Tennessee § 49-6-101 - Preschools generally — Special services.

§ 49-6-101. Preschools generally — Special services.

Any board of education operating public elementary or secondary systems of education under the laws of this state may provide for, establish and maintain schools for children under six (6) years of age under such rules and regulations as may be prescribed by the state board of education. The school boards shall be authorized to receive and accept any federal funds or state funds that hereafter may be specifically appropriated for preschool purposes, or gifts, donations or grants that may be received for such purposes, and to expend the funds in conformity with the provisions that may be set forth in the appropriations, grants, gifts or donations. Schools for preschool children organized as public schools or as public school classes under parts 1 and 2 of this chapter shall be maintained and supported from local taxes or from such local tax funds supplemented by any federal funds or state funds that hereafter may be appropriated specifically for preschool purposes, or from such gifts, donations or grants as may be received for preschool purposes. State funds appropriated for grades kindergarten through twelve (K-12) and any local funds that are required for participation in the basic education program shall not be used for preschool purposes. In the event that an appropriation is made by the state for preschool purposes, the average daily attendance of the preschool age pupils shall be reported to the department of education in such manner and on such forms as shall be prescribed by the commissioner. Except as otherwise provided in this part, the state board of education, through the commissioner, shall exercise general control over all schools or classes operated under parts 1 and 2 of this chapter, and the school board, having immediate control of such schools or classes, shall at all times have complete jurisdiction and control over such schools, including the employment of teachers, attendants and any other employees, and shall have complete control, subject to the supervision of the commissioner, of the expenditure of such funds in connection with the establishment and maintenance of such schools. This part and part 2 of this chapter shall not apply to any preschool age units now being operated by any incorporated city for the benefit of children of working mothers, without the approval of the city officials. Through a system of competitive grants and technical assistance provided as funding is available, the department of education may establish, administer, and monitor programs of community-based early childhood education and pre-kindergarten programs to serve at least five thousand (5,000) children; provided, that the pilot pre-kindergarten programs established pursuant to this section shall be funded at the same level as the funding for pre-kindergarten programs implemented pursuant to the Voluntary Pre-K for Tennessee Act of 2005, compiled in this part. Such programs shall be designed to address comprehensively the educational needs, including cognitive, physical, social and emotional, of children who are not otherwise eligible for similar programs or who do not have access to such programs. The programs shall serve: Dependent children, as defined by § 49-7-102(c), who are four (4) years of age whose parent was killed, died as a direct result of injuries received or has been officially reported as being either a prisoner of war or missing in action while serving honorably as a member of the United States armed forces during a qualifying period of armed conflict as defined by § 49-7-102(c), or was formerly a prisoner of war or missing in action under such circumstances, who can present the following: Official certification from the United States government that the parent veteran was killed or died as a direct result of injuries received while serving honorably as a member of the United States armed forces during a qualifying period of armed conflict; or Official certification from the United States government that the parent veteran has been officially reported as being a prisoner of war or missing in action while serving honorably as a member of the United States armed forces during a qualifying period of armed conflict or was formerly a prisoner of war or missing in action under such circumstances as appropriate within one hundred and eighty (180) days prior to applying for services under this subdivision (f)(1); Children who are four (4) years of age on or before August 15 and from families with incomes that meet the eligibility requirements for free and reduced lunch as determined pursuant to 42 U.S.C. § 1771; and Subject to availability of space and resources: Children who are three (3) and four (4) years of age and who are screened and identified as educationally at-risk, determined pursuant to 20 U.S.C. § 1400 et seq.; Children who are three (3) and four (4) years of age who have been in the Tennessee Early Intervention Program (TEIS) or Even Start program; and Children three (3) years of age and from families with incomes that meet the eligibility requirements for free and reduced lunch as determined pursuant to 42 U.S.C. § 1771. Enrollment in the program shall be voluntary. LEAs may contract and enter into collaborative agreements for operation of these programs with nonschool system entities in the geographical area served by the LEA, including, but not limited to, nonprofit and for-profit childcare providers and Head Start programs. LEAs shall not contract or collaborate with any childcare provider licensed by the department of human services, unless that provider has attained the highest designation under the rated licensing system administered by the department of human services pursuant to title 71, chapter 3, part 5. The distribution of early childhood education and pre-kindergarten programs shall be developed in phases based on availability of funding and resources. Selection of early childhood education and pre-kindergarten program sites shall take into consideration the areas of greatest need, which may be determined by, but not limited to: School service areas with high percentages of children from families with incomes that meet the eligibility requirements for free and reduced lunch as determined pursuant to 42 U.S.C. § 1771; Access to early childhood education and pre-kindergarten programs within the county; or Service areas of schools that have been determined to be on notice or probation, as defined by § 49-1-602. All early childhood education and pre-kindergarten programs established under this subsection (f) shall be developed through a collaborative effort of the departments of education, health, mental health and substance abuse services, intellectual and developmental disabilities, children's services and human services, and shall build upon resources and services within the community. Efforts should be made by the interdepartmental group to inform eligible families about enrollment in the early childhood education and pre-kindergarten programs, to address the health and social needs of children and to assist working families to meet extended day child care needs. Effective with fiscal year 2005-2006, the LEA may include in its application a request for funding pursuant to the requirements of §§ 49-6-103 — 49-6-110, for any existing pilot pre-kindergarten program established under this subsection (f); provided, however, that no state funds received for pre-kindergarten programs pursuant to §§ 49-6-103 — 49-6-110 shall be used to supplant any other state or local funds for pre-kindergarten programs. All provisions of this subsection (f) are subject to appropriation of funds for that purpose. No provision of this subsection (f) shall be considered an entitlement to any service or program authorized by this subsection (f) unless funds are appropriated for such purpose. Acts 1945, ch. 101, §§ 1, 2; C. Supp. 1950, §§ 2475.4, 2475.5; Acts 1963, ch. 292, § 1; 1974, ch. 654, § 122; T.C.A. (orig. ed.), §§ 49-2301 — 49-2303; Acts 1984 (1st E.S.), ch. 6, § 18; 1994, ch. 974, § 6; 1996, ch. 954, § 1; 2003, ch. 110, § 1; 2003, ch. 298, § 4; 2005, ch. 312, §§ 2, 3; 2007, ch. 475, § 1; 2009, ch. 226, § 1; 2010, ch. 1100, § 73; 2012, ch. 575, § 1; 2014, ch. 972, § 1; 2019, ch. 248, § 50. Compiler's Notes. Acts 2010, ch. 1100, § 153 provided that the commissioner of mental health and developmental disabilities, the commissioner of mental health, the commissioner of intellectual and developmental disabilities, and the commissioner of finance and administration are authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Section 49-6-109, which is part of the span referred to in this section, was repealed by Acts 2016, ch. 684, § 8, effective March 24, 2016. Cross-References. English deemed official and legal language, § 4-1-404 . Healthy start pilot program, § 37-3-703 . Home schools, § 49-6-3050 . Jurisdiction over preschool teacher licenses, § 49-5-108 . Restrictions on locating prisoner and probationer work release residential facilities near schools, orphanages, day care centers, § 41-22-128 . Schools and teachers in loco parentis, § 49-6-4203 . Schools or day care centers, change in physical custody of child, § 36-6-105 . Services to families of preschool children with disabilities, development of incentives, § 71-4-2201 . Law Reviews. Education and the Court: The Supreme Court's Educational Ideology, 40 Vand. L. Rev. 939 (1987).