Frequently Asked Questions
PreK-12 Education in Tennessee
Elementary and secondary education in Tennessee is governed by Federal law, Tennessee statutes, State Board of Education Rules and policies of local education agencies (LEAs). Most state statutes governing education are contained in Title 49.
The State Board of Education is the governing and policy making body for the Tennessee system of public elementary and secondary education. The Board also coordinates its efforts with the State Department of Education, which implements law and policies established by the General Assembly and the Board.
Although the State Department of Education has some regulatory authority over local education agencies with regard to certain issues, most issues related to elementary and secondary education are under the authority of local school systems. Pursuant to TCA Section 49-2-203, a local board of education has the authority to "manage and control all public schools established or that may be established under its jurisdiction." Therefore, most questions and concerns can only be addressed by local schools and school districts.
Below are some frequently asked questions regarding education law and policy, with links to relevant statutes or rules. In most situations, local board policy, available from your local school district, dictates procedure. Most Tennessee school districts have their local policies available online.
The questions below are sorted by subject area. Simply click on the question and you will be redirected to the answer below. Links to Tennessee Code Annotated redirect you to a page where all Tennessee statutes are accessible. When you get to that page, use the table of contents on the left or
enter the code section (e.g., 49-1-301) in the search field.
General questions
Who do I call with a concern about something that happened at my child's school?
What requirements must a school support organization meet?
Enrollment and assignment to schools and grades
How old must my child be to attend school?
What if I want my child to be assigned to a different school?
Who determines grade placement of students?
Must students present a social security number to be enrolled?
Are there exceptions for complying with the immunization requirement?
Attendance and Truancy
How do I find out if my child is truant?
When can a student quit school?
Are students enrolled in GED programs excused from compulsory attendance?
Are there any state requirements regarding attendance policies?
What documentation do I need to obtain my driver's license?
School Records
What names are used on student records?
Are school records confidential?
What school records may a non-custodial parent access?
How do I get a copy of my diploma?
Grades and Graduation Questions
How are high school grades determined under the Uniform Grading Policy?
Who gets to participate in graduation ceremonies?
Homeschool Questions
What are the requirements for conducting a homeschool?
Is homeschool attendance reported?
Charter School Questions
What are public charter schools?
Who may attend public charter schools in Tennessee?
Custody Issues
May a non-custodial parent/guardian make educational decisions on behalf of a minor child?
What school records may a non-custodial parent access?
School Fees
What school fees may a school charge?
Student Discipline
Where can I find more information about student discipline issues? Teachers, Administrators and Board Members
Who has authority over teachers, administrators and board members?
What are the ethics standards for Tennessee teachers and administrators?
ANSWERS
Who do I call with a concern about something that happened at my child's school?
Because the day to day operation of schools is governed by local boards of education, most concerns can only be addressed by the local school district and school. Therefore, concerns should first be shared with the school. Local school districts usually have staff assigned to each particular area of school operations who can also provide assistance.
Depending on state law and local board policy, some decisions of principals may be appealed to the director of schools (for example, suspension decisions from a due process hearing) or to the local board of education (for example, student assignment to a school). However, neither the State Department of Education nor the State Board of Education has authority to overturn the decisions of local boards of education. Local boards of education supervise the director of schools. Members of local boards of education are elected by the voters in their district.
If you feel that your child is being discriminated against because of disability, national origin, sex or race, you should contact the local school district's civil rights officer and/or the Department of Education's Office of Civil Rights.
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How old must my child be to attend school?
Kindergarten:
"Children entering kindergarten shall be five (5) years of age on or before September 30 of the current kindergarten term." TCA 49-6-201(b)(3).
"However, a child does not have to enroll in school at five years of age, but enrollment must occur no later than the child's sixth birthday.
"Any transfer student applying for admission who was legally enrolled in an approved kindergarten in another state and who will be five years of age no later than December 31 of the current school year, shall be enrolled." SBE Rule 0520-1-3-.03(10)(a). So, a child entering school during the fall from another state may enter kindergarten as long as the child turns five that calendar year and was enrolled in an approved kindergarten in the other state.
First Grade:
"No child shall be eligible to enter first grade . . . without having attended an approved kindergarten program; provided, that a child meeting the requirements of the state board of education for transfer and/or admission, as determined by the commissioner, may be admitted by an LEA, notwithstanding any other provision or act to the contrary." TCA 49-6-3106.
Depending on local board policy, children may be allowed to go from kindergarten directly to second grade. TCA 49-6-3106.
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What if I want my child to be assigned to a different school?
