Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB1272 Compare Versions

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44 SENATE BILL 1272
55 By Johnson
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88 SB1272
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1212 AN ACT, to amend Tennessee Code Annotated, Title 8,
1313 Chapter 50, Part 8; Title 49, Chapter 1, Part 6;
1414 Title 49, Chapter 1, Part 9; Title 49, Chapter 10,
1515 Part 14; Title 49, Chapter 16, Part 2; Title 49,
1616 Chapter 18, Part 1; Title 49, Chapter 2, Part 1;
1717 Title 49, Chapter 3, Part 1; Title 49, Chapter 3,
1818 Part 3; Title 49, Chapter 6, Part 10; Title 49,
1919 Chapter 6, Part 30; Title 49, Chapter 6, Part 31;
2020 Title 49, Chapter 6, Part 41; Title 49, Chapter 6,
2121 Part 50; Title 49, Chapter 1, Part 2 and Chapter
2222 1005 of the Public Acts of 2024, relative to
2323 education.
2424
2525 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
2626 SECTION 1. Tennessee Code Annotated, Section 8-50-814(a)(2), is amended by
2727 deleting the subdivision and substituting instead:
2828 (2) "Eligible employee" means a teacher, principal, supervisor, or other individual
2929 required by law to hold a valid license of qualification for employment in the public
3030 schools of this state and who meets the following requirements:
3131 (A) Has a valid license of qualification, or an emergency credential
3232 issued by the department of education pursuant to § 49-5-106, required for the
3333 position the employee holds;
3434 (B) Has been employed full time with the same local education agency or
3535 public charter school for at least twelve (12) consecutive months in a position for
3636 which the employee is required by law to hold a valid license of qualification, or
3737 an emergency credential issued by the department of education pursuant to §
3838 49-5-106, at the time of the birth, adoption, or stillbirth of the employee's child;
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4444 (C) Has held a valid license of qualification or an emergency credential
4545 issued by the department of education pursuant to § 49-5-106, for the entire
4646 twelve (12) consecutive months of employment with the local education agency
4747 or public charter school.
4848 SECTION 2. Tennessee Code Annotated, Section 8-50-814(d)(2), is amended by
4949 deleting the subdivision and substituting instead:
5050 (2) The six (6) work weeks of paid leave granted pursuant to this section do not
5151 need to be taken consecutively; provided, that the paid leave granted pursuant to this
5252 section is used in increments of no less than one (1) week and is used within twelve (12)
5353 months of the birth or stillbirth of the employee's child or the employee's adoption of a
5454 newly placed minor child.
5555 SECTION 3. Tennessee Code Annotated, Section 49-1-201(c)(11), is amended by
5656 deleting the subdivision and substituting instead:
5757 (11) Upon request of the comptroller of the treasury, report the average daily
5858 membership of the preceding year, as determined and taken from the daily membership
5959 reports of the teachers and other officers of the various cities and counties, and the
6060 school census, as determined by the scholastic census enumeration;
6161 SECTION 4. Section 5 of Chapter 1005 of the Public Acts of 2024, is amended by
6262 deleting the amendatory language and substituting instead:
6363 (i) Notwithstanding subsection (a), student achievement, student growth, or any
6464 other student data that serves as an indicator of performance for a student who enrolls
6565 in, or transfers to, a public school for less than fifty percent (50%) of the school year
6666 must not be used to assign a letter grade to the receiving school for purposes of this
6767 section. The data described in this subsection (i) may be used to assign a letter grade to
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7272 the school in which the student was enrolled for fifty percent (50%) or more of the
7373 respective school year.
7474 SECTION 5. Tennessee Code Annotated, Section 49-1-225(f), is amended by deleting
7575 the language "By July 1, 2025, and by each July 1 thereafter" and substituting instead "By
7676 February 1, 2026, and by each February 1 thereafter".
7777 SECTION 6. Section 6 of Chapter 1005 of the Public Acts of 2024, is amended by
7878 deleting the amendatory language and substituting instead:
7979 (f) Notwithstanding another law to the contrary, the state board of education
8080 shall not include in the performance goals and measures for a public school or LEA, the
8181 student achievement, student growth, or any other student data that serves as an
8282 indicator of performance for a student who enrolls in, or transfers to, the public school or
8383 LEA for less than fifty percent (50%) of the school year. The data described in this
8484 subsection (f) may be included in the performance goals and measures for the public
8585 school or LEA in which the student was enrolled for fifty percent (50%) or more of the
8686 respective school year, if applicable.
