Tennessee Code Title 49. Education § 49-6-7104

Current as of January 02, 2024 | Updated by Findlaw Staff

(a) The state, a local government, or an LEA shall not regulate or control a learning pod. Notwithstanding another law to the contrary, a learning pod is exempt from state and local regulation pertaining to education or educational facilities in this state, including, but not limited to:

(1) All provisions of this title and state board of education or department of education rules, policies, and guidelines, including, but not limited to:

(A) Section 49-1-104 and any state board policy on special education caseload and class size standards, and any other law, rule, policy, or guideline concerning class size standards, caseloads, and the number of teachers required for certain numbers of students;

(B) Chapter 5, part 1 of this title, § 49-5-403, and rules of the state board on educator licensure, and any other law, rule, policy, or guideline concerning licensure, endorsement, and certifications of teachers or other staff;

(C) Section 49-5-413 and any other law, rule, policy, or guideline concerning criminal history records checks of teachers, staff, or contractors and their employees; and

(D) Rules of the state board on school facilities or any other law, rule, policy, or guideline concerning school facilities;

(2) Local and state building or fire codes adopted pursuant to title 68, and any rules of the department of commerce and insurance, division of fire prevention, on fire prevention applicable to educational facilities. A facility, home, or other structure used by a learning pod must meet the building and fire safety standards for the building's primary use and must be equipped with smoke alarms or smoke detection system. If the facility, home, or other structure contains a fuel-burning appliance or has an attached garage, then carbon monoxide alarms must be installed in the facility, home, or structure; and

(3) Any other state or local statute, rule, or code that would not be applicable to a group, building, or facility but for the operation or presence of a learning pod. The presence of a learning pod does not constitute a change in occupancy.

(b) Notwithstanding another law to the contrary, a state, local, or LEA employee shall not initiate or conduct any site inspection or other investigation or visit of a property, building, facility, or location being used by a learning pod that would not have been initiated or made but for the operation or presence of a learning pod.

(c) An LEA shall not take any action or otherwise discriminate against or distinguish a student or parent on the basis of their participation in a learning pod.

(d) Notwithstanding another law to the contrary, a state agency, local government, or LEA shall not require a learning pod to register or otherwise report its existence or any information related to the operation or activities of the learning pod to the state agency, local government, or LEA.

(e) A child who participates in a learning pod satisfies the compulsory school attendance requirements applicable to the child pursuant to § 49-6-3001, if the child is enrolled in a public school, as defined in § 49-6-3001 (c)(3); a church-related school, as defined in § 49-50-801; or a private school, as defined in § 49-6-3001 (c)(3). If a child is not enrolled in a public school, church-related school, or private school, then the child's parent must comply with the requirements of § 49-6-3050(b) for the child's participation in a learning pod to satisfy compulsory school attendance requirements.

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Cite this article: FindLaw.com - Tennessee Code Title 49. Education § 49-6-7104 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-49-education/tn-code-sect-49-6-7104/

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