School board authority in Tennessee

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Tennessee state law makes school boards responsible for governing and managing public school districts in the state. This article details the powers and duties Tennessee law grants to school boards for governing school districts and the constraints on that authority with regard to certain topics.

HIGHLIGHTS

In Tennessee, critical race theory instruction is prohibited in grades K-12 and sex education is prohibited in grades K-5.

Tennessee is one of 36 states that grant school boards at least some authority over whether charter schools are issued in their district.

Tennessee is one of 26 states that has a Parents' Bill of Rights.

Types of legal and contractual constraints on school board authority

See also: Local school board authority across the 50 states

This page presents the results from Ballotpedia research on school board authority and constraints on that authority in all 50 states as of 2024. School board authority comes from state constitutions and state statutes and can be interpreted or specified by state regulations or court decisions. In addition to authority over district budgets, the selection of a superintendent, and administrative responsibilities, school boards have varying levels of authority over district policy on other topics depending on the state and district.

There are several sources of legal and contractual constraints on school board policy-making authority which also vary by state or by district.

• State laws commonly restrict or mandate school board policies on certain topics.
  • Parents' Bills of Rights, which at least 26 states have in statute to some degree, limit the policies school boards are allowed to pass.
• State rules, guidance, and funding incentives can constrain, mandate, or influence school board policies. These include regulation from state education commissions and superintendents, executive orders from governors, or grant conditions.
• Federal and state court rulings can dictate whether or not school district policies are compatible with state law or federal law.
• The federal government, largely through its Department of Education, can promulgate regulations or guidance that influence district policy or make funding contingent on certain policies.
• Collective bargaining agreements between school districts and teacher unions can create contractual constraints on the policies school boards can pass.
• State school board associations can influence school board policy or, in some cases. enter into contracts with school boards that can limit school board policy.

This page features the following sections:

• Tennessee law on school boards' authority over district policy. This section features the statutes in Tennessee law that establish, enable, or define local school district boards.
• Constraints on Tennessee school boards' authority. This section provides an overview of constraints on the school boards' authority in Tennessee. It contains information on the constraints by the following topics:
  • Curriculum requirements
  • Curriculum restrictions
  • Book bans, removals, and restrictions
  • Parental notification
  • Discipline
  • School board elections
  • Public school choice and open enrollment
  • Charter schools
  • Cellphone bans
• Collective bargaining agreements
• Parents' bill of rights
• How does Tennessee compare to other states?
• Noteworthy Events. This section tracks noteworthy events related to school boards' authority in Tennessee.

School board authority over district policy in Tennessee

Enabling or authorizing statute for the boards of school districts in Tennessee

See also: Enabling statute

Tennessee Code § 49-2-203 creates school district boards and gives them authority to operate according to state law:

“ (a) It is the duty of the local board of education to: (1) Elect, upon the recommendation of the director of schools, teachers who have attained or are eligible for tenure and fix the salaries of and make written contracts with the teachers; (A) No individual shall be elected to an interim contract unless the individual so elected is to fill a vacancy created by a leave of absence as set forth in § 49-5-702; (B) All contracts with educational assistants will be for nonteaching positions; (C) Educational assistants shall be subject to direct supervision of certificated teachers when directly involved in the instructional program; and (D) No member of any local board of education shall be eligible for election as a teacher or any other position under the board carrying with it any salary or compensation; (2) Manage and control all public schools established or that may be established under its jurisdiction;... ”

Tennessee school boards' powers and duties

Tennessee public school boards of directors are given broad authority, at least 16 required duties, and at least 16 specific discretionary duties to administer the public schools in Tennessee. In addition to budget-related and fiscal duties, school property and facilities management, and administrative responsibilities, the specific powers and duties include:

• hiring and firing teachers,
• suspending and expelling pupils when necessary,
• visiting the schools when the board deems it necessary,
• adopting policies on the use of substitute teachers, and
• adopting policies on the use of artificial intelligence for students and staff.

The list of powers and duties school district boards are charged with appears in Tennessee Code § 49-2-203 and are as follows:

