Tennessee § 49-1-207 - Innovative educational programs.

§ 49-1-207. Innovative educational programs.

The commissioner of education may authorize up to twenty-four (24) school systems or any part thereof to operate as innovative educational programs that emphasize school-based decision making and the creation of small learning communities. Upon authorization of the local board of education, the director of schools on behalf of the school system or the principal on behalf of an individual public school may apply to the commissioner to operate the system or school in accordance with an alternative plan approved under this section by the commissioner. The principal may be authorized by the principal's performance contract to develop such a plan. Prior to application, the principal shall consult with the principal's faculty. Subject to the implementation and funding of the relevant federal program, additional individual schools that emphasize school-based decision making may be approved. The schools and systems shall be distributed throughout the state and not concentrated in any grand division. The commissioner has the discretion to approve the entire alternative plan or any part of it. The commissioner, in the commissioner's discretion, is authorized to waive any rules and regulations necessary to accommodate the implementation of a local plan. In exercising such discretion, the commissioner shall consider whether the proposed waiver will improve the educational opportunities and performance of the subject students by the application of a nonconventional curriculum and operational methods in innovative school programs developed by the use of local initiative and decision making. In these alternative programs, the commissioner may waive certain rules and regulations, including, but not limited to, regulations relative to reporting requirements and premium pay for educators, without giving rise to any contractual right to such pay. The commissioner of education shall only be authorized to waive regulations relative to health and safety after consultation with either the commissioner of health or the state fire marshal, or both, as appropriate. The commissioner of health or the state fire marshal, as appropriate, must determine that the proposed waiver does not constitute a threat to the health and safety of students and staff and must notify the commissioner of education in writing of such determination. No local plan approved by the commissioner of education shall reduce the level of state funding to an LEA under this title. At any time before the end of an approved alternative plan, the school principal on behalf of the principal's school or the local board of education acting through the director of schools may elect to terminate the alternative program and to return to operation under all applicable rules and regulations. The principal or the director of schools shall provide thirty (30) days' notice to the commissioner of an intent to withdraw from the alternative program. A local school board shall comply with the open meetings law, compiled in title 8, chapter 44, when it considers any alternative plan under this section. A school operating an innovative education program in accordance with this section is not a charter school and cannot convert to a charter school after being authorized under this section to conduct an innovative education program. Acts 1990, ch. 648, § 1; 1992, ch. 535, § 87; 2004, ch. 832, §§ 5, 6, 7; 2011, ch. 378, § 7. Compiler's Notes. Acts 2011, ch. 378, § 4 provided that nothing in the act shall be construed to abridge or impair a contract or agreement governing terms and conditions of professional service entered into by a board of education and a recognized professional employees' organization under the Education Professional Negotiations Act before June 1, 2011. Any such contract or agreement shall remain in full force and effect until the expiration of the contract or agreement. Cross-References. Grand divisions, title 4, ch. 1, part 2. Attorney General Opinions. Tuition and transportation for voluntary year-round school program, OAG 97-129, 1997 Tenn. AG LEXIS 162 (9/22/97). Authority to offer new grade levels to subset of eligible children, OAG 98-090, 1998 Tenn. AG LEXIS 90 (4/15/98), OAG 98-0132, 1998 Tenn. AG LEXIS 132 (7/28/98). With regard to a city school system's proposal to create and operate a nontraditional school under contract with a foundation, T.C.A. § 49-1-207 authorizes the commissioner to exercise her discretion by either approving the proposal, rejecting the proposal, or granting the proposal only in part, as she considers appropriate, OAG 02-093, 2002 Tenn. AG LEXIS 99 (8/28/02).