49-6-3102 - Assignment of students by local board. - Tennessee Statutes

49-6-3102. Assignment of students by local board.

(a)  (1)  The board of education of each local school system, with respect to the schools under its jurisdiction, is authorized and required to provide for the enrollment in a public school of each child who is eligible for enrollment within the schools of the local school system.

     (2)  The board of education of each local school system is not required to provide for the enrollment in a public school system under its jurisdiction of a child for whom a transition plan is required pursuant to § 37-1-131 or § 49-6-3114, unless the transition plan has been developed, but in no event shall a child be delayed from attending school for more than five (5) school days from the date of the notice.

(b)  Except as otherwise provided in this part, part 32 of this chapter, and in the McKinney-Vento Homeless Assistance Act, 42 U.S.C. § 1141 et seq., the authority of each and every local school board in the matter of enrollment of pupils within its local school system shall be full and complete and its decision as to the enrollment of any pupil in any such school shall be final.

(c)  No pupil shall be enrolled in, admitted to, or entitled or permitted to attend any public school in the local school system other than the public school to which the pupil may be assigned pursuant to the rules, regulations and decisions of the board of education.

(d)  (1)  Subject to review as provided in part 32 of this chapter, the board of education may exercise the powers and duties granted by this part and part 32 of this chapter directly, or may delegate its authority to other persons employed by the board under such rules and regulations as the board may adopt, subject to final decision and action by the board itself.

     (2)  Subject to review as provided in part 32 of this chapter, the board of education may exercise the powers and duties granted by this part and part 32 of this chapter directly, or may delegate its authority to a three-member committee consisting of at least one (1) current board member with all remaining members as employees of the board under such rules and regulations as the board may adopt, subject to final decision and action either by the board or its designee. This subdivision (d)(2) shall only apply in any county having a population of not less than eight hundred ninety-seven thousand four hundred (897,400) nor more than eight hundred ninety-seven thousand five hundred (897,500), according to the 2000 federal census or any subsequent federal census.

(e)  In the exercise of the authority conferred by this part and part 32 of this chapter, the boards of education may prescribe general rules governing admission to schools within their jurisdiction, subject to this part and part 32 of this chapter, and may adopt such other reasonable rules and regulations as in the opinion of the board shall best accomplish the purposes of this part and part 32 of this chapter.

[Acts 1957, ch. 13, §§ 1, 4; 1974, ch. 654, § 109; T.C.A., §§ 49-1741, 49-1744; Acts 2006, ch. 756, § 1; 2007, ch. 314, § 3; 2009, ch. 331, § 1.]