“ (a) It is the duty of the local board of education to: (1) Elect, upon the recommendation of the director of schools, teachers who have attained or are eligible for tenure and fix the salaries of and make written contracts with the teachers; (A) No individual shall be elected to an interim contract unless the individual so elected is to fill a vacancy created by a leave of absence as set forth in § 49-5-702; (B) All contracts with educational assistants will be for nonteaching positions; (C) Educational assistants shall be subject to direct supervision of certificated teachers when directly involved in the instructional program; and (D) No member of any local board of education shall be eligible for election as a teacher or any other position under the board carrying with it any salary or compensation; (2) Manage and control all public schools established or that may be established under its jurisdiction; (3) (A) Purchase all supplies, furniture, fixtures and material of every kind through the executive committee; (B) (i) All expenditures for such purposes may follow the prescribed procedures of the LEA's respective local governing body, so long as that body, through its charter, private act, or ordinance, has established a procurement procedure that provides for advertisement and competitive bidding, except that, if a newspaper advertisement is required, it may be waived in case of emergency; (ii) If the LEA chooses not to follow the local governing body's purchasing procedures, all expenditures for such purposes estimated to exceed the maximum applicable thresholds established pursuant to § 12-3-1212 must be made on competitive bids, which must be solicited by advertisement in a newspaper of general circulation in the county, except that the newspaper advertisement may be waived in the event of emergency; (iii) LEAs that have a purchasing division may use a comprehensive vendor list for the purpose of soliciting competitive bids; provided, that: (a) The vendors on the list are given notice to bid; and (b) The purchasing division periodically advertises in a newspaper of general circulation in the county for vendors and updates the list of vendors following the advertisement; (C) If the LEA chooses not to follow the local governing body's purchasing procedures, all purchases of less than the maximum applicable threshold established pursuant to § 12-3-1212 may be made in the open market without newspaper notice, but must, whenever possible, be based upon at least three (3) competitive bids; (D) (i) (a) For construction of school buildings or additions to existing buildings, the LEA may follow the prescribed procedures of its respective local governing body, so long as that body, through its charter, private act, or ordinance, has established a procurement procedure that provides for advertisement and competitive bidding; (b) If the LEA chooses not to follow the local governing body's procedure, the board shall contract, following open bids, for the construction of school buildings or additions to existing buildings, the expenditure for which is in excess of applicable amounts established pursuant to § 12-3-1212; (c) Public notice must be given at least ten (10) days in advance of accepting bids for the construction, and the board shall award the contract to the lowest and best bidder. Whether following local governing body procedures or those set forth in this subdivision (a)(3)(D)(i), in the event no bid is within the budgetary limits set by the board for the construction, the board may negotiate with the lowest and best bidder to bring the cost of the construction within the funds available, with the approval of the commissioner of education; (ii) Construction management services that are provided for a fee and that involve preconstruction and construction administration and management services are deemed to be professional services and may be performed by a qualified person licensed under title 62, chapter 6. Construction management services are to be procured for each project through a written request for proposals process through advertisement made pursuant to subdivision (a)(3)(B). A board may include, in a single written request for proposal process, new school construction or renovation projects at up to three (3) sites, if construction at all sites will occur at substantially the same time. The written request for proposals process will invite prospective proposers to participate and will indicate the service requirements and the factors used for evaluating the proposals. The factors shall include the construction manager's qualifications and experience on similar projects, qualifications of personnel to be assigned to the project, fees and costs or any additional factors deemed relevant by the procuring entity for procurement of the service. Cost is not to be the sole criterion for evaluation. The contract for such services shall be awarded to the best qualified and responsive proposer. A construction manager is prohibited from undertaking actual construction work on a project over which the construction manager coordinates or oversees the planning, bid or construction phases of the project, except in instances where bids have been solicited twice and no bids have been submitted. If the construction manager can document that a good faith effort was made in each bid solicitation to obtain bids and no bids were received, then the construction manager may perform the construction work at a price agreed upon by the construction manager, the architect and the owner of the project. A school system, at its own discretion, may perform work on the project with its own employees, and may include the coordination and oversight of this work as part of the services of the construction manager. Sealed bids for actual construction work shall be opened at the bid opening and the names of the contractors and their bid amounts shall be announced; (iii) Construction management agent or advisor services for the construction of school buildings or additions to existing buildings in accordance with subdivision (a)(3)(D)(ii) may be performed by: (a) A general contractor licensed in Tennessee pursuant to title 62, chapter 6; provided, that none of such services performed by a general contractor involve any of the services exempt from the requirements of title 62, chapter 6 as "normal architectural and engineering services" under § 62-6-102(4)(B) or (C), unless, with regard to the performance of any services defined as normal architectural and engineering services, the general contractor is also licensed as an architect or engineer under title 62, chapter 2; or (b) An architect or an engineer licensed pursuant to title 62, chapter 2; provided, that none of such services performed by an architect or engineer involve any of the services required to be performed by a contractor within the definition of "contractor" under § 62-6-102, unless with regard to the performance of any services included within the definition of contractor, the architect or engineer is also licensed as a contractor under title 62, chapter 6; (iv) Construction work that is under the coordination and oversight of a construction manager shall be procured through competitive bids as provided in this subsection (a); (E) No board of education shall be precluded from purchasing materials and employing labor for the construction of school buildings or additions to school buildings; (F) Subdivisions (a)(3)(B), (C) and (E) apply to local boards of education of all counties, municipalities and special school districts; provided, however, that subdivisions (a)(3)(B) and (C) shall not apply to purchases by or for a county's or metropolitan government's board of education in counties with a population of not less than two hundred thousand (200,000), according to any federal census, so long as the county, through county or metropolitan government charter, private act, or ordinance, establishes a procedure regarding purchasing that provides for advertisement and competitive bidding and sets a dollar amount for each purchase requiring advertisement and competitive bidding; and provided, further, that purchases of less than the dollar amount requiring advertisement and competitive bidding shall, wherever possible, be based upon at least three (3) competitive bids. Subdivision (a)(3)(D) applies to county and municipal boards of education; (G) (i) Notwithstanding any law to the contrary, contracts for energy-related services that include both engineering services and equipment, and have as their purpose the reduction of energy costs in public schools or school facilities shall be awarded on the basis of recognized competence and integrity and shall not be competitively bid; (ii) In the procurement of engineering services under this subdivision (a)(3)(G), the local board may seek qualifications and experience data from any firm or firms licensed in Tennessee and interview such firm or firms. The local board shall evaluate statements of qualifications and experience data regarding the procurement of engineering services, and shall conduct discussions with such firm or firms regarding the furnishing of required services and equipment and then shall select the firm deemed to be qualified to provide the services and equipment required; (iii) The local board shall negotiate a contract with the qualified firm for engineering services and equipment at compensation which the local board determines to be fair and reasonable to the LEA. In making such determination, the local board shall take into account the estimated value of the services to be rendered, the scope of work, complexity and professional nature thereof and the value of the equipment; (iv) Should the local board be unable to negotiate a satisfactory contract with the firm considered to be qualified, at a price determined to be fair and reasonable, negotiations shall continue with other qualified firms until an agreement is reached; (v) A local board having a satisfactory existing working relationship for engineering services and equipment under this subdivision (a)(3)(G) may expand the scope of the services; provided, that they are within the technical competency of the existing firm, without exercising this subdivision (a)(3)(G); and (vi) This subdivision (a)(3)(G) shall not prohibit or prevent the energy efficient schools council from establishing required design criteria in accordance with industry standards; (4) Order warrants drawn on the county trustee on account of the elementary and the high school funds, respectively; (5) Visit the schools whenever, in the judgment of the board, such visits are necessary; (6) Except as otherwise provided in this title, dismiss teachers, principals, supervisors and other employees upon sufficient proof of improper conduct, inefficient service or neglect of duty; provided, that no one shall be dismissed without first having been given in writing due notice of the charge or charges and an opportunity for defense; (7) Suspend, dismiss or alternatively place pupils, when the progress, safety or efficiency of the school makes it necessary or when disruptive, threatening or violent students endanger the safety of other students or school system employees; (8) Provide