1 | 1 | | |
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2 | 2 | | <BillNo> <Sponsor> |
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3 | 3 | | |
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4 | 4 | | SENATE BILL 1272 |
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5 | 5 | | By Johnson |
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6 | 6 | | |
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7 | 7 | | |
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8 | 8 | | SB1272 |
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9 | 9 | | 002818 |
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10 | 10 | | - 1 - |
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11 | 11 | | |
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12 | 12 | | AN ACT, to amend Tennessee Code Annotated, Title 8, |
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13 | 13 | | Chapter 50, Part 8; Title 49, Chapter 1, Part 6; |
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14 | 14 | | Title 49, Chapter 1, Part 9; Title 49, Chapter 10, |
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15 | 15 | | Part 14; Title 49, Chapter 16, Part 2; Title 49, |
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16 | 16 | | Chapter 18, Part 1; Title 49, Chapter 2, Part 1; |
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17 | 17 | | Title 49, Chapter 3, Part 1; Title 49, Chapter 3, |
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18 | 18 | | Part 3; Title 49, Chapter 6, Part 10; Title 49, |
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19 | 19 | | Chapter 6, Part 30; Title 49, Chapter 6, Part 31; |
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20 | 20 | | Title 49, Chapter 6, Part 41; Title 49, Chapter 6, |
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21 | 21 | | Part 50; Title 49, Chapter 1, Part 2 and Chapter |
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22 | 22 | | 1005 of the Public Acts of 2024, relative to |
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23 | 23 | | education. |
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24 | 24 | | |
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25 | 25 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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26 | 26 | | SECTION 1. Tennessee Code Annotated, Section 8-50-814(a)(2), is amended by |
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27 | 27 | | deleting the subdivision and substituting instead: |
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28 | 28 | | (2) "Eligible employee" means a teacher, principal, supervisor, or other individual |
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29 | 29 | | required by law to hold a valid license of qualification for employment in the public |
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30 | 30 | | schools of this state and who meets the following requirements: |
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31 | 31 | | (A) Has a valid license of qualification, or an emergency credential |
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32 | 32 | | issued by the department of education pursuant to § 49-5-106, required for the |
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33 | 33 | | position the employee holds; |
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34 | 34 | | (B) Has been employed full time with the same local education agency or |
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35 | 35 | | public charter school for at least twelve (12) consecutive months in a position for |
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36 | 36 | | which the employee is required by law to hold a valid license of qualification, or |
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37 | 37 | | an emergency credential issued by the department of education pursuant to § |
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38 | 38 | | 49-5-106, at the time of the birth, adoption, or stillbirth of the employee's child; |
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39 | 39 | | and |
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40 | 40 | | |
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41 | 41 | | |
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42 | 42 | | - 2 - 002818 |
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43 | 43 | | |
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44 | 44 | | (C) Has held a valid license of qualification or an emergency credential |
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45 | 45 | | issued by the department of education pursuant to § 49-5-106, for the entire |
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46 | 46 | | twelve (12) consecutive months of employment with the local education agency |
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47 | 47 | | or public charter school. |
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48 | 48 | | SECTION 2. Tennessee Code Annotated, Section 8-50-814(d)(2), is amended by |
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49 | 49 | | deleting the subdivision and substituting instead: |
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50 | 50 | | (2) The six (6) work weeks of paid leave granted pursuant to this section do not |
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51 | 51 | | need to be taken consecutively; provided, that the paid leave granted pursuant to this |
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52 | 52 | | section is used in increments of no less than one (1) week and is used within twelve (12) |
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53 | 53 | | months of the birth or stillbirth of the employee's child or the employee's adoption of a |
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54 | 54 | | newly placed minor child. |
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55 | 55 | | SECTION 3. Tennessee Code Annotated, Section 49-1-201(c)(11), is amended by |
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56 | 56 | | deleting the subdivision and substituting instead: |
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57 | 57 | | (11) Upon request of the comptroller of the treasury, report the average daily |
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58 | 58 | | membership of the preceding year, as determined and taken from the daily membership |
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59 | 59 | | reports of the teachers and other officers of the various cities and counties, and the |
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60 | 60 | | school census, as determined by the scholastic census enumeration; |
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61 | 61 | | SECTION 4. Section 5 of Chapter 1005 of the Public Acts of 2024, is amended by |
