Tennessee § 49-1-104 - Maximum class size — Waiver — Split-grade classes.

§ 49-1-104. Maximum class size — Waiver — Split-grade classes.

It is the intent of the general assembly that every LEA move expeditiously and promptly toward the goals established in this section, and to that end, neither the commissioner nor the state board of education shall grant waivers from the maximum class sizes established in this section. Every public local school system shall have as a policy that pupil-teacher ratios should not exceed the averages prescribed in this section. In no school building shall the average size of any grade level unit prescribed in this section exceed the stated average, though any individual class within that unit may exceed the average; provided, that no class shall exceed the prescribed maximum size. Grade Level Average Maximum Class Size K-3 20 25 4-6 25 30 7-12 30 35 Career and Technical Education 20 25 Click to view table. The state board of education, in consultation with the state department of education, shall establish class size standards and case load standards for instructional personnel and teachers having the primary responsibility for the development, implementation and updating of a student's individualized education plan (IEP). In addition to case load requirements, these standards shall address class size in all classrooms that include students with disabilities and students eligible for special education services. The average pupil/teacher ratios in this section shall establish the minimum number of regular classroom teaching positions in a school exclusive of the principal, assistant principal, counselor, elementary art, elementary music, elementary physical education, librarian, special education or other specialized positions. Class size limits may be exceeded in such areas as typewriting, junior reserve officers' training corps (JROTC) and instrumental and vocal music classes; provided, that the effectiveness of the instructional program in these areas is not impaired. No local school system shall establish split-grade classes for the purpose of complying with this section. This subsection (e) does not prevent school systems from using transitional, ungraded or unstructured classes. No local school system shall establish split-grade classes for any purpose without the approval of the local board of education. The average size specified for the grade levels involved in split-grade classes will be the maximum size allowed in such classes, notwithstanding the maximum size otherwise allowed by this section. In the event of a natural disaster that results in the enrollment of displaced students, the commissioner of education may grant a waiver from the maximum class sizes established in this section. LEAs that use the career academy or small learning community model may extend class sizes in career and technical education (CTE) classes in grades nine through twelve (9-12); provided, that the CTE class sizes do not exceed the maximum class size set for general education classes in grades seven through twelve (7-12). LEAs may seek a waiver from the commissioner of education to extend the CTE class size average in grades nine through twelve (9-12); provided, that the CTE class sizes do not exceed the maximum class size set for CTE classes. Any LEA operating a virtual school or virtual education program shall not exceed the teacher/pupil ratio for virtual schools set by the state board of education. Notwithstanding subsection (a), the commissioner, upon request by an LEA, may grant a waiver from the average class sizes established in this section to assist the LEA in funding a grow your own program pursuant to criteria established by the department. As used in this section, “grow your own” means a partnership between an educator preparation provider, approved by the state board of education, and one (1) or more LEAs to coordinate a program for the preparation and licensure of teachers that integrates education content with a public school classroom internship that includes structured feedback and coaching from an experienced teacher serving as a mentor. Acts 1984 (1st Ex. Sess.), ch. 7, § 100; 1992, ch. 535, § 37; 2001, ch. 374, § 1; 2006, ch. 579, § 1; 2007, ch. 313, § 1; 2008, ch. 993, § 1; 2010, ch. 696, §§ 1, 2; 2012, ch. 558, § 1; 2012, ch. 999, § 1; 2015, ch. 55, § 2; 2015, ch. 182, § 7; 2018, ch. 669, § 1; 2018, ch. 725, § 1; 2020, ch. 587, § 1. Compiler's Notes. Acts 2018, ch. 669, § 2 provided that the act, which amended this section, shall apply to the 2018-2019 school year and each school year thereafter. Amendments. The 2020 amendment added (i). Effective Dates. Acts 2020, ch. 587, § 2. July 1, 2020. Attorney General Opinions. Construction of subsection (a), OAG 97-006, 1997 Tenn. AG LEXIS 4 (1/27/97).