proper record books for the director of schools, and should the appropriate local legislative body fail or refuse to provide a suitable office and sufficient equipment for the director of schools, the local board of education may provide the office and equipment out of the elementary and the high school funds in proportion to their gross annual amounts; (9) (A) (i) Require the director of schools and the chair of the local board of education to prepare a budget on forms furnished by the commissioner, and when the budget has been approved by the local board, to submit the budget to the appropriate local legislative body. The director of schools and the chair of the local board of education shall prepare a budget according to the revenue estimates and revenue determinations made by the county legislative body under § 49-2-101(1)(D); (ii) No LEA shall submit a budget to the local legislative body that directly or indirectly supplants or proposes to use state funds to supplant any local current operation funds, excluding capital outlay and debt service; (B) (i) Notwithstanding any other law to the contrary, for any fiscal year, if state funding to the county for education is less than state funding to the county for education during the fiscal year 1990-1991 or less than the previous fiscal year's state funding to the county for education, except that a reduction in funding based on fewer students in the county rather than actual funding cuts shall not be considered a reduction in funding for purposes of this subdivision (a)(9)(B)(i), local funds that were appropriated and allocated to offset state funding reductions during any previous fiscal year are excluded from this maintenance of local funding effort requirement; (ii) It is the intent of subdivision (a)(9)(B)(i) to allow local governments the option to appropriate and allocate funds to make up for state cuts without being subject to a continuation of funding effort requirement as to those funds for any year during which the state reinstates the funding or restores the previous cuts, and during any subsequent year should the state fail to restore the funding cuts; (C) Subdivision (a)(9)(A)(ii) shall not apply to a newly created LEA in any county where the county and city schools are being combined for a period of three (3) years after the creation of the LEA. The county board of education shall submit its budget to the county legislative body no later than forty-five (45) days prior to the July term or forty-five (45) days prior to the actual date the budget is to be adopted by the county legislative body if the adoption is scheduled prior to July 1; (10) Prepare, or have prepared, a copy of the minutes of each meeting of the board of education, and provide a copy of the minutes no more than thirty (30) days after the board meeting or at the time they are provided to members of the board, if such is earlier, to the president of each local education association. Any subsequent corrections, modifications or changes shall be distributed in the same manner; (11) Adopt and enforce, in accordance with guidelines prescribed by the state board of education pursuant to § 49-6-3002, minimum standards and policies governing student attendance, subject to availability of funds; (12) Develop and implement an evaluation plan for all certificated employees in accordance with the guidelines and criteria of the state board of education, and submit the plan to the commissioner for approval; (13) (A) Notwithstanding any other public or private act to the contrary, employ a director of schools under a written contract of up to four (4) years' duration, which may be renewed. No school board, however, may either terminate, without cause, or enter into a contract with any director of schools during a period extending from forty-five (45) days prior to the general school board election until thirty (30) days following the election. Any vacancy in the office of the director that occurs within this period shall be filled on a temporary basis, not extending beyond sixty (60) days following the general school board election. An option to renew a contract that exists on May 22, 2001, may be exercised within the time period set out in this subdivision (a)(13)(A). Any such person transferred during the term of the person's contract shall not have the person's salary diminished for the remainder of the contract period. The board may dismiss the director for cause as specified in this section or in chapter 5, part 5 of this title, as appropriate. The director of schools may be referred to as the superintendent and references to or duties of the former county superintendents shall be deemed references to or duties of the director of schools employed under this section. The school board is the sole authority in appointing a director of schools; (B) Each school board shall adopt a written policy regarding the method of accepting and reviewing applications and interviewing candidates for the position of director of schools; (C) No school board shall extend the contract of a director of schools without giving notice of the intent to do so at least fifteen (15) calendar days prior to the scheduled meeting at which action shall be taken. Further, except in cases concerning allegations of criminal or professional misconduct, no school board shall terminate the contract or remove a director of schools from office without giving notice at least fifteen (15) calendar days prior to the scheduled meeting at which action shall be taken. Notice of extension or termination of a contract of a director of schools shall include the date, time and place of the meeting, and shall comport with all other requirements of §§ 8-44-103 and 49-2-202(c)(1). The proposed action shall be published as a specific, clearly stated item on the agenda for the meeting. Such item, for the convenience of the public attending the meeting, shall be the first item on the agenda; (14) Adopt policies on the use of substitute teachers. The policies must, at a minimum, include the following provisions: (A) The required qualifications and training, including a requirement that substitute teachers receive the annual school safety training required by § 49-6-805(7) or other instruction on emergency response procedures developed by the local board of education; (B) A requirement that all substitute teachers providing instruction are subject to background check requirements pursuant to § 49-5-413; and (C) A prohibition against employing or contracting with any substitute teacher whose records indicate an educator license or certificate in this state or another state currently in revoked or suspended status; (15) Develop and implement an evaluation plan to be used annually for the director of schools. The plan shall include, but shall not be limited to, sections regarding job performance, student achievement, relationships with staff and personnel, relationships with board members, and relationships with the community; and (16) Adopt a policy regarding the use of artificial intelligence by students, teachers, and staff for instructional and assignment purposes. The policy must be implemented in schools no later than the 2024-2025 school year. By July 1, 2024, and by each July 1 thereafter, the board shall report to the department of education of its compliance with this subdivision (a)(16). The report must include the adopted policy and describe how the board will enforce the policy in the upcoming school year. As used in this subdivision (a)(16), "artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments and that is capable of using machine and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action. (b) The local board of education has the power to: (1) Consolidate two (2) or more schools whenever in its judgment the efficiency of the schools would be improved by the consolidation; (2) Require school children and any employees of the board to submit to a physical examination by a competent physician whenever there is reason to believe that the children or employees have tuberculosis or any other communicable disease, and upon certification from the examining physician that the children or employees have any communicable disease, to exclude them from school or service until the child or children, employer or employers, employee or employees furnish proper certificate or certificates from the examining physician or physicians showing the communicable disease to have been cured; (3) Establish night schools and part-time schools whenever in the judgment of the board they may be necessary; (4) Permit school buildings and school property to be used for public, community or recreational purposes under rules, regulations and conditions as prescribed from time to time by the board of education; (A) No member of the board or other school official shall be held liable in damages for any injury to person or property resulting from the use of school buildings or property; (B) The local board of education may lease buildings and property or the portions of buildings and property it determines are not being used or are not needed at present by the public school system to the owners or operators of private child care centers and kindergartens for the purpose of providing educational and child care services to the community. The leases may not be entered for a term exceeding five (5) years and must be on reasonable terms that are worked out between the school board and the owner or operator. The leasing arrangement entered into in accordance with this subdivision (b)(4)(B) shall not be intended or used to avoid any school integration requirement pursuant to the fourteenth amendment to the Constitution of the United States. The local board of education shall not execute any lease pursuant to this subdivision (b)(4) that would replace or supplant existing kindergarten programs or kindergarten programs maintained pursuant to the Minimum Kindergarten Program Law, codified in § 49-6-201. This subdivision (b)(4) shall also apply to municipal boards of education; (5) Employ legal counsel to advise or represent the board; (6) Make rules providing for the organization of school safety patrols in the public schools under its jurisdiction and for the appointment, with the permission of the parents, of pupils as members of the safety patrols; (7) Establish minimum attendance requirements or standards as a condition for passing a course or grade; provided, that the requirements or standards are established prior to any school year in which they are to be applicable, are recorded in board minutes and publicized through a newspaper of general circulation prior to implementation and are printed and distributed to students prior to implementation; and provided, further, that the requirements or standards shall not violate § 49-6-3002(b); (8) Provide written notice to probationary teachers of specific reasons for failure of reelection pursuant to this title; provided, that any teacher so notified shall be given, upon request, a hearing to determine the validity of the reasons given for failure of reelection; provided, that: (A) The hearings shall occur no later than thirty (30) days after the teacher's request; (B) The teacher shall be allowed