in accordance with any state and/or federal requirements applicable to the school regarding building accessibility, which may include, but is not limited to, the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973.

(V) Each principal or head of school shall comply with the requirement of Department of Health Rules and T.C.A. § 49-6-5001 that each child enrolled in school be vaccinated against disease, subject to any applicable exemptions set forth in State law or Department of Health Rules.

(VI) Each school shall conduct a criminal history records check prior to employment for any person applying for or holding a position as a teacher or any other position requiring proximity to school children.

Criminal history records checks shall also be required for any person or employee of the person, corporation, or other entity who contracts with a school and who will have direct contact with school children or access to the grounds of the school when children are present. The criminal history records check shall be fingerprint based or social security number based and shall also include a check of the Tennessee and National Sex Offender Registries and the Tennessee Department of Health Abuse Registry. Schools shall also search the Tennessee educator licensure database (TNCompass) to determine if an applicant for a teaching position or any other position requiring proximity to school children has ever had a Tennessee educator license suspended or revoked for misconduct.

(VII) Each school director shall comply with the reporting requirements set forth in T.C.A. § 49-5-417 and State Board Rule 0520-02-03-.09 with regard to any employee who possesses an active or expired Tennessee educator license.

(iii) Curriculum and Graduation.

(I) The instructional program shall include, but not be limited to, the areas of English language arts, mathematics, social studies, and science. Additionally, schools are encouraged to offer art, music, health and physical education, and world language.

(II) Each school shall use textbooks and instructional materials that adequately cover all subjects in the school’s instructional program.

(III) Each high school shall adopt a graduation requirements policy requiring students to earn at least the minimum number of total credits required for graduation set by the State Board in Rule 0520- 01-03-.06. The school’s policy shall also require students to achieve the required minimum number of credits set by the State Board in

Rule 0520-01-03-.06 in the subjects of English language arts, mathematics, science, and social studies. This provision shall not be construed as requiring the same courses in the subjects of English language arts, mathematics, science, and social studies that are required for public schools. The school shall determine the additional subject areas and credits necessary for graduation from high school as set forth in the school’s graduation requirements policy to meet or exceed the minimum total number of credits set by the State Board in Rule 0520-01-03-.06.

(IV) At least once every school year, each school shall give a nationally standardized achievement test covering the areas of English language arts and math to each pupil in third (3rd) through eleventh (11th) grades; the results must be communicated to teachers and parents and kept on file at the school for one (1) calendar year.

Examples of nationally standardized achievement tests include ACT/SAT and benchmark assessments. Schools may identify alternate assessments for students with the most significant cognitive disabilities.

(iv) Teacher Licensure and Evaluation.

(I) Each school shall ensure that all teachers and principals are appropriately licensed or credentialed, as defined by the accrediting agency.

(II) Teaching experience shall count toward qualifying years of experience in the Department’s Educator Data Management System.

(III) Each school shall develop procedures for evaluation of all teachers and principals.

(IV) Each school shall provide a sufficient number of appropriately qualified administrators, supervisors, and other personnel, which may include, but is not limited to, librarians, and school counselors, for the student body served.

(v) Administrative Rules.

(I) Each school shall maintain an operating schedule that includes the minimum number of instructional days (180) and minimum number of hours per day (6½) required of public schools. In accordance with T.C.A. § 49-6-3004, a school that exceeds the required six and onehalf (6½) hours of instructional time per day for the full academic year shall be credited with the additional instructional time in amounts up to, but not exceeding, thirteen (13) instructional days each school year. Such excess instructional time shall be used in accordance with T.C.A. § 49-6-3004(e)(1). Schools that are unable to meet the required 180 instructional day requirement due to natural disaster or serious outbreak of illness affecting or endangering students or staff during the school year may request a waiver of the minimum instructional day requirement from the school’s accrediting agency.

(II) Each school shall comply with applicable state and federal laws prohibiting discrimination on the basis of disability, including but not limited to the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973.

(III) Each school shall develop and implement a written policy on promotion and retention. The written policy shall be communicated to students and parents via the school handbook.

(IV) Each school shall ensure that class sizes do not exceed the class size maximums set forth in state law.

(V) Each school shall maintain complete and accurate permanent records of the following for all students, attendance, disciplinary matters, work completed while enrolled at the school, and promotion or retention determinations.

(VI) Each school shall provide periodic reports of student needs and academic progress to parents or legal guardians during each school year.

(5) The Department shall send an annual notice to approved Category II accrediting agencies of current State Board rules and state laws applicable to Category II schools and shall require agencies to certify receipt.

History

Authority: T.C.A. §§ 49-1-201, 49-1-302, 49-6-3001, and 49-50-801.
Administrative History: (For history prior to June 1987, see pages ii-iii). New rule filed April 24, 1987; effective June 8, 1987. Repealed and new rule filed March 16, 1992; effective June 29, 1992. Amendment filed August 31, 2001; effective December 28, 2001. Amendment filed October 29, 2008; effective February 28, 2009. Amendment filed March 24, 2014; effective August 29, 2014. Amendments filed August 11, 2017; effective November 9, 2017. Amendments filed May 17, 2023; effective August 15, 2023. Amendments filed March 18, 2024; effective June 16, 2024.

Tenn. Comp. R. & Regs. 0520-07-02-.04 CATEGORY III: REGIONAL ACCREDITATION

(1) Schools in this category are regionally accredited by one (1) of the Category III regional accrediting agencies identified in State Board Policy 3.500.

(2) Independent home schools that may affiliate with an approved agency are not approvable under this category. Virtual schools accredited by one (1) of the regional accrediting agencies identified in State Board Policy 3.500 are not considered independent home schools.

(3) To maintain approval as a Category III accrediting agency, each Category III accrediting agency shall publish and follow minimum standards for approved schools, including, at a minimum:

(a) Agency Responsibilities. The agency shall:

Maintain written descriptions of the requirements for school accreditation and of the levels or types of membership granted;
Re-evaluate approved schools on a regular basis established by the agency;
Give advance publication of proposed changes in accreditation standards to schools;
Advise schools or directly provide them with technical assistance to address deficiencies in meeting the accreditation standards of the agency;
Notify the Department within ten (10) business days of adding or removing an accredited school from its list;
Require schools to report to the accrediting agency on deficiencies that could affect accredited status;
Have procedures for revocation of accreditation for any school that does not comply with the agency’s standards for approved schools. Such procedures shall include how the agency monitors approved schools for compliance with agency standards, including working with schools to remedy areas of non-compliance that are identified by the Department; and 8. Publish and follow minimum standards for approved schools in Tennessee, including, at a minimum:

(i) Attendance.

(III) Beginning in the 2026-2027 school year, each school shall have at least ten (10) full-time school-age students enrolled each school year.

(ii) Facilities, Health, and Safety.

(I) Each school shall comply with all laws, rules and regulations, and codes of the city, county, and state regarding planning of new buildings, alterations and health and safety.

(II) Each school shall observe all fire safety regulations and procedures promulgated by the Tennessee Fire Marshal’s Office.

(iii) Curriculum and Graduation.

(II) Each school shall use textbooks and instructional materials that adequately cover all subjects in the school’s instructional program.

(iv) Teacher Licensure and Evaluation.

(I) Each school shall ensure that all teachers and principals are appropriately licensed or credentialed, as defined by the accrediting agency.

(II) Teaching experience shall count toward qualifying years of experience in the Department’s Educator Data Management System.

(III) Each school shall develop procedures for evaluation of all teachers and principals.

(v) Administrative Rules.

(III) Each school shall develop and implement a written policy on promotion and retention. The written policy shall be communicated to students and parents via the school handbook.

(IV) Each school shall ensure that class sizes do not exceed the class size maximums set forth in state law.

(V) Each school shall maintain complete and accurate permanent records of the following for all students: attendance, disciplinary matters, work completed while enrolled at the school, and promotion or retention determinations.

(VI) Each school shall provide periodic reports of student needs and academic progress to parents or legal guardians during each school year.

(4) Probationary Approval and Denial of Approval.

(a) The Department shall notify an agency of non-compliance with this Rule or the noncompliance of any of its accredited schools located in Tennessee with this Rule, State Board Rules Chapter 0520-07-01, and any applicable state or federal laws and establish a deadline by which the agency shall show evidence of compliance. If the agency does not come into compliance by the specified deadline, the Department may provide notice to the agency of intent to recommend to the State Board that the agency be placed on probationary approval status.

(b) If the Department recommends to the State Board that the agency be placed on probationary approval, the Department shall provide to the State Board:

Information regarding the non-compliance;
Reasons supporting the recommendation to place the agency on probationary approval; and 3. All notices provided to the agency regarding non-compliance and responses of the agency.

(c) Representatives of the agency may request to speak at the State Board meeting at which the recommendation for probationary approval is under consideration pursuant to State Board Policy 1.400.

(d) If the State Board votes to place the agency on probationary approval status, the agency shall submit a corrective action plan to the Department. If the agency successfully completes the terms of the corrective action plan, the Department shall bring a recommendation to the State Board that the agency be removed from probationary approval status and granted full approval. If the agency does not successfully complete the terms of the corrective action plan, the Department shall bring a recommendation that the State Board revoke the agency’s approval.

(e) If the Department recommends to the State Board that the agency’s approval be revoked, the Department shall provide to the State Board:

Information regarding the non-compliance;
Reasons supporting the recommendation to revoke the agency’s approval; and 3. All notices provided to the agency regarding non-compliance and responses of the agency.

(f) The agency may address the State Board at the meeting where the revocation recommendation is being considered by the Board by providing notice to the Board of its request to speak in accordance with State Board Policy 1.400.

(g) If the State Board votes to revoke approval of the agency, the agency’s approval shall expire at the end of the school year during which the vote takes place, or other date specified by the State Board.

(5) The Department shall send an annual notice to approved Category III accrediting agencies of current State Board rules and state laws applicable to Category III schools and shall require agencies to certify receipt.

History

Authority: T.C.A. §§ 49-1-201, 49-1-302, 49-6-3001, and 49-50-801.
Administrative History: (For history prior to June 1987, see pages ii-iii). New rule filed April 24, 1987; effective June 8, 1987. Repealed and new rule filed March 16, 1992; effective June 29, 1992. Repeal and new rule filed February 20, 2008; effective June 27, 2008. Amendment filed March 25, 2010; effective August 29, 2010. Amendment filed October 23, 2013; effective March 31, 2014. Amendments filed August 11, 2017; effective November 9, 2017. Amendments filed May 17, 2023; effective August 15, 2023. Amendments filed March 18, 2024; effective June 16, 2024.

Tenn. Comp. R. & Regs. 0520-07-02-.05 CATEGORY IV: CHURCH-RELATED SCHOOLS

(1) Category IV schools are schools that are “church-related” and exempt from certain regulations regarding faculty, textbooks, and curriculum. T.C.A. § 49-50-801 defines a church-related school as a school operated by denominational, parochial or other bona fide church organizations, which are required to meet the standards of accreditation or membership of the Tennessee Association of Christian Schools, the Association of Christian Schools International, the Tennessee Association of Independent Schools, the Southern Association of Colleges and Schools, the Tennessee Association of Non-Public Academic Schools, the Tennessee Association of Church Related Schools, the Association of Classical and Christian Schools, the Tennessee Alliance of Church Related Schools, or a school affiliated with Accelerated Christian Education, Inc.

(2) Independent home schools which may affiliate with an approved agency are not approvable under this category. However, an umbrella home school may operate under this category in accordance with T.C.A. § 49-6-3050(a)(2)-(3).

(a) Umbrella home schools. In accordance with T.C.A. § 49-6-3050(a)(2)-(3), a parent may enroll their child in a Category IV school and participate as a parent-teacher in the Category IV school for the purposes of home schooling their children. Such parentteachers shall meet the requirements established in T.C.A. § 49-6-3050(a)(2)-(3) and shall be subject to the requirements established by the Category IV school for umbrella home school parent-teachers. Students who are enrolled in a Category IV umbrella home school with a parent-teacher as provided in this paragraph and T.C.A. § 49-6- 3050(a)(2)-(3) shall be reported by the Category IV school as enrolled students as required by paragraph (3)(f) below, in the same manner as all other enrolled students.

A Category IV school is not required to conduct a criminal history records check as set forth in paragraph (3)(i) below for a parent-teacher who is instructing their own children.

(3) Each agency shall ensure all of its accredited or member schools:

(a) Comply with all laws, rules and regulations, and codes of the city, county, and state regarding planning of new buildings, alterations, and health and safety.

(b) Comply with all fire safety regulations and procedures promulgated by the Tennessee Fire Marshal’s Office.

(d) Construct, remodel, renovate, expand, or modify school buildings or other structures in accordance with any state and/or federal requirements applicable to the school regarding building accessibility, which may include, but is not limited to, the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973.

(e) Comply with the requirement of Department of Health Rules and T.C.A. § 49-6-5001 that each child enrolled in school be vaccinated against disease, subject to any applicable exemptions set forth in State law or Department of Health Rules. For purposes of Chapter 296 of the Public Acts of 2023, this requirement does not apply to a student who is enrolled in a Category IV umbrella home school and is taught at home by a parent-teacher in accordance with T.C.A. § 49-6-3050(a)(2) or (a)(3).

(f) Comply with the requirement of T.C.A. § 49-6-3007 that the names, ages, and addresses of all pupils in attendance be reported to the director of schools of the public school district in which the student resides.

(g) Ensures students entering Kindergarten have reached five (5) years of age on or before August 15 pursuant to T.C.A. § 49-6-201(b)(3), unless the principal or head of school finds through evaluation and testing, at the request of the parent or legal guardian, that a child who is five (5) on or before September 30 is sufficiently mature emotionally and academically to enter Kindergarten and the school has a policy permitting testing by the principal or head of school to obtain early admission to Kindergarten.

(h) Each school shall maintain an operating schedule that includes the minimum number of instructional days (180) and minimum number of hours per day (6½) required of public schools. In accordance with T.C.A. § 49-6-3004, a school that exceeds the required six and one-half (6½) hours of instructional time per day for the full academic year shall be credited with the additional instructional time in amounts up to, but not exceeding, thirteen (13) instructional days each school year. Such excess instructional time shall be used in accordance with T.C.A. § 49-6-3004(e)(1). Schools that are unable to meet the required 180 instructional day requirement due to natural disaster or serious outbreak of illness affecting or endangering students or staff during the school year may request a waiver of the minimum instructional day requirement from the school’s accrediting or membership agency.

(i) Each school shall conduct a criminal history records check prior to employment for any person applying for or holding a position as a teacher or any other position requiring proximity to school children. Criminal history records checks shall also be required for any person or employee of the person, corporation, or other entity who contracts with a school and who will have direct contact with school children or access to the grounds of the school when children are present. The criminal history records check shall be fingerprint based or social security number based and shall also include a check of the Tennessee and National Sex Offender Registries and the Tennessee Department of Health Abuse Registry. Schools shall also search the Tennessee educator licensure database (TNCompass) to determine if an applicant for a teaching position or any other position requiring proximity to school children has ever had a Tennessee educator license suspended or revoked for misconduct.

(j) Each school director shall comply with the reporting requirements set forth in T.C.A. § 49-5-417 and State Board Rule 0520-02-03-.09 with regard to any employee who possesses an active or expired Tennessee educator license.

(4) Church-related schools not accredited by or members of one (1) of the agencies set forth in paragraph (1) of this Rule may seek approval from the State Board as provided for in T.C.A. § 49-50-801(e)(1) by submitting the application on a form developed by the State Board staff and meeting any deadlines for application established by the State Board staff. Churchrelated schools seeking approval from the State Board shall demonstrate they are operated by a denominational, parochial or other bona fide church organization by providing proof with the application that the organization operating the school is recognized as a 501(c)(3) religious organization by the United States Internal Revenue Service. State Board staff shall review any complete and timely submitted application utilizing a rubric developed by State Board staff that is aligned to the application. Only applications which fully meet the standard of the rubric may be recommended by the Executive Director to the State Board for approval.

(5) Schools approved as Category IV schools by the State Board shall be monitored by the Department for continued compliance with the requirements set forth in paragraph (3) of this

Rule, State Board Rule Chapter 0520-07-01, and all applicable state and federal laws.

(6) Reporting of Non-Compliance and Revocation of Approval.

(a) For accrediting agencies listed in T.C.A. § 49-50-801, the Department shall notify an agency of non-compliance of any of its accredited or member schools with this Rule, State Board Rules Chapter 0520-07-01, and any applicable state or federal laws and establish a deadline by which the agency shall show evidence of its accredited or member schools’ compliance. If the agency does not produce evidence of compliance by the specified deadline, the Department may provide notice of the continued noncompliance to the chairs of the Education Committees of the Tennessee House and Senate.

(b) For schools approved by the State Board as provided in paragraph (4) of this Rule, approval may be revoked by the State Board for non-compliance. The Department shall notify the school of non-compliance with this Rule, State Board Rules Chapter 0520-07-01, and any applicable state or federal laws and establish a deadline by which the school shall show evidence of compliance. If the school does not establish compliance by the specified deadline, the Department may provide notice to the school of intent to recommend to the State Board that the school’s approval be revoked.

If the Department recommends revocation of approval of a school to the State Board, the Department shall provide to the State Board:

(i) Information regarding the non-compliance;

(ii) Reasons supporting the recommendation to revoke school approval; and (iii) All notices provided to the school regarding non-compliance and responses from the school.

Representatives of the school may request to speak at the State Board meeting at which revocation is under consideration pursuant to State Board Policy 1.400.
If the State Board votes to revoke approval of a school, the revocation shall take effect at the end of the school year in which the vote takes place, or on another date identified by the State Board.

(7) The Department shall send an annual notice to approved Category IV accrediting agencies of current State Board rules and state laws applicable to Category IV schools and shall require agencies to certify receipt.

History

Authority: T.C.A. §§ 49-1-201, 49-1-302, 49-6-3001, 49-6-3050, and 49-50-801.
Administrative History: (For history prior to June 1987, see pages ii-iii). New rule filed April 24, 1987; effective June 8, 1987. Repealed and new rule filed March 16, 1992; effective June 29, 1992. Amendment filed February 20, 2008; effective June 27, 2008. Amendment filed October 29, 2008; effective February 28, 2009. Amendment filed March 25, 2010; effective August 29, 2010. Amendment filed March 24, 2014; effective August 29, 2014. Amendments filed August 11, 2017; effective November 9, 2017. Amendments filed May 17, 2023; effective August 15, 2023. Amendments filed March 18, 2024; effective June 16, 2024.

Tenn. Comp. R. & Regs. 0520-07-02-.06 CATEGORY V: REGISTERED FOR OPERATION

(1) Schools in this category are registered for operation with the Department. Schools in this category shall not include independent home schools.

(2) Each school seeking registration for operation shall furnish to the Department the following information by October 15th of each year:

(a) Name, mailing address, and telephone number of the school;

(b) Name and academic credentials of the principal or head of school;

(d) Name and academic credentials of each teacher and the subjects taught by that teacher; and (e) Certification that the school meets all requirements set forth in paragraph (3).

(3) Each school shall ensure compliance with the following:

(a) Keep on file the curriculum offered and make copies available for inspection by the Department and the public upon request.

(b) Each school shall comply with all of the laws, rules and regulations, and codes of the city, county, and state regarding planning of new buildings, alterations, and health and safety.

(c) Each school shall observe all fire safety regulations and procedures promulgated by the Tennessee Fire Marshal’s Office.

(d) Each school shall conduct at least one (1) fire safety inspection annually based on the fire safety inspection checklist developed by the Tennessee Fire Marshal’s Office, and maintain copies of the inspection reports, including findings of non-compliance and actions taken to comply for review by the Tennessee Fire Marshal’s Office.

(e) Each school shall construct, remodel, renovate, expand, or modify school buildings or other structures in accordance with any state and/or federal requirements applicable to the school regarding building accessibility, which may include, but is not limited to, the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973.

(f) Each school shall comply with the requirement of Department of Health Rules and T.C.A. § 49-6-5001 that each child in school be vaccinated against disease, subject to any applicable exemptions set forth in State law or Department of Health Rules.

(g) Each school shall comply with the requirement of T.C.A. § 49-6-3007 that the names, ages, and addresses of all pupils in attendance be reported to the director of schools for the public school district in which the student resides.

(h) Each teacher shall possess at least a baccalaureate degree.

(i) At least once every school year, each school shall administer a nationally standardized achievement test covering, at a minimum, English language arts and math to each student in third (3rd) through eleventh (11th) grades. Results of the test shall be communicated to teachers and parents and kept on file at the school for at least one (1) calendar year. Examples of nationally standardized achievement tests include ACT/SAT and benchmark assessments. Schools may identify alternate assessments for students with the most significant cognitive disabilities.

(j) Each school shall ensure students entering Kindergarten have reached five (5) years of age on or before August 15 pursuant to T.C.A. § 49-6-201(b)(3) unless the principal or head of school finds through evaluation and testing, at the request of the parent or legal guardian, that a child who is five (5) on or before September 30 is sufficiently mature emotionally and academically to enter Kindergarten and the school has a policy permitting testing by the principal or head of school to obtain early admission to Kindergarten.

(k) Beginning in the 2026-2027 school year, each school shall have at least ten (10) fulltime school-age students enrolled each school year.

(l) Each school shall conduct a criminal history records check prior to employment for any person applying for or holding a position as a teacher or any other position requiring proximity to school children. Criminal history records checks shall also be required for any person or employee of the person, corporation, or other entity who contracts with a school and who will have direct contact with school children or access to the grounds of the school when children are present. The criminal history records check shall be fingerprint based or social security number based and shall also include a check of the Tennessee and National Sex Offender Registries and the Tennessee Department of Health Abuse Registry. Schools shall also search the Tennessee educator licensure database (TNCompass) to determine if an applicant for a teaching position or any other position requiring proximity to school children has ever had a Tennessee educator license suspended or revoked for misconduct.

(m) Each school director shall comply with the reporting requirements set forth in T.C.A. § 49-5-417 and State Board Rule 0520-02-03-.09 with regard to any employee who possesses an active or expired Tennessee educator license.

(n) Each school shall maintain an operating schedule that includes the minimum number of instructional days (180) and minimum number of hours per day (6½) required of public schools. In accordance with T.C.A. § 49-6-3004, a school that exceeds the required six and one-half (6½) hours of instructional time per day for the full academic year shall be credited with the additional instructional time in amounts up to, but not exceeding, thirteen (13) instructional days each school year. Such excess instructional time shall be used in accordance with T.C.A. § 49-6-3004(e)(1). Schools that are unable to meet the required 180 instructional day requirement due to natural disaster or serious outbreak of illness affecting or endangering students or staff during the school year may request a waiver of the minimum instructional day requirement from the Commissioner.

(4) Monitoring and Revocation.

(a) Category V schools shall report all required data annually to the Department as required by State Board Rule 0520-07-01-.04 and in any Department-provided procedures.

(b) The Department shall notify a school of non-compliance with this Rule, State Board Rules Chapter 0520-07-01, and any applicable state or federal laws and establish a deadline by which the school shall show evidence of compliance. If the school does not come into compliance by the specified deadline, the Department may revoke the registration of the school after providing notice of revocation to the school. Revocation of the registration of the school shall take effect at the end of the school year in which the non-compliance was reported to the school, or on another date identified by the Department.

A school may appeal the revocation decision. Appeals must be submitted to the Department within fourteen (14) calendar days of the Department electronically sending the notice of revocation that is being appealed. The day that the Department sends the notice of revocation shall not count as part of the fourteen (14) calendar days. The Commissioner or Commissioner’s Designee shall make a determination and issue an electronic notification to the appealing party within forty-five (45) calendar days of receiving the appeal.

History

Authority: T.C.A. §§ 49-1-201, 49-1-302, 49-6-3001, and 49-50-801.
Administrative History: (For history prior to June 1987, see pages ii-iii). New rule filed April 24, 1987; effective June 8, 1987. Repealed and new rule filed March 16, 1992; effective June 29, 1992. Amendment filed October 29, 2008; effective February 28, 2009. Amendment filed March 24, 2014; effective August 29, 2014. Amendments filed August 11, 2017; effective November 9, 2017. Amendments filed May 17, 2023; effective August 15, 2023. Amendments filed March 18, 2024; effective June 16, 2024.

Tenn. Comp. R. & Regs. 0520-07-02-.07 REPEALED

History

Authority: T.C.A. §§ 49-1-302 and 49-6-3001.
Administrative History: Original rule filed December 19, 2002; to be effective April 30, 2003; however, on April 29, 2003, the State Board of Education stayed rule

Tenn. Comp. R. & Regs. 0520-07-02-.08 REPEALED

History

Authority: T.C.A. §§ 49-1-201, 49-1-302, 49-6-101, 49-6-3001, and 49-50-801.
Administrative History: Original rule filed December 28, 2005; effective April 28, 2006. Amendment filed October 29, 2008; effective February 28, 2009. Repeal filed July 29, 2011; effective December 29, 2011.

Tenn. Comp. R. & Regs. 0520-07-02-.09 RESERVED

History

Authority: Executive Order No. 14 of 2020 (and applicable, subsequent Executive Orders addressing COVID-19 relief) and Public Chapter 652 of 2020.
Administrative History: Emergency rules filed April 16, 2020; effective through October 13, 2020. Emergency rules expired effective October 14, 2020, and the rules reverted to their previous statuses.

Chapter 0520-07-03 Repealed

Tenn. Comp. R. & Regs. 0520-07-03 Repealed

RULES

OF TENNESSEE DEPARTMENT OF EDUCATION

STATE BOARD OF PRIVATE BUSINESS SCHOOLS AND CORRESPONDENCE SCHOOLS

Chapter 0520-08-01 Repealed

Tenn. Comp. R. & Regs. 0520-08-01-.01 REPEALED

History

Authority: T.C.A. § 49-3802 and Chapter 248, Public Acts of 2019.
Administrative History: Original rule certified June 10, 1974. Repeal filed February 3, 2020; effective May 3, 2020.

Tenn. Comp. R. & Regs. 0520-08-01-.07 REPEALED

History

Authority: T.C.A. § 49-3802 and Chapter 248, Public Acts of 2019.
Administrative History: Original rule certified June 10, 1974. Repeal filed February 3, 2020; effective May 3, 2020.

Tenn. Comp. R. & Regs. 0520-08-01-.02 REPEALED

History

Authority: T.C.A. § 49-3802; § 6 of Chapter 514, Public Acts of 1984; and Chapter 248, Public Acts of 2019.
Administrative History: Original rule certified June 10, 1974. Amendment filed August 20, 1984; effective November 13, 1984. Repeal filed February 3, 2020; effective May 3, 2020.

Tenn. Comp. R. & Regs. 0520-08-01-.03 REPEALED

History

Authority: T.C.A. § 49-3802 and Chapter 248, Public Acts of 2019.
Administrative History: Original rule certified June 10, 1974. Repeal filed February 3, 2020; effective May 3, 2020.

Tenn. Comp. R. & Regs. 0520-08-01-.04 REPEALED

History

Authority: T.C.A. § 49-3802 and Chapter 248, Public Acts of 2019. Administrative Histor y: Original rule certified June 10, 1974. Repeal filed February 3, 2020; effective May 3, 2020.

Tenn. Comp. R. & Regs. 0520-08-01-.05 REPEALED

History

Authority: T.C.A. § 49-3802 and Chapter 248, Public Acts of 2019.
Administrative History: Original rule certified June 10, 1974. Repeal filed February 3, 2020; effective May 3, 2020.

Tenn. Comp. R. & Regs. 0520-08-01-.06 REPEALED

History

Authority: T.C.A. § 49-3802 and Chapter 248, Public Acts of 2019.
Administrative History: Original rule certified June 10, 1974. Repeal filed February 3, 2020; effective May 3, 2020.

Chapter 0520-09-01 Hearing Procedures and Public Meetings

Tenn. Comp. R. & Regs. 0520-09-01-.01 RULES OF PROCEDURE FOR HEARING CONTESTED CASES

(1) For rules of procedure for hearing contested cases see Rules of the Secretary of State,

Chapter 1360-04-01.

History

Authority: T.C.A. § 4-5-219.
Administrative History: Original chapter filed November 22, 1978; effective January 8, 1979. Amendments filed July 23, 2024; effective October 21, 2024.

Tenn. Comp. R. & Regs. 0520-09-01-.02 REQUESTS TO COMMENT AT PUBLIC MEETINGS

(1) The purpose of this Rule is to set forth requirements for persons to provide a public comment at a State Board of Education (“State Board”) meeting either in-person, or virtually if virtual participation is permitted in accordance with T.C.A. § 8-44-108. The State Board shall allow persons the opportunity to provide public comment at any State Board meeting that includes actionable items on the meeting agenda. Comments shall be permitted if the following requirements are met, subject to any additional restrictions set forth in this Rule:

(a) The comment is regarding a matter germane to the items on the agenda for the meeting, as determined by the Chair, and;

(b) The person submits a request to the Executive Director of the State Board in writing via email or regular mail at least forty-eight (48) hours prior to the scheduled start time of the meeting. The request shall include the person’s name, e-mail (if available), address, phone number, the organization, agency or individual he/she will be representing (if applicable), and identify if the person requesting to comment is requesting an accommodation under the Americans with Disabilities Act (“ADA”) in order to participate and the reason for the accommodation. The request shall also identify the meeting agenda item to which the comment is germane.

(2) Additional Restrictions.

(a) Only one (1) representative for any person, organization, or agency shall be permitted to provide a public comment. Additional members of an organization or agency may be permitted to provide a public comment if all requirements of paragraph (1) are met and if granted express permission by the Chair.

(b) The number of public comments at a State Board meeting shall be limited to ten (10).

In the event that more than ten (10) persons have submitted a request to provide a public comment in compliance with all requirements set forth in paragraphs (1) and (2) of this Rule, the first ten (10) persons who submitted a request to the Executive Director shall be permitted to provide a comment at the meeting. However, the Chair shall have discretion to expand the number of public comments permitted at the meeting beyond ten (10), based on the circumstances.

(c) At least twenty-four (24) hours prior to the meeting, the Executive Director shall notify person(s) whether or not they will be permitted to provide a public comment at the meeting. In the event a person who is permitted to comment requested an ADA accommodation as set forth in paragraph (1)(b) of this Rule, State Board staff will contact the person to discuss accommodations ahead of the meeting.

The limitation of ten (10) public comments per meeting as outlined in paragraph (2)(b) of this Rule does not apply to a person, organization, or agency (or their representative) who is requesting to provide a comment pertaining to an agenda item concerning approval or denial of an application submitted by the person, organization, or agency, or the taking of any action regarding the person, organization, or agency. This includes, but is not limited to, teacher license discipline actions, educator preparation provider approvals, approval or denial of an application that is required to be approved by the State Board, school district textbook and instructional materials waivers, and charter school authorizer evaluations.

(3) The Executive Director shall notify all State Board members of persons who will be permitted to provide a public comment in accordance with this Rule, and the meeting agenda item that the comment pertains to.

(4) Persons who are permitted to provide a public comment in accordance with this Rule shall be recognized by the Chair to provide a public comment at the State Board meeting for no more than three (3) minutes; however, the Chair shall have discretion to extend the time to greater than three (3) minutes or to reduce the time to less than three (3) minutes based on the circumstances.

(5) All persons recognized by the Chair to provide a public comment shall confine their remarks to the topic pertaining to the meeting agenda item indicated in the notice provided to the Executive Director and indicated in the recognition by the Chair. Failure to adhere to this requirement may result in the Chair rescinding the person’s recognition.

(6) Persons recognized to provide a public comment shall not directly question individual members of the State Board or the Chair without express permission of the Chair, nor shall State Board members or the State Board staff address questions directly to the commenter without permission of the Chair.

(7) Disruptive behavior shall not be permitted in the meeting room of the State Board or in virtual meetings. The Chair may request building security or electronic meeting moderators to remove persons in violation of this requirement. Disruptive behavior includes, but is not limited to, continuing to comment after allotted time has expired or when not recognized by the Chair, violating the Rules of Order as outlined in this Rule, and any type of physical action or verbal utterance that disrupts the meeting in violation of T.C.A. § 39-17-306.

(8) In accordance with T.C.A. § 8-44-102, this Rule does not authorize public comments at disciplinary hearings held by the State Board upon appeal from a contested case proceeding in accordance with State Board Rule 0520-02-03-.09 and the Uniform Administrative Procedures Act, T.C.A. §§ 4-5-301, et seq.

(9) Nothing in this Rule is intended to limit the ability of any person to submit public comments in writing to State Board members ahead of a public meeting.

History

Authority: T.C.A. §§ 4-5-102, 8-44-108, 8-44-112, 39-17-306, 49-1-301, and 49-1-302.
Administrative History: New rule filed July 23, 2024; effective October 21, 2024.

Chapter 0520-09-02 Accountability Hearings

Tenn. Comp. R. & Regs. 0520-09-02-.01 ACCOUNTABILITY HEARINGS ELIGIBILITY

(1) Pursuant to T.C.A. § 49-3-112(c), the State Board of Education (“State Board”) is authorized to call an Accountability Hearing (“Hearing”) for any local education agency (“LEA”) that operates a public school that receives a “D” or “F” letter grade on the state report card, or any public charter school that receives a “D” or “F” letter grade and the public charter school’s authorizer as defined in T.C.A. § 49-13-104. The Hearing shall review the public school’s performance and how the LEA’s or public charter school’s spending decisions may have affected the ability of the school to achieve student performance goals, including those defined in T.C.A. § 49-3-112(a).

(2) The State Board shall begin conducting annual Hearings in the 2025-2026 school year.

(3) Following the Tennessee Department of Education’s (“Department”) annual release of school letter grades pursuant to T.C.A. § 49-1-228, an LEA shall be called for a Hearing if:

(a) The LEA meets one (1) of the following criteria:

Has at least one (1) public school for which that same school received an “F” letter grade for the two (2) most recent school years in which school letter grades have been issued; or 2. Has at least one (1) public school for which that same school received an “F” letter grade immediately following the year in which that school received a “D” letter grade; and (b) The LEA has not been called for a Hearing during the two (2) consecutive school years prior to the school year in which the Hearing will be held.

(4) Following the Department’s annual release of school letter grades pursuant to T.C.A. § 49-1- 228, a public charter school and its authorizer shall be called for a Hearing if:

(a) The public charter school meets one (1) of the following criteria:

Received an “F” letter grade for the two (2) most recent school years in which school letter grades have been issued; or 2. Received an “F” letter grade immediately following the year in which it received a “D” letter grade; and (b) The public charter school has not been called for a Hearing during the two (2) consecutive school years prior to the school year in which the Hearing will be held.

December, 2025 2 (5) If an LEA or public charter school is called for a Hearing based on the criteria stated in paragraphs (3) or (4) of this Rule and that school has closed or is scheduled to close by June 30th of the year in which the Hearing will be held, the LEA or public charter school shall provide documented evidence of the vote to close the school by the local board of education, the governing body, the authorizer, or the Tennessee Public Charter School Commission, when acting in its official capacity as the appellate body, to the State Board’s executive director within five (5) calendar days of receipt of the written notification of a Hearing. If documented evidence of the vote to close the school is timely provided to the State Board’s executive director, the LEA or public charter school shall not be called for a Hearing on behalf of the closing or closed school.

History

Authority: T.C.A. §§ 49-1-228, 49-1-302, and 49-3-112.
Administrative History: New rules filed September 25, 2025; effective December 24, 2025.

Tenn. Comp. R. & Regs. 0520-09-02-.02 NOTIFICATION

(1) The State Board staff shall notify in writing the LEAs, public charter schools, and authorizers called for a Hearing. The notification shall be sent to the individuals listed in paragraphs (3)(a), (4)(a), and (4)(e) of State Board Rule 0520-09-02-.03 and shall, at a minimum, include:

(a) The date, time, and location of the Hearing;

(b) The basis for the LEA or public charter school and its authorizer’s selection for a Hearing as outlined in T.C.A. § 49-3-112(c) and State Board Rule 0520-09-02-.01;

(c) Required attendees, as outlined in State Board Rule 0520-09-02-.03(3) or (4), and details on how to inform the State Board of whether any of the additional attendees allowed per State Board Rule 0520-09-02-.03(5) also plan to attend;

(d) Details regarding opportunities to provide information, documentation, and data to the State Board before and during the Hearing;

(e) A list of information and documentation to be submitted to the State Board for review regarding the LEA and its school(s), or the public charter school and its authorizer; and (f) The process and deadline by which any information or documentation must be submitted to the State Board.

History

Authority: T.C.A. §§ 49-1-228, 49-1-302, and 49-3-112.
Administrative History: New rules filed September 25, 2025; effective December 24, 2025.

Tenn. Comp. R. & Regs. 0520-09-02-.03 ACCOUNTABILITY HEARING PROCEDURES

(1) The Hearings shall be conducted before a committee of the State Board (“Hearing Committee”) appointed by the State Board Chair. The Hearing Committee shall be comprised of three (3) voting members of the State Board. The Hearing Committee shall be responsible for conducting the Hearings and reporting to the full State Board, as described in State Board Rule

Tenn. Comp. R. & Regs. 0520-09-02-.04 STATE BOARD RECOMMENDATION

(1) At the conclusion of the Hearing, the Hearing Committee shall determine whether to propose to the State Board that a recommendation be made to the Department to:

(a) Audit and investigate the LEA’s or public charter school’s academic programming and spending for the “F” rated school(s) in accordance with the criteria established in State Board Policy 1.600; or (b) Require the LEA or public charter school to develop, submit to the Department for approval, and implement a corrective action plan in accordance with the criteria established in State Board Policy 1.600.

(2) The Hearing Committee shall make its proposal to the State Board as follows:

(a) For an LEA or public charter school appearing before the Hearing Committee for the first time:

A corrective action plan, as described in subparagraph (1)(b); or 2. No action.

(b) For an LEA or public charter school appearing before the Hearing Committee for a second time:

An audit and investigation, as described in subparagraph (1)(a);
A corrective action plan, if not completed following the first appearance before the Hearing Committee; or 3. No action.

Completion of a new corrective action plan developed in consultation with, monitored, and evaluated by the Department;
Audit and investigation, which may be more narrowly tailored than the audit and investigation in subparagraph (1)(a), of the LEA’s or public charter school’s academic programming and spending; or 3. No action.

(3) At a meeting following the Hearings, the Hearing Committee shall provide to the State Board a report on the Hearing that includes the Hearing Committee’s proposal. The State Board shall vote to take no action or to recommend that the Department take one (1) of the corrective actions authorized by T.C.A. § 49-3-112(c).

(4) Within ten (10) calendar days of the State Board’s vote outlined in paragraph (3), the State Board’s executive director shall notify the Department and the LEA or the public charter school and its authorizer of the recommendation in writing.

(5) The Department shall notify the State Board and the LEA or public charter school and its authorizer of its decision and rationale whether to impose the recommended corrective action within thirty (30) calendar days of the State Board’s written notification.

December, 2025 5 (6) For any corrective action required by the Department that will incur a cost, the Department shall provide to the State Board documentation and the rationale for any apportioned costs between the Department and the LEA or public charter school. The apportionment shall be subject to State Board approval.

(7) LEAs and public charter schools shall report the outcomes of a corrective action, as requested by the Department. The Department shall annually update the State Board on the status of any corrective actions recommended by the State Board.

History

Authority: T.C.A. §§ 49-1-228, 49-1-302, and 49-3-112.
Administrative History: New rules filed September 25, 2025; effective December 24, 2025.

Chapter 0520-10-01 Repealed

Tenn. Comp. R. & Regs. 0520-10-01 Repealed

RULES

OF TENNESSEE DEPARTMENT OF EDUCATION

REPEALED

Chapter 0520-11-01 Repealed

Tenn. Comp. R. & Regs. 0520-11-01 Repealed

RULES

OF TENNESSEE DEPARTMENT OF EDUCATION

REPEALED

Chapter 0520-12-01 Standards for School-Administered Child Care Programs

Tenn. Comp. R. & Regs. 0520-12-01-.01 INTRODUCTION

Pursuant to T.C.A. § 49-1-302, these rules are applicable to the following programs and are subject to monitoring by the Department of Education:

(1) Public school-administered early childhood education programs;

(2) Programs operated by private schools as defined by § 49-6-3001(c)(3);

(3) Child care provided by church affiliated schools as defined by § 49-50-801;

(4) State approved Montessori school programs;

(5) Before or after school child care programs operated pursuant to §§ 49-2-203(b)(11) and 49-6- 707;

(6) Programs providing center-based early intervention services through Tennessee Early Intervention Services; and (7) Child care provided in federally regulated programs including Title I preschools, 21st Century Community Learning Centers and all school-administered head start and even start programs.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 49-1-201(c)(24); 49-1-302(l); 49-1-1101 through 49-1-1109; 49-2- 203(b)(11); 49-5-413; and 49-6-707.
Administrative History: Original rule filed September 26, 1990; effective December 29, 1990. Amendment filed April 30, 2002; effective July 14, 2002. Amendment repealing and replacing rule filed March 15, 2010; effective August 29, 2010. Amendments filed November 2, 2017; effective February 1, 2018. Amendments filed January 25, 2019; effective April 25, 2019.

