Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB1379 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	HOUSE BILL 1175
3	3	By Williams
4	4
5	5	SENATE BILL 1379
6	6	By Watson
7	7
8	8
9	9	SB1379
10	10	002869
11	11	- 1 -
12	12
13	13	AN ACT to amend Tennessee Code Annotated, Title 13;
14	14	Title 49; Title 68 and Title 71, relative to child care.
15	15
16	16	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
17	17	SECTION 1. Tennessee Code Annotated, Section 49-13-136(c), is amended by
18	18	deleting subdivisions (2)-(6) and substituting:
19	19	(2) An LEA in which one (1) or more public charter schools or child care
20	20	agencies operate shall submit a comprehensive listing of all underutilized property or
21	21	vacant property to the department of education and the comptroller of the treasury. The
22	22	department shall make an LEA's list available to a public charter school or child care
23	23	agency operating in the LEA or to a sponsor seeking to establish a public charter school
24	24	or child care agency in the LEA.
25	25	(3) A public charter school or child care agency may petition the comptroller of
26	26	the treasury for an audit of the list of all underutilized property or vacant property
27	27	submitted by the LEA in which the public charter school or child care agency are, or will
28	28	be, geographically located. The comptroller of the treasury is authorized to promulgate
29	29	rules, in accordance with the Uniform Administrative Procedures Act, compiled in title 4,
30	30	chapter 5, for the administration of this subdivision (c)(3).
31	31	(4)
32	32	(A) A public charter school or child care agency operating within the
33	33	geographic boundaries of an LEA, excluding public charter schools in the
34	34	achievement school district, has a right of first refusal to:
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36	36
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39	39	(i) Purchase vacant property listed by the LEA under this section
40	40	at or below fair market value for educational purposes or for child care
41	41	use; or
42	42	(ii) Lease underutilized property or vacant property listed by the
43	43	LEA under this section at or below fair market value for educational
44	44	purposes or for child care use. A lease agreement executed between a
45	45	public charter school and an LEA or a child care agency and an LEA must
46	46	not reflect any outstanding bonded debt on the underutilized property or
47	47	vacant property, except as agreed upon to reflect any necessary costs
48	48	associated with the occupation or remodeling of the facility.
49	49	(B) For purposes of this subsection (c):
50	50	(i) "Fair market value for educational purposes" is determined by
51	51	taking the average of two (2) separate appraisals conducted by two (2)
52	52	independent, qualified appraisers, one (1) selected by the LEA and one
53	53	(1) selected by the public charter school; and
54	54	(ii) "Child care use" is determined by taking the average of two (2)
55	55	separate appraisals, one (1) selected by the LEA and one (1) selected by
56	56	the child care agency.
57	57	(5)
58	58	(A) Upon the execution of a lease agreement pursuant to this section, a
59	59	public charter school or child care agency has unrestricted use of the property.
60	60	The public charter school or child care agency shall provide for routine
61	61	maintenance and repair so that the leased property is maintained in as good of
62	62	order as when the lease was executed. The public charter school or child care
63	63	agency is responsible for paying all utilities used by the public charter school or
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68	68	child care agency at the leased property. Extensive repairs to buildings or
69	69	facilities considered capital expenses are the responsibility of the LEA funding
70	70	body and not the public charter school or child care agency. If the public charter
71	71	school or child care agency makes extensive repairs to buildings or facilities
72	72	considered capital expenses, then the capital expenses must be credited against
73	73	the cost of the lease. Any fixtures, improvements, or tangible assets added to
74	74	leased property by the public charter school or child care agency pursuant to this
75	75	section must remain at the leased property upon the public charter school's or
76	76	child care agency's return of the leased property to the LEA.
77	77	(B) If the LEA decides to sell the school building that the public charter
78	78	school or child care agency is leasing, then the public charter school or child care
79	79	agency must be provided the right of first refusal to purchase the school building
80	80	at or below fair market value for educational purposes or for child care use, less
81	81	the value of all rental payments made to the LEA during the term of the lease.
82	82	(C) If, during the term of the lease, the public charter school or child care
83	83	agency closes or ceases using the building, then the building must be placed on
84	84	the LEA's vacant or underutilized property list pursuant to this subsection (c).
85	85	(6) If, after the purchase of vacant or underutilized property from an LEA
86	86	pursuant to this subsection (c), the public charter school or child care agency closes or
87	87	ceases using the property, then the LEA has the right of first refusal to purchase the
88	88	property from the public charter school or child care agency at or below fair market value
89	89	for educational purposes or for child care use. This subdivision (c)(6) does not require a
90	90	public charter school or child care agency to sell property owned by the public charter
91	91	school, the charter management organization, or the child care agency.
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96	96	SECTION 2. Tennessee Code Annotated, Section 49-13-136, is amended by adding
97	97	the following as a new subsection:
98	98	(h) As used in this section, "child care agency" has the same meaning as
99	99	defined in § 71-3-501.
100	100	SECTION 3. Tennessee Code Annotated, Section 71-3-501, is amended by adding the
101	101	following as a new subdivision:
102	102	( ) "Host school" means a public or private school that has a child care agency or
103	103	early learning program in the school not affiliated with such school;
104	104	SECTION 4. Tennessee Code Annotated, Section 71-3-502(d)(3), is amended by
105	105	deleting the subdivision and substituting:
106	106	(3) If the department determines that any of the criteria in subdivision (d)(2) has
107	107	not been, or cannot be met, then it may deny an application for a provisional license;
108	108	however:
109	109	(A) A host school's fire inspection is sufficient to meet the department's
110	110	requirements for a provisional license as described in subdivision (d)(2) for a
111	111	child care agency or early learning program in the host school for same age
112	112	children as in the host school; and
113	113	(B) The host school's facilities, such as a playground for the same age
114	114	children as in the child care agency or early learning program in the host school,
115	115	is sufficient to meet the department's requirements as described in subdivision
116	116	(d)(2) for an application for a provisional license.
117	117	SECTION 5. Tennessee Code Annotated, Title 71, Chapter 3, Part 5, is amended by
118	118	adding the following as a new section:
119	119	(a) As used in this section:
120	120
121	121
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124	124	(1) "Child care family home" means a setting in which a caregiver
125	125	provides child care in a family residence or a residence with a homelike
126	126	environment; and
127	127	(2) "Local governing authority" means the governing body of the
128	128	municipality or county where a child care family home is located.
129	129	(b) A local governing authority shall treat a child care family home as residential
130	130	property in the application of local regulations, including:
131	131	(1) Zoning;
132	132	(2) Land use development;
133	133	(3) Fire and life safety;
134	134	(4) Sanitation; and
135	135	(5) Building codes.
136	136	(c) For zoning purposes, residential property use includes single-family
137	137	residential zoning.
138	138	(d) For a child care family home, a local governing authority shall not impose:
139	139	(1) Stricter requirements than those provided by the division of fire
140	140	prevention; or
141	141	(2) Any additional regulations that do not apply to other residential
142	142	properties.
143	143	(e) This section does not restrict a local governing authority from managing the
144	144	flow of traffic and parking related to an adjacent child care family home.
145	145	SECTION 6. This act takes effect July 1, 2025, the public welfare requiring it.