to appear, call witnesses and plead the teacher's cause in person or by counsel; (C) The board of education shall issue a written decision regarding continued employment of the teacher; and (D) Nothing contained in this subdivision (b)(8) shall be construed to grant tenure or the expectation of continued employment to any person; (9) Offer and pay a bonus or other monetary incentive to encourage the retirement of any teacher or other employee who is eligible to retire. For purposes of this subdivision (b)(9), "local board of education" means the board of education of any county, municipal or special school system; (10) Lease or sell buildings and property or the portions of buildings or property it determines are not being used or are not needed at present by the public school system in the manner deemed by the board to be in the best interest of the school system and the community that the system serves. In determining the best interest of the community, the board may seek and consider recommendations from the planning commission serving the community. No member of the local or county board or other school official shall be held liable in damages for any injury to person or property resulting from the use of the school buildings or property. No lease or sale shall be used to avoid any school integration requirement. A local board of education may also dispose of surplus property as provided in §§ 49-6-2006 and 49-6-2007, it being the legislative intent that a local board at its discretion may dispose of surplus property to private owners as well as civic or community groups as provided by this subdivision (b)(10); (11) Establish and operate before and after school care programs in connection with any schools, before or after the regular school day and while school is not in session. Tennessee investment in student achievement formula (TISA) funds and required local contributions cannot be used in connection with the operation of a before or after school care program. The board may charge a fee of any child attending a before or after school care program; (12) Contract for the management and operation of the alternative schools provided for in § 49-6-3402 with any other agency of local government; (13) Include in student handbooks, or other information disseminated to parents and guardians, information on contacting child advocacy groups and information on how to contact the state department of education for information on student rights and services; (14) Cooperate with community organizations in offering extended learning opportunities; (15) Apply for and receive federal or private grants for educational purposes. Notwithstanding title 5, chapter 9, part 4, except for grants requiring matching funds, in-kind contributions of real property or expenditures beyond the life of the grant, appropriations of federal or private grant funds shall be made upon resolution passed by the local board of education and shall comply with the requirements established by the granting entity. A county board of education or city board of education shall provide a copy of such resolution to the local legislative body as notice of the board's actions within seven (7) days of the resolution's passage; and (16) Operate ungraded or unstructured classes in grades kindergarten through three (K-3). The operation of ungraded or unstructured classes does not impair the LEA's ability to receive funds under the Tennessee investment in student achievement formula (TISA). (c) (1) Notwithstanding title 8, chapter 44, part 1, a local board of education may conduct a scheduled board meeting by electronic means, including, but not limited to, telephone, videoconferencing, or other web-based media pursuant to this subsection (c). (2) A board meeting shall not be conducted with electronic participation unless a quorum of members is physically present at the location of the meeting. (3) A board member may only participate electronically in a scheduled board meeting pursuant to this subsection (c) if: (A) The member participating by electronic means can be visually identified by the chair; and (B) (i) The member is out of the county due to work; provided, that the member participates electronically for such reason no more than two (2) times per year; (ii) The member is sick or in a period of convalescence on the advice of a healthcare professional that the member not appear in person; provided, that the member participates electronically for such reason no more than three (3) times per year; (iii) The member is out due to inclement weather or natural disaster if the schools in the LEA are closed; provided, that the member participates electronically for such reason no more than three (3) times per year; (iv) The member has a family emergency that inhibits the member from attending the board meeting in person; provided, that the member participates electronically for such reason no more than two (2) times per year; or (v) The member is out of the county due to military service. (4) A board member wishing to participate in a scheduled board meeting electronically who is or will be out of the county because of work shall give at least five (5) days' notice prior to the scheduled board meeting of the member's intention to participate electronically. (5) The local board of education shall develop a policy for conducting electronic meetings pursuant to this subsection (c). (d) (1) (A) Notwithstanding any law to the contrary, the local boards of education, the municipal legislative bodies, and the county legislative body are authorized to negotiate and enter into a binding agreement that addresses the municipality's or county's responsibility to remit certain gross receipt taxes owed by the municipality or county, under § 57-4-306(a)(2), as such subdivision existed prior to July 1, 2014, if: (i) At any time prior to entering the binding agreement authorized in subdivision (d)(1)(A), a municipality or county has received from the commissioner of revenue gross receipt taxes collected by the department under § 57-4-301(c) and as authorized by § 57-4-306(a)(2), as such subdivision existed prior to July 1, 2014; and (ii) Thereafter the municipality or county, acting in good faith did not remit the proceeds to the appropriate school fund, system, or systems as required by § 57-4-306(a)(2), as such subdivision existed prior to July 1, 2014. (B) Such agreement, in determining the municipality's or county's responsibility to remit certain gross receipt taxes owed by the municipality or county, under § 57-4-306(a)(2), as such subdivision existed prior to July 1, 2014, may permit the municipality or county to offset its liability in whole or in part by past, present or future appropriations, expenditures, allocation of revenue, gifts, capital projects or other similar payments, grants, or any consideration made by the municipality or county to the school system, on behalf of the school system, or otherwise directly benefitting the school system. (2) Such agreement shall be entered into and approved no later than August 31, 2014, and shall be the final understanding of the obligations between the parties and shall not be subject to additional requests or demands. A copy of this agreement shall be filed with the comptroller of the treasury and the commissioner of revenue. If any party defaults, then the aggrieved party shall notify the comptroller of the default. The comptroller shall deliver by certified mail a written notice of such default to the defaulting party within five (5) business days of receiving the notice. In the event the defaulting party fails to cure the default within sixty (60) days of the receipt of such notice, the comptroller shall direct the commissioner to withhold future distributions of proceeds authorized under § 57-4-306(a)(2), as such subdivision existed prior to July 1, 2014, to the defaulting party. Upon the commissioner's withholding of the proceeds, an aggrieved party shall have the authority to pursue equitable relief against the defaulting party in the chancery court of Davidson County. Upon receipt of a copy of the final judgment of the court, the commissioner shall distribute all withheld proceeds to the defaulting party, which shall remit such proceeds to the aggrieved party pursuant to the judgment. If the amount of the judgment is not satisfied by the withheld proceeds, the defaulting party shall be solely responsible for remitting future proceeds to the aggrieved party pursuant to the judgment. (3) (A) If by September 1, 2014, the local boards of education, the municipal legislative bodies, and the county legislative body fail to enter into a binding agreement as authorized under subdivision (d)(1)(A), then any party may: (i) Seek equitable relief in the chancery court of Davidson County; or (ii) Request the comptroller to undertake binding arbitration to resolve any disagreements. The comptroller shall select the arbitrator. (B) Such equitable relief shall be limited to those proceeds received by the local political subdivision pursuant to § 57-4-306(a)(2), as such subdivision existed prior to July 1, 2014, and not remitted to the proper fund, system or systems as required by § 57-4-306(a)(2), as such subdivision existed prior to July 1, 2014, from July 1, 1999, to June 30, 2014. The amount owed the appropriate school fund, system, or systems may be paid in equal installments, but not to exceed ten (10) years. (C) All costs incurred by the comptroller of the treasury and the department of revenue under this subdivision (d)(3) shall be born equally by the parties. (D) In the event a party fails to pursue the remedies available pursuant to subdivision (d)(3)(A)(i) or (d)(3)(A)(ii) by December 31, 2014, then the party shall be barred from any other relief for proceeds received by a local political subdivision prior to July 1, 2014. (4) As the historical records of the comptroller of the treasury and the department of revenue permit, the comptroller of the treasury is authorized to provide to the local boards of education, the municipal legislative bodies, and the county legislative body the amount of the proceeds distributed to the local political subdivisions by the department under § 57-4-306(a)(2), as such subdivision existed prior to July 1, 2014. (5) This subsection (d) shall not apply to any action, case, or proceeding commenced prior to June 1, 2014. (6) Any agreement to address a municipality's or county's responsibility to remit certain gross receipt taxes owed by the municipality or county under § 57-4-306(a)(2) entered into prior to May 13, 2014, is hereby ratified and this subsection (d) shall not apply to such agreements. (7) This subsection (d) shall not apply in counties having a population, according to the 2010 federal census or any subsequent federal census of: not less than:..........nor more than: 98,900....................99,000 336,400....................336,500 (e) Notwithstanding any public or private act to the contrary, a local board of education's administrative office may be located within a building owned by the United States government, or an agency or instrumentality of the United States government, pursuant to a lease or easement authorized by the United States government. ”

