Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 02, 2024 | Updated by Findlaw Staff
(a) The commissioner and each local government shall distribute allocated education funding periodically throughout the school year according to a schedule established by the commissioners of education and finance and administration, subject to all applicable restrictions prescribed by law.
(b)(1) If, during the first year of implementation of the TISA, an LEA's allocated TISA funds total less than the LEA's baseline funding amount, then the department shall allocate additional funds to the LEA in an amount equal to one hundred percent (100%) of the difference between the LEA's baseline funding amount and the LEA's allocated TISA amount.
(2) If an LEA was eligible for additional funds under subdivision (b)(1), and if, during the second year of implementation of the TISA, the LEA's allocated TISA funds total less than the LEA's baseline funding amount, then the department shall allocate additional funds to the LEA in an amount equal to seventy-five percent (75%) of the difference between the LEA's baseline funding amount and the LEA's allocated TISA amount.
(3) If an LEA was eligible for additional funds under subdivisions (b)(1) and (b)(2), and if, during the third year of implementation of the TISA, the LEA's allocated TISA funds total less than the LEA's baseline funding amount, then the department shall allocate additional funds to the LEA in an amount equal to fifty percent (50%) of the difference between the LEA's baseline funding amount and the LEA's allocated TISA amount.
(4) If an LEA was eligible for additional funds under subdivisions (b)(1)-(3), and if, during the fourth year of implementation of the TISA, the LEA's allocated TISA funds total less than the LEA's baseline funding amount, then the department shall allocate additional funds to the LEA in an amount equal to twenty-five percent (25%) of the difference between the LEA's baseline funding amount and the LEA's allocated TISA amount.
(c)(1) An LEA's allocated education funding must not decrease more than five percent (5%) from one (1) year to the next year. If an LEA's TISA allocation decreases by more than five percent (5%) from the LEA's TISA allocation for the prior school year, then the department shall allocate additional funds to the LEA in an amount such that the decrease in the LEA's TISA allocation for the current year is only five percent (5%), except that the department shall not allocate additional funds to an LEA pursuant to this subsection (c) if the department is required to allocate additional funds to the LEA pursuant to subsection (b).
(2) Beginning with allocations for the 2025-2026 school year, for purposes of implementing subdivision (c)(1), the department shall determine whether an LEA is eligible for additional funds pursuant to subdivision (c)(1) based on funds generated by students in non-virtual schools only.
(d)(1)(A) Subject to available appropriations, the department shall distribute a grant to an LEA that:
(i) Is located within a county designated as distressed or at risk by the commissioner of economic and community development and for which the LEA's fiscal capacity and local contribution increase the LEA's maintenance of effort requirements pursuant to § 49-3-314(c)(3)(A); or
(ii) Is located within a county having an active tourism development zone agreement executed before July 1, 2023, and having a population of not less than ninety-eight thousand three hundred (98,300) nor more than ninety-eight thousand four hundred (98,400), according to the 2020 federal census or any subsequent federal census.
(B) An LEA that satisfies the criteria of subdivisions (d)(1)(A)(i) and (d)(1)(A)(ii) may receive multiple grants.
(2) Subject to available appropriations, the department shall distribute a cost differential factor (CDF) grant to an LEA located in a county in which the cost of living is greater than the statewide average. An LEA is eligible for a CDF grant if the LEA is located in a county for which the ratio between the county's non-governmental wages and the statewide non-governmental wages is greater than one (1), as calculated by the Boyd Center for Business and Economic Research at the University of Tennessee. The department shall determine the amount of a grant awarded to an eligible LEA pursuant to this subdivision (d)(2).
(e) Before a full and complete settlement is made with an LEA, the LEA must file all required records and reports with the commissioner.
(f) Notwithstanding § 49-3-105, if state funds available for distribution are insufficient to meet an LEA's TISA allocation for a school year, then the commissioner shall apply a pro rata reduction to the amount that each LEA is allocated.
(g) If the action prescribed in subsection (f) is necessary, then the commissioner, with the approval of the state board, may waive any requirements prescribed by law, rule, or otherwise until the state provides the required funding; provided, however, that the commissioner shall not waive the regulatory or statutory requirements listed in § 49-1-201(d)(1)(A)-(O).
(h) If a local government fails to include the local contribution in the local government's budget, then the comptroller of the treasury shall not approve the local government's budget.
(i)(1) For the 2026-2027 school year, if an LEAs TISA allocation for the current school year is less than the LEAs TISA allocation for the 2025-2026 school year and the LEA experienced disenrollment, then the department shall allocate additional funds to the LEA in the amount of the difference between the LEA's TISA allocation for the current school year and the LEA's TISA allocation for the 2025-2026 school year.
(2)(A) For the 2027-2028 and 2028-2029 school years, if an LEA's TISA allocation for the current school year is less than the LEA's TISA allocation for the 2025-2026 school year and the LEA experienced disenrollment, then the department shall allocate additional funds to the LEA in the amount of the average per pupil state funds received by the LEA in the immediately preceding school year for each student who disenrolled from the LEA in the immediately preceding school year and, at the time of the student's registration or enrollment, provided the LEA with the student's social security number.
(B) The department shall require each LEA, as a condition to the receipt of any additional funds pursuant to this subdivision (i)(2), to report to the department the reason for disenrollment provided by each non-virtual student who disenrolled from the LEA in the immediately preceding school year, regardless of whether the student provided the LEA with their social security number at the time of registration or enrollment.
(C) The sum total of any additional funds received by an LEA pursuant to this subdivision (i)(2) must not exceed the difference between the LEA's TISA allocation for the current year and the LEA's TISA allocation for the 2025-2026 school year.
(3)(A) Beginning with the 2029-2030 school year, if an LEA's TISA allocation for the current school year is less than the LEA's TISA allocation for the 2025-2026 school year and the LEA experienced disenrollment, then the department shall allocate additional funds to the LEA in the amount of the average per pupil state funds received by the LEA in the immediately preceding school year for each student who disenrolled from the LEA for the immediately preceding school year and received, for the immediately preceding school year, an education freedom scholarship pursuant to chapter 6, part 35 of this title.
(B) The sum total of any additional funds received by an LEA pursuant to this subdivision (i)(3) must not exceed the difference between the LEA's TISA allocation for the current year and the LEA's TISA allocation for the 2025-2026 school year.
(4)(A) Any additional funds provided to an LEA pursuant to this subsection (i) must be solely state funded.
(B) If an LEA is eligible for additional funds under subdivision (i)(1) and subsection (b) or subsection (c), then the department shall only award additional funds to the LEA pursuant to subdivision (i)(1) and shall not award any additional funds to the LEA pursuant to subsection (b) or subsection (c).
(C) If an LEA is eligible for additional funds under subdivision (i)(2) or (i)(3) and subsection (b) or subsection (c), then the department shall only award additional funds to such LEA pursuant to subdivision (i)(2) or (i)(3), subsection (b), or subsection (c), whichever results in the LEA receiving the greatest amount of additional funding.
(5) As used in this subsection (i), “disenrollment” means that the LEA's non-virtual average daily membership for the current school year is lower than the LEA's non-virtual average daily membership for the immediately preceding school year.
Cite this article: FindLaw.com - Tennessee Code Title 49. Education § 49-3-108 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-49-education/tn-code-sect-49-3-108/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Make It a Preferred Google Search Source
Add to GoogleGet help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)