(a)

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Terms Used In Tennessee Code 49-50-1001

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
(1) The commissioner of education may organize and supervise schools and classes according to the rules and standards established for the conduct of schools and classes of the public school system in this state in all institutions wholly or partly supported by this state that are not supervised by public school authorities.
(2) Schools and classes established in wholly state-owned institutions must be financed by the department of education.
(b) The state board of education shall direct the department of education to manage and control the Tennessee School for the Blind, Tennessee School for the Deaf, West Tennessee School for the Deaf, and Alvin C. York Agricultural Institute. The department of education may:

(1) Select and employ directors of schools, teachers, officers, and other employees for state special schools, including school counselors consistent with the requirements for LEAs set forth in § 49-6-303;
(2) Determine the salary and terms of employment for employees of state special schools;
(3) Recommend curricula for state special schools;
(4) Recommend to the state board of education for approval:

(A) Standards and policies for the minimum requirements for admission to, and discharge from, state special schools; and
(B) Rules to achieve for the school year a duty-free lunch period for all teachers, kindergarten through grade twelve (K-12), of at least the length of the student lunch period, during which time the teacher has no other assigned responsibilities;
(5) Receive donations of money, property, or securities from any source for the benefit of the institutions named in this subsection (b), which funds it shall, in good faith, disburse in accordance with the conditions of the gifts. Subject to the terms and conditions of legislative appropriations therefore, the department shall have the power to purchase land, condemn land, erect buildings and equip the buildings for the schools on such terms as it may deem advisable and advantageous and to pay for the property out of funds appropriated or donated to or for the schools. The department shall be vested with title to property so purchased or acquired;
(6) Administer the Tennessee School for the Blind, the Tennessee School for the Deaf, the West Tennessee School for the Deaf, and the Alvin C. York Agricultural Institute and to exercise with respect to these schools all the powers conferred upon it by § 12-1-109;
(7) Approve the budgets of the Tennessee School for the Blind, the Tennessee School for the Deaf, the West Tennessee School for the Deaf, and the Alvin C. York Agricultural Institute; and
(8) Employ at the Tennessee School for the Blind, the Tennessee School for the Deaf, the West Tennessee School for the Deaf, and the Alvin C. York Agricultural Institute at least one (1) employee who is a certified cardiopulmonary resuscitation (CPR) instructor. Such person shall be responsible for training other members of the school in CPR.
(c) For the purposes of this part:

(1) “Commissioner” means the commissioner of education; and
(2) “Department” means the department of education.
(d) The state board of education shall promulgate rules providing employees of the Tennessee School for the Blind, the Tennessee School for the Deaf, the West Tennessee School for the Deaf, the Alvin C. York Agricultural Institute, and any other special school hereafter established, the right to appeal to the board decisions of the commissioner relative to adverse job actions. Rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Appeals filed pursuant to the rules promulgated under this section are contested cases under title 4, chapter 5, part 3.
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