Current through September 24, 2024
(1) Category IV
schools are schools that are "church-related" and exempt from certain
regulations regarding faculty, textbooks, and curriculum. T.C.A. §
49-50-801 defines a church-related school as a school operated by
denominational, parochial or other bona fide church organizations, which are
required to meet the standards of accreditation or membership of the Tennessee
Association of Christian Schools, the Association of Christian Schools
International, the Tennessee Association of Independent Schools, the Southern
Association of Colleges and Schools, the Tennessee Association of Non-Public
Academic Schools, the Tennessee Association of Church Related Schools, the
Association of Classical and Christian Schools, the Tennessee Alliance of
Church Related Schools, or a school affiliated with Accelerated Christian
Education, Inc.
(2) Independent
home schools which may affiliate with an approved agency are not approvable
under this category. However, an umbrella home school may operate under this
category in accordance with T.C.A. § 49-6-3050(a)(2)-(3).
(a) Umbrella home schools. In accordance with
T.C.A. § 49-6-3050(a)(2)-(3), a parent may enroll their child in a
Category IV school and participate as a parent-teacher in the Category IV
school for the purposes of home schooling their children. Such parent-teachers
shall meet the requirements established in T.C.A. § 49-6-3050(a)(2)-(3)
and shall be subject to the requirements established by the Category IV school
for umbrella home school parent-teachers. Students who are enrolled in a
Category IV umbrella home school with a parent-teacher as provided in this
paragraph and T.C.A. § 49-6-3050(a)(2)-(3) shall be reported by the
Category IV school as enrolled students as required by paragraph (3)(f) below,
in the same manner as all other enrolled students. A Category IV school is not
required to conduct a criminal history records check as set forth in paragraph
(3)(i) below for a parent-teacher who is instructing their own
children.
(3) Each agency
shall ensure all of its accredited or member schools:
(a) Comply with all laws, rules and
regulations, and codes of the city, county, and state regarding planning of new
buildings, alterations, and health and safety.
(b) Comply with all fire safety regulations
and procedures promulgated by the Tennessee Fire Marshal's Office.
(c) Conduct at least one (1) fire safety
inspection annually based on the fire safety inspection checklist developed by
the Tennessee Fire Marshal's Office, and maintain copies of the inspection
reports, including findings of non-compliance and actions taken to comply for
review by the Tennessee Fire Marshal's Office.
(d) Construct, remodel, renovate, expand, or
modify school buildings or other structures in accordance with any state and/or
federal requirements applicable to the school regarding building accessibility,
which may include, but is not limited to, the Americans with Disabilities Act
and Section 504 of the Rehabilitation Act of 1973.
(e) Comply with the requirement of Department
of Health Rules and T.C.A. § 49-6-5001 that each child enrolled in school
be vaccinated against disease, subject to any applicable exemptions set forth
in State law or Department of Health Rules. For purposes of Chapter 296 of the
Public Acts of 2023, this requirement does not apply to a student who is
enrolled in a Category IV umbrella home school and is taught at home by a
parent-teacher in accordance with T.C.A. § 49-6-3050(a)(2) or
(a)(3).
(f) Comply with the
requirement of T.C.A. § 49-6-3007 that the names, ages, and addresses of
all pupils in attendance be reported to the director of schools of the public
school district in which the student resides.
(g) Ensures students entering Kindergarten
have reached five (5) years of age on or before August 15 pursuant to T.C.A.
§ 49-6-201(b)(3), unless the principal or head of school finds through
evaluation and testing, at the request of the parent or legal guardian, that a
child who is five (5) on or before September 30 is sufficiently mature
emotionally and academically to enter Kindergarten and the school has a policy
permitting testing by the principal or head of school to obtain early admission
to Kindergarten.
(h) Each school
shall maintain an operating schedule that includes the minimum number of
instructional days (180) and minimum number of hours per day (61/2)
required of public schools. In accordance with T.C.A. § 49-6-3004, a
school that exceeds the required six and one-half (61/2) hours of
instructional time per day for the full academic year shall be credited with
the additional instructional time in amounts up to, but not exceeding, thirteen
(13) instructional days each school year. Such excess instructional time shall
be used in accordance with T.C.A. § 49-6-3004(e)(1). Schools that are
unable to meet the required 180 instructional day requirement due to natural
disaster or serious outbreak of illness affecting or endangering students or
staff during the school year may request a waiver of the minimum instructional
day requirement from the school's accrediting or membership agency.