Tenn. Comp. R. & Regs. 0520-12-01-.02 DEFINITIONS

For purposes of this Chapter the following definitions are applicable:

(1) Administrative Hearing. A hearing that is held under the Uniform Administrative Procedures Act at T.C.A. §§ 4-5-101, et seq. rather than a court of law. The purpose of the hearing is to allow an agency the opportunity to challenge enforcement actions taken by the Department of Education (Department).

(2) Adolescence. The period of physical and psychological development from the onset of puberty to maturity.

(3) Annual Certificate of Approval. Certificate issued by the Department to programs that have satisfactorily completed the temporary certificate of approval time period and is reissued on an annual basis as long as the program meets the standards of the Department of Education and the rules of this Chapter.

(4) Approved Capacity. The designated maximum number of children permitted in a facility as determined by the Department based upon usable space, age of children, adult:child ratios, and group size. Capacity shall be designated on the Annual Certificate of Approval.

(5) Child. A person under eighteen (18) years of age.

(6) Child’s Age. The age of child on August 15 of any given year.

(7) Child Care. The provision of supervision, protection, and at a minimum, the basic needs of a child or children for more than three (3) hours a day, but less than twenty-four (24) hours a day.

(8) Child Care Advisory Council. A ten (10) member council established by T.C.A. § 49-1-302 to advise the State Board of Education in the establishment of child care standards and regulations and to act as a hearing tribunal for appeals from actions of the State Department of Education regarding the certificate of approval issued to child care programs.

(9) Child Care Program. Any public school-administered early childhood education programs; programs operated by private schools as defined by § 49-6-3001(c)(3); child care provided by church affiliated schools as defined by § 49-50-801; state approved Montessori school programs; before or after school child care programs operated pursuant to §§ 49-2- 203(b)(11) and 49-6-707; programs providing center-based early intervention services through Tennessee Early Intervention Services; child care provided in federally regulated programs including Title I preschools, 21st Century Community Learning Centers and all school-administered head start and even start programs.

(10) Civil Penalty. A penalty placed upon a program for each violation of a statute, rule, or order pertaining to such person or entity in an amount ranging from fifty dollars ($50.00) to one thousand dollars ($1,000.00). Each day of continued violation constitutes a separate violation as indicated by T.C.A. § 49-1-1107(c)(1).

(11) Commissioner. The executive head of the Department, appointed by the Governor.

(12) Conventional Care. Child care services provided between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday.

(13) Department (TDOE).The Tennessee Department of Education and its representatives.

(14) Developmentally Appropriate. Practices which use the knowledge of child development to identify the range of appropriate behaviors, activities, and materials for specific age groups.

This knowledge is used in conjunction with an understanding about children’s growth patterns, strengths, interests, and experiences to design the most appropriate learning environment. A developmentally appropriate curriculum provides for all areas of a child’s development, physical, emotional, social, and cognitive, through an integrated approach. For children from birth to five (5) years of age, the Tennessee Early Learning Development Standards is adopted by the State Board of Education for guidance in appropriate learning expectations.

(15) Director. The person with overall responsibility for the child care program.

(16) Group. A specific number of children comprising an age range, assigned to specific staff in an assigned space that is divided from the space of other groups by a recognizable barrier.

(17) Home School. The provision of full-time educational services, as recognized by the Department of Education, to a child by the child’s parent in the child’s primary residence. Any early childhood program attached to a home school program falls under the jurisdiction of the Department of Human Services (DHS).

(18) Infant. A child who is six (6) weeks through twelve (12) months of age.

(19) Kindergarten. A school or class that prepares children for first grade and is part of a public or private school system. Kindergarten programs in the public school system must comply with the Minimum Kindergarten Program Law pursuant to T.C.A. § 49-6-201. To enter kindergarten, a child must be five (5) years old by August 15.

(20) Law. Statutory or regulatory provisions affecting the operation of an early childhood program including, but not limited to, the law as contained in T.C.A. § 49-1-302(l) and T.C.A. §§ 49-1- 1101 through 49-1-1109, and Chapter 0520-12-01 of the State Board Rules.

(21) Mixed Age Grouping. Mixed age group can also be referred to “heterogeneous or multi-age”.

A group of children with varying ages that are combined to maximize the educational benefits in a non-traditional classroom. All mixed age group classrooms shall not exceed the maximum group size and must maintain adult:child ratios.

(22) Non-school, Community-based Organization Program. An infant/toddler, preschool or schoolage before and after school program operated through contract with the Department of Education and under the certificating authority of the Department of Education.

(23) Off-site Activity. Any activity which occurs away from the general premises of the child care program’s facility.

(24) Parent. A biological, legal, or adoptive parent, guardian, or legal or physical custodian who has primary responsibility for a child.

(25) Pre-kindergarten. A class or program prior to kindergarten for children that are four (4) years old by August 15.

(26) Preschool. A program providing child care services to children who are six (6) weeks through five (5) years of age and not in kindergarten, including children who are more specifically defined under this Chapter as an “infant” or a “toddler.”

(27) Program. Any public or private school-administered preschool, pre-kindergarten or schoolage care program, including community-based programs funded by Voluntary Pre-K, Pre-K, Lottery Education Afterschool Programs (LEAPs), and 21st Century Community Learning Center (21st CCLC) programs that serve a minimum of one (1) child, is subject to the jurisdiction of the Office of School-based Support Services. Exception: fee based and 21st CCLC funded before and after care programs that operate less than three (3) hours per day or less than fifteen (15) hours per week.

(28) Related. Any children of the following relationships by marriage, blood, or adoption; children, step-children, grandchildren, siblings, step-siblings, nieces, and nephews of the primary caregiver. The term “related” includes any “grand” or “great” relationship (e.g. great niece, great grandchild, etc.) within the relationships indicated.

(29) School-age Child. A child who is five (5) years of age and enrolled in kindergarten (K) through seventeen (17) years of age. A five (5)-year-old may be classified as a school-age child in the summer immediately preceding the child’s fall entry into kindergarten.

(30) School-administered. A program that is serving five (5) or more kindergarten (K) through grade twelve (12) students and is run by a public or private school.

(31) Staff. Full and part-time teachers, employees, or unpaid volunteers of the program.

(32) Teacher. The person, persons, entity or entities directly responsible for providing for the supervision, protection, and basic needs of the child.

(33) Temporary Certificate of Approval. A certificate issued by the Department to a new child care program allowing and authorizing the program to begin child care operations while the program attempts to attain full compliance with all applicable regulations.

(34) Toddler. A child who is eleven (11) months through twenty-three (23) months of age.

(35) Umbrella Program. An umbrella program that oversees the homeschooling of children to fulfill government educational requirements. TDOE does not recognize umbrella early childhood programs as school-administered.

(36) Youth. A person who is ten (10) years of age through seventeen (17) years of age.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 49-1-201(c)(24); 49-1-302(l); 49-1-1102; 49-2-203(b)(11); 49-2- 203(b)(11)(B); 49-6-101; and 49-6-707.
Administrative History: Original rule filed September 26, 1990; effective December 29, 1990. Amendment filed April 30, 2002; effective July 14, 2002. Amendment repealing and replacing rule filed March 15, 2010; effective August 29, 2010. Emergency rule filed August 30, 2010; effective through February 26, 2011. Emergency rule expired on February 27, 2011, and the rule reverted to its previous status. Amendment filed December 21, 2010; effective March 21, 2011. Amendments filed November 2, 2017; effective February 1, 2018. Amendments filed May 3, 2018; effective August 1, 2018. Amendments filed January 25, 2019; effective April 25, 2019.

Tenn. Comp. R. & Regs. 0520-12-01-.03 PROGRAM APPROVAL

(1) All persons or entities operating a child care program must be certified by the Department of Education (Department).

(2) A school-administered child care program seeking approval shall submit an application to the Department that contains the following information:

(a) Satisfactory evidence that the facility that is proposed for the care of children has received fire safety and environmental safety approval, that the applicant and the personnel who will care for the children are capable to care for the children and that the applicant has the ability and intent to comply with the certificate of approval law and regulations;

(b) Three (3) satisfactory references for the program director;

Tenn. Comp. R. & Regs. 0520-12-01-.04 REPEALED

History

Authority: T.C.A. §§ 4-5-201, et seq.; 49-1-201(c)(24); 49-1-302(l); 49-1-1101 through 49-1-1109; 49-2- 203(b)(11); and 49-5-413.
Administrative History: Original rule filed September 26, 1990; effective December 29, 1990. Amendment filed April 30, 2002; effective July 14, 2002. Amendment repealing and replacing rule filed March 15, 2010; effective August 29, 2010. Repeal filed November 2, 2017; effective February 1, 2018.

Tenn. Comp. R. & Regs. 0520-12-01-.05 PROGRAM ORGANIZATION AND ADMINISTRATION

(1) Each program shall have an adequate budget for the financial support of the program.

Adequate financing of the center’s operation shall be maintained throughout the year.

(a) Proposed budgets and other relevant financial records shall be available to the Department of Education upon request.

(b) If any program is the subject of any bankruptcy or receivership petition or order, or any other action that may affect the financial status or operational status of the program, including but not limited to foreclosure notices, liens, etc. or, if any program is the subject of any local, state or federal regulatory action, such as but not limited to, the fire safety, health, environmental zoning or local, state or federal grant compliance status or tax enforcement proceedings, the program’s management shall immediately notify the Department and shall provide current documentation of the status of the program, including copies of necessary administrative and/or court legal documents applicable to that status.

(2) General liability, automobile liability and medical payment insurance coverage shall be maintained on the operations of the program’s facilities and on the vehicles owned, operated or leased by the program and as follows:

(a) General liability coverage on the operations of the program’s facilities shall be maintained in a minimum amount of five hundred thousand dollars ($500,000) per occurrence and five hundred thousand dollars ($500,000) general aggregate coverage.

(b) Medical payment coverage shall be maintained in the minimum amount of five thousand dollars ($5,000) for injuries to children resulting from the operation of the program.

Automobile liability coverage shall be maintained in a minimum amount of five hundred thousand dollars ($500,000) combined single limit of liability.
Medical payment coverage shall be maintained in the minimum amount of five thousand dollars ($5,000) for injuries to children being transported in vehicles owned, operated or leased by the program.

(d) The requirements of this paragraph shall not apply to a program that is under the direct management of a self-insured administrative department of the state, a county or a municipality or any combination of those three (3) or that has, or whose parent entity has a self-insurance program that provides, as determined by the Department, the coverage and the liability limits required by these rules.

(e) Documentation that the necessary insurance is in effect, or that the administrative department or other entity is self-insured, shall be maintained in the records of the program and shall be available for review by the Department.

(3) Enrollment.

(a) A program shall not enroll a child into care until the parent or guardian has supplied the program with a completed application, Tennessee Department of Health Official immunization record (for children over two (2) months of age), and a health history.

(b) Exceptions to this immunization requirement may be made only if:

The child’s physician or the health department provides a signed and dated statement, giving a medical reason why the child should not be given a specified immunization;
The child’s parent provides a signed written statement that such immunizations conflict with his/her religious tenets and practices; or 3. Care for children of homeless families and/or children in state custody is needed before documentation of immunizations can be confirmed. Program must have a written plan for obtaining records for children who are homeless and/or in state custody.

Doe, 457 U.S. 202, 1982).

(d) Enrollment of children under six (6) weeks of age is prohibited.

(e) The program shall maintain documentation that the parent was offered an on-site visit of the program to review the facility and the opportunity to review the program’s policies and procedures prior to the child being enrolled into the program. Exception: On-site visit is not required for children of homeless families.

(f) Enrollment of children shall be allowed throughout the year, as long as the requirements set forth in these rules are met.

(4) Each program shall implement a plan for regular and ongoing communication with parents.

This plan shall include but not be limited to communication concerning curriculum, changes in personnel, or planned changes affecting children’s routine care.

(a) Parents or guardians shall be provided a parent handbook outlining the program’s policies, procedures, and the requirements of this Chapter upon admission of the child.

The program’s parent handbook shall include, at a minimum:

Criteria for the disenrollment of children (expulsion policy);
Specific criteria concerning the release of children to anyone whose behavior may place the children at immediate risk;
Behavior management techniques;
Rates and late fee policy;
Hours of operation;
Emergency plan and inclement weather policy;
Smoke free environment; and 8. Meal service policy.

(b) The program shall require the parent to sign for receipt of the policies and summary of the requirements of this Chapter, and the signed receipt shall be maintained by the program in the child’s file.

(d) An abuse prevention awareness program or abuse prevention awareness information for parents shall be offered at least once a year. The program shall include a child abuse prevention component, approved by the Department of Education, with information on the detection, reporting, and prevention of child abuse in child care centers and in the home.

(e) After issuing two (2) formal notices of violations in compliance with rules, a Notice of Probation, or after issuing any type of legal enforcement order, the Department may, in its discretion, require the program to notify parents and funding sources of the circumstances.

(f) The Department may, at its discretion, notify parents and funding sources of any decision affecting the program rendered by the State Board of Education Child Care Advisory Council serving in the role of Hearing Board for appeals or by any court.

(5) Release of Children.

(a) Parents shall give written permission in advance of the child’s removal from the premises, including prior notification and consent for each off-site activity, except in cases of emergencies or investigative procedures conducted pursuant to the child protective services laws or other applicable laws.

(b) Children shall be signed in and out of the program by the legal guardian or persons authorized on the list to pick up the child. Students transported to the program pursuant to 0520-12-01-.13 may be signed in and out by the appropriate staff person. Program staff shall verify parental authorization and the identity of any person to whom a child is released.

(c) Children shall only be released to a designated person in accordance with the child release plan. The program shall verify the identity of the authorized person by requiring presentation of a photo identification. The person to whom the child is released must sign the child out of the program.

(d) Children should not be released to anyone whose behavior, as deemed by a reasonable person, may place him/her in imminent risk. Immediately call 911, the local law enforcement agency or other emergency services number prior to the release of children. If the person, displaying risky behavior, is not the parent, the program shall not release the child and the parent shall be called immediately.

(e) During operating hours, parents shall be permitted access to their children. Programs shall develop a policy and implementation plan regarding non-custodial parent access and/or denial of access to children. The policy and implementation plan shall be provided to all parents. (The policy may be included in the parent handbook.)

(f) A parent shall be notified before the child leaves the premises except in emergency circumstances. An authorized investigator with the Department of Children’s Services or local law enforcement may take a child off the premises of the program if he/she has obtained custody of the child as follows:

Voluntary placement agreement with the parent;
Court order;
Emergency assumption of custody under T.C.A. § 37-1-113 without parental permission;
The child’s parent or legal guardian is present and approves; or 5. In conjunction with investigative procedures under the child abuse laws.

(6) Incidents, accidents and injuries shall be reported to the parent as soon as possible, but no later than the child’s release to the parent or authorized representative.

(a) Incidents, accidents and injuries to children shall be documented immediately as follows:

Date and time of occurrence;
Description of circumstances; and 3. Action(s) taken by the program.

(b) Documentation of incidents, accidents and injuries to children shall be filed in the child’s record no later than one (1) business day immediately following the occurrence.

(c) The Department shall be notified of any child fatality at the program no later than one (1) calendar day immediately following the death.

(7) All programs must comply with the following record requirements for children and staff:

(a) All records shall be maintained in an organized manner and shall be made available to the Department upon request.

(b) Children’s records shall include:

A current information form, which shall be updated annually and as changes occur and which shall include:

(i) The child’s name and date of birth;

(ii) Name of parent(s);

(iii) Child’s and parents’ home address (or addresses) and phone numbers;

(iv) Parents’ business addresses, phone numbers, and approximate work hours;

(v) Any special needs or relevant history of the child or the child’s family; and (vi) The name and address (home and business or school) of a responsible person to contact in an emergency if parent(s) cannot be located promptly.

Name, address, and telephone number of a physician to call in case of an emergency.
Written consent of parent(s) regarding emergency medical care.
A written plan stating to whom the child shall be released.
Written transportation agreement between parent and the program regarding daily transportation between home and the program and the program and school.

If parents have a third party transportation arrangement, verification and details of the arrangement shall be maintained in the child’s file.

A copy of the child’s health history provided by the child’s parent or other caretaker, which need not be signed or certified by a health care provider, shall be on file in the program and shall be available to appropriate staff.
Daily attendance records for each child to include time in and time out.
Prior written permission of parent for each off -site activity.
Immunization record.

(c) A child’s records shall be kept for one (1) year following the child’s leaving the agency; provided, however, that the health record shall be returned to the child’s parent upon request when the child leaves the agency. Records of children enrolled in prekindergarten programs may be made part of the child’s cumulative file.

(d) Additional information for infants, toddlers and all non-verbal children shall be recorded and shared with parents daily as follows: the time and amount of feeding, any incidence of excessive spitting up, toileting and/or times of diaper changes, sleep patterns, and developmental progress. Before a child under the age of thirty (30) months of age is accepted for care, the parent shall provide proof of a physical examination within three (3) months prior to admission, signed or stamped by a physician or health care provider. This record must be kept on file at the program.

(e) School-age children’s records shall include:

An information form that lists the name, address, and phone number of the school the child attends;
If the school-age program is not located within the school in which the child is enrolled, the program shall have on file a statement from the parent (or the school) that the child’s immunizations are current and that his/her health record is on file at the specified school which the child attends;
The records of any child who is five (5) years old in a center which lacks approved kindergarten status for purposes of T.C.A. § 49-6-201 shall include a signed acknowledgment from the child’s parents that recognizes that the child’s attendance does not satisfy the mandatory kindergarten prerequisite for the child ’s enrollment in first grade. The statement of acknowledgment shall be maintained in the child’s file; and 4. Written authorization from a physician for the self-administration of medication for the current school year, if applicable.

(f) Staff records shall include:

Name, birth date, social security number, (used by the employer for Federal/State tax purposes), address, and telephone number of all staff members and a contact for each staff member in an emergency;
Educational background and educational experiences, including dates and places of diplomas received, teaching license if applicable, and conferences, courses, and workshops attended throughout the year;
Documentation signed by the examining licensed physician, licensed psychologist, licensed clinician, Nurse Practitioner, or Physician’s Assistant, verifying that the staff person is capable of safely and appropriately providing care for children in a group setting. The documentation shall be on file within ten (10) calendar days of employment or starting to work. An updated statement of each staff member’s physical health shall be obtained every third (3rd) year, or more often if deemed necessary by the Department;
At least three (3) references from non-relatives, either written or with documented interviews of each reference on each staff member;
Written, verified record of employment history;
Documentation of annual performance reviews;
Daily attendance (including time in/out) of staff;
Signed and completed criminal history disclosure form;
Verification of criminal background check and Vulnerable Persons Registry results;
Documentation of trainings to include all pre-service training hours; and 11. Date of employment and date of separation from the program.
Driver records shall additionally contain:

(i) Copy of driver’s license showing proper endorsement;

(ii) Verification of a passed pre-employment drug screen;

(iii) Verification that the driver is included in every randomly generated pool of drivers for all annual random drug screening and proof of a passed drug test every time the driver is randomly selected; and (iv) Verification of Cardiopulmonary Resuscitation (CPR) and First Aid certifications. Drivers only providing transportation for field trips with a program staff on board are not required to have CPR and First Aid certification.

(g) Staff records shall be maintained for at least one (1) year following the separation of the staff from the program. Date of separation should be placed on the staff form.

(h) Records of volunteers shall be maintained and must include names, addresses, telephone numbers and dates of service of all volunteers.

(i) Records of substitutes shall be maintained and include the names, addresses, telephone numbers and dates of service of all substitutes.

(8) The program staff shall not disclose or knowingly permit the use by other persons of any information concerning a child or family except as required by law, regulation or court order, or as may be necessary to be disclosed to public authorities in the performance of their duties and which may be necessary for health, safety, or welfare of any child enrolled in the program or the child’s family.

(9) Programs shall meet the following requirements for the posting of documentation:

(a) During the hours of operation, the current certificate of approval shall be posted near the main entrance in a conspicuous location.

(b) The Department of Human Services’ toll-free complaint number shall be posted in a conspicuous location.

(c) The Department of Children’s Services’ child abuse number shall be posted near the main entrance in a conspicuous location and at each telephone.

(d) A copy of these state board rules shall be maintained in a central space and available to all staff and parents.

(e) No smoking signs shall be posted in a conspicuous manner.

(f) The program shall post any other materials as directed by the Department.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 37-1-403(a)(8); 49-1-302(l); 49-1-1101 through 49-1-1109; 49-2- 2110; 49-6-2101; 49-6-2105; 49-6-2107; 49-6-2108; 49-6-2114; 49-6-2116; 55-9-602, et seq.; 55-50-301, et seq.; and 55-50-401, et seq.
Administrative History: Original rule filed September 26, 1990; effective December 29, 1990. Amendment filed April 30, 2002; effective July 14, 2002. Amendment repealing and replacing rule filed March 15, 2010; effective August 29, 2010. Amendments filed November 2, 2017; effective February 1, 2018. Amendments filed May 3, 2018; effective August 1, 2018. Amendments filed January 25, 2019; effective April 25, 2019.

Tenn. Comp. R. & Regs. 0520-12-01-.06 PROGRAM OPERATION

(1) Each program shall maintain a system that enables all children in the program’s care to receive a level of supervision that is appropriate to their age and their development, physical and mental status so as to ensure their health and safety and that allows program personnel to know the whereabouts of each child.

(a) This system shall include a mandatory visual inspection of all areas of the building and grounds immediately prior to closing the program for the day in order to ensure that no children have been unintentionally left in any part of the program’s facilities or in any vehicles that the program uses to transport children.

(b) Children six (6) weeks of age through two (2) years of age: the adult must be able to hear the child at all times, must be able to see the child at a quick glance, and must be able to physically respond immediately.

(c) Children three (3) years through five (5) years of age shall be safely protected by an adult in close proximity and not distracted by other tasks and must be able to physically respond immediately.

(d) Children six (6) weeks of age to five (5) years of age during mealtime: An adult must be in the direct sight and sound of child/children while the child/children are eating.

(e) Children who are in kindergarten, five (5) years of age, through nine (9) years of age shall be protected by an adult who adjusts restrictions appropriately for different ages and abilities and must be able to physically respond immediately.

(f) Children ten (10) years of age through thirteen (13) years of age: The adult shall know the whereabouts and activities of the child/children at all times and must be able to physically respond immediately. Youth/children shall have the opportunity to develop independence.

(g) Children fourteen (14) years of age to eighteen (18) years of age: The adult shall know the whereabouts and activities of the children, provide age appropriate guidance and must be able to physically respond as needed.

(h) Mixed-age Groups. When children ages ten (10) and above are grouped with children under ten (10) years of age, the minimum supervision requirements must be in accordance with the supervision required for the age group of the youngest child in the group (i) Staff shall position themselves strategically for adequate supervision and quick response.

(j) Staff shall be aware of the dynamics (interactions) and activities of the entire group even when dealing with only part of the group at a time.

(k) Helper devices such as mirrors, electronic sound monitors, etc. may be used as appropriate to meet these requirements.

(l) Teachers shall monitor children’s toileting and be aware of their activities while respecting the privacy needs of the child. Programs must have a bathroom supervision plan to reflect the developmental needs of children in the classroom. Items in plan may include, but are not limited to, location of staff, times of bathroom breaks and locations, and emergency bathroom procedures.

(m) The program shall maintain a plan, approved by the Department, that enables a teacher in an emergency situation to call a second (2nd) adult who can respond quickly while maintaining as much supervision of the children in care as is possible under the circumstances.

(2) Each enrolled child shall be in a defined group based on their age and assigned to that group with a specific teacher.

(a) Maximum group size requirements shall be maintained at all times when children are indoors with the exceptions of meals served in common dining rooms, napping in common nap rooms, or outdoors on the playground.

(b) When infants are cared for in a center with older children, they shall not be grouped with children older than thirty (30) months of age and a separate area shall be provided for them.

(c) In order to assure the continuity of care for children thirty (30) months of age to five (5) years of age and their teachers, the children shall be kept with the same group throughout the day and shall not be moved, shuffled, or promoted to a new group until required based upon the developmental needs of the child; provided however, that:

For children, groups, excluding infants and toddlers, may be combined for short periods for a special activity, e.g. special assembly, visiting performers, or community helpers, etc., of no more than thirty (30) minutes duration per day as long as adult:child ratios are met.

(3) Each program shall adhere to the maximum group size and adult:child ratios required by this

Chapter.

(a) The adult:child ratios shall be maintained by the program while the children are indoors and on the playground.

(b) The maximum group size and adult:child ratio shall be based standards set forth in this

Chapter.

(c) All children physically present in the program’s facility or the program’s assigned area within the facility shall be counted in the adult:child ratio and group size.

(d) Any number of children in excess of the adult:child ratio requires a second qualified adult teacher; provided, however, that the maximum group size shall not be exceeded.

(e) When more than twelve (12) children are present on the premises, but a second adult is not required by the adult:child ratio rules contained in this Chapter, a second adult shall be physically available on the premises.

(f) If meals are served, any person responsible for preparing meals and washing the dishes shall not be included in the adult:child ratio while preparing meals or washing dishes.

(4) Programs must meet the following group size and adult:child ratios:

(a) Maximum group size and adult:child ratio for single-age grouping:

Age Group Size Adult:Child Ratio Infant (6wks-12m) 8 1:4 Toddler (11m-23m) 12 1:6 Two (2) years old 14 1:7 Three (3) years old 18 1:9 Four (4) years old 20 1:13 VPK, 619, PDG 20 1:10 (b) Maximum group size and adult:child ratio for multi-age grouping:

Age Group Size Adult:Child Ratio Infant-18 months 8 1:4 18-36 months 16 1:8 3-4 year olds only 20 1:10 3-6 years old* 24 1:13 *Not including first grade children.

(c) For children six (6) weeks through two (2) years, class assignment shall be based on the developmental needs of the child.

(d) For children age two (2) years and six (6) months on or before August 15th, if the director of schools finds through evaluation and testing, at the request of the parent or legal guardian, that a child is sufficiently mature, emotionally and academically, then the child may be permitted to enter a mixed-age three through six (3-6) year old classroom.

(e) For children three (3) years through pre-kindergarten, class assignment shall be determined based on the child’s age on August 15th. If the director of schools finds through evaluation at testing, at the request of the parent or legal guardian, that a child who has a birthdate from August 16th through September 30th is sufficiently mature, emotionally and academically, then the child may be permitted to enter the next classroom level.

(f) Group sizes or class assignments and adult:child ratios may not be adjusted based on a change to a child’s age during the school year. Schools shall not change a classroom status mid-year (e.g. from single-age to multi-age, due to a child’s age).

(g) Maximum group size and adult: child ratio during arrival and departure (1 hour prior to and end of the school day) excluding infants and toddlers:

Age Group Size Adult:Child Ratio Including 3 year olds 15 1:10 Including 4 year olds 20 1:12 (h) Maximum group size and adult: child ratio during before and after school programs for birth through five:

Age Group Adult:Child Ratio Infant – 36 months Ratio and Group size remains the same 3-4 year olds 22 1:13 4 year olds – kindergarten 24 1:16 (5) During naptime and nighttime care adult:child ratios may be relaxed so long as the children are adequately protected and all of the following requirements are met:

(a) At least one (1) adult shall be awake and supervising the children in each nap room or sleeping area;

(b) Infant/toddler ratios shall be maintained; and (c) The adult:child ratio for children ages three (3) years and above can be fifty percent (50%) of the required ratio if there are enough adults on the premises so that the adult:child ratio required for children when they are awake shall be met immediately in an emergency.

(d) Maximum group size limits do not apply as long as the appropriate adult:child ratio is met at the fifty percent (50%) level.

(6) Each program shall have a written playground supervision plan that includes:

(a) Arrival and departure procedures;

(b) Supervision assignments of staff to assure that all areas of the playground can be seen so that all children can remain within sight of the teachers;

(c) Identification of which staff will merely supervise in their assigned zone while other staff, if any, interact with children as play facilitators;

(d) Emergency plans specific to a variety of circumstances, such as, child injury, weather evacuation, toileting and other personal care needs of children or staff, etc.; and (e) A communication link among playground supervisors and a designated staff person, if available, inside the program’s facility.

(7) Programs shall meet the following requirements for off -site activities and swimming:

(a) The required adult:child ratio for preschool children shall be doubled during off-site visits.

(b) In order for parents or guardians to be included in the adult:child ratio for off-site activities, the school must have a TBI/FBI background check, child abuse check, and vulnerable person’s registry check on file for the parent or guardian.

The number of trained teachers required to be present on off-site activities shall be at a minimum, equivalent to the number that would be required in the classroom; additional adults to meet the following off-site ratios in chart below may be teachers, volunteers and/or unpaid staff.

Number of children Trained Teachers Additional Adults Total Adults Required 1 – 20 1 1 2 21 – 30 2 1 3 31 – 40 2 2 4 41 – 50 3 2 5 (d) For children age fourteen (14) to eighteen (18), the number of trained teachers required to be present on off -site activities shall yield an adult:child ratio of 1:20, additional adults to meet this ratio may be teachers, volunteers and/or unpaid staff.

(e) A minimum of two (2) adults is required for any off-site activity.

(f) Programs shall maintain a system utilizing an off-site attendance roll which tracks the whereabouts of each child while off the premises.

(g) The following requirements shall be met when children are swimming:

The following adult:child ratios shall be followed:

Age Adult:Child Ratio Infant 1:1 Thirteen (13) – thirty-five (35) months 1:2 Three (3) years old 1:4 Four (4) years old 1:6 Five (5) years old 1:8 Kindergarten – thirteen (13) years 1:10 Fourteen (14) – eighteen (18) years 1:20 2. Group swimming for infants and toddlers is not recommended.

At least one (1) adult present shall have a current certificate in advanced aquatic lifesaving skills. This person must supervise from above the level of the swimmers, preferably from an elevated lifeguard chair.
The lifeguard may not be included in the required adult:child ratio while performing lifeguard duties.
Remaining teachers should supervise both in and out of the water.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 37-1-403(a)(8); 49-1-302(l); 49-1-1101 through 49-1-1109; 49-2- 2110; 49-5-413; 49-6-2101; 49-6-2105; 49-6-2107; 49-6-2108; 49-6-2114; 49-6-2116; 49-6-3001; 55-9- 602, et seq.; 55-50-301, et seq.; 55-50-401, et seq.; and 71-3-507(g) and (h).
Administrative History: Original rule filed September 26, 1990; effective December 29, 1990. Amendment filed April 30, 2002; effective July 14, 2002. Amendment repealing and replacing rule filed March 15, 2010; effective August 29, 2010. Amendments filed November 2, 2017; effective February 1, 2018. Amendments filed May 3, 2018; effective August 1, 2018. Amendments filed January 25, 2019; effective April 25, 2019.

Tenn. Comp. R. & Regs. 0520-12-01-.07 .

(f) Program volunteers shall complete criminal history background checks and appropriate in-service training.

(g) Staff records shall be maintained for each employee with the following: educational background, reference checks, TBI check, in-service training, physical exams and reviews.

(9) Each grouping of children shall have adult supervision and shall meet the following minimum staffing requirements:

(a) Minimum staffing requirements per group:

Age Max. Group Size Adult:Child Ratio Elementary School No Max 1:20 Middle School No Max 1:30 High School No Max 1:30 (b) Swimming and field trips require ratios be doubled.

(10) All program equipment shall be in good condition and kept clean.

(11) Students shall have time for self-directed activities, as well as, adult-directed activities.

(a) Students shall have choices regarding activities and an opportunity to help plan activities.

(b) Parents shall be informed of any TV or movies or computer games to be shown.

(d) Sports and physical activity shall be offered, weather permitting.

(e) Students shall have opportunities for learning, self-expression, and enrichment activities each day.

(f) Students shall receive child abuse awareness and personal safety information.

(12) Teachers shall be knowledgeable of developmentally appropriate school-age behavior.

(a) Discipline shall be in accordance with rules and policy adopted by the program to define program objectives, student expectations, behavioral code, and discipline procedures. The rules and policy shall be made available to all participants in an accessible document such as a student handbook.

(b) No corporal punishment is allowed.

(13) Programs shall comply with the following rules for health and safety:

(a) Students shall have immunizations in accordance with this Chapter.

(b) Instructions for any student’s special health needs shall be documented.

(d) All parents shall be notified of any communicable diseases in accordance with this

Chapter.

(e) Use of medications shall be in accordance with school system’s policy for the administration of medications and health care procedures as defined by T.C.A. § 49-5- 415 and State Board of Education guidelines.

(f) Smoking and the possession or consumption of alcohol is prohibited.

(g) There shall be a staff member present at all times who has current certification in CPR and first aid training.

(h) A first aid kit must be on the premises as well as a first aid chart.

(i) There shall be no firearms on the premises.

(k) There shall be an Emergency Management Plan, a written plan to protect students in event of disaster, such as fire, tornado, earthquake, chemical spills, floods, etc.

(14) Snacks and meals (if full day program) shall be scheduled regularly.

(a) Students will receive meals and snacks based on the amount of time spent in the program.

(b) Menus shall be posted.

(15) Programs shall be in buildings that are not hazardous or dangerous to children.

(a) All facilities shall have annual fire and health inspections.

(b) All programs shall have a working telephone.

(d) Outdoor recreation/sports area shall have fifty (50) square feet per student.

(16) Programs serving students with disabilities shall follow the rules defined in this Chapter.

(a) Adaptations shall be directed towards helping the student become independent and developing self-help skills.

(b) Specialized services provided shall be documented and information shared with appropriate parties.

History

Authority: T.C.A. §§ 49-1-302(l); 49-1-1101 through 49-1-1109; and 49-6-707.
Administrative History: Original rule filed March 15, 2010; effective August 29, 2010. Amendments filed November 2, 2017; effective February 1, 2018. Amendments filed January 25, 2019; effective April 25, 2019.

Tenn. Comp. R. & Regs. 0520-12-01-.15 SCHOOL-AGE BEFORE AND AFTER SCHOOL PROGRAMS

(1) All before and after school programs shall have an adequate budget.

(2) Records shall be kept on all school-age students enrolled in each program.

(3) Each program shall post their annual certificate of approval and provide parents with a copy of the policies and procedures.

(4) Parents shall have access to all areas of the program when the student is present.

(5) Immediate access to all areas of the school or program shall be granted to all Department representatives and other inspection authorities (i.e., fire safety, sanitation, health, etc.) during operating hours.

(6) Any program found in operation without oversight from the Department of Education will be reported to local authorities as indicated by T.C.A. § 49-1-1105(a).

(7) If the program provides transportation, the transportation shall be in accordance with the rules of this Chapter.

(8) Staff.

(a) Each program shall have a director responsible for the day to day operations, including staff and program.

The director shall be at least twenty-one (21) years of age and shall have at least a high school diploma and four (4) years’ experience working with school-age students.
Directors shall have eighteen (18) hours in-service training each year.
A person shall be designated to serve as acting director when the director is absent.

(b) All staff shall be a minimum of eighteen (18) years of age and one (1) staff member in each group shall have a high school diploma.

High school students in grade twelve (12) may work in before or after school programs but shall not count in ratios and shall not be left alone with children. 2.

All staff shall have twelve (12) hours of in-service training each year.

(c) All staff shall be physically, mentally, and emotionally stable and shall have knowledge of school-age behavior and development.

(d) All new employees shall have orientation and training on the following prior to assuming duties:

Abusive head trauma;
Emergency preparedness;
Health and safety;
Developmentally appropriate practice;
Effective afterschool programming;
Supervision;
Parent communication; and 8. Any additional training identified by the Department.

(e) Staff shall be in compliance with all cri minal history background checks required under

Tenn. Comp. R. & Regs. 0520-12-01-.08 REPEALED

History

Authority: T.C.A. §§ 4-5-201, et seq.; 49-1-201(c)(24); 49-1-302(l); 49-1-1101 through 49-1-1109; and 49-2-203(b)(11) and Executive Order No. 24 (November 11, 1988).
Administrative History: Original rule filed September 26, 1990; effective December 29, 1990. Amendment filed April 30, 2002; effective July 14, 2002. Amendment repealing and replacing rule filed March 15, 2010; effective August 29, 2010. Repeal filed November 2, 2017; effective February 1, 2018.

Tenn. Comp. R. & Regs. 0520-12-01-.09 PROGRAM REQUIREMENTS

(1) Educational activities shall be based on developmentally appropriate educational practices.

(a) Infant/Toddler classrooms ages six (6) weeks-twenty-four (24) months must show evidence that children are provided the opportunity to: (See TNELDS standards for Birth-48 months)

Sit and listen to teacher read aloud to him/her individually and in a group daily;
Engage in interactive play that includes activities such as movement, dance, musical games, and pretend play that encourages the use of both large and small muscles;
Engage in meaningful conversations with teachers;
Engage in touching, feeling, and identify a variety of known and unknown objects;
Explore a variety of culturally diverse books that encourage early literacy skill development and increase children’s knowledge about the world around them.

These books should represent different genres, i.e. poetry, nonfiction, fiction, informational texts, etc.; and 6. Experience daily tummy time.

(b) Preschool/Pre-K classrooms ages twenty-four (24) months to five (5) years must show evidence that children are provided the opportunity to: (See TNELDS standards for 48 months to kindergarten)

Sit and listen to teacher read aloud to him/her individually and in group daily;
Engage in pretend play;
Engage with developmentally appropriate educational and open-ended materials, i.e. blocks, clay, sand;
Engage in meaningful conversations with peers and teachers;
Write, create books, and engage with print rich materials;
Engage with a variety of culturally diverse books and materials that encourage early literacy skills in concepts about print, genres, letter identification, beginning sounds, etc.;
Engage in a variety of activities that support number sense, mathematical thinking, and understanding; and 8. Help with daily classroom and self-care routines.

(c) Children enrolled in any LEA pre-kindergarten program must participate in an educational curriculum that is aligned with the Tennessee early learning developmental standards.

(d) Staff shall plan ahead for developmentally appropriate activities and written lesson plans shall be provided for children of each age group.

(e) There shall be a balance between child’s choice and adult-directed activities.

(f) A daily program shall provide opportunities for learning, self-expression, and participation in a variety of creative activities such as art, music, literature, dramatic play, science, and health.

(2) Non-educational program activities shall be stimulating and developmentally appropriate.

(a) Any technology children engage in shall be developmentally appropriate, previewed by staff for content, approved by parents, and shall not exceed two (2) hours per day.

(b) There shall be alternating periods of vigorous activit y and rest throughout the day.

(c) Children shall not be left in restraining devices such as swings, car seats, or high chairs (in excess of thirty (30) minutes). Stimulation shall be provided to children in those settings.

(d) Opportunities shall be provided for children to interact with one another.

(e) Opportunities shall be provided for children to be by themselves to play alone or do homework, if they choose, in a small quiet area away from other activities.

(f) Youth ten (10) years and older shall be encouraged to participate in the planning of their schedules and activities.

(g) Indoor physical activities, requiring children to use both large and small muscles, shall be provided for children of each age group.

(h) For infants and toddlers, a portion of the day shall include floor time for activities that develop physical, social, language and cognitive skills.

(i) Infants and toddlers shall have language experiences with adults on a daily basis.

(3) For ages three (3) through school-age, the program curriculum shall include instruction in personal safety.

(a) The personal safety curriculum shall include a Department-recognized component on the prevention of child abuse, based upon Department curriculum guidelines. The program may choose terminology and instructional methods for this curriculum with a goal of providing clear, effective and appropriate instruction to the children in personal safety, including the prevention of child abuse.

(b) The personal safety curriculum used by the program shall be made available to the parents and legal guardians for review.

(c) The record of each enrolled child shall include a copy of the signed notification form acknowledging that parents/legal guardians have been provided an opportunity to review the agency’s personal safety curriculum, and have been notified of the sexual abuse/personal safety curriculum for their child.

(d) If parents/legal guardians have questions regarding the personal safety component of the curriculum, a representative of the program shall meet with the parent/legal guardian to discuss the personal safety component of the curriculum.

(e) For school-age children, the personal safety curriculum is integrated in the Health and Wellness curriculum during the school day for K-12 students. The school-age children enrolled in the program shall be provided information on reporting physical, verbal or sexual abuse to the students.

(f) Children, enrolled in a school-administered pre-kindergarten program, shall participate in an educational curriculum, aligned with the Tennessee Early Learning Developmental Standards as required by T.C.A. § 49-6-104(b)(5).

(4) An opportunity for outdoor play shall be extended to children of all ages who are in care more than three (3) daylight hours; provided, however, for programs where outdoor play is prohibitive or dangerous, as determined at the discretion of the Department, unoccupied indoor space providing fifty (50) square feet per child is acceptable.