Constraints on Tennessee school boards' authority

This section tracks constraints on school boards specific to Tennessee as of September 2024. It features constraints on school boards' authority from state law, collective bargaining agreements, and Parents' Bills of Rights.

Constraint on Tennessee school boards' authority by topic

This section features constraints on Tennessee school boards' authority on policies related to the following topics:

• Curriculum requirements
• Curriculum restrictions
• Book bans, removals, and restrictions
• Parental notification
• Discipline
• School board elections
• Public school choice and open enrollment
• Charter schools
• Cellphone bans

Curriculum requirements

Tennessee requires the following specific topics to be included in each district's curriculum:

• U.S. constitution,
• pledge of allegiance,
• Black history and culture,
• character education,
• AIDS,
• computer science,
• sexual violence awareness,
• art,
• music,
• U.S. government,
• Tennessee government,
• science,
• cursive,
• American history, and
• the free enterprise system.

Curriculum restrictions

Tennessee statute prohibits teaching sex education in grades K-5. State law also prohibits instruction in public schools regarding critical race theory. This includes the following topics listed in Tennessee law:

“ (a) An LEA or public charter school shall not include or promote the following concepts as part of a course of instruction or in a curriculum or instructional program, or allow teachers or other employees of the LEA or public charter school to use supplemental instructional materials that include or promote the following concepts: (1) One (1) race or sex is inherently superior to another race or sex; (2) An individual, by virtue of the individual's race or sex, is inherently privileged, racist, sexist, or oppressive, whether consciously or subconsciously; (3) An individual should be discriminated against or receive adverse treatment because of the individual's race or sex; (4) An individual's moral character is determined by the individual's race or sex; (5) An individual, by virtue of the individual's race or sex, bears responsibility for actions committed in the past by other members of the same race or sex; (6) An individual should feel discomfort, guilt, anguish, or another form of psychological distress solely because of the individual's race or sex; (7) A meritocracy is inherently racist or sexist, or designed by a particular race or sex to oppress members of another race or sex; (8) This state or the United States is fundamentally or irredeemably racist or sexist; (9) Promoting or advocating the violent overthrow of the United States government; (10) Promoting division between, or resentment of, a race, sex, religion, creed, nonviolent political affiliation, social class, or class of people; (11) Ascribing character traits, values, moral or ethical codes, privileges, or beliefs to a race or sex, or to an individual because of the individual's race or sex; (12) The rule of law does not exist, but instead is a series of power relationships and struggles among racial or other groups; (13) All Americans are not created equal and are not endowed by their Creator with certain unalienable rights, including, life, liberty, and the pursuit of happiness; or (14) Governments should deny to any person within the government's jurisdiction the equal protection of the law. (b) Notwithstanding subsection (a), this section does not prohibit an LEA or public charter school from including, as part of a course of instruction or in a curriculum or instructional program, or from allowing teachers or other employees of the LEA or public charter school to use supplemental instructional materials that include: (1) The history of an ethnic group, as described in textbooks and instructional materials adopted in accordance with part 22 of this chapter; (2) The impartial discussion of controversial aspects of history; (3) The impartial instruction on the historical oppression of a particular group of people based on race, ethnicity, class, nationality, religion, or geographic region; or (4) Historical documents relevant to subdivisions (b)(1)-(3) that are permitted under § 49-6-1011. (c) If the commissioner of education finds that an LEA or public charter school knowingly violated this section, then the commissioner shall withhold state funds, in an amount determined by the commissioner, from the LEA or public charter school until the LEA or public charter school provides evidence to the commissioner that the LEA or public charter school is no longer in violation of this section. ”

Federal law and guidance

Federal executive orders:

President Donald Trump (R) issued an executive order (E.O.) on January 29, 2025, entitled Ending Radical Indoctrination in K-12 Schooling, prohibiting federal funding that directly or indirectly facilitates K-12 instruction regarding what the bill calls gender or equity ideology. It directs federal executive agencies, including the U.S. Department of Education, to create a plan to relinquish federal funds from school or teacher certification programs that include what the E.O. called gender ideology or discriminatory equity ideology. The order defined discriminatory equity ideology as ideology that treats individuals as members of preferred or disfavored groups rather than as individuals and minimizes agency, merit, and capability in favor of immoral generalizations.

Book bans, removals, and restrictions

Tennessee school boards are required to develop a policy for reviewing school library materials in order to remove materials that are considered innapropriate.

