TSBA P OLICY I NSIGHT There has been an astonishing amount of new education legislation this year. This has resulted in some major changes in policies: • Policy 1.400, School Board Meetings: This recent change in the law allows some Board members to participate in Board meetings via electronic means. Generally, there are only three circumstances that permit that participation: military service, family emergency (as defined by the Board), and an absence from the county due to work. The last two have additional qualifiers, and Boards may choose to add some procedures to keep the meeting from getting bogged down. • Policy 1.704, Charter Schools: One area that saw a great deal of interest this last legislative session was charter schools, with two public chapters making extensive changes to the law. The law extended the time in which the Board has to make decisions about applications, but a failure to act means that the application is deemed accepted. Another major change is that the LEA can now charge up to $500.00 as an application fee. • Policies 5.200 and 5.201, Separation Practices for Tenured and Non-Tenured Teachers: A recent change in the law allows for a more streamlined teacher suspension procedure, as long as the suspension is for three days or less. This does not remove the possibility of longer suspensions. It only abbreviates the due process requirements for suspensions of three days or less. Proposed Additions and Revisions to Your Policy Manual • Policy 5.803, Evaluation of the Director of Schools: TSBA has long advocated that directors be evaluated on an annual basis. The new law requires an evaluation plan which contains certain components. • Policy 6.316, Suspension , Expulsion and Remand: Tennessee law provides a basic list of offenses that can result in the suspension or expulsion of a student. The statutory change adds the assault on school bus drivers and other school personnel with obscene, vulgar or threatening language to this list. • Policy 6.4081, Safe Relocation of Students: One of the new laws this last legislative session requires that school districts have a policy on the relocation of students for the safety of the student or others Joel H. Moseley Assistant Director of Policy & Staff Attorney [email protected]Summer, 2012 Volume 4, Issue 2
Transcript
TSBA POL ICY I N S IGHT
1
There has been an astonishing amount of new education legislation this year. This has resulted in some major changes in policies:
• Policy 1.400, School Board Meetings: This recent change in the law allows some Board members to participate in Board meetings via electronic means. Generally, there are only three circumstances that permit that participation: military service, family emergency (as defined by the Board), and an absence from the county due to work. The last two have additional qualifiers, and Boards may choose to add some procedures to keep the meeting from getting bogged down.
• Policy 1.704, Charter Schools:
One area that saw a great deal of interest this last legislative session was charter schools, with two public chapters making extensive changes to the law. The law extended the time in which the Board has to make decisions about applications, but a failure to act means that the application is deemed accepted. Another major change is that the LEA can now charge up to $500.00 as an application fee.
• Policies 5.200 and 5.201, Separation
Practices for Tenured and Non-Tenured Teachers: A recent change in the law allows for a more streamlined teacher suspension procedure, as long as the suspension is for three days or less. This does not remove the possibility of longer suspensions. It only abbreviates the due process requirements for suspensions of three days or less.
Proposed Additions and Revisions to Your Policy Manual
2
• Policy 5.803, Evaluation of the Director of Schools: TSBA has long advocated that directors be evaluated on an annual basis. The new law requires an evaluation plan which contains certain components.
• Policy 6.316, Suspension , Expulsion and
Remand: Tennessee law provides a basic list of offenses that can result in the suspension or expulsion of a student. The statutory change adds the assault on school bus drivers and other school personnel with obscene, vulgar or threatening language to this list.
• Policy 6.4081, Safe Relocation of Students:
One of the new laws this last legislative session requires that school districts have a policy on the relocation of students for the safety of the student or others
While many of the legislative changes require Boards to amend policies, there are other laws that Boards simply need to know for day-to-day operations. PC0665 will allow more flexibility in school bus advertising. The loosening of color restrictions should make advertising on school buses more attractive to advertisers. With declining local and State dollars, school districts are looking for more outside funding sources. PC0690 was a controversial bill and often misconstrued in the media as allowing teachers to preach in the classroom. The law prohibits school districts from restricting religious exercise by employees when the employees are NOT on the business of the school district, even if they may be on school grounds. It requires school districts to allow employees to engage in “constitutionally permissible religious activities” on school grounds. In essence, it simply restates the current law regarding constitutionally protected free exercise by employees. PC0992 continues a theme from last year and adds procedural requirements for cyber bullying regarding the dissemination of information and additional reporting requirements. Another component amends criminal law with regard to threats and intimidation. This was done to address constitutional concerns. PC1020 prohibits a teacher from teaching a course in which an end of course exam is required for graduation unless that teacher has the appropriate endorsement or the teacher passes a “. . . standardized or criterion-referenced test for the content area.” By law, the test continues to be at the teacher’s own expense. If you have any questions on implementing new procedures, please do not hesitate to contact me at 1-800-448-6465, extension 3906.
Tennessee School Boards Association 525 Brick Church Park Drive
Save The Date . . . The TSBA Policy Update Workshop will be held at the TSBA headquarters, with simultaneous broadcasts to locations in Rhea and Weakley Counties on August 10, 2012. Contact TSBA for more information, or check out our website at www.tsba.net.
The Board will transact all business at offi cial meetings which may be either regular or special.
Every meeting of the Board, except with the attorney to discuss pending or threatened litigation, will be open to the public.1 Open meetings will be physically accessible to all students, employees, and interested citizens.3
No one shall bring a camera, camcorder or other photographic equipment to Board meetings without the consent of the Board.4
REGULAR MEETINGS
Regular meetings of the Board shall be held on the _________________________.
In instances when any regular meeting date falls on a legal holiday, the meeting shall be rescheduled by the chair.
SPECIAL MEETINGS
The Board shall hold such special meetings as necessary to transact the business of the Board. Such meetings shall be called by the chair whenever, in the chair's judgment, the interests of the schools re-quire it, or when requested to do so by a majority of the Board.2
Only business related to the call of the meeting, and details related to agenda items shall be discussed or transacted by the Board at a special meeting.
ELECTRONIC ATTENDANCE
Absent Board members may attend a regular or special meeting by electronic means if the member is absent from the county because of work, is unable to attend due to a family emergency, or due to the member's military service. Such participation is subject to the following:5
General Requirements
The following requirements apply to all electronic attendance, regardless of the reason for the member's absence:
1. A quorum of the Board must be physically present at the meeting in order for any member to attend electronically.
2. Any member wishing to participate electronically must do so using technology which allows the Chair to visually identify the member.
3. The responsibility for the connection lies with the member wishing to participate electronically. No more than three (3) attempts to connect shall be made, unless the Board chooses to make additional attempts.
Work Related Absence
The following requirements apply to electronic attendance due to a work related absence:
1. The Board member must be absent from the county due to work.
2. The member wishing to participate must give the Chair and director at least fi ve (5) days notice prior to the meeting of the member's desire to participate electronically.
3. No member may participate more than twice per year due to a work related absence.
Family Emergency
The following requirements apply to electronic attendance due to a family emergency:
1. The member must be absent due to the hospitalization of the member or the death or hospitalization of the member's spouse, father, mother, son, daughter, brother, sister, son-in-law, daughter-in-law, step-son, step-daughter, father-in-law, mother-in-law, brother-in-law, or sister-in-law.