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62 | 62 | | deleting the amendatory language and substituting instead: |
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63 | 63 | | (i) Notwithstanding subsection (a), student achievement, student growth, or any |
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64 | 64 | | other student data that serves as an indicator of performance for a student who enrolls |
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65 | 65 | | in, or transfers to, a public school for less than fifty percent (50%) of the school year |
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66 | 66 | | must not be used to assign a letter grade to the receiving school for purposes of this |
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67 | 67 | | section. The data described in this subsection (i) may be used to assign a letter grade to |
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68 | 68 | | |
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69 | 69 | | |
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70 | 70 | | - 3 - 002818 |
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71 | 71 | | |
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72 | 72 | | the school in which the student was enrolled for fifty percent (50%) or more of the |
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73 | 73 | | respective school year. |
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74 | 74 | | SECTION 5. Tennessee Code Annotated, Section 49-1-225(f), is amended by deleting |
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75 | 75 | | the language "By July 1, 2025, and by each July 1 thereafter" and substituting instead "By |
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76 | 76 | | February 1, 2026, and by each February 1 thereafter". |
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77 | 77 | | SECTION 6. Section 6 of Chapter 1005 of the Public Acts of 2024, is amended by |
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78 | 78 | | deleting the amendatory language and substituting instead: |
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79 | 79 | | (f) Notwithstanding another law to the contrary, the state board of education |
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80 | 80 | | shall not include in the performance goals and measures for a public school or LEA, the |
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81 | 81 | | student achievement, student growth, or any other student data that serves as an |
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82 | 82 | | indicator of performance for a student who enrolls in, or transfers to, the public school or |
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83 | 83 | | LEA for less than fifty percent (50%) of the school year. The data described in this |
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84 | 84 | | subsection (f) may be included in the performance goals and measures for the public |
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85 | 85 | | school or LEA in which the student was enrolled for fifty percent (50%) or more of the |
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86 | 86 | | respective school year, if applicable. |
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87 | 87 | | SECTION 7. Tennessee Code Annotated, Section 49-1-907, is amended by deleting the |
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88 | 88 | | section. |
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89 | 89 | | SECTION 8. Tennessee Code Annotated, Section 49-2-136, is amended by deleting |
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90 | 90 | | subsection (b). |
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91 | 91 | | SECTION 9. Tennessee Code Annotated, Section 49-3-108, is amended by deleting |
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92 | 92 | | subsection (c) and substituting: |
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93 | 93 | | (c) |
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94 | 94 | | (1) An LEA's allocated education funding must not decrease more than |
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95 | 95 | | five percent (5%) from one (1) year to the next year. If an LEA's TISA allocation |
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96 | 96 | | decreases by more than five percent (5%) from the LEA's TISA allocation for the |
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97 | 97 | | |
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98 | 98 | | |
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99 | 99 | | - 4 - 002818 |
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100 | 100 | | |
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101 | 101 | | prior school year, then the department shall allocate additional funds to the LEA |
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102 | 102 | | in an amount such that the decrease in the LEA's TISA allocation for the current |
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103 | 103 | | year is only five percent (5%), except that the department shall not allocate |
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104 | 104 | | additional funds to an LEA pursuant to this subsection (c) if the department is |
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105 | 105 | | required to allocate additional funds to the LEA pursuant to subsection (b). |
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106 | 106 | | (2) Beginning with allocations for the 2025-2026 school year, for |
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107 | 107 | | purposes of implementing subdivision (c)(1), the department shall determine |
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108 | 108 | | whether an LEA is eligible for additional funds pursuant to subdivision (c)(1) |
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109 | 109 | | based on funds generated by students in non-virtual schools only. |
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110 | 110 | | SECTION 10. Tennessee Code Annotated, Section 49-3-359(c)(2), is amended by |
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111 | 111 | | deleting "June 1" and substituting "July 31". |
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112 | 112 | | SECTION 11. Tennessee Code Annotated, Section 49-3-359(d), is amended by |
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113 | 113 | | deleting the language "BEP" and substituting instead "TISA". |
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114 | 114 | | SECTION 12. Tennessee Code Annotated, Section 49-6-1012(g), is amended by |
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115 | 115 | | deleting the subsection and substituting instead: |
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116 | 116 | | (g) Upon request of the education committee of the senate and the committee of |
