49-6-3112 - Children residing on property located in two counties. - Tennessee Statutes

49-6-3112. Children residing on property located in two counties.

(a)  (1)  Whenever county boundary lines cross through a farm being operated as a single unit, leaving the farm in two (2) separate counties, the children of the families residing on the farms shall be eligible to attend either county's school system. Eligibility to attend school in the county other than the county in which the family resides or the farm is taxed shall be based on local board of education policy and availability of space in the county school system as determined by the director of schools in such system and shall be subject to payment of tuition pursuant to § 49-6-3003(b) to the same extent permitted for pupils not residing in that county.

     (2)  (A)  Whenever county boundary lines cross through a town or city, leaving the town or city in two (2) or more counties, the children of the families residing in the town or city shall be eligible to attend school in the county school system of any county that is located partially within the town or city. Eligibility to attend school shall be based on availability of space in the county school system as determined by the director of schools of such system.

          (B)  If any student attends a school in other than the student's county of residence and the local cost of the student's education exceeds the average in that county, then the transfer is subject to agreement between the directors of schools involved on the payment of the excess cost for the student.

          (C)  This subdivision (a)(2) applies only in counties with a population, according to the 1980 federal census or any subsequent federal census, of:

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(b)  Attendance under this section by children in an LEA other than that in which they reside shall not affect any law otherwise applicable regarding payment of tuition by nonresident students, nor shall attendance under this section require an LEA to provide transportation outside of the boundaries of that LEA.

(c)  Whenever county boundary lines cross through a parcel of property, the children of the families residing on the property shall be eligible to attend either county's school system. Eligibility to attend school in the county other than the county in which the family resides or the residence is taxed shall be based on local board of education policy and availability of space in the county school system as determined by the director of schools in such system and shall be subject to payment of tuition pursuant to § 49-6-3003(b) to the same extent permitted for pupils not residing in that county. An LEA shall not be required to provide transportation to the children outside of the boundaries of that LEA.

[Acts 1989, ch. 383, § 1; 1991, ch. 496, §§ 1, 2; 1991, ch. 512, § 1; 2008, ch. 1002, §§ 1, 2.]