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November 22, 2013

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

2013 Opinions
Updated 11/21/2013

 

13-83

October 28, 2013

Duty of School Officials to Report Student's Sending of Photographs Depicting Nudity of Minor

13-82

October 24, 2013

Virtual Public Schools Act

 

2010 Opinions
Updated 07/27/2010

2009 opinions
Updated 07/27/2010

09-22

March 6, 2009

School Officials’ Membership on Child Abuse Review Teams

09-35

March 23, 2009

Director of Schools Serving in General Assembly

09-39

March 25, 2009

Statutory Caps and Conversion Charter Schools

09-46

April 2, 2009

County Board of Education donations to 501(c)(3) non-profit organization

09-48

April 2, 2009

Conflict of Interest: Chairman of County School Board

09-69

May 4, 2009

Constitutionality of HB 1120 (re sex offenders and school property)

09-70

May 4, 2009

Permissive Authority of Commissioner of Education to Withhold State Education Finance Funds

09-73

May 6, 2009

Constitutionality of House Bill 2099 (regarding low wearing of pants)

09-102

May 28, 2009

Constitutionality of SB1354/HB552 and SB1355/HB549 related to local funding of schools

09-108

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

09-122

June 17, 2009

Constitutionality of Section 2 of Amendment No. 1 to SB 2133 Limiting Applicability to School District Population

09-129

July 24, 2009

Firearms in Public Parks That Have Athletic Fields That are Also Used by Schools

09-142

July 31, 2009

Registered Sex Offender's Attendance at School Events open to the Public

09-144

July 31, 2009

Teacher Tenure Requirements Under Tenn. Code Ann. § 49-5-504 (Supp. 2008) 

09-159

Sep. 24, 2009

Charter Schools

09-160

Sep. 28, 2009

Carrying of Firearms in Parks Being Used by Schools

09-166

October 15, 2009

County School Systems State Mandated "Step Raise"

09-181

November 24, 2009

Procurement Process Required For Municipal Boards of Education

 

2008 opinions

08-27

Feb. 15, 2008

Compulsory School Attendance and Truancy Statutes

08-32

Feb. 21, 2008

Charter Schools- Sunset Date

08-36

Feb. 26, 2008

Constitutionality of the eligibility criteria for the Tennessee Hope Scholarship under Tenn. Code Ann. § 49-4-926

08-55

Mar. 17, 2008

Memphis School Funding -- Reduction of Local School Funding by County Commission

08-72

March 31, 2008

Teacher Eligibility for Election to City Council

08-102

May 6, 2008

School Board Spouse of Assistant Director Voting on School Director's Contract

08-105

May 7, 2008

Constitutionality of Amendment 1 to Senate Bill 4104/House Bill 4089 [Regarding academic study of the Bible]

08-106

May 7, 2008

Constitutionality of HB2858/ SB2653 authorizing student drug testing

08-107

May 9, 2008

County Board of Education Member also serving as City Council Member and City Board of Education Member

08-116

June 5, 2008

Pay Plans for Principals and Teachers

08-127

July 24, 2008 School Superintendent Contracts

08-169

Oct. 27, 2008

Local Funding Charter Schools - Tenn. Code Ann § 49-13-112

 

2007 opinions

07-29

Mar 13, 2007

Constitutionality of Senate Resolution 17.

07-59

Apr 26, 2007

2005 Amendments to the Drug-Free School Zone Act

07-60

May 1, 2007

Constitutionality of HB 1008

07-82

May 29, 2007

Certificates of Attendance

07-90

June 7, 2007

K-12 Capital Outlay Grant Program

07-95

June 25, 2007

Reduction of Local School Funding by County Commission

07-96

July 2, 2007

Random Drug Testing for Students in Voluntary Extracurricular Activities

07-109

July 17, 2007

Applicability of Property Tax Freeze Act to Special School Districts

07-110

July 18, 2007

Salaries of County Officers

07-114

July 31, 2007

State Special Schools

07-117

August 8, 2007

Local School Board's Authority to Dismiss Employees

07-127

August 27, 2007

DCS Reports of Delinquency Adjudications to Schools

07-131

August 30, 2007

Charter Schools

07-139

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

05-186

December 22, 2005

Procedures Governing Amendments to the BEP Equalization Formula Pursuant to Tenn. Code Ann § 49-3-356

05-178

December 13, 2005

Food Allergies under the ADA

05-167

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)

05-158

October 14, 2005

Tenn. Code Ann. § 49-2-301(b)(GG)

05-146

September 27, 2005

County Employee as School Board Member

05-137

September 7, 2005

Agricultural Education Programs in Public Education

05-135

August 26, 2005

Tennessee School Board Association -- Eligibility to Participate in an Insurance Trust Organized Under Tenn. Code Ann. §§ 29-20-401, et seq.