8787 SECTION 7. Tennessee Code Annotated, Section 49-1-907, is amended by deleting the
8888 section.
8989 SECTION 8. Tennessee Code Annotated, Section 49-2-136, is amended by deleting
9090 subsection (b).
9191 SECTION 9. Tennessee Code Annotated, Section 49-3-108, is amended by deleting
9292 subsection (c) and substituting:
9393 (c)
9494 (1) An LEA's allocated education funding must not decrease more than
9595 five percent (5%) from one (1) year to the next year. If an LEA's TISA allocation
9696 decreases by more than five percent (5%) from the LEA's TISA allocation for the
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101101 prior school year, then the department shall allocate additional funds to the LEA
102102 in an amount such that the decrease in the LEA's TISA allocation for the current
103103 year is only five percent (5%), except that the department shall not allocate
104104 additional funds to an LEA pursuant to this subsection (c) if the department is
105105 required to allocate additional funds to the LEA pursuant to subsection (b).
106106 (2) Beginning with allocations for the 2025-2026 school year, for
107107 purposes of implementing subdivision (c)(1), the department shall determine
108108 whether an LEA is eligible for additional funds pursuant to subdivision (c)(1)
109109 based on funds generated by students in non-virtual schools only.
110110 SECTION 10. Tennessee Code Annotated, Section 49-3-359(c)(2), is amended by
111111 deleting "June 1" and substituting "July 31".
112112 SECTION 11. Tennessee Code Annotated, Section 49-3-359(d), is amended by
113113 deleting the language "BEP" and substituting instead "TISA".
114114 SECTION 12. Tennessee Code Annotated, Section 49-6-1012(g), is amended by
115115 deleting the subsection and substituting instead:
116116 (g) Upon request of the education committee of the senate and the committee of
117117 house of representatives having jurisdiction over academic acceleration, the department
118118 of education shall submit a report to the requesting committee on the implementation of
119119 this section.
120120 SECTION 13. Tennessee Code Annotated, Section 49-6-3004(e), is amended by
121121 deleting the subsection and substituting instead:
122122 (e)
123123 (1) A local board of education, private school, or church-related school
124124 that exceeds the full six and one-half (6 1/2) hours instructional time required by
125125 law by one-half (1/2) hour daily for the full academic year must be credited with
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130130 the additional instructional time. The excess instructional time may be
131131 accumulated in amounts up to, but not exceeding, thirteen (13) instructional days
132132 each year, referred to as "stockpile days". Stockpile days may only be applied
133133 toward meeting instructional time requirements missed due to:
134134 (A) Dangerous or extreme weather conditions;
135135 (B) Serious outbreaks of illness affecting or endangering students
136136 or staff;
137137 (C) Natural disaster or dangerous structural or environmental
138138 conditions rendering a school unsafe for use;
139139 (D) School-wide or district-wide instructional planning meetings,
140140 parent-teacher conferences, or other similar meetings; or
141141 (E) Faculty professional development that is in compliance with
142142 state law and the rules and policies established by the state board of
143143 education.
144144 (2) Stockpile days may only be used in whole day (six and one-half (6
145145 1/2) hours); half (1/2) day; or one-third (1/3) day increments.
146146 (3) A local board of education, private school, or church-related school
147147 shall maintain documentation of the purpose for each stockpile day used as
148148 required by the department of education, including reasons for school closures
149149 and agendas for professional development for audit purposes.
150150 (4) An unused accumulated stockpile day must not be used for the
151151 purpose of ending the school year early and cannot be carried over from one (1)
152152 school year to the next.
153153 SECTION 14. Tennessee Code Annotated, Section 49-6-3004(i)(1), is amended by
154154 deleting the language "two (2) days" and substituting instead "five (5) days".
