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TCA 49

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TCA 49-2-301
The duties of the director of schools is a vast number and this report only covers a small
portion. Every local board of education in the state is permitted to hire a director of school and
they must assign the responsibilities of the role. The director of schools is responsible for
ensuring faithful implementation of school related laws and rules. One must, for no additional
compensation, attend and participate as a member in meetings, keep electronic and book records
of the events of the meetings, and make recommendations that are in the best interest of the
public schools to the board. Voting, by the director of schools, on any item or recommendation is
not allowable. The director of schools has general supervision of all schools within the district.
One should visit on occasion, observe the condition and improvement of the schools and report
information back to the board.
The expectation is the director of schools will require the usage of the state course of
study for public schools along with the system of promoting students through grades. The
director of schools is required to sign all certificates and diplomas for students who complete the
courses of study necessary for elementary and high school.
The director of schools makes recommendations for tenure and salaries of teachers. They
will assign teachers /educational assistants to schools, keep records of all teaching licenses, and
file all employee contracts with the board. Teachers or principals should receive a list of the
students zoned for their school by the director. In addition, the director of schools is required to
make written quarterly reports of all financial matters to local legislative body. One is also
required to attend all quarterly and annual settlements of the county trustee with the county
mayor covering all school funds received from the state, county and all other sources.
TCA 49-2-303
The director of schools should hire principals for public schools. The contract for each
principal is renewable and should be in writing and not longer than the contract term of the
director of schools. The contract will state a principal’s performance standards for an annual
evaluation must be based on student achievement data, with a large portion being student growth
data, which is reflected in TVAAS. Graduation rates and ACT scores, as applicable, and student
attendance may be included in performance standards. Consequences and any bonuses related to
meeting performance standards should be stated in the contract. Reasons for nonrenewal of a
principal’s contract may be inadequate performance; however, nonrenewal can occur for a
various reasons. When recommending or hiring a principal, it should be with no discrimination
of age, race, sex or creed. The principal must hold the correct licensure type as determined by the
state board.
Principals are responsible for the supervision and managing of employees and school
facility, making recommendations to the director of schools regarding hiring and dismissing of
employees and making decisions for specific duties of all school employees. They must be
consistent with the policies of the board of education and ensure teachers are teaching where
they are licensed. Principals are responsible for overseeing and executing the school behavior
and discipline code. The principal should require visitor passes for any person entering the
campus with the exception of employees and students. All duties of the contract must be
performed and they must observe all rules and laws related to public schools. They should assign
educational assistants to noninstructional supervision of students. Preparation and submission, to
the director upon request, of school budget is the responsibility of the principal. When school is
in operation, limiting access to monitored entrances is encouraged.
TCA 49-5-1003
In order for an educator to comply with the Techer Code of Ethics, the maintenance of
certain obligations to students is necessary. Every student should realize their potential and worth
as a member of society and educators must strive to help students reach this understanding.
Educators must work to make students curious and ready to explore, gain knowledge and
understanding, and thoughtful preparation of earnest goals. To fulfill the obligation to the
student, an educator take many different actions.
Educators are expected to follow any applicable state and federal laws. They must use
accepted best practices and provide professional education services in a nondiscriminatory way.
An educator is required to respect and value the constitutional rights of each student. It is
imperative that educators respect the constitutional rights of students and they should not
arbitrarily deny access to various points of view. One must be intentional with preparation of
materials and presentation to avoid distorting any content and an educator must never
intentionally withhold a subject matter.
To fulfill the obligation to the student, educators must make every reasonable effort to
keep students safe, away from situations that could deter learning, and protect their emotional
well-being. The role of the educator is to never intentionally embarrass or belittle a student
because the obligation is to help each student realize his or her potential and worth. A student
must not be unfairly excluded from participating in any program, denied benefits or granted any
advantage over another student based upon discriminatory practices. When an educator interacts
with students, they should never engage in any activity that could be construed as inappropriate,
harmful, or threatening toward the student. A professional approach, at all times, with all
students is imperative.
TCA 49-5-1004
The education profession is trusted by the public and requires meeting the highest ideals
of professional service. The quality of the services the educator provides is directly related to the
citizens of this nation. The educator must put forth every effort to have high professional
standards, promote an environment that encourages the usage of professional judgement, to
attain settings that attract people, that are worthy of the trust, to occupations in education and
prevent unqualified people from working in the profession. To fulfill the educator’s obligation to
the profession listed above, educators should not take specific actions as listed in the code and
discussed below.
An educator should not intentionally make a false statement or fail to disclose a
substantial fact regarding the ability and qualifications on an application for a job. They should
not falsify their professional qualifications nor should they assist an unqualified person in
obtaining a job in the profession. They should not intentionally make an untrue statement about
the qualifications of an applicant for a professional position. Educators should refrain from
helping people, without authorization, with the practice of teaching.
Educators should keep information they obtain about their colleagues while working
private unless the information serves a compelling professional purpose or required by law.
There should not be untruthful or malicious statements made about colleagues. It is not
acceptable to take any type of donation, gift or a favor that may damage or seems to sway
professional decisions or actions. Educators should not use illegal drugs. To fulfill their
obligation to the profession, educators should administer state-mandated assessments properly
and ethically. Educators must behave in a way that will maintain the dignity and integrity of the
education profession at all times.
TCA 49-6-1004
Students and teachers are required by to observe a one-minute moment of silence at the
beginning of each school day in order to prepare themselves for the events of the school day.
