Terms Used In Tennessee Code > Title 21 > Chapter 1 - Bills in Chancery

• Academic requirement: means a requirement of a specified grade point average, ACT or SAT score or cumulative grade point average that determines either initial or continuing eligibility for postsecondary financial assistance from net lottery proceeds. See Tennessee Code 49-4-902
• Academic year: means three (3) consecutive semesters beginning with a fall semester and including the spring and summer semesters immediately succeeding the fall semester. See Tennessee Code 49-4-902
• ACT: means the ACT assessment administered by ACT. See Tennessee Code 49-4-902
• ADM: means the sum of the total number of days a student is enrolled divided by the number of days school is in session during this period. See Tennessee Code 49-3-104
• Advanced degree: means a master's degree, a doctorate or other degree conferred by an eligible postsecondary institution upon completion of a unified program of study at the graduate level. See Tennessee Code 49-4-902
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Agriculture: means :
  (i) The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• 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
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Authority: means the Tennessee state school bond authority created by §. See Tennessee Code 49-3-1202
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• bank: means a local system accounting of voluntarily pooled and irrevocably donated accumulated personal sick leave that is collected for the purpose of providing sick leave to members of the program who have suffered an unplanned personal illness, injury, disability or quarantine and whose personal sick leave is exhausted. See Tennessee Code 49-5-802
• Base funding amount: means the uniform dollar amount that each student generates towards the student's funding allocation in a given year. See Tennessee Code 49-3-104
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Baseline funding amount: means :
  (A) The basic education program allocations an LEA received in the 2022-2023 school year. See Tennessee Code 49-3-104
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Board: means the board of education of any LEA. See Tennessee Code 49-3-302
• Board: means both the board of trustees of the University of Tennessee and the state board of education, or either of them. See Tennessee Code 49-3-1102
• Board: means the board of trustees of the University of Tennessee or the board of regents of the state university and community college system, or both, as the case may be. See Tennessee Code 49-3-1202
• Board: means the local board of education holding jurisdiction in its respective territory. See Tennessee Code 49-5-501
• Bonds: means any bonds of the board issued pursuant to this part. See Tennessee Code 49-3-1102
• Career and technical program: means a coordinated, non-duplicative sequence of academic and technical content that:
  (A) Incorporates challenging state academic standards. See Tennessee Code 49-3-104
• Chambers: A judge's office.
• Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
• Collaborative conferencing: means the process by which the chair of a board of education and the board's professional employees, or such representatives as either party or parties may designate, meet at reasonable times to confer, consult and discuss and to exchange information, opinions and proposals on matters relating to the terms and conditions of professional employee service, using the principles and techniques of interest-based collaborative problem-solving. See Tennessee Code 49-5-602
• Commissioner: means the commissioner of education. See Tennessee Code 49-3-104
• Commissioner: means the commissioner of education. See Tennessee Code 49-3-302
• Commissioner: means the commissioner of commerce and insurance. See Tennessee Code 49-4-101
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Concentrated poverty: means that a student is a member in a school that is eligible for Title I schoolwide designation. See Tennessee Code 49-3-104
• Continuous enrollment: means a student is enrolled in the fall and spring semesters of a single academic year. See Tennessee Code 49-4-902
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• corporation: means the corporation created by §. See Tennessee Code 49-3-1202
• Corporation: means a corporation or association not for profit authorized to administer a plan in the state. See Tennessee Code 49-4-101
• Cost differential: means that factor establishing a rate of reimbursement for a program relative to the reimbursement of one (1) FTEADA in grades four through six (4-6) as established in §. See Tennessee Code 49-3-302
• Cost of attendance: means the combined cost of tuition, mandatory fees, room and board, books and other educational expenses as determined by the financial aid office of the eligible postsecondary institution. See Tennessee Code 49-4-902
• County mayor: means and includes "county executive" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
• Course completion: means the last day of instruction for the period or semester as determined by the student's educational institution. See Tennessee Code 49-4-1003
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Dental school: means an educational facility created and operated as part of a program that grants the degree of doctor of dental surgery or doctor of dental medicine to the graduates of such educational facility. See Tennessee Code 7-90-103
• Department: means the department of education. See Tennessee Code 49-3-104
• Dependent: A person dependent for support upon another.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• diploma: means a credential, other than a degree, the receipt of which indicates satisfactory completion of training in an eligible program of study offered by an eligible postsecondary institution. See Tennessee Code 49-4-902
• Direct allocation: means an allocation in addition to the base funding amount for a student expressed as a flat dollar amount. See Tennessee Code 49-3-104
• Director of schools: refers to the local director of schools, or to any other officer performing the functions of a director of schools. See Tennessee Code 49-5-501
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Docket: A log containing brief entries of court proceedings.
