Education Law Opinions Issued by the Tennessee Attorney General
"One of the statutory duties of the Attorney General is to give written legal opinions.
"Tennessee Code Annotated Section 8-6-109(b)(6) requires the Attorney General to provide written legal opinions to the Governor, Secretary of State, State Treasurer, Comptroller, members of the General Assembly and other state officials relating to matters submitted by them in the discharge of their official duties."
- from the TN AG's website: http://www.attorneygeneral.state.tn.us/op/2006/op2006.htm.
Education law opinions issued by the Tennessee Attorney General since 2000 are listed below, with hyperlinks to PDF copies of the opinions.
PLEASE NOTE that some of the opinions may no longer apply, since state law and rules may have changed since the opinion was written.
You can view all Attorney General opinions online (this page includes a search function and indices for each year's opinions).
State of Tennessee
Office of the Attorney General
2010 Opinions
Updated 07/27/2010
10-27 |
March 8, 2010 |
Fees and Regulations for Construction of Schools in Special School Districts |
10-45 |
April 9, 2010 |
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10-46 |
April 12, 2010 |
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10-58 |
April 28, 2010 |
County Commission's Role in Funding Special School Districts |
10-59 |
April 29, 2010 |
Conversion of the Shelby County School Board into a Special School District |
10-60 |
April 29, 2010 |
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10-73 |
May 21, 2010 |
Tennessee Education Lottery Corporation: Contract Amendments |
10-81 |
June 8, 2010 |
Constitutionality of sex offender residency restriction pertaining to student residence facilities |
10-87 |
July 20, 2010 |
Failure of County School Board Members to Attend Annual Training |
10-96 |
Sep. 9, 2010 |
2009 opinions
Updated 07/27/2010
March 6, 2009 |
School Officials’ Membership on Child Abuse Review Teams |
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March 23, 2009 |
Director of Schools Serving in General Assembly |
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March 25, 2009 |
Statutory Caps and Conversion Charter Schools |
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April 2, 2009 |
County Board of Education donations to 501(c)(3) non-profit organization |
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April 2, 2009 |
Conflict of Interest: Chairman of County School Board |
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May 4, 2009 |
Constitutionality of HB 1120 (re sex offenders and school property) |
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May 4, 2009 |
Permissive Authority of Commissioner of Education to Withhold State Education Finance Funds |
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May 6, 2009 |
Constitutionality of House Bill 2099 (regarding low wearing of pants) |
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May 28, 2009 |
Constitutionality of SB1354/HB552 and SB1355/HB549 related to local funding of schools |
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June 8, 2009 |
Effect of SB 2192/HB 2194 on Local Educational Funding in the event of consolidation of the City of Memphis and Shelby County |
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June 17, 2009 |
Constitutionality of Section 2 of Amendment No. 1 to SB 2133 Limiting Applicability to School District Population |
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July 24, 2009 |
Firearms in Public Parks That Have Athletic Fields That are Also Used by Schools |
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July 31, 2009 |
Registered Sex Offender's Attendance at School Events open to the Public |
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July 31, 2009 |
Teacher Tenure Requirements Under Tenn. Code Ann. § 49-5-504 (Supp. 2008) |
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Sep. 24, 2009 |
Charter Schools |
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Sep. 28, 2009 |
Carrying of Firearms in Parks Being Used by Schools |
October 15, 2009 |
County School Systems State Mandated "Step Raise" |
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November 24, 2009 |
Procurement Process Required For Municipal Boards of Education |
2008 opinions
Feb. 15, 2008 |
Compulsory School Attendance and Truancy Statutes |
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Feb. 21, 2008 |
Charter Schools- Sunset Date |
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Feb. 26, 2008 |
Constitutionality of the eligibility criteria for the Tennessee Hope Scholarship under Tenn. Code Ann. § 49-4-926 |
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Mar. 17, 2008 |
Memphis School Funding -- Reduction of Local School Funding by County Commission |
March 31, 2008 |
Teacher Eligibility for Election to City Council |
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May 6, 2008 |
School Board Spouse of Assistant Director Voting on School Director's Contract |
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May 7, 2008 |
Constitutionality of Amendment 1 to Senate Bill 4104/House Bill 4089 [Regarding academic study of the Bible] |
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May 7, 2008 |
Constitutionality of HB2858/ SB2653 authorizing student drug testing |
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May 9, 2008 |
County Board of Education Member also serving as City Council Member and City Board of Education Member |
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June 5, 2008 |
Pay Plans for Principals and Teachers |
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| July 24, 2008 | School Superintendent Contracts | |
Local Funding Charter Schools - Tenn. Code Ann § 49-13-112 |
2007 opinions
Mar 13, 2007 |
Constitutionality of Senate Resolution 17. |
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Apr 26, 2007 |
2005 Amendments to the Drug-Free School Zone Act |
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May 1, 2007 |
Constitutionality of HB 1008 |
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May 29, 2007 |
Certificates of Attendance |
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June 7, 2007 |
K-12 Capital Outlay Grant Program |
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June 25, 2007 |