(a) Children shall be provided an opportunity for outdoor play when the temperature range is between thirty-two (32) degrees and ninety-five (95) degrees Fahrenheit and not raining.

(b) Teachers shall be alert for signs of dehydration, heat stroke, frostbite, etc., dependent upon the season.

(c) Each agency shall develop a set of age appropriate playground rules that uses positive language. Rules shall be posted in each play area.

(5) Programs shall meet the following behavior management criteria:

(a) Discipline shall be reasonable, appropriate, and in terms the children can understand.

(b) Discipline that is shaming, humiliating, frightening, verbally abusive, or injurious to children shall not be used.

(d) Spanking or any other type of corporal punishment is prohibited.

(e) Praise and encouragement of good behavior shall be used.

(f) Time out shall be reasonable and developmentally appropriate.

Time out shall take place in an appropriate location based upon the development of the child.
The length of each time out session shall be based on the age of the child and shall not exceed one (1) minute per each year of age of the child; provided, however, that in no event shall any child below the age of thirty-six (36) months be placed in time-out for more than three (3) minutes, and no child between thirty-six (36) months and sixty (60) months of age shall be place in time-out for longer than five (5) minutes.

(6) Toilet training shall never be started until a child has been in the program long enough to feel comfortable and is able to communicate their need to use the bathroom. Children shall not be made to sit on the toilet for more than five (5) minutes.

(7) Children shall not be in care for more than twelve (12) hours in a twenty-four (24) hour period except in special circumstances (e.g., acute illness of or injury to parents, severe weather conditions, natural disaster, and unusual work hours). In such cases every effort shall be made to minimize the amount of time spent in the program by exploring and documenting alternatives (i.e., part-time care, care with a relative, etc.) Individualized plans for the care of a child in excess of twelve (12) hours due to special circumstances shall be signed by the parent and the director/administrator and must be approved by the Department. Plans shall be updated annually.

(8) When more than twelve (12) school-age children in first (1st) grade and above are present, a separate group, a separate space, and a separate program type shall be provided for them.

(9) Routines such as snacks, meals, and rest shall occur at approximately the same time each day.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 37-1-403; 37-1-601; 37-1-603; 49-1-302(l); 49-1-1101 through 49- 1-1109; and 49-6-104.
Administrative History: Original rule filed September 26, 1990; effective December 29, 1990. Amendment filed April 30, 2002; effective July 14, 2002. Amendment repealing and replacing rule filed March 15, 2010; effective August 29, 2010. Amendments filed November 2, 2017; effective February 1, 2018. Amendments filed May 3, 2018; effective August 1, 2018. Amendments filed January 25, 2019; effective April 25, 2019.

Tenn. Comp. R. & Regs. 0520-12-01-.10 HEALTH AND SAFETY

(1) Current and comprehensive first aid information shall be available to all staff who interact with children. A standard first aid kit (for example, one (1) approved by the American Red Cross) shall be available to all staff, and all staff shall be familiar with its contents and use. Each Program shall provide periodic training and updates on basic first aid and the use of the first aid kit.

(2) At least one (1) staff member who has current certification in first aid from a certifying organization recognized by the Department shall be on duty at all times. The first aid certification course shall be a minimum of three (3) hours and shall be taught by a certified first aid instructor.

(3) At least one half (1/2) of the staff members on duty shall hold current certification in Infant/Pediatric Cardiopulmonary Resuscitation (CPR) from the American Red Cross, the American Heart Association, or other certifying organization, as recognized by the Department.

(a) The initial CPR course shall be a minimum of four (4) hours and shall be taught by an individual currently certified, as recognized by the Department, to provide CPR instruction.

(b) When school-age children are present, and/or in a school-age only Program, at least one (1) staff member shall hold current certification in adult CPR.

(4) Each Program, in consultation with appropriate local authorities, shall develop a written plan to protect children in the event of disaster such as, but not limited to, fire, tornado, earthquake, chemical spills, floods, etc. and shall inform parents of the plan.

(a) The Program shall implement these emergency procedures through timely practice drills to meet local regulations and local emergency services plans and shall maintain documentation of drills for one (1) year.

(b) Extended Care: At least one (1) of these drills shall be conducted during extended care hours.

(5) Smoking is not permitted on the premises of a childcare Program.

(6) The consumption or possession of alcohol is not permitted on the premises of a childcare Program.

(7) Firearms shall not be on the premises of a childcare Program, or in any vehicle used to transport children or in the presence of a child.

(8) Kitchen knives and other potentially dangerous utensils or tools shall be secured so that they are not accessible to children.

(9) Staff’s personal belongings (such as, but not limited to, contents of purses, backpacks, coat pockets, diaper bags, etc.) shall be inaccessible to children at all times.

(10) The following emergency telephone numbers shall be posted next to all telephones and be readily available to any staff member:

(a) Fire department;

(b) Police department/sheriff;

(d) Child abuse hotline;

(e) Local emergency management agency;

(f) Ambulance or rescue squad;

(g) Poison control center;

(h) 911 or a similar generic number operated in the community; and (i) Contact numbers for parents.

(11) Programs shall comply with the following rules for the health of children:

(a) All children shall be checked upon arrival and observed for signs of communicable disease during the day.

(b) A child’s temperature should be taken using a non-invasive method unless otherwise prescribed by a physician. Symptomatic children shall be removed from the group until parents are contacted and health issues are resolved.

(c) Impetigo and diagnosed strep shall be treated appropriately for twenty-four (24) hours prior to readmission of the child to the Program.

(d) Children diagnosed with scabies or lice shall have proof of treatment prior to readmission.

(e) The Program may not provide care and/or isolation for a child with contagious condition unless written instructions are obtained from a licensed physician or certified health care provider.

(f) All children born in countries other than the United States, Canada, Western Europe, Australia, New Zealand, and Japan shall present evidence of a tuberculin skin test performed in the United States at any time after twelve (12) months of age. Any child with a positive tuberculin skin test shall be referred to a physician for evaluation. After the initial evaluation, future periodic screening is not required unless the child develops persistent pulmonary symptoms or there is contact with tuberculosis.

(g) Staff shall make every reasonable attempt to notify parents or guardians immediately when a child shows signs of serious illness, including but not limited to, high temperature, disorientation, coughing, vomiting or diarrhea with blood present, severe difficulty breathing, seizure, etc. to arrange for emergency treatment.

(h) In no event shall the Program delay seeking emergency treatment due to a delay in making contact with the parent or guardian.

(i) Parents or guardians of every child enrolled shall be notified immediately if one (1) of the following communicable diseases has been introduced into the Program:

Hepatitis A;
Food borne outbreaks;
Salmonella;
Shigella;
Measles, mumps, and/or rubella;
Pertussis;
Polio;
Influenza type A or B;
Meningococcal meningitis;
Staphylococcus aureus; and 11. Any other illness identified by the state or local Department of Health.

(j) The Program shall report the occurrence of any of the above diseases to the local health department as soon as possible, but no later than the end of the day in which it occurred.

(12) Program staff shall make every reasonable attempt to notify parents or guardians immediately when a child sustains serious injury/injuries, including but not limited to, massive bleeding, broken bones, head injuries, possible internal injury, etc., to arrange for emergency treatment.

(13) Tuberculosis (TB) screening prior to on-going contact with children is recommended for any individual who:

(a) Was born in a country other than the United States, Canada, Western Europe, Australia, New Zealand, and Japan;

(b) Has a weakened immune system (including but not limited to Human Immunodeficiency Virus (HIV), cancer, taking chemotherapy drugs, etc.); or (c) Has been recently exposed to tuberculosis.

(14) The administration of medication shall be in compliance with the following:

(a) All medications, prescription and non-prescription shall be received from the parent or guardian by a designated staff person or management level staff person. An alternate staff person shall be available to administer medication in the event the designated staff person is absent.

(b) The designated staff person shall document verification of the following:

The parent’s or guardian’s written authorization to administer medication and instructions on the methods of administration;
That medicines or drugs are in the original prescription container, are not out of date, and are labeled with the child’s name; and 3. The specific dosage and times medication is to be administered to the child.

(c) The following documentation of administration shall be maintained in the child’s file and a copy provided to the parent or guardian:

Times medications administered;
Noticeable side effects; and 3. Name of staff person administering medication to child.

(d) The parent or guardian of a child receiving medication shall sign documentation verifying the receipt of documentation of administration required by subparagraph (c) above and that all unused medication was returned to the parent or guardian.

(e) Medication shall not be handled by children, with the exception of children with a physician’s authorization for the self-administration of a medication. Assistance to school-age children self-administering medication must be in accordance with Guidelines for Use of Health Care Professionals and Health Care Procedures in a School Setting.

(f) Medication shall never be administered in bottles or infant feeders unless authorized by a physician.

(g) All medicines, prescription and non-prescription shall be stored in a locked compartment or container.

If medicine requiring refrigeration is kept in a refrigerator the medicine shall be put in a leak-proof locked container.
Keys for these compartments shall be inaccessible to children.
Medication requiring emergency administration, as directed by the physician, nurse practitioner or physician’s assistant, e.g., “EpiPen,” asthma inhaler, etc., may be kept in an unlocked container that is inaccessible to children.

(h) Public school-administered Programs shall follow the procedures for student medications defined in the School Health policy, adopted by the Local Education Agency.

(15) The following safe sleep practices shall be followed:

(a) Infants shall be positioned on their backs when placed in a crib for sleeping.

(b) A crib shall only have a tight-fitting sheet; soft bedding for infants is prohibited.

(d) Infants should be dressed lightly for sleep and the room temperature shall be in a range that is comfortable for a lightly clothed adult. Infants may be clothed in sleep sacks that have been approved by the Consumer Product Safety Commission and the Tennessee Department of Health as long as the sleep sack is not handmade, not on the recall list, and children are able to move their arms freely while wearing the sleep sack.

(e) Infants that fall asleep during tummy time shall be placed in their crib immediately.

(f) Infants shall be touched by a teacher every fifteen (15) minutes in order to check breathing and body temperature.

(g) Pillows and blankets shall be prohibited for infants.

(h) If a child appears not to be breathing, the Program must immediately begin CPR and call for emergency medical assistance.

(i) Before any teacher can assume duties of any type in an infant room they must be oriented in the foregoing sudden infant death syndrome (SIDS) procedures.

(j) The areas where infants sleep shall have adequate lighting which allows the teacher to quickly, at a glance, verify that the child’s head is uncovered, that the child is breathing, and otherwise visually verify the child’s condition.

(16) For the protection of children and adults, the Centers for Disease Control guidelines for hand washing and diapering procedures shall be followed. Hand sanitizer shall not be a substitute for soap and water and shall be kept out of reach of children.

(17) Diapering shall comply with the following:

(a) Children shall be diapered/changed and cleaned immediately when wet or soiled.

(b) The diapering area and/or toilet training area shall be located near a hand washing lavatory and shall be located in a separate area from the food preparation/service area.

(c) All diapering surfaces must be off the floor, and nonporous and shall be sanitized using solutions for general cleaning and sanitizing purposes, including:

For general cleaning and sanitizing purposes, a fresh solution of one quarter (1/4) cup chlorine bleach to one (1) gallon of water (or one (1) tablespoon bleach to one (1) quart of water) shall be made daily.
Substitutions for the bleach solution required in part 1. above that are approved for the childcare setting by the Department of Health are permissible.
The solution required in part 1. above is not appropriate for items associated with food preparation or for items that children frequently place in their mouths, and the Health Department does not permit the use of higher concentrations than these in food preparation areas. Specific jurisdictions may have even more stringent requirements; therefore, the local health department should be consulted.

(d) A tightly covered container with plastic liner shall be used for diaper disposal and shall be inaccessible to children. This container shall be emptied by closing the liner and disposing of it in an outside receptacle.

(18) Program equipment shall meet the following safety requirements:

(a) Manufacturer’s safety instructions shall be followed for the use and/or installation of all indoor and outdoor equipment and appliances. Such instructions shall be retained and communicated to all appropriate staff.

(b) All indoor and outdoor equipment shall be well made and safe. There shall be no dangerous angles, sharp edges, splinters, nails sticking out, open S-hooks or pinch points within children’s reach.

(d) Damaged equipment shall be repaired or removed from the room or playground immediately.

(e) Equipment shall be kept clean by washing frequently with soap and water.

(f) There shall be developmentally appropriate equipment and furnishings for each age group in attendance.

(g) Individual lockers, separate hooks and shelves or other containers, placed at children’s reaching level, shall be provided for the belongings of each child, ages infant – preschool.

(h) In infant/toddler rooms, equipment and space shall be provided for climbing, crawling, and pulling without the restraint of playpens or cribs.

(i) A place shall be provided for each school-age child’s belongings.

(j) There shall be equipment for napping or sleeping for each preschool child who is in care for six (6) hours or more.

A quiet rest area and cots or mats shall be available for children who want to rest or nap. However, no child shall be forced to nap.
No child shall be forced to stay on a cot or on a mat for an extended period of time.
In order to avoid the spread of airborne diseases, children shall be positioned on mats in a face-to-feet alternating pattern.
Spacing of cots, cribs, and mats shall allow sufficient space to walk between them.
All nap/sleep equipment shall be in good condition and comply with the following requirements:

(i) Individual cots or two-inch (2”) mats shall be provided for children ages twelve (12) months to five (5) years.

(ii) Individual beds or cots shall be provided for children sleeping for extended periods of more than two and one-half (2-1/2) hours, such as during nighttime care.

(iii) Each child under twelve (12) months shall have an individual, freestanding, crib at least twenty-two inches (22”) x thirty-six inches (36”) with an open top.

(iv) Mattresses and foam pads shall be covered with safe, waterproof material.

(v) A clean sheet or towel shall be used to cover whatever the child sleeps on.

(vi) A clean coverlet shall be available to each child.

(vii) Soiled sheets and coverlets shall be replaced immediately.

(viii) Each crib, cot, bed or mat shall be labeled to assure that each child naps on his own bedding.

Crib mattress shall not be positioned directly on the floor for napping. Pack ‘n plays may be used for naptime.

(19) All Program staff, including volunteers, are individually responsible, and are required by T.C.A. §§ 37-1-403, 37-1-605, and 49-6-1601 to immediately report any knowledge or reasonable cause for suspicion of child abuse or neglect, or child sexual abuse, including, but not limited to, any statement from a child reasonably indicating abuse/neglect of that child or another child or any evidence of abuse or neglect observed on a child, to the Department of Children’s Services and law enforcement.

(20) If the information is received from a child, the following procedures shall be followed:

(a) If a child voluntarily discloses information about possible abuse to Program staff or a volunteer in a Program, then the child shall be provided with a quiet and private place to speak and the person receiving the information shall listen openly and speak at the child’s level in a positive, non-judgmental tone.

(b)

The person receiving the information from the child shall:

Allow the child to say what happened in the child’s own words;
Avoid conducting an investigation by asking the child detailed questions;
Make every effort to write down the child’s exact words;
Refrain from making any statements to the child about the alleged abuse, the alleged abuser, or the consequences of the child reporting the alleged abuse; and 5. Immediately notify the Program child abuse coordinator and report the information to the Department of Children’s Services and law enforcement, provided, however, when the alleged abuse involves someone employed by, previously employed by, or otherwise affiliated with the Program, the report may be made directly to the Department of Children’s Services and law enforcement prior to notifying the Program child abuse coordinator. This requirement does not relieve a Program teacher, Program official, or other Program personnel from the duty to report alleged abuse under federal law.

(21) If a third party informs a Program personnel of a reasonable suspicion that a child at the Program may be the victim of child abuse or neglect, or child sexual abuse, then the Program personnel must:

(a) Encourage the third party to report the suspicion to the Department of Children’s Services and law enforcement;

(b) Notify the Program’s child abuse coordinator; and (c) Report all information received from the third party to the Department of Children’s Services and law enforcement.

(22) Each Program shall designate a child abuse coordinator and an alternate child abuse coordinator. The designation of an alternative child abuse coordinator is not required when only one (1) adult is employed by or responsible for the care of children at the Program. The child abuse coordinator and alternative child abuse coordinator must:

(a) Have access to an area providing privacy and access to a telephone for reporting suspected child abuse, neglect, and child sexual abuse;

(b) Receive training as required by T.C.A. § 49-6-1601(c)(2);

(c) Be available for Program personnel to share information about suspected child abuse, neglect, and child sexual abuse;

(d) Assist Program personnel in reporting suspected child abuse, neglect, and child sexual abuse to the Department of Children’s Services and law enforcement;

(e) Serve as a liaison between the Program, the Department of Children’s Services, and law enforcement;

(f) Assist the Department of Children’s Services and law enforcement by sharing available information regarding suspected child abuse, neglect, and child sexual abuse, and by providing a private area within the Program for Department of Children’s Services and law enforcement personnel to meet with the child and the reporting Program personnel as a group or individually if required; and (g) Maintain confidential files in accordance with T.C.A. §§ 37-5-107 and 37-1-612 regarding all reported suspicions of child abuse, neglect, and child sexual abuse.

(23) All Program staff shall receive annual training regarding the procedures to report child abuse, neglect, and child sexual abuse as is required by T.C.A. § 37-1-408.

(24) The Program shall not attempt to validate the allegation prior to making a report. A final determination of the validity of the report of child abuse or neglect, or child sexual abuse shall be made exclusively by the Department of Children’s Services and law enforcement upon the report by the Program’s staff.

(25) The Program shall not develop or implement policy that inhibits, interferes with or otherwise affects the duty of any staff, including substitutes and volunteers, to report suspected abuse, neglect, or sexual abuse of a child as required by this rule and T.C.A. §§ 37-1-403, 37-1-605, and 49-6-1601 and shall not otherwise directly or indirectly require staff to report to the Program management or child abuse coordinator or seek the approval of Program management or child abuse coordinator prior to any individual staff member reporting the suspected abuse, neglect, or sexual abuse to the Department of Children’s Services and law enforcement.

(26) A report of suspected child abuse or neglect, or sexual abuse of a child enrolled in the Program by a Program staff member or volunteer shall not be made to any other entities or persons, including, but not limited to, hospitals, physicians, or educational institutions as an alternative to or substitute for the reporting requirements to the persons or entities specifically listed in this rule.

(27) A Program staff member or volunteer shall not suggest to, advise or direct a parent or caretaker of a child enrolled in the Program to make a report of suspected child abuse or neglect, or child sexual abuse regarding that parent’s or caretaker’s own child who is enrolled in the Program as a means of fulfilling the duty of the Program staff member or volunteer to report child abuse or neglect, or child sexual abuse as required by T.C.A. §§ 37-1-403, 37-1-605, and 49-6-1601.

(28) Program personnel should be observant of any bruising, injury, markings, or other unusual behavior that may be the result of child abuse or neglect, or child sexual abuse, and immediately coordinate with the Program’s child abuse coordinator to report any suspicions to the Department of Children’s Services and law enforcement. However, photographs of such bruising, injury, or markings shall not be taken by any Program personnel.

(29) Any action that does not comply in all respects with these rules, will not fulfill the statutory duty to report child abuse or neglect, or child sexual abuse and the certification of approval requirements of this Chapter.

(a) Failure to make the reports required by this Chapter or the use of prohibited methods as an attempt to fulfill the duty to report suspected child abuse or neglect, or child sexual abuse, for children in the care of the Program are, by themselves, grounds for suspension, denial or revocation of the Program’s certificate of approval.

(b) If the facts established by a preponderance of the evidence indicate that there has not been strict compliance with the requirements of this Chapter or that the prohibited procedures have been utilized as an alternative means of fulfilling the requirements, these circumstances shall create a rebuttable presumption for the Administrative Law Judge and the Child Care Advisory Council Review Board that the duty to report child abuse or neglect, or child sexual abuse, has not been fulfilled, and this ground for suspension, denial, or revocation of the Program’s certificate of approval by the Department of Education shall be sustained unless such presumption is rebutted by a preponderance of the evidence.

(c) All Program staff and volunteers in a Program certified as approved by the Department of Education shall fully cooperate with all agencies involved in the investigation of child abuse or neglect, or child sexual abuse.

The Program shall provide access to records of children and staff.
The Program shall allow appropriate investigators to interview children and staff.
The Program shall not interfere with a child abuse or neglect, or child sexual abuse, investigation.
The Program shall protect the child by requesting the investigator’s identification.
The Program shall maintain confidentiality of the investigation and shall not disclose the investigation or details of the investigation except as required to carry out procedures for the protection of children or as otherwise directed by the Department of Children’s Services, law enforcement or the Department of Education.

(d) Upon notification of a pending child abuse or neglect, or child sexual abuse investigation of any Program staff member, the Program shall enter into a safety plan with the Department regarding the individual’s access to the Program and the children in the care of the Program.

History

Authority: T.C.A. §§ 37-1-401, et seq.; 37-1-601, et seq.; 49-1-302; 49-1-1101 through 49-1-1109; 49-6- 1601; 49-6-5001; and 49-6-5002; and 20 U.S.C. § 6081.
Administrative History: Original rule filed April 30, 2002; effectiv e July 14, 2002. Amendment repealing and replacing rule filed March 15, 2010; effective August 29, 2010. Amendment filed June 18, 2013; effective November 28, 2013. Amendments filed November 2, 2017; effective February 1, 2018. Amendments filed May 3, 2018; effective August 1, 2018. Amendments filed January 25, 2019; effective April 25, 2019. Amendments filed April 1, 2021; effective June 30, 2021. Amendments filed July 20, 2023; effective October 18, 2023.

Tenn. Comp. R. & Regs. 0520-12-01-.11 FOOD

(1) If the program provides meals, the program shall provide developmentally appropriate meals, snacks, and drinks for each child that are of sufficient proportions and nutritional value to meet each child’s health needs in accordance with the following minimum requirements:

(a) For children in the agency at least four (4) hours, one (1) snack shall be provided, unless the four (4) hour period covers a normal meal hour, in which case a meal shall be served. However, if the child is fed their meal at home or in school, the child shall be served two (2) snacks in lieu of a meal.

(b) Children in care five (5) to six (6) hours shall be provided one (1) meal and one (1) or two (2) snacks. However, if the child is fed their meal at home or in school, the child shall be served two (2) snacks in lieu of a meal.

(d) Children in care for longer than ten (10) hours shall be provided two (2) complete meals and one (1) or two (2) snacks.

(e) A meal shall be provided to children who arrive before 7:00 a.m. and who have not had breakfast at home.

(f) Foods high in sugar and/or fat content but containing low nutritional value, shall not be served.

(g) All special needs diets shall be prepared as prescribed by a physician or by the written instructions of the parent.

(h) In order for parents to be aware of the food their children are receiving, the week’s menus shall be planned and posted by the first day of each week and remain posted throughout the week. These menus shall be followed, although reasonable substitutions are permissible, if the substituted food contains the same nutrients. Any change shall be documented in advance of the meal.

(i) Food shall not be forced on or withheld from children.

(j) Programs must establish a feeding schedule for infants.

(k) Bottled breast milk, infant bottles, and formula shall not be heated in a microwave.

(l) Infants must be held while bottle feeding.

(m) Children shall not be permitted to carry a bottle with them throughout the day.

(2) The following rules shall be followed for meal service:

(a) Teachers and children shall wash their hands with soap and water.

(b) High chairs and tables on which food is prepared and served shall be washed with soap and water and sanitized prior to and after snacks and meals.

(c) Floors under tables and high chairs on which food is served shall be swept and/or vacuumed after each meal and cleaned as needed.

(d) Solid foods (including cereal) shall not be given in bottles or with infant feeders to children with normal eating abilities unless authorized by a physician. Violation of this

rule may result in suspension, revocation or denial of the agency’s ability under its certificate of approval to provide infant care.

(e) To avoid choking, foods shall be appropriately sized for the eating and chewing abilities of children.

(f) At mealtime, children shall be seated at appropriately sized tables and chairs, and adults shall supervise them.

(3) The following guidelines shall be followed for formula and food brought from home:

(a) All formulas and food brought from home shall be labeled with the child’s name.

(b) Milk shall be placed immediately in the refrigerator.

(d) For optimum digestion, formula is to be served at body temperature.

(e) Frozen breast milk shall be dated when expressed.

(f) All formulas remaining in bottles after feeding shall be discarded.

(g) Previously opened baby food jars shall not be accepted in the center. If food is fed directly from the jar by the teacher, the jar shall be used for only one feeding.

(4) Microwaves, bottle warmers, and crock pots shall be only used by adults and shall not be accessible to children. All devices shall be used on the lowest setting. Children shall not be held while removing a bottle from crock pot or warming device.

(5) Infants shall be held while being fed as long as they are unable to sit in a high chair, an infant seat, or at the table.

(6) Children shall always be restrained in the high chair manufacturer’s restraint device while sitting in a high chair. Children who are too small or are too large to be restrained using the manufacturer’s restraint device shall not be placed in a high chair.

(7) When children are capable of using a high chair, they shall be allowed to do so and to experiment with food, with feeding themselves, and to eat with fingers or spoon.

(8) Children shall never be left without adult supervision while eating.

(9) The following rules for food storage shall be followed:

(a) Potentially hazardous foods requiring cold storage shall be maintained at forty-five (45) degrees Fahrenheit (F) or below, and accurate thermometers for measurement of the food temperature shall be kept in the refrigerators where such food is stored.

(b) Potentially hazardous food requiring hot storage shall be maintained at an internal temperature of one hundred forty (140) degrees F or above.

(d) Thermometers shall be placed in all freezers and all other cold storage equipment.

(e) All dry food supplies shall be stored in closed containers. These foods shall be stored in a manner to prevent possible contamination and to allow for proper cleaning of the storage area. Containers of food shall be stored at a minimum of six (6) inches above the floor or on movable dollies.

(f) All food shall be protected from contamination during storage, preparation, transportation, and serving.

(g) No poisonous or toxic materials except those required for sanitization purposes may be used or stored in a food-service area of a facility.

(10) The following rules for food sanitation shall be followed:

(a) Raw fruits and vegetables shall be washed before use.

(b) Utensils shall be thoroughly cleaned and sanitized after each use. Single-service utensils shall be made from non-toxic materials and shall be discarded following use.

(c) Milk and food shall not be placed on the table longer than fifteen (15) minutes prior to the beginning of the meal to avoid contamination and spoilage.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 49-1-302(l); and 49-1-1101 through 49-1-1109.
Administrative History: Original rule filed April 30, 2002; effective July 14, 2002. Amendment repealing and replacing rule filed March 15, 2010; effective August 29, 2010. Amendments filed November 2, 2017; effective February 1, 2018. Amendments filed January 25, 2019; effective April 25, 2019.

Tenn. Comp. R. & Regs. 0520-12-01-.12 PHYSICAL FACILITIES

(1) Physical facilities shall maintain compliance with all applicable health and safety codes throughout the certification year and shall additionally comply with any updated standards issued by the Fire Marshal and the Department of Health.

(2) All facilities shall have a means of communications via phone.

(3) The maximum number of children who may be present inside a physical space (e.g., the program’s “certificated capacity”) shall be determined in accordance with the minimum square footages set forth in this paragraph; provided, however, the Department may, in its discretion as determined reasonably necessary to maintain the health and safety of the children in care, restrict the program’s certificated capacity below the maximum which is set forth in these rules.

(a) A minimum of thirty (30) square feet of usable indoor space shall be provided for each child.

(b) Career and technical child care classes shall have separate space for the group of young children, with thirty (30) square feet per child of usable space, apart from the classroom space for students.

Usable space to be included in the square footage calculation includes:

(i) Book shelves used in centers or reading nooks;

(ii) Children’s tables (centers, sand and water, etc.);

(iii) Shelving used to house toys, blocks, manipulatives, etc.; and (iv) Other items that are used to enhance a child’s learning space.

Non-usable space that shall not be included in the square footage calculation includes:

(i) Teacher’s desk;

(ii) Teacher’s file cabinet;

(iii) Cubbies;

(iv) Cot or mat racks;

(v) Diapering tables;

(vi) Cribs;

(vii) Restrooms;

(viii) Halls;

(ix) Kitchen; and (x) Office space.

(d) Rooms with sufficient floor space, as defined by the requirements set forth in these rules, may be divided and used for more than one (1) group; provided, however, that each area is adequately equipped and arranged and that each group shall have the security of a stable classroom space.

(4) All indoor areas shall be clean and safe.

(a) The indoor play/care areas shall be free of hazardous items that could be accessible to children.

(b) Indoor play equipment shall meet the following guidelines:

Pieces of equipment, such as television sets, bookcases, and appliances, shall be secured or supported so that they will not fall or tip over.
Sufficient indoor equipment, materials, and toys shall be available to meet active and quiet play needs of all children enrolled and to provide a variety of developmentally appropriate activities so that each child has at least three (3) choices during play time.
Toys, educational and play materials, shall be organized and displayed within children’s reach so that they can select and return items independently.
Toys or teaching aids that are small or that have small parts that can be inhaled or swallowed shall be inaccessible to infants and toddlers.

(5) Outdoor play areas shall contain a minimum of fifty (50) square feet of usable play space for each child using the area at one time.

(a) The outdoor play area must be enclosed by a fence or barricade at least four (4) feet in height. The Department may in at its discretion grant a waiver from this provision when the Department determines that the lack of such fence or barricade poses no apparent or potential risk to children.

(b) Outdoor play equipment shall meet the following guidelines:

There shall be developmentally appropriate outdoor play equipment for children who are in care more than three (3) daylight hours.
All outdoor play equipment and materials shall be sufficient in amount and variety so that children have an opportunity to participate in a minimum of at least three (3) different types of play using either stationary equipment and/or portable play materials.
All outdoor play equipment shall be placed to avoid injury:

(i) Fall zones shall extend six (6) feet away from the perimeter of climbing equipment and away from retainer structures, fences, and other equipment and out of children’s traffic paths.

(ii)

Agencies with a playground continually certified as approved since prior to January 1, 2002, shall be permitted to maintain fall zones of at least four (4) feet; provided, however, that any expansion or addition shall comply with the six (6) feet fall zone required by part (i) above.

Supports for climbers, swings, and other heavy equipment that could cause injury if toppled shall be securely anchored to the ground, even if the equipment is designed to be portable.
Portable equipment shall otherwise be anchored to the ground if the height and weight of the equipment exceeds the height and weight of the smallest child who will use the equipment.
An acceptable resilient surfacing material, as recognized by the Department, shall cover fall zones in accordance with the following:

Resilient Surfacing Material Minimum Acceptable Depth Wood chips or mulch Six (6) inches Double shredded bark Six (6) inches Pea gravel Six (6) inches Medium gravel Eight (8) inches Fine sand Eight (8) inches Course sand Eight (8) inches Artificial (manufactured) surface Manufacturer recommendation (c) The outdoor areas where children play or are cared for shall be properly maintained and a written playground maintenance plan shall be prepared by the program to address routine, remedial, and preventive maintenance and to designate who is responsible for each maintenance need.

(d) A pre-play/care inspection of the outdoor play area shall be completed by the program before children play outdoors.

(e) The outdoor play/care areas shall be free of hazardous items that could be accessible to children.

(f) Outdoor areas shall be free of all animal waste.

(6) Drinking water from individual single service cups or an approved drinking fountain shall be provided in all occupied rooms.

(7) All garbage shall be removed from the building daily and all garbage storage receptacles shall be outside and kept closed with tight-fitting lids. The area surrounding the garbage containers shall be kept clean.

(8) The building shall be kept clean and maintained in good repair, without unsafe cracks, leaks or unsatisfactory plumbing.

(9) Adequate natural and/or artificial lighting shall be provided throughout the facility.

(10) All rooms used by children shall be maintained at a temperature of between sixty-eight (68) to seventy-eight (78) degrees Fahrenheit by means of heating, cooling or ventilation sources approved for use.

(11) Stoves, hot radiators, steam and hot water pipes, fans, or other heat generating equipment shall be adequately protected by screens, guards, insulation, or suitable measures that will protect children from coming in contact with them.

(12) Broken glass, trash, and debris shall be kept removed from the building and grounds.

(13) Swimming pools and/or wading pools shall be fenced and shall not be used without prior approval by the Department of Health.

(14) Grounds, tire swings and containers shall have adequate drainage to prevent standing water that can breed mosquitoes and other insects.

(15) If animals or birds are kept in classrooms as pets, they shall be caged away from the food storage and preparation or service area, and cages kept clean.

(16) Turtles are prohibited as classroom pets.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 49-1-202; 49-1-302(l); and 49-1-1101 through 49-1-1109.
Administrative History: Original rule filed April 30, 2002; effective July 14, 2002. Amendment filed September 6, 2007; effective January 28, 2008. Amendment repealing and replacing rule filed March 15, 2010; effective August 29, 2010. Amendments filed November 2, 2017; effective February 1, 2018. Amendments filed January 25, 2019; effective April 25, 2019.

Tenn. Comp. R. & Regs. 0520-12-01-.13 TRANSPORTATION

(1) If a program provides transportation or contracts for transportation, the program’s management shall be fully responsible for all transportation of children, including between home and program (if different facility from school), to and from school, and on field trips.

(2) Transportation services shall be operated in compliance with all state laws, regarding school transportation and all rules and regulations, promulgated by State Board of Education regarding school transportation and school buses.

(3) Vehicles used to transport children and which are owned or operated by, contracted for or which are otherwise under the direction or control of the school-administered program, shall carry automobile liability insurance coverage for each vehicle used for that purpose in the minimum amounts required by T.C.A. § 49-6-2111 and defined in State Board of Education Pupil Transportation Rule 0520-01-05-.01(2).

(a) Automobile insurance coverage for non-school community-based organizations which transport children shall comply with the following:

Automobile liability coverage shall be maintained in a minimum amount of five hundred thousand dollars ($500,000) combined single limit of liability.
Medical payment coverage shall be maintained in the minimum amount of five thousand dollars ($5,000) for injuries to children being transported in vehicles owned, operated or leased by the non-school community-based organization’s program.

(4) Vehicles used to transport children must be in compliance with the Federal Motor Vehicle Safety Standards as defined by Title 49 part 571 of the Code of Federal Regulations and the Tennessee Minimum School Bus Standards, adopted by the State Board of Education as required by Rule 0520-01-05-.02.

(5) Fifteen (15) passenger vans are prohibited.

(6) Children may be transported in passenger vehicles, however, children of all ages but must be in compliance with passenger restraint laws, T.C.A. § 55-9-602 at all times in passenger vehicles, and must be transported in rear seats.

(a) Any child under one (1) year of age or any child weighing twenty pounds (20 lbs.) or less shall be properly secured in a child passenger restraint system in a rear facing position.

(b) Any child, one (1) through three (3) years of age, weighing greater than twenty pounds (20 lbs.) shall be properly secured in a child passenger restraint system in a forward facing position.

(c) Any child, four (4) through eight (8) years of age and measuring less than four feet, nine inches in height shall be properly secured in a child seat or a belt-positioning booster seat.

(d) Any child, nine (9) through twelve (12) years of age, measuring four feet, nine inches or more in height, shall be properly secured in a passenger motor vehicle using a seat belt system in the rear seat of the vehicle.

(e) Any child, thirteen (13) through fifteen (15) years of age, shall be properly secured in a passenger motor vehicle using a seat belt system.

(7) Federally approved child care restraint systems must be provided and utilized during the transport of any child three (3) years of age or under on a school bus.

(8) No child shall be allowed to ride on the floor of a vehicle, and no child shall be placed with another child in the same restraint device.

(9) All school buses shall be inspected in compliance with the Rules and Regulations for School Bus Inspection, Chapter 1340-03-03, promulgated by and regulated by the Tennessee Department of Safety.

(10) All persons hired for the position of “school bus driver” shall:

(a) Be issued a commercial driver’s license (CDL) by the Tennessee Department of Safety;

(b) Have the “S” and “P” endorsements if employed by a public school or school system;

(c) Have a “P” endorsement and completion of school bus driver training if employed by a nonpublic school or a non-school, community-based organization;

(d) Know and understand the school system’s or private school’s policies and procedures concerning transportation and the bus driver’s responsibilities and duties;

(e) Have no criminal offense or criminal record of a violation of any of the following:

Driving under the influence of an intoxicant as prohibited by T.C.A. § 55-10401;
Vehicular assault as prohibited by T.C.A. § 39-13-106;
Vehicular homicide as prohibited by T.C.A. § 39-13-213(a)(2);
Aggravated vehicular homicide as prohibited by T.C.A. § 39-13-218; or 5. Manufacture, delivery, sale or possession of a controlled substance as prohibited by T.C.A. § 39-17-417;

(f) Complete the annual physical and mental examinations of school bus drivers as required by T.C.A. § 49-6-2108;

(g) Complete the annual training for school bus drivers presented by the Tennessee Department of Safety (school bus driver training is not required for drivers of passenger vehicles only); and (h) Complete CPR and First Aid certifications. If driver is accompanied by regular staff that has certification in CPR and First Aid, the driver does not have to meet this requirement.

(11) Drivers of any passenger vehicle, used to transport children, shall possess a current, valid driver’s license and endorsement required by the Tennessee Department of Safety for transporting children in the applicable type of vehicle.

(12) Seating capacity on a school bus shall be in compliance with T.C.A. § 49-6-2110(a), requiring a minimum of thirteen linear inches of seat space for each student.

(13) Vehicles used for transporting children shall:

(a) Have a clearly visible identifying sign. Exceptions: Vehicles used exclusively for the occasional field trip; vehicles used exclusively for the limited provision of emergency transportation, e.g., vehicle used when regular vehicle has a mechanical breakdown; and The Department may waive the vehicle identification requirements for programs under the direction or control of a public agency.

(b) Have fire extinguishers, emergency reflective triangles, a first aid kit, and a blood-borne pathogenic clean-up kit, and an adult familiar with the use of this equipment on board.

Emergency exiting procedures shall be practiced by all staff responsible for transporting children on a regular basis. (Not applicable to occasional transportation by volunteers). All items must be secured.

(14) Transportation routes shall be (school bus routes) in compliance with T.C.A. § 49-6-2105 to ensure no child is on a school bus more than one and one-half (1½) hours in the morning and one and one-half (1½) hours in the afternoon.

(15) Firearms are prohibited in vehicles used to transport children.

(16) Supervision of children in vehicles shall meet the following requirements:

(a) An adult must be in the vehicle whenever a child is in the vehicle.

(b) An adult must be seated behind the steering wheel if the motor is running and children are being loaded and/or are on board.

(c) Transportation of children with special needs shall be in compliance with the Individual Education Plan (IEP) for each child.

(d) Adult Monitor Requirements.

An adult monitor, in addition to the driver, is required on the vehicle for the transportation of four (4) or more children ages six (6) weeks to four (4) years of age.
An adult monitor, in addition to the driver, is required on the vehicle for all routes exceeding thirty (30) minutes for children ages six (6) weeks to four (4) years of age, regardless of the total number of children being transported.
An adult monitor, in addition to the driver, is required on the vehicle for the transportation of four (4) or more non-ambulatory children (permanently or temporarily non-ambulatory) of any age.
An adult monitor, in addition to the driver, is required if more than ten (10)

Voluntary Pre-Kindergarten students four (4) years of age are transported on the same bus.

An adult monitor shall not be seated in the front passenger seat, but shall be seated in the vehicle in a position which will allow:

(i) Each child to be seen with a quick glance;

(ii) Each child to be heard at all times;

(iii) Each child’s activities to be observed; and (iv) The monitor to respond immediately should there be an emergency.

(17) A passenger log shall be used to track each child during transportation.

(a) The first and last name of each child received for transport shall be recorded on the passenger log. A sibling group shall not be listed as a single group entry, for example, “Smith children”.

(b) The driver of the vehicle or the monitor shall be designated as the person responsible for completing the log.

(c) As each child is loaded onto the vehicle the time the child was placed on the vehicle shall be recorded on the passenger log.

(d) The passenger log shall be updated immediately upon the child being released from the vehicle. The time the child was released shall be recorded and initialed by the person responsible for completing the log.

(18) All drivers shall comply with the following:

(a) Bus drivers who do not return to a central depot shall check at the end of every run to make sure that no person remains on the bus as defined in T.C.A. § 49-6-2114.

Immediately upon unloading the last child the driver shall:

Physically walk through the vehicle;
Inspect all seat surfaces, under all seats and in all compartments or recesses in the vehicle’s interior;
Sign the log, with the driver’s full name, indicating the children are all unloaded.

(b) If a child is expected for transport (based on the roster) but is not present at the location, the driver may not leave the location without checking with a designated member of staff and the center. If the designated member of staff is not present in the loading area and there is not an additional adult on the vehicle, all children will accompany the driver into the facility to verify the whereabouts of the child.

(c) When Pre-Kindergarten children are transported on the return route, the school bus driver must not leave a Pre-K child at the child’s home or bus stop unless the parent or other authorized person is present. If the parent or other authorized person is not present, the Pre-K student is not to exit the bus and the school bus driver is to follow the process/policy developed by the school system in collaboration with the Department of Children’s Services and/or the police or sheriff’s office.