2. No member may participate more than twice per year due to a family emergency.
1. Tenn. Code Ann. § 8-44-102 School Board Legal Status and Authority 1.1002. Tenn. Code Ann. § 49-2-202(c)(1) Section 504 & ADA Grievance Procedures 1.8023. 28 CFR § 36.201(a); 36.2024. OP Tenn. Atty. Gen. 95-101 (Oct. 2, 1995)5. Tenn. Code Ann. § 49-2-203(c)
This policy shall apply to Sponsors and potential Sponsors of newly created public charter schools. It shall not apply to public charter schools converted from existing public schools pursuant to TCA 49-13-106 (b) (2).
DEFINITION
A charter school shall be a public, nonsectarian, non-religious, non-homebased school which operates within a public school district. It shall be subject to all state and federal laws and constitutional provi-sions prohibiting discrimination on the basis of disability, race, creed, color, gender, national origin, religion, ancestry or need for special education services.1
The purposes of charter schools are to:2
(1) Improve learning for all students and close the achievement gap between high and low students;
(2) Provide options for parents to meet educational needs of students in high priority schools;
(3) Encourage the use of different and innovative teaching methods, and provide greater decision mak-ing authority to schools and teachers in exchange for greater responsibility for student performance; (4) Measure performance of pupils and faculty, and ensure that children have the opportunity to reach profi ciency on state academic assessments; (5) Create new professional opportunities for teachers; and (6) Afford parents substantial meaningful opportunities to participate in the education of their chil-dren.
APPLICATION PROCESS 3
A prospective charter school sponsor shall send the director notice of its intent sixty (60) days prior to April 1 of the year preceding the year in which the proposed charter school plans to begin operation as a public charter school.
A sponsor seeking Board approval of an initial charter school application must complete the form provided by the Tennessee Department of Education as well as provide a list of requirements that the sponsor wants to waive. In the application, the sponsor must demonstrate that the proposed charter school meets the purpose prescribed by law for the formation of a charter school and the proposed charter school will be able to implement a viable program of quality education for its students. In the case where a traditional
public school is seeking to convert to a charter school, the application must include documents showing the necessary parental or teacher support.
Applications must be submitted to Board on or before 4:30 p.m. on AprilOctober 1 of the year preced-ing the year in which the proposed charter school plans to begin operation as a public charter school. Applications will be accepted only between March September 1 and April October 1. If the 1st of April October falls on a Saturday, Sunday or holiday on which the school district offi ces are closed, applica-tions will be accepted on the previous business day on or before 4:30 p .m Late applications will not be accepted, without exception. The sponsor shall pay an application fee of $500.00.
REVIEW TEAM
If necessary, the Board shall appoint a review team to assist in reviewing and evaluating charter school ap-plications. The team shall be composed of: members of the administrative staff for the district; community members; and a member of the Board. At the Board meeting in February July each year, the Director of Schools shall make a recommendation to the Board of which members of his administrative staff should be appointed to the team. The Board shall name the members of the team at its fi rst meeting in March August of each year. The Board shall designate a chairman of the review team as the contact person for answering questions about the application process and receiving applications.
The Board shall require a procedure of receiving, reviewing and ruling on applications for the establishment of charter schools. The procedure must include a timeline for the application and review process and the means for reviewing and evaluating each application, including the criteria on which the decision to grant or deny a charter will be based. A copy of the procedure, including the review criteria, shall be available to any interested party upon request.
The review team shall: 1. Evaluate all charter school applications based on the review criteria adopted by the Board; 2. Recommend one of the following options to the Board for each application: approve, reject, or reject with stipulations for reconsideration;
3. Monitor charter school progress; and
4. Make recommendations for revocation, renewal or non-renewal of charter contracts.
APPROVAL, DENIAL OF APPLICATION 4
The Board shall rule by resolution on the approval or denial of a charter application within ninety (90) sixty (60) days of receipt of the completed application or the application shall be deemed approved by law.5
Approval
If the application is approved, the Sponsor may proceed to negotiate a charter agreement with the Board through its designee within the district administration. The Sponsor of a public charter school that is ap-proved by the Board shall enter into a written agreement with the Board, which shall be binding on the charter school's governing body. This agreement, known as the charter agreement, shall be in writing
and shall include all aspects of the Sponsor’s approved application as well as any reporting requirements prescribed under state or federal laws.
To warrant adoption, charter schools must promote and implement new and innovative practices and conditions in delivering public education not typically found in traditional public schools. All charter schools that include high schools (grades 9-12) must be SACS accredited. It is expected that the candi-date school status for accreditation will be received during the fi rst year of the charter school operation.
Charter schools approved by the Board of Education are expected to implement the application as sub-mitted and approved. Substantial deviations from the approved application may result in revocation of the Charter by the Board.
Charter schools approved by the Board are expected to operate with knowledge of and compliance with all rules, regulations, statutes and policies relevant to that charter school’s operations; including but not limited to instruction, human resources, communication, administration, business services, facilities and operations, transportation, food services, safety and student discipline. The Board should not be expect-ed to provide services to charter schools that are not requested during the application process except for those services that are required under state or federal laws. Services agreed to be provided to the charter schools by the Board shall be provided at Board actual cost.
The Governing Body of an approved public charter school shall make a written report to the Board an-nually between August 1 and September 1. This reporting requirement shall begin in the year after the year in which the public charter school begins operation. This annual report shall include: a report on the progress of the school in achieving its goals, objectives, pupil performance standards, content stan-dards, and all other terms of the charter agreement; and a fi nancial statement disclosing the fi nancial health of the school including the costs of the administration, instruction and other spending categories of the school.
New pubic charter schools, conversion schools, and all renewals of charter agreements are approved for ten year periods. However, following the fi fth year of a charter school’s initial period of operation or the fi fth year of any renewal of a charter school agreement, the LEA must conduct an interim review of the charter school according to the guidelines developed by the Department of Education.
No later than October 1 of the year prior to the year in which the charter agreement expires, the governing body of a public charter school shall submit a renewal application to the Board. The Board shall make its renewal decision based on the progress of the school towards its stated goals and on the fi nancial status of the school.6
The Board may revoke or deny renewal of a public charter school agreement for any of the reasons enu-merated in TCA 49-13-122. Denial
Upon receipt of the grounds for denial, the sponsor shall have fi fteen (15) days within which to submit an amended application to correct the defi ciencies. The Board shall have thirty (30) fi fteen (15) days ei-ther to deny or to approve the amended application or the application shall be deemed approved by law.5
A denial of an application for new schools formed to address low performers by the Board may be ap-pealed by the sponsor, within ten (10) days of the fi nal decision to deny to the State Board of Education.
A director of schools/designee may suspend a tenured teacher for incompetence, ineffi ciency, neglect of duty, unprofessional conduct and insubordination at any time when deemed necessary. Before an em-ployee is suspended s/he shall be: (1) provided with written notice, including the reasons for the suspen-sion along with an explanation of the evidence; (2) given an opportunity to respond to the director at a conference, if requested within fi ve (5) days; and (3) given a written decision of the suspension within ten (10) days. Both parties may be represented by counsel at the conference, which shall be recorded.
Under no circumstances shall a director of schools suspend a tenured teacher with pay. If reinstated, the tenured teacher shall be paid full salary for the period of suspension, unless suspension without pay is deemed to be an appropriate penalty.
DISMISSAL4
The Board shall maintain a list of qualifi ed individuals who have indicated a willingness to act as im-partial hearing offi cers, as defi ned under Tennessee law.
When charges are made against a tenured teacher, charging the teacher with offenses which may justify dismissal, the charges shall be made in writing, specifi cally stating the offenses which are charged and shall be signed by the party or parties making the charges.