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159159 SECTION 15. Tennessee Code Annotated, Section 49-6-3004(i)(7)(A), is amended by
160160 deleting the subdivision and substituting:
161161 (A) When possible and safe, as determined by the LEA, make school meals
162162 available to students in accordance with the school nutrition program requirements on
163163 days that remote instruction is provided pursuant to this subsection (i); and
164164 SECTION 16. Tennessee Code Annotated, Section 49-6-3115, is amended by deleting
165165 subdivision (f)(2) and substituting:
166166 (2) Subject to appropriation, the department may use funds to administer a grant
167167 program to assist LEAs and public charter schools in providing academic tutoring
168168 supports to students.
169169 SECTION 17. Tennessee Code Annotated, Section 49-6-4108(a), is amended by
170170 deleting the first sentence of the subsection and substituting:
171171 Upon the request of the department of education, each LEA shall submit a report
172172 to the department detailing the LEA's use of corporal punishment.
173173 SECTION 18. Tennessee Code Annotated, Section 49-6-4108(c), is amended by
174174 deleting the subsection.
175175 SECTION 19. Tennessee Code Annotated, Section 49-6-5001(c), is amended by
176176 adding the following as a new subdivision:
177177 (4) A child in the custody of this state must not be denied admission to any
178178 school or school facility if the child has not been immunized or is unable to produce
179179 immunization records due to being in the custody of this state. The enrolling school shall
180180 comply with all federal laws pertaining to the educational rights of children in state
181181 custody, including, but not limited to, 20 U.S.C. § 6311(g)(1)(E).
182182 SECTION 20. Tennessee Code Annotated, Section 49-10-1405, is amended by deleting
183183 subdivision (a)(1) and substituting:
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188188 (1) Remit funds to a participating student's IEA on at least a quarterly basis. Any
189189 funds awarded under this part are the entitlement of only the eligible student under the
190190 supervision of the student's parent. The maximum annual amount to which an eligible
191191 student is entitled under this part is equal to the amount representing the base funding
192192 allocation and the average special education funds generated by students with
193193 disabilities under the Tennessee investment in student achievement formula for the LEA
194194 in which the student's enrollment is reported for purposes of this part; provided, that if a
195195 participating student participated in the program in the 2024-2025 school year, then that
196196 participating student must not receive an annual amount in the 2025-2026 school year or
197197 a subsequent school year that is less than the annual amount the participating student
198198 received in the 2024-2025 school year. For purposes of funding calculations under this
199199 subdivision (a)(1), each participating student must be counted in the enrollment figures
200200 for the LEA in which the student resides and is zoned to attend. The IEA funds must be
201201 subtracted from the state funds otherwise payable to the LEA;
202202 SECTION 21. Tennessee Code Annotated, Section 49-10-1402(3)(A), is amended by
203203 adding the following as a new subdivision:
204204 (xi) Deafness;
205205 SECTION 22. Tennessee Code Annotated, Section 49-16-211, is amended by deleting
206206 subsection (b) and substituting instead:
207207 (b) Total enrollment in all public virtual schools established by an LEA must not
208208 exceed one thousand five hundred (1,500) students; however, an LEA with a public
209209 virtual school in operation as of January 1, 2025, may use the total number of students
210210 who were enrolled in the LEA's public virtual schools as of the 2024-2025 school year as
211211 the LEA's enrollment cap. Beginning in the 2025-2026 school year, if each public virtual
212212 school in the LEA demonstrates student achievement growth at a minimum level of "at
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217217 expectations," as represented by the Tennessee Value-Added Assessment System
218218 developed pursuant to chapter 1, part 6 of this title and guidelines adopted by the state
219219 board of education pursuant to chapter 1, part 3 of this title, then the public virtual
220220 schools in the LEA may exceed the enrollment cap established for the LEA pursuant to
221221 this section.
222222 SECTION 23. Tennessee Code Annotated, Section 49-18-109, is amended by deleting
223223 the section.
224224 SECTION 24. This act takes effect upon becoming a law, the public welfare requiring it.