(19) All programs providing transportation for child care shall provide a written statement to the Department:

(a) Stating the type(s) of transportation offered, e.g. transportation to and/or from school, transportation to and/or from child care program, transportation to and/or from child’s home, etc.;

(b) Listing and describing the vehicles that will be used for the transportation of children;

(c) Describing any contracts, agreements or arrangements with any third (3rd) parties for the provision of transportation services, with copies of such contracts or agreements or arrangements available upon the Department’s request;

(d) Describing the agency’s policy, procedures and staff training plans for maintaining compliance with responsibilities for loading and unloading and tracking each child;

(e) Describing the agency’s management plan for ensuring all transportation staff properly perform their duties in accordance with the licensing rules and agency policies and procedures;

(f) Describing the agency’s policy, procedures and staff transportation training plans for maintaining compliance with transportation rules and state law; and (g) Describing the agency’s policy, procedures and staff training plans for the emergency evacuation of the vehicle.

(20) Non-school, community-based organization vehicles shall meet the following requirements:

(a) Annually, all non-school, community-based organization’s vehicles that are designed by the vehicle manufacturer to carry ten (10) or more passengers shall be inspected in accordance with the schedule established by the Department of Safety. Any maintenance or repair to the vehicles disclosed by the inspections shall be the sole responsibility of the non-school, community-based organization.

(b) The non-school, community-based organization’s vehicle may have a stop arm in accordance with T.C.A. § 55-8-151(d) if the bus driver has completed annual school bus driver training provided by the Department of Safety.

(c) The non-school, community-based organization’s vehicle with a stop arm is required to be distinctly marked “Youth Bus” on the front and rear thereof in letters not less than six inches (6”) in height and legibly written.

(d) No vehicle which does not pass the inspections required in part (a) shall be used by the non-school, community-based organization to provide transportation services until necessary repairs, as determined by Department of Safety, have been made.

(e) Non-school, community-based organization vehicles shall receive regular inspections and maintenance by a certified mechanic in accordance with the maintenance schedule recommended by the vehicle manufacturer.

(f) Vehicle equipment shall be certified as inspected at least every four thousand (4,000) miles, if not covered by and/or otherwise serviced in accordance with the manufacturer’s maintenance schedule, including: brakes; steering; oil levels; coolant; brake, windshield-washer and transmission fluids; hoses and belts; and tires.

(g) The following equipment shall be maintained in the vehicle and stored in a manner which is not readily accessible to children: fire extinguisher; emergency reflective triangles; first aid kit; blood-borne pathogenic clean-up kit; and seat-belt cutter or similar device designed to immediately release the vehicle’s child restraint system(s) in an emergency.

(h) The bus driver or transportation monitor assigned to the vehicle shall be familiar with the location and use of all equipment required under part (g).

(i) The non-school, community-based organization shall maintain documentation that the following daily inspections have been performed and any necessary repairs completed or other appropriate action taken before transporting children.

A visual inspection of the vehicle’s tires for wear and adequate pressure;
A visual inspection for working headlights and taillights (brake lights and back-up lights), signals, mirrors, wiper blades and dash gauges;
An inspection of properly functioning child and driver safety restraints;
An inspection for properly functioning doors and windows;
An inspection for the presence of safety equipment required by these rules or any other provisions of law or regulations, and repair or replacement as necessary based upon visual evidence of the need to do so;
A determination that the vehicle has adequate fuel; and 7. An inspection for, and cleaning of, debris from the vehicle’s interior.

(j) Emergency exiting procedures shall be practiced on a regular basis by all staff responsible for transporting children.

(k) Any vehicle, contracted by a non-school community-based organization for the purposes of transporting children in a program administered by a non-school, community-based organization, shall be a for hire commercial passenger vehicle properly registered with the Federal Motor Carrier Safety Administration.

(l) The contracted vehicle shall have a commercial license plate (tag) and shall have minimum levels of liability insurance as defined by the Federal Motor Carrier Safety Administration rule § 387.33.

Any vehicle with seating capacity of sixteen (16) passengers or more shall have five million dollars ($5,000,000) liability coverage.
Any vehicle with seating capacity of fifteen (15) passengers or less shall have one and one-half million dollars ($1,500,000) liability coverage.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 49-1-302(l); 49-6-2101 through 49-6-2117; 55-8-151; 55-9-602; 55- 10-401; and 55-50-101, et seq.
Administrative History: Original rule filed April 30, 2002; effective July 14, 2002. Amendment repealing and replacing rule filed March 15, 2010; effective August 29, 2010. Emergency rule filed August 30, 2010; effective through February 26, 2011. Emergency rule expired on February 27, 2011, and the rule reverted to its previous status. Repeal and new rule filed December 21, 2010; effective March 21, 2011. Amendment filed September 29, 2011; effective February 28, 2012. Amendments filed November 2, 2017; effective February 1, 2018. Amendments filed May 3, 2018; effective August 1, 2018. Amendments filed January 25, 2019; effective April 25, 2019.

Tenn. Comp. R. & Regs. 0520-12-01-.14 CARE OF CHILDREN WITH SPECIAL NEEDS

(1) When children with special needs are enrolled in a child care program, all reasonable and appropriate efforts shall be made to provide those children equal opportunity to participate in the same program activities as their peers.

(2) Parents or other appropriate individual identified by the parent shall provide information and, as appropriate, training to teachers regarding special needs/techniques/emergency measures, as utilized in the child’s home to ensure the child’s well-being.

(3) Adaptations to the environment shall be directed toward normalizing the lifestyle of the child with a disability by helping him/her become independent and develop self-help skills.

(4) Behavior management techniques or program activities which would tend to demean or isolate the child are prohibited.

(5) The program shall inform parents of any specialized services available from the program, and if the program is aware of any specialized services available through third parties, shall additionally inform the parent of such services.

(6) Efforts to provide specialized service (e.g., speech/hearing therapy, physical therapy, psychological evaluation, or services for intellectual disability) either directly or by referral, shall be conducted only with written permission by the parent in accordance with the Individual Family Service Plan (IFSP) or Individual Education Plan (IEP) and documented in the child’s record. Any information exchange regarding these services that is shared with or received from third parties shall also be documented.

(7) The program shall have written individualized emergency plans for each child with a disability who requires more assistance in emergencies than other children of the same age or in the same group. The program shall maintain documentation that the Emergency Plan is practiced monthly.

(8) Each non-verbal child’s daily activities, including, as applicable to the individual child, the time and amount of feeding, elimination, times of diaper changes, sleep patterns, and developmental progress, shall be recorded and shared with the parent(s) daily.

(9) Diapering of school-age children with special needs shall be completed as follows:

(a) Children shall be changed in a location designated for that purpose and which provides privacy from other children and adults.

(b) School-age children may be diapered on the floor on a nonporous washable, surface that adequately protects the floor from contamination.

(d) The diapering area shall be located near a hand washing lavatory. This area shall be in a separate location from food preparation/service area.

(10) Isolation and physical restraint shall be in accordance with T.C.A. §§ 49-10-1301-1305:

(a) A student receiving special education services, as defined by T.C.A. § 49-10-102(4), may be isolated or restrained only in emergency situations and only if such isolation or restraint is provided in the student’s IEP in emergency situations.

(b) If school personnel impose restraints or isolation in an emergency situation, the school shall immediately contact the appropriate school personnel designated to authorize isolation or restraint. The student’s parent or guardian shall be notified, orally or by written communication, the same day the isolation or restraint was used.

(c) If the student’s individualized education program does not provide for the use of isolation or restraint for the behavior precipitating such action or if school personnel are required to use isolation or restraint longer than five (5) minutes, then an individual education program meeting shall be convened within ten (10) days following the use of such isolation or restraint. If the behavior precipitating such action also warrants a change of placement, the child will have all rights provided under applicable state and federal law.

(d) School personnel who must isolate or restrain a student receiving special education services, as defined by T.C.A. § 49-10-102(4), whether or not such isolation or restraint was in an emergency situation or provided for in the student’s individual education program, shall report the incident to the appropriate school personnel designated to authorize isolation or restraint who shall record the use of such isolation or restraint and the facts surrounding such use. A copy of such record shall be made available at individual education program meetings and upon the request of the student’s parent or legal guardian.

(e) If the appropriate school personnel designated to authorize isolation or any person having knowledge of the isolation or restraint, have reason to believe that such isolation or restraint was unreasonable, unsafe, or unwarranted, and such isolation or restraint caused injury to the student, the incident shall be reported pursuant to T.C.A. § 37-1-403.

(f) School personnel shall remain in the physical presence of any restrained student and shall continuously observe a student who is in isolation or being restrained to monitor the health and well-being of such student.

(g) Administering a chemical restraint to a student receiving special education services, as defined by T.C.A. § 49-10-102(4), is prohibited, provided that nothing in this subsection shall prohibit the administration of a chemical restraint when administered for therapeutic purposes under the direction of a physician and with the child’s parent or guardian’s consent to administer such chemical restraint.

(h) Administering a noxious substance to a student receiving special education services, as defined by T.C.A. § 49-10-102(4), is prohibited.

(i) Use of any mechanical restraint on any student receiving special education services, as defined by T.C.A. § 49-10-102(4), is prohibited.

(j) Any form of life threatening restraint, including restraint that restricts the flow of air into a person’s lungs, whether by chest compression or any other means, to a student receiving special education services, as defined by T.C.A. § 49-10-102(4), is prohibited.

(k) The use of isolation or physical holding restraint as a means of coercion, punishment, convenience or retaliation on any student receiving special education services, as defined by T.C.A. § 49-10-102(4), is prohibited.

(l) The use of physical holding restraint in the following circumstances is not prohibited:

The brief holding by an adult in order to calm or comfort;
The minimum contact necessary to physically escort a student from one area to another;
Assisting a student in completing a task or response if the student does not resist, or resistance is minimal in intensity or duration; or 4. Holding a student for a brief time in order to prevent any impulsive behavior that threatens the student’s immediate safety.
The program is not required to notify the student’s parent or guardian pursuant to this Chapter in any of the circumstances listed in this subdivision (l).

(m) The use of a locked door, or use of any physical structure that substantially accomplishes the intent of locking a student in a room or structure, to isolate or seclude a student, is prohibited.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 37-1-403; 49-1-302(l); 49-1-1101 through 49-1-1109; 49-10-102; and 49-10-1301 through 1306.
Administrative History: Original rule filed March 1, 2005; effective July 29, 2005. Amendment repealing and replacing rule filed March 15, 2010; effective August 29, 2010. Amendments filed November 2, 2017; effective February 1, 2018. Amendments filed January 25, 2019; effective April 25, 2019.

Tenn. Comp. R. & Regs. 0520-12-01-.16 CIVIL PENALTIES

(1) Pursuant to T.C.A. § 49-1-1107(c)(2) the following are the minimum and maximum civil penalties that may be assessed against a child care program authorized pursuant to T.C.A. §§ 49-1-1101, et seq.

(2) The Department shall assess the civil penalty in an order which states the reasons for the assessment of the civil penalty, the factors used to determine its assessment and the amount of the penalty. The order may not be imposed solely upon the recommendation of an agent of the Department. All orders shall be reviewed by the Department’s legal staff before being imposed.

(3) Prior to the Department’s assessment of a civil penalty, a program determined by an agent of the Department to be in violation of these rules may be prescribed a plan of corrective action.

Failure to follow a plan of corrective action as prescribed by the Department may result in the assessment of a civil penalty.

(4) Definitions.

(a) “Negligence” is the failure of a child care program, owner, staff, auxiliary staff, director or other employees to comply with the duties or standards imposed by these rules, federal, state and local laws, or the standards of care generally required of schooladministered child care programs.

(b) “Intentional disregard” is the knowing forbearance of a child care program, owner, staff, auxiliary staff, director or other employees to comply with the duties or standards imposed by these rules, federal, state and local laws, or the standards of care generally required of school-administered child care programs.

(c) “Plan of corrective action” is a plan which provides a schedule for the completion of work to bring a program into compliance with these rules, federal, state and local laws, or the standards of care required of school-administered child care programs. The plan must include specific strategies to be implemented in program design during the completion of the work. The plan must ensure that children will not be placed in danger due to the program area which is not in compliance and it must ensure that children will not be placed in danger by the work being done to bring the area into compliance.

(5) Civil Penalties Schedule.

(a) Major Violations.

For any violation of a law or regulation that, due to negligence or intentional disregard of a law or regulation, results in serious injury to, or death of, a child, the Department may assess a civil penalty in a range from seven hundred fifty dollars ($750.00) up to one thousand dollars ($1,000.00).The Department shall determine the amount of the penalty based upon the extent of the injury to the child and whether the injury or death of the child was the result of negligence or intentional disregard of the law or regulation. Consideration of the program’s

history of prior violations shall also be a factor in the determination of the amount of the civil penalty.

For any violation of a law or regulation that, due to negligence or intentional disregard of a law or regulation, results in an injury to a child, the Department may assess a civil penalty in a range from three hundred dollars ($300.00) up to five hundred dollars ($500.00).The Department shall determine the amount of the penalty based upon the extent of the injury and whether the injury to the child was the result of negligence or intentional disregard of the regulation.

Consideration of the program’s history of prior violations shall also be a factor in the determination of the amount of the civil penalty.

For violations of the following categories of regulations the Department may impose a civil penalty of two hundred dollars ($200.00) for the first violation, three hundred dollars ($300.00) for the second violation, and four hundred dollars ($400.00) for the third and any subsequent such violation:

(i) Failure to follow any regulation related to organization, ownership and administration of a program pursuant to these rules;

(ii) Failure to follow any regulation related to health and safety pursuant to these rules;

(iii) Failure to follow any regulation related to food, nutritional needs and meal service pursuant to these rules;

(iv) Failure to follow any regulation related to maintenance of equipment pursuant to these rules;

(v) Failure to follow any regulation related to maintenance of physical facilities pursuant to these rules;

(vi) Failure to follow any regulation related to adult:child ratios pursuant to these rules;

(vii) Failure to follow any regulation related to supervision of children pursuant to these rules;

(viii) Failure to follow any regulation related to dispensing or storing medications pursuant these rules;

(ix) Failure to follow any regulation related to care of children with special needs pursuant to these rules;

(x) Failure to follow any regulation related to program staff pursuant to these rules;

(xi) Failure to properly store hazardous items such as, but not limited to, cleaning products, pesticides, hazardous chemicals, or other poisonous items pursuant to these rules;

(xii) Failure to properly remove or secure firearms within the physical facility and under the ownership or control of the program, or its staff or other persons permitted access to the children, or failure to prevent exposure of children in the program’s care to firearms which are under the control of the program, or its staff, or other persons who have been permitted by the program to have access to the children pursuant to these rules; or (xiii) Failure to follow or failure to complete a plan of corrective action.

(b) Minor Violations.

A minor violation shall be any violation of a law or regulation not described as a major violation in part (a).
Each minor violation may require the program to complete a corrective action plan and may subject the program to a civil penalty of fifty dollars ($50.00).
The existence of six (6) or more minor violations of any type in any period of twelve (12) months shall constitute a major violation and may be subject to a civil penalty imposed by the Department of two hundred dollars ($200.00) in addition to the penalty for each minor violation. Three (3) or more minor violations of the same regulation in any period of twelve (12) months shall constitute a major violation and may be subject to a civil penalty imposed by the Department of two hundred dollars ($200.00) in addition to the penalty for each minor violation.

(6) Upon timely notice of a request for an appeal pursuant to T.C.A. § 49-1-1107(c)(5), the Department shall appoint a hearing officer to conduct the appeal proceedings before the council. The hearing officer shall have the authority of an Administrative Law Judge of the Department of State and shall conduct the appeal process pursuant to the rules of procedure for hearing contested cases as provided by the Tennessee Secretary of State.

History

Authority: T.C.A. §§ 49-1-302 and 49-1-1107(c)(2).
Administrative History: Original rule filed March 15, 2010; effective August 29, 2010. Amendments filed November 2, 2017; effective February 1, 2018.

Chapter 0520-12-02 Rules of Procedure for Hearing Contested Cases

Tenn. Comp. R. & Regs. 0520-12-02 Rules of Procedure for Hearing Contested Cases

RULES

OF THE STATE BOARD OF EDUCATION

For rules of procedure for hearing contested cases regarding child care centers or school-age child care under the jurisdiction of the State Board of Education, see Rules of the Secretary of State, chapter 1360-4-1.

Authority: T.C.A. §49-1-302(1)(4)(F). Administrative History: Original rule filed April 30, 2002; effective July 14, 2002.

Chapter 0520-12-03 Public Records

Tenn. Comp. R. & Regs. 0520-12-03-.01 DEFINITIONS

(1) “Department” means the Tennessee Department of Education.

(2) “Office of Open Records Counsel” or “OORC” means the office established under T.C.A. §§ 8-4-601, et seq., within the Tennessee Comptroller of the Treasury.

(3) “Public Records” means all documents, papers, letters, maps, books, photographs, microfilms, electronic data processing files and output, films, sound recordings, or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business by any governmental entity.

(4) “Public Records Request Coordinator” or “PRRC” means any individual within a governmental entity whose role it is to ensure that public records requests are routed to the appropriate records custodian and that requests are fulfilled in accordance with T.C.A. § 10- 7-503(a)(2)(B). The PRRC may also be a records custodian.

(5) “Records Custodian” means any office, official, or employee of any governmental entity lawfully responsible for the direct custody and care of a public record. The records custodian is not necessarily the original preparer or receiver of the record.

(6) “Requestor" means a Tennessee citizen seeking access to a public record, whether it is for inspection or duplication.

(7) “Tennessee Public Records Act” or “TPRA” means the state law codified in T.C.A. §§ 10-7- 503, et seq., regarding access to public records.

History

Authority: T.C.A. §§ 10-7-503 and 49-1-201.
Administrative History: Original rules filed April 9, 2019; effective July 8, 2019.

Tenn. Comp. R. & Regs. 0520-12-03-.02 MAKING PUBLIC RECORDS REQUESTS

(1) Public record requests shall be made to the PRRC in order to ensure public records requests are routed to the appropriate Records Custodian and fulfilled in a timely manner.

(2) The designated PRRC for the Department is the Deputy Director of Communications; provided, however, that the responsibilities of the PRRC under this rule may be delegated to one or more employees under the supervision of the PRRC. The PRRC may be contacted at:

Public Records Request Coordinator Tennessee Department of Education 710 James Robertson Parkway July, 2019 2 th Floor, Andrew Johnson Tower Nashville, Tennessee 37243 Telephone: (615) 741-8457 Email: TDOE.OpenRecords@tn.gov (3) Requests only for inspection of public records may be made orally or in writing to the PRRC at the PRRC’s mailing address, email address, or phone number. The PRRC shall, however, request a U.S. mail address or email address from the Requestor in order to provide any written communication required under the TPRA.

(4) Requests for copies, or requests for inspection and copies, shall be made in writing and may be made to the PRRC at the mailing address or email address provided.

(5) Proof of Tennessee citizenship by presentation of a valid Tennessee driver’s license or a Tennessee photo ID card is required as a condition to inspect or receive copies of public records.

History

Authority: T.C.A. §§ 10-7-503 and 49-1-201.
Administrative History: Original rules filed April 9, 2019; effective July 8, 2019.

Tenn. Comp. R. & Regs. 0520-12-03-.03 RESPONDING TO PUBLIC RECORDS REQUESTS

(1) Public Records Request Coordinator (a) The PRRC shall review public record requests received by the Department and make an initial determination of the following:

If the Requestor provided evidence of Tennessee citizenship;
If the records requested are described with sufficient specificity to identify them; and 3. If the Department is the custodian of the records.

(b) The PRRC shall acknowledge receipt of the request and take at least one (1) of the following actions, as appropriate:

Advise the Requestor of:

(i) Any determinations regarding proof of Tennessee citizenship;

(ii) Applicable fees; or (iii) Aggregation of multiple or frequent requests.

Deny the request in writing, providing the appropriate ground such as one of the following:

(i) The Requestor is not, or has not presented evidence of being, a Tennessee citizen;

(ii) The request lacks specificity or needs clarification;

(iii) The records requested are not subject to inspection under state or federal law;

July, 2019 3 (iv) The Department is not the custodian of the requested records; or (v) The requested records do not exist;

Contact the Requestor to see if the request can be narrowed or clarified;
Forward the records request to the appropriate Records Custodian in the Department with notice of the date the request was received and the deadline for when a response to the request is due; or 5. If requested records are in the custody of a different governmental entity, and the PRRC knows the correct governmental entity, advise the Requestor of the correct governmental entity and PRRC for that entity, if known.

(2) Records Custodian (a) Upon receiving a public records request, a Records Custodian shall promptly make requested public records available in accordance with T.C.A. § 10-7-503, if the requested records are not exempt from disclosure. If the Records Custodian is uncertain that an applicable exemption applies, the custodian may consult with the PRRC, counsel, or the OORC.

(b) If a Records Custodian determines that it is not practicable to promptly provide requested records because additional time is necessary to determine whether the requested records exist; to search for, retrieve, or otherwise gain access to records; to determine whether the records are open; to redact records; or for other similar reasons, then the Records Custodian or PRRC shall, within seven (7) business days from the Records Custodian’s receipt of the request, send the Requestor a completed public records request response.

(c) If a Records Custodian reasonably determines that production of records should be segmented because the records request is for a large volume of records, or additional time is necessary to prepare the records for access, the Records Custodian or PRRC shall, within seven (7) business days from the from the Records Custodian’s receipt of the request, send the Requestor a public records request response informing the Requestor that the production of records will be in segments and that a records production schedule will be provided as expeditiously as practicable.

(d) If a Records Custodian determines that a public records request should be denied, the Records Custodian or PRRC shall, within seven (7) business days from the from the Records Custodian’s receipt of the request, deny the request in writing and shall include the basis for denial.

(e) If a Records Custodian discovers records responsive to a public records request were omitted in a production, the Records Custodian or PRRC shall contact the Requestor concerning the omission and produce the records as quickly as practicable.

(3) Redaction (a) If a record contains confidential information or information that is not open for public inspection, the Records Custodian shall prepare a redacted copy prior to providing access. If questions arise concerning redaction, the Records Custodian shall coordinate with counsel or other appropriate parties regarding review and redaction of records. The Records Custodian and the PRRC may also consult with the OORC or with the Office of Attorney General and Reporter.

July, 2019 4 (b) Whenever a redacted record is provided, a Records Custodian or PRRC shall provide the Requestor with the basis for redaction. The basis given for redaction shall be general in nature and not disclose confidential information.

History

Authority: T.C.A. §§ 10-7-503 and 49-1-201.
Administrative History: Original rules filed April 9, 2019; effective July 8, 2019.

Tenn. Comp. R. & Regs. 0520-12-03-.04 INSPECTION OF RECORDS

(1) There shall be no charge to view a public record that are subject to inspection under the TPRA.

(2) Inspection of records shall take place at the offices of the Tennessee Department of Education, 710 James Robertson Parkway, 9th Floor, Andrew Johnson Tower, Nashville, Tennessee 37243. The location for inspection of records within the offices of the Tennessee Department of Education shall be determined by either the PRRC or the Records Custodian.

(3) Appointments for inspection of public records that cannot be promptly made available for inspection are required and may be scheduled by contacting the PRRC at TDOE.OpenRecords@tn.gov or 615-741-8457. Under reasonable circumstances, the PRRC or a Records Custodian may require inspection of records at an alternate location.

(4) The TPRA grants Tennessee citizens the right to access open public records that exist at the time of the request. Nothing in the TPRA or these rules shall be construed as requiring a Records Custodian or the PRRC to sort through files to compile information or to create or recreate a record that does not exist.

History

Authority: T.C.A. §§ 10-7-503 and 49-1-201.
Administrative History: Original rules filed April 9, 2019; effective July 8, 2019.

Tenn. Comp. R. & Regs. 0520-12-03-.05 COPIES OF RECORDS

(1) A Records Custodian shall promptly respond to a public record request for copies in the most economic and efficient manner practicable.

(2) Copies will be available for pickup at the Tennessee Department of Education, 710 James Robertson Parkway, 9th Floor, Andrew Johnson Tower, Nashville, Tennessee 37243.

(3) Upon payment for postage, copies will be delivered to the Requestor’s home address by the United States Postal Service.

(4) A Requestor may be allowed to make copies of records that total twenty-five (25) pages or less with personal equipment at the Tennessee Department of Education.

History

Authority: T.C.A. §§ 10-7-503 and 49-1-201.
Administrative History: Original rules filed April 9, 2019; effective July 8, 2019.

Tenn. Comp. R. & Regs. 0520-12-03-.06 FEES AND CHARGES

(1) Prior to producing copies of records, a Records Custodian or the PRRC shall provide a Requestor with an itemized estimate of the fees and charges, to the extent possible.

(2) Payment in advance may be required before producing requested records if the estimated cost exceeds $100.00.

(3) When fees for copies and labor do not exceed $10.00, the fees shall be waived.

July, 2019 5 (4) Fees and charges for copies are as follows:

(a) 15 cents ($0.15) per page for 8 ½” x 11” (letter) or 8 ½” x 14” (legal) black and white copies.

(b) 50 cents ($0.50) per page for 8 ½” x 11” (letter) or 8 ½” x 14” (legal) color copies.

(c) Labor charges for the time, in hours, to produce copies of records whenever the time exceeds 1 hour. Labor charges shall be calculated by multiplying the base hourly wage rate of each employee by the time each employee spends in locating, retrieving, reviewing, redacting, and reproducing records, minus the first hour of the most highly paid employee.

(d) The actual costs assessed by a vendor, if an outside vendor is used.

(5) If a public record is maintained in color but can be produced in black and white, the Records Custodian or PRRC shall advise the Requestor that the record can be produced in color if the Requestor is willing to pay a charge higher than that of a black and white copy.

(6) Payment is to be made by cashier’s check or money order payable to the Tennessee Department of Education.

(7) The Department will aggregate record requests when more than four (4) requests are received in a calendar month, either from a single individual or a group of individuals deemed working in concert, in accordance with the “Frequent and Multiple Request Policy” promulgated by the OORC. The PRRC shall notify a Requestor if they have been deemed to be working in concert and shall notify the Requestor of their right to appeal the decision to the OORC.

History

Authority: T.C.A. §§ 10-7-503 and 49-1-201.
Administrative History: Original rules filed April 9, 2019; effective July 8, 2019.

Chapter 0520-12-04 Prohibited Concepts in Instruction

Tenn. Comp. R. & Regs. 0520-12-04-.01 PURPOSE

The purpose of these Rules is to effectuate T.C.A. § 49-6-1019.

History

Authority: T.C.A. §§ 49-1-201 and 49-6-1019.
Administrative History: Emergency rules filed November 8, 2021; effective through May 7, 2022. Emergency rules expired effective May 8, 2022, and the rules reverted to their previous statuses. New rules filed May 12, 2022; effective August 10, 2022.

Tenn. Comp. R. & Regs. 0520-12-04-.02 DEFINITIONS

(1) “Course of instruction” means a unit of academic instruction which includes a series of lessons or meetings designed to meet specific educational goals.

(2) “Commissioner” means the Commissioner of the Tennessee Department of Education.

(3) “Curriculum and instructional program” means a set of core instructional materials including activities and textbooks designed to help students reach the learning outcomes established in state academic standards.

(4) “Department” means the Tennessee Department of Education.

(5) “Department review team” means a committee of Department employees appointed by the Commissioner to review and investigate, as necessary, appeals filed with the Department pursuant to these Rules with knowledge and expertise regarding curriculum, instructional standards, and school and LEA operations and administration.

(6) “Eligible complainant” means a current student of the LEA or public charter school in which the allegation(s) arose, a parent of a current student of the LEA or public charter school in which the allegation(s) arose, or a current employee of the LEA or public charter school in which the allegation(s) arose.

(7) “LEA” means a Tennessee local education agency and has the same meaning given in T.C.A. § 49-1-103(2).

(8) “Parent” means the parent or legal guardian of the student.

(9) “Privileged” means having a special advantage or right.

(10) “Prohibited Concepts” are those concepts specifically enumerated in T.C.A. § 49-6-1019(a) and Section .03 of these Rules that shall not be included or promoted in a course of instruction, curriculum and instructional program, or through supplemental instructional materials.

(11) “Public charter school” means a school authorized to operate under Tennessee Code Title 49,

Chapter 13.

(12) “State funds” means the State’s K-12 education funding formula funds.

(13) “Supplemental instructional materials” means materials used in conjunction with the core instructional materials of a course. Supplemental instructional materials extend and support instruction and include, but are not limited to, books, periodicals, visual aids, video, sound recordings, computer software, or other digital content.

History

Authority: T.C.A. §§ 49-1-201 and 49-6-1019.
Administrative History: Emergency rules filed November 8, 2021; effective through May 7, 2022. Emergency rules expired effective May 8, 2022, and the rules reverted to their previous statuses. New rules filed May 12, 2022; effective August 10, 2022.

Tenn. Comp. R. & Regs. 0520-12-04-.03 PROHIBITED CONCEPTS

(1) The following concepts are Prohibited Concepts that shall not be included or promoted in a course of instruction, curriculum and instructional program, or in supplemental instructional materials:

(a) One (1) race or sex is inherently superior to another race or sex;

(b) An individual, by virtue of the individual’s race or sex, is inherently privileged, racist, sexist, or oppressive, whether consciously or subconsciously;

(d) An individual’s moral character is determined by the individual’s race or sex;

(e) An individual, by virtue of the individual’s race or sex, bears responsibility for actions committed in the past by other members of the same race or sex;

(f) An individual should feel discomfort, guilt, anguish, or another form of psychological distress solely because of the individual’s race or sex;

(g) A meritocracy is inherently racist or sexist, or designed by a particular race or sex to oppress members of another race or sex;

(h) This state or the United States is fundamentally or irredeemably racist or sexist;

(i) Promoting or advocating the violent overthrow of the United States government;

(j) Promoting division between, or resentment of, a race, sex, religion, creed, nonviolent political affiliation, social class, or class of people;

(k) Ascribing character traits, values, moral or ethical codes, privileges, or beliefs to a race or sex, or to an individual because of the individual’s race or sex;

(l) The rule of law does not exist, but instead is a series of power relationships and struggles among racial or other groups;

(m) All Americans are not created equal and are not endowed by their Creator with certain unalienable rights, including, life, liberty, and the pursuit of happiness; or (n) Governments should deny to any person within the government’s jurisdiction the equal protection of the law.

(2) Notwithstanding subsection .03(1), LEAs and public charter schools are not prohibited from including or promoting concepts as part of a course of instruction, in a curriculum and instructional program, or through the use of supplemental instructional materials if those concepts involve:

(a) The history of an ethnic group, as described in textbooks and instructional materials adopted in accordance with Tennessee Code Title 49, Chapter 6, Part 22;

(b) The impartial discussion of controversial aspects of history;

(c) The impartial instruction on the historical oppression of a particular group of people based on race, ethnicity, class, nationality, religion, or geographic region; or (d) Historical documents relevant to subdivisions .03(2)(a)-(c) that are permitted under T.C.A. § 49-6-1011.

History

Authority: T.C.A. §§ 49-1-201 and 49-6-1019.
Administrative History: Emergency rules filed November 8, 2021; effective through May 7, 2022. Emergency rules expired effective May 8, 2022, and the rules reverted to their previous statuses. New rules filed May 12, 2022; effective August 10, 2022.

Tenn. Comp. R. & Regs. 0520-12-04-.04 LEA AND PUBLIC CHARTER SCHOOL REQUIREMENTS

(1) Each LEA or public charter school shall:

(a) Ensure compliance with T.C.A. § 49-6-1019(a) by investigating suspected violations and complaints alleging violations of T.C.A. § 49-6-1019(a) in accordance with these Rules;

(b) Post the complaint form provided by the Department for filing a complaint alleging violations of T.C.A. § 49-6-1019 on the LEA or public charter school’s website;

(c) Prohibit retaliation for filing a complaint, filing an appeal, or participating in an investigation at the local or Departmental level;

(d) Obtain written consent from a parent prior to the participation of a minor student in the investigative process, including consent to be interviewed;

(e) Provide instructions on how to file an appeal of the LEA or public charter school’s determination with the Department in any written determination to an eligible complainant;

(f) Provide annual notice of T.C.A. § 49-6-1019(a) and these Rules to staff, students, and parents;

(g) Maintain for five (5) years and make available for inspection by the Department, records of:

The number of complaints filed;
The number of complaints closed;
The number of complaints pending;
The number of complaints substantiated; and 5. The number of complaints not substantiated.

History

Authority: T.C.A. §§ 49-1-201 and 49-6-1019.
Administrative History: Emergency rules filed November 8, 2021; effective through May 7, 2022. Emergency rules expired effective May 8, 2022, and the rules reverted to their previous statuses. New rules filed May 12, 2022; effective August 10, 2022.

Tenn. Comp. R. & Regs. 0520-12-04-.05 REPORTING AND INVESTIGATING PROHIBITED CONCEPTS

(1) LEAs or public charter schools are best positioned to choose which textbooks and instructional materials meet the needs of their students, educators, and community. Pursuant to T.C.A. § 49-6-2207, LEAs are required to utilize local textbook and instructional materials adoption committees to review textbooks proposed for district wide adoption by the school district from the list of textbooks and instructional materials adopted by the Textbook and Instructional Materials Quality Commission and approved by the Tennessee State Board of Education.

Local review committees must be set up by grade and subject matter fields and composed of teachers, or supervisors and teachers, and parents with children enrolled in the LEA at the time of appointment to a committee. The local board of education may also appoint experts in the grade level or subject matter field for which textbooks and instructional materials are to be reviewed. Pursuant to T.C.A. § 49-13-107, each public charter school must include an academic plan as part of the charter school’s application that is approved by the charter authorizer. T.C.A. § 49-13-104 requires public charter school academic plans to include the teaching and classroom instruction methods and the materials and curriculum that will be used by the school. General complaints about the subject matter or age appropriateness of textbooks and instructional materials that do not allege that Prohibited Concepts are being or have been included or promoted in a course of instruction, curriculum, instructional program, or in supplemental instructional materials of an LEA or public charter school, must be filed with the LEA or public charter school pursuant to the LEA or public charter school’s locally adopted policy for addressing such complaints.

(2) To file a complaint alleging that Prohibited Concepts are being or have been included or promoted in a course of instruction, curriculum and instructional program, or in supplemental instructional materials of an LEA or public charter school, a complainant must file a complaint with the LEA or public charter school in which the allegation(s) arose. An eligible complainant may, but is not required to, use the complaint form provided by the LEA or charter school, so long as the complaint contains the information required by Section 0520-12-04-.05(5).

(3) To file a complaint, the complainant must be an eligible complainant.

(4) The complaint must be filed within forty-five (45) calendar days of the Prohibited Concept being included or promoted in a course of instruction, curriculum and instructional program, or supplemental instructional materials, or within forty-five (45) calendar days of these Rules becoming effective.

(5) The following information, in addition to any other information requested by the LEA or public charter school, shall be included in the complaint:

(a) The name and contact information of the complainant;

(b) A brief description of the Prohibited Concept at issue;

(d) If known, the name of the individual alleged to have included or promoted the Prohibited Concept;

(e) The name of any individuals who may have knowledge of the allegations;

(f) A list of any documentation or materials supporting the complainant’s allegations, including copies of such documentation or materials where possible; and (g) The date(s) on which the Prohibited Concept was included or promoted.

(6) Upon receipt of a complaint, the LEA or public charter school shall determine whether it has the authority to investigate the complaint. The LEA or public charter school shall have the

authority to investigate the complaint if:

(a) The complaint alleges that a Prohibited Concept was included in a course of instruction, curriculum and instructional program, or supplemental instructional materials;

(b) The complaint is filed by an eligible complainant;

(c) The complaint is filed within forty-five (45) calendar days of the Prohibited Concept being included or promoted in a course of instruction, curriculum, instructional program, or supplemental instructional materials, or within forty-five (45) calendar days of these Rules becoming effective; and (d) The complaint contains the information in Section 0520-12-04-.05(5).

(7) Within fifteen (15) calendar days of receiving the complaint, the LEA or public charter shall send a letter to the complainant explaining whether it has authority to investigate the complaint and will be initiating an investigation. An investigation is “initiated” when the LEA or public charter school sends a written notification to the complainant that the allegation(s) shall be investigated.

(8) Within sixty (60) calendar days of receiving the complaint, the LEA or public charter school shall determine whether the allegation(s) in the complaint is substantiated. The allegation(s) in the complaint shall be “substantiated” if:

(a) The LEA or public charter school determines that the concept at issue is a Prohibited Concept; and (b) The LEA or public charter school determines that the complained of individual affirmatively and intentionally included or promoted the concept at issue in a course of instruction, curriculum and instructional program, or supplemental instructional materials.

(c) The sixty (60) calendar day timeline may only be extended upon approval by the Department if exceptional circumstances exist with respect to a particular complaint and those circumstances are appropriately documented. If there is a need for an extension to the sixty (60) calendar day timeline, the complainant shall be notified of this extension in writing by the LEA or public charter school prior to the expiration of the original sixty (60) calendar day deadline.

(9) The LEA or public charter school shall issue a written determination stating whether the allegation(s) in the complaint is substantiated. The written determination shall be communicated to the complainant and the individual alleged to have included or promoted the Prohibited Concept. Such determination letters shall be subject to all applicable federal, state, and local student privacy laws and policies, including the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g; 34 C.F.R. Part 99).

(10) If an alleged violation is substantiated, the LEA or public charter school shall take appropriate remedial action to ensure that the Prohibited Concept(s) is no longer included in a course of instruction, curriculum and instructional program, or supplemental instructional materials. In order to afford the complainant or the individual alleged to have included or promoted a Prohibited Concept an opportunity to appeal the decision to the Department, remedial action shall not be taken until fifteen (15) calendar days have passed after the date the LEA or public charter school issues the written determination. Such remedial action may include:

(a) Amendment of the course of instruction, curriculum and instructional program, or supplemental instructional materials to address any purported violations of T.C.A. § 49- 6-1019; or (b) Disciplinary action against a teacher for violation of T.C.A. § 49-6-1019(a) in accordance with Tennessee State Board of Education rule 0520-02-03-.09.

(11) The LEA or public charter school shall maintain, for five (5) years, an investigative file containing the complaint, the initiating letter, any interview notes, any electronic or physical evidence obtained, any other notes maintained by the investigator, and a copy of the written determination issued in the matter.

History

Authority: T.C.A. §§ 49-1-201 and 49-6-1019.
Administrative History: Emergency rules filed November 8, 2021; effective through May 7, 2022. Emergency rules expired effective May 8, 2022, and the rules reverted to their previous statuses. New rules filed May 12, 2022; effective August 10, 2022.

Tenn. Comp. R. & Regs. 0520-12-04-.06 EARLY RESOLUTION OF COMPLAINTS

(1) LEAs and public charter schools are encouraged to work collaboratively with parents, teachers, and other employees to resolve concerns and complaints as quickly as possible. At any point after a complaint has been filed, but before a final written determination has been issued by the LEA or public charter school, the LEA or public charter school, the complainant, or the individual alleged to have included or promoted the Prohibited Concept may propose early resolution of the allegations through a resolution agreement.

(2) If a proposed resolution agreement is verbally approved by the LEA or public charter school, the complainant, and the individual alleged to have included or promoted the Prohibited Concept, the LEA or public charter school shall prepare a written resolution agreement to be submitted to the complainant and the individual alleged to have included or promoted the Prohibited Concept summarizing the allegations in the complaint and any agreed upon terms of the early resolution. Entry into an early resolution agreement shall not constitute an admission that the LEA or public charter school knowingly violated T.C.A. § 49-6-1019 or that the individual alleged to have included or promoted the Prohibited Concept, in fact, included or promoted a Prohibited Concept.

(3) Once a written resolution agreement between the LEA or public charter school, the complainant, and the individual alleged to have included or promoted the Prohibited Concept, is signed by all parties, the complaint shall be deemed resolved. The LEA or public charter school is not required to complete its investigation or issue a final written determination.

(4) If a complainant believes that the LEA or public charter school has failed to enforce a written resolution agreement, then entry into an early resolution written agreement does not prohibit a complainant from later filing a new complaint based on the same facts and allegations as the original complaint, provided the complainant files the new complaint within forty-fiv e (45) calendar days of receiving the written resolution agreement from the LEA or public charter school and the complaint is otherwise filed in accordance with Section .05 of these Rules. If the LEA or public charter school enforces a written resolution for the first thirty (30) calendar days, and thereafter fails to enforce a written resolution, the complainant may also file a new complaint.

(5) The sixty (60) calendar day timeline for an LEA or public charter school to complete an investigation and determine whether the allegation(s) in the complaint are substantiated shall not be extended for the purpose of discussing or finalizing an early resolution written agreement.

