Tennessee § 49-6-3102 - Assignment of students by local board.

§ 49-6-3102. Assignment of students by local board.

The board of education of each local school system, with respect to the schools under its jurisdiction, is authorized and required to provide for the enrollment in a public school of each student who is eligible for enrollment within the schools of the local school system. The board of education of each local school system is not required to provide for the enrollment in a public school system under its jurisdiction of a student for whom a transition plan is required pursuant to § 37-1-131 or § 49-6-3114, unless the transition plan has been developed, but in no event shall a student be delayed from attending school for more than five (5) school days from the date of the notice. Except as otherwise provided in this part, part 32 of this chapter, and in the McKinney-Vento Homeless Assistance Act (42 U.S.C. § 11431 et seq.), the authority of each and every local school board in the matter of enrollment of pupils within its local school system shall be full and complete and its decision as to the enrollment of any pupil in any such school shall be final. Pursuant to 42 U.S.C. § 675, any student placed in the custody of the department of children's services shall remain enrolled in the same public school the student attended prior to entering custody. The department of children's services shall decide if the student's school is in the student's best interest. If the department of children's services determines that enrollment in the public school, which the student attended prior to entering care, is not in the student's best interest, the student shall be enrolled in the local school system where the student is placed or where the parent resides. No pupil shall be enrolled in, admitted to, or entitled or permitted to attend any public school in the local school system other than the public school to which the pupil may be assigned pursuant to the rules, regulations and decisions of the board of education. Subject to review as provided in part 32 of this chapter, the board of education may exercise the powers and duties granted by parts 31 and 32 of this chapter directly, or may delegate its authority to other persons employed by the board under such rules and regulations as the board may adopt, subject to final decision and action by the board itself. Subject to review as provided in part 32 of this chapter, the board of education may exercise the powers and duties granted by parts 31 and 32 of this chapter directly, or may delegate its authority to a three-member committee consisting of at least one (1) current board member with all remaining members as employees of the board under such rules and regulations as the board may adopt, subject to final decision and action either by the board or its designee. This subdivision (d)(2) shall only apply in any county having a population of not less than eight hundred ninety-seven thousand four hundred (897,400) nor more than eight hundred ninety-seven thousand five hundred (897,500), according to the 2000 federal census or any subsequent federal census. In the exercise of the authority conferred by parts 31 and 32 of this chapter, the boards of education may prescribe general rules governing admission to schools within their jurisdiction, subject to parts 31 and 32 of this chapter, and may adopt such other reasonable rules and regulations as in the opinion of the board shall best accomplish the purposes of parts 31 and 32 of this chapter. In determining the classroom assignments of multiple birth siblings, no school or board of education shall separate such multiple birth siblings into different classrooms solely due to such children being multiple birth siblings. If a child who attends a public school is the suspected victim of child sexual abuse as defined in § 37-1-602(a) and the abuse occurred while the child was under the supervision or care of the school, then the school shall make reasonable accommodations to separate the alleged victim of child sexual abuse from the alleged perpetrator. If available and appropriate, the local school board shall, upon request by the parent of the child, reassign a child who attends a public school and is the victim of child sexual abuse as defined in § 37-1-602(a) when: The abuse occurred while the child was under the supervision or care of the school; and The perpetrator of the abuse is: Substantiated by the department of children's services; Adjudicated by a juvenile court to have committed the child sexual abuse; or Criminally charged. Acts 1957, ch. 13, §§ 1, 4; 1974, ch. 654, § 109; T.C.A., §§ 49-1741, 49-1744; Acts 2006, ch. 756, § 1; 2007, ch. 314, § 3; 2009, ch. 331, § 1; 2010, ch. 721, § 1; 2013, ch. 397, §§ 3, 4; 2015, ch. 286, § 1. Compiler's Notes. For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement. Attorney General Opinions. Local school board authority to assign students within system, OAG 99-055, 1999 Tenn. AG LEXIS 44 (3/9/99).