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117 | 117 | | house of representatives having jurisdiction over academic acceleration, the department |
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118 | 118 | | of education shall submit a report to the requesting committee on the implementation of |
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119 | 119 | | this section. |
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120 | 120 | | SECTION 13. Tennessee Code Annotated, Section 49-6-3004(e), is amended by |
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121 | 121 | | deleting the subsection and substituting instead: |
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122 | 122 | | (e) |
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123 | 123 | | (1) A local board of education, private school, or church-related school |
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124 | 124 | | that exceeds the full six and one-half (6 1/2) hours instructional time required by |
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125 | 125 | | law by one-half (1/2) hour daily for the full academic year must be credited with |
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126 | 126 | | |
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127 | 127 | | |
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128 | 128 | | - 5 - 002818 |
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129 | 129 | | |
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130 | 130 | | the additional instructional time. The excess instructional time may be |
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131 | 131 | | accumulated in amounts up to, but not exceeding, thirteen (13) instructional days |
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132 | 132 | | each year, referred to as "stockpile days". Stockpile days may only be applied |
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133 | 133 | | toward meeting instructional time requirements missed due to: |
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134 | 134 | | (A) Dangerous or extreme weather conditions; |
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135 | 135 | | (B) Serious outbreaks of illness affecting or endangering students |
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136 | 136 | | or staff; |
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137 | 137 | | (C) Natural disaster or dangerous structural or environmental |
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138 | 138 | | conditions rendering a school unsafe for use; |
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139 | 139 | | (D) School-wide or district-wide instructional planning meetings, |
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140 | 140 | | parent-teacher conferences, or other similar meetings; or |
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141 | 141 | | (E) Faculty professional development that is in compliance with |
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142 | 142 | | state law and the rules and policies established by the state board of |
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143 | 143 | | education. |
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144 | 144 | | (2) Stockpile days may only be used in whole day (six and one-half (6 |
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145 | 145 | | 1/2) hours); half (1/2) day; or one-third (1/3) day increments. |
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146 | 146 | | (3) A local board of education, private school, or church-related school |
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147 | 147 | | shall maintain documentation of the purpose for each stockpile day used as |
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148 | 148 | | required by the department of education, including reasons for school closures |
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149 | 149 | | and agendas for professional development for audit purposes. |
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150 | 150 | | (4) An unused accumulated stockpile day must not be used for the |
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151 | 151 | | purpose of ending the school year early and cannot be carried over from one (1) |
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152 | 152 | | school year to the next. |
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153 | 153 | | SECTION 14. Tennessee Code Annotated, Section 49-6-3004(i)(1), is amended by |
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154 | 154 | | deleting the language "two (2) days" and substituting instead "five (5) days". |
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155 | 155 | | |
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156 | 156 | | |
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157 | 157 | | - 6 - 002818 |
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158 | 158 | | |
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159 | 159 | | SECTION 15. Tennessee Code Annotated, Section 49-6-3004(i)(7)(A), is amended by |
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160 | 160 | | deleting the subdivision and substituting: |
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161 | 161 | | (A) When possible and safe, as determined by the LEA, make school meals |
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162 | 162 | | available to students in accordance with the school nutrition program requirements on |
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163 | 163 | | days that remote instruction is provided pursuant to this subsection (i); and |
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164 | 164 | | SECTION 16. Tennessee Code Annotated, Section 49-6-3115, is amended by deleting |
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165 | 165 | | subdivision (f)(2) and substituting: |
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166 | 166 | | (2) Subject to appropriation, the department may use funds to administer a grant |
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167 | 167 | | program to assist LEAs and public charter schools in providing academic tutoring |
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168 | 168 | | supports to students. |
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169 | 169 | | SECTION 17. Tennessee Code Annotated, Section 49-6-4108(a), is amended by |
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170 | 170 | | deleting the first sentence of the subsection and substituting: |
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171 | 171 | | Upon the request of the department of education, each LEA shall submit a report |
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172 | 172 | | to the department detailing the LEA's use of corporal punishment. |