This moment of silence should be observed at the beginning of the first class of the day before
any other event occurs. It is the responsibility of the teacher to ensure each student observes it
every morning. The teacher may not encourage students to participate in any specific action
during this time, but they should maintain silence within the classroom for the entire period.
After the moment of silence is observed, the teacher should carry on with class and make any
other morning announcements or complete any other class business before instruction begins for
the school day. In schools that are funded, in part or whole, by the state students or others are
allowed to pray during the moment of silence, but teachers or no other school authority can tell
students how to pray or what their prayer should contain. Teachers or no school official should
encourage or promote any type of activity by the student during the moment of silence.
Nonsectarian and nonproselytizing voluntary benediction, invocation or prayers that are
started and given by a student volunteer and/or student volunteers are permissible. Student
volunteer(s) may initiate and lead prayers on public school property during student assemblies,
school-related sporting events and school related commencements as long as law
(noncompulsory) does not require the students to attend the events. Permission by the state
should not be interpreted as the government or any governmental entity is showing support
and/or approval of the contents of the benedictions, invocations or prayers. This should in no
way be indicative that the state or any governmental entity is promoting or attempting to
establish any form of religion, promote some type of religious belief or religious groups.
TCA 49-6-3401
This code authorizes any principal, principal-teacher or assistant principal of public
schools in Tennessee to suspend a student from attending school and school sponsored events, or
from the school bus, with good and sufficient reasons. Suspension is allowable when students
intentionally break school rules, use immoral conduct, vulgar/profane language, or threaten
violence against personnel or students at the school. Damaging the school or the property of any
other person can result in an allowable suspension. Suspension is authorized when a student uses
or brings unlawful drugs, a firearm, a knife or any other weapons onto school property. Fighting
or any other conduct, on or off campus, which prevents good order and discipline in the public
school, is viewed as a good and sufficient reason for suspension.
Principals, principal-teachers or assistant principals can suspend students from a specific
class (es) or school sponsored activity without suspending them from attending school (in-school
suspension) for good and sufficient reasons. Good and sufficient reasons include, but are not
limited to any of the following behaviors: ones that negatively affects the safety and well-being
of other students, disruptive to a class or school sponsored activity, or prevents good order and
discipline from occurring in class, during activities sponsored by the school or on the campus.
The only time a suspension can occur without a student being advised of the misconduct,
questioned and allowed to give an explanation is in an emergency. Parent notification is required
within 24 hours of suspension, unless it is ISS of one day or less. The suspension should not be
longer than 10 days and if it is more than 5 days then a principal will create a behavior plan. If
there is a reason to suspend for more than 10 days, the parent or guardian and student may appeal
the decision to the appropriate authority. The appropriate authority conducts a hearing and
renders a decision while following the regulations set forth in this code.
TCA 49-6-8004
An employee of a school has specific rights and they may carry them out as long as they
meet the following conditions; they do not interfere with other employees rights, do not disrupt
the educational process, and they do not harass or try to persuade other employees to participate
in the activity. There are several religious activities protected by this code. Employees of schools
may read religious books during noninstructional times. Quiet prayer or saying grace before a
meal, meeting with other school employees for prayer or study of the scripture before or after
school and/or during the employee’s lunch break are protected activities. Employees may also
wear religious attire or jewelry assuming it does not disrupt the school environment.
School employees may take action if not permitted to engage in the above activities after
they have exhausted the required administrative remedies. The first administrative step an
employee should take is reporting the complaint to the principal of the school. If the concerns are
not addressed, then the next step in the administrative process is to make a complaint in writing,
with detailed facts of the alleged violation, to the directors of schools. The director of schools is
required to investigate and take suitable action to ensure the employees’ rights are not being
violated within thirty days of receiving the complaint. After the director of schools enacts the
investigation and action, then an employee has the right to pursue any other legal action
regarding the matter. If it is determined that the rights, under this code, of a school employee
have been violated by a public school, then the employee may use this to initiate an action or as a
defense in a judicial proceeding, administrative or disciplinary hearing and they may get a
temporary injunction against the school. If a school employee wins the claim they brought
against a public school for violation of their rights, then they may be awarded reasonable
attorney fees and costs.
TCA 49-6-8103
As of the 2012-2013 school year, any public school student may complete an early high
school graduation program to be eligible for an unconditional entry into a public higher
education institution, when certain criteria are met. A student who wants to complete an early
graduation program should make their intent known to the principal before beginning ninth grade
or when the intent is known. The student should complete a form provided by the department of
education and obtain a parent signature to let the intent be known.
For a student to be eligible for early graduation and qualified for unconditional entry into
a public two or four-year higher education institution students must achieve a benchmark score,
determined by state board of education, for each class requiring an end of course examination.
They must complete and receive eighteen credits in the following areas: English I-IV, algebra I
and II, geometry, United States history, two classes in the same foreign language, one course
chosen from economics, government, world civilization, or world geography, one course chosen
from history and appreciation of visual and performing arts or a standards based arts course,
health, physical education, biology, and chemistry. The student must have a cumulative grade
point average of no less than 3.2 on a 4-point scale. They must take the ACT or the SAT and
meet the benchmark requirements that are determined by the Tennessee higher education
commission for mathematics and English. In addition, students intending to graduate early must
obtain an appropriate benchmark score, determined and approved by the board of education, on a
world language proficiency assessment. There is a requirement that minimum of two courses for
credit must be received from AP, IB, dual enrollment or dual credit courses. Courses may be
completed in middle school. Students may take two years of English per year and they are not
required to meet any additional graduation requirements set forth by the state board.
Reference
Tennessee Code Annotated-Free Public Access. (n.d.). Retrieved October 29, 2020, from
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