4 | 4 | | |
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5 | 5 | | HOUSE BILL 25 |
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6 | 6 | | By Cepicky |
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7 | 7 | | |
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8 | 8 | | |
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9 | 9 | | HB0025 |
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10 | 10 | | 000159 |
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11 | 11 | | - 1 - |
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12 | 12 | | |
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13 | 13 | | AN ACT to amend Tennessee Code Annotated, Title 49, |
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14 | 14 | | relative to interscholastic athletics. |
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15 | 15 | | |
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16 | 16 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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17 | 17 | | SECTION 1. Tennessee Code Annotated, Title 49, Chapter 2, is amended by adding |
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18 | 18 | | the following as a new part: |
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19 | 19 | | 49-2-901. |
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20 | 20 | | A public school shall not use public funds to join, become members of, or |
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21 | 21 | | maintain membership in an association that regulates interscholastic athletics if the |
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22 | 22 | | association prohibits a student from participating in an interscholastic athletic |
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23 | 23 | | competition due to the student transferring no more than once from a school at which the |
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24 | 24 | | student previously participated in an interscholastic athletic competition regulated by the |
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25 | 25 | | association. For purposes of this section, a transfer does not include completion of the |
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26 | 26 | | highest grade at the school. |
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27 | 27 | | 49-2-902. |
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28 | 28 | | (a) Public schools, including public charter schools, shall not use public funds to |
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29 | 29 | | join, become members of, or maintain membership in an association that regulates |
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30 | 30 | | interscholastic athletics unless the association's governing board voluntarily complies |
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31 | 31 | | with the open meetings laws, compiled in title 8, chapter 44, part 1. |
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32 | 32 | | (b) Notwithstanding subsection (a), an association that regulates interscholastic |
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33 | 33 | | athletics may conduct a closed meeting, or close a portion of an otherwise open |
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34 | 34 | | meeting, if confidential information protected by the Family Educational Rights and |
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35 | 35 | | Privacy Act (20 U.S.C. § 1232g), § 10-7-504, or any other relevant privacy law or |
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36 | 36 | | |
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37 | 37 | | |
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38 | 38 | | - 2 - 000159 |
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39 | 39 | | |
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40 | 40 | | privilege, must be discussed. No other business, other than the business to which the |
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41 | 41 | | confidential information relates, shall be addressed during such a closed meeting. |
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42 | 42 | | 49-2-903. |
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43 | 43 | | (a) |
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44 | 44 | | (1) If a student is placed in foster care, as defined in § 37-1-102(b)(17), |
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45 | 45 | | and the student seeks to participate in interscholastic athletics, then the public |
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46 | 46 | | school or public charter school in which the student is enrolled shall notify an |
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47 | 47 | | association that regulates interscholastic athletics of the student's placement in |
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48 | 48 | | foster care, if failure to notify the association of the student's placement may |
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49 | 49 | | result in the student being deemed ineligible to participate in athletics for any |
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50 | 50 | | period of time. |
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51 | 51 | | (2) Notwithstanding subdivision (a)(1), a public school or public charter |
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52 | 52 | | school shall not notify an association that regulates interscholastic athletics of a |
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53 | 53 | | student's placement in foster care unless the school first obtains written consent |
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54 | 54 | | from the student's parent or legal guardian, or from the student if the student is |
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55 | 55 | | eighteen (18) years of age or older, prior to making the notification. |
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56 | 56 | | (3) A notification made pursuant to this subsection (a) must be made in |
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57 | 57 | | accordance with state law, the federal Family Educational Rights and Privacy Act |
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58 | 58 | | (FERPA) (20 U.S.C. § 1232g), and other relevant privacy laws. |
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59 | 59 | | (b) |
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60 | 60 | | (1) By January 1, 2022, and by January 1 of each year thereafter, each |
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61 | 61 | | LEA and public charter school shall submit to the department of education |
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62 | 62 | | documentation of its compliance with this section in the manner prescribed by the |
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63 | 63 | | commissioner. |
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64 | 64 | | |
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65 | 65 | | |
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66 | 66 | | - 3 - 000159 |
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67 | 67 | | |
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68 | 68 | | (2) By January 31, 2022, and by January 31 each year thereafter, the |
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69 | 69 | | department shall submit a report to the education administration committee of the |
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70 | 70 | | house of representatives and the education committee of the senate |
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71 | 71 | | documenting each LEA's and public charter school's compliance with this |
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72 | 72 | | section. |
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73 | 73 | | 49-2-904. |
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74 | 74 | | Any voluntary association that establishes and enforces bylaws or rules for |
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75 | 75 | | interscholastic sports competition for public secondary schools in this state shall be |
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76 | 76 | | subject to an annual audit by the comptroller of the treasury. At the discretion of the |
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77 | 77 | | comptroller of the treasury, the audit may be prepared by a certified public accountant, a |
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78 | 78 | | public accountant, or by the department of audit. The comptroller of the treasury may |
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79 | 79 | | accept the association's own audit prepared by a certified public accountant that has |
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80 | 80 | | been filed with the secretary of state to satisfy the requirements of this section. If the |
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81 | 81 | | association fails or refuses to have the audit prepared, then the comptroller of the |
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82 | 82 | | treasury may appoint a certified public accountant or public accountant or direct the |
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83 | 83 | | department to prepare the audit. The association shall bear the full costs of any audit |
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84 | 84 | | prepared. |
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85 | 85 | | SECTION 2. Tennessee Code Annotated, Section 49-2-132, is amended by deleting the |
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86 | 86 | | section. |
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87 | 87 | | SECTION 3. Tennessee Code Annotated, Section 49-2-136, is amended by deleting the |
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88 | 88 | | section. |
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89 | 89 | | SECTION 4. Tennessee Code Annotated, Section 49-6-416, is amended by deleting the |
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90 | 90 | | section. |
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91 | 91 | | SECTION 5. This act takes effect July 1, 2025, the public welfare requiring it. |
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