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173 | 173 | | SECTION 18. Tennessee Code Annotated, Section 49-6-4108(c), is amended by |
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174 | 174 | | deleting the subsection. |
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175 | 175 | | SECTION 19. Tennessee Code Annotated, Section 49-6-5001(c), is amended by |
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176 | 176 | | adding the following as a new subdivision: |
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177 | 177 | | (4) A child in the custody of this state must not be denied admission to any |
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178 | 178 | | school or school facility if the child has not been immunized or is unable to produce |
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179 | 179 | | immunization records due to being in the custody of this state. The enrolling school shall |
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180 | 180 | | comply with all federal laws pertaining to the educational rights of children in state |
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181 | 181 | | custody, including, but not limited to, 20 U.S.C. § 6311(g)(1)(E). |
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182 | 182 | | SECTION 20. Tennessee Code Annotated, Section 49-10-1405, is amended by deleting |
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183 | 183 | | subdivision (a)(1) and substituting: |
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184 | 184 | | |
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185 | 185 | | |
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186 | 186 | | - 7 - 002818 |
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187 | 187 | | |
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188 | 188 | | (1) Remit funds to a participating student's IEA on at least a quarterly basis. Any |
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189 | 189 | | funds awarded under this part are the entitlement of only the eligible student under the |
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190 | 190 | | supervision of the student's parent. The maximum annual amount to which an eligible |
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191 | 191 | | student is entitled under this part is equal to the amount representing the base funding |
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192 | 192 | | allocation and the average special education funds generated by students with |
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193 | 193 | | disabilities under the Tennessee investment in student achievement formula for the LEA |
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194 | 194 | | in which the student's enrollment is reported for purposes of this part; provided, that if a |
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195 | 195 | | participating student participated in the program in the 2024-2025 school year, then that |
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196 | 196 | | participating student must not receive an annual amount in the 2025-2026 school year or |
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197 | 197 | | a subsequent school year that is less than the annual amount the participating student |
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198 | 198 | | received in the 2024-2025 school year. For purposes of funding calculations under this |
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199 | 199 | | subdivision (a)(1), each participating student must be counted in the enrollment figures |
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200 | 200 | | for the LEA in which the student resides and is zoned to attend. The IEA funds must be |
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201 | 201 | | subtracted from the state funds otherwise payable to the LEA; |
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202 | 202 | | SECTION 21. Tennessee Code Annotated, Section 49-10-1402(3)(A), is amended by |
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203 | 203 | | adding the following as a new subdivision: |
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204 | 204 | | (xi) Deafness; |
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205 | 205 | | SECTION 22. Tennessee Code Annotated, Section 49-16-211, is amended by deleting |
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206 | 206 | | subsection (b) and substituting instead: |
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207 | 207 | | (b) Total enrollment in all public virtual schools established by an LEA must not |
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208 | 208 | | exceed one thousand five hundred (1,500) students; however, an LEA with a public |
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209 | 209 | | virtual school in operation as of January 1, 2025, may use the total number of students |
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210 | 210 | | who were enrolled in the LEA's public virtual schools as of the 2024-2025 school year as |
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211 | 211 | | the LEA's enrollment cap. Beginning in the 2025-2026 school year, if each public virtual |
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212 | 212 | | school in the LEA demonstrates student achievement growth at a minimum level of "at |
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213 | 213 | | |
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214 | 214 | | |
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215 | 215 | | - 8 - 002818 |
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216 | 216 | | |
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217 | 217 | | expectations," as represented by the Tennessee Value-Added Assessment System |
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218 | 218 | | developed pursuant to chapter 1, part 6 of this title and guidelines adopted by the state |
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219 | 219 | | board of education pursuant to chapter 1, part 3 of this title, then the public virtual |
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220 | 220 | | schools in the LEA may exceed the enrollment cap established for the LEA pursuant to |
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221 | 221 | | this section. |
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222 | 222 | | SECTION 23. Tennessee Code Annotated, Section 49-18-109, is amended by deleting |
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223 | 223 | | the section. |
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224 | 224 | | SECTION 24. This act takes effect upon becoming a law, the public welfare requiring it. |
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