Reduction of Local School Funding by County Commission |
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July 2, 2007 |
Random Drug Testing for Students in Voluntary Extracurricular Activities |
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July 17, 2007 |
Applicability of Property Tax Freeze Act to Special School Districts |
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July 18, 2007 |
Salaries of County Officers |
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July 31, 2007 |
State Special Schools |
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August 8, 2007 |
Local School Board's Authority to Dismiss Employees |
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August 27, 2007 |
DCS Reports of Delinquency Adjudications to Schools |
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August 30, 2007 |
Charter Schools |
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September 25, 2007 |
Expansion of the Lebanon Special School District |
2006 opinions
| 06-168 | Nov. 13, 2006 | Reapportionment of South Carroll Special School District |
| 06-146 | Sep. 26, 2006 | Private College Security Guards and Proprietary Security Organizations |
| 06-141 | Sep. 18, 2006 | Interpretation of the 2006 Amendments to Tenn. Code Ann. § 49-4-933 (f) |
| 06-130 | Aug. 15, 2006 | Validity of Tennessee State Board of Education Rule 0520-1-604, requiring schools that serve grades 6, 7, or 8 and higher grade levels to meet certain nutritional standards. |
| 06-118 | July 27, 2006 | Allocation of Funds to School Board |
| 06-105 | June 26, 2006 | open Meetings Act Application to a "task force committee" |
| 06-102 | June 21, 2006 | Municipal Resident's Eligibility for Enrollment in County School |
| 06-083 | May 5, 2006 | Validity of general pay raise for all school employees except contract school bus drivers that are paid partly as subcontractors and partly as school employees |
| 06-071 | April 17, 2006 | Applicability of the open Meetings Act to the Tennessee School Boards Association |
| 06-069 | April 12, 2006 | Records Custodian's Duties Under Public Records Act |
| 06-066 | April 11, 2006 | Whether the Tennessee Risk Management Trust is an LEA or "person" under the Education Truth in Reporting and Employee Protection Act of 1989, Tenn. Code Ann. §§ 49-50-1401 et. seq. |
| 06-051 | March 20, 2006 | Public Access to Schools by Professional Teachers' Associations |
| 06-016 | Jan. 20, 2006 | Validity of 1937 Private Act Regarding Marion County Teachers' Tenure |
2005 opinions
December 22, 2005 |
Procedures Governing Amendments to the BEP Equalization Formula Pursuant to Tenn. Code Ann § 49-3-356 |
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December 13, 2005 |
Food Allergies under the ADA |
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November 1, 2005 |
Proper Method for Funding Local Education Agencies' (LEAs') Services for Three (3) and Four (4) Year-Olds with Disabilities Pursuant to BEP and Tenn. Code Ann. § 49-10-113(c)(1) |
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October 14, 2005 |
Tenn. Code Ann. § 49-2-301(b)(GG) |
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September 27, 2005 |
County Employee as School Board Member |
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September 7, 2005 |
Agricultural Education Programs in Public Education |
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August 26, 2005 |
Tennessee School Board Association -- Eligibility to Participate in an Insurance Trust Organized Under Tenn. Code Ann. §§ 29-20-401, et seq. |
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August 26, 2005 |
Distribution of Bond Proceeds Between City and County School Systems |
June 20, 2005 |
Cellular Telephone Use Under the School Security Act of 1981 | |
June 13, 2005 |
Zero Tolerance Policy -- Possession of Illegal Drugs on School Property |
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May 23, 2005 |
Eligibility for Tuition Waivers by Spouses and Dependent Children of Deceased Tennessee National Guard Members |
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April 19, 2005 |
County School Board Employee on County Election Commission |
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March 29, 2005 |
Constitutionality of Property Tax Levy for County Schools in Unincorporated Areas Only |
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March 10, 2005 |
Consequences of the City of Memphis Reducing or Eliminating Funding for K-12 Education |
2004 opinions
August 24, 2004 |
Volunteer Parent-Drivers Transporting Students to School Sporting Events |
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August 10, 2004 |
Authority of School Board to Hold Referendum on County Property Tax Rate |
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July 26, 2004 |
Adjustments in Basic Education Program Funds Based on Transfer of School or Annexation of School by Another LEA |
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July 9, 2004 |
School Purchases -- Local option Financial Management System Act -- Conflicts |
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May 18, 2004 |
Public School System's Calendar--Day Off on Religious Holiday |
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May 18, 2004 |
Lottery Scholarship Eligibility Criteria |
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April 21, 2004 |
Charter Schools: Application/Denial Procedure for Type II Charter Schools |
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March 25, 2004 |
School Buses and Seat Belts |
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March 12, 2004 |
Charter Schools: Eligibility for Enrollment in Type 1 Charter School; Approval of new Charter School Application |
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January 12, 2004 |
Termination of Teachers in "Corrective Action" Schools under the Federal No Child Left Behind Act |
2003 opinions
December 8, 2003 |
Shelby County School Systems |
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December 8, 2003 |
Lottery Scholarships |
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October 3, 2003 |
Charter School Eligibility |
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October 3, 2003 |
Pledge of Allegiance in Public Schools |
