Tennessee § 49-3-317 - Adjustments to reflect local changes.

§ 49-3-317. Adjustments to reflect local changes.

Whenever the operation of schools in any LEA is suspended by reason of epidemic, natural disaster or other justifiable cause, if so determined by the state board upon the written petition of the board, the suspension shall not operate to deprive the LEA of state funds to which it would be entitled, if the LEA otherwise meets the requirements of law. Notwithstanding subdivision (a)(1), the suspension of the operation of schools in an LEA during the 2019-2020 school year shall not operate to deprive the LEA of state funds to which the LEA would be entitled if the LEA otherwise meets the requirements of law. This subdivision (a)(2) does not require an LEA to petition the state board of education for a determination of an epidemic, natural disaster, or for other justifiable cause before an LEA may receive state funds under this part. For purposes of this subdivision (a)(2), justifiable cause exists for the 2019-2020 school year. Whenever the schools in any LEA are conducted on a year-round basis, the year-round basis shall not operate to reduce the level of state support to the LEA, and the commissioner shall make adjustments necessary to accommodate the year-round operation so as not to diminish state financial support. If, as of July 1 of any school year, there has been a change since the beginning of the previous school term in the boundaries of an LEA or, pursuant to § 49-2-106, the creation or reactivation of an LEA, that involves the shifting of students from one LEA to another, or two (2) or more LEAs enter into a joint agreement that results in the shifting of students from one LEA to another, then, in the distribution of state education funds, the commissioner shall determine, on the basis of information submitted to the commissioner by the appropriate boards, the ADM of students residing in the affected area, involved in the shift. If, as of July 1 of any school year, there has been a change since the beginning of the previous school term in the boundaries of an LEA or, pursuant to § 49-2-106, the creation or reactivation of an LEA, that involves the shifting of students from one LEA to another, or two (2) or more LEAs enter into a joint agreement that results in the shifting of students from one LEA to another, the commissioner shall upwardly adjust the ADM in favor of the LEA receiving students based on the number of students shifted; and the adjusted ADM shall be used in making the apportionment and distribution of state education funds. Notwithstanding any law to the contrary, if there has been a change since the beginning of the previous school term in the boundaries of an LEA or if, due to the creation or reactivation of an LEA, students are shifted from one LEA to another, the LEAs may adjust the salary schedules of persons employed by the LEAs in nonteaching positions based upon a compensation study. Allowed costs of educating students in other states under § 49-6-3108 shall be included in the state education funds of affected LEAs, as determined by the commissioner. Acts 1977, ch. 289, § 14; T.C.A., § 49-616; Acts 2001, ch. 284, § 11; 2005, ch. 452, §§ 1, 2; 2014, ch. 1006, § 1; 2020, ch. 652, § 9. Compiler's Notes. Acts 2005, ch. 452, § 4 provided that, to the extent the provisions of the act conflict with the provisions of title 49, chapter 3, the act shall prevail. For the Preamble to the act concerning severe weather, tornadoes and the COVID-19 threat, see Acts 2020, ch. 652. Acts 2020, ch. 652, § 13 provided that: “(a) The department of education shall promptly seek a waiver from the United States Department of Education, or seek to amend Tennessee's Every Student Succeeds Act (ESSA) Plan, as necessary and appropriate to implement this act. “(b) The state board of education shall promptly revise the high school graduation requirements for the 2019-2020 school year to ensure that high school seniors who were affected by school closures during the spring of the 2019-2020 school year do not fail to receive a high school diploma for which the student was on-track and otherwise eligible to receive on or before April 2, 2020. “(c) The state board of education shall consult with the department of education, Tennessee higher education commission, and public institutions of higher education to develop guidance, resources, and opportunities for high school students who were enrolled in dual credit or dual enrollment courses during the spring of the 2019-2020 school year, arid who were adversely affected by school closures due to COVID-19. “(d) Notwithstanding Tennessee Code Annotated, Section 4-5-208(a): “(1) The state board of education may promulgate emergency rules as necessary to address any issues created by school closures due to the outbreak of COVID-19 during the 2019-2020 school year. The rules must be promulgated according to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; and “(2) The Tennessee student assistance corporation and public institutions of higher education may promulgate emergency rules to protect the financial aid and credit opportunities for high school students who were enrolled in dual credit or dual enrollment courses during the spring of the 2019-2020 school year, and who were adversely affected by school closures due to COVID-19.” Amendments. The 2020 amendment added (a)(2). Effective Dates. Acts 2020, ch. 652, § 14. April 2, 2020. Cross-References. Disasters, emergencies and civil defense, title 58, ch. 2.