If, in the opinion of the Board, the charges are of such nature as to warrant the release of the teacher, the director of schools shall give the teacher a written notice of this decision, a copy of the charges against the teacher, and a copy of a form provided by the Commissioner of Education advising the teacher of his/her legal duties, rights and recourse.
A tenured teacher who has been given notice of charges against him/her may within thirty (30) days after receipt of notice give written notice to the director of schools of his/her request for a hearing.
The director of schools shall, within fi ve (5) days after receipt of request, assign a hearing offi cer from the list maintained by the Board.
The hearing offi cer shall notify the parties, or their attorney, of the offi cer’s assignment and direct the parties or the attorneys for the parties, or both, to appear before the hearing offi cer for simplifi cation of issues and the scheduling of the hearing. That hearing shall be set no later than thirty (30) days following receipt of the initial request for a hearing. In the discretion of the hearing offi cer, all or part of any prehearing conference may be conducted by telephone if each participant has an opportunity to participate, be heard, and to address proof and evidentiary concerns. The hearing offi cer is empowered to issue appropriate orders and to regulate the conduct of the proceedings.
Either party may appeal to the Board of Education an adverse ruling by giving written notice of appeal within ten (10) working days of the hearing offi cer’s delivery of the hearing offi cer’s written fi ndings and conclusions. The director of schools shall prepare a copy of the proceedings, including all transcripts and evidence, documentary or otherwise, and transmit the same to the Board within twenty (20) days of the receipt of the notice of appeal.
The Board shall hear the appeal on the record, and no new evidence may be submitted by either party. The appealing party may appear before the Board to argue why the adverse ruling should be over-turned. In no event should such argument last more than fi fteen (15) minutes, unless the Board should vote to extend additional time. At the conclusion of the hearing, any member of the Board may vote to sustain the decision of the Hearing offi cer, send the record back for additional evidence, revise the penalty or reverse the decision. The Board shall render its decision within ten (10) working days after the conclusion of the hearing. In the event that the decision of the Board is appealed to the Chancery court, the Board shall transmit the entire record prepared by the director and reviewed by the Board to the Chancery court for its review.
RESIGNATION A teacher shall give the director of schools notice of resignation at least thirty (30) days before the effective date of the resignation. A teacher who fails to give such notice, in the absence of justifi able extenuating circumstances, shall forfeit all tenure status. The Board may waive the thirty (30) days notice requirement and permit a teacher to resign in good standing.
The conditions under which it is permissible to break a contract with the Board are as follows:
1. The incapacity on the part of the teacher to perform the contract as evidenced by the certifi ed statement of a physician approved by the Board;
2. The release by the Board of the teacher from the contract which the teacher has entered into with the Board.5
Any teacher on leave shall notify the director of schools in writing at least thirty (30) days prior to the date of return if the teacher does not intend to return to the position from which he/she has taken leave. Failure to render such notice may be considered a breach of contract.6
Upon a breach of contract, the Board, upon a motion recorded in its minutes, may fi le a complaint with the Commissioner and request the suspension of a teacher’s certifi cate. After the Commissioner has provided the teacher an opportunity for defense during a hearing, the Commissioner may suspend the certifi cate for no less than thirty (30) and no more than three hundred sixty-fi ve (365) days.7
RETIREMENT
Retirement shall mean a termination of services under conditions which will allow the employee to draw benefi ts from retirement plans and/or social security benefi ts.
Employees eligible for retirement benefi ts may elect to retire at any age according to the provisions of
Central offi ce personnel shall assist employees in securing retirement benefi ts; however, it shall be the responsibility of the retiring employee to provide verifi cation of eligibility in writing from TCRS to the central offi ce. It shall be the responsibility of the retiring employee to fi le for benefi ts.
Employees who retire under TCRS may be employed up to one hundred twenty (120) days per year without loss of retirement benefi ts. Retired teachers may substitute teach for an additional ninety (90) days if the director of schools certifi es in writing to the Board that no other qualifi ed personnel are available to substitute teach.8
The director of schools may employ teachers retired for at least one year for full-time employment as a kindergarten through twelfth grade teacher on a year-to-year basis. Retirement benefi ts will not be lost or suspended under certain conditions, which include but are not limited to the following:9
1. The director of schools of the employing system must certify in writing that no other qualifi ed individuals are available to fi ll the position;
2. The Commissioner of Education must certify that the employing school system serves an area that lacks qualifi ed teachers to serve in the position to be fi lled;
3. The retired teacher must hold a valid license and shall not be entitled to tenure status; 4. The retired teacher shall not be eligible to accrue additional retirement benefi ts, accrue leave
or receive medical insurance coverage; and5. The salary paid to the retired member shall not be less than the rate of compensation set by
the Board for teachers with no experience fi lling similar positions, nor more than eighty-fi ve percent (85%) of the rate of compensation set by Board for teachers with comparable training and years of experience fi lling similar positions.
A director of schools/designee may suspend a non-tenured teacher for incompetence, ineffi ciency, ne-glect of duty, unprofessional conduct and insubordination at any time when deemed necessary. Before an employee is suspended s/he shall be: (1) provided with written notice, including the reasons for the suspension along with an explination of the evidence; (2) given an opportunity to respond to the direc-tor at a recorded conference, if requested within fi ve (5) days; and (3) given a written decision of the suspension within ten (10) days. Both parties may be represented by counsel at the conference, which shall be recorded.
Under no circumstances shall a director of schools suspend a non-tenured teacher with pay. If reinstated, the nontenured teacher shall be paid full salary for the period of suspension, unless suspension without pay is deemed to be an appropriate penalty.
DISMISSAL
The director of schools may dismiss any non-tenured teacher during the contract year for incompetence, ineffi ciency, insubordination, improper conduct or neglect of duty after giving the nontenured teacher, in writing, due notice of the charges.
The director of schools shall give the non-tenured teacher an opportunity for a full and complete hearing before an impartial hearing offi cer.2
PERSONNEL HEARINGS
The Board will appoint an impartial Personnel Hearing Offi cer to conduct such hearings. The Personnel Hearing Offi cer will hear the case and the employee shall have the right to:
1. be represented by counsel;2. call and subpoena witnesses;3. examine all witnesses; and4. require that all testimony be given under oath.
Factual fi ndings and decisions in all dismissal cases shall be reduced to written form and delivered to the affected employee within ten (10) working days following the close of the hearing. The employee may appeal the decision to the Board within ten (10) working days of the Personnel Hearing Offi cer rendering the written decision to the employee. Written notice of appeal to the Board shall be given to the director of schools. Within twenty (20) days on receipt of notice, the director shall prepare a copy of the proceedings, transcript, documentary and other evidence presented and provide the Board a copy of the same.
The Board shall hear the appeal. No new evidence shall be introduced. The non-tenured teacher may ap-pear in person or be represented by counsel and argue why the decision should be modifi ed or reversed. The Board shall take one of the following actions:
1. sustain the decision; 2. send the record back if additional evidence is necessary; or 3. revise the penalty or reverse the decision.
Before any decision to dismiss is made, a majority of the membership of the Board shall concur in sustaining the charges. The Board shall render a decision on the appeal within ten (10) working days after the conclusion of the hearing.
The director of schools shall also have the right to appeal any adverse ruling by the Personnel Hearing Offi cer in same manner as the non-tenured teacher.