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September 15, 2003 |
School Fees: Rental Fee for Locker |
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September 9, 2003 |
Application of Tennessee Code Annotated § 49-2-201 as amended by Chapter 404 of the Public Acts of 1995, regarding the election of municipal boards of education. |
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August 27, 2003 |
The Authority of the Commissioner of Education and of a Local Education Agency To Grant Waivers Under the Tennessee Public Charter Schools Act |
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August 21, 2003 |
LEA Enrollment |
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July 24, 2003 |
Student Eligibility for Enrollment in Type I Charter School |
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July 2, 2003 |
Charter Schools |
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May 20, 2003 |
Lottery Scholarships; Home Schooled Students |
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April 22, 2003 |
Reverse Raffle and Auction as Lottery |
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April 16, 2003 |
Public Charter Schools - Sponsors |
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April 14, 2003 |
Public Records - Tennessee School Board Association |
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April 2, 2003 |
Memphis City School Board |
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April 2, 2003 |
Abolishing the Memphis City School Board |
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April 2, 2003 |
Allocation of Net Proceeds of Lottery Revenues |
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March 25, 2003 |
Age Discrimination in Lottery Scholarship Programs |
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March 14, 2003 |
School Fees; Debts for purposes of 49-1-302(a)(14) |
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January 23, 2003 |
Contributions for Construction of Public School |
2002 opinions
September 16, 2002 |
Compulsory Attendance Laws |
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August 28, 2002 |
Approval of KIPP Nontraditional Schools Under Authority of Tenn. Code Ann. § 49-1-207 |
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August 5, 2002 |
Use of School Building and Property by Private Entities |
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May 23, 2002 |
Service on Board of Education |
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May 22, 2002 |
School Funding |
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May 21, 2002 |
Appointments to the State Board of Education |
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April 30, 2002 |
Private Act for Loudon County School Board |
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April 30, 2002 |
Break the Mold Schools |
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March 4, 2002 |
Local Education Agency Insurance |
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February 26, 2002 |
"Ward of the State" for IDEA purposes |
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February 26, 2002 |
New Special School District |
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January 2, 2002 |
Bids for Board of Education Construction Jobs |
2001 opinions
November 13, 2001 |
TCAP Exams |
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September 4, 2001 |
State Employee as School Board Member |
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July 16, 2001 |
Length of School Year |
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July 12, 2001 |
Delayed BEP Funding |
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June 26, 2001 |
City School System's Use of County School Bond Proceeds |
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June 22, 2001 |
Legality of Extending Director of School's Contract |
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June 22, 2001 |
Use of Student Information Collected from Private Schools |
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June 18, 2001 |
School Board - Contract with Outside Provider |
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May 2, 2001 |
Public Records - TN School Boards Association |
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March 12, 2001 |
McKenzie Special School District |
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February 12, 2001 |
Transfer of Covington City Schools to Tipton Co. Board of Education |
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January 30, 2001 |
Roles of Director of Schools and School Board re: Teachers |
2000 opinions
November 22, 2000 |
Employee of a School Board Selling Items to the Board |
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October 5, 2000 |
Transfer of Director of Schools |
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October 4, 2000 |
Memphis School District - Validity of 1970 Public Acts, Chapter 30 |
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September 11, 2000 |
Memphis City School System -- School Board Members' Compensation |
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August 28, 2000 |
Eligibility of School Board Member |
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June 20, 2000 |
Student Assignment -- Memphis City School Board's Policies and Procedures |
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March 31, 2000 |
Teachers' organizations - limitations on access to school communication media |
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March 20, 2000 |
Home Schooling -- Parents'/Legal Guardians' Notification of Director of Schools by August 1 |
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February 15, 2000 |
Franklin Special School District - Avoiding County Tax for Bonds for School Purposes |
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January 24, 2000 |
Building and Fire Codes for County Educational Facilities |
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January 11, 2000 |
Truancy enforcement -- private and church-related schools |
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January 11, 2000 |
Fundraising, School Property, County Trustee, Audits |
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January 6, 2000 |
Special School District - Waiver of Pro Rata Distribution of Bond Proceeds |
