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Tennessee General Assembly· HB 1308Comp. SB subst.

Education - As enacted, makes various changes to reporting requirements, school and district accountability, the accumulation of excess instructional time, remote instruction, the immunization status of students in state, the official text

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                            PUBLIC CHAPTER NO. 235

                                                    SENATE BILL NO. 1272

                                                       By Johnson, White

                                           Substituted for: House Bill No. 1308

                                    By Lamberth, Cochran, Haston, Davis, Littleton

AN ACT to amend Tennessee Code Annotated, Title 8, Chapter 50, Part 8; Title 49, Chapter 1, Part
          6; Title 49, Chapter 1, Part 9; Title 49, Chapter 10, Part 14; Title 49, Chapter 16, Part 2; Title
          49, Chapter 18, Part 1; Title 49, Chapter 2, Part 1; Title 49, Chapter 3, Part 1; Title 49,
         Chapter 3, Part 3; Title 49, Chapter 6, Part 1O; Title 49, Chapter 6, Part 30; Title 49, Chapter
          6, Part 31; Title 49, Chapter 6, Part 41; Title 49, Chapter 6, Part 50; Title 49, Chapter 1, Part
          2 and Chapter 1005 of the Public Acts of 2024, relative to education.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

          SECTION 1. Tennessee Code Annotated, Section 8-50-814(a)(2), is amended by deleting
the subdivision and substituting instead:

                    (2) "Eligible employee" means a teacher, principal, supervisor, or other individual
          required by law to hold a valid license of qualification for employment in the public schools of
          this state and who meets the following requirements:

                              (A) Has a valid license of qualification, or an emergency credential issued by
                    the department of education pursuant to § 49-5-106, required for the position the
                    employee holds;

                              (B) Has been employed full time with the same local education agency or
                    public charter school for at least twelve (12) consecutive months in a position for
                    which the employee is required by law to hold a valid license of qualification, or an
                    emergency credential issued by the department of education pursuant to § 49-5-106,
                    at the time of the birth, adoption, or stillbirth of the employee's child; and

                              (C) Has held a valid license of qualification or an emergency credential issued
                    by the department of education pursuant to § 49-5-106, for the entire twelve (12)
                    consecutive months of employment with the local education agency or public charter
                    school.

          SECTION 2. Tennessee Code Annotated, Section 8-50-814(d)(2), is amended by deleting
the subdivision and substituting instead:

                    (2) Each local board of education and public charter governing body shall adopt a
          policy that requires the six (6) workweeks of paid leave granted pursuant to this section to
          be:

                              (A)(i) Taken consecutively, except in extenuating circumstances, as
                              determined and approved by the director of schools or the director of the
                              public charter school, as applicable; or

                                        (ii) Taken non-consecutively, but in increments of no less than one (1)
                              week; and

                              (B) Used within twelve (12) months of the birth or stillbirth of the employee's
                    child or the employee's adoption of a newly placed minor child.
SB 1272

         SECTION 3. Tennessee Code Annotated, Section 49-1-201(c)(11), is amended by deleting
the subdivision and substituting instead:

                   (11) Upon request of the comptroller of the treasury, report the average daily
         membership of the preceding year, as determined and taken from the daily membership
         reports of the teachers and other officers of the various cities and counties, and the school
         census, as determined by the scholastic census enumeration;

         SECTION 4. Chapter 1005 of the Public Acts of 2024, is amended by deleting Section 5 and
by deleting subsection (f) in Section 6.

         SECTION 5. Tennessee Code Annotated, Section 49-1-225(f), is amended by deleting the
language "By July 1, 2025, and by each July 1 thereafter" and substituting instead "By February 1,
2026, and by each February 1 thereafter".

         SECTION 6. Chapter 1005 of the Public Acts of 2024, is amended by deleting "Sections 4-6"
wherever it appears in Sections 7 and 8 and substituting "Sections 4 and 6".

         SECTION 7. Tennessee Code Annotated, Section 49-1-907, is amended by deleting the
section.