History

Authority: T.C.A. §§ 49-1-201 and 49-6-1019.
Administrative History: Emergency rules filed November 8, 2021; effective through May 7, 2022. Emergency rules expired effective May 8, 2022, and the rules reverted to their previous statuses. New rules filed May 12, 2022; effective August 10, 2022.

Tenn. Comp. R. & Regs. 0520-12-04-.07 APPEALS TO THE DEPARTMENT

(1) The complainant or the individual alleged to have included or promoted the Prohibited Concept may file an appeal of the LEA or public charter school’s determination with the Department within fifteen (15) calendar days of the date that the LEA or public charter school issues a written determination.

(2) Upon receipt of an appeal, the Department review team shall determine whether it has the

authority to review the appeal. The Department review team shall have the authority to review the appeal if:

(a) The original complaint filed with the LEA or public charter school alleged that a Prohibited Concept was included in a course of instruction, curriculum and instructional program, or supplemental instructional material;

(b) The original complaint was filed with the LEA or public charter school within forty-five (45) calendar days of the Prohibited Concept being included or promoted in a course of instruction, curriculum, instructional program, or supplemental instructional materials, or within forty-five (45) calendar days of these Rules becoming effective;

(d) The appeal contains the information in Section 0520-12-04-.05(5); and (e) The appeal is filed by the complainant or the individual alleged to have included or promoted the Prohibited Concept with the Department within fifteen (15) calendar days of the date that the LEA or public charter school issues a written determination.

(3) If the Department review team determines that it does not have the authority to review the appeal, the Department shall send a letter explaining the basis of the determination to the complainant, the individual alleged to have included or promoted the Prohibited Concept, and the LEA or public charter school in which the allegation(s) arose. If the Department review team determines that it does not have the authority to review an appeal, the LEA or public charter school’s determination shall become a final determination.

(4) If the Department review team determines that it has the authority to review an appeal, the Department review team shall initiate a review and investigation within fifteen (15) calendar days of receiving the appeal. An investigation is “initiated” when the Department review team sends a written notification to the complainant, the individual alleged to have included or promoted the Prohibited Concept, and the LEA or public charter school in which the allegation(s) arose that the appeal and related findings of the allegation(s) shall be investigated.

(5) If the Department determines that it has the authority to review an appeal:

(a) The LEA or public charter school shall not take disciplinary action against a teacher for violation of T.C.A. § 49-6-1019 or these Rules prior to the Department sending a final written determination letter; and (b) The LEA or public charter school may, but is not required to, amend its course of instruction, curriculum and instructional program, or supplemental instructional materials prior to the Department sending a final written determination letter.

(6) As part of the review and investigation, the Department review team shall have the authority to:

(a) Request the investigative file from the LEA or public charter school;

(b) Interview the complainant, the individual alleged to have included or promoted the Prohibited Concept, or any other individual deemed necessary by the Department; and (c) Request any new or additional relevant physical or electronic evidence from the LEA, public charter school, the complainant, the individual alleged to have included or promoted the Prohibited Concept, or any witness.

(7) No later than fifty (50) calendar days after receiving the appeal, the Department review team shall prepare a report summarizing its findings for the Commissioner upon the close of its investigation. The report shall include a recommendation as to whether the Commissioner should uphold the finding(s) of the LEA or public charter school.

(8) After receiving the investigative results and recommendation from the Department review team, but no later than sixty (60) calendar days after receiving the appeal, the Commissioner shall determine whether the LEA’s determination should be upheld or reversed. The sixty (60) calendar day timeline may only be extended if exceptional circumstances exist with respect to a particular appeal and those circumstances are appropriately documented. If there is a need for an extension to the sixty (60) calendar day timeline, the Department shall notify the complainant, the individual alleged to have included or promoted the Prohibited Concept, and the LEA or public charter school in which the allegation(s) arose of this extension in writing.

(9) The Commissioner shall issue a written determination letter to the complainant, the individual alleged to have included or promoted the Prohibited Concept, and the LEA or public charter school from which the allegation(s) arose. Such determination letters shall be subject to all applicable federal and state student privacy laws and policies, including the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g; 34 C.F.R. Part 99).

(10) The written determination letter shall state that LEAs and public charter schools have the right to request a contested case hearing regarding the Department’s written determination. The contested case hearing shall be conducted in accordance with the Tennessee Uniform Administrative Procedures Act at T.C.A. §§ 4-5-301 et seq. and the Rules of the Tennessee Department of State Administrative Procedures Division, Chapter 1360-04-01. If the LEA or public charter school chooses to request a contested case hearing, the LEA or public charter school shall make such a request within thirty (30) calendar days of the Department issuing the written determination of the appeal.

(11) If the LEA or public charter school determines that a Prohibited Concept was included or promoted and the Department upholds that determination on appeal, the LEA or public charter school shall determine whether disciplinary action is warranted against the individual determined to have included or promoted the Prohibited Concept.

History

Authority: T.C.A. §§ 49-1-201 and 49-6-1019.
Administrative History: Emergency rules filed November 8, 2021; effective through May 7, 2022. Emergency rules expired effective May 8, 2022, and the rules reverted to their previous statuses. New rules filed May 12, 2022; effective August 10, 2022.

Tenn. Comp. R. & Regs. 0520-12-04-.08 KNOWING VIOLATIONS

(1) An LEA or public charter school shall be deemed to have “knowingly violated” T.C.A. § 49-6- 1019 if the LEA or public charter school:

(a) Received a complaint from an eligible complainant alleging that a Prohibited Concept was included or promoted in a course of instruction, curriculum and instructional program, or supplemental instructional materials, but failed to initiate an investigation;

(b) Initiated an investigation, but failed to make a determination within sixty (60) calendar days about whether the allegation(s) was substantiated;

(c) Determined that the allegation(s) was substantiated, but failed to remedy the violation; or (d) Knew or reasonably should have known that a Prohibited Concept was included or promoted in a course of instruction, curriculum and instructional program, or supplemental instructional materials, but failed to exercise reasonable diligence and care in remedying the violation. LEAs and public charter schools are expected to exercise reasonable diligence and care in proactively monitoring courses of instruction, curriculum and instructional programs, or supplemental instructional materials and remedying suspected violations where no investigation is required by these Rules.

(2) After sixty (60) calendar days have passed since an eligible complainant filed a complaint with an LEA or public charter school, the eligible complainant may file a notice of knowing violation with the Department on a form provided by the Department. An eligible complainant may, but is not required to, use the complaint form provided by the Department, so long as the complaint contains the information required by Section 0520-12-04-.05(5).

(3) No later than thirty (30) calendar days after receiving the notice of knowing violation, the Department review team shall prepare a report summarizing its findings for the Commissioner.

The report shall include a recommendation as to whether the Commissioner should find that the LEA or public charter school knowingly violated T.C.A. § 49-6-1019.

(4) After receiving the recommendation from the Department review team, but no later than fortyfive (45) calendar days after receiving the notice of knowing violation, the Commissioner shall determine whether the LEA or public charter school knowingly violated T.C.A. § 49-6-1019.

The forty-five (45) calendar day timeline may only be extended if exceptional circumstances exist with respect to a particular appeal and those circumstances are appropriately documented. If there is a need for an extension to the forty-five (45) calendar day timeline, the Department shall notify the individual who filed the notice of knowing violation.

(5) If the Commissioner determines that the LEA or public charter school knowingly violated T.C.A. § 49-6-1019, the Department shall require the LEA or public charter school from which the allegations arose to enter a corrective action plan. The corrective action plan shall identify:

(a) The evidence required to be provided to the Department by the LEA or public charter school in order to demonstrate evidence of compliance;

(b) Specific acts or steps the LEA or public charter school will take to resolve the noncompliance;

(c) Deadlines for the completion of the required acts or steps; and (d) Dates for submission of reports and documentation to the Department verifying implementation.

(6) If an LEA or public charter school enters a corrective action plan, the Department shall:

(a) Monitor the corrective action plan to ensure the LEA or public charter school complies with the terms of the plan;

(b) Provide written notice to the LEA or public charter school of any deficiencies in implementation and shall request immediate and appropriate action to address those deficiencies;

(c) When necessary, require additions to the corrective action plan to address the failure of the LEA or public charter school to fully implement commitments in the original plan; and (d) When the Department determines that the LEA or public charter school has fully implemented the terms of the plan, conclude the monitoring of the corrective action plan by sending written notification to the LEA or public charter school.

(7) If the Commissioner determines that the LEA or public charter school knowingly violated T.C.A. § 49-6-1019, the Department shall withhold the payment of state funds scheduled to be distributed to the LEA or public charter school until the requirements of the corrective action plan have been met. The amount of state funds to be withheld shall be as follows:

First determination of a knowing violation during the school year 2% of annual state funds scheduled to be granted to the LEA Second determination of a knowing violation during the school year 4% of annual state funds scheduled to be granted to the LEA Third determination of a knowing violation during the school year 6% of annual state funds scheduled to be granted to the LEA Fourth determination of a knowing violation during the school year 8% of annual state funds scheduled to be granted to the LEA Fifth or more determination of a knowing violation during the school year 10% of annual state funds scheduled to be granted to the LEA

History

Authority: T.C.A. §§ 49-1-201 and 49-6-1019.
Administrative History: Emergency rules filed November 8, 2021; effective through May 7, 2022. Emergency rules expired effective May 8, 2022, and the rules reverted to their previous statuses. New rules filed May 12, 2022; effective August 10, 2022.

Chapter 0520-12-05 Tennessee Investment in Student Achievement (TISA)

Tenn. Comp. R. & Regs. 0520-12-05-.01 INTRODUCTION TO TISA

(1) In accordance with Tennessee Code Annotated, Title 49, Chapter 3, Part 1, and these rules, beginning with the 2023-2024 school year, the Department of Education shall implement the Student-based funding formula known as the Tennessee Investment in Student Achievement (TISA) formula as the system for funding education for kindergarten through grade twelve (K- 12) public schools.

(2) As part of TISA, each Student generates a funding allocation that includes the following:

(a) The Base Funding Amount that each Student generates towards the Student’s funding allocation in a given year;

(b) Weighted Allocations for which the individual Student satisfies the criteria established in T.C.A. § 49-3-105(b) and Rule 0520-12-05-.04; and (c) Direct Allocations for which the individual Student satisfies the criteria established in T.C.A. § 49-3-105(c) and Rule 0520-12-05-.05.

History

Authority: T.C.A. §§ 49-3-103(b) and (c), 49-3-105, and 49-3-115.
Administrative History: New rules filed November 17, 2022; effective February 15, 2023.

Tenn. Comp. R. & Regs. 0520-12-05-.02 CHAPTER DEFINITIONS

(1) “Ancillary Special Education Direct Services” (ULN 8) means Special Education Direct Services provided in a general or special education setting that are deemed by the IEP team to be the Student’s Least Restrictive Environment, as required by state and federal law, by an ancillary person, including but not limited to, an interpreter, instructional assistant, or attendant for a minimum of four (4) hours per day.

(2) “Authorizing Entity” means a local board of education, the Tennessee Public Charter School Commission, or the Achievement School District authorized to make decisions regarding approval, renewal, and revocation of a public charter school application or agreement.

(3) “Average Daily Membership” or “ADM,” pursuant to T.C.A. § 49-3-104(1), means the sum of the total number of days a Student is enrolled divided by the number of days school is in session during this period.

(4) “Base Funding Amount,” pursuant to T.C.A. § 49-3-104(2), means the uniform dollar amount that each Student generates towards the Student’s TISA funding allocation in a given year.

(5) “Baseline Funding Amount,” pursuant to T.C.A. § 49-3-104(3), means:

(a) The basic education program allocations an LEA received in the 2022-2023 school year;

(b) The coordinated school health grant allocations an LEA received in the 2022-2023 school year;

(c) The family resource center grant allocations an LEA received from the Department in the 2022-2023 school year; and (d) The school safety grant allocations an LEA received in the 2022-2023 school year.

(6) “Career and Technical Program,” pursuant to T.C.A. § 49-3-104(4), means a coordinated, nonduplicative sequence of academic and technical content that:

(a) Incorporates challenging state academic standards;

(b) Addresses academic and technical knowledge and skills, including employability skills;

(d) Progresses in specificity, beginning with all aspects of an industry or career cluster and leading to more occupation-specific instruction, including early postsecondary instruction;

(e) Has multiple entry and exit points that incorporate credentialing;

(f) Culminates in the attainment of a recognized credential; and (g) Is established and categorized into one (1) of three (3) levels by the Department, as provided in Rule 0520-12-05-.05, based on the additional resources required to support the program and the Wage-Earning Potential for Students participating in the program.

(7) “Characteristics of Dyslexia” (ULN 2) means reading challenges that are identified when a Student is:

(a) Identified by the composite score of the universal reading screener and/or the Early Warning System (in grades 9-12 only); and (b) Demonstrates deficiencies in fifty percent (50%) or more of the grade appropriate subtests of skills which support the goal of reading proficiently as identified by the Department’s Minimum Universal Reading Screening Matrix.

(8) “Commissioner,” pursuant to T.C.A. § 49-3-104(5), means the commissioner of education.

(9) “Concentrated Poverty,” pursuant to T.C.A. § 49-3-104(6), means that a Student is a member in a school that is eligible for Title I schoolwide designation.

(10) “Consultation” means services provided by licensed staff to licensed staff, with minimal special education and Related Services (if any) provided directly to the Student. Consultation may include but is not limited to: discussion on the implementation of the current Individualized Education Program (IEP); review of current accommodations and progress on goals; implementation of behavior intervention plan (BIP) and/or behavior data; and/or collaboration to revise and develop future IEPs and BIPs.

(11) “Department,” pursuant to T.C.A. § 49-3-104(7), means the department of education.

(12) “Direct Allocation,” pursuant to T.C.A. § 49-3-104(8), means an allocation in addition to the Base Funding Amount for a Student expressed as a flat dollar amount.

(13) “Direct ESL Services” means English as a Second Language (ESL) services designed for speakers of other languages and provided pursuant to an ILP by a teacher with an ESL endorsement to EL Students.

(14) “Dyslexia” means a specific learning disability as defined in State Board Special Education Rules Chapter 0520-01-09, that is neurobiological in origin. It is characterized by difficulties with accurate and/or fluent word recognition and by poor spelling and decoding abilities. These difficulties typically result from a deficit in the phonological component of language that is often unexpected in relation to other cognitive abilities and the provision of effective classroom instruction. Secondary consequences may include problems in reading comprehension and reduced reading experience that can impede growth of vocabulary and background knowledge.

(15) “Early Post-Secondary Opportunities” or “EPSOs,” for the purposes of 0520-12-05-.06, are opportunities for students to earn postsecondary credit(s) or clock hours while in high school and include Advanced Placement (AP), Cambridge International Examinations (CIE), College Level Examination Program (CLEP), Dual Enrollment (DE), International Baccalaureate (IB), Local Dual Credit (LDC), Statewide Dual Credit (SDC), and department-promoted industry credentials (IC).

(16) “Early Warning System” means a tool that allows school-level teams to manage attendance, behavior, and academic performance indicators that may impact academic performance and/or indicate other risk factors for high school Students.

(17) “Economically Disadvantaged,” pursuant to T.C.A. § 49-3-104(10), means, as defined in Tennessee’s Every Student Succeeds Act (ESSA) plan established pursuant to the federal Every Student Succeeds Act (20 U.S.C. §§ 6301 et seq.), a homeless, foster, runaway, or migrant Student or a Student eligible for free or reduced-price school meals or milk through the direct certification eligibility guidelines established pursuant to 42 U.S.C. §§ 1751-1766 and 42 U.S.C. 1769.

(18) “Education Information System” means the reporting system(s) used by the state which contains data about Students and other data provided by Local Education Agencies, public charter schools, and other state applications as required by T.C.A. § 49-1-209.

(19) “English Learner” or “EL” means an NELB Student who qualifies for ESL services via a Department-approved English Language Proficiency screener.

(20) “English Learner Tier I” (ULN 2) means an EL Student meeting one (1) of the following criteria:

(a) Transition supports, as outlined in the Student’s ILP pursuant to State Board of Education Rules, Chapter 0520-01-19, for transitional English Learners who have met the exit criteria for the ESL program, in accordance with the State Board of Education Rules

Chapter 0520-01-19, and are in year one (1) or two (2) after exiting;

(b) Indirect ESL services in accordance with State Board of Education Rules 0520-01-19, whose parent(s) or legal guardian(s) have waived Direct ESL Services; or (c) ESL services for Long-Term English Learners.

(21) “English Learner Tier II” (ULN 4) means an EL Student who receives Direct ESL Services and academic and career-readiness supports that provide access to classroom instruction for English Learners, as outlined in the Student’s ILP pursuant to State Board of Education Rules,

Chapter 0520-01-19, and who does not meet the definition of English Learner Tier I or English Learner Tier III.

(22) “English Learner Tier III” (ULN 5) means an EL Student who receives Direct ESL Services specific to language-focused supports for English Learners, as outlined in the Student’s ILP pursuant to State Board of Education Rules, Chapter 0520-01-19, based on a WIDA overall proficiency level of three (3) or lower and for a maximum of three (3) years.

(23) “EPSO Credit” means the completion of an Early Post-Secondary Opportunity that results in either postsecondary credit(s) or clock hours, a passing score on approved exams, or a Tier II or Tier III industry credential as identified by the Department.

(24) “Existing Educator,” pursuant to T.C.A. § 49-3-104(11), means an individual who is evaluated pursuant to § 49-1-302(d)(2) and who provides direct service to Students at school sites.

(25) “Fiscal Capacity,” pursuant to T.C.A. § 49-3-104(12), means the percentage of the Local Share that a county must contribute.

(26) “Fiscal Capacity Calculation,” pursuant to T.C.A. § 49-3-104(13), means the formula evaluated by the Comptroller of the Treasury and approved by the State Board that determines Fiscal Capacity as the average of the Fiscal Capacity estimates generated by the formula established by the Boyd Center for Business and Economic Research (CBER) at the University of Tennessee and the formula established by the Tennessee Advisory Commission on Intergovernmental Relations (TACIR).

(27) “High-Support Special Education Direct Services” (ULN 7) means Special Education Direct Services and/or Related Services provided in the general or special education setting deemed by the IEP team to be the Student’s Least Restrictive Environment, as required by state and federal law, by certified or non-certified staff totaling more than or equal to fourteen (14), but less than twenty-three (23) hours per week. Eligible Related Services include psychological, school social work, speech/language, school health counseling, vision, hearing, orientation and mobility services, occupational and physical therapy. Recreational therapy and other Related Services are excluded.

(28) “Indirect ESL Services” means ESL services that provide linguistically and academically appropriate accommodations and scaffolding pursuant to an ILP that are:

(a) Provided as a result of parent(s) or guardian(s) waiving Direct ESL Services;

(b) Provided by a general education teacher in the general education classroom; and (c) Designed to ensure EL Students have access to daily grade level instruction in English.

(29) “Individualized Learning Plan” or “ILP” means a document developed pursuant to State Board of Education Rules, Chapter 0520-01-19 that prescribes the academic goals, supports, and/or accommodations that an EL student needs to access classroom instruction.

(30) “Individualized Learning Plan - Dyslexia” or “ILP-D” means a document developed by the LEA or public charter school for Students with Characteristics of Dyslexia in accordance with T.C.A. § 49-1-229 and State Board of Education Rules, Chapter 0520-01-22, that prescribes the academic goals, supports, and/or accommodations that a Student may need to access classroom instruction, in addition to exit criteria.

(31) “Least Restrictive Environment” pursuant to 20 U.S.C. 1412(a)(5), means to the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children without disabilities, and special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

(32) “Limited Special Education Direct Services” (ULN 3) means Special Education Direct Services and/or Related Services provided in the general or special education setting deemed by the IEP team to be a Student’s Least Restrictive Environment, as required by state and federal law by certified or non-certified staff totaling more than or equal to four (4), but less than nine (9) hours per week. Eligible Related Services include psychological, school social work, speech/language, school health counseling, vision, hearing, orientation and mobility services, occupational and physical therapy. Recreational therapy and other Related Services are excluded.

(33) “Local Contribution,” pursuant to T.C.A. § 49-3-104(14), means the dollar amount of local funds that a local government must pay toward the Local Share.

(34) “Local Education Agency” or “LEA,” pursuant to T.C.A. § 49-3-104(15), means a county, city, or special school district, unified school district, school district of a metropolitan form of government, or another school system established by law.

(35) “Local Share,” pursuant to T.C.A. § 49-3-109(b), which must be paid with local government funds, is the remaining thirty percent (30%) of the total funding allocation that Students funded by a local government generate pursuant to § 49-3-105(a)(1) and (a)(2).

(36) “Long-Term English Learners” means English Learners in year seven (7) of the ESL program who have not met the program’s exit criteria pursuant to State Board of Education Rules,

Chapter 0520-01-19.

(37) “Membership,” pursuant to T.C.A. § 49-3-104(16), means a Student is enrolled and assigned to a class.

(38) “Minimal Special Education Direct Services” (ULN 2) means special education and Related Services provided in the general or special education setting deemed by the IEP team to be a Student’s Least Restrictive Environment, as required by state and federal law by certified or non-certified staff totaling more than or equal to one (1), but less than four (4) hours per week.

Eligible Related Services include psychological, school social work, speech/language, school health counseling, vision, hearing, orientation and mobility services, occupational and physical therapy. Recreational therapy and other Related Services are excluded.

(39) “Minimum Universal Reading Screening Matrix” means a state-designed tool that identifies the subtests required at each grade level for all state-approved universal reading screeners and determines the grade appropriate subtests necessary for the screening process for Characteristics of Dyslexia.

(40) “Moderate Special Education Support Direct Services” (ULN 6) means special education direct and/or Related Services provided in the general or special education setting deemed by the IEP team to be a Student’s Least Restrictive Environment, as required by state and federal law, by certified or non-certified staff totaling more than or equal to nine (9), but less than fourteen (14) hours per week. Eligible Related Services include psychological, school social work, speech/language, school health counseling, vision, hearing, orientation and mobility services, occupational and physical therapy. Recreational therapy and other Related Services are excluded.

(41) “Most Intensive Special Education Support Direct Services” (ULN 9) means:

(a) Direct and/or Related Services provided in the general or special education setting deemed by the IEP team to be a Student’s Least Restrictive Environment, as required by state and federal law totaling twenty-three (23) or more hours per week. Eligible Related Services include psychological, school social work, speech/language, school health counseling, vision, hearing, orientation and mobility services, occupational and physical therapy. Recreational therapy and other Related Services are excluded; or (b) Direct and/or Related Services to a Student in a comprehensive development classroom or self-contained setting deemed by the IEP team to be a Student’s Least Restrictive Environment, as required by state and federal law totaling thirty-two and a half (32.5) or more hours per week. Eligible Related Services include psychological with a minimum of two contacts per month, counseling with a minimum of two contacts per month, speech/language with a minimum of two contacts per month, vision or hearing services with a minimum of one hour per week, or physical or occupational therapy with a minimum of three contacts per year.

(42) “Non-English Language Background (NELB) Student” means a Student whose parent(s) or guardian(s) list a language other than English in response to any question on the home language survey. An NELB Student may or may not qualify for ESL services.

(43) “Postsecondary Readiness Assessment,” pursuant to T.C.A. § 49-3-104(17), means the assessment required pursuant to T.C.A. § 49-6-6001(b).

(44) “Related Services,” pursuant to 34 C.F.R. 300.34, means transportation and such developmental, corrective, and other supportive services required to assist a child with a disability to benefit from special education, including, but not limited to, speech-language pathology and audiology services; interpreting services; psychological services; physical and occupational therapy; transition services, including job placement; recreation, including therapeutic recreation; early identification and assessment of disabilities in children; counseling services, including rehabilitation counseling with a focus on career development, employment preparation, achieving independence, and integration in the workplace and community of a child with a disability; orientation and mobility services; medical services for diagnostic or evaluation purposes; school health services and school nurse services; social work services in schools; and Parent Counseling and training.

(45) “Significant Growth,” for the purpose of Rule 0520-12-05-.06, means a Student who has moved from one performance band to a higher performance band over consecutive years.

(46) “Small District,” pursuant to T.C.A. § 49-3-104(18), means an LEA with a Membership of one thousand (1,000) or fewer Students.

(47) “Sparse District,” pursuant to T.C.A. § 49-3-104(19), means a county LEA located in a county with fewer than twenty-five (25) Students per square mile.

(48) “Special Education Consultation Services” (ULN 1) means:

(a) Consultation, with a minimum of two (2) contacts per month between the LEA personnel;

(b) Occupational therapy or physical therapy consultation with a minimum of three (3) contacts per year between the related service provider and other LEA personnel; or (c) Special Education Direct Services provided in a Student’s Least Restrictive Environment, as required by state and federal law, are less than one (1) hour per week and Related Services are less than one (1) hour per week.

(d) Eligible Related Services include psychological, school social work, speech/language, school health counseling, vision, hearing, orientation and mobility services, occupational and physical therapy. Recreational therapy and other Related Services are excluded.

(49) “Special Education Direct Services” means special education services provided in the general or special education setting deemed by the IEP team to be the Student’s Least Restrictive Environment, as required by state and federal law, by certified or non-certified staff directly to Students. Services include, but are not limited to:

(a) Speech and language therapy in the general or special education setting;

(b) Co-teaching model in which a certified general education teacher and a certified special education teacher deliver coordinated instruction in the general education classroom;

(d) Pull-out services in the special education setting; and (e) Deficit-based intervention services.

(50) “Special Education Residential/Homebound/Hospital Services” (ULN 10) means:

(a) Residential services are provided twenty-four (24) hours per day; or (b) Direct and Related Services provided in a home, hospital, or related site three (3) or more hours per week.

(51) “SOC” means a Standard Occupational Classification system. This is a federal statistical standard used by federal agencies to classify workers into occupational categories for the

purpose of collecting, calculating, or disseminating data. All workers are classified into one of 867 detailed occupations according to their occupational definition.

(52) “State Board” pursuant to T.C.A. § 49-3-104(20), means the state board of education.

(53) “Student” means an individual enrolled in a public K-12 LEA or a public charter school.

(54) “Student with a Disability” means a child between three (3) and twenty-one (21) years of age, both inclusive, who has been evaluated and determined as having a state-identified disability of functional delay or intellectually gifted, or as having one (1) or more of the following disabilities as defined in 34 C.F.R. § 300.8: an intellectual disability; a hearing impairment, including deafness; a speech or language impairment; a visual impairment, including blindness; emotional disturbance; an orthopedic impairment; autism; traumatic brain injury; other health impairment; a specific learning disability; developmental delay; deaf-blindness; or multiple disabilities and who, by reason thereof, needs special education and Related Services.

Any child with a disability who turns twenty-two (22) years of age between the commencement of the school year and the conclusion of the school year continues to be a child with a disability for the remainder of that school year.

(55) “TCAP,” pursuant to T.C.A. § 49-3-104(21), means the Tennessee Comprehensive Assessment Program.

(56) “Tennessee Investment in Student Achievement Formula” or “TISA,” pursuant to T.C.A. § 49- 3-104(22), means the Student-based funding formula established pursuant to this part that consists of Student-generated funding allocations pursuant to T.C.A. §§ 49-3-105 and 49-3- 106.

(57) “Unique Learning Need” or “ULN,” pursuant to T.C.A. § 49-3-104(23), means a learning need for which an LEA must provide the Student individualized services, interventions, accommodations, or modifications to meet the Student’s need pursuant to T.C.A. § 49-1-229, T.C.A. § 49-10-108, the Individuals with Disabilities Education Act (20 U.S.C. §§ 1400 et seq.), or the State Board’s rules for ESL programs, that are documented in a written plan and provided in accordance with T.C.A. § 49-1-229, T.C.A. § 49-10-108, the Individuals with Disabilities Education Act (20 U.S.C. §§ 1400 et seq.), or the State Board’s rules for English as a second language programs, as applicable, and that are established and categorized into ten (10) levels by the Department, as provided in the Department’s rules, based on the level of additional resources necessary to manage the ULN.

(58) “Wage-Earning Potential” means the combination of high-wage, high-demand, and high-skill indicators for occupations using data provided through the Tennessee Department of Labor and Workforce Development.

(59) “Weighted Allocation,” pursuant to T.C.A. § 49-3-104(24), means an allocation in addition to the Base Funding Amount for a Student that is expressed as a percentage of the Base Funding Amount.

History

Authority: T.C.A. §§ 49-3-103(c) and 49-3-115.
Administrative History: New rules filed November 17, 2022; effective February 15, 2023. Amendments filed November 27, 2023; effective February 25, 2024. Amendments filed March 25, 2024; effective June 23, 2024.

Tenn. Comp. R. & Regs. 0520-12-05-.03 BASE FUNDING AMOUNT

The Base Funding Amount in a given year is subject to an annual appropriation by the Tennessee General Assembly.

History

Authority: T.C.A. §§ 49-3-103(c) and 49-3-115.
Administrative History: New rules filed November 17, 2022; effective February 15, 2023.

Tenn. Comp. R. & Regs. 0520-12-05-.04 WEIGHTED ALLOCATIONS

(1) Pursuant to T.C.A. § 49-3-105(b), a Student generates Weighted Allocations, none of which are mutually exclusive of another.

(2) Weighted Allocations shall be multiplied by the Base Funding Amount to generate additional funds to support Student needs.

(3) Weighted Allocations shall be generated for the following Student characteristics and percentages:

(a) Economically Disadvantaged: The Weighted Allocation for a Student who is Economically Disadvantaged is twenty-five percent (25%).

(b) Concentrated Poverty: The Weighted Allocation for a Student who experiences Concentrated Poverty is five percent (5%).

(d) Sparse District: The Weighted Allocation for a Student who resides in a Sparse District is five percent (5%).

(e) There are ten (10) levels of ULN Weighted Allocations which are based on the additional resources necessary to manage each ULN. A Student generates ULN Weighted Allocations for primary and secondary services for Special Education and Related Services, for English Learner status, and for Characteristics of Dyslexia status. A Student generates a Weighted Allocation for each of the Student’s ULNs as follows:

ULN (1) is weighted at fifteen percent (15%) for a Student with Special Education Consultation Services.
ULN (2) is weighted at twenty percent (20%) for a Student with:

(i) Minimal Special Education Direct Services;

(ii) Characteristics of Dyslexia; and/or (iii) English Learner Tier I.

ULN (3) is weighted at forty percent (40%) for a Student with Limited Special Education Direct Services.
ULN (4) is weighted at sixty percent (60%) for a Student with English Learner Tier II.
ULN (5) is weighted at seventy percent (70%) for a Student with English Learner Tier III.
ULN (6) is weighted at seventy-five percent (75%) for a Student with Moderate Special Education Support Direct Services.
ULN (7) is weighted at eighty percent (80%) for a Student with High-Support Special Education Direct Services.
ULN (8) is weighted at one hundred percent (100%) for a Student with Ancillary Special Education Direct Services.
ULN (9) is weighted at one hundred twenty-five percent (125%) for a Student with Most Intensive Special Education Support Direct Services.
ULN (10) is weighted at one hundred fifty percent (150%) for a Student with Special Education Residential/Homebound/Hospital Services.

(4) Student Eligibility and Requirements for ULN Weighted Allocations:

(a) Students Receiving Special Education and Related Services:

A Student generates a Weighted Allocation aligned to special education and Related Services if the Student:

(i) Has been determined eligible for special education and Related Services in accordance with the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. §§ 1400 et seq.); T.C.A. § 49-10-108; and the State Board of Education Rules, Chapter 0520-01-09, for special education;

(ii) Has a finalized IEP; and (iii) Meets the requirements of the applicable ULN.

LEAs shall ensure that each Student eligible for special education and Related Services receives individualized services, interventions, accommodations, and modifications that provide a free appropriate public education (FAPE) in accordance with the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. §§ 1400 et seq.); T.C.A. Title 49, Chapter 10; and the State Board of Education Rules, Chapter 0520-01-09, for special education.
To the maximum extent appropriate, each Student must be educated in the Student’s Least Restrictive Environment alongside the Student’s typicallydeveloping peers. Special classes, separate schooling, or other removals of the Student from the general educational environment must occur only when, and to the extent that, the Student’s IEP team determines that the nature of severity of the Student’s disability is such that education in general education classes with the use of supplementary aids and services cannot be achieved satisfactorily.

(b) Students with Characteristics of Dyslexia:

A Student generates a Weighted Allocation aligned to ULN 2 for Characteristics of Dyslexia if the Student:

(i) Has been determined to have Characteristics of Dyslexia because the Student:

(I) Meets one (1) of the following criteria:

I. Is in grades K-3 and falls below the 25th percentile on the composite score on the Tennessee universal reading screener provided by the Department or on a nationally normed, skillsbased universal reading screener approved by the State Board;

II. Is in grades 4-8, and falls below the 25th percentile on the composite score on a nationally normed, skills-based universal reading screener; or III. Is in grades 9-12 and the LEA’s Early Warning System detects that the Student may be at-risk for a reading deficit; and (II) Displays deficits in fifty percent (50%) or more of the gradeappropriate subtests identified by the state’s Minimum Universal Reading Screening Matrix, which could include the following areas:

I. Phonological awareness;

II. Phonemic awareness;

III. Sound symbol recognition;

IV. Alphabet knowledge;

V. Decoding skills;

VI. Rapid naming; or VII. Encoding skills; and (ii) Has a finalized ILP-D in accordance with T.C.A. § 49-1-229 and the State Board rules on Dyslexia; and (iii) As observed and agreed upon by both the Student’s teacher and parent(s) or guardian(s), has demonstrated the Characteristics of Dyslexia as described the Dyslexia Resource Guide, developed pursuant to T.C.A. § 49- 1-229.

A Student shall not generate a Weighted Allocation for ULN 2 for Characteristics of Dyslexia if:

(i) A parent or legal guardian declines an ILP-D;

(ii) The Student with an ILP-D is subsequently determined eligible for special education and Related Services to support deficiencies in the area(s) of basic reading, reading fluency, or reading comprehension; or (iii) The Student has a primary or secondary eligibility category on the Student’s finalized IEP to support deficiencies in the area(s) of basic reading, reading fluency, or reading comprehension.

Each LEA shall:

(i) Develop for Students with Characteristics of Dyslexia in grades K-3, a language-focused ILP-D that provides appropriate tiered Dyslexia-specific interventions in accordance with T.C.A. § 49-1-229 and the State Board of Education Rules, Chapter 0520-01-22 and is designed to provide access to instruction aligned to grade level academic standards;

(ii) Develop for Students with Characteristics of Dyslexia in grades 4-12, an ILP- D that provides appropriate tiered Dyslexia-specific intervention in accordance with T.C.A. § 49-1-229 and is designed to provide access to instruction aligned to grade level academic standards and access to assistive technology supports;

(iii) At least annually, review and revise each Student’s ILP-D;

(iv) Notify in writing the parent(s) or legal guardian(s) of a Student with Characteristics of Dyslexia:

(I) Before implementing the Student’s ILP-D;

(II) Of progress monitoring data;

(III) Regarding the special education referral process;

(IV) Of the parent’s or legal guardian’s right to decline an ILP-D and that declining an ILP-D does not constitute a waiver of RTI2 services; and (v) Adopt and implement an oversight plan that outlines the development, implementation, and monitoring of ILP-Ds for Students with Characteristics of Dyslexia in accordance with this rule, State Board of Education Rule

Chapter 0520-01-22-.02, and the Tennessee Investment in Student Achievement (TISA) Guide.

A Student identified as an English Learner shall qualify for one (1) ULN Weighted Allocation aligned to the ILP and services provided as detailed below.

(i) A Student generates a Weighted Allocation aligned to ULN 2 if the English Learner:

(I) Has a finalized ILP pursuant to State Board of Education Rules,

Chapter 0520-01-19;

(II) Meets the definition of English Learner Tier I by meeting one (1) of the following criteria:

I. The Student is a Long-Term English Learner;

II. The Student is a transitional English Learner who has met the exit criteria for the ESL program in accordance with State Board of Education Rules, Chapter 0520-01-19, and is in year one (1) or two (2) after exiting; or III. The Student’s parent(s) or legal guardian(s) have waived Direct ESL Services.

(ii) A Student generates a Weighted Allocation aligned to ULN 4 if the English Learner:

(I) Has a finalized ILP pursuant to State Board of Education Rules,

Chapter 0520-01-19;

(II) Meets the definition of English Learner Tier II; and (III) Is receiving Direct ESL Services.

(iii) A Student generates a Weighted Allocation aligned to ULN 5 if the English Learner:

(I) Has a finalized ILP pursuant to State Board of Education Rules,

Chapter 0520-01-19;

(II) Meets the definition of English Learner Tier III by meeting both of the following:

I. The Student scores an overall proficiency level of three (3) or lower on the WIDA;

II. The Student has received three (3) years or less of ESL services; and (III) Is receiving Direct ESL Services.

Each LEA shall:

(i) Develop and implement an ILP in accordance with State Board of Education Rules, Chapter 0520-01-19, for each English Learner in grades K-3 which includes Direct ESL Services and language focused supports to provide access to instruction aligned to grade level academic standards;

(ii) Develop and implement an ILP in accordance with the State Board of Education Rules, Chapter 0520-01-19, for each English Learner in grades 4-12 which includes Direct ESL Services and academic and career readiness supports that provide access to classroom instruction;

(iii) At least annually, review and revise, as necessary, each Student’s ILP in accordance with State Board of Education Rules, Chapter 0520-01-19;

(iv) Comply with the parent and legal guardian participation and notification requirements in State Board of Education Rules, Chapter 0520-01-19, and Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.); and (v) Adopt and implement an oversight plan that outlines the development, implementation, and monitoring of ILPs for English Learners in accordance with this rule, State Board of Education Rules, Chapter 0520-01-19, and the TISA guide.

(5) The Department shall:

(a) Monitor LEAs and public charter schools to ensure they are developing IEPs that provide educational services to Students in the Student’s Least Restrictive Environment in compliance with T.C.A. § 49-10-108 and the Individuals with Disabilities Education Act (20 U.S.C. §§ 1400 et seq.);

(b) Develop appropriate corrective action plans when non-compliance with this rule or with T.C.A. §§ 49-3-101 et seq. is identified;

(c) Monitor LEAs and public charter schools for disproportionate identification of Students with Disabilities, Students with Characteristics of Dyslexia, and English Learners. LEAs identified with disproportionate identification based on state and local trend data will receive enhanced monitoring and technical assistance; and (d) Provide training and technical assistance regarding the provisions of this rule and T.C.A. §§ 49-3-101 et seq. to LEA and public charter school personnel upon request.

History

Authority: T.C.A. §§ 49-3-103(c), 49-3-105(b)(5), and 49-3-115.
Administrative History: New rules filed November 17, 2022; effective February 15, 2023.

Tenn. Comp. R. & Regs. 0520-12-05-.05 DIRECT ALLOCATIONS

(1) Direct Allocations. The amount set for Direct Allocations generated for each Student listed in T.C.A. § 49-3-105(c), for the LEA in which the Student is a member, are subject to an annual appropriation by the Tennessee General Assembly and shall be based on Students meeting one (1) or more of the following criteria:

(a) Rising Fourth Grade Students. A Direct Allocation amount is generated for a rising fourth grade Student who is determined not to be proficient in English language arts (ELA) based on the Student achieving a performance level rating of “below” or “approaching” on the ELA portion of the Student’s most recent TCAP test.

(b) Students Enrolled in Career and Technical Programs.

Pursuant to T.C.A. § 49-3-105(c)(2), a Direct Allocation amount is generated for each Student Membership in a Career and Technical Program based on:

(i) The level of the program; and (ii) The Student progression in coursework through the program.

Career and Technical Programs shall be designated into one (1) of three (3) levels.

Programs will be classified into the three (3) levels based on alignment to Wage- Earning Potential indicators and additional resources required to support the program if aligned to high Wage-Earning Potential occupational pathways.

(i) The level of each program will be determined by the following methodology:

(I) SOC Codes will be reviewed for alignment to each program.

I. For each program, the Department will develop a list of aligned careers in conjunction with stakeholder groups. The list of each program will be based on the SOC codes.

II. For each program’s list of aligned SOC codes, the SOC codes with the top ten (10) highest employments in Tennessee will be used in the scoring process outlined below in this Rule. If a program’s list of aligned SOC codes is fewer than ten (10) SOC codes, then the available SOC codes will be used for the analysis outlined below in this Rule.

(II) Programs will be scored using information on aligned SOC codes to establish the Wage-Earning Potential for each program by analyzing high-wage, high-demand, and high-skill data points. Each of the analyses detailed below will begin with the list of up to ten (10) SOC codes identified within each program as detailed above.

I. High-wage score determination:

A. Using occupational wage data provided by the Tennessee Department of Labor and Workforce Development (TDLWD), the Department will identify the top five (5) median wage SOC codes within a program. If a program has fewer than five (5) aligned SOC codes, then the available SOC codes will be used for the purposes of this determination.