• Donor: The person who makes a gift.
• Dual enrollment grant: means a grant for study at an eligible postsecondary institution that is funded from net proceeds of the state lottery and awarded to students who are attending high school and who are also enrolled in college courses at eligible postsecondary institutions for which they will receive college credit. See Tennessee Code 49-4-902
• Economically disadvantaged: means , as defined in Tennessee's Every Student Succeeds Act (ESSA) plan established pursuant to the federal Every Student Succeeds Act (20 U. See Tennessee Code 49-3-104
• Educational institution: means any public university, college, community college, college of applied technology, or any private college or university that is regionally accredited and has its primary campus domiciled in this state. See Tennessee Code 49-4-1003
• Educational program: means a program offered by an educational institution through which a student can earn a certificate or diploma, but does not mean a doctoral program. See Tennessee Code 49-4-1003
• Eligible high school: means :
  (A) A Tennessee public secondary school. See Tennessee Code 49-4-902
• Eligible independent postsecondary institution: means :
  (A) An institution created by testamentary trust for which the state acts by statute as trustee and for which the governor is authorized to appoint commissioners with the advice and consent of the senate and that offers courses leading to undergraduate degrees. See Tennessee Code 49-4-902
• Eligible postsecondary institution: means an eligible independent postsecondary institution or an eligible public postsecondary institution. See Tennessee Code 49-4-902
• Eligible program of study: means :
  (A) A curriculum of courses leading to a certificate or diploma at a Tennessee college of applied technology. See Tennessee Code 49-4-902
• Eligible public postsecondary institution: means :
  (A) An institution operated by the board of regents of the state university and community college system. See Tennessee Code 49-4-902
• Employee organization: means any organization with membership open to teachers in which the teachers participate and that exists for the purpose, in whole or in part, of representing teachers' interest to boards of education of local public school systems. See Tennessee Code 49-5-802
• Entering freshman: means a student entering a postsecondary institution who has not attempted any semester hours at any postsecondary institution after graduating from high school, completing high school in a home school program or obtaining a high school equivalency credential approved by the state board of education. See Tennessee Code 49-4-902
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• FAFSA: means the Free Application for Federal Student Aid. See Tennessee Code 49-4-902
• Federal agency: means the United States, the president of the United States, the administrator of general services or such other agency or agencies as may be designated or created to make loans or grants or both pursuant to the recovery act or any further acts. See Tennessee Code 49-3-1102
• Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. ^{Source: OCC}
• Federal tuition assistance: means federal military tuition assistance other than Montgomery GI Bill benefits and Post-9/11 GI Bill benefits. See Tennessee Code 49-4-1003
• Fiscal capacity: means the percentage of the local share that a county must contribute. See Tennessee Code 49-3-104
• Fiscal capacity calculation: means the formula evaluated by the comptroller of the treasury and approved by the state board that determines fiscal capacity as the average of the fiscal capacity estimates generated by the formula established by the Boyd Center for Business and Economic Research at the University of Tennessee and the formula established by the Tennessee advisory commission on intergovernmental relations. See Tennessee Code 49-3-104
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fiscal year: means the period beginning January 1 and ending December 31 of each year. See Tennessee Code 49-4-101
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• FTEADA: means the average of the aggregated FTEs in attendance in one (1) program during the given reporting periods. See Tennessee Code 49-3-302
• Full-time student: means an undergraduate student attending a postsecondary educational institution who is enrolled for at least twelve (12) semester hours during each semester of attendance, or a graduate student enrolled in the requisite number of semester hours, as determined by the institution attended. See Tennessee Code 49-4-902
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• General assembly merit scholarship: consists of two (2) parts, a Tennessee HOPE scholarship and a general assembly merit scholar supplemental award. See Tennessee Code 49-4-902
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Gift aid: means scholarships and grants from any source that do not require repayment, including funds provided through the federal Foster Care Independence Act of 1999, compiled generally in title 42 U. See Tennessee Code 49-4-902
• Governing body: means the body in which the general legislative powers of a municipality are vested, and in the case of counties means the legislative body of any county. See Tennessee Code 7-90-103
• Grade point average: means the numbered grade average calculated using a 4. See Tennessee Code 49-4-902
