Tenn. Comp. R. & Regs. 0520-07-02-.06 - CATEGORY V: REGISTERED FOR OPERATION

(1) Schools in this category are registered for operation with the Department. Schools in this category shall not include independent home schools.

(2) Each school seeking registration for operation shall furnish to the Department the following information by October 15th of each year:

(a) Name, mailing address, and telephone number of the school;

(b) Name and academic credentials of the principal or head of school;

(c) Number of students in each grade level as of October 1 of current school year;

(d) Name and academic credentials of each teacher and the subjects taught by that teacher; and

(e) Certification that the school meets all requirements set forth in paragraph (3).

(3) Each school shall ensure compliance with the following:

(a) Keep on file the curriculum offered and make copies available for inspection by the Department and the public upon request.

(b) Each school shall comply with all of the laws, rules and regulations, and codes of the city, county, and state regarding planning of new buildings, alterations, and health and safety.

(c) Each school shall observe all fire safety regulations and procedures promulgated by the Tennessee Fire Marshal's Office.

(d) Each school shall conduct at least one (1) fire safety inspection annually based on the fire safety inspection checklist developed by the Tennessee Fire Marshal's Office, and maintain copies of the inspection reports, including findings of non-compliance and actions taken to comply for review by the Tennessee Fire Marshal's Office.

(e) Each school shall construct, remodel, renovate, expand, or modify school buildings or other structures in accordance with any state and/or federal requirements applicable to the school regarding building accessibility, which may include, but is not limited to, the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973.

(f) Each school shall comply with the requirement of Department of Health Rules and T.C.A. § 49-6-5001 that each child in school be vaccinated against disease, subject to any applicable exemptions set forth in State law or Department of Health Rules.

(g) Each school shall comply with the requirement of T.C.A. § 49-6-3007 that the names, ages, and addresses of all pupils in attendance be reported to the director of schools for the public school district in which the student resides.

(h) Each teacher shall possess at least a baccalaureate degree.

(i) At least once every school year, each school shall administer a nationally standardized achievement test covering, at a minimum, English language arts and math to each student in third (3rd) through eleventh (11th) grades. Results of the test shall be communicated to teachers and parents and kept on file at the school for at least one (1) calendar year. Examples of nationally standardized achievement tests include ACT/SAT and benchmark assessments. Schools may identify alternate assessments for students with the most significant cognitive disabilities.

(j) Each school shall ensure students entering Kindergarten have reached five (5) years of age on or before August 15 pursuant to T.C.A. § 49-6-201(b)(3) unless the principal or head of school finds through evaluation and testing, at the request of the parent or legal guardian, that a child who is five (5) on or before September 30 is sufficiently mature emotionally and academically to enter Kindergarten and the school has a policy permitting testing by the principal or head of school to obtain early admission to Kindergarten.

(k) Beginning in the 2026-2027 school year, each school shall have at least ten (10) full-time school-age students enrolled each school year.

(l) Each school shall conduct a criminal history records check prior to employment for any person applying for or holding a position as a teacher or any other position requiring proximity to school children. Criminal history records checks shall also be required for any person or employee of the person, corporation, or other entity who contracts with a school and who will have direct contact with school children or access to the grounds of the school when children are present. The criminal history records check shall be fingerprint based or social security number based and shall also include a check of the Tennessee and National Sex Offender Registries and the Tennessee Department of Health Abuse Registry. Schools shall also search the Tennessee educator licensure database (TNCompass) to determine if an applicant for a teaching position or any other position requiring proximity to school children has ever had a Tennessee educator license suspended or revoked for misconduct.

(m) Each school director shall comply with the reporting requirements set forth in T.C.A. § 49-5-417 and State Board Rule 0520-02-03-.09 with regard to any employee who possesses an active or expired Tennessee educator license.

(n) Each school shall maintain an operating schedule that includes the minimum number of instructional days (180) and minimum number of hours per day (61/2) required of public schools. In accordance with T.C.A. § 49-6-3004, a school that exceeds the required six and one-half (61/2) hours of instructional time per day for the full academic year shall be credited with the additional instructional time in amounts up to, but not exceeding, thirteen (13) instructional days each school year. Such excess instructional time shall be used in accordance with T.C.A. § 49-6-3004(e)(1). Schools that are unable to meet the required 180 instructional day requirement due to natural disaster or serious outbreak of illness affecting or endangering students or staff during the school year may request a waiver of the minimum instructional day requirement from the Commissioner.

(4) Monitoring and Revocation.

(a) Category V schools shall report all required data annually to the Department as required by State Board Rule 0520-07-01-.04 and in any Department-provided procedures.

(b) The Department shall notify a school of non-compliance with this Rule, State Board Rules Chapter 0520-07-01, and any applicable state or federal laws and establish a deadline by which the school shall show evidence of compliance. If the school does not come into compliance by the specified deadline, the Department may revoke the registration of the school after providing notice of revocation to the school. Revocation of the registration of the school shall take effect at the end of the school year in which the non-compliance was reported to the school, or on another date identified by the Department.

1. A school may appeal the revocation decision. Appeals must be submitted to the Department within fourteen (14) calendar days of the Department electronically sending the notice of revocation that is being appealed. The day that the Department sends the notice of revocation shall not count as part of the fourteen (14) calendar days. The Commissioner or Commissioner's Designee shall make a determination and issue an electronic notification to the appealing party within forty-five (45) calendar days of receiving the appeal.

Notes

Tenn. Comp. R. & Regs. 0520-07-02-.06

(For history prior to June 1987, see pages ii-iii). New rule filed April 24, 1987; effective June 8, 1987. Repealed and new rule filed March 16, 1992; effective June 29, 1992. Amendment filed October 29, 2008; effective February 28, 2009. Amendment filed March 24, 2014; effective August 29, 2014. Amendments filed August 11, 2017; effective November 9, 2017. Amendments filed May 17, 2023; effective August 15, 2023. Amendments filed March 18, 2024; effective 6/16/2024.

Authority: T.C.A. §§ 49-1-201, 49-1-302, 49-6-3001, and 49-50-801.