B. The median wages of the top (5) SOC codes will then be averaged together to produce the average median-wage of the program.

C. The resulting average median wage for each program will then be compared to the statewide median-wage. The comparison will result in a score ranging from one (1) to five (5) for the high-wage score based on the following:

(A) Average median wages at or below the statewide median will earn a score of one (1).

(B) Average median wages above 100% to 120% of the statewide median will earn a score of two (2).

(D) Average median wages above 130% to 140% of the statewide median will earn a score of four (4).

(E) Average median wages above 140% of the statewide median will earn a score of five (5).

II. High-demand score determination:

A. Using employment projection data provided by the TDLWD, the Department will identify the top five (5) indemand SOC codes within each program based on regional prevalence of demand and volume of demand. If a program has fewer than five (5) aligned SOC codes, then the available SOC codes will be used for the purposes of this determination.

B. For each aligned SOC code, the in-demand indicator will be based on the number of regions in which the SOC code is identified as in-demand using the following scores:

(A) For a SOC code identified as in-demand in eight (8) or nine (9) workforce development regions, the SOC code will earn a score of four (4).

(B) For a SOC code identified as in-demand in five (5) to seven (7) workforce development regions, the SOC code will earn a score of three (3).

(C) For a SOC code identified as in-demand in three (3) to four (4) workforce development regions, the SOC code will earn a score of two (2).

(D) For a SOC code identified as in-demand in two (2) or fewer workforce development regions, the SOC code will earn a score of one (1).

(E) If a SOC code is projected to have annual openings in the most recent employment projections of equal to or more than one thousand (1,000), the SOC code will earn a score of four (4) regardless of the regional prevalence score determined in the above paragraphs.

C. The scores for the top five (5) in-demand SOC codes will be averaged to generate the overall high-demand score for the program, ranging from one (1) to four (4).

D. If the sum total of annual openings projected by the most recent employment projections for the five (5) top SOC codes is equal to or more than three thousand (3,000), then the program will score a four (4) for the high-demand score.

III. High-skill score determination:

A. Using the same set of top five (5) SOC codes identified in the high-wage score process and data provided by the TDLWD, the Department will total the number of SOC codes with a typical entry education level above a high school diploma. If a program has fewer than five (5) aligned SOC codes, then the available SOC codes will be used for the purpose of this determination.

(A) SOC codes with typical entry education levels above a high school diploma (postsecondary nondegree award, some college, no degree, associate’s degree, bachelor’s degree, master’s degree, doctoral or professional degree) will generate a score of one (1).

(B) SOC codes with typical entry education levels at or below a high school diploma (high school diploma or equivalent or no formal educational credential) will generate a score of zero (0).

B. The program will generate an overall high-skill score based on the sum of the identified SOC codes using the following:

(A) If the sum is five (5), the program generates a score of two (2).

(B) If the sum is three (3) to four (4), the program generates a score of one (1).

(III) Weights and final program scores:

I. To determine a final program score, the high-wage, highdemand, and high-skill scores calculated above will be weighted in the following methodology:

A. High-wage will be weighted at 70%.

B. High-demand will be weighted at 20%.

C. High-skill will be weighted at 10%.

II. The formula for final program score is (High-Wage Score x 0.7) + (High-Demand Score x 0.2) + (High-Skill Score x 0.1) = final program score.

(IV) Tiers and additional resources:

I. The final program scores will be divided into three (3) levels based on the following methodology:

A. Programs at or above the eightieth (80th) percentile of all scores will be identified as Level 3.

B. Program scores between the fortieth (40th) and eightieth (80th) percentile of scores will be identified as Level 2.

C. Program scores below the fortieth (40th) percentile of scores will be identified as Level 1.

II. Additional resources: The Department shall evaluate and establish a list of high-cost programs to reflect the additional resources needed to support the program. For programs identified in the top ten percent (10%) of additional resources needed, if the program falls into either Level 2 or Level 3, then the Department will apply an additional level of funding for student membership in these programs as identified in the appropriations process.

Student progression in coursework through a program shall be determined by each course’s alignment as a first, second, third, or fourth year course of the career and technical education program.
Special Considerations - Career and Technical Program Levels.

(i) If a course appears in multiple programs and the aligned programs represent two (2) or more different levels as identified in Paragraph (b)(2) of this Rule, then the course will be funded at the highest level of the aligned program.

(ii) Career and Technical Program courses for elective credit and middle school Career and Technical Program courses will be valued the same as a Student assigned to the first year of a level one (1) Career and Technical Program.

Funding for general education courses that are part of a Career and Technical Program will not be funded as part of the Career and Technical Program.

By July 1 of each year, the Department shall:

(i) Create and publish a listing of all approved Career and Technical Program courses and determine for each course whether it aligns with first, second, third, or fourth year of the Career and Technical Program;

(ii) Create and publish a listing of all approved Career and Technical Programs by level;

(iii) Conduct an annual review of Wage-Earning Potential indicators through data from the Tennessee Department of Labor and Workforce Development and other sources, for all occupations and ensure alignment to approved Career and Technical Programs; and (iv) Conduct an annual review of additional resources required to support Career and Technical Programs.

With the exception of the first year of implementation, program levels and course assignment to progression years, while evaluated annually, will be updated for TISA funding purposes every three (3) years to allow LEAs appropriate time to align programs. This re-evaluation, including additional resources analysis, will be released by July 1 on the three (3) year cycle and become effective for the subsequent fiscal year, providing a full year between the release date and the year in which data will drive updated funding implications.

(c) Students Taking a Postsecondary Readiness Assessment. A Direct Allocation amount is generated, which shall be maintained by the Department and used to fund the cost of Postsecondary Readiness Assessments, for each Student meeting one (1) or more of the following criteria:

A junior or senior in high school, as determined from data from Education Information System and the LEA, who has not previously taken a Postsecondary Readiness Assessment; or 2. A junior or senior in high school, as determined from data from Education Information System and the LEA, who has previously taken a Postsecondary Readiness Assessment, but only once.

(d) Kindergarten-Grade 3 Students. A Direct Allocation amount is generated for each member Student enrolled in any of the grades kindergarten through three (K-3) as determined from data from Education Information System intended to support literacy instruction; and (e) Public Charter School Students. A Direct Allocation amount is generated for each member Student of a public charter school as reported by LEAs in the Student information system. The Department shall calculate and disburse public charter school Direct Allocations by:

Dividing the total recurring funding appropriated by the Tennessee General Assembly annually for this purpose by the prior year ADM in charter schools to generate a per Student amount. The per Student amount is then multiplied by prior year ADM at each public charter school to generate the total Direct Allocation generated by individual public charter schools; and 2. Allocating and distributing to the public charter school’s Authorizing Entity, the per Student amount multiplied by prior year ADM generated by each of the authorizer’s public charter schools. The authorizing LEA shall distribute these funds and other state, local, and federal funds to public charter schools pursuant to State Board of Education Rules, Division 0520-14 on Charter Schools.

(2) The amount set for Direct Allocations generated for each Student listed in T.C.A. § 49-3-105(c) shall be administered and allocated by the Department to the LEA in which the Student is a member, or maintained by the Department as specified in subdivision (1)(c), based on data collected for an LEA during the immediately preceding school year, in accordance with T.C.A. § 49-3-105(d).

(3) The amount for each Direct Allocation shall be determined through the state budget and appropriations process.

History

Authority: T.C.A. §§ 49-3-103(c), 49-3-104(4)(G), 49-3-105(c), and 49-3-115.
Administrative History: New rules filed November 17, 2022; effective February 15, 2023. Amendments filed March 25, 2024; effective June 23, 2024.

Tenn. Comp. R. & Regs. 0520-12-05-.06 OUTCOME BONUSES

(1) Subject to available appropriations by the Tennessee General Assembly, and pursuant to T.C.A. § 49-3-106, the Department shall allocate Student-generated outcome incentive dollars, called outcome bonuses, to an LEA based on the achievement of member Students in the LEA’s public schools, including authorized public charter schools. Outcome bonuses shall be earned based on the procedures and goals provided in this Rule, and the outcome bonuses shall be reported at the school level and received by the LEA or public charter school no later than the fifth payment period.

(2) The Commissioner shall convene a group of individuals in accordance with T.C.A. § 49-3- 106(f), to annually advise the Commissioner regarding outcome bonuses and outcome goals.

Once selected, an individual may serve in an advisory role for up to three (3) years.

(3) A Student may generate up to one (1) outcome bonus in elementary school, one (1) outcome bonus in middle school, and one (1) outcome bonus in high school based on the criteria set forth in Paragraph (4) of this rule.

(4) Outcome bonuses shall be allocated based on the following goals:

(a) Elementary School: A Student who scored “meets expectations” or “exceeds expectations” on the 3rd grade ELA TCAP or any Student who scored “approaching” or “below” on the 3rd grade ELA TCAP but demonstrated Significant Growth on the 4th grade ELA TCAP generates an outcome bonus of ten percent (10%) of the Base Funding Amount. If the Student is Economically Disadvantaged, an English Learner, or a Student with a Disability, that Student instead generates an outcome bonus of twenty percent (20%) of the Base Funding Amount. For students with disabilities, this measure may also include the Student’s alternate assessment, when taken in lieu of the TCAP, should the Student score at the highest performance level.

(b) Middle School: A Student who scored a combination of “meets expectations” or “exceeds expectations” on both the 8th grade ELA and math TCAP or who demonstrated Significant Growth from both the 7th grade ELA and math TCAP to both the 8th grade ELA and math TCAP generates an outcome bonus of ten percent (10%) of the Base Funding Amount. If the Student is Economically Disadvantaged, an English Learner, or a Student with a Disability, that Student instead generates an outcome bonus of twenty percent (20%) of the Base Funding Amount. For Students with Disabilities, this measure may also include the Student’s alternate assessment, when taken in lieu of the TCAP, should the Student score at the highest performance level.

(c) High School: A Student within a graduating class who met any of the following criteria generates an outcome bonus of ten percent (10%) of the Base Funding Amount. If the Student is Economically Disadvantaged, an English Learner, or a Student with a Disability, that Student instead generates an outcome bonus of twenty percent (20%) of the Base Funding Amount:

Earned EPSO Credit in at least two (2) Early Post-Secondary Opportunities (EPSOs) and either scored a composite score of 21 (twenty-one) or higher on the ACT, or increased his or her composite ACT score by at least four (4) points between the first 11th grade ACT and a subsequent ACT; or 2. Earned EPSO Credit for three (3) EPSOs; or 3. Scored 31 (thirty-one) or higher on the Armed Services Vocational Aptitude Battery (ASVAB) Armed Forces Qualifying Test (AFQT) and earned EPSO Credit in at least two (2) EPSOs.

(d) High School Students with Disabilities: A Student in a graduating class who did not generate an outcome bonus under Paragraph (4)(c) of this rule, who was enrolled in an LEA that meets Indicator 5 of the State Annual Performance Report for students who receive instruction eighty percent (80%) of the day in a general education setting, and who also met at least two (2) of the three (3) State Annual Performance Report Indicators, as required by IDEA and listed below, generates an outcome bonus of ten percent (10%) of the Base Funding Amount:

Indicator 1: Graduation with a general education diploma;
Indicator 3C: Proficiency on the state’s alternate assessment;
Indicator 14: Post-school outcomes.

(5) If there is not enough funding appropriated to provide outcome bonuses pursuant to Paragraph (4), the funding shall be reduced proportionally as provided in T.C.A. § 49-3-106.

(6) The Department shall explore options and alternatives to measure Significant Growth, for consideration by the group assembled under T.C.A. § 49-3-106(f).

(7) The Department shall conduct a pilot program in the 2023-24 school year related to post high school success metrics to determine potential revisions to outcome bonuses for high school students.

History

Authority: T.C.A. §§ 49-3-103(c), 49-3-106, and 49-3-115.
Administrative History: New rules filed November 17, 2022; effective February 15, 2023. Amendments filed November 27, 2023; effective February 25, 2024.

Tenn. Comp. R. & Regs. 0520-12-05-.07 FAST-GROWTH ELIGIBILITY AND CALCULATION

(1) Subject to annual appropriations by the Tennessee General Assembly, the Department shall provide stipends to LEAs experiencing fast growth in accordance with T.C.A. § 49-3-107.

Funds appropriated for stipends must first be allocated for fast-growth stipends pursuant to Subparagraph (1)(a). If the funds appropriated for stipends exceed the amount required to fund fast-growth stipends pursuant to Subparagraph (1)(a), then the excess funds must next be allocated to fund infrastructure stipends pursuant to Subparagraph (1)(b). If the funds appropriated for stipends exceed the amount required to fund stipends pursuant to Subparagraphs (1)(a) and (1)(b), then the Department may lower the percentage in Subparagraph (1)(a) to ensure that all funds appropriated are allocated and disbursed to LEAs.

(a) An LEA that experiences growth in the total allocation generated by Students in nonvirtual schools in the LEA pursuant to T.C.A. § 49-3-105 in the current year in excess of 1.25 percent (1.25%), as compared to the prior year, is eligible for a fast-growth stipend equal to the increase in allocations in excess of 1.25 percent (1.25%). If the funds appropriated are insufficient to provide for an LEA’s fast-growth stipend, then the Commissioner shall apply a pro rata reduction to the stipend amount each LEA is otherwise eligible to receive. The Department shall determine which LEAs are eligible for fast-growth stipends and disburse them in accordance with the following procedural steps:

The Department shall run the TISA for a given school year using prior year data, excluding outcome bonuses and removing virtual schools ADM, to establish a fastgrowth baseline allocation.
The Department shall run the TISA using current school year data, excluding outcome bonuses and virtual schools ADM, at five (5) points throughout the year to meet the distribution timeline detailed in Subparagraph (a)(5) below to measure growth with each run capturing all closed reporting periods within the current school year.
For each of the calculations conducted pursuant to Step 2, the Department shall compare the resulting TISA allocation to the baseline allocation from Step 1. A current year allocation that is more than 1.25 percent (1.25%) higher than the baseline will qualify the LEA for a fast-growth stipend.
For each LEA eligible for a fast-growth stipend, the initial amount of the stipend shall be the state portion of the difference of the growth measure run compared to the baseline allocation in excess of 1.25 percent (1.25%).
The Department shall distribute fast-growth stipends to eligible LEAs in separate payments of one-fifth (1/5) of the full value of the difference as derived in Steps 3 and 4. Payments will be made on or before the 15th of the month in November, January, March, May, and July. The final July calculation will be a reconciliation of the verified reporting periods of the recently completed school year averaged together, mirroring the overall TISA calculation process.
If the value of Part 4. of Subparagraph (1)(a) totaled for all eligible LEAs is in excess of the appropriation for fast-growth stipends, then the Department shall pro-rate the value of each LEA’s award to ensure all funds are awarded in proportion to LEAs’ initial amounts.
If the value of Part 4. of Subparagraph (1)(a) totaled for all eligible LEAs is less than the appropriation for fast-growth stipends and all eligible infrastructure stipends have been distributed, then the Department shall lower the threshold for eligibility for fast-growth stipends from 1.25 percent (1.25%) until such time that all available funds have been disbursed.
The Department shall disburse fast-growth stipends with the TISA payments following each identified reporting period verification date.
Fast-growth stipends are calculated within each academic year and are not considered recurring grants to LEAs.
The fast-growth stipend shall be fully funded by the state and not require additional Local Contribution funds.

(b) Subject to available appropriations, an LEA that experiences ADM growth in non-virtual schools exceeding two percent (2%) for each year of a three-consecutive-year period is eligible for an infrastructure stipend. The infrastructure stipend is a per-Student flat dollar amount based on the number of member Students in non-virtual schools in the LEA for each school year in excess of a two percent (2%) ADM growth in non-virtual schools from the prior school year. An infrastructure stipend in a given year must be uniform for all eligible LEAs. The Department shall determine which LEAs are eligible for infrastructure stipends and distribute them to LEAs in accordance with the following procedural steps:

The Department shall compare the LEA’s non-virtual school ADM value used in the TISA Base Funding Amount allocations for the three (3) prior school years. If the non-virtual school ADM value increased in each of the three (3) school years by more than two percent (2%) compared to the prior school year, then the LEA is eligible for an infrastructure stipend.
The Department shall determine how many ADMs above the two percent (2%) growth threshold each LEA reported for the current school year compared to the prior year.
The Department shall determine each LEA’s proportional share of the allocated infrastructure stipend funding by taking the total of each LEA’s total ADMs determined in Part 2. of Subparagraph (1)(b) over the total of all eligible LEAs’ total ADMs determined in Part 2. of Subparagraph (1)(b).
As part of the annual budget process, the Department shall recommend to the Governor a maximum amount of funding to be made available for infrastructure stipends based on growth across the state. The final amount will be determined by the General Assembly through the appropriations process.
The Department shall multiply each LEA’s proportional share determined in Part 3. of Subparagraph (1)(b) by the overall allocation available for infrastructure stipends to set the award level for each eligible LEA.
The Department shall issue infrastructure stipends as a single payment to eligible LEAs in October of each year in which funds are appropriated by the Tennessee General Assembly for this purpose.
The Department shall calculate infrastructure stipends within each school year, and Infrastructure stipends are not considered recurring grants to LEAs.
The infrastructure stipend shall be fully funded by the state and not require additional Local Contribution Funds.

History

Authority: T.C.A. §§ 49-3-103(c), 49-3-107, and 49-3-115.
Administrative History: New rules filed November 17, 2022; effective February 15, 2023.

Tenn. Comp. R. & Regs. 0520-12-05-.08 LOCAL CONTRIBUTION AND FISCAL CAPACITY

(1) The Department will calculate the Local Contribution of each LEA using the following methodology:

(a) For each of the Base Funding Amount and weighted components of the TISA, the Department will calculate thirty percent (30%) of the total statewide allocations generated under TISA for each component.

(b) The resulting amount will be multiplied by a county’s Fiscal Capacity to determine the county’s Local Contribution for each component.

(c) For counties with multiple LEAs, the Department will determine the proportion of the total TISA funds for each the Base Funding Amount and weighted components generated by each LEA within the county relative to the sum total of all TISA funds generated within the county. This proportion will then be multiplied by the county’s Local Contribution to determine each LEA’s individual contribution value.

(d) The required Local Contributions for the Base Funding Amount and weights will then be summed to determine the total Local Contribution for each LEA.

(2) The Department will use Fiscal Capacity indices from the Tennessee Advisory Commission on Intergovernmental Relations (TACIR) and the Boyd Center for Business and Economic Research (CBER) at the University of Tennessee provided no later than May 1 of each year, weighted equally, to determine the Fiscal Capacity of each county.

(3) In compliance with T.C.A. § 49-3-104(13), the formulas established by both TACIR and CBER shall be evaluated by the comptroller of the treasury and approved by the State Board of Education. The comptroller of the treasury may make recommendations on any changes to the Fiscal Capacity formulas to the State Board of Education, and the State Board shall establish a process and timeline for approval of the formulas.

History

Authority: T.C.A. §§ 49-3-103(c) and 49-3-115.
Administrative History: New rules filed November 17, 2022; effective February 15, 2023.

Tenn. Comp. R. & Regs. 0520-12-05-.09 COST DIFFERENTIAL FACTOR ELIGIBILITY AND CALCULATION

(1) Subject to annual appropriations by the Tennessee General Assembly and in accordance with T.C.A. § 49-3-108(d)(2), the Department shall disburse Cost Differential Factor (CDF) grants to an LEA located in a county in which the cost of living is greater than the statewide average.

An LEA is deemed located in a county in which the cost of living is greater than the statewide average and eligible for a CDF grant if the LEA is located in a county for which the ratio between the county’s non-governmental wages and the statewide non-governmental wages is greater than one (1), as calculated by the Boyd Center for Business and Economic Research (CBER) at the University of Tennessee.

(2) The Department shall calculate CDF grant amounts for eligible LEAs by using the following methodology:

(a) In each county with a CDF ratio greater than one (1), as determined annually by CBER, the Department will multiply the CDF ratio by the sum of the Base Funding Amount, weighted allocations, and direct funding TISA allocations generated by Students within the given county for a given school year. If the county includes multiple LEAs, then the total allocations of all components listed above for LEAs within the county will be summed and multiplied against the county’s CDF.

(b) The Department shall total the resulting sums for all counties with a CDF above one (1) and divide each individual county’s sum over the state total of eligible LEAs, generating a proportional share of the total state value.

(c) The Department shall then multiply the proportional share for each county by the total funding allocation available for CDF grants to determine the grant funding level for the county. If the county includes multiple LEAs, the county total will be distributed out to included LEAs proportional to each LEA’s relative share of the total county funds used above.

(3) The Department shall calculate the amount of CDF grants annually based on CBER data, appropriations, and TISA allocations. Grants shall be disbursed in equal amounts ten (10) times throughout the funding year in alignment with the payments of TISA allocations. Grant amounts shall not be adjusted within the year of the award.

History

Authority: T.C.A. §§ 49-3-103(c), 49-3-108(d), 49-3-109, and 49-3-115.
Administrative History: New rules filed November 17, 2022; effective February 15, 2023.

Tenn. Comp. R. & Regs. 0520-12-05-.10 DATA COLLECTION, CALCULATIONS, AND APPEALS

(1) LEAs shall submit Student and school-level data to the Department for the purpose of calculating TISA for kindergarten through grade twelve (K-12) public schools. Data to be collected includes:

(a) For the purpose of calculating the Base Funding Amount:

ADM.

(b) For the purpose of calculating the Weighted Allocations, the following data components will be used:

Economically Disadvantaged: Economically Disadvantaged ADM; and 2. Concentrated Poverty:

(i) ADM; and (ii) Title I Eligible Schools as determined in the LEA’s Consolidated Funding Application. Schools designated as schoolwide under waiver applications shall not be included for this purpose.

Small District:

(i) ADM.

Sparse District:

(i) ADM.

Unique Learning Needs Data:

(i) Students Receiving Special Education and Related Services:

(I) Special Education - Option 1 ADM;

(II) Special Education - Option 2 ADM;

(III) Special Education - Option 3 ADM;

(IV) Special Education - Option 4 ADM;

(V) Special Education - Option 5 ADM;

(VI) Special Education - Option 6 ADM;

(VII) Special Education - Option 7 ADM;

(VIII) Special Education - Option 8 ADM;

(IX) Special Education - Option 9 ADM; and (X) Special Education - Option 10 ADM.

(ii) Students with Characteristics of Dyslexia:

(I) Characteristics of Dyslexia ADM.

(iii) English Learners (EL):

(I) EL Direct Service (L) ADM;

(II) EL Waived Services (W) ADM;

(III) EL Transition Year 1 (T1) ADM; and (IV) EL Transition Year 2 (T2) ADM.

Rising Fourth Grade Students:

(i) Grade 3 ADM; and (ii) TCAP Performance Level Data.

Students in Career and Technical Programs:

(i) Program of Study by Student; and (ii) Course Membership ADM.

Students Taking Postsecondary Readiness Assessment:

(i) Grade 11 and 12 ADM.

Kindergarten – Grade 3 Students:

(i) Kindergarten – Grade 3 ADM.

Public Charter School Students:

(i) Public Charter Schools ADM.

(2) The Department shall report the following data used in the TISA calculations:

(a) For the purpose of calculating Weighted Allocations:

Sparse: Geographic size in square miles of the county aligned to county systems.

(b) For the purpose of calculating Direct Allocations:

Students in Career and Technical Programs:

(i) List of all approved Career and Technical Programs by level; and (ii) Course listing by Career and Technical Program, including alignment to first, second, third, or fourth year.

Fiscal Capacity indices as calculated by TACIR and CBER.

(3) To ensure proper reporting of data needed to calculate TISA, LEAs shall submit all required data on a regular and ongoing basis as described in the TISA guide. The TISA guide shall be updated annually to ensure LEAs have an updated data submission calendar.

(4) LEAs shall certify their local-level data in each of the nine (9) school year reporting periods.

LEAs shall acknowledge their period data submission on or before the 15th of each reporting period month. LEA School Directors shall certify their period data submission by the last business day of each reporting period month. The Department shall provide a snapshot of an LEA’s reporting period data to each LEA following the period submission to allow for data review and revision ahead of the period certification deadline. The Department shall issue preliminary TISA allocations monthly beginning no later than April and issue final allocations in July of each year.

(5) Data Calculations – Special Considerations:

(a) ADM for each component of the TISA formula shall be calculated using all nine (9) reporting periods, weighted equally.

(b) ADM data shall include reporting data for early graduates, inclusive of all Student attributes.

(6) Data Appeals Process:

(a) The Department shall ensure all LEAs can appeal and correct substantive reporting discrepancies by reporting period through a formal process to be detailed in the TISA guide.

(b) The Department shall ensure all LEAs have the opportunity to appeal final TISA allocations due to an alleged error in the calculation process within fifteen (15) business days from the issuance of final allocations.

History

Authority: T.C.A. §§ 49-3-103(c), 49-3-108(h), and 49-3-115.
Administrative History: New rules filed November 17, 2022; effective February 15, 2023.

Tenn. Comp. R. & Regs. 0520-12-05-.11 ADM CALCULATIONS

(1) The Department shall make the following Student ADM calculations to implement TISA:

(a) ADM from the current year is used to calculate the following year’s TISA allocation. A Student generates Weighted Allocations, none of which is mutually exclusive of another.

(b) A Student generates ULN Weighted Allocations for primary and secondary services for Special Education and Related Services, for English Learner status, and for Characteristics of Dyslexia status.

(d) Economically Disadvantaged funding is calculated by multiplying the Base Funding Amount by the Economically Disadvantaged weight as determined by law, and then multiplying that amount by the Economically Disadvantaged ADM.

(e) Concentrated Poverty funding is calculated by multiplying the Base Funding Amount by the Concentrated Poverty weight as determined by law, and then multiply that amount by the school’s Title I eligible ADM.

(f) Small District funding is calculated by multiplying the Base Funding Amount by the Small District weight as determined by law, and then multiplying that amount by the Small District ADM.

(g) Sparsity funding is calculated by multiplying the Base Funding Amount by the Sparsity weight as determined by law, and then multiplying that amount by the Sparsity ADM.

History

Authority: T.C.A. §§ 49-3-103(c) and 49-3-115.
Administrative History: New rules filed November 17, 2022; effective February 15, 2023.

Tenn. Comp. R. & Regs. 0520-12-05-.12 DISTRIBUTION OF FUNDS

(1) The Department shall distribute allocated education funding periodically throughout the school year according to a schedule established by the commissioners of education and finance and administration, subject to all applicable restrictions prescribed by law.

(a) Approximately one-tenth (1/10) of the estimated total of the state funds annually appropriated for TISA shall be distributed on or about August 15, and on or about the fifteenth (15th) day of each succeeding month through April 15, and the amount of the remainder due each LEA for the school year shall be determined during June of such school year.

(b) The amount of the remainder due shall be determined based on the records that each LEA has furnished the Department. The actual delivery of the warrant covering the final distribution to an LEA shall not be made until after all records required by the Department have been furnished.

(c) Before a full and complete settlement is made with any LEA for any year, all records and reports required by the Department shall be filed with the Department by the LEA.

(2) LEAs shall distribute state and local funds to their authorized public charter schools pursuant to State Board of Education Rules, Chapter 0520-14-01 regarding the allocation of state and local funds to public charter schools.

(3) If state funds available for distribution are insufficient to meet an LEA’s TISA allocation for a school year, then the Department shall apply a pro rata reduction to the amount that each LEA is allocated. If it is necessary to issue pro rata payments, the Commissioner, with the approval of the State Board, may waive any requirements prescribed by law, rule, or otherwise until the state provides the required funding; provided, however, that the Commissioner shall not waive the regulatory or statutory requirements listed in T.C.A. § 49-1-201(d)(1)(A)-(O).

(4) The Department shall apply the following minimum allocation requirements annually when distributing TISA funds:

(a) An LEA’s allocated education funding shall not decrease more than five percent (5%) from one (1) year to the next year.

(b) If an LEA’s TISA allocation decreases by more than five percent (5%) from the LEA’s TISA allocation for the prior school year, then the Department shall allocate additional funds to the LEA in an amount such that the decrease in the LEA’s TISA allocation for the current year is only five percent (5%). The Department will use the relative contribution of state and local funds in the original TISA allocation for the funded year to set the state and Local Contributions of the updated allocations.

(c) The Department shall not allocate additional funds to an LEA pursuant to T.C.A. § 49-3- 108(c) if the Department is required to allocate additional funds to the LEA pursuant to T.C.A. § 49-3-108 subsection (b).

(5) Subject to appropriations by the Tennessee General Assembly and pursuant to T.C.A. § 49-3- 108(d)(1), the Department shall distribute a grant to an LEA meeting the following criteria:

(a) The LEA that is located within a county designated as distressed or at risk by the commissioner of economic and community development and for which the LEA’s Fiscal Capacity and Local Contribution increase the LEA’s maintenance of effort requirements pursuant to T.C.A. § 49-3-314(c)(3)(A). Distressed or at-risk grant funding is calculated as a flat dollar value equal to the amount of the required increase in their Local Contribution; or (b) The LEA is located within a county having an active tourism development zone agreement executed before July 1, 2023, and having a population of not less than ninetyeight thousand three hundred (98,300) nor more than ninety-eight thousand four hundred (98,400), according to the 2020 federal census or any subsequent federal census. This annual grant is to be in the amount of $1,840,000.

(6) An LEA that satisfies the criteria of Subparagraphs (5)(a) and (5)(b) may receive multiple grants.

(7) The Department shall report longitudinal and comparative school and district-level funding and district, state, and federal-level per-pupil expenditure data reporting in transparent and interactive formats annually beginning no later than December 2024.

History

Authority: T.C.A. §§ 49-3-103(c) and 49-3-115.
Administrative History: New rules filed November 17, 2022; effective February 15, 2023.

Tenn. Comp. R. & Regs. 0520-12-05-.13 BEP TRANSITION FUNDING

(1) If, during the first year of implementation of the TISA, an LEA’s allocated TISA funds total less than the LEA’s Baseline Funding Amount, Baseline Funding Amount defined as the BEP allocation received in FY2022-23 plus grants received for Family Resource Centers, School Safety, and Coordinated School Health, then the Department shall allocate additional funds to the LEA in an amount equal to one hundred percent (100%) of the difference between the LEA’s Baseline Funding Amount and the LEA’s allocated TISA amount.

(2) If an LEA was eligible for additional funds under subdivision Paragraph (1), and if, during the second year of implementation of the TISA, the LEA’s allocated TISA funds total less than the LEA’s Baseline Funding Amount, then the Department shall allocate additional funds to the LEA in an amount equal to seventy-five percent (75%) of the difference between the LEA’s Baseline Funding Amount and the LEA’s allocated TISA amount.

(3) If an LEA was eligible for additional funds under Paragraphs (1) and (2), and if, during the third year of implementation of the TISA, the LEA’s allocated TISA funds total less than the LEA’s Baseline Funding Amount, then the Department shall allocate additional funds to the LEA in an amount equal to fifty percent (50%) of the difference between the LEA’s Baseline Funding Amount and the LEA’s allocated TISA amount.

(4) If an LEA was eligible for additional funds under Paragraphs (1)-(3), and if, during the fourth year of implementation of the TISA, the LEA’s allocated TISA funds total less than the LEA’s Baseline Funding Amount, then the Department shall allocate additional funds to the LEA in an amount equal to twenty-five percent (25%) of the difference between the LEA’s Baseline Funding Amount and the LEA’s allocated TISA amount.

(5) The calculation for BEP Transition Funding will use the following methodology:

(a) An LEA must qualify for BEP Transition Funding in the first year of TISA implementation to receive any funding under the BEP Transition Funding in the subsequent three (3) years. If an LEA qualifies for BEP Transition Funding in the first year of TISA implementation and in any one (1) of the subsequent three (3) years the TISA allocation to the LEA exceeds the Baseline Funding Amount, the LEA will no longer qualify for BEP Transition Funding.

(b) In the first year of TISA implementation, if an LEA is allocated TISA funds less than the Baseline Funding Amount, the Department shall update the allocations to the LEA to match the Baseline Funding Amount, including the state and Local Contributions respectively.

(c) In the second through fourth year of TISA implementation, the TISA allocation for an eligible LEA for the specified year will be subtracted from the Baseline Funding Amount to identify the overall allocation gap. The Department shall update the overall allocations to the LEA to match the TISA allocation for the specified year plus the designated percent of the gap.

Within the updated allocation, the Department will calculate the gap between the state funds allocated in the Baseline Funding Amount and of the specified funding year. The Department shall provide the designated percent of funding identified in Paragraphs (2)-(4) of the gap in state funds plus the state funds generated in the specified funding year under TISA. The difference between the overall allocation and this resulting state contribution will be the Local Contribution requirement.

History

Authority: T.C.A. §§ 49-3-103(c), 49-3-108 (a)(b)(e)(f)(g)(h), and 49-3-115.
Administrative History: New rules filed November 17, 2022; effective February 15, 2023.

Tenn. Comp. R. & Regs. 0520-12-05-.14 EDUCATOR SALARY INCREASES

(1) Pursuant to T.C.A. § 49-3-105(e), a portion of any annual increase in the TISA Base Funding Amount may be restricted by an act of the Tennessee General Assembly for the sole purpose of providing salary increases to Existing Educators. If a portion of an annual increase in the Base Funding Amount is restricted, the following actions are required:

(a) The State Board shall increase the minimum salary schedule as appropriate, based on the amount of funds restricted for Existing Educator salary increases if needed;

(b) The Department shall report to LEAs and public charter schools the respective restricted amount of funds to be used for these purposes;

(c) LEAs and public charter schools shall use the portion restricted to provide salary increases to Existing Educators and report to the Department how the additional state funding for Existing Educator salaries is utilized; and (d) The Department shall provide a report to the State Board and the Tennessee General Assembly on how LEAs and public charter schools utilized the additional state funding for salary increases to Existing Educators.

History

Authority: T.C.A. §§ 49-3-103(c), 49-3-105(e), 49-3-115, and 49-3-306(b)(4)(C)(ii).
Administrative History: New rules filed November 17, 2022; effective February 15, 2023.

Chapter 0520-12-06 Reserved

Tenn. Comp. R. & Regs. 0520-12-06-.01 RESERVED

History

Authority: T.C.A. § 49-1-602(b)(2)(D).
Administrative History: Emergency rules filed December 4, 2025; effective through June 2, 2026. Emergency rules expired effective June 3, 2026, and the rules reverted to their previous statuses.

Tenn. Comp. R. & Regs. 0520-12-06-.07 RESERVED

History

Authority: T.C.A. § 49-1-602(b)(2)(D).
Administrative History: Emergency rules filed December 4, 2025; effective through June 2, 2026. Emergency rules expired effective June 3, 2026, and the rules reverted to their previous statuses.

Tenn. Comp. R. & Regs. 0520-12-06-.02 RESERVED

History

Authority: T.C.A. § 49-1-602(b)(2)(D).
Administrative History: Emergency rules filed December 4, 2025; effective through June 2, 2026. Emergency rules expired effective June 3, 2026, and the rules reverted to their previous statuses.

Tenn. Comp. R. & Regs. 0520-12-06-.03 RESERVED

History

Authority: T.C.A. § 49-1-602(b)(2)(D).
Administrative History: Emergency rules filed December 4, 2025; effective through June 2, 2026. Emergency rules expired effective June 3, 2026, and the rules reverted to their previous statuses.

Tenn. Comp. R. & Regs. 0520-12-06-.04 RESERVED

History

Authority: T.C.A. § 49-1-602(b)(2)(D).
Administrative History: Emergency rules filed December 4, 2025; effective through June 2, 2026. Emergency rules expired effective June 3, 2026, and the rules reverted to their previous statuses.

Tenn. Comp. R. & Regs. 0520-12-06-.05 RESERVED

History

Authority: T.C.A. § 49-1-602(b)(2)(D).
Administrative History: Emergency rules filed December 4, 2025; effective through June 2, 2026. Emergency rules expired effective June 3, 2026, and the rules reverted to their previous statuses.

Tenn. Comp. R. & Regs. 0520-12-06-.06 RESERVED

History

Authority: T.C.A. § 49-1-602(b)(2)(D).
Administrative History: Emergency rules filed December 4, 2025; effective through June 2, 2026. Emergency rules expired effective June 3, 2026, and the rules reverted to their previous statuses.

Chapter 0520-13-01 Energy Efficient Schools Loan Program

Tenn. Comp. R. & Regs. 0520-13-01-.01 AUTHORITY

Pursuant to the provisions of T.C.A. § 49-17-104(b), the Energy Efficient Schools Council (“Council”) may promulgate rules and regulations necessary for operation.

History

Authority: T.C.A. § 49-17-104(b).
Administrative History: Original rules filed April 9, 2018; effective July 8, 2018.

Tenn. Comp. R. & Regs. 0520-13-01-.02 PURPOSE AND SCOPE

The Energy Efficient Schools Council may award grants or loans to school systems for qualifying capital outlay projects.

History

Authority: T.C.A. § 49-17-103(e).
Administrative History: Original rules filed April 9, 2018; effective July 8, 2018.

Tenn. Comp. R. & Regs. 0520-13-01-.03 DEFINITIONS

The following definitions shall apply to these rules:

(1) Applicant – Any Tennessee public K-12 school district.

(2) Energy Efficient Schools Council (“Council”) – A twelve (12) member body that includes the commissioners of education, environment and conservation, and economic and community development or their designees; three (3) members appointed by the Governor; three (3) members appointed by the speaker of the senate; and, three (3) members appointed by the house of representatives pursuant to the provisions of T.C.A. § 49-17-103.

(3) Technical Advisory Committee (“TAC”) – A seven (7) member body that includes two (2) Ex- Officio members representing Oak Ridge National Laboratory and Tennessee Valley

Authority, and five (5) members chosen by the Council pursuant to the provisions of T.C.A. § 49-17-103.

(4) Payback Period – The time within which the cost savings realized by incorporating energy efficient technologies equals the initial cost of the technology employed.

(5) Prescriptive Measures – Energy efficient technologies that the Council has determined through a cost-benefit analysis have a reasonable payback period.

(6) Qualifying Capital Outlay Project – Any project for new or existing kindergarten through grade twelve (K-12) education facilities that satisfies the Council guidelines for improving energy efficiency.

History

Authority: T.C.A. §§ 49-17-102, 49-17-103, and 49-17-104.
Administrative History: Original rules filed April 9, 2018; effective July 8, 2018. July, 2018 2

Tenn. Comp. R. & Regs. 0520-13-01-.04 ELIGIBLE PROJECTS

Eligibility is determined either by:

(1) Prescriptive measures approved by the Council; or, (2) Custom projects that contain a cost-benefit analysis that shows incorporating energy efficient technologies provides a reasonable payback period or warranted pre-determined energy use objectives.

Custom projects must be reviewed by the TAC and recommended to the Council for approval.

Eligibility determinations may be appealed to the Council by submitting a written request to the EESI Executive Director for consideration by an appeals committee appointed by the Council President.

History

Authority: T.C.A. §§ 49-17-103 and 49-17-104.
Administrative History: Original rules filed April 9, 2018; effective July 8, 2018.

Tenn. Comp. R. & Regs. 0520-13-01-.05 LOAN APPLICATION

Eligible Applicants must submit a completed and signed loan application to EESI in order to qualify for consideration for loan funds. The loan application and any loan agreement must be signed by the School District Director; School Board Chair; and, if the applicant is not a special school district, the jurisdictional County or City Mayor. Loan applications will be approved according to written policies established by the Council.

History

Authority: T.C.A. § 49-17-104.
Administrative History: Original rules filed April 9, 2018; effective July 8, 2018.

Tenn. Comp. R. & Regs. 0520-13-01-.06 LOAN TERMS

The repayment period and interest rate is established for each loan approved by the Council based upon written Council policy. The application must include a costbenefit analysis which demonstrates that the annual energy savings are sufficient to retire the loan within the term requested.

History

Authority: T.C.A. § 49-17-104.
Administrative History: Original rules filed April 9, 2018; effective July 8, 2018.

Tenn. Comp. R. & Regs. 0520-13-01-.07 LOAN REPAYMENT

The loan recipient will make monthly payments in accordance with a repayment schedule provided by EESI. A participating school system may repay the loan at any time without prepayment penalty.

History

Authority: T.C.A. § 49-17-104.
Administrative History: Original rules filed April 9, 2018; effective July 8, 2018.

Tenn. Comp. R. & Regs. 0520-13-01-.08 REPORTING REQUIREMENTS

Loan recipients will provide monthly progress reports to EESI during the construction phase of the project. All projects must be professionally commissioned and a commissioning report submitted to EESI. Loan recipients must enter baseline utility consumption and cost data in Energy Star Portfolio Manager for each facility for the year prior to project implementation, and shall update that data each month during the payback period. EESI shall be given access to reports on such data upon request. If loan projects are undertaken under a performance contract, the loan recipient shall require the contractor to provide annual measurement and verification reports.