Within twenty (20) days after receipt of notice of the decision of the Board, either party may appeal to the chancery court in the county where the school system is located. The Board shall provide the entire record of the hearing to the court.
NONRENEWAL
Non-tenured teachers are subject to the same rules and regulations and are entitled to the privileges of employment enjoyed by tenured teachers except that they have no claim upon continuing employment or tenure protections.
The principal is responsible for discussing defi ciencies as part of the evaluation process with the non-tenured teacher and providing assistance for overcoming these defi ciencies.
The director of schools is under no obligation to re-employ nontenured teachers at the end of their con-tract period. If the director of schools determines not to renew the contract of a non-tenured teacher,1 the following action shall be taken:
1. The Board shall be notifi ed at the next regular board meeting; and2. Written notice of non-renewal shall be hand delivered or sent to the employee by registered
mail so that it will be received by the employee prior to June 15.3
RESIGNATION
A teacher shall give the director of schools notice of resignation at least thirty (30) days before the effective date of the resignation. A teacher who fails to give such notice, in the absence of justifi able extenuating circumstances, shall forfeit all tenure status. The Board may waive the thirty (30) days notice requirement and permit a teacher to resign in good standing.
The conditions under which it is permissible to break a contract with the Board are as follows:
1. The incapacity on the part of the teacher to perform the contract as evidenced by the certifi ed statement of a physician approved by the Board;
2. The release by the Board of the teacher from the contract which the teacher has entered into with the Board.4
Any teacher on leave shall notify the director of schools in writing at least thirty (30) days prior to the date of return if the teacher does not intend to return to the position from which he/she has taken leave. Failure to render such notice may be considered a breach of contract.5
Upon a breach of contract, the Board, upon a motion recorded in its minutes, may fi le a complaint with the Commissioner and request the suspension of a teacher’s certifi cate. After the Commissioner has provided the teacher an opportunity for defense during a hearing, the Commissioner may suspend the certifi cate for no less than thirty (30) and no more than three hundred sixty-fi ve (365) days.6
RETIREMENT
Retirement shall mean a termination of services under conditions which will allow the employee to draw benefi ts from retirement plans and/or social security benefi ts.
Employees eligible for retirement benefi ts may elect to retire at any age according to the provisions of the retirement system.
Central offi ce personnel shall assist employees in securing retirement benefi ts; however, it shall be the responsibility of the retiring employee to provide verifi cation of eligibility in writing from TCRS to the central offi ce. It shall be the responsibility of the retiring employee to fi le for benefi ts.
Employees who retire under TCRS may be employed up to one hundred twenty (120) days per year without loss of retirement benefi ts. Retired teachers may substitute teach for an additional ninety (90) days if the director of schools certifi es in writing to the Board that no other qualifi ed personnel are available to substitute teach.7
The director of schools may employ teachers retired for at least one year for full-time employment as a kindergarten through twelfth grade teacher on a year-to-year basis. Retirement benefi ts will not be lost or suspended under certain conditions, which include but are not limited to the following:8
1. The director of schools of the employing system must certify in writing that no other qualifi ed individuals are available to fi ll the position;
2. The Commissioner of Education must certify that the employing school system serves an area that lacks qualifi ed teachers to serve in the position to be fi lled;
3. The retired teacher must hold a valid license and shall not be entitled to tenure status; 4. The retired teacher shall not be eligible to accrue additional retirement benefi ts, accrue leave
or receive medical insurance coverage; and5. The salary paid to the retired member shall not be less than the rate of compensation set by
the Board for teachers with no experience fi lling similar positions, nor more than eighty-fi ve percent (85%) of the rate of compensation set by Board for teachers with comparable training and years of experience fi lling similar positions.
(Note: Nonrenewal of non-tenured teachers after the contract year is not suspension or dismissal and does NOT follow the suspension/dismissal procedures outlined in this policy. Rather, nonrenewal of non-tenured teachers after the contract year follows the nonrenewal procedures outlined in this policy.)
Through an annual evaluation of the director of schools,1 the Board will strive to accomplish the fol-lowing:
1. Clarify the role of the director according to a job description as agreed upon by the Board and the director;
2. Develop harmonious working relationships between the Board and the director; and
3. Develop improvements in the administrative leadership of the school system.
The Board will develop, with the director, a set of performance objectives based on the needs of the system. The performance of the director will be reviewed in accordance with these specifi ed goals. The perfomance objectives will be memorialized in an evaluation plan that includes, at a minimum, sections regarding job performance, student achievement, relationships with staff and personnel, relationships with board members, and relationships with the community.2
At a time agreed to by the Board and the director, the Board will meet as a body to evaluate the direc-tor's performance.
The following guidelines will be used in the evaluation process:
1. The director will know the standards upon which he/she will be evaluated and will be involved in the development of those standards.
2. A part of the evaluation may be a composite of the evaluation by individual board members, but the Board, as a whole, will meet with the director to discuss the composite evaluation.
3. The evaluation shall include a discussion of strengths as well as weaknesses.
4. Both the Board and director will prepare for the evaluation; the director will conduct a self-evaluation and board members will document the evidence used in rating the director’s perfor-mance.
5. All documentation will be supported by objective evidence.
Suspension: dismissed from attendance at school for any reason not more than ten (10) consecutive days. Multiple suspensions shall not run consecutively nor shall multiple suspensions be applied to avoid expulsion from school.
Expulsion: removal from attendance for more than ten (10) consecutive days or more than fi fteen (15) days in a month of school attendance. Multiple suspensions that occur consecutively shall constitute expulsion.
Remand: assignment to an alternative school.
REASONS FOR SUSPENSION/EXPULSION:
Any principal, principal-teacher or assistant principal (herein called principal) may suspend/expel any student from attendance at school or any school-related activity on or off campus or from attendance at a specifi c class or classes, or from riding a school bus, without suspending such student from attendance at school (in-school suspension), for good and suffi cient reasons including, but not limited to:2
1. Willful and persistent violation of the rules of the school or truancy;
2. Immoral or disreputable conduct, including vulgar or profane language;
3. Violence or threatened violence against the person of any personnel attending or assigned to any school;
4. Willful or malicious damage to real or personal property of the school, or the property of any person attending or assigned to the school;
5. Inciting, advising or counselling of others to engage in any of the acts herein enumerated;
6. Possession of a pistol, gun or fi rearm on school property;3
7. Possession of a knife, etc., as defi ned in TCA 39-17-1309, on school property;
8. Assaulting a principal, teacher, school bus driver or other school personnel with vulgar, obscene or threatening language;
9. Unlawful use or possession of barbital or legend drugs, as defi ned in TCA 53-10-101;3
10. Engaging in behavior which disrupts a class or school-sponsored activity;
11. Making a threat, including a false report, to use a bomb, dynamite, any other deadly explosive or destructive device including chemical weapons on school property or at a school sponsored event;
12. Two (2) or more students initiating a physical attack on an individual student on school property or at a school activity, including travel to and from school;
13. Off-campus criminal behavior resulting in felony charges; when behavior poses a danger to
persons or property or disrupts the educational process; and
14. Any other conduct prejudicial to good order or discipline in any school.
IN-SCHOOL SUSPENSION:4
1. Students given an in-school suspension in excess of one (1) day from classes shall attend either special classes attended only by students guilty of misconduct or be placed in an isolated area appropriate for study; and
2. Personnel responsible for in-school suspension will see that each student is supervised at all times and has textbooks and classwork assignments from his/her regular teachers. Students given in-school suspension shall be required to complete academic assignments and shall receive credit for work completed.
