April 26, 2004
Dear Sir:
You have the following question: What is a “school” for the purposes of Tennessee Code
Annotated, 55-8-153, which authorizes municipalities to set speed limits in school zones?
You would think that would be an easy question to answer, but it is not. There is no
definition of “school,” in that statute, nor in Tennessee Code Annotated, title 55, which contains
the traffic regulations of the state. In addition, there is not a single Tennessee case that defines
the word “school,” for the purposes of speed limits in school zones. The same is true with
respect to all other jurisdictions in the United States. One reason is that the state statutes in many
states on the subject define the word “school.”
The word “school” has frequently been defined in other jurisdictions for the purpose of
the interpretation and application of zoning statutes, statutes containing alcohol establishment
distance regulations, and even for determining what geographical territory constitutes a school
zone, but none of those cases are helpful with regard to what are “schools” for the purpose of
speed limits in school zones.
The MUTCD helps in a sort of left-handed way. Section 7.A.01 provides that, “A school
route for each school serving elementary to high school students should be prepared in order to
develop uniformity in the use of schools area traffic controls to serve as the basis for a school
traffic control plan for each school.”
At this point, it appears helpful to point out that in Harris v. Williamson County, 835
S.W.2d 588 (Tenn. App. 1992), the establishment of a school zone speed limit under Tennessee
Code Annotated, ' 55-8-152, is a discretionary function, that the statute authorized, but did not
require, the establishment of such speed zones. If that is so, there appears to be no reason why a
municipality could not adopt a policy with respect to which schools it will establish speed zones
under that statute.
In such an endeavor, Tennessee Code Annotated, ' 49-6-301, which is part of the
statutory scheme in Tennessee dealing with elementary and middle schools, contains the
following even more helpful definitions:
(a) “Elementary schools” are schools serving any combination of
grades kindergarten through eight (K-8);
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(b) “Middle schools” are elementary schools designated to serve
grades five through eight (5-8) or any combination thereof....
Tennessee Code Annotated, ' 49-6-401, which is part of the statutory scheme dealing
with secondary schools, contains the following definitions:
(a) “Junior high schools” are schools in which are taught any
combination of grades corresponding to grade seven through grade
10 (7-10); however the school must contain grade nine (9).
(b) “Senior high schools” are schools in which are taught any
combination of grades corresponding to grade nine through grade
twelve (9-12); however, the school must include grade twelve (12).
In addition, Tennessee Code Annotated, ' 49-6-101, provides that boards of education
operating elementary and/or secondary schools can operate preschools for children under six
years of age.
For the purpose of mandatory attendance at elementary and secondary schools, Tennessee
Code Annotated, ' 49-6-3001(c)(3), defines the following public and non-public schools:
(A) “Non-public school” means a church-related school, home
school, or private school;
(i) “Church-related school” means a school as defined in '
49-50-801;
(ii) “Home school” means a school as defined in ' 49-63050; and
(iii) “Private school” means a school accredited by, or a
member of, an organization or association approved by the
state board of education as an organization accrediting or
setting academic requirements in school, on which has been
approved by the state, or is in the future approved by the
commission in accordance with rules promulgated by the
state board of education; and
(B) “Public school” means any school operated by an LEA or by
the state with public funds.
It is probably not necessary to include home schools within the meaning of the speed
limits in school zones provision of Tennessee Code Annotated, ' 55-8-152, because that statute
applies when students are going to and from the school. For a similar reason, it is probably not
necessary to include preschools; generally, such children will not walk to or from school. But
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Page 3
that provision does not appear to distinguish between public and private schools. I suspect the
General Assembly intended that the word “school” in that statute apply to both public and private
schools.
Tennessee Code Annotated, ' 49-6-3001(c)(3) itself contains a useful guide as to which
public and private schools probably should be served by speed zones: those public and nonpublic elementary and secondary schools that are accredited under the rules and regulations
promulgated in the State Board of Education in Rules 0520-7-2-.01et seq. I have attached a copy
of those rules for your use. They appear to apply to both church-related and private schools that
have achieved state accreditation. In fact, Tennessee Code Annotated, ' 49-50-801 authorizes
church-related schools to apply for accreditation, and the above State Board of Education rules
reflect that statute.
Sincerely,
Sidney D. Hemsley
Senior Law Consultant
SDH/
Attachment