History

Authority: T.C.A. § 49-17-104.
Administrative History: Original rules filed April 9, 2018; effective July 8, 2018.

Chapter 0520-14-01 Charter Schools

Tenn. Comp. R. & Regs. 0520-14-01-.01 APPROVAL OF A CHARTER SCHOOL

(1) Charter school application requirements applicable to all authorizers as defined by T.C.A. § 49-13-104(4):

(a) The Tennessee State Board of Education (State Board) shall provide an application for charter school sponsors (sponsors) to use in applying to open a public charter school and shall provide scoring criteria addressing the elements of the charter school application. The State Board shall develop the application in consultation with the Tennessee Public Charter School Commission (Commission).

(b) Prospective sponsors who intend to submit an initial charter school application (initial application) for consideration shall submit a letter of intent to the Commission and to the appropriate authorizer at least sixty (60) calendar days prior to the February 1 initial application deadline. If the letter of intent’s deadline falls on a Saturday, Sunday, or state-observed holiday, the letter of intent shall be due on the next business day. The letter of intent shall be completed on the form provided by the State Board. The authorizer shall confirm receipt within five (5) business days and provide the sponsor with the current federal, state, and local per-pupil funding estimates.

(c) Failure to submit a letter of intent to the Commission and to the appropriate authorizer by the stated deadline shall exclude a sponsor from submitting an initial application for that application cycle.

(d) On or before 11:59 p.m. Central Time on February 1 of the year preceding the year in which the proposed public charter school plans to begin operation, the sponsor shall prepare and file an electronic copy of the initial application with the authorizer. If February 1 falls on a Saturday, Sunday, or state-observed holiday, the initial application materials shall be due on the next business day. The authorizer shall report each completed initial application received to the Commission no later than ten (10) calendar days from the authorizer’s receipt of the initial application.

(e) Authorizers may charge an application fee of up to $2,500 for each initial application the sponsor files and may request up to five (5) paper copies of the initial application.

Application fees and paper copies shall be received no later than February 1 by a time on that date during regular business hours, as set by the authorizer. Authorizers shall post to their websites the initial application fee amount, paper copy requests, if any, and the deadline by which these must be submitted.

(f) Authorizers are only required to review complete initial applications. An initial application shall be considered complete and therefore must be reviewed by the authorizer if the following are received by the deadlines specified in subparagraphs (1)(d) and (1)(e):

An electronic copy of the written application, including any required attachments, using the State Board’s charter application form for the current application cycle;
Up to five (5) paper copies of the written application, if requested by the authorizer; and 3. The application fee, if required by the authorizer.

(g) The authorizer shall rule by resolution, at a regular or specially called meeting, on the approval or denial of an initial application no later than ninety (90) calendar days after the authorizer’s receipt of the completed initial application.

(h) Should the authorizer fail to approve or deny an initial application within the ninety (90) calendar days, the initial application shall be deemed approved.

(i) If the initial application is denied, the grounds upon which the authorizer based the decision to deny the initial application shall be stated in writing and provided to the sponsor within ten (10) calendar days of the date of the decision to deny, specifying objective reasons for the denial and the deadline by which the sponsor may submit an amended charter school application (amended application).

(j) Within thirty (30) calendar days of the receipt of the grounds for denial, a sponsor may submit to the authorizer an amended application to correct the deficiencies identified by the authorizer.

The amended application shall be submitted by the sponsor using the same application form as the initial application.
The authorizer shall evaluate the amended application using the same scoring criteria as the initial application review.

(k) The authorizer shall approve or deny the amended application within sixty (60) calendar days of its receipt.

(l) Should the authorizer fail to approve or deny the amended application within sixty (60) calendar days, it shall be deemed approved.

(m) If the authorizer denies the amended application, it shall provide to the sponsor the grounds upon which it based the decision to deny in writing within five (5) calendar days of the date of the decision to deny, specifying objective reasons for the denial and the sponsor’s right to an appeal.

A sponsor may appeal a denial by the local board of education of an amended application to the Commission no later than ten (10) calendar days after the date of the final decision to deny.
A denial of an amended application by the Commission is final and not subject to appeal.

(n) Authorizers shall report to the Tennessee Department of Education (Department) and Commission whether the authorizer has approved or denied the sponsor’s complete application and the reasons for denial, if applicable, no later than ten (10) calendar days after approval or denial of the initial and amended application.

(o) Authorizers shall review all complete applications, as defined in subparagraph (1)(f) of this Rule, in accordance with T.C.A. § 49-13-108 and quality charter authorizing standards approved by the State Board in Policy 6.111.

(p) All authorizer policies regarding the submission and review of charter school applications shall be consistent with applicable State Board policies and with state and federal law, rules, and regulations.

History

Authority: T.C.A. §§ 49-1-302, 49-13-106, 49-13-107, 49-13-108, and 49-13-126.
Administrative History: Original rules filed March 31, 2003; effective July 29, 2003. Amendments filed January 11, 2019; effective April 11, 2019. Amendments filed September 29, 2020; effective December 28, 2020. Amendments filed November 30, 2020; effective February 28, 2021. Amendments filed August 19, 2022; effective November 17, 2022. Amendments filed March 12, 2024; effective June 10, 2024. Emergency rules filed January 31, 2025; effective through July 30, 2025. Emergency rules expired effective July 31, 2025, and the rules reverted to their previous statuses. Amendments filed May 23, 2025; effective August 21, 2025. Amendments filed January 7, 2026; effective April 7, 2026.

Tenn. Comp. R. & Regs. 0520-14-01-.02 REPEALED

History

Authority: T.C.A. §§ 49-1-302, 49-13-105, 49-13-106, 49-13-107, 49-13-108, 49-13-121, 49-13-122, and 49-13-126; Public Chapter 850 (2014); and Public Chapter 219 (2019).
Administrative History: Original rules filed March 31, 2003; effective July 29, 2003. Amendment filed December 28, 2005; effective April 28, 2006. Amendment filed January 12, 2015; effective April 12, 2015. Amendments filed February 3, 2020; effective May 3, 2020. Repeal filed May 27, 2021; effective August 25, 2021.

Tenn. Comp. R. & Regs. 0520-14-01-.03 ALLOCATION OF STATE AND LOCAL FUNDS

(1) Public charter school funding shall be governed by the following:

(a) For the purpose of implementing this Rule in calculating, allocating, and disbursing public charter school funding pursuant to T.C.A. § 49-13-112(a):

The Department shall be responsible for calculating required funding and reporting the calculations to both authorizers and public charter schools.
The local board of education shall be responsible for allocating the required funding to public charter schools in the local budget. Each authorizer shall include, as part of its budget submitted pursuant to T.C.A. § 49-2-203, the per student amount of local funds it will pass through to public charter schools during the upcoming school year, including all calculations listed in this Rule. The local board of education shall provide all calculations to its authorized charter schools upon request. Allocations to the public charter schools during the budgeted school year shall be based on that figure until such time as updated interim and final allocations are run pursuant to subparagraph (1)(e) below. The authorizer shall distribute local funding in no fewer than nine (9) equal installments to public charter schools in the same manner as state funds are distributed.
The local education agency’s (LEA) fiscal agent shall be responsible for the disbursement of required funding to public charter schools.
The LEA shall be responsible for the timely and accurate submission of data and other reporting requirements to the Department.
The public charter school shall be responsible for the timely and accurate submission of data and other reporting requirements to the authorizer.
The authorizer and public charter school shall be responsible for collaborating to resolve any data or reporting discrepancies prior to Department reporting deadlines.

(b) Allocations are based on one hundred percent (100%) of state and local funds received by the LEA, including current funds allocated for capital outlay purposes and funds generated under the fast-growth stipends detailed in T.C.A. § 49-3-107, excluding the proceeds of debt obligations and associated debt services.

(c) A local board of education shall allocate to each public charter school an amount equal to the state and local funds as calculated in subparagraphs (1)(d) and (1)(e) below for each student member enrolled in a public charter school and all appropriate allocations under federal laws or regulations, including, but not limited to, IDEA and ESEA funds.

Pursuant to T.C.A. § 49-13-112(a), federal funds received by the LEA must be disbursed to public charter schools authorized by the LEA by either a joint agreement on shared services by individual public charter schools or sub-grants to public charter schools for the charter’s equitable share of the federal grant based on eligible students. The allocation must be made in accordance with the policies and procedures developed by the Department.

(d) Initial Allocations.

The initial allocation shall be set forth in the local board of education’s budget submitted to the Department pursuant to T.C.A. § 49-3-316 for the upcoming school year and represent the state and local funds to be allocated to each public charter school based on prior year average daily membership (ADM) and student counts, as required by the Tennessee Investment in Student Achievement Act (TISA), before such time as current year data and revenues are available. The Department shall pull this information from state-approved LEA budgets as entered into the state’s system of record and include these funds in initial funding estimates shared with authorizing LEAs and public charter schools. If the LEA does not have a fully approved budget in the state’s system of record, the Department will use the LEA’s budgeted prior year additional local revenues or the district’s prior year expenditure report, whichever is more recent, to inform the initial allocations until an LEA budget is fully approved.
Pursuant to T.C.A. § 49-13-112(a)(1)(A), the initial allocation from the local board of education to a public charter school shall be based on the total of the state and local student-generated funds for member students in a public charter school during the prior school year for the base funding amount, weighted allocation, and direct funding allocations in accordance with TISA, and any rules promulgated by the Department pursuant to the TISA, including Chapter 0520- 12-05.
Pursuant to T.C.A. § 49-13-112(a)(1)(B), if the local funds received by the LEA are greater than the local contribution required by TISA as set forth in T.C.A. § 49-3-109, the local board of education shall also allocate the average per pupil local funds received by the LEA in the budgeted school year, in accordance with T.C.A. § 49-3-316, above those required by the TISA for each member student in the public charter school in the prior year. The initial average per pupil local funding amount shall be determined by dividing the budgeted additional local funds by the LEA’s prior year ADM, including all member students of public charter schools geographically located within the LEA. The Department shall pull this information from state-approved LEA budgets as entered into the state’s system of record and include these funds in initial funding estimates shared with authorizing LEAs and public charter schools. If the LEA does not have a fully approved budget in the state’s system of record, the Department will use the LEA’s budgeted prior year additional local revenues or the district’s prior year expenditure report, whichever is more recent, to inform the initial allocations until an LEA budget is fully approved.
Pursuant to T.C.A. § 49-3-105(d)(1)(B), the state share of TISA funding generated by public charter school students shall be allocated to the LEA in which the public charter school is geographically located, but shall be disbursed directly to the public charter school by the Department. If the public charter school is authorized by the Commission or by the Achievement School District (ASD), the funds shall be disbursed by the Department directly to the authorizer.

(i) A public charter school’s total of TISA-generated funds shall be divided between state and local funding responsibilities based on the state and local share percentages of the LEA in which the public charter school is geographically located. The state share for base and weighted funding is determined separately using the LEA’s applicable percentages, which are then applied to the public charter school’s calculated base and weighted amounts. The state fully funds direct allocations. As with LEA allocations, funding for postsecondary assessment is withheld at the state level. The local share of base and weighted funding is the responsibility of the LEA in which the public charter school is geographically located and will be disbursed by the LEA to the public charter schools.

(ii) All federal, state, and local funds generated by or received by an LEA shall be properly accounted for in the LEA’s official financial records. Payment of funds to a public charter school by the state on behalf of an LEA shall be recorded in the LEA’s financial records in the appropriate revenue and expenditure categories.

(e) Interim Funding Adjustments and Final Allocations.

After the initial allocation is made as set forth in subparagraph (1)(d), an authorizer shall adjust payments to its public charter schools on an interim basis during the school year, at a minimum, in October, December, February, April, and June, with final allocations occurring with the completion of the authorizer’s final expenditure reports as submitted and approved by the Department.

Pursuant to T.C.A. § 49-13-112(a)(1) and § 49-13-112(a)(3), these adjustments shall update allocations to reflect current year data, including changes in revenue, student enrollment, or student services.

To calculate interim and final allocations, the Department shall calculate current year ADM on the timeline in part (1)(e)1. above for all LEAs with public charter schools geographically located within the LEA’s boundaries. The Department shall publish or otherwise make available to each authorizer and each public charter school the outputs and, if requested, the underlying data from each instance in which the Department runs the ADM calculations for purposes of calculating initial, interim, and final allocations. Authorizers may opt to run the adjustments more frequently in alignment with respective charter agreements.
Interim and final allocations to each public charter school shall include:

(i) Pursuant to T.C.A. § 49-13-112(a)(1)(A), the interim and final allocations from the local board of education to a public charter school shall be based on the total of the state and local student-generated funds for member students in a public charter school during the prior school year for the base funding amount, weighted allocation, and direct funding allocations in accordance with the TISA, and any rules promulgated by the Department pursuant to the TISA, including Chapter 0520-12-05.

(ii) Pursuant to T.C.A. § 49-13-112(a)(1)(B), if the local funds received by the LEA are greater than the local contribution required by TISA as set forth in T.C.A. § 49-3-109, the local board of education shall also allocate the average per pupil local funds received by the LEA in the budgeted school year above those required by the TISA for each member student in the public charter school in the prior year. The interim and final average per pupil local funding amount shall be determined by dividing the additional local funds by the LEA’s current year ADM (inclusive of all member students of public charter schools geographically located within the LEA).

The final average per pupil local funding amount is to be determined using the LEA’s final expenditure report as submitted to and approved by the Department.

(iii) Pursuant to T.C.A. § 49-13-112(a)(1)(C) and § 49-13-112(a)(3), a local board of education shall allocate to the public charter school an amount equal to the per student state and local funds received by the LEA for member students in the public charter school in the current school year beyond the prior year’s membership. For each required interim and final allocation adjustment, the Department shall calculate the ADMs for each public charter school and the difference from the prior year ADM as used in the base funding calculation in the TISA formula. For any difference in overall ADM counts, the local board of education shall adjust the public charter school’s allocation and disbursement by an amount equal to multiplying the average per student state and local funds received by the LEA in the current year by the difference in ADM for each public charter school, which may result in an increase or decrease to the overall allocation and disbursement. The final average per pupil state and local funds shall be determined using the LEA’s final expenditure report as submitted to and approved by the Department. In calculating the average per student state and local funds, the total funding will exclude grants awarded on behalf of specific schools and the charter direct funding component of the TISA.

(iv) In determining final amounts to be paid pursuant to subparts (1)(e)3.(ii) and (1)(e)3.(iii) above, the Department shall report to each authorizer and public charter school the results of LEAs state-approved final expenditure reports within five (5) business days of state approval. LEAs and each public charter school shall process final payments within thirty (30) calendar days of the Department’s report on final amounts.

(f) Special Considerations.

New and Expanding Public Charter Schools: Notwithstanding part (1)(d)2., for the purpose of initial allocations, new public charter schools or public charter schools adding a new grade(s) shall be funded based on the anticipated enrollment in the charter agreement unless the authorizer and public charter school mutually agree on a projection of enrollment not to exceed any enrollment maximums or caps set forth in the charter agreement. The initial funding allocation for the new grade(s) shall be based on a per-student average of all state and local funds received by the LEA and disbursed to the public charter school by the LEA. Allocations shall be subsequently adjusted in accordance with subparagraph (1)(e).
Public Charter School Direct Funding: In accordance with T.C.A. § 49-3-105, the charter school direct funding amount each year is subject to an annual appropriation by the Tennessee General Assembly and is calculated by dividing the amount of the appropriation by the statewide public charter school ADM of the prior year. This direct funding amount shall be fully state funded and not require additional local contribution funds. The public charter school direct funding amount is calculated the same as all other direct funding components of TISA as set forth in T.C.A. § 49-3-105.
Fast-Growth Stipends: Subject to annual appropriations by the Tennessee General Assembly and in accordance with T.C.A. § 49-3-107, if an LEA receives a fast-growth stipend or infrastructure stipend, the LEA shall disburse to charter schools geographically located within that LEA a proportional share of funds received. The proportional share shall be equal to the percentage calculated by dividing a public charter school’s TISA funding for base funding, weighted allocations, and direct allocations by the TISA funding for these same components of the LEA as a whole.
Educator Salary Increases: Pursuant to T.C.A. § 49-3-105(e), if the Tennessee General Assembly restricts an amount of an annual increase to the TISA base funding amount for the purpose of providing salary increases to existing educators, the Department shall determine the proportional share of funds received by each public charter school driven by the restricted funds and report that amount to each authorizer and to each public charter school. Public charter schools shall use these funds to provide salary increases to existing educators pursuant to T.C.A. § 49-3-105(e).
Cost Differential Factor Grants: Subject to annual appropriations by the Tennessee General Assembly and in accordance with T.C.A. § 49-3-108(d), if an LEA receives a Cost Differential Factor (CDF) grant, the LEA shall disburse to public charter schools geographically located within that LEA a proportional share of the CDF grant. The proportional share shall be equal to the percentage calculated by dividing a public charter school’s TISA funding for base funding, weighted allocations, and direct allocations by the TISA funding for these same components of the LEA as a whole.
Outcomes Funding: If a public charter school generates outcome bonus funding as a result of students enrolled in the public charter school in the prior year, the public charter school shall receive the earned amount of outcome bonus funds from the authorizer when such funds are awarded by the Department. The Department shall report the amount of outcome bonus funds due to each public charter school to the authorizer and to each public charter school.

(g) ASD and Commission: Pursuant to T.C.A. § 49-1-614 and T.C.A. § 49-13-112, the ASD and Commission shall receive funding in alignment with this rule for each public charter school within their respective LEAs from the LEAs in which each public charter school is geographically located.

(h) Opportunity Public Charter Schools (OPCS): Pursuant to T.C.A. § 49-13-106(k)(1)(C), TISA state and local funds generated by an at-risk student who transfers to an OPCS located in an LEA other than the LEA in which the at-risk student resides shall follow the at-risk student to the LEA in which the OPCS is located, but only for the first school year in which the at-risk student is enrolled in an OPCS located in an LEA other than the LEA in which the at-risk student resides. For purposes of this Chapter, “at-risk student” is defined by T.C.A. § 49-13-104(3). The LEA in which the OPCS is located shall not charge tuition to such students.

(i) Allocations to a public charter school shall not be reduced by the authorizer except for the annual authorizer fee. If the charter agreement includes a provision whereby the authorizer will provide for employee benefits or retirement, the authorizer may withhold funds to cover the costs of those services. Any services the public charter school chooses to purchase from the authorizer may also exist in a separate services contract between the public charter school and the authorizer. However, approval of a separate services contract shall not be a condition of approval of the charter agreement. If a services contract is executed with the authorizer, the authorizer may withhold funds to cover the costs of those services.

(j) Pursuant to T.C.A. § 49-13-124, the authorizer may endorse the submission of the qualified zone academy bond application to the local taxing authority. The authorizer may endorse such a bond application submitted by the public charter school governing body, or the authorizer may include the public charter school’s project as part of the authorizer’s bond application.

(k) If public charter schools provide school nutrition programs, they may provide their own programs in compliance with United States Department of Agriculture regulations and state law or they may contract with the authorizer for the provision of school nutrition programs.

History

Authority: T.C.A. §§ 49-1-302, 49-2-203, 49-3-101, et seq., 49-3-105, 49-3-316, 49-6-2101, et seq., 49- 13-112, 49-13-114, 49-13-124, and 49-13-126.
Administrative History: Original rule filed March 25, 2010; effective August 29, 2010. Repeal and new rule filed March 21, 2012; effective August 29, 2012. Amendments filed September 22, 2017; effective December 21, 2017. Amendments filed September 29, 2020; effective December 28, 2020. Amendments filed November 30, 2020; effective February 28, 2021. Amendments filed March 8, 2023; effective June 6, 2023. Amendments filed March 12, 2024; effective June 10, 2024. Emergency rules filed January 31, 2025; effective through July 30, 2025. Emergency rules expired effective July 31, 2025, and the rules reverted to their previous statuses. Emergency rule filed August 13, 2025; effective through February 9, 2026. Emergency rule expired effective February 10, 2026, and the rule reverted to its previous status. Amendments filed January 7, 2026; effective April 7, 2026.

Tenn. Comp. R. & Regs. 0520-14-01-.04 ENROLLMENT

(1) Charter schools shall conduct an initial student application period of at least thirty (30) calendar days during which all students may apply.

(2) A charter school shall not exclude students from enrollment based on race, color, ethnicity, national origin, religion, income level, disability, English language proficiency, or academic ability.

(3) A charter school may submit a charter school application that seeks to limit enrollment to a single sex, as defined in T.C.A. § 49-2-802, if the enrollment proposal complies with state and federal law.

(4) A charter school that is an OPCS, as defined in T.C.A. § 49-13-104, with a residential model shall ensure its facilities:

(a) Comply with all applicable health and safety laws, regulations, and codes of the city, county, and state;

(b) Meet all fire safety regulations and procedures promulgated by the Tennessee Fire Marshal’s Office; and (c) Are constructed, remodeled, renovated, expanded, or modified in accordance with any state and federal requirements applicable to the school regarding building accessibility, including, but not limited to, the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973.

(5) A charter school shall enroll an eligible student who submits an application by the charter school’s deadline unless the number of applications exceeds the capacity of a program, class, grade level, or building.

(6) If, at the end of the initial student application period, the number of eligible students seeking to be enrolled does not exceed the school’s capacity or the capacity of a program, class, grade level, or building, the enrollment of eligible students may proceed on a first-come, firstserved basis.

(7) If, at the end of the initial student application period, the number of eligible students seeking to be enrolled exceeds the school’s capacity or the capacity of a program, class, grade level, or building, eligible students shall be enrolled using a lottery.

(a) Any such lottery shall be conducted within thirty (30) calendar days of the close of the initial student application period.

(b) Students who attended the charter school during the previous school year shall be given first enrollment preference and excluded from entering into a lottery. Students who attended the charter school during the previous school year shall not be required to reapply.

(c) Students enrolling in a charter school from another charter school, even if both schools share a governing body, shall be subject to the lottery preferences outlined in paragraph (8) of this Rule.

(d) A charter school may give an enrollment preference to children of an employee of the charter school or member of the governing body of the charter school, not to exceed ten percent (10%) of total enrollment or twenty-five (25) students, whichever is less, in which case such students shall also be given first enrollment preference and excluded from entering into a lottery.

(e) In accordance with T.C.A. § 49-13-108(i)(2), a charter school sponsored by a public institution of higher education may give an enrollment preference to children of the public institution of higher education’s employees or members of the institution’s governing body, not to exceed twenty-five percent (25%) of the charter school’s total enrollment.

(8) If an enrollment lottery is conducted, a charter school shall give enrollment preferences in the following order:

(a) For an OPCS:

Students identified as at-risk, as defined in T.C.A. § 49-13-104(3); and 2. If an OPCS has additional capacity after the number of eligible at-risk students seeking to be enrolled have been accepted, the OPCS shall give enrollment preferences in the order listed under paragraph (8)(b), as applicable.

(b) For all other charter schools:

Students enrolled in a pre-K program operated by the charter school;
Students who are economically disadvantaged as defined in T.C.A. § 49-3-104, if the charter school has elected to use such an enrollment preference. A charter school may give an enrollment preference to students who are economically disadvantaged pursuant to T.C.A. § 49-13-113. A charter school may request, but shall not require, information on an initial student application to verify that a student is legally qualified as economically disadvantaged, as defined in § 49-3- 104. This information shall be utilized for the purposes of an enrollment lottery and shall not exclude students from enrollment;
Students applying to enroll in the charter school that has an authorizer-approved articulation agreement with the students’ current charter school, which allows students to matriculate from one school to the other;
Siblings of students already enrolled in the charter school;
Students residing within the geographic boundaries of the LEA in which the charter school is located who were enrolled in another public school during the previous school year. If the public charter school is authorized in a county LEA, this preference includes students who reside in the county and who were enrolled in the previous school year in another LEA located in the same county; and 6. Students residing outside the geographic boundaries of the LEA in which the charter school is located, if permitted through the authorizer’s out-of-district enrollment policy.

(9) If enrollment within a group of preferences set out in paragraph (8) exceeds the planned capacity of the school, enrollment within that group shall be determined on the basis of a lottery.

(10) A non-charter public school converting to a charter school under T.C.A. § 49-13-106 (conversion charter school) shall give enrollment preference to students who reside within the former school zone of the conversion charter school, subject to the exception at subparagraph (10)(a). Students enrolled in the existing non-charter public school to be converted shall have the option to enroll in another public school operated by the LEA in which the charter school is located without penalty. The enrollment preference for students who reside within the former school zone of the conversion charter school excludes those students from entering into a lottery.

(a) A non-charter public school converting to an OPCS shall not give an enrollment preference to students who reside within the former school zone of the conversion charter school unless the student is an at-risk student as defined in T.C.A. § 49-13- 104(3).

(11) Students living in other school zones may enroll in a conversion charter school after those living in the school zone have the opportunity to enroll, but only if there is program, class, grade level, and building capacity to serve the out-of-zone students. If applications by out-ofzone students exceed the charter school’s capacity, enrollment of out-of-zone students shall be determined on the basis of a lottery. Out-of-zone students who attended the school the previous school year, and such students’ siblings, may be given preference in enrollment.

(12) A charter school may refuse to admit any student who is expelled from another public school or district or who is in the process of being expelled from another public school or district.

(13) Additional verification requirements for enrollment in an OPCS:

(a) To qualify as at-risk, a student shall only be required to meet the income requirement and one (1) at-risk eligibility criterion listed in T.C.A. § 49-13-104(3)(a)-(h).

(b) As part of the enrollment process, the parent or guardian of an enrolling student or an enrolling student who has reached the age of eighteen (18) shall provide verification of meeting the at-risk criteria, as defined in T.C.A. § 49-13-104(3).

(c) Verification for at-risk criteria shall be established through the completion of the appropriate documentation as required in State Board Opportunity Public Charter School Policy 6.114.

(d) Whether a student qualifies as at-risk shall be determined by the OPCS only at the time of enrollment. If a student has withdrawn from the OPCS and subsequently re-enrolls, the OPCS shall verify at-risk eligibility at the time of re-enrollment.

(14) Reporting requirements:

(a) A charter school shall provide to the Department certification by an independent accounting firm or by a law firm that each lottery conducted for enrollment purposes complied with the requirements of T.C.A. § 49-13-113. Charter schools that choose to participate in the enrollment process of their authorizer may use certification from the authorizer to satisfy this requirement.

(b) In lieu of an independent accounting firm or law firm, charter schools may request that the Department review and approve the lottery process prior to conducting the lottery.

(c) By June 30th of each year, an OPCS shall submit to its authorizer a signed, written verification from an independent accounting firm or law firm stating whether the school met or exceeded an overall average of seventy-five percent (75%) at-risk student enrollment in the immediately preceding school year.

The authorizer shall include the results of this annual verification in its authorizer report.
If an OPCS fails to meet the seventy-five percent (75%) at-risk student enrollment requirement for three (3) consecutive school years, the school shall petition the authorizer to amend its charter agreement to convert to a public charter school and forgo its OPCS status, or voluntarily close.

(i) If an OPCS seeks to amend its charter agreement, it shall petition its authorizer by the fall amendment petition deadline immediately following the third (3rd) consecutive year in which the school failed to meet the atrisk enrollment requirement and shall follow the amendment petition process outlined in the Commission’s rules, including the right to an appeal.

(ii) If an OPCS chooses to voluntarily close, the school shall notify its authorizer of its decision by October 1 immediately following the third (3rd) consecutive year in which the school failed to meet the seventy-five (75%) enrollment requirement, and the school shall close by the end of that school year.

An OPCS shall retain documentation evidencing that at-risk students met the atrisk eligibility criteria at the time of the student’s enrollment, or any re-enrollment, in the OPCS.

History

Authority: T.C.A. §§ 49-13-104, 49-13-108, 49-13-113, and 49-13-126.
Administrative History: Original rule filed March 25, 2010; effective August 29, 2010. Repeal and new rule filed March 21, 2012; effective August 29, 2012. Amendments filed January 10, 2018; effective April 10, 2018. Amendments filed August 29, 2018; effective November 27, 2018. Amendments filed September 29, 2020; effective December 28, 2020. Amendments filed November 30, 2020; effective February 28, 2021. Amendments filed March 12, 2024; effective June 10, 2024. Emergency rules filed January 31, 2025; effective through July 30, 2025. Emergency rules expired effective July 31, 2025, and the rules reverted to their previous statuses. Amendments filed May 23, 2025; effective August 21, 2025. Amendments filed January 7, 2026; effective April 7, 2026.

Tenn. Comp. R. & Regs. 0520-14-01-.05 ANNUAL AUTHORIZER FEE AND ANNUAL REPORTING

(1) Requirements applicable to local boards of education that serve as an authorizer of a charter school(s) (i.e., district authorizers):

(a) Pursuant to T.C.A. § 49-13-128, district authorizers shall receive an annual authorizer fee that is a percentage of the charter school’s per student state and local funding as allocated under T.C.A. § 49-13-112. The annual authorizer fee shall be the lesser of three percent (3%) of the annual per-student state and local allocations or $35,000 per school.

(b) District authorizers shall use the annual authorizer fee exclusively for fulfilling the following authorizing obligations:

Charter school application approval process, including:

(i) Implementation of State Board-approved quality authorizing standards; and (ii) Stipends or travel for external reviewers.

Interim review process required by T.C.A. § 49-13-121(k), including review of the progress of the school in achieving the goals, objectives, pupil performance standards, content standards, and other terms of the approved charter agreement.
Charter school renewal process required by T.C.A. § 49-13-121, including:

(i) Review of the renewal application;

(ii) Stipends or travel for external reviewers; and (iii) Development of the renewal evaluation required to be submitted to each charter school.

Monitoring and oversight activities, including:

(i) Development of a performance framework;

(ii) Annual monitoring visits;

(iii) Data meetings;

(iv) Any software or data management tools required by the district authorizer exclusively for charter schools;

(v) Monitoring of all legal requirements; and (vi) School closure responsibilities outlined in T.C.A. § 49-13-130.

Personnel costs for staff supporting charter schools, including:

(i) Salaries and benefits for full-time or part-time personnel with exclusive charter school responsibilities;

(ii) Salaries for personnel who spend a portion of their time on direct charter school responsibilities. Any funds spent on salaries must be pro-rated to reflect the amount of time spent only on charter support work. Salaries for personnel may only be paid for with authorizer fee funds if the activities and duties of the personnel are beyond the scope and capacity of the LEA charter school office or personnel;

(iii) External consultants or other consultancy or legal fees to support charter authorizing obligations; and (iv) Reasonable costs associated with recruiting or hiring charter support or authorizing staff.

Operational expenses for staff supporting charter schools.
Annual reporting, including:

(i) Review of annual charter school performance reports required under T.C.A. § 49-13-120;

(ii) Reporting of vacant and underutilized properties owned or operated by the LEA pursuant to T.C.A § 49-13-136 and paragraph (4) of this Rule;

(iii) Creation of the authorizer fee report required by T.C.A. § 49-13-128(f); and (iv) Reporting of student directory information required by T.C.A. § 49-13-132.

Ongoing charter school support services, including:

(i) Interventions or authorizer-led supports;

(ii) Maintenance of facilities or other capital outlay obligations that are not otherwise outlined in a lease agreement between the authorizer and charter school;

(iii) Professional development, orientation, or onboarding of charter school employees or staff supporting charter schools; and (iv) Contract services for specialized or targeted charter school supports.

(2) Requirements applicable only to state-level authorizers:

(a) In accordance with T.C.A. § 49-13-128:

If the ASD authorizes a public charter school, the ASD shall receive an annual authorizer fee of up to three percent (3%) of the public charter school’s per pupil state and local funding as allocated under § 49-13-112(a). By May 1 of each year, the Commissioner shall set the percentage of a public charter school’s per pupil state and local funding that the ASD shall receive as the annual authorizer fee for the next school year.

(i) The ASD shall use the annual authorizer fee exclusively for fulfilling authorizing obligations set forth in subparagraph (1)(b) of this Rule.

If the Commission authorizes a public charter school, the Commission shall receive an annual authorizer fee of up to three percent (3%) of the public charter school’s per pupil state and local funding as allocated under § 49-13-112(a). By May 1 of each year, the Commission or the Commission’s designee shall set the percentage of a public charter school’s per student state and local funding that the Commission shall receive as the annual authorizer fee for the next school year.

(i) The Commission shall use the annual authorizer fee for fulfilling authorizing obligations set forth in subparagraph (1)(b) of this Rule.

Additionally, the Commission may use the annual authorizer fee to fulfill obligations consistent with the authority of the Commission as set forth in Tennessee Code Annotated Title 49, Chapter 13.

(3) Requirements applicable to all authorizers:

(a) The authorizer fee shall be paid by a charter school to its authorizer in accordance with the payment process issued by the Department of Education.

(b) The annual authorizer fee collected by an authorizer shall be recorded in the general ledger using the appropriate revenue code as determined by the Tennessee Comptroller and shall be subject to all audit and reporting requirements.

(c) By December 1 of each year, each authorizer that collects an annual authorizer fee shall report to the State Board the total amount of authorizer fees collected in the previous school year and the authorizing obligations fulfilled using the fee. Reports shall be submitted on a reporting form developed by the State Board.

(d) Each authorizer fee report shall be posted on the authorizer’s website and the State Board’s website.

(e) If, for any school year, the total amount of authorizer fees collected by the authorizer exceeds the amount used by the authorizer to perform its authorizing obligations and responsibilities, the authorizer shall distribute the amount remaining to its authorized public charter schools.

(f) Any excess funds collected by an authorizer shall be distributed to its authorized charter schools in the school year immediately following the school year in which the excess fees were collected by the authorizer and in accordance with the process established by the Department of Education.

(g) If the State Board determines funds were used by the authorizer for activities other than the authorizing obligations outlined in this Rule, the State Board shall direct the Department of Education to withhold an amount equal to the misallocated funds in the following school year from the authorizer and shall distribute the misallocated funds directly to the authorizer’s charter schools.

(h) If an authorizer does not receive timely payment from an authorized charter school in accordance with this Rule, the authorizer shall be entitled to any past due amount from the authorized charter school in accordance with the payment process issued by the Department of Education.

(i) Each charter school shall receive a proportionate share of any excess or misallocated funds collected by the authorizer based on the actual amount of authorizer fee funds paid to the authorizer by each charter school.

(j) Authorizers shall annually provide a projected charter school office budget for the upcoming school year to the State Board by August 1. The State Board shall annually post each projected budget to its website by August 15.

(4) Requirements applicable to LEAs in which one (1) or more public charter schools operate:

(a) Annually by May 1, the LEA shall publish the information required in T.C.A. § 49-13- 136(c)(1) on the LEA’s website and submit a comprehensive listing of all vacant or underutilized property to the Department and the Comptroller of the Treasury.

Vacant property, as defined in T.C.A. § 49-13-104, means a building, with or without improvements, which is closed or no longer used for direct academic instruction for students in pre-kindergarten through grade twelve (pre-K-12), or any combination thereof, including, but not limited to, spaces suitable for classroom use that are currently being used for storage of any kind and does not include real property on which a building or permanent structure has not been erected.
Underutilized property, as defined in T.C.A. § 49-13-104, means a building or portion thereof, with or without improvements, which is not used or is used irregularly or intermittently for K-12 instructional or program purposes, including, but not limited to, spaces suitable for classroom use that are currently being used for storage of any kind. K-12 instructional purposes include spaces used for providing direct instruction to students. K-12 program purposes include spaces used in support of K-12 instructional programming, such as faculty professional development, employee offices, and other similar uses but do not include spaces suitable for classroom use that are currently being used for storage of any kind.

For public school facilities that, by their nature, are characterized by irregular or intermittent use, such as auditoriums, gymnasiums, cafeterias, and athletic facilities, irregular or intermittent use means the facility is used for K-12 instructional or programming purposes less than ten (10) times per school year.

For all other public school facilities, irregular or intermittent use means the facility is used for K-12 instructional or programming purposes fewer than ninety (90) days per school year or the facility is used at less than 55% capacity, to be calculated in accordance with the Department’s guidance and reporting template.

History

Authority: T.C.A. §§ 49-1-302, 49-13-112, 49-13-126, and 49-13-128.
Administrative History: Original rule filed January 11, 2019; effective April 11, 2019. Amendments filed May 27, 2021; effective August 25, 2021. Amendments filed January 31, 2025; effective May 1, 2025. Amendments filed January 7, 2026; effective April 7, 2026.

Tenn. Comp. R. & Regs. 0520-14-01-.06 REPEALED

History

Authority: T.C.A. § 49-13-110(b) and Public Chapter 219 (2019).
Administrative History: Emergency rule filed June 27, 2019; effective through December 24, 2019. Emergency rule expired effective December 25, 2019. Original rule filed January 31, 2020; effective April 30, 2020. Amendments filed April 13, 2021; effective July 12, 2021. Repeal filed December 2, 2021; effective March 2, 2022.

Tenn. Comp. R. & Regs. 0520-14-01-.07 GOVERNING BODY TRAINING APPROVAL

(1) Approval of Training Courses.

(a) Charter school governing body training courses (“Training Courses”) shall be approved by the State Board of Education (“State Board”).

(b) Training Course hours will be recognized only for Training Courses approved by the State Board in accordance with this Rule.

(c) Prospective course providers shall submit an application for Training Course approval to the School Board Training Advisory Committee (“Advisory Committee”) created in State Board Rule 0520-01-02-.11, by February 15 prior to the fiscal year in which the Training Course will be offered. The application for Training Course approval shall include, but is not limited to, the following information:

Name of the individual(s) or entity wishing to provide training;
Experience of the individual(s) or entity in providing governing body training;
Instructor qualifications;
Title, proposed agenda, and length of Training Courses;
Intended audience for the courses (New and/or Experienced Governing Body Members);
Description of content to be delivered and learning objectives;
Description of instructional strategies, activities, and presentation materials;
Method of delivery of Training Course content (webinar, in-person, etc.);
Fees, if any, to be charged;
Methods used to evaluate the achievement of stated learning objectives and provider effectiveness; and 11. If a charter school or charter management organization (“CMO”) proposes Training Courses for approval, the proposal shall state whether the Training Courses are restricted to members of the charter school or CMO’s governing body or if the Training Courses will be open to any governing body member who wishes to participate.

(d) Training Course applications shall be evaluated following the same process outlined in State Board Rule 0520-01-02-.11 paragraphs (1)(e) and (1)(f)1. Training Courses that meet the requirements of this Rule and are recommended by the Advisory Committee for approval shall be submitted by the Advisory Committee to the State Board for approval. When submitting recommended Training Courses for approval to the State Board, the Advisory Committee shall include a summary of the reasons for the approval recommendation.

Training Courses recommended by the Advisory Committee and approved by the State Board shall be included in State Board Policy 6.112.
Training Course approvals are valid for three (3) years, unless the provider or the State Board indicates the Training Course is proposed or approved for a shorter period of time. Training Courses may be submitted for renewal at the end of the approval period.
Approved Training Course providers shall notify State Board staff if any changes to information outlined in paragraph (c) are made to approved Training Courses during the approval period. The State Board staff shall determine if re-approval is required as a result of the changes.

(2) Training Course Requirements.

(a) Training Course requirements for new governing body members with less than one (1) year of continuous service as part of the current governing body and members of newly approved charter school governing bodies (“New Board Members”).

Training Course Hour Requirements. New Board Members shall, at a minimum, complete six (6) hours of training within twelve (12) months of joining the governing body.

(i) Governing body members with a break in service of more than one (1) year within the same governing body or new members of a governing body shall be considered New Board Members for training purposes.

Training Course Content Requirements. New Board Members shall, at a minimum, receive training on the following topics:

(i) Overview of responsibilities of non-profit governance, including but not limited to financial oversight and evaluation of school leadership.

(ii) State laws and rules governing charter school operations, including but not limited to student discipline and student discipline due process requirements, and requirements to comply with federal laws including, but not limited to the Individuals with Disabilities Education Act (“IDEA”), the Federal Educational Rights and Privacy Act (“FERPA”), and Section 504 of the Rehabilitation Act of 1973.

(iii) Tennessee open meetings and open records requirements.

(iv) Conflict of interest and ethics.

(v) Education’s governance structure, including an overview of the roles and responsibilities of the State Board of Education, Department of Education, and the Public Charter School Commission.

New Board Members may establish compliance through the completion of one (1) six (6) hour Training Course, or through the completion of multiple Training Courses combined to reach the six (6) hour minimum.
New Board Members shall complete all required Training Course hours within twelve (12) months of joining the governing body.