PROCEDURES FOR IN-SCHOOL SUSPENSION AND EXPULSION:5
1. Unless the student’s continued presence in the school, class or school-related activity presents an immediate danger to the student or other persons or property, no principal shall suspend/expel any student until that student has been advised of the nature of his/her misconduct, questioned about it, and allowed to give an explanation.
2. Upon suspension/expulsion of any student (in-school suspension in excess of one (1) day), the principal shall make an immediate attempt to contact the parent or guardian to inform them of the suspension/expulsion. The student shall not be sent home before the end of the school day unless the parent or guardian has been contacted.
3. The principal shall notify the parent or guardian and the director of schools or designee in writing:
a. Of the suspension/expulsion and the cause for it; andb. A request for a meeting with the parent or guardian, student and principal, to be held as
soon as possible, but no later than fi ve (5) days following the suspension/ expulsion.
4. Immediately following the scheduled meeting, whether or not attended by the parent or guardian or student, the principal shall determine the length of the suspension/expulsion and set condi-tions for readmission. If the principal determines the length of the suspension to be between six (6) and the maximum of ten (10) days, the principal shall develop and implement a plan
for correcting the behavior when the student returns to school.
5. If at the time of the suspension the principal determines that an offense has been committed which, in the judgment of the principal would justify a suspension/expulsion for more than ten (10) days, he/she may suspend/expel/remand the student unconditionally for a specifi ed period of time or upon such terms and conditions as are deemed reasonable.
6. The principal shall immediately give written or actual notice to the parent or guardian and the student of the right to appeal the decision to suspend/expel/remand for more than ten (10) days. The notice shall include a statement that, unless the student’s parent or guardian requests an open hearing in writing within fi ve (5) days of receipt of the notice, any hearing will be closed to the public. All appeals must be fi led, orally or in writing, within fi ve (5) days after receipt of the notice and may be fi led by the parent or guardian, the student or any person holding a teaching license who is employed by the school system if requested by the student.
7. The appeal from this decision shall be to the Board or to a disciplinary hearing authority ap-pointed by the Board.
8. If the suspension/expulsion occurs during the last ten (10) days of any term or semester, the student shall be permitted to take such fi nal examinations or submit such required work as nec-essary to complete the course of instruction for that semester, subject to conditions prescribed by the principal.
Employees who are directly responsible for a student’s education or who otherwise interact within the scope of their assigned duties may relocate a student from the student’s present location to another location when such relocation is necessary for the student’s safety or the safety of others.1 Such employees may also intervene in a physical altercation between two or more students or between a student and an LEA employee. Reasonable force may be used to physically relocate or intervene in a confl ict if a student is unwilling to cooperate.2 If an employee is unable to resolve the matter with the use of reasonable or justifi able force are required, the student shall be allowed to remain in place until such a time as local law enforcement offi cers or school resource offi cers can be summoned to relocate the student or take the student into custody until such a time as a parent or guardian can retrieve the student.
In the event that physical relocation becomes necessary, the teacher shall immediately fi le a brief report of the incident with the building principal. If the student's behavior constitutes a violation of the Board's zero tolerance policy, then the report shall be placed in the student's permanent record. Otherwise, the report shall be kept in the student's discipline record, and not become a part of that student's permanent record. The principal or the principal’s designee shall notify the teacher involved of the actions taken to address the behavior of the relocated student.
The director of schools shall create procedures to implement this policy consistent with State law. Each building principal shall fully support the authority of the employees' authority under this policy and fully implement the policy and procedures of the system.
________________Legal References:
1. Tenn. Code Ann. § 49-6-40182. Tenn. Code Ann. § 39-11-603, 609-614, 621-622
Safe Relocation of StudentsMonitoring:
Review: Annually, in May
Tennessee School Boards Association
~tate of \!tennessee PUBLIC CHAPTER NO. 665
HOUSE BILL NO. 2851
By Representative Maggart
Substituted for: Senate Bill No. 2802
By Senator Tracy
AN ACT to amend Tennessee Code Annotated, Section 49-6-2109, relative to advertising on school buses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 49-6-2109(e), is amended by deleting the language ", be composed of lettering on a background color" in the third sentence of the subsection.
SECTION 2. This act shall take effect upon becoming a law, the public welfare requiring it.
ll~ ~, APPROVED this--+-- day ot_.,_Uf!l-!~r::;..a...:....~~-_ ----- 2012
~tate of \!tennessee PUBLIC CHAPTER NO. 687
HOUSE BILL NO. 2789
By Representatives McDonald, Maggart, Lollar, Towns
Substituted for: Senate Bill No. 3640
By Senators Roberts, Barnes, Yager
AN ACT to amend Tennessee Code Annotated, Title 37; Title 39 and Title 49, relative to student discipline.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 49-6-3401 (a)(9), is amended by deleting the words "principal or teacher" and by substituting instead "principal, teacher, school bus driver or other school personnel".
SECTION 2. Tennessee Code Annotated, Section 49-6-4013, is amended by deleting the words "conduct in classes" and by substituting instead the words "conduct in classes and on school buses".
SECTION 3. Tennessee Code Annotated, Section 49-6-4102, is amended by adding the following sentence at the end of the section:
Every school bus driver is authorized to hold every pupil strictly accountable for any disorderly conduct on any school bus going to or returning from school or a school activity.
SECTION 4. Tennessee Code Annotated, Title 49, Chapter 6, Part 41, is amended by adding the following language as a new section:
49-6-4107.
(a) A teacher, principal, school employee or school bus driver, in exercising the person's lawful authority, may use reasonable force when necessary under the circumstances to correct or restrain a student or prevent bodily harm or death to another person.
(b) Subsection (a) does not authorize use of corporal punishment by a person not permitted to administer corporal punishment under § 49-6-4103 or chapter 6, part 44 of this title.
(c) Subsection (a) does not authorize restraint or isolation of students for whom restraint or isolation is prohibited under chapter 10, part 13 of this title.
SECTION 5. Tennessee Code Annotated, Section 49-6-4016, is amended by designating the existing language as subsection (a) and by adding the following language as new subsection (b):
(b) It is a defense against a civil action for damages under this section that a teacher, principal, school employee or school bus driver in the exercise of the person's lawful authority used reasonable force under § 49-6-41 07 that was necessary to restrain the student or to prevent bodily harm or death to another person.
SECTION 6. Tennessee Code Annotated, Section 49-6-4013, is amended by designating the existing language as subsection (a) and by adding the following language as new subsection (b):
HB 2789
(b) Each code shall state that a teacher, principal, school employee or school bus driver may use reasonable force in compliance with§ 49-6-4107.
SECTION 7. This act shall take effect July 1, 2012, the public welfare requiring it.