“ (d) Each local board of education and public charter school governing body shall adopt a policy for developing and reviewing school library collections. The policy must include: (1) A procedure for the development of a library collection at each school that is appropriate for the age and maturity level of the students who may access the materials, and that is suitable for, and consistent with, the educational mission of the school; (2) A procedure for the local board of education or public charter school governing body to receive and evaluate feedback from a student, a student's parent or guardian, or a school employee regarding one (1) or more of the materials in the library collection of the student's or employee's school; and (3) A procedure to periodically review the library collection at each school to ensure that the school's library collection contains materials appropriate for the age and maturity level of the students who may access the materials, and that are suitable for, and consistent with, the educational mission of the school. (e) If a local board of education or public charter school governing body receives feedback according to the procedure established pursuant to subdivision (d)(2), then the local board of education or public charter school governing body shall evaluate and determine, within sixty (60) days from the date on which the feedback was received, whether the material is appropriate for the age and maturity level of the students who may access the materials, and whether the material is suitable for, and consistent with, the educational mission of the school. If a local board of education or public charter school governing body does not make a determination within sixty (60) days from the date on which the feedback was received, then the student, student's parent or guardian, or school employee who submitted feedback on the material may request the state textbook and instructional materials quality commission to evaluate the material, pursuant to § 49-6-2201 (m)(1 )(D). (f) If the local board of education or public charter school governing body determines that material contained in the school's library collection is not appropriate for the age and maturity level of the students who may access the materials, or is not suitable for, and consistent with, the educational mission of the school, then the material must be removed from the library collection. (g) The procedures adopted pursuant to this section are not the exclusive means to remove material from a school's library collection, and do not preclude an LEA, a school operated by an LEA, a public charter school, or the governing body of a public charter school from developing or implementing other policies, practices, or procedures for the removal of materials from a library collection. (h) A local board of education's or public charter school governing body's determination made on whether a material is appropriate for the age and maturity level of the students who may access the material, and whether the material is suitable for, and consistent with, the educational mission of the school, does not establish a contemporary community standard for purposes of title 39, chapter 17, part 9. ”

Case law:
The U.S. Supreme Court affirmed local school boards' authority to remove school books in Island Trees Sch. Dist. v. Pico by Pico in 1982 but held that school library books are distinct from curricular books, which school boards have more authority to regulate. The ruling held that school boards are charged with inculcating community values and may make curricular decisions accordingly. In Zykan v. Warsaw Community School Corp. in 1980, the Supreme Court held that school boards had discretionary power over curriculum, textbooks, and other educational matters but could not impose religious creeds or "permanently the student’s ability to investigate matters that arise in the natural course of intellectual inquiry,” according to the opinion.

Federal guidance

The U.S. Department of Education’s Office for Civil Rights rescinded all guidance against the removal of books and no longer employed a coordinator to investigate local district book removals as of January 24, 2025. The Department said they believed removing books from school libraries was a question of parental and community judgment, not civil rights, and that the office had no role as it related to book removal.

Parental notification

Tennessee requires parental notification in the following circumstances:

• a parent's student is truant or has an unexcused absence,
• the student has been suspended,
• the parent's student was involved in an act of harassment, intimidation, bullying, or cyber-bullying, or
• the student has requested an accommodation related to gender identity.

Case law: The United States Supreme Court ruled in Mahmoud v. Taylor on June 27, 2025, that Montgomery County Board of Education's introduction of LGBTQ+ related storybooks, along with its decision to withhold opt outs, placed an unconstitutional burden on the parents’ rights to the free exercise of their religion.

Discipline

See also: How does Tennessee compare to other states on school board authority over disciplinary policy?

Tennessee is one of 47 states that gives school boards authority over district disciplinary policy.

The relevant section of Tennessee Code § 49-2-203 is as follows:

“ (a) It is the duty of the local board of education to:... (section omitted for brevity) (7) Suspend, dismiss or alternatively place pupils, when the progress, safety or efficiency of the school makes it necessary or when disruptive, threatening or violent students endanger the safety of other students or school system employees; ”

Federal guidance

President Donald Trump (R) issued an Executive Order (E.O.) titled Reinstating Common Sense School Discipline Policies on April 23, 2025, that required the Secretary of Education, in consultation with the Attorney General, to issue guidance local educational agencies (LEAs) and State educational agencies (SEAs) regarding "school discipline and their obligations not to engage in racial discrimination under Title VI in all contexts, including school discipline," according to the order. The first Trump administration rescinded guidance issued in 2014 under the Obama administration that suggested that higher rates of discipline for racial minorities could be evidence of discrimination and could cause schools to lose federal funding. Trump's 2025 E.O. argued that the guidance "effectively required schools to discriminate on the basis of race by imposing discipline based on racial characteristics, rather than on objective behavior alone." Though the guidance was rescinded in 2018, the U.S. Department of Education continued to collect data regarding the racial breakdown of disciplinary actions taken across the country. Trump's 2025 E.O. prohibits schools from engaging in what it called racial discrimination in the application of school discipline.

School board elections

See also: Rules governing school board election dates and timing in Tennessee, How does Tennessee compare to other states on school board authority over election timing?

Tennessee is one of 42 states in which school boards do not have authority over the timing of school board elections because state or municipal laws determine school board election dates.

Click here to read about the laws governing school board elections in Tennessee.

Public school choice and open enrollment

See also: School choice in Tennessee

Intradistrict and interdistrict public school choice are mandated by Tennessee Code § 49-2-128:

“ Each LEA shall develop a policy whereby the LEA shall provide for an open enrollment period during which parents or guardians may choose from a list of the LEA schools with available space and request a transfer. The policy shall be developed and implemented to provide an open enrollment period for the 2014-2015 school year and every school year thereafter. If the transfer is granted, the parents or guardians are responsible for transportation to the new school. The student shall maintain satisfactory attendance, behavior and effort to remain in the new school. ”

Federal law and guidance

Federal law:

Federal law requires all school districts to allow open enrollment for students zoned for what states deem as unsafe schools or students who have been victims of violent crimes at school. The policy is titled the Unsafe School Choice Option (USCO); it was enacted in 1965 in the Elementary and Secondary Education Act (ESEA), amended by the No Child Left Behind Act in 2001, and continued under the Every Student Succeeds Act (ESSA) in 2015. Under the USCO, states must establish a USCO policy, identify persistently dangerous schools and offenses considered to be violent crime, and ensure that school districts provide a safe public school option for all students.

Charter schools

See also: Charter schools in Tennessee, How does Tennessee compare to other states on school board authority over charter schools?

Tennessee is one of 36 states that grant school boards at least some authority over whether charter schools are issued in their district.

While local school boards retain the authority to approve or deny charter school applications for their district, some exceptions apply:

• If the Tennessee Public Charter School Commission has overturned a local school board's decision to deny a charter school application for three consecutive years, then for five years following the third overturn of the local board's application denial, charter school sponsors can apply directly to the commission.
• Public institutions of higher education seeking to establish a charter school may apply directly to the Tennessee Public Charter School Commission or the local school board.