(b) Training Course requirements for experienced governing body members with one (1) or more years of continuous governing body service as part of a specific school’s governing body (“Experienced Board Members”):

Training Course Hour Requirements. Experienced Board Members shall, at a minimum, complete four (4) hours of training each year.
Training Course Content. Experienced Board Members may select any Training Course(s) approved by the State Board.
Experienced Board Members may establish compliance through the completion of one (1) four (4) hour Training Course, or through the completion of multiple Training Courses combined to reach the four (4) hour minimum.
Experienced Board Members shall complete all required Training Course hours by June 30 annually.

(c) If a governing body member is unable to complete all required training hours due to an unanticipated hardship, the Charter School may request a waiver from the authorizer or Commissioner of Education to reduce or waive the annual training requirement for that governing body member, pursuant to T.C.A. § 49-13-111. If a New Board Member is granted a waiver of required Training Course hours for a particular year, any Training Courses not completed by the New Board Member shall be made up in the following year. Waivers shall only be valid for one (1) year.

(d) Charter school authorizers shall monitor charter governing body compliance with these rules. Approved Training Course providers shall annually provide a list to authorizers of all governing body members who have completed approved Training Courses during the fiscal year by August 1. Governing body members shall provide documentation of the completion of required Training Courses to the authorizer, if requested.

History

Authority: T.C.A. §§ 49-13-111 and 49-13-126.
Administrative History: Original rule filed March 26, 2020; effective June 24, 2020. Amendments filed December 2, 2021; effective March 2, 2022. Amendments filed September 20, 2023; effective December 19, 2023.

Tenn. Comp. R. & Regs. 0520-14-01-.08 AUTHORIZER EVALUATION

(1) Evaluation Process.

(a) Pursuant to T.C.A. § 49-13-145, the State Board shall conduct periodic authorizer evaluations of all authorizers that oversee at least one (1) charter school. New authorizers that have authorized a charter school that has not yet opened shall be considered authorizers for purposes of participating in the evaluation and shall receive their first evaluation when at least one (1) of the authorizer’s charter schools begins its second year of operation.

(b) Authorizers shall be evaluated by the State Board at least every other year. However, an authorizer that achieves an Exemplary rating for two (2) consecutive evaluations may be exempted from undergoing an evaluation during the authorizer’s next evaluation year. Authorizers that achieve an Unsatisfactory/Incomplete rating during an evaluation shall be required to participate in another authorizer evaluation in the year immediately following the rating of Unsatisfactory/Incomplete.

(c) State Board staff shall assemble an authorizer evaluation team (the “Evaluation Team”) comprised of evaluators with experience in charter school authorization and/or authorizer evaluation.

(d) The State Board shall develop and approve an authorizer evaluation rubric (the “Rubric”) to evaluate authorizer compliance with the requirements of state law, the rules and regulations of the State Board, and to ensure alignment with the State Board Quality Charter School Authorizing Standards Policy 6.111. The Rubric shall be an attachment to State Board Policy 6.113 Charter School Authorizer Evaluations. The Rubric shall, at a minimum, require the Evaluation Team to:

Assign authorizers a score on a scale of zero (0) to four (4), or not applicable, indicating the degree to which an authorizer has met each standard on the Rubric; and 2. Assign authorizers an overall rating in compliance with thresholds defined in State Board Policy 6.113 Charter School Authorizer Evaluations.

(e) The evaluation year is the school year during which an authorizer undergoes an authorizer evaluation by the State Board (the “Evaluation Year”). The Evaluation Year shall, at a minimum, consist of the following:

Submission of documentation by the authorizer to the State Board;
Evaluation Team review of submitted documentation;
Evaluation Team review of authorizer appeal history, if applicable;
Evaluation Team interview with school leaders from the authorizer’s charter schools;
Evaluation Team meeting with the authorizer to receive additional context about the submitted documentation;
An Evaluation Team member meeting with the authorizer to review preliminary evaluation ratings;
Draft authorizer evaluation report shared with the authorizer. The authorizer shall have an opportunity to provide any factual corrections to the report prior to the report being finalized;
Final authorizer evaluation report (the “Evaluation Report”), including scores for each standard of the Rubric, an overall evaluation rating, and any required follow-up actions shared with the authorizer. The Evaluation Report shall be presented to the State Board for approval at the next quarterly or special called meeting following release of the Evaluation Report to the authorizer;
Upon approval of the Evaluation Report, State Board staff shall send written notification of approval to the authorizer. If an authorizer receives a rating of Approaching Satisfactory or Unsatisfactory/Incomplete, the authorizer shall acknowledge receipt of the Evaluation Report to the State Board no later than ten (10) business days after the written notification is sent to the authorizer and shall comply with any required follow-up actions including, but not limited to, development of a corrective action plan; and 10. Posting the Evaluation Report on the State Board’s website.

(f) The non-evaluation year is the school year during which an authorizer does not undergo an authorizer evaluation by the State Board (the “Non-Evaluation Year”). The Non-Evaluation Year shall, at a minimum, consist of the following:

Authorizer completion of a self-assessment that shall be submitted to the State Board in addition to the annual authorizer report required by T.C.A. § 49-13-128.

The self-assessment shall include, if applicable, information and evidence demonstrating completion of a corrective action plan required by the State Board as a result of the authorizer’s most recent Evaluation Report; and 2. If the authorizer’s corrective action plan requires interim reports, the authorizer shall provide information and evidence demonstrating completion of any corrective action plan tasks by the deadline required by the corrective action plan.

(g) Authorizer progress toward completion of a corrective action plan shall be reported by State Board staff to the State Board at least annually.

(2) Authorizer Ratings and Follow-up Actions.

(a) The Evaluation Report shall assign an overall rating to each authorizer as further defined in State Board Policy 6.113 Charter School Authorizer Evaluations. Rating categories and corresponding follow-up actions are as follows:

Exemplary.

(i) An Exemplary rating includes, but is not limited to, the following:

(I) Public recognition and highlighting authorizer best practices by the State Board;

(II) Exemption from an upcoming evaluation if the authorizer has achieved an Exemplary rating for two (2) consecutive Evaluation Years; and (III) Submission of a self-assessment during the Non-Evaluation Year.

(ii) An authorizer shall not be rated as Exemplary if the authorizer receives a zero (0) or one (1) rating for any Rubric standard.

Commendable.

(i) A Commendable rating includes, but is not limited to, the following:

(I) Public recognition and highlighting authorizer best practices by the State Board; and, (II) Submission of a self-assessment during the Non-Evaluation Year.

Satisfactory.

(i) A Satisfactory rating includes, but is not limited to, the following:

(I) Submission of a self-assessment during the Non-Evaluation Year.

Approaching Satisfactory.

(i) An Approaching Satisfactory rating includes, but is not limited to, the following:

(I) Submission of a corrective action plan, which shall include any specific follow-up actions identified in the Evaluation Report. The corrective action plan shall be approved by the Executive Director of the State Board or his/her designee prior to implementation;

(II) Submission of a self-assessment during the Non-Evaluation Year; and (III) Submission of documentation demonstrating completion of requirements by the deadlines set forth in the approved corrective action plan. Failure to complete the requirements outlined in the corrective action plan and/or receiving a rating of Approaching Satisfactory or Unsatisfactory/Incomplete in the next authorizer evaluation may result in the reduction of the authorizer’s authorizer fee in an amount and length of time determined by the State Board in compliance with paragraph three (3) of this Rule.

Unsatisfactory/Incomplete.

(i) An Unsatisfactory/Incomplete rating includes, but is not limited to, the following:

(I) Requirement to participate in another authorizer evaluation the school year immediately following a rating of Unsatisfactory/Incomplete;

(II) Submission of a corrective action plan, which shall include any specific follow-up actions identified in the Evaluation Report. The corrective action plan shall be approved by the Executive Director of the State Board or his/her designee prior to implementation; and (III) Submission of documentation demonstrating completion of requirements by the deadlines set forth in the approved corrective action plan. Failure to complete the requirements outlined in the corrective action plan and/or receiving a rating of Unsatisfactory/Incomplete in the authorizer’s next evaluation may result in the reduction of the authorizer’s authorizer fee in an amount and length of time determined by the State Board in compliance with paragraph three (3) of this Rule.

(3) Authorizer Fee Reduction.

(a) The State Board may reduce the authorizer fee of an authorizer that receives:

An Approaching Satisfactory rating during the Evaluation Year and fails to complete the requirements outlined in the authorizer’s corrective action plan;
An Unsatisfactory/Incomplete rating during the Evaluation Year and fails to complete the requirements outlined in the authorizer’s corrective action plan; or 3. An Unsatisfactory/Incomplete or Approaching Satisfactory rating during two (2) consecutive Evaluation Years.

(b) The State Board shall not reduce an authorizer’s authorizer fee by more than fifty percent (50%) in any school year.

(c) If the Executive Director determines that an authorizer fee reduction should be recommended to the State Board, the Executive Director of the State Board shall make a recommendation to the State Board regarding the reduction of an authorizer’s authorizer fee and the length of time; however, the State Board is not bound by that recommendation. Absent an Executive Director’s recommendation, the State Board may still consider reduction of an authorizer’s authorizer fee if the authorizer meets any of the requirements of paragraph (3)(a) of this Rule. The amount of any reduction of an authorizer’s authorizer fee and the length of time of any reduction shall be determined and approved by the State Board on a case-by-case basis. In making its determination, the State Board shall consider, but is not limited to, the following:

An authorizer’s failure to remedy any noncompliance identified in the authorizer’s Evaluation Reports and corresponding corrective action plans, if applicable; and 2. Ratings received by the authorizer in prior Evaluation Reports, if applicable.

(d) If the State Board approves the reduction of an authorizer’s authorizer fee by a certain percentage, the Department of Education shall determine the exact amount of the reduction based on the total authorizer fee received by the authorizer in the Evaluation Year or the first year that the authorizer receives an authorizer fee, if no fee has been collected by the authorizer during the Evaluation Year.

(e) Any reduction shall be equally prorated among all of the authorizer’s open and operating charter schools.

History

Authority: T.C.A. §§ 49-13-120, 49-13-126, and 49-13-145.
Administrative History: New rule filed April 13, 2021; effective July 12, 2021. Amendments filed August 28, 2023; effective November 26, 2023.

Chapter 0520-14-02 Charter School Waiver Requests

Tenn. Comp. R. & Regs. 0520-14-02-.01 CHARTER SCHOOL WAIVERS

(1) Pursuant to T.C.A. § 49-13-111 a public charter school (including charter schools authorized by the Achievement School District) may apply to either the authorizer or to the Commissioner of Education for a waiver of any state board rule or statute that inhibits or hinders the charter school’s ability to meets its goals or comply with its mission statement.

(2) Waivers shall not be granted by the Commissioner or authorizer for requirements related to:

(a) Federal and state civil rights;

(b) Federal, state, and local health and safety;

(d) Immunizations;

(e) Possession of weapons on school grounds;

(f) Background checks and fingerprinting of personnel;

(g) Federal and state special education services;

(h) Student due process;

(i) Parental rights;

(j) Federal and state student assessment and accountability;

(k) At least the same equivalent time of instruction as required in regular public schools; or (l) Teacher evaluation.

(3) Waiver requests from the requirements in the charter school statute, T.C.A. Title 49, Chapter 13, or State Board of Education rules and regulations specific to charter schools shall not be considered.

(4) Authorizers shall submit all locally approved waivers in accordance with procedures set by the Department of Education.

(5) All waivers approved by the Commissioner or an authorizer shall be effective for the term of the charter agreement or for a length of time specified by the Commissioner or authorizer.

History

Authority: T.C.A. §§ 49-1-201(c)(20)(C), 49-13-105, 49-13-107, and 49-13-111.
Administrative History: Original rule filed November 26, 2003; effective March 29, 2004. Amendments filed January 26, 2018; effective April 26, 2018. Amendments filed September 29, 2020; effective December 28, 2020.

Tenn. Comp. R. & Regs. 0520-14-02-.02 REQUIREMENTS FOR REQUESTING WAIVERS FROM THE COMMISSIONER

(1) All waiver requests shall be submitted in writing to the Commissioner by the sponsor of the charter school.

(2) All waiver requests shall include a listing of the specific state board rule or statute requested to be waived.

(3) All waiver requests shall include detailed documentation of the grounds for requesting the waiver and specific evidence showing how the state board rule or statute currently inhibits or hinders the public charter school’s ability to meet its goals or comply with its mission statement.

(4) All waiver requests filed with the Commissioner of Education shall indicate if the charter school has filed the same waiver request with their local board of education and include the status of that waiver request.

(5) Incomplete requests shall not be considered.

(6) The Commissioner may request additional information to supplement a completed request.

(7) The Commissioner shall notify the charter school and its authorizer if the waiver request is approved or denied within thirty (30) days of receiving a request.

History

Authority: T.C.A. §§ 49-1-201(c)(20)(C), 49-13-105, 49-13-107, and 49-13-111.
Administrative History: Original rule filed November 26, 2003; effective March 29, 2004. Amendments filed January 26, 2018; effective April 26, 2018. Amendments filed September 29, 2020; effective December 28, 2020.

Tenn. Comp. R. & Regs. 0520-14-02-.03 REPEALED

History

Authority: T.C.A. §§ 49-1-201(c)(20)(C) and 49-13-105.
Administrative History: Original rule filed November 26, 2003; effective March 29, 2004. Repeal filed January 26, 2018; effective April 26, 2018.

Tenn. Comp. R. & Regs. 0520-14-02-.04 REPEALED

History

Authority: T.C.A. §§ 49-1-201(c)(20)(C) and 49-13-105.
Administrative History: Original rule filed November 26, 2003; effective March 29, 2004. Repeal filed January 26, 2018; effective April 26, 2018.

Chapter 0520-14-03 Achievement School District

Tenn. Comp. R. & Regs. 0520-14-03-.01 AUTHORIZATION OF CHARTER SCHOOLS

(1) Charter schools may be authorized by the Achievement School District (ASD) to operate any school placed in the ASD in accordance with T.C.A. § 49-13-106.

(2) The ASD authorization application for charter schools shall be approved by the Department of Education and shall at a minimum include the requirements identified in T.C.A. § 49-13- 107.

(3) The decision to grant or deny a charter application submitted by a sponsor shall be made within ninety (90) days of receipt of the completed application.

(4) Decisions of the superintendent to grant or deny ASD charter applications are final and not subject to appeal.

History

Authority: T.C.A. §§ 49-13-112 and 49-13-126.
Administrative History: Original rule filed March 28, 2012; effective August 29, 2012. Amendments filed January 10, 2018; effective April 10, 2018.

Tenn. Comp. R. & Regs. 0520-14-03-.02 WAIVERS

(1) Pursuant to T.C.A. § 49-1-614 the Achievement School District (ASD) or any entity the ASD contracts with to operate or manage schools that have been placed in the ASD may apply to the Commissioner for a waiver of any state board rule that inhibits or hinders the ability of the school to increase student achievement.

(2) Charter schools authorized by the ASD shall follow the waiver procedures outlined in State Board Rule 0520-14-02.

(3) The Commissioner shall not waive rules related to the following:

(a) Federal and state civil rights;

(b) Federal, state, and local health and safety;

(d) Immunizations;

(e) Possession of weapons on school grounds;

(f) Background checks and fingerprinting of personnel;

(g) Federal and state special education services;

(h) Student due process;

(i) Parental rights;

(j) Federal and state student assessment and accountability;

(k) Open meetings;

(l) At least the same equivalent time of instruction as required in regular public schools; and (m) State board rules and regulations specific to the operation of the ASD.

(4) All waiver requests shall be submitted in writing to the Commissioner by the ASD on behalf of the school.

(5) All waiver requests shall include a listing of the specific state board rule(s) requested to be waived.

(6) All waiver requests shall include detailed documentation of the grounds for requesting the waiver and specific evidence showing how the state board rule inhibits or hinders the school’s ability to increase student achievement.

(7) The Commissioner shall notify the ASD if the waiver request is approved or denied within thirty (30) days of receiving a request.

(8) All waivers approved by the Commissioner shall be effective for one (1) academic year. A new request must be filed each year in order to renew the waiver.

History

Authority: T.C.A. §§ 49-1-614, 49-13-105, and 49-13-126.
Administrative History: Original rule filed January 10, 2018; effective April 10, 2018.

Chapter 0520-15-01 Public Records Requests

Tenn. Comp. R. & Regs. 0520-15-01-.01 PUBLIC RECORDS REQUESTS GENERALLY

(1) In accordance with the Tennessee Public Records Act (TPRA), T.C.A. §§ 10-7-503 et seq., the State Board’s public records shall, at all times during business hours, be open for personal inspection by any citizen of this state, and those in charge of the records shall not refuse such right of inspection to any citizen, unless otherwise provided by state or federal law. Accordingly, the public records of the State Board are presumed to be open for inspection unless an exemption is otherwise provided by law.

(2) Personnel of the State Board shall provide access and assistance to Tennessee citizens requesting access to public records, in accordance with the provisions of the TPRA and this

Chapter. No provision of this Chapter shall be used to hinder access to open public records.

However, the integrity and organization of public records, as well as the efficient and safe operation of the State Board, shall be protected as provided by current law. Concerns about the provisions or enforcement of this Chapter should be addressed to the State Board’s Public Records Request Coordinator (PRRC) or to the Tennessee Office of Open Records Counsel (OORC).

(3) The TPRA grants Tennessee citizens the right to access public records that exist at the time of the request. Nothing in the TPRA or this Chapter shall be construed as requiring a Records Custodian or the PRRC to sort through files to compile information into a new record or to create or recreate a record that does not exist.

(4) In accordance with the TPRA and this Chapter, State Board personnel will respond promptly to public record requests upon proof of Tennessee citizenship by presentation of a validly issued Tennessee driver’s license or Tennessee-issued photo identification that includes the Requestor’s address. If the Requestor does not possess photo identification, then other forms of identification evidencing the Requestor’s identity and Tennessee citizenship may be accepted.

History

Authority: T.C.A. § 10-7-503.
Administrative History: Original rules filed June 25, 2019; effective September 23, 2019. Amendments filed July 24, 2024; effective October 22, 2024.

Tenn. Comp. R. & Regs. 0520-15-01-.02 DEFINITIONS

(1) “Public Records” means all documents, papers, letters, maps, books, photographs, microfilms, electronic data processing files and output, films, sound recordings, or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business by any governmental entity. Public records do not include the device or equipment, including, but not limited to, a cell phone, computer, or other electronic or mechanical device or equipment, that may have been used to create or store a public record.

(2) “Public Records Request Coordinator” or “PRRC” means the individual, or individuals, identified in this Chapter who has, or have, the responsibility to ensure public record requests are routed to the appropriate Records Custodian and are fulfilled in accordance with the TPRA. The PRRC may also be a Records Custodian.

(3) “Records Custodian” means the office, official or employee lawfully responsible for the direct custody and care of a public record. The Records Custodian is not necessarily the original preparer or receiver of the record.

(4) “Redacted Record” means a public record otherwise open for public inspection from which protected or confidential information is removed or obscured prior to release or inspection.

(5) “Requestor” means a Tennessee citizen requesting access to a public record, whether for inspection or duplication.

History

Authority: T.C.A. § 10-7-503.
Administrative History: Original rules filed June 25, 2019; effective September 23, 2019. Amendments filed July 24, 2024; effective October 22, 2024.

Tenn. Comp. R. & Regs. 0520-15-01-.03 MAKING PUBLIC RECORDS REQUESTS

(1) All public record requests shall be made to the PRRC in order to ensure public record requests made pursuant to the TPRA are routed to the appropriate Records Custodian and fulfilled in a timely manner. The designated PRRC for the State Board is the General Counsel, or in the absence of the General Counsel, the Deputy General Counsel or an Associate Counsel, provided, however, that the responsibilities of the PRRC may be delegated to one (1) or more State Board employees under the supervision of the PRRC.

(a) The PRRC may be contacted at:

Tennessee State Board of Education Attn: Public Records Request Coordinator Davy Crockett Tower, 8th Floor 500 James Robertson Parkway Nashville, TN 37243 615-741-2966 (phone) 615-741-0371 (fax)

SBEPublic.Records@tn.gov (2) Requests only for inspection shall be made orally to the PRRC via phone or in person at the PRRC’s contact information noted in paragraph (1)(a) above, or in writing to the PRRC at the PRRC’s contact information noted in paragraph (1)(a) above. If a request for inspection is made orally, the PRRC shall request a U.S. mail address or email address from the Requestor in order to provide any written communication required under the TPRA. Requests for copies shall be made in writing via fax, email, mail, or hand delivery to the PRRC at the contact information noted in paragraph (1)(a) above.

History

Authority: T.C.A. § 10-7-503.
Administrative History: Original rules filed June 25, 2019; effective September 23, 2019. Amendments filed December 23, 2019; effective March 22, 2020. Amendments filed July 24, 2024; effective October 22, 2024.

Tenn. Comp. R. & Regs. 0520-15-01-.04 RESPONDING TO PUBLIC RECORDS REQUESTS

(1) The PRRC shall review public record requests received by the State Board and make an initial determination of the following:

(a) If the Requestor has provided evidence of Tennessee citizenship;

(b) If the records requested are described with sufficient specificity to identify them; and (c) If the State Board is the custodian of the records requested.

(2) The PRRC shall acknowledge receipt of the request and take any of the following action(s), as appropriate:

(a) Advise the Requestor of this Rule and:

Any determinations regarding proof of Tennessee citizenship;
Applicable fees (and labor threshold and waivers if applicable); or 3. Aggregation of multiple or frequent requests.

(b) Deny the request in writing if an appropriate ground applies, including the basis for the denial, using the Public Records Request Response Form developed by State Board staff. Appropriate grounds for denial include, but are not limited to, the following:

Requestor is not, or has not presented evidence of being, a Tennessee citizen;
Request lacks specificity or needs clarification;
An exemption makes the requested record not subject to disclosure under state or federal law;
The State Board is not the custodian of the requested records;
The requested records do not exist.

(d) Forward the records request to the appropriate Records Custodian in the State Board with notice of the date the request was received and the deadline for when a response to the request is due.

(e) If the requested records are in the custody of a different governmental entity, and the PRRC knows the correct governmental entity, advise the Requestor in writing of the correct entity and PRRC for that entity, if known.

History

Authority: T.C.A. § 10-7-503.
Administrative History: Original rules filed June 25, 2019; effective September 23, 2019. Amendments filed July 24, 2024; effective October 22, 2024.

Tenn. Comp. R. & Regs. 0520-15-01-.05 RECORDS CUSTODIAN

(1) Upon receiving a public records request forwarded by the PRRC, the Records Custodian shall make requested records available as promptly as practicable in accordance with T.C.A. § 10-7-503, if the requested records are not exempt from disclosure.

(2) If it is not practicable for the Records Custodian to promptly provide requested records because additional time is necessary to determine whether the requested records exist, to gain access to records, to determine whether the records are open, to redact records, or for other similar reasons, then the Records Custodian shall notify the PRRC who shall, within seven (7) business days from the PRRC’s receipt of the request, send the Requestor a completed Public Records Request Response Form developed by State Board staff stating the time reasonably necessary to produce the record or information.

(3) If the Records Custodian determines that a public record request should be denied, the Records Custodian shall notify the PRRC, and provide the ground(s) for denial. If the PRRC agrees the request should be denied, the PRRC shall deny the request in writing using the Public Records Request Response Form developed by State Board staff. Grounds for denial include, but are not limited to, the following:

(a) Requestor is not, or has not presented evidence of being, a Tennessee citizen;

(b) Request lacks specificity or needs clarification;

(d) The State Board is not the custodian of the requested records;

(e) The requested records do not exist.

(4) If the requested records relate to another governmental entity and the PRRC is aware of the correct governmental entity, the PRRC shall advise the Requestor of the correct governmental entity and PRRC for that entity, if known.

(5) If the Records Custodian reasonably determines production of records should be segmented because the records request is for a large volume of records or additional time is necessary to prepare the records for access, the Records Custodian or PRRC shall notify the Requestor that production of the records will be in segments and that a records production schedule will be provided as expeditiously as practicable. If appropriate, the Records Custodian or PRRC should contact the Requestor to see if the request can be narrowed.

(6) If the Records Custodian discovers records responsive to a records request were omitted from the production, the Records Custodian or PRRC shall promptly contact the Requestor concerning the omission and produce the records as quickly as practicable.

History

Authority: T.C.A. § 10-7-503.
Administrative History: Original rules filed June 25, 2019; effective September 23, 2019. Amendments filed July 24, 2024; effective October 22, 2024.

Tenn. Comp. R. & Regs. 0520-15-01-.06 REDACTION

(1) If a record contains confidential information or information that is not open for public inspection, the Records Custodian shall prepare a redacted copy prior to providing access. If questions arise concerning redaction, the Records Custodian shall coordinate with the PRRC regarding review and redaction of records. The Records Custodian and the PRRC may also consult with the OORC or the Office of the Attorney General and Reporter.

(2) Whenever a Redacted Record is provided, the Records Custodian or PRRC shall provide the Requestor with the basis for redaction. The basis given for redaction shall not disclose confidential information. A Records Custodian is not required to produce a privilege log.

History

Authority: T.C.A. § 10-7-503.
Administrative History: Original rules filed June 25, 2019; effective September 23, 2019. Amendments filed July 24, 2024; effective October 22, 2024.

Tenn. Comp. R. & Regs. 0520-15-01-.07 INSPECTION OF RECORDS

(1) There is no charge to view public records that are subject to inspection under the TPRA, however, any information made confidential by state or federal law shall be redacted prior to making the record available for inspection.

(2) Inspection of records shall take place at the offices of the State Board of Education. The location for inspection of records within the offices of the State Board shall be specified by the Records Custodian or PRRC.

(3) A Records Custodian or PRRC may require an appointment for inspection of records that cannot be promptly made available for inspection. A Records Custodian or PRRC may also require inspection of records at an alternate location under reasonable circumstances.

History

Authority: T.C.A. § 10-7-503.
Administrative History: Original rules filed June 25, 2019; effective September 23, 2019. Amendments filed July 24, 2024; effective October 22, 2024.

Tenn. Comp. R. & Regs. 0520-15-01-.08 COPIES OF RECORDS

(1) Copies will be available for pickup at the State Board’s offices during regular business hours.

(2) Upon payment for costs of postage, copies will be delivered to the Requestor’s home address by the U.S. Postal Service.

(3) A Requestor will not be allowed to make copies of records with personal equipment.

However, a Requestor may use a personal camera to take a photograph of a record.

(4) If the State Board maintains the requested record(s) in an electronic format, copies of the requested record(s) may be provided to the Requestor in an electronic format as follows:

(a) The records may be downloaded to a flash drive (or equivalent storage device) provided by the State Board. The Requestor shall be charged for the flash drive (or equivalent storage device) at the current cost to the State Board. Downloading to a flash drive (or equivalent storage device) provided by the Requestor shall not be permitted.

(b) If the requested record exists in an electronic format that may be transmitted by email, the records may be sent via email.

(5) The Records Custodian shall respond to a request for copies in the most economic and efficient manner practicable.

History

Authority: T.C.A. § 10-7-503.
Administrative History: Original rules filed June 25, 2019; effective September 23, 2019. Amendments filed December 23, 2019; effective March 22, 2020. Amendments filed July 24, 2024; effective October 22, 2024.

Tenn. Comp. R. & Regs. 0520-15-01-.09 FEES AND CHARGES

(1) Prior to producing copies of records, the Records Custodian shall provide the Requestor with an estimate of the charges (itemized by per page costs, labor, and other) to be assessed, and may require pre-payment of such charges before producing requested records. If the time required to identify, locate, redact (if applicable), and download or transmit records maintained electronically via methods set forth in Section .08 of this Chapter exceeds the labor threshold identified in paragraph (3) below, the production of the records shall be subject to the same labor charge identified in paragraph (3) below.

(2) When fees for copies and labor do not exceed $10.00, the fees shall be waived. Requests for waivers for fees above $10.00 must be presented to the PRRC, who is authorized to determine if such waiver is in the best interest of the State Board and for the public good.

(3) Fees and charges for copies are as follows, but no more than the safe harbor amount authorized by the OORC Schedule of Reasonable Charges, unless a higher charge can be documented:

(a) $0.15 cents per page for letter and legal-sized black and white copies;

(b) $0.50 cents per page for letter and legal-sized color copies.

(c) Labor will be charged when time exceeds two (2) hours and shall be calculated according to the OORC Schedule of Reasonable Charges.

(d) If an outside vendor is used, the actual costs assessed by the vendor.

(e) Other charges shall be in accordance with the OORC Schedule of Reasonable Charges.

(4) Payment is to be made in cash, money order, or personal check payable to the Tennessee State Board of Education.

(5) Payment in advance will be required when costs are estimated to exceed $100.00.

History

Authority: T.C.A. § 10-7-503.
Administrative History: Original rules filed June 25, 2019; effective September 23, 2019. Amendments filed July 24, 2024; effective October 22, 2024.

Tenn. Comp. R. & Regs. 0520-15-01-.10 AGGREGATION OF FREQUENT AND MULTIPLE REQUESTS

(1) The State Board will aggregate record requests for the purpose of calculating charges for copies of public records in accordance with the Reasonable Charges for Frequent and Multiple Request Policy promulgated by the OORC when more than four (4) requests are received within a calendar month, either from a single individual or a group of individuals deemed working in concert.

(2) If it is determined that records requests submitted to the State Board will be aggregated:

(a) Records requests will be aggregated at the agency level.

(b) The PRRC is responsible for making the determination that a group of individuals are working in concert. The PRRC or the Records Custodian must inform the individuals that they have been deemed to be working in concert and that they have the right to appeal the decision to the OORC.

History

Authority: T.C.A. § 10-7-503.
Administrative History: Original rules filed June 25, 2019; effective September 23, 2019. Amendments filed July 24, 2024; effective October 22, 2024.

Chapter 0520-16-01 Public Records Requests

Tenn. Comp. R. & Regs. 0520-16-01-.01 PUBLIC RECORDS REQUESTS GENERALLY

(1) In accordance with the Tennessee Public Records Act (TPRA), T.C.A. § 10-7-503, all state, county, and municipal records shall, at all times during business hours, be open for personal inspection by any citizen of this state, and those in charge of the records shall not refuse such right of inspection to any citizen, unless otherwise provided by state law. Accordingly, the public records of the Tennessee Commission on Education Recovery and Innovation (Commission) are presumed to be open for inspection unless an exemption is otherwise provided by law.

(2) Pursuant to T.C.A. § 49-1-107(f), the State Board of Education (State Board) staff shall assist the Commission in providing access and assistance in a timely and efficient manner to persons requesting access to public records. No provisions of this chapter shall be used to hinder access to open public records. However, the integrity and organization of public records, as well as the efficient and safe operation of the Commission shall be protected as provided by current law. Concerns about the provisions or enforcement of this rule should be addressed to the Commission’s Public Records Request Coordinator or to the Tennessee Office of Open Records Counsel (OORC).

(3) State Board personnel will respond promptly to public record requests upon proof of Tennessee citizenship by presentation of a validly issued Tennessee driver’s license or Tennessee-issued identification.

History

Authority: T.C.A. §§ 10-7-503 and 49-1-107(f).
Administrative History: New rules filed May 25, 2021; effective August 23, 2021.

Tenn. Comp. R. & Regs. 0520-16-01-.02 DEFINITIONS

(1) “Public records” means all documents, papers, letters, maps, books, photographs, microfilms, electronic data processing files and output, films, sound recordings, or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business by any governmental agency. Public records do not include the device or equipment, including, but not limited to, a cell phone, computer, or other electronic or mechanical device or equipment, that may have been used to create or store a public record or state record.

(2) “Public records request coordinator (PRRC)” means the individual, or individuals, identified in this rule who has, or have, the responsibility to ensure public record requests are routed to the August, 2021 2 appropriate records custodian and are fulfilled in accordance with the TPRA. The public records request coordinator may also be a records custodian.

(3) “Records custodian” means the office, official or employee lawfully responsible for the direct custody and care of a public record. The records custodian is not necessarily the original preparer or receiver of the record.

(4) “Redacted record” means a public record otherwise open for public inspection from which protected or confidential information is removed or obscured prior to release or inspection.

(5) “Requestor” means a Tennessee citizen requesting access to a public record, whether for inspection or duplication.

History

Authority: T.C.A. § 10-7-503.
Administrative History: New rules filed May 25, 2021; effective August 23, 2021.

Tenn. Comp. R. & Regs. 0520-16-01-.03 MAKING PUBLIC RECORDS REQUESTS

(1) All public record requests shall be made to the PRRC in order to ensure public record requests made pursuant to the TPRA are routed to the appropriate records custodian and fulfilled in a timely manner.

(a) Requests for inspection shall be made orally or in writing addressed as follows:

Tennessee Commission on Education Recovery and Innovation c/o Tennessee State Board of Education Attn: General Counsel Davy Crockett Tower, 5th Floor 500 James Robertson Pkwy Nashville, TN 37243 615-741-2966 (phone) 615-741-0371 (fax)

Angela.C.Sanders@tn.gov (2)

Requests for copies or requests for inspection and copies shall be made in writing via fax, email, mail, or hand delivery using the contact information in paragraph (1)(a) above.

History

Authority: T.C.A. § 10-7-503.
Administrative History: New rules filed May 25, 2021; effective August 23, 2021.

Tenn. Comp. R. & Regs. 0520-16-01-.04 RESPONDING TO PUBLIC RECORDS REQUESTS

(1) The PRRC shall review public record requests and make an initial determination of the following:

(a) If the requestor has provided evidence of Tennessee citizenship;

(b) If the records requested are described with sufficient specificity to identify them; and (c) If the Commission is the custodian of the records requested.

(2) The PRRC shall acknowledge receipt of the request and take any of the following action(s), as appropriate:

(a) Advise the requestor of these rules and the elections made by the Commission regarding:

August, 2021 3 1. Proof of Tennessee citizenship;

Fees (and labor threshold and waivers if applicable);
Aggregation of multiple or frequent requests.

(b) Deny the request in writing if an appropriate ground applies, including the basis for the denial, using the Public Records Request Response Form developed by the OORC.

Appropriate grounds for denial include, but are not limited to, the following:

Requestor is not, or has not presented evidence of being, a Tennessee citizen;
Request lacks specificity;
Exemption makes the record not subject to disclosure under the TPRA;
The Commission is not the custodian of the requested records;
The records do not exist.

(d) Forward the records request to the appropriate records custodian and advise the requestor of such action.

(e) If the records are in the custody of a different governmental entity, and the PRRC knows the correct governmental entity, advise the requestor of the correct entity and PRRC for that entity, if known.

(3) The designated PRRC(s) for the Commission is the General Counsel of the State Board and, in the absence of the General Counsel, the State Board’s Director of Legislative and External Affairs. Contact information is available on the Commission’s website.

History

Authority: T.C.A. § 10-7-503.
Administrative History: New rules filed May 25, 2021; effective August 23, 2021.

Tenn. Comp. R. & Regs. 0520-16-01-.05 RECORDS CUSTODIAN

(1) Upon receiving a public records request, the records custodian shall make requested open public records available as promptly as practicable in accordance with T.C.A. § 10-7-503.

(2) If it is not practicable for the records custodian to promptly provide requested records because additional time is necessary to determine whether the requested records exist, to gain access to records, to determine whether the records are open, to redact records, or for other similar reasons, then the records custodian shall notify the PRRC who shall, within seven (7) business days from the records custodian’s receipt of the request, send the requestor a completed Public Records Request Response Form developed by the OORC stating the time reasonably necessary to produce the record or information.

(3) If the records custodian determines that a public record request should be denied, he or she shall notify the PRRC, who shall deny the request in writing using the Public Records Request Response Form developed by the OORC and provide the ground(s) for denial in writing, including, but not limited to the following:

(a) Requestor is not, or has not presented evidence of being, a Tennessee citizen;

August, 2021 4 (b) Request lacks specificity;

(d) The Commission is not the custodian of the requested records; or (e) The records do not exist.

(4) If the records relate to another governmental entity and the PRRC is aware of the correct governmental entity, the PRRC shall advise the requestor of the correct governmental entity and PRRC for that entity, if known.

(5) If the records custodian reasonably determines production of records should be segmented because the records request is for a large volume of records or additional time is necessary to prepare the records for access, the records custodian shall notify the requestor that production of the records will be in segments and that a records production schedule will be provided as expeditiously as practicable. If appropriate, the records custodian should contact the requestor to see if the request can be narrowed.

(6) If the records custodian discovers records responsive to a records request were omitted, the records custodian shall promptly contact the requestor concerning the omission and produce the records as quickly as practicable.

History

Authority: T.C.A. § 10-7-503.
Administrative History: New rules filed May 25, 2021; effective August 23, 2021.

Tenn. Comp. R. & Regs. 0520-16-01-.06 REDACTION

(1) If a record contains confidential information or information that is not open for public inspection, the records custodian shall prepare a redacted copy prior to providing access. The records custodian shall coordinate with General Counsel of the State Board for review and redaction of records. The records custodian and the PRRC may also consult with the OORC.

(2) Whenever a redacted record is provided, the records custodian shall provide the requestor with the basis for redaction. The basis given for redaction shall not disclose confidential information.

A records custodian is not required to produce a privilege log.

History

Authority: T.C.A. § 10-7-503.
Administrative History: New rules filed May 25, 2021; effective August 23, 2021.

Tenn. Comp. R. & Regs. 0520-16-01-.07 INSPECTION OF RECORDS

(1) There is no charge for inspection of open public records.

(2) The location for inspection of records within the offices of the State Board shall be specified by the records custodian or PRRC.

(3) A records custodian or PRRC may require an appointment for inspection or may require inspection of records at an alternate location under reasonable circumstances.

History

Authority: T.C.A. § 10-7-503.
Administrative History: New rules filed May 25, 2021; effective August 23, 2021. August, 2021 5

Tenn. Comp. R. & Regs. 0520-16-01-.08 COPIES OF RECORDS

(1) Copies will be available for pickup at the State Board’s office during regular business hours.

(2) Upon payment for costs of postage, copies will be delivered to the requestor’s home address by U.S. Postal Service.

(3) A requestor will not be allowed to make copies of records with personal equipment. However, a requestor may use a personal camera to take a photograph of a record. If copies are to be downloaded to a storage device, the requestor shall supply their own storage device or the records custodian may charge the actual out-of-pocket costs for storage devices on which electronic copies are provided.

(4) The records custodian shall respond to a public record request for copies in the most economic and efficient manner practicable.

History

Authority: T.C.A. § 10-7-503.
Administrative History: New rules filed May 25, 2021; effective August 23, 2021.

Tenn. Comp. R. & Regs. 0520-16-01-.09 FEES AND CHARGES

(1) Prior to producing copies of records, the records custodian shall provide requestors with an estimate of the charges (itemized by per page costs, labor, and other) to be assessed, and may require pre-payment of such charges before producing requested records.

(2) When fees for copies and labor do not exceed $10.00, the fees may be waived. Requests for waivers for fees above $10.00 must be presented to the PRRC, who is authorized to determine if such waiver is in the best interest of the Commission and for the public good.

(3) Fees and charges for copies are as follows, but no more than the safe harbor amount authorized by the OORC Schedule of Reasonable Charges, unless a higher charge can be documented:

(a) $0.15 cents per page for letter and legal-sized black and white copies;

(b) $0.50 cents per page for letter and legal-sized color copies.

(d) If an outside vendor is used, the actual costs assessed by the vendor.

(e) Other charges shall be in accordance with the OORC Schedule of Reasonable Charges.

(4) Payment is to be made in cash, money order, or personal check payable to the Commission and presented to the State Board General Counsel.

(5) Payment in advance will be required when costs are estimated to exceed $100.00.

History

Authority: T.C.A. § 10-7-503.
Administrative History: New rules filed May 25, 2021; effective August 23, 2021.

Tenn. Comp. R. & Regs. 0520-16-01-.10 AGGREGATION OF FREQUENT AND MULTIPLE REQUESTS

(1) The Commission will aggregate record requests for the purpose of calculating charges for copies or duplicates of public records in accordance with the Reasonable Charges for Frequent and Multiple Request Policy promulgated by the OORC when more than four (4) requests are August, 2021 6 received within a calendar month, either from a single individual or a group of individuals deemed working in concert.

(2) If it is determined that records requests submitted to the Commission will be aggregated:

(a) Records requests will be aggregated at the agency level.

(b) The PRRC is responsible for making the determination that a group of individuals are working in concert. The PRRC or the records custodian must inform the individuals that they have been deemed to be working in concert and that they have the right to appeal the decision to the OORC.

History

Authority: T.C.A. § 10-7-503.
Administrative History: New rules filed May 25, 2021; effective August 23, 2021.

Chapter 0520-20-01 Repealed

Tenn. Comp. R. & Regs. 0520-20-01 Repealed

RULES

OF THE STATE BOARD OF EDUCATION

Authority: T.C.A. §§49-1-302 and 49-1-302(a)(8). Administrative History: Original rule filed June 5, 1990; effective September 26, 1990. Repeal filed August 31, 1999; effective December 29, 1999.