2
HOUSE BILL NO. 2789
PASSED: _ __,;M=A~RC~H--2-..6,~2=0...;.1=2 ----
E H HARWELL, SPEAKER HOUSE OF REPRESENTATIVES
RAMSEY .__.....,E SENATE
APPROVED this~ day ot ___ ~~pr'--4-1.::;.:.......;:4:.... ... .. ( ____ 2012
BILL HASLAM, GOVERNOR
~tate of ~ennessee PUBLIC CHAPTER NO. 690
HOUSE BILL NO. 3266
By Representatives Phillip Johnson, Watson, Maggart, Dean, Don Miller, Evans, Ryan Williams, Hensley, Bass, Hardaway, Weaver, Elam, Butt, Hill, Marsh, Halford, Lollar, Hall, Wirgau, White, Womick, McDonald, Curtis Johnson, Sargent, Eldridge, Powers, Floyd, Haynes, Gotto, Sexton, McManus, Carr, Pody, Montgomery, Kent Williams, Campbell, Harrison, Forgety, Sanderson, Cobb, Parkinson, Harry Brooks, Larry Miller, Keisling, McDaniel
Substituted for: Senate Bill No. 3060
By Senators Summerville, Crowe, Bell, Campfield, Johnson, Massey, Yager, Ford
AN ACT to amend Tennessee Code Annotated, Title 49, relative to protection of first amendment rights in schools.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 49, Chapter 6, Part 29, is amended by adding the following as a new section:
it.
49-6-2907.
(a) LEAs and school administrators may not prohibit personnel from participating in religious activities on school grounds that are initiated by students at reasonable times before or after the instructional day so long as such activities are voluntary for all parties and do not conflict with the responsibilities or assignments of such personnel.
(b) Nothing in this section shall prohibit LEAs and school administrators from allowing personnel to participate in other constitutionally permissible religious activities on school grounds.
SECTION 2. This act shall take effect upon becoming a law, the public welfare requiring
By Harry Brooks, Kevin Brooks, Powers, Hensley, Dunn, Naifeh, Lois DeBerry, Lollar, McDaniel, Ford, Forgety, Montgomery, Ragan, John Deberry, Casada, Sanderson, Bass, Holt, Faison,
Ryan Williams, Maggart, Weaver, Dean, Butt, Phillip Johnson, Wirgau, Hardaway, Parkinson, Don Miller, Alexander, Pody, Evans, Carr
AN ACT to amend Tennessee Code Annotated, Title 49, relative to LEA employees' rights.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 49, Chapter 6, Part 40, is amended by adding the following language as a new section:
49-6-4018.
(a) Each local board of education shall adopt a complete policy regarding a teacher's ability to relocate a student from the student's present location to another location for the student's safety or the safety of others. The use of reasonable or justifiable force, as defined in §§ 39-11-603, 39-11-609, 39-11-610, 39-11-612, 39-11-613, 39-11-614, 39-11-621, and 39-11-622, if required to accomplish this task due to the unwillingness of the student to cooperate, is allowed. If steps beyond the use of reasonable or justifiable force are required, the student shall be allowed to remain in place until such a time as local law enforcement officers or school resource officers can be summoned to relocate the student or take the student into custody until such a time as a parent or guardian can retrieve the student. This policy shall also cover teachers' authorization to intervene in a physical altercation between two (2) or more students, or between a student and LEA employees using reasonable or justifiable force upon a student, if necessary to end the altercation by relocating the student to another location.
(b) This policy shall be in effect on school property, as well as at official school functions, including, but not limited to, sporting events and approved field trips, taking place away from the local school property. Those covered by this policy shall include LEA employees who are directly responsible for the student's education or who otherwise interact with the student on a professional basis while acting within the scope of their assigned duties including, but not limited to, administrators, teachers, school support staff, bus drivers, cafeteria workers, and school resource officers.
(c) The policy shall require a teacher to file a brief report with the principal detailing the situation that required the relocation of the student. Either the report shall be kept in a student discipline file and shall not become a part of the student's permanent record or it shall be filed in the student's permanent record, if the student's behavior violated the LEA's zero tolerance policy. The student is then subject to additional disciplinary action that may include suspension or expulsion from the school. The principal or the principal's designee shall notify the teacher involved of the actions taken to address the behavior of the relocated student.
(d) Each principal shall fully support the authority of every teacher in the principal's school to relocate a student under this section. Each school principal shall implement the policies and procedures of the local board of education relating to the authority of every teacher to relocate a student and shall disseminate such policies and procedures to the students, faculty, staff, and parents or guardian of students. The policy shall comply with state and federal laws regarding the placements of students.
SB3116
SECTION 2. This act shall take effect upon becoming law, the public welfare requiring it.
2
SENATE BILL NO. 3116
PASSED: March 22, 2012
APPROVED this I I""' day of -.......t~~,' ~n-.s.....,·J,____ __ 2012
BILL HASLAM, GOVERNOR
$>tate of Z[ennessee PUBLIC CHAPTER NO. 801
HOUSE BILL NO. 2237
By Representatives Sargent, Casada
Substituted for: Senate Bill No. 2635
By Senator Johnson
AN ACT to amend Tennessee Code Annotated, Title 49, Chapter 5, Part 5, relative to employee discipline.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 49-5-511 (a)(2), is amended by deleting the subdivision in its entirety and substituting instead the following:
(2) The causes for which a teacher may be dismissed or suspended are as follows: incompetence, inefficiency, neglect of duty, unprofessional conduct and insubordination, as defined in § 49-5-501.
SECTION 2. Tennessee Code Annotated, Section 49-5-512, is amended by adding the following language as new subsection (d):
(d) Subsections (a), (b) and (c) of this section shall not apply to a disciplinary suspension by the director of schools that is for a period of three (3) days or less and that is not made in anticipation of dismissal. For such suspensions of three (3) days or less, the following shall apply:
(1) The director of schools shall provide written notice of suspension and the reasons for the suspension to the tenured teacher, along with an explanation of the evidence supporting the decision to suspend and copies of any documents relied upon by the director in reaching that decision;
(2) Upon request made in writing within five (5) days from the date of the suspension letter or the date it was received, whichever is later, the director shall provide a conference with the director at which the teacher may offer rebuttal to the charges or any information the teacher wishes the director to consider. Both the LEA and the teacher may be represented by an attorney or other representative;
(3) The meeting shall be recorded by the director of schools, and a copy shall be provided to the teacher upon request;
(4) The director shall issue a written decision within ten (1 0) days from the date of the conference. The director may not impose any additional punishment beyond that described in the notice of suspension; and
(5) The teacher, if dissatisfied with the decision of the director, may pursue appeal of the director's decision pursuant to § 49-5-513.
SECTION 3. Tennessee Code Annotated, Section 49-5-513(a), is amended by deleting the subsection in its entirety and substituting instead the following:
(a) A tenured teacher who is dismissed or suspended by action of the board pursuant to§ 49-5-512(c)(3), or suspended by action of the director pursuant to§ 49-5-512(d)(4), may petition for a writ of certiorari from the chancery court of the county where the teacher is employed.
HB 2237
SECTION 4. This act shall not operate so as to annul or modify any recognition entered into before the effective date of this act between a board of education and a professional employees' organization until the termination of such agreement. To the extent that this act is in conflict with an agreement entered into before the effective date of this act between a board of education and a professional employees' organization, the agreement shall control suspensions for three (3) days or less of tenured teachers in the LEA. Upon the termination of such existing agreement or if no conflict exists between this act and such existing agreement, this act shall control suspensions for three (3) days or less of tenured teachers in the LEA.
SECTION 5. If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to that end the provisions of this act are declared to be severable.
SECTION 6. This act shall take effect upon becoming a law, the public welfare requiring it.
