(a) LEAs may apply to the department of education for funding and approval of one (1) or more pre-kindergarten programs. LEAs may contract and enter into collaborative agreements for operation of these programs with nonschool system entities in the geographical area served by the LEA, including, but not limited to, nonprofit and for-profit child care providers and Head Start programs. LEAs shall not contract or collaborate with any child care provider licensed by the department of human services, unless that provider has attained the highest designation under the rated licensing system administered by the department of human services, pursuant to title 71, chapter 3, part 5.
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Terms Used In Tennessee Code 49-6-105

  • at-risk children: means :
    (1) Children who are:
    (A) Four (4) years of age on or before August 15. See Tennessee Code 49-6-104
  • Contract: A legal written agreement that becomes binding when signed.
  • 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
(b) As part of the application process, the LEA shall include a statement that it has given consideration to how to serve all children four (4) years of age within the geographical area served by the LEA, in the event programs are later authorized for all children, regardless of at risk status. The long range plan shall include the proposed sources of local matching funds required under §§ 49-6-103 – 49-6-110. Where applicable, the LEA is encouraged to include a resolution of support from the local governing body indicating intent to appropriate the required local matching funds. Applications that target establishing programs for at-risk children not served by an existing program shall be given preference in the application process. Documentation of local financial support shall also be considered as a factor in the application process. LEAs are encouraged to collaborate with nonschool system entities where such collaboration provides an efficient means for expansion of pre-kindergarten classrooms authorized under §§ 49-6-103 – 49-6-110.
(c) The commissioner of education shall establish the system for submitting applications and, subject to available funding, programs shall be approved on a competitive basis.
(d) An LEA shall include as part of its application:

(1) A plan for ensuring coordination between voluntary pre-kindergarten classrooms and elementary schools within the LEA, with the goal of ensuring that elementary grade instruction builds upon pre-kindergarten classroom experiences;
(2) A plan for engaging parents and families of voluntary pre-kindergarten students throughout the school year; and
(3) A plan for delivering relevant and meaningful professional development to voluntary pre-kindergarten teachers, specific to ensuring a high quality pre-kindergarten experience.
(e) LEAs that receive pre-kindergarten program approval under §§ 49-6-103 – 49-6-110 shall utilize the pre-k/kindergarten growth portfolio model approved by the state board of education, or a comparable alternative measure of student growth approved by the state board of education and adopted by the LEA, in the evaluation of pre-kindergarten and kindergarten teachers pursuant to § 49-1-302.
(f) Each LEA shall notify all teachers evaluated using a growth portfolio model of training and professional development opportunities available on growth portfolio models.
(g) Prior to the 2018-2019 school year, the department of education shall study the pre-k/kindergarten growth portfolio model, including the portfolio rubric, the method for the collection and submission of student work artifacts, and scoring. The study shall include feedback from pre-kindergarten and kindergarten teachers, as well as other teachers using other growth portfolio models.
(h)

(1) Notwithstanding subsection (e) or § 49-1-302(d)(2)(B)(ix), the state shall not require pre-kindergarten and kindergarten teachers employed in an LEA that receives pre-kindergarten program approval under §§ 49-6-103 – 49-6-110 to be evaluated using the pre-k/kindergarten growth portfolio model approved by the state board of education, or a comparable alternative measure of student growth approved by the state board of education and adopted by the LEA, for the 2019-2020 or 2020-2021 school year.
(2) This subsection (h) does not prohibit an LEA or public charter school from evaluating pre-kindergarten and kindergarten teachers using the pre-k/kindergarten growth portfolio model approved by the state board of education, or a comparable alternative measure of student growth approved by the state board of education and adopted by the LEA or public charter school, for the 2019-2020 or 2020-2021 school year. If an LEA or public charter school chooses to evaluate its pre-kindergarten and kindergarten teachers, for the 2020-2021 school year, using the pre-k/kindergarten growth portfolio model approved by the state board of education, or a comparable alternative measure of student growth approved by the state board of education and adopted by the LEA or public charter school, then the LEA or public charter school must notify the department by March 1, 2021.
(3) If an LEA or public charter school chooses to evaluate its pre-kindergarten and kindergarten teachers, for the 2019-2020 or 2020-2021 school year, using the pre-k/kindergarten growth portfolio model approved by the state board of education, or a comparable alternative measure of student growth approved by the state board of education and adopted by the LEA or public charter school, then data generated from the pre-k/kindergarten growth portfolio model, or the comparable alternative measure of student growth, shall not comprise the student growth portion of a teacher’s evaluation, as described in § 49-1-302(d)(2)(B)(ii), unless such use results in a higher final evaluation score for the teacher.
(4) As used in this subsection (h), “final evaluation score” has the same meaning as defined in § 49-1-302(d)(8).
(i) Selection of voluntary pre-kindergarten program sites must take into consideration the areas of greatest need, which may be determined by, but not limited to:

(1) School service areas with high percentages of children from families with incomes that meet the eligibility requirements for free or reduced-price lunch, as determined pursuant to 42 U.S.C. § 1771; or
(2) Access to early childhood education and pre-kindergarten programs within the county.
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