Decisions regarding student enrollment are left to local boards of education. TCA 49-6-3102(b). TCA 49-6-3103 lists some factors local boards may consider in making such determinations. Parents/guardians may appeal enrollment decisions within 10 days of the assignment, to the local board of education. TCA 49-6-3201-3206 (within 10 days of the assignment).
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Who determines grade placement of students?
Local school systems are required to develop and implement grading, promotion, and retention policies. The policies shall be communicated annually to students and parents. (State Board Rule 0520-1-3-.05). In many districts, principals and/or teachers make the final determination regarding whether a student should be retained or promoted to the next grade.
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Must students present a social security number to be enrolled?
No. In 2007, the State legislature deleted the statute making social security numbers the method of student identification. Schools may ask for social security numbers to use as a school ID, but no student is required to provide a social security number. Federal law prohibits state or local government agencies from denying an "individual any right, benefit, or privilege provided by law because of such individual's refusal to disclose his social security account number." Sec. 7(a)(1) of the Privacy Act (found at 5 U.S.C. § 552(a) note (Disclosure of Social Security Number)). This information is available on the U.S. Dept. of Justice's website, at: http://www.usdoj.gov/04foia/1974ssnu.htm.
For schools using another number for all students, or for those students who do not wish to provide a social security number, another unique number should be used as a personal identification number. See the Department of Education's attendance manual, section E-101 (available at:
http://www.state.tn.us/education/attendancemanual05/Section%20E.pdf).
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Are there exceptions for complying with the immunization requirement?
Immunizations are required for school attendance. The Department of Health is authorized to determine which immunizations are necessary. (TCA § 49-6-5001).
http://www2.state.tn.us/health/CEDS/required.htm.
Information on where to receive vaccines is available on the Department of Health's website: http://www2.state.tn.us/health/Ceds/immunization.htm.
The law provides an exception if the immunization would conflict with the parent/guardian's religious tenets and practices documented by sworn statement of parent/guardian) or if the child has not been immunized for medical reasons (documented by physician's statement). (TCA § 49-6-5001).
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How do I find out if my child is truant?
Local boards of education enforce the compulsory attendance laws. Principals are required to report to the director of schools whenever a student is absent for five days without adequate excuse. The director of schools or the person to whom the director has delegated that task is to notify parents/guardians each time a student is absent for five unexcused days. (TCA 49-6-3007).
The attendance section within the Division of Accountability in the State Department of Education may be able to provide you with further assistance. You may contact them at: http://tennessee.gov/education/schapproval/attendance.shtml or 615-532-4730.
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When can a student quit school?
Tennessee requires children ages 6-17 (inclusive) to attend school. 18 year olds are not required to attend school. Certain children ages 6-17 may be temporarily excused from attendance if they meet the exceptions outlined in TCA 49-6-3005. However, the local board of education "shall be the sole judge in all such cases."
There is an attendance section within the Division of Accountability in the State Department of Education. They may be able to provide you with further assistance. You may contact them at: http://tennessee.gov/education/support/approval/attendance.shtml or 615-532-4730.
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Are students enrolled in GED programs excused from compulsory attendance?
Yes. The statutory provisions regarding compulsory attendance (in TCA 49-6-3001) do not apply to "any child who . . . [i]s enrolled and making satisfactory progress in a course leading to a general educational development certificate (GED) from a state-approved institution or organization, or who has obtained such certificate." (TCA 49-6-3001(c)(2)(B)). The Department of Labor & Workforce Development manages GED programs at the state level.
There is an attendance section within the Division of Accountability in the State Department of Education. They may be able to provide you with further assistance. You may contact them at: http://tennessee.gov/education/support/approval/attendance.shtml or 615-532-4730.
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Are there any state requirements regarding attendance policies?
State law grants local boards of education the authority to establish attendance policies. Those policies must be developed with the following guidelines:
(1) Attendance policies shall be firm but fair so that each student has a reasonable opportunity to meet the minimum requirements;
(2) Effective accounting and reporting procedures shall be developed to keep parents or guardians informed of a student's absence from class;
(3) Policies shall accommodate extenuating circumstances created by emergencies over which the student has no control;
(4) Appeal procedures shall be included to assure the student's right of due process; and
(5) Alternative programs shall be established to provide educational options for any student who severely fails to meet minimum attendance requirements.
- Tenn. Code Ann. 49-6-3002.
There is an attendance section within the Division of Accountability in the State Department of Education. They may be able to provide you with further assistance. You may contact them at: http://tennessee.gov/education/support/approval/attendance.shtml or 615-532-4730.
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What documentation do I need to obtain my driver's license?