• Graduate medical education: means the period of didactic and clinical education in a medical specialty or subspecialty which follows the completion of a recognized undergraduate medical education and which prepares physicians for the independent practice of medicine in that specialty or subspecialty, also referred to as residency education. See Tennessee Code 7-90-103
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
• Highway: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
• Home school student: means :
  (A) A Tennessee resident who completed high school in a home school program prior to July 1, 2021, meeting the requirements of §. See Tennessee Code 49-4-902
• Incompetence: means being incapable, lacking adequate power, capacity or ability to carry out the duties and responsibilities of the position. See Tennessee Code 49-5-501
• Inefficiency: means being below the standards of efficiency maintained by others currently employed by the board for similar work, or habitually tardy, inaccurate or wanting in effective performance of duties. See Tennessee Code 49-5-501
• Institution: means any one of the East Tennessee State University, Middle Tennessee State University, the University of Memphis, the Tennessee Technological University, the University of Tennessee and the University of Tennessee, Martin branch. See Tennessee Code 49-3-1102
• Institution: means :
  (A) The University of Tennessee system, including all of its branches and divisions wherever located, and the services, programs and activities provided therein, and the board of trustees of the University of Tennessee, in the aggregate. See Tennessee Code 49-3-1202
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
• LEA: means a county, city, or special school district, unified school district, school district of a metropolitan form of government, or another school system established by law. See Tennessee Code 49-3-104
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Lessee: means a private nonprofit or public educational institution, which provides a medical education program. See Tennessee Code 7-90-103
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Licensed personnel: means any person employed by an LEA and for whom licensure is required as a condition of employment by law. See Tennessee Code 49-3-302
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Loan agreement: means an agreement providing for the authority to loan the proceeds derived from the issuance of bonds, notes or other debt obligations pursuant to this chapter to a local government to be used to pay the cost of one (1) or more qualified zone academy projects. See Tennessee Code 49-3-1202
• Local contribution: means the dollar amount of local funds that a local government must pay toward the local share. See Tennessee Code 49-3-104
• Local government: means any county, metropolitan government, incorporated city or town or special school district in this state and the state board of education acting on behalf of any special school listed in §. See Tennessee Code 49-3-1202
• local school district: means any county school system, city school system, special school district, unified school system, metropolitan school system or any other local public school system or school district created or authorized by the general assembly. See Tennessee Code 49-1-103
• Management personnel: means those professional employees certified by the local board of education to represent the board in the collaborative conferencing process. See Tennessee Code 49-5-602
• Management team: means employees who devote a majority of their time to the system-wide area or areas of professional personnel management, fiscal affairs or general management and shall specifically include principals, assistant principals, supervisors and others whose principal responsibilities are administration rather than teaching. See Tennessee Code 49-5-602
• Medical education program: means a program of study that is a biomedical research program, dental program, nursing program, medical program, including graduate medical education, or allied health program. See Tennessee Code 7-90-103
• Medical school: means an educational facility created and operated as part of a program that grants the degree of doctor of medicine to the graduates of such educational facility or provides graduate medical education. See Tennessee Code 7-90-103
• medical school authority: means any public corporation organized pursuant to this chapter. See Tennessee Code 7-90-103
• Member: means any person who is accepted as a member by the plan and who may later become eligible for a scholarship as provided in the charter and bylaws of the plan. See Tennessee Code 49-4-101
• Member: means an active member of a federally recognized unit of the Tennessee national guard who is maintaining satisfactory membership as defined by regulations of the department of the United States army and the department of the United States air force. See Tennessee Code 49-4-1003
• Membership: means a student is enrolled and assigned to a class. See Tennessee Code 49-3-104
• Memorandum of understanding: means the written document that memorializes and records the understanding reached by the board of education and its professional employees, or their respective representatives, if so designated, as to the terms and conditions of professional services set forth in this part. See Tennessee Code 49-5-602