APPROVED this~ day of_+tlp-+IF....;(\_ .. .....~(....__ ____ 2012
~tate of \!tennessee PUBLIC CHAPTER NO. 823
SENATE BILL NO. 2723
By Finney, Ford
Substituted for: House Bill No. 2883
By Fitzhugh, Hardaway, Shaw, Parkinson, Brown, Towns, Harry Brooks, Cooper
AN ACT to amend Tennessee Code Annotated, Title 8, Chapter 44, Part 1 and Title 49, Chapter 2, relative to meetings of local boards of education.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 49-2-203, is amended by adding the following language as a new, appropriately designated subsection:
( )(1) Notwithstanding Title 8, Chapter 44, Part 1, a local board of education may conduct a scheduled board meeting by electronic means as long as the member can be visually identified by the chairman, including, but not limited to, telephone, videoconferencing or other Web-based media, if a member is absent because the member is required to be out of the county in which the LEA is located for the member's work, the member is dealing with a family emergency as determined by the LEA, or because of the member's military service. Only members who are out of the county for work, family emergency or military service may attend and participate in the meeting electronically.
(2) No board meeting shall be conducted with electronic participation unless a quorum of members are physically present at the location of the meeting.
(3) A board member wishing to participate in a scheduled board meeting electronically who is or will be out of the county because of work shall give at least five (5) days notice prior to the scheduled board meeting of the member's intention to participate electronically.
(4) No board member shall participate electronically in board meetings more than two (2) times per year; except, that this limitation shall not apply to a board member who is out of the county due to military service.
(5) The local board of education shall develop a policy for conducting such meetings.
SECTION 2. The provisions of this act shall not apply in any. county having a metropolitan form of government and a population in excess of five hundred thousand (500,000) according to the 2010 federal census or any subsequent federal census.
SECTION 3. This act shall take effect July 1, 2012, the public welfare requiring it.
PASSED:
SENATE BILL NO. 2723
April 5, 2012
BETH HARWELL, SPEAKER HOUSE OF REPRESENTATIVES
APPROVED this a.1::day of *: ( 2012
BILL HASLAM, GOVERNOR
~tate of Z!Cennessee PUBLIC CHAPTER NO. 905
HOUSE BILL NO. 1105
By Representatives Montgomery, Maggart, Todd
Substituted for: Senate Bill No. 1923
By Senator Gresham
AN ACT to amend Tennessee Code Annotated, Title 49, relative to education.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 49-2-203 (a), is amended by adding the following language as a new, appropriately designated subdivision:
( ) Develop and implement an evaluation plan to be used annually for the director of schools. The plan shall include, but, shall not be limited to, sections regarding job performance, student achievement, relationships with staff and personnel, relationships with board members, and relationships with the community.
SECTION 2. Tennessee Code Annotated, Title 49, Chapter 2, Part 1, is amended by adding the following language as a new, appropriately designated section:
(a) If a municipality is located within any county in which a transition planning commission has been created pursuant to § 49-2-502(b); and if the municipality is authorized by its charter, as set forth by statute or private act, to operate a city school system; and if the proposed city school system would possess a student population of sufficient size to comply with state requirements; then the governing body of the municipality may request the county election commission to conduct a referendum pursuant to § 49-2-1 06; however, if a special election is requested, then the municipality shall pay the costs of the election.
(b) If a majority of the voters participating in the referendum elect to raise local funds to support the proposed city school system, then the governing body of the municipality shall, by ordinance, establish a city board of education in compliance with § 49-2-201; however, there shall be not less than three (3) nor more than eleven (11) members, and the members may be elected in the same manner, either from districts or at large, or a combination of both, used to elect members of the governing body of the municipality. In order to comply with the § 49-2-201 requirement for staggered four-year terms, the governing body of the municipality shall establish initial terms that vary in length; however, all subsequently elected members, other than members elected to fill a vacancy, shall be elected to four-year terms. If a special election is requested to elect members of the initial board of education, then the municipality shall pay the costs of the election. The members shall take office on the first day of the first month following certification of the election results.
(c) The initial board of education shall plan and manage the formation of the new city school system and, subsequently, shall manage and operate the system when student instruction commences. The board shall possess all powers and duties granted to or required of boards of education as set forth by § 49-2-203 or other statute, including, but not limited to, employment of a full-time director of schools and other personnel; and construction, acquisition, lease, or modification of buildings and facilities.
(d) Upon the commissioner's determination of the new city school system's general readiness to commence student instruction, city schools shall open between August 1 and the first Monday following Labor Day; however, in no event shall the city schools open prior to the effective date of the transfer of the administration of the schools in the special school district to the county board of education pursuant to § 49-2-502(b).
HB 1105
SECTION 3. This act shall take effect upon becoming a law, the public welfare requiring it.
2
HOUSE BILL NO. 1105
PASSED: __ ~A~P~R~I=L~3=0,~2~0~12~---------
B TH HARWELL, SPEAKER USE OF REPRESENTATIVES
APPROVED this~ day of iff~ 2012
~tate of '{!tennessee PUBLIC CHAPTER NO. 992
HOUSE BILL NO. 2641
By Representatives Curtiss, Hardaway
Substituted for: Senate Bill No. 2556
By Senators Ketron, Ford, Burks
AN ACT to amend Tennessee Code Annotated, Title 39 and Title 49, relative to harassment and bullying.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 39-17-308, is amended by deleting subdivision (a)(4) and substituting instead the following:
(4) Communicates with another person or transmits or displays an image without legitimate purpose with the intent that that the image is viewed by the victim by any method described in subdivision (a)(1) and the person:
(A) Maliciously intends the communication to be a threat of harm to the victim; and
(B) A reasonable person would perceive the communication to be a threat of harm.
SECTION 2. Tennessee Code Annotated, Section 49-6-1016, is amended by adding the following new subsection:
(c)
(1) Each LEA shall, at the beginning of each school year, provide teachers and school counselors a copy of the policy along with information on the policy's implementation, bullying prevention and strategies to address bullying and harassment when it happens. In addition, each LEA shall provide training to teachers and counselors regarding the policy and appropriate procedures relative to implementation of the policy. The department of education shall provide guidelines for such training and provide recommendations of appropriate, available and free bullying and harassment prevention resources.
(2) Each LEA shall also:
(A) At the beginning of the school year, make available to students and parents information relative to bullying prevention programs to promote awareness of the harmful effects of bullying and to permit discussion with respect to prevention policies and strategies.
(B) Beginning August 1, 2013, and annually thereafter, prepare and provide to the department of education a report concerning the number of bullying cases brought to the attention of school officials during the preceding year and the manner in which they were resolved or the reason they are still pending.
(3) The department shall annually submit a report to the education committees of the House of the Representatives and the Senate updating membership on the number of bullying cases reported statewide, the number of LEAs implementing the provisions of this law and any other information relating to the subject of bullying and harassment as will be helpful to the committee in establishing policy in this area.
HB 2641
(d)
(1) The principal of a middle school, junior high school, or high school, or the principal's designee, shall investigate harassment, intimidation, bullying or cyber-bullying when a student reports to any principal, teacher or guidance counselor that physical harm or a threat of physical harm to such student's person or property has occurred.
(2) Following any investigation required by this part, the principal or such principal's designee shall report the findings, along with any disciplinary action taken, to the director of schools and the chair of the local board of education.
SECTION 3. This act shall take effect July 1, 2012, the public welfare requiring it.