Driver's license applicants under the age of eighteen (18) must present a diploma or certificate of graduation. If the applicant cannot present either of those, the under-18 applicant must provide documentation showing that the applicant is:
(1) Enrolled and making satisfactory progress in a course leading to a general educational development certificate (GED) from a state-approved institution or organization, or has obtained such certificate;
(2) Enrolled and making satisfactory progress in a secondary school of this state or any other state; or
(3) Excused from such requirement due to circumstances beyond the applicant's control.
- Tenn. Code Ann. 49-6-3017.
A Certificate of Compulsory School Attendance should be completed by the applicant's school (see http://www.tennessee.gov/safety/driverlicense/dldocuments.htm#proof). More detailed instructions are available from the Tennessee Department of Safety: http://tennessee.gov/safety/dlhandbook/05chap3.pdf.
Back to top What names are used on student records?
Tennessee law requires schools to identify students (regardless of age) by
the names on the students' birth certificates (Tenn. Code Ann. 49-6-5106): "such student shall be known by such lawful name in all facets of school records, report cards, student testing and any school activities." Schools may change names on student records due to marriage or following a court order, only after receipt of a marriage certificate or court order.
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Are school records confidential?
Student grades are considered confidential information under state (TCA § 10-7-504(a)(4)(A)) and federal law (20 USCS 1232g). They may not be released without the consent of parents/guardians of minor students.
Student records are defined in Tennessee code as: "Information . . . relating to academic performance, financial status of a student or the student's parent or guardian, medical or psychological treatment or testing . . . ."
Some specific information is not considered part of student records: "Statistical information not identified with a particular student . . . ; and information relating only to an individual student's name, age, address, dates of attendance, grade levels completed, class placement and academic degrees awarded . . . ." (TCA 10-7-504(a)(4)(A)).
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What school records may a non-custodial parent access?
Both state and federal law give non-custodial parents access to children's educational records, including " a copy of the child's report card, notice of school attendance, names of teachers, class schedules, standardized test scores and any other records customarily available to parents." (TCA § 49-6-902. Non-custodial parents should request copies of these records in writing. If a non-custodial parent is denied access to the records, the parent may complain to the Office of Family Compliance in the U.S. Dept. of Education, which enforces parental rights under the Family Educational Rights and Privacy Act (FERPA) (this page includes information about where to address complaints).
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How do I get a copy of my diploma?
Copies of diplomas may be obtained from the Tennessee Dept. of Education. Please call 615-532-4867, or send an email to tned.repdiploma@state.tn.us for more information. A form is available online: http://tennessee.gov/education/DuplicateDiplomaRequest.pdf.
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How are high school grades determined under the Uniform Grading Policy?
The uniform grading scale was developed to provide one grading standard so all TN students have an equal opportunity to earn a state scholarship. For the purposes of determining eligibility for the lottery scholarships, Tennessee ’s Uniform Grading System was effective as of July 1, 2006 .
Use of the scale is legislatively mandated so one grading scale is used to assure all TN students have an equal opportunity to earn a state scholarship. The state requires that grades be reported on a 4.0 GPA scale for purposes of lottery scholarships.
For purposes of weighting honors, IB or AP courses, extra points may be added to the student’s grade. The policy sets the number of additional points that may be added. How the additional points are added to grades to calculate the semester average is the decision of the local district. Points may, for example, be added to each test or homework assignment, added at the end of a grading period, or added to the semester average. They may only be added once, however. In practice, it seems that adding the points for honors, etc. at the end of a grading period and to the semester exam is the most reasonable approach. For example, a grading period average of 92 in an honors course would be reported as a B (3.0) unless the 3 points for honors were added to move the grade to a 95 which would be reported as an A (4.0).
If a student’s average in a class exceeds 100 (for example 100 + 3 for an honors course) the transcript submitted for a state scholarship may not have a GPA that exceeds a 4.0. It is up to the district if the 103 average is weighted differently for class rank or graduation honors.
How a local education agency determines class rank and valedictorians is not related to the uniform grading policy and is left to local discretion.
To read the entire policy, incorporated in State Board Rule 0520-1-3-.05, see page 11 of the following rule: http://state.tn.us/sos/rules/0520/0520-01/0520-01-03.pdf.
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Who gets to participate in graduation ceremonies?
The state does not dictate who may participate in graduation exercises. State Board rules determine requirements for regular diploma, certificate of attendance and special ed. diploma, but LEAs determine who gets to participate in graduation exercises.
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What are the requirements for conducting a homeschool?
Homeschool requirements are outlined in TCA § 49-6-3050. The Department of Education maintains a website with more detailed homeschooling information:
http://www.state.tn.us/education/homeschool/.
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Is homeschool attendance reported?