• Metropolitan government: means the political entity created by consolidation of all, or substantially all, of the political and corporate functions of a county and a city or cities. See Tennessee Code 7-1-101
• Middle college: means a program operated by an eligible public two-year postsecondary institution in partnership with an LEA that permits students in the fall semester of their junior year in high school to enter the eligible public two-year postsecondary institution and to earn both a high school diploma and an associate degree in two (2) years. See Tennessee Code 49-4-902
• Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
• Month: means a calendar month. See Tennessee Code 1-3-105
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Municipality: means any county, metropolitan government or incorporated city or town in this state located in a county having a population of not less than ninety-one thousand eight hundred (91,800), according to the 2000 federal census or any subsequent federal census. See Tennessee Code 7-90-103
• Neglect of duty: means gross or repeated failure to perform duties and responsibilities that reasonably can be expected of one in such capacity or continued unexcused or unnecessary absence from duty. See Tennessee Code 49-5-501
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Nontraditional student: means a student who:
  (A) Is an independent student, as determined by the FAFSA, who has enrolled in a baccalaureate degree program at an eligible four-year postsecondary institution and attempted at least twelve (12) semester hours. See Tennessee Code 49-4-902
• Oath: A promise to tell the truth.
• Oath: includes affirmation. See Tennessee Code 1-3-105
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Officer-producing program: means a reserve officer training corps program offered through a college or university. See Tennessee Code 49-4-1003
• Oversight: Committee review of the activities of a Federal agency or program.
• Parent: means the parent or guardian of a student. See Tennessee Code 49-4-902
• Part-time student: means an undergraduate student attending a postsecondary educational institution who is enrolled for at least six (6) semester hours, but less than twelve (12) semester hours, during a semester of attendance, or a graduate student who is enrolled in less than the number of semester hours required by the institution for full-time students, as determined by the institution attended. See Tennessee Code 49-4-902
• participant: means any teacher who has joined the bank by making the initial donation of the minimum number of days necessary and has donated the subsequently assessed days. See Tennessee Code 49-5-802
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means one (1) or more individuals, organizations, associations, or their representatives. See Tennessee Code 49-5-602
• Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
• Personal property: All property that is not real property.
• Personal property: includes money, goods, chattels, things in action, and evidences of debt. See Tennessee Code 1-3-105
• Plan: means any educational cooperative plan or scholarship plan subject to this part. See Tennessee Code 49-4-101
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. ^Source:
• Postsecondary readiness assessment: means the assessment required pursuant to §. See Tennessee Code 49-3-104
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Professional employee: means any person employed by any local board of education in a position that requires a license issued by the department of education for service in public elementary and secondary schools of this state, supported, in whole or in part, by local, state or federal funds, but shall not include any member of the management team, as defined in this part, or a retired teacher who is employed as a teacher in accordance with title 8, chapter 36, part 8. See Tennessee Code 49-5-602
• Project: means any facilities or group of facilities to be used for a medical school, dental school, biomedical research, graduate medical education, nursing degree programs, or allied health profession degree programs. See Tennessee Code 7-90-103
• Project: means and includes buildings, structures, improvements and equipment of every kind, nature and description that may be required by or convenient for the purpose of an institution, including, without limiting the generality of the foregoing, administration, dining, exhibition, lecture, recreational and teaching halls, or parts of or additions to them. See Tennessee Code 49-3-1102
• Project: means and includes buildings, structures, improvements and equipment of every kind, nature and description, that may be required by or convenient for the purpose of an institution, or a combination of two (2) or more such buildings, structures, improvements and equipment. See Tennessee Code 49-3-1202
• Property: includes both personal and real property. See Tennessee Code 1-3-105
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• public agency: includes :
  (1) A board of education of any county, city or special school district or school system. See Tennessee Code 49-2-1303
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Quorum: The number of legislators that must be present to do business.
