Tennessee § 4-6-143 - Special school district of penal and reformatory institutions.

§ 4-6-143. Special school district of penal and reformatory institutions.

The penal and reformatory institutions under the control of the commissioner of correction shall be a special school district, which shall be given the same funding consideration for federal funds that special schools within the state are given. The schools within such institutions shall be under the control of the commissioner who shall serve as the board of education and director of schools for such district. The schools shall meet the requirements of the law for public schools and rules and regulations of the state board of education. The commissioner of education may grant waivers for such provisions of the law and regulations with which the schools cannot comply because of the penal and reformatory function of the institutions on an annual basis and in response to the director of education's written request and justification. Such exceptions shall be in writing. Each teacher in the special school district shall receive annual compensation at a rate of one tenth (1/10) times twelve (12) of the annual compensation in effect in the county in which the respective institution is located or one tenth (1/10) times twelve (12) of the average of the annual compensation of all the counties that are contiguous with the county in which the respective institution is located, whichever is greater, solely out of the state appropriations made to the respective institutions. This subsection (d) shall not act to reduce the compensation currently paid any teacher in the special school district. To the extent such resources are available, federal funding resources shall be utilized to meet increased costs resulting from implementation of this subsection (d). Longevity shall not be paid to teachers in the special school district under both §§ 8-23-206 and 49-5-402. The commissioner of correction shall develop and implement a plan whereby there shall be sufficient substitute teachers available for temporary service as needed for each school composing the special school district. Nothing in the language of this section shall be construed as prohibiting any local school district from issuing a diploma to a resident of a state correctional institution, upon certification of the principal of a state correctional school. School records of any juvenile in the correctional programs who is issued a diploma by a local school district shall be maintained by such local school district; provided, that all references to the juvenile's commitment to and treatment by the department of children's services are expunged. The special school district of penal and reformatory institutions shall have the powers, privileges and authority exercised or capable of exercise by any other school district. The effect of this section shall not be to provide state funds to the special school district of penal and reformatory institutions through the basic education program (BEP). Acts 1974, ch. 647, §§ 1-3; 1977, ch. 322, § 1; 1977, ch. 411, § 1; T.C.A., § 4-655; Acts 1981, ch. 437, §§ 1-4; 1985, ch. 450, § 1; 1985 (1st Ex. Sess.), ch. 5, § 20; 1987, ch. 377, § 1; 1996, ch. 1079, § 16. Code Commission Notes. This section may be affected by § 9-1-116 , concerning entitlement to funds, absent appropriation. Compiler's Notes. Acts 1996, ch. 1079, § 184 provided: “Any provision of this act, or the application thereof, which is inconsistent with federal law, rule or regulation shall be deemed to be construed as being consistent with federal law, rule or regulation.” Cross-References. Discipline in special school district of penal and reformatory institutions, title 49, ch. 6, part 44. Law Reviews. A Critical Survey of Developments in Tennessee Family Law in 1976-77, VI. Juvenile Courts (Neil Cohen), 45 Tenn. L. Rev. 469 (1978).