“

Section 49-13-104 (4) "Authorizer" means: (A) A local board of education, the Tennessee public charter school commission, or the achievement school district as defined in § 49-1-614, that makes decisions regarding approval, renewal, and revocation of a public charter school application or agreement; and (B) Includes the state board of education until 11:59 p.m. on June 30, 2021; Section 49-13-108 (h) (1) Beginning on July 1, 2025, if the commission has overturned a local board of education's decision to deny a public charter school application on three (3) separate occasions within a three-consecutive-year period, then, for the five-consecutive-year period immediately following the date on which the commission overturned the board's third decision to deny a public charter school application within the last three (3) years, any sponsor that seeks to establish a new public charter school in that LEA may apply directly to the commission. (2) If a sponsor elects to apply directly to the commission pursuant to this subsection (h), then the application process must be conducted in accordance with § 49-13-107 and with the following: (A) The commission shall rule by resolution, at a regularly or specially called meeting, to approve or deny a public charter school application no later than ninety (90) days after the date on which the commission received the completed application. If the commission fails to approve or deny a public charter school application within ninety (90) days, then the public charter school application is deemed approved; (B) If the commission denies an application, then the grounds for denial must be stated in writing and must specify objective reasons for the denial. Upon receipt of the grounds for denial, the sponsor has thirty (30) days to submit an amended application to correct any deficiencies. Upon receipt of the amended application, the commission has sixty (60) days to deny or approve the amended application. If the commission fails to approve or deny the amended application within sixty (60) days, then the amended application is deemed approved; (C) If the commission approves an application, then the commission is the authorizer and LEA for that public charter school; and (D) The commission's decision is final and not subject to appeal. (3) After the five-consecutive-year period during which a sponsor may apply directly to the commission for approval pursuant to this subsection (h), a sponsor that seeks to establish a new public charter school must apply directly to the local board of education unless the conditions in subdivision (h)(1) are met in the future. (i) (1) A public institution of higher education in this state that seeks to open a public charter school may apply to the local board of education or directly to the commission. If a public institution of higher education in this state elects to apply directly to the commission for approval of its public charter school application, then the application process must be conducted in accordance with § 49-13-107.

”

Cellphone bans

See also: How does Tennessee compare to other states on cellphone laws?

Tennessee is one of 26 states with state laws or executive orders prohibiting or limiting cell phones in classrooms and/or schools, including through requiring school boards to pass certain policies.

Collective bargaining agreements

Teacher union collective bargaining agreements (CBAs) can constrain school board authority. Teacher CBAs are agreements between a school district and a teachers’ union to establish rights and other contract details for public school employees. CBAs do not have the force of law, but are contractually binding for a set period of time. Within the time set out in the agreement, the school board must comply with the stipulations that were agreed to in the contract. In this way, CBAs can constrain school board authority by giving teachers authority over curriculum, prohibiting school boards from banning books, and establishing certain student or parental rights. They can also determine rights and protections for educators, and conditions for students (such as required recess periods or the amount of standardized testing), among other provisions.

CBAs vary greatly within and across states in size, topics covered, and constraints they put on school boards. Not all states allow teachers to bargain collectively. As of January 2022, 35 states and the District of Columbia guaranteed K-12 teachers some right to bargain collectively, and six states prohibited public-sector employee collective bargaining by law, which includes public school teachers. The other nine states have no statewide bargaining framework, but local jurisdictions within these states can grant bargaining rights if they choose.

Tennessee school boards are no longer legally allowed to engage in collective bargaining agreements with school employees as of 2011. Collective bargaining was replaced with collaborative conferencing, which is non-binding as opposed the contractually binding agreements that result from the bargaining process.

Parents' bill of rights

See also: How does Tennessee compare to other states on Parents' Bills of Rights?

Tennessee is one of 26 states that has a Parents' Bill of Rights.

The statute holds that parents have the right to the care, custody, and control of their children, including the right to direct their upbringing, education, health care, and mental health care, among other provisions. The text is as follows:

“ (a) The liberty of a parent to the care, custody, and control of the parent's child, including the right to direct the upbringing, education, health care, and mental health of the child, is a fundamental right. (b) A government entity shall not substantially burden the fundamental rights of a parent as provided under this section unless the government entity demonstrates that the burden, as applied to the parent and the child, is required by a compelling governmental interest of the highest order and is the least restrictive means of furthering that compelling governmental interest. (c) All parental rights are exclusively reserved to a parent of a child without obstruction by or interference from a government entity, including, but not limited to, the following rights and responsibilities: (1) To direct the upbringing of the child; (2) To direct the moral or religious training of the child; (3) To make all physical and mental healthcare decisions for the child and consent to all physical and mental health care on the child's behalf, as provided in § 63-1-173; (4) To access and review all health and medical records of the child; (5) To direct the education of the child, including the right to choose public, private, religious, or home schools, and the right to make reasonable choices within public schools for the education of the child; (6) To access and review all educational records of the child maintained by the school, including those maintained in accordance with § 49-1-704 of the Data Accessibility, Transparency and Accountability Act and the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g); (7) To have the child excused from school attendance for religious purposes; (8) To participate in parent-teacher associations and school organizations that are sanctioned by the board of education of a local education agency; (9) To be notified promptly if an employee of the state reasonably believes that abuse, neglect, or any criminal offense has been committed against the child by someone other than the parent, unless doing so would interfere with a criminal investigation or department of children's services investigation, or unless an employee of the state, a political subdivision of the state, a local education agency, a public charter school, or any other governmental entity is required by law to withhold such information; (10) To consent before the collection, storing, or sharing of any individual biometric data, data relative to analysis of facial expressions, electroencephalogram brain wave patterns, skin conductance, galvanic skin response, heart-rate variability, pulse, blood volume, posture, and eye-tracking, as specified in §§ 49-1-706 and 49-2-211; (11) To consent before any record of the child's blood or deoxyribonucleic acid (DNA) is created, stored, or shared, unless authorized by law or pursuant to a court order; and (12) To consent before any government entity makes a video or voice recording of the child, unless the video or voice recording is made during or as a part of: (A) A court proceeding; (B) A law enforcement interaction; (C) A forensic interview in a criminal or department of children's services investigation; (D) The security or surveillance of buildings or grounds; (E) A photo identification card; or (F) A public event where the child has no reasonable expectation of privacy. (d) (1) This section does not authorize or allow any individual to abuse, neglect, or endanger a child as defined by § 39-15-401. (2) This section does not prevent the department of children's services from conducting an investigation or otherwise carrying out its responsibilities under state law. (3) This section does not apply when: (A) A parent of the minor has given blanket consent authorizing the person or entity to perform an activity listed in subsection (c); (B) A government entity or any other person reasonably relies in good faith on an individual's representations that the individual is the parent of a minor or has otherwise been granted authority to make decisions regarding a minor's care under state law; (C) A person, including a law enforcement officer, participates or assists in rendering emergency care pursuant to § 63-6-218; (D) An employee of a local education agency acts to control bleeding using a bleeding control kit pursuant to § 49-2-137; or (E) Services are provided to or information is received or maintained about a minor enrolled in an institution of higher education or a minor participating in a program for which the minor's parent has consented to the child's participation by an employee of the institution of higher education or other school official. (e) A public employee, other than law enforcement personnel, shall not encourage or coerce a child to withhold information from the child's parent. A public employee shall not withhold from a child's parent information that is relevant to the physical, emotional, or mental health of the child unless required by law to withhold such information. (f) (1) A parent whose rights have been burdened by a government entity in violation of this section may assert that violation of this section as a claim or defense in any judicial or administrative proceeding, without regard to whether the proceeding is brought by or in the name of the state, a private person, or another party. (2) A parent who prevails in a proceeding to enforce this section against a government entity may recover the following from a court of competent jurisdiction: (A) Declaratory relief; (B) Injunctive relief; and (C) Compensatory damages, including reasonable costs and attorney's fees. (g) A person or entity that is not a parent shall not have standing to raise in any proceeding in this state the fundamental rights of a parent established in subsection (a). ”

How does Tennessee compare to other states?