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Recovery act: means all acts or resolutions of the congress of the United States to encourage public works, to provide relief, work relief, or to increase employment by providing for useful projects and providing for the making of loans or grants or both. See Tennessee Code 49-3-1102
• Regional accrediting association: means :
  (A) The Middle States Commission on Higher Education. See Tennessee Code 49-4-902
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Representative: includes any person, or group of persons, organization or association that is designated and authorized by professional employees or local board of education to act for the professional employees or the local board, respectively, under this part. See Tennessee Code 49-5-602
• Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Road: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
• Rules and regulations: means those rules and regulations that the state board may adopt for the administration of this part. See Tennessee Code 49-3-302
• SAT: means the Scholastic Aptitude Test administered by the College Board. See Tennessee Code 49-4-902
• Scholarship: means educational benefits payable pursuant to a plan which shall not be deemed to be distribution of income to a member of a corporation. See Tennessee Code 49-4-101
• Scholarship: means a Tennessee HOPE scholarship or a Tennessee HOPE access grant. See Tennessee Code 49-4-902
• School credit bond project: means and includes the acquisition of land for, and the construction, renovation, repair, rehabilitation, improving or equipping of, school facilities for a local government or a public charter school, as defined in §. See Tennessee Code 49-3-1202
• SEA: means the department of education. See Tennessee Code 49-3-302
• Semester: means fall, spring, or summer semester at a postsecondary institution, if the institution is on a semester system, or the equivalent, if the institution is on a system other than a semester system. See Tennessee Code 49-4-902
• Semester: means a fall, spring, or summer semester at an educational institution, if the educational institution is on a semester system, or the equivalent, if the educational institution is on a system other than a semester system. See Tennessee Code 49-4-1003
• Semester hour: includes each semester hour attempted, whether remedial or for credit toward a degree, but shall not include any semester hour attempted before graduating from high school or earning a high school equivalency credential approved by the state board of education. See Tennessee Code 49-4-902
• Semester hour: means the credit hour used by an educational institution, if the institution is on a semester system, or its equivalent if the institution is on a system other than a semester system, and includes each semester hour attempted, whether remedial or for credit toward a degree, but does not include any semester hour attempted before graduating from high school or earning a high school equivalency diploma. See Tennessee Code 49-4-1003
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• sex: means a person's immutable biological sex as determined by anatomy and genetics existing at the time of birth and evidence of a person's biological sex. See Tennessee Code 1-3-105
• Sick leave: means a designated amount of compensation leave accumulated pursuant to §. See Tennessee Code 49-5-802
• signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
• Small district: means an LEA with a membership of one thousand (1,000) or fewer students. See Tennessee Code 49-3-104
• Sparse district: means a county LEA located in a county with fewer than twenty-five (25) students per square mile. See Tennessee Code 49-3-104
• State: means the state of Tennessee and, unless otherwise indicated by the context, any agency, authority, branch, bureau, commission, corporation, department or instrumentality of the state, now or hereafter existing. See Tennessee Code 7-90-103
• 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
• State board: means the state board of education. See Tennessee Code 49-3-104
• State board: means the state board of education. See Tennessee Code 49-3-302
• State salary schedule: means the salary schedule adopted by the state board for licensed personnel, which is based on training and experience. See Tennessee Code 49-3-302
• Statute: A law passed by a legislature.
• STEM: means science, technology, engineering, and mathematics. See Tennessee Code 49-6-1101
• STEM innovation hub: means a regional partnership of LEAs, institutions of higher education, STEM businesses, and community organizations that have formally committed to amplifying and accelerating the impact of STEM programs in the region. See Tennessee Code 49-6-1101
• Strike: means the failure with others to report for duty, the willful absence from one's position, the stoppage of work or the abstinence in whole or in part from the full, faithful and proper performance of the duties of employment, and without the lawful approval of one's superior. See Tennessee Code 49-5-602
• Subpoena: A command to a witness to appear and give testimony.