05-134

August 26, 2005

Distribution of Bond Proceeds Between City and County School Systems

05-101

June 20, 2005

Cellular Telephone Use Under the School Security Act of 1981

05-094

June 13, 2005

Zero Tolerance Policy -- Possession of Illegal Drugs on School Property

05-086

May 23, 2005

Eligibility for Tuition Waivers by Spouses and Dependent Children of Deceased Tennessee National Guard Members

05-049

April 19, 2005

County School Board Employee on County Election Commission

05-034

March 29, 2005

Constitutionality of Property Tax Levy for County Schools in Unincorporated Areas Only

05-021

March 10, 2005

Consequences of the City of Memphis Reducing or Eliminating Funding for K-12 Education

 

2004 opinions

04-136

August 24, 2004

Volunteer Parent-Drivers Transporting Students to School Sporting Events

04-125

August 10, 2004

Authority of School Board to Hold Referendum on County Property Tax Rate

04-123

July 26, 2004

Adjustments in Basic Education Program Funds Based on Transfer of School or Annexation of School by Another LEA

04-107

July 9, 2004

School Purchases -- Local option Financial Management System Act -- Conflicts

04-095

May 18, 2004

Public School System's Calendar--Day Off on Religious Holiday

04-094

May 18, 2004

Lottery Scholarship Eligibility Criteria

04-073

April 21, 2004

Charter Schools: Application/Denial Procedure for Type II Charter Schools

04-051

March 25, 2004

School Buses and Seat Belts

04-039

March 12, 2004

Charter Schools: Eligibility for Enrollment in Type 1 Charter School; Approval of new Charter School Application

04-004

January 12, 2004

Termination of Teachers in "Corrective Action" Schools under the Federal No Child Left Behind Act

 

2003 opinions

03-160

December 8, 2003

Shelby County School Systems

03-159

December 8, 2003

Lottery Scholarships

03-130

October 3, 2003

Charter School Eligibility

03-129

October 3, 2003

Pledge of Allegiance in Public Schools

03-116

September 15, 2003

School Fees: Rental Fee for Locker

03-113

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.

03-107

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

03-105

August 21, 2003

LEA Enrollment

03-090

July 24, 2003

Student Eligibility for Enrollment in Type I Charter School

03-083

July 2, 2003

Charter Schools

03-065

May 20, 2003

Lottery Scholarships; Home Schooled Students

03-049

April 22, 2003

Reverse Raffle and Auction as Lottery

03-046

April 16, 2003

Public Charter Schools - Sponsors

03-042

April 14, 2003

Public Records - Tennessee School Board Association

03-038

April 2, 2003

Memphis City School Board

03-037

April 2, 2003

Abolishing the Memphis City School Board

03-036

April 2, 2003

Allocation of Net Proceeds of Lottery Revenues

03-030

March 25, 2003

Age Discrimination in Lottery Scholarship Programs

03-027

March 14, 2003

School Fees; Debts for purposes of 49-1-302(a)(14)

03-008

January 23, 2003

Contributions for Construction of Public School

 

2002 opinions

02-100

September 16, 2002

Compulsory Attendance Laws

02-093

August 28, 2002

Approval of KIPP Nontraditional Schools Under Authority of Tenn. Code Ann. § 49-1-207

02-085

August 5, 2002

Use of School Building and Property by Private Entities

02-070

May 23, 2002

Service on Board of Education

02-068

May 22, 2002

School Funding

02-067

May 21, 2002

Appointments to the State Board of Education

02-057

April 30, 2002

Private Act for Loudon County School Board

02-056

April 30, 2002

Break the Mold Schools

02-025

March 4, 2002

Local Education Agency Insurance

02-022

February 26, 2002

"Ward of the State" for IDEA purposes

02-020

February 26, 2002

New Special School District

02-001

January 2, 2002

Bids for Board of Education Construction Jobs

 

2001 opinions

01-164

November 13, 2001

TCAP Exams

01-144

September 4, 2001

State Employee as School Board Member

01-113

July 16, 2001

Length of School Year

01-112

July 12, 2001

Delayed BEP Funding

01-103

June 26, 2001

City School System's Use of County School Bond Proceeds

01-102

June 22, 2001

Legality of Extending Director of School's Contract

01-101

June 22, 2001

Use of Student Information Collected from Private Schools

01-099

June 18, 2001

School Board - Contract with Outside Provider

01-069

May 2, 2001

Public Records - TN School Boards Association

01-034

March 12, 2001

McKenzie Special School District

01-022

February 12, 2001

Transfer of Covington City Schools to Tipton Co. Board of Education

01-013

January 30, 2001

Roles of Director of Schools and School Board re: Teachers

 

2000 opinions

00-181

November 22, 2000

Employee of a School Board Selling Items to the Board

00-151

October 5, 2000

Transfer of Director of Schools

00-149

October 4, 2000

Memphis School District - Validity of 1970 Public Acts, Chapter 30

00-142

September 11, 2000

Memphis City School System -- School Board Members' Compensation

00-138

August 28, 2000

Eligibility of School Board Member

00-109

June 20, 2000

Student Assignment -- Memphis City School Board's Policies and Procedures

00-057

March 31, 2000

Teachers' organizations - limitations on access to school communication media

00-049

March 20, 2000

Home Schooling -- Parents'/Legal Guardians' Notification of Director of Schools by August 1

00-024

February 15, 2000

Franklin Special School District - Avoiding County Tax for Bonds for School Purposes

00-013

January 24, 2000

Building and Fire Codes for County Educational Facilities

00-006

January 11, 2000

Truancy enforcement -- private and church-related schools

00-005

January 11, 2000

Fundraising, School Property, County Trustee, Audits

00-004

January 6, 2000

Special School District - Waiver of Pro Rata Distribution of Bond Proceeds