         SECTION 8. Tennessee Code Annotated, Section 49-2-136, is amended by deleting
subsection (b).

         SECTION 9. Tennessee Code Annotated, Section 49-3-108, is amended by deleting
subsection (c) and substituting:

                   (c)(1) An LEA's allocated education funding must not decrease more than five percent
                   (5%) from one (1) year to the next year. If an LEA's TISA allocation decreases by
                   more than five percent (5%) from the LEA's TISA allocation for the prior school year,
                   then the department shall allocate additional funds to the LEA in an amount such that
                   the decrease in the LEA's TISA allocation for the current year is only five percent
                   (5% ), except that the department shall not allocate additional funds to an LEA
                   pursuant to this subsection (c) if the department is required to allocate additional
                   funds to the LEA pursuant to subsection (b).

                             (2) Beginning with allocations for the 2025-2026 school year, for purposes of
                   implementing subdivision (c)(1 ), the department shall determine whether an LEA is
                   eligible for additional funds pursuant to subdivision (c)(1) based on funds generated
                   by students in non-virtual schools only.

          SECTION 10. Tennessee Code Annotated, Section 49-3-359(c)(2), is amended by deleting
"June 1" and substituting "July 31".

          SECTION 11. Tennessee Code Annotated, Section 49-3-359(d), is amended by deleting the
language "BEP" and substituting instead "TISA".

          SECTION 12. Tennessee Code Annotated, Section 49-6-1012(9), is amended by deleting
the subsection and substituting instead:

                    (g) Upon request of the education committee of the senate and the committee of the
          house of representatives having jurisdiction over academic acceleration, the department of
          education shall submit a report to the requesting committee on the implementation of this
          section.

          SECTION 13. Tennessee Code Annotated, Section 49-6-3004(e), is amended by deleting
the subsection and substituting instead:

                    (e)(1) A local board of education, private school, or church-related school that
                    exceeds the full six and one-half (6 1/2) hours instructional time required by law by
                    one-half (1/2) hour daily for the full academic year must be credited with the
                    additional instructional time. The excess instructional time may be accumulated in
                    amounts up to, but not exceeding, thirteen (13) instructional days each year, referred
                    to as "stockpile days". Stockpile • days may only be applied toward meeting
                    instructional time requirements missed due to:

                                       (A) Dangerous or extreme. weather conditions;

                                       (B) Serious outbreaks of illness affecting or endangering students or
                              staff;

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SB 1272

                                       (C) Natural disaster or dangerous structural or environmental
                             conditions rendering a school unsafe for use;

                                       (D) School-wide or district-wide instructional planning meetings,
                             parent-teacher conferences, or other similar meetings; or

                                       (E) Faculty professional development that is in compliance with state
                             law and the rules and policies established by the state board of education.

                             (2) Stockpile days may only be used in whole day (six and one-half (6 1/2)
                   hours); half (1/2) day; or one-:-third (1/3) day increments.

                             (3) A local board of education, private school, or church-related school shall
                   maintain documentation of the purpose for each stockpile day used as required by
                   the department of education, including reasons for school closures and agendas for
                   professional development for audit purposes.

                             (4) An unused accumulated stockpile day must not be used for the purpose of
                   ending the school year early and cannot be carried over from one (1) school year to
                   the next.

         SECTION 14. Tennessee Code Annotated, Section 49-6-3004(i)(1 ), is amended by deleting
the language "two (2) days" and substituting instead "five (5) days".

         SECTION 15. Tennessee Code Annotated, Section 49-6-3004(i)(7)(A), is amended by
deleting the subdivision and substituting:

                   (A) When possible and safe, as determined by the LEA, make school meals available
         to students in accordance with the school nutrition program requirements on days that
         remote instruction is provided pursuant to this subsection (i); and •

         SECTION 16. Tennessee Code Annotated, Section 49-6-3115, is amended by deleting
subdivision (f)(2) and substituting:

                   (2) Subject to appropriation, the department may use funds to administer a grant
         program to assist LEAs and public charter schools in providing academic tutoring supports to
          students.