• system: means any local public school system, as defined in §. See Tennessee Code 49-5-802
• TCAP: means the Tennessee comprehensive assessment program. See Tennessee Code 49-3-104
• Teacher: includes teachers, supervisors, principals, director of schools and all other certificated personnel employed by any local board of education, for service in public, elementary and secondary schools in this state, supported in whole or in part by state or federal funds. See Tennessee Code 49-5-501
• Teacher: means all persons entitled to sick leave under §. See Tennessee Code 49-5-802
• teacher: means and includes any director of schools, assistant director of schools, principal, assistant principal, supervisor, assistant supervisor, persons in charge of any special department of instruction, and any teacher or instructor regularly employed as such by the school board of such city or county, town or district. See Tennessee Code 49-5-903
• Tennessee HOPE access grant: means a grant for coursework in an eligible program of study in pursuit of an associate, baccalaureate, or advanced degree at an eligible postsecondary institution that is funded from net proceeds of the state lottery and awarded to freshman students meeting the requirements of §. See Tennessee Code 49-4-902
• Tennessee HOPE scholarship: means a scholarship for coursework in an eligible program of study in pursuit of an associate, baccalaureate, or advanced degree at an eligible postsecondary institution that is funded from net proceeds of the state lottery and awarded under this part. See Tennessee Code 49-4-902
• Tennessee national guard: means the federally recognized units of the Tennessee army and air national guard. See Tennessee Code 49-4-1003
• terms and conditions of professional service: means those fundamental matters that affect a professional employee financially or the employee's employment relationship with the board of education and that are specifically designated as such under this part. See Tennessee Code 49-5-602
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• THEC: means the Tennessee higher education commission. See Tennessee Code 49-4-902
• TISA: means the student-based funding formula established pursuant to this part that consists of student-generated funding allocations pursuant to §. See Tennessee Code 49-3-104
• Title IV: means Title IV of the Higher Education Act of 1965, (20 U. See Tennessee Code 49-4-902
• To acquire: includes to purchase, erect, build, construct, reconstruct, repair, replace, extend, better, equip, develop or improve a project. See Tennessee Code 49-3-1102
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Training and experience factor: means the average training and experience of all licensed personnel in each LEA based upon the table of training and experience factors adopted by the state board. See Tennessee Code 49-3-302
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Transfer: means removal from one (1) position to another position under jurisdiction of the same board. See Tennessee Code 49-5-501
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• trustees: means those persons appointed to administer a local school system sick leave bank. See Tennessee Code 49-5-802
• TSAC: means the Tennessee student assistance corporation. See Tennessee Code 49-4-902
• TSIN: means the Tennessee STEM innovation network established in 2010 by executive order number 68 as a project within the department of education under an agreement with Battelle Memorial Institute, which is designated as the manager of TSIN and its activities. See Tennessee Code 49-6-1101
• Tuition: means the total semester, quarter, or classroom hour cost of instruction delineated in the catalog of an educational institution, including all mandatory fees. See Tennessee Code 49-4-1003
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• Unique learning need: means a learning need for which an LEA must provide the student individualized services, interventions, accommodations, or modifications to meet the student's need pursuant to §. See Tennessee Code 49-3-104
• Unique learning needs: include , but are not limited to, disabilities, characteristics of dyslexia, giftedness, or limited English proficiency. See Tennessee Code 49-3-104
• United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• Venue: The geographical location in which a case is tried.
• Weighted allocation: means an allocation in addition to the base funding amount for a student that is expressed as a percentage of the base funding amount. See Tennessee Code 49-3-104
• WFTEADA: means one (1) full-time equivalent average daily attendance multiplied by the cost differential for a program. See Tennessee Code 49-3-302
• Wilder-Naifeh technical skills grant: means a grant for coursework in an eligible program of study at a Tennessee college of applied technology operated by the board of regents of the state university and community college system that is funded from net proceeds of the state lottery and awarded under this part. See Tennessee Code 49-4-902
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
• written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
• Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105