This section compares Tennessee's school board authority and constraints with those of other states on select topics. These topics include authority over discipline policy, school board election timing, charter schools, cellphone use policy, as well as constraints on school boards' authority from Parents' Bills of Rights.

Book bans, removals, and restrictions

Twenty-two (22) states have no laws regulating the curation of school library books. Twenty-eight (28) states, however, have passed laws restricting school board authority over school library book curation. These laws typically fall into one of the following categories:

• Twelve states require school boards to develop a policy for the removal of books, including creating a way for the public to challenge school library books.
• Ten states prohibit school boards from removing books on the grounds that they represent specific ideologies or perspectives.
• Six states prohibit books if they contain specific material, including sexual content or anything deemed harmful to minors.
• Five states require school boards to establish local boards to review challenges to library books.
• Two states require school boards to allow parents to view a catalogue of books.

Some states have adopted multiple types of these policies.

Discipline

• School boards in 47 states have authority over disciplinary policy in their district.
• School boards in two states have authority over disciplinary policy for specific circumstances, such as suspension, expulsion, or bullying.
• Individual schools in one state create their own disciplinary policy.

School board elections

School boards' authority over the timing of school board elections varies by state.

• School boards in 42 states do not have authority over election timing;
• School boards in five states can choose from limited options when to hold school board elections;
• School boards in two states can choose from a date range when to hold school board elections;
• The school board in Hawaii is not elected.

The map below shows the types of authority school boards in the states have to determine the timing of school board elections.

Charter schools

See also: Charter schools in the United States

Some school boards in the U.S. are authorized to approve or deny applications for charter schools in their district, while state boards of education hold the authority in other states. In some states, school boards can authorize charter schools, but there are other entities besides school boards that can also authorize charter schools or to which a school board decision can be appealed.

• 10 states do not authorize school boards to make decisions on whether to approve new charter schools in their districts.
• 36 states do authorize school boards to approve new charter schools in their districts, deny approval to new charter schools, or both.
• 3 states do not have laws governing charter school authorization.
• 1 state allows school districts to apply to the state board of education to be a charter school district.

State cellphone laws

See also: State policies on cellphone use in K-12 public schools

In most states, school boards or superintendents often set policies on cellphones in public schools. According to the National Center for Education Statistics (NCES), around 76% of schools said they banned the non-academic use of cellphones or smartphones during school hours during the 2021-22 school year, down from 91% in 2010.

Beginning with Florida in 2023, some states enacted laws or policies to regulate student cellphone usage in public schools. Twenty-six (26) states had statewide laws or policies restricting cellphone use in K-12 classrooms or schools as of June 2025. Four states had requirements for all school district boards to adopt a policy on cellphones but without specific requirements for those policies. Five other states had policies encouraging school districts to establish restrictions on cellphone use in the classroom.

Parents' Bill of Rights

See also: Parents' Bill of Rights in education

If state law explicitly provides certain rights to parents, it can constrain the policy-making authority of school boards. These sections of statute are often referred to within statute and are categorized here as Parents' Bills of Rights. In some states, they are education-specific, regarding the rights a parent has to be involved in their child's public education. Common examples include notification requirements, opt-out rights, and records access. Other Parents' Bills of Rights are more general, commonly affording parents a right to direct the upbringing of their child.

• 26 states have enacted a statewide Parents' Bill of Rights
• 24 states have not enacted a Parents' Bill of Rights.

Noteworthy events

See also: Overview of trends in K-12 curricula development

• Tennessee governor signs bill to prohibit sex education in K-5 curriculum (2024): Tennessee Governor Bill Lee (R) signed SB 1210 into law on May 21, 2024, to prohibit sexual education in grades K-5, stating that “instruction in topics related to sexual activity are not age-appropriate for students.” The bill did not prohibit schools from instruction about the “detection, intervention, prevention, and treatment of child sexual abuse and human trafficking,” according to the text. The bill took effect May 21, 2024.

• Tennessee governor signs firearm safety instruction bill (2024): Tennessee Governor Bill Lee (R) signed SB 2923 on April 23, 2024, that proposed requiring schools to teach what the bill called age- and grade-appropriate firearm safety beginning in the 2025-2026 school year. The firearm safety curriculum included safe storage of firearms, school safety relating to guns, and avoiding injury from and contact with found firearms. The bill required that instruction regarding firearms must be politically neutral and avoid topics such as the Second Amendment to the United States Constitution. The bill prohibited firearms from being present during instruction.

• Tennessee teacher group sues state over law governing instruction on social issues (2023): The Tennessee Education Association filed a lawsuit on July 25, 2023, in the United States District Court for the Middle District of Tennessee challenging a state law enacted in 2021 that prohibited educators from teaching “certain concepts about racism, sexism, bias, and other social issues,” according to Chalkbeat Tennessee.

• Parents sue Tennessee school district over curriculum's race and gender topics (2022): The parent group Parent's Choice Tennessee on July 8, 2022, filed a lawsuit in the Tennessee Twenty-First Judicial District against state education officials and Williamson County Schools for allegedly violating state laws that restricted teachings on race and gender. Tennessee law prohibited school districts from incorporating materials into the curriculum that portray the United States as racist or sexist, or that make students feel uncomfortable because of their race or sex. The parent group, which claimed the school district’s English language arts curriculum contained what the group considered to be age-inappropriate material that discussed topics of race, sought permanent removal of the curriculum. Judge Michael Binkley, who heard the case on November 10, 2022, held that the teachings in question did not constitute critical race theory. Binkley agreed with arguments that Parents' Choice Tennessee had ignored state law by filing a grievance directly with the court.

See also

• Local school board authority across the 50 states
• K-12 curriculum authority, requirements, and statutes in the states
• State policies on cellphone use in K-12 public schools
• Rules governing school board election dates and timing
• Charter schools
• School choice
• Parents' Bill of Rights in education
• Ballotpedia:Index of Contents
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