          SECTION 17. Tennessee Code Annotated, Section 49-6-4108(a), is amended by deleting
the first sentence of the subsection and substituting:

                   Upon the request of the department of education, each LEA shall submit a report to
         the department detailing the LEA's use of corporal punishment.

          SECTION 18. Tennessee Code Annotated, Section 49-6-4108(c), is amended by deleting
the subsection.

          SECTION 19. Tennessee Code Annotated, Section 49-6-5001(c), is amended by adding the
following as a new subdivision:

                    (4) A child in the custody of this state must not be denied admission to any school or
          school facility if the child has not been immunized or is unable to produce immunization
          records due to being in the custody of this state. The enrolling school shall comply with all
          federal laws pertaining to the educational rights of children in state custody, including, but not
          limited to, 20 U.S.C. § 6311 (g)(1 )(E).

          SECTION 20. Tennessee Code Annotated, Section 49-10-1405, is amended by deleting
subdivi_sion (a)(1) and substituting:

                    (1) Remit funds to a participating studen.t's IEA on at least a quarterly basis. Any
          funds awarded under this part are the entitlement of only the eligible student under the
          supervision of the student's parent. The maximum annual amount to which an eligible
          student is entitled under this part is equal to the amount representing the base funding
          allocation and the average special education funds generated by students with disabilities
          under the Tennessee investment in student achievement formula for the LEA in which the
          student's ·enrollment is reported for purposes of this part; provided, that if a participating
          student participated in the program in .the 2024-2025 school year, then that participating
          student must not receive an annual amount in the 2025-2026 school year or a subsequent
          school year that is less than the annual amount the participating student received in the
          2024-2025 school year. For purposes of funding calculations under this subdivision (a)(1 ),

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SB 1272

          each participating student must be counted in the enrollment figures for the LEA in which the
          student resides and is zoned to attend. The IEA funds must be subtracted from the state
         funds otherwise payable to the LEA;
          SECTION 21. Tennessee Code Annotated, Section 49-10-1402(3)(A), is amended by adding
the following as a new subdivision:

                    (xi) Deafness;
          SECTION 22. Tennessee Code Annotated, Section 49-3-312(a), is amended by deleting the
language "twenty (20)" and substituting instead the language "thirty (30)".
          SECTION 23. Tennessee Code Annotated, Section 49-18-109, is amended by deleting the
section.
          SECTION 24. Tennessee Code Annotated, Section 49-1-228, is amended by adding the
following as a new subsection:

                    (i) Notwithstanding subsection (a), student achievement, student growth, or any other
          student data that serves as an indicator of performance for a student who enrolls in, or
          transfers to, a public school for less than fifty percent (50%) of the school year must not be
          used to assign a letter grade to the receiving school for purposes of this section. The data
          described in this subsection (i) may be used to assign a letter grade to the school in which
          the student was enrolled for fifty percent (50%) or more of the respective school year.
          SECTION 25. Te.nnessee Code Annotated, Section 49-1-602, is amended by adding the
following as a new subsection:

                    (f) Notwithstanding another law to the contrary, the state board of education shall not
          include in the performance goals and measures for a public school or LEA, the student
          achievement, student growth, or any other student data that serves as an indicator of
          performance for a student who enrolls in, or transfers to, the public school or LEA for less
          than fifty percent (50%) of the school year. The data described in this subsection (f) may be
          included in the performance goals and measures for the public school or LEA in which the
          student was enrolled for fifty percent (50%) or more of the respective school year, if
          applicable.
          SECTION 26. This act takes effect upon becoming a law, the public welfare requiring it.

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         SENATE BILL NO. 1272

PASSED:  April 17, 2025

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                                             RANDY cNALLY
                               SPEAKER OF THE SENATE

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                         CAMERON SEXTON, SPEAKER
                        HOUSE OF REPRESENTATIVES

I APPROVED this :J..~ay o f ~  2025

         BILL LEE, GOVERNOR
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