AN ACT to amend Tennessee Code Annotated, Title 49, Chapter 6, relative to examinations and assessments.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 49, Chapter 6, Part 60, is amended by adding the following language as a new, appropriately designated section:
49-6-60_. A teacher shall not teach a course in which an end of course examination is required for students to satisfy graduation requirements set by the State Board of Education pursuant to § 49-6-6001(a), if the teacher's license does not carry a subject specific endorsement for the subject area of the course; unless the teacher demonstrates sufficient content knowledge in the course material by taking, at the teacher's own expense, and by passing a standardized or criterion-referenced test for the content area. A teacher who has passed a content area test shall not be required to retake the test or take any additional content area test, if subsequently assigned to teach the course; unless the teacher's evaluation performed pursuant to § 49-1-302(d) immediately preceding the new assignment demonstrates an overall performance effectiveness level of "below expectations" or "significantly below expectations".
SECTION 2. This act shall take effect January 1, 2013, the public welfare requiring it.
PASSED:
SENATE BILL NO. 3341
April 26, 2012
BETH HARWELL, SPEAKER HOUSE OF REPRESENT A T/VES
APPROVED this~ day of ~~ 2012
BILL HASLAM, GOVERNOR
~tate of '{}tennessee PUBLIC CHAPTER NO. 1021
SENATE BILL NO. 3553
By Tracy
Substituted for: House Bill No. 3583
By Carr
AN ACT to amend Tennessee Code Annotated, Title 49, relative to charter schools.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 49-13-104, is amended by adding the following as new, appropriately designated subdivisions:
( ) "Academic focus" means a distinctive, thematic program such as math, science, arts, general academics, or an instructional program such as Montessori or Paideia;
( ) "Academic plan" means a platform that supp()rts the academic focus of the charter school and will include instructional goals and methods for the school, which, at a minimum, shall include teaching and classroom instruction methods, materials and curriculum that will be used to provide students with knowledge, proficiency and skills needed to reach the goals of the school.
SECTION 2. Tennessee Code Annotated, Section 49-13-106(b)(1), is amended by adding the following as a new subdivision (E):
(E) Preference for applications with the focus of serving students from a group or groups set forth in subdivision (b)(1)(C) shall not reduce the score of applications that demonstrate other strengths or focuses.
SECTION 3. Tennessee Code Annotated, Section 49-13-107(a), is amended by adding the language "and the chartering authority" immediately following the language "department of education".
SECTION 4. Tennessee Code Annotated, Section 49-13-107(b)(1), is amended by deleting the subdivision in its entirety and by substituting instead the following:
(1) A statement defining the mission and goals of the proposed charter school, including the proposed charter school's academic focus;
SECTION 5. Tennessee Code Annotated, Section 49-13-107(b)(2), is amended by deleting the language "The proposed instructional goals and methods for the school" and by substituting instead the language "A proposed academic plan, including the instructional goals and methods for each grade level the school will serve".
SECTION 6. Tennessee Code Annotated, Section 49-13-107(b)(4), is amended by deleting the subdivision in its entirety and by substituting instead the following:
(4) An operating budget based on anticipated enrollment; provided, however, that such operating budget shall not exceed a five-year projection;
SECTION 7. Tennessee Code Annotated, Section 49-13-108(a)(2), is amended by deleting the last sentence of the subdivision and by substituting instead the following:
The local board of education shall have thirty (30) days either to deny or to approve the amended application. Should the local board of education fail to either approve or deny the amended application within thirty (30) days, the amended application shall be deemed approved.
SB 3553
SECTION 8. Tennessee Code Annotated, Section 49-13-108(b)(2), is amended by adding the following sentence at the end of the subdivision:
The decision of the treasurer shall be final and not subject to further appeal.
SECTION 9. Tennessee Code Annotated, Section 49-13-112(a), is amended by deleting the language "in February or June" and by substituting instead the language "in October, February, and June".
SECTION 10. Tennessee Code Annotated, Section 49-13-113(c), is amended by deleting the language "to the siblings of a pupil who is already enrolled and".
SECTION 11. Tennessee Code Annotated, Section 49-13-113, is amended by adding the following as a new subsection (d) and by redesignating the remaining subsections accordingly:
(d) Subject to the requirement of subsections (a) and (b), preference may be afforded to the siblings of a pupil who is already enrolled.
SECTION 12. This act shall take effect July 1, 2012, the public welfare requiring it.
2
SENATE BILL NO. 3553
PASSED: April 26, 2012
~E&t&.~KER HOUSE OF REPRESENTATIVES
APPROVED this ~ay of ~ 2012
BILL HASLAM, GOVERNOR
~tate of \!tenne5'5ee PUBLIC CHAPTER NO. 1097
SENATE BILL NO. 3247
By Berke
Substituted for: House Bill No. 3769
By Harry Brooks, McCormick
AN ACT to amend Tennessee Code Annotated, Title 49, Chapter 13, relative to charter schools.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
. SECTION 1. Tennessee Code Annotated, Section 49-13-106(b)(1)(A), is amended by delet1ng the language "October 1" and by substituting instead the language "April 1".
SECTION 2. Tennessee Code Annotated, Section 49-13-107(b), is amended by deleting the language "October 1" and by substituting instead the language "April 1".
SECTION 3. Tennessee Code Annotated, Section 49-13-121(b), is amended by deleting the language "October 1" and by substituting instead the language "April 1".
SECTION 4. Tennessee Code Annotated, Section 49-13-108(a)(1), is amended by deleting the language "sixty (60)" wherever it appears and by substituting instead the language "ninety (90)".
SECTION 5. Tennessee Code Annotated, Section 49-13-108(a)(2), is amended by deleting the language "fifteen (15)" wherever it appears and by substituting instead the language "thirty (30)".
SECTION 6. Tennessee Code Annotated, Section 49-13-108(a), is amended by adding the following language as new subdivision (4):
(4) LEAs may charge applicants an application fee in an amount approved by the local board of education. The application fee shall not exceed five hundred dollars ($500) per application.
SECTION 7. Tennessee Code Annotated, Section 49-13-107, is amended by adding the following new subsection (c):
(c) LEAs shall require no more than five (5) paper copies of the application in addition to an electronic version of the application.
SECTION 8. Tennessee Code Annotated, Section 49-13-112(b)(3), is amended by designating the existing language as subdivision (A) and by adding the following language as new subdivisions (B) and (C):
(B) If the charter school chooses to contract with the LEA for facilities or services, except for contract services for employee benefits or Tennessee Consolidated Retirement System contributions, then the charter agreement may permit and require that the LEA withhold up to one percent ( 1%) of funds that are due to the charter school in each year of the first four (4) years of the charter school's operation; provided, however, that such withholding shall not exceed twenty thousand dollars ($20,000) annually. These funds shall be placed into an account to be held to reimburse LEAs for any monies owed to it by the charter school for payment and for any outstanding debts of the charter school should the charter school close within the first four (4) years of operation. At the beginning of the charter school's fifth year of operation, the LEA shall remit the accumulated funds, including any interest earned, to the charter school. This subdivision (B) shall not apply to charter schools in existence on January 1, 2013, nor to new or expanded charter schools that are sponsored by a sponsor which has operated a charter school in the LEA for more than four (4) years.
(C) Notwithstanding subdivision (B), if the charter agreement includes an agreement with the LEA for services for employee benefits or retirement, then the LEA may withhold funds to cover the costs of those services.
SB 3247
SECTION 9. Sections 1, 2 and 3 of this act shall take effect on January 1, 2013, the public welfare requiring it. All other sections of this act shall take effect July 1, 2012, the public welfare requiring it, and shall apply to sponsors submitting applications after the effective date of this act.