(i) Each school shall conduct a criminal
history records check prior to employment for any person applying for or
holding a position as a teacher or any other position requiring proximity to
school children. Criminal history records checks shall also be required for any
person or employee of the person, corporation, or other entity who contracts
with a school and who will have direct contact with school children or access
to the grounds of the school when children are present. The criminal history
records check shall be fingerprint based or social security number based and
shall also include a check of the Tennessee and National Sex Offender
Registries and the Tennessee Department of Health Abuse Registry. Schools shall
also search the Tennessee educator licensure database (TNCompass) to determine
if an applicant for a teaching position or any other position requiring
proximity to school children has ever had a Tennessee educator license
suspended or revoked for misconduct.
(j) Each school director shall comply with
the reporting requirements set forth in T.C.A. § 49-5-417 and State Board
Rule 0520-02-03-.09 with regard to
any employee who possesses an active or expired Tennessee educator
license.
(4)
Church-related schools not accredited by or members of one (1) of the agencies
set forth in paragraph (1) of this Rule may seek approval from the State Board
as provided for in T.C.A. § 49-50-801(e)(1) by submitting the application
on a form developed by the State Board staff and meeting any deadlines for
application established by the State Board staff. Church-related schools
seeking approval from the State Board shall demonstrate they are operated by a
denominational, parochial or other bona fide church organization by providing
proof with the application that the organization operating the school is
recognized as a 501(c)(3) religious organization by the United States Internal
Revenue Service. State Board staff shall review any complete and timely
submitted application utilizing a rubric developed by State Board staff that is
aligned to the application. Only applications which fully meet the standard of
the rubric may be recommended by the Executive Director to the State Board for
approval.
(5) Schools approved as
Category IV schools by the State Board shall be monitored by the Department for
continued compliance with the requirements set forth in paragraph (3) of this
Rule, State Board Rule Chapter 0520-07-01, and all applicable state and federal
laws.
(6) Reporting of
Non-Compliance and Revocation of Approval.
(a)
For accrediting agencies listed in T.C.A. § 49-50-801, the Department
shall notify an agency of non-compliance of any of its accredited or member
schools with this Rule, State Board Rules Chapter 0520-07-01, and any
applicable state or federal laws and establish a deadline by which the agency
shall show evidence of its accredited or member schools' compliance. If the
agency does not produce evidence of compliance by the specified deadline, the
Department may provide notice of the continued non-compliance to the chairs of
the Education Committees of the Tennessee House and Senate.
(b) For schools approved by the State Board
as provided in paragraph (4) of this Rule, approval may be revoked by the State
Board for non-compliance. The Department shall notify the school of
non-compliance with this Rule, State Board Rules Chapter 0520-07-01, and any
applicable state or federal laws and establish a deadline by which the school
shall show evidence of compliance. If the school does not establish compliance
by the specified deadline, the Department may provide notice to the school of
intent to recommend to the State Board that the school's approval be revoked.
1. If the Department recommends revocation of
approval of a school to the State Board, the Department shall provide to the
State Board:
(i) Information regarding the
non-compliance;
(ii) Reasons
supporting the recommendation to revoke school approval; and
(iii) All notices provided to the school
regarding non-compliance and responses from the school.
2. Representatives of the school may request
to speak at the State Board meeting at which revocation is under consideration
pursuant to State Board Policy 1.400.
3. If the State Board votes to revoke
approval of a school, the revocation shall take effect at the end of the school
year in which the vote takes place, or on another date identified by the State
Board.
(7) The
Department shall send an annual notice to approved Category IV accrediting
agencies of current State Board rules and state laws applicable to Category IV
schools and shall require agencies to certify receipt.
Authority: T.C.A. §§
49-1-201,
49-1-302,
49-6-3001,
49-6-3050, and
49-50-801.