For the attendance reporting requirements, please see:
http://www.state.tn.us/education/homeschool/.
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What are public charter schools?
Charter schools are public schools operated by a non-profit organization and funded on a per-pupil basis like all other public schools in the district. The Tennessee Legislature passed the Tennessee Public Charter School Act in order to meet the following objectives (TCA § 49-13-102):
- Improve learning for all students and close the achievement gap between high and low students;
- Provide options for parents to meet educational needs of students in high priority schools;
- Encourage the use of different and innovative teaching methods, and provide greater decision making authority to schools and teachers in exchange for greater responsibility for student performance;
- Measure performance of pupils and faculty, and ensure that children have the opportunity to reach proficiency on state academic assessments;
- Create new professional opportunities for teachers; and
- Afford parents substantial meaningful opportunities to participate in the education of their children.
For more information on public charter schools in Tennessee, please visit the Dept. of Education's page on charter schools. A listing of currently operating public charter schools is also available online.
Back to top Who may attend public charter schools in Tennessee?
The following students are eligible to attend charter schools in Tennessee:
- Students previously enrolled in a charter school;
- Any student currently zoned to attend a school failing to make adequate yearly progress; or
- Any student who, "in the previous school year, failed to test proficient" on the reading or math portions of the TCAP or on the language arts/reading or math Gateway.
For more information on public charter schools in Tennessee, please visit the Dept. of Education's page on charter schools. A listing of currently operating public charter schools is also available online.
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May a non-custodial parent/guardian make educational decisions on behalf of a minor child?
Tennessee law allows parents/guardians to sign powers of attorney granting someone else authority to make educational decisions on behalf of the students. Parents/guardians must document that a hardship necessitating the grant of authority exists. (TCA § 34-6-304). Local school boards may, in their discretion, accept these powers of attorney if they determine that a hardship exists. The Department of Children's Services has a specific form that may be used for the power of attorney.
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What school fees may a school charge?
School fees are governed by state law and rule, and local board of education policy. Only those fees authorized by the local board of education may be charged, and payment of "school fees" may not be a condition to attending the public school or using its equipment. (TCA § 49-2-110(c)). In other words, no student may be required to pay school fees as a condition of attending school. Statutes (TCA § 49-2-114) and State Board of Education Rules define what may be included in school fees. State Board Rule 0520-1-3-.03(14), available online at: http://state.tn.us/sos/rules/0520/0520-01/0520-01-03.pdf. This rule notes, for example, that schools may request, but no students may be required to pay a fee "for activities and supplies required to participate in all courses offered
for credit or grade, including interscholastic athletics and marching band if taken for credit in accordance with local board policies." This information is also detailed on the State Department of Education's website:
http://tennessee.gov/education/support/feeinterpretmemo.shtml.
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Where can I find more information about student discipline issues?
Tennessee law gives local education agencies authority to establish and enforce student disciplinary policies. The Tennessee Code sections on school discipline begin at TCA § 49-6-4012. Zero-tolerance offenses, including drug possession, are covered in § TCA 49-6-4216. Laws on suspension are covered beginning with TCA § 49-6-3401.
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Who has authority over teachers, administrators and board members?
LEAs have complete authority over personnel issues regarding school and district employees. Local board members are elected officials. (TCA § 49-2-201). Local boards of education employ the director. (TCA § 49-2-301). Directors oversee all district employees under the direction of the local board of education. (TCA § 49-2-301).
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What are the ethics standards for Tennessee teachers and administrators?
Ethical violations may lead to employment actions against teachers or administrators. Certain violations may also caused licensed teachers or administrators to lose their licenses.
Teacher employment standards are outlined in Tennessee Code Annotated 49-5-501 (definitions of terms) and 49-5-511 (grounds for termination of tenured teachers). TCA § 49-5-501 requires all Tennessee teachers to follow the Tennessee Education Association's Code of Ethics. Failure to do so may constitute "unprofessional conduct" and result in termination of a tenured teacher.
State Board of Education Rule 0520-2-4-.01(9) outlines the grounds for which teachers or administrators may have their teaching or administrative licenses suspended or revoked. More information about the process for licensure actions is available here.
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What requirements must a school support organization meet?
A. In 2007, the legislature enacted the “Local Education Support Group Financial Accountability Act of 2007.” [link to:http://tennessee.gov/sos/acts/105/pub/pc0326.pdf] This law requires each local school board to adopt a policy regarding local education support groups. It also prohibits the authorization of such groups until a policy has been adopted. The law defines student activity funds and school support group organization funds and specifies provisions and restrictions for each. It also prohibits a school employee from acting as a treasurer or bookkeeper for a school support organization.
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