Attorney General Education Law Opinions

The Tennessee Attorney General is required to provide written legal opinions to "the governor, secretary of state, state treasurer, comptroller of the treasury, members of the general assembly and other state officials...in the discharge of their official duties." Tenn. Code Ann. § 8-6-109 (b)(6).  In fulfilling this statutory duty, the Attorney General has published a wealth of opinions relating to k-12 public education in Tennessee.

Education law opinions issued by the Tennessee Attorney General since 2000 are listed below, with hyperlinks to PDF copies of the opinions. PLEASE NOTE that some of the opinions may no longer apply, since state law and rules may have changed since the opinion was written.

You can view all Attorney General opinions on the website for the Office of the Attorney General.

2013 Opinions (Updated on 11/21/2013)

13-83, October 28, 2013, Duty of School Officials to Report Student's Sending of Photographs Depicting Nudity of Minor

13-82, October 24, 2013, Virtual Public Schools Act

2010 Opinions (Updated on 7/27/2010)

10-27, March 8, 2010, Fees and Regulations for Construction of Schools in Special School Districts

10-45, April 9, 2010, Execution of Charter School Agreements

10-46, April 12, 2010, School Board Member Conflicts of Interest

10-58, April 28, 2010, County Commission's Role in Funding Special School Districts

10-59, April 29, 2010, Conversion of the Shelby County School Board into a Special School District

10-60, April 29, 2010, Media Credential Policies Adopted by State Universities

10-73, May 21, 2010, Tennessee Education Lottery Corporation: Contract Amendments

10-81, June 8, 2010, Constitutionality of sex offender residency restriction pertaining to student residence facilities

10-87, July 20, 2010, Failure of County School Board Members to Attend Annual Training

10-96, Sep. 9, 2010, School Fees

2009 Opinions (Updated on 7/27/2010)

09-22, March 6, 2009, School Officials’ Membership on Child Abuse Review Teams

09-35, March 23, 2009, Director of Schools Serving in General Assembly

09-39, March 25, 2009, Statutory Caps and Conversion Charter Schools

09-46, April 2, 2009, County Board of Education donations to 501(c)(3) non-profit organization

09-48, April 2, 2009, Conflict of Interest: Chairman of County School Board

09-69, May 4, 2009, Constitutionality of HB 1120 (re sex offenders and school property)

09-70, May 4, 2009, Permissive Authority of Commissioner of Education to Withhold State Education Finance Funds

09-73, May 6, 2009, Constitutionality of House Bill 2099 (regarding low wearing of pants)

09-102, May 28, 2009, Constitutionality of SB1354/HB552 and SB1355/HB549 related to local funding of schools

09-108, June 8, 2009, Effect of SB 2192/HB 2194 on Local Educational Funding in the event of consolidation of the City of Memphis and Shelby County

09-122, June 17, 2009, Constitutionality of Section 2 of Amendment No. 1 to SB 2133 Limiting Applicability to School District Population

09-129, July 24, 2009, Firearms in Public Parks That Have Athletic Fields That are Also Used by Schools

09-142, July 31, 2009, Registered Sex Offender's Attendance at School Events open to the Public

09-144, July 31, 2009, Teacher Tenure Requirements Under Tenn. Code Ann. § 49-5-504 (Supp. 2008) 

09-159, Sep. 24, 2009, Charter Schools

09-160, Sep. 28, 2009, Carrying of Firearms in Parks Being Used by Schools

09-166, October 15, 2009, County School Systems State Mandated "Step Raise"

09-181, November 24, 2009, Procurement Process Required For Municipal Boards of Education

2008 Opinions

08-27, Feb. 15, 2008, Compulsory School Attendance and Truancy Statutes

08-32, Feb. 21, 2008, Charter Schools- Sunset Date

08-36, Feb. 26, 2008, Constitutionality of the eligibility criteria for the Tennessee Hope Scholarship under Tenn. Code Ann. § 49-4-926

08-55, Mar. 17, 2008, Memphis School Funding -- Reduction of Local School Funding by County Commission

08-72, March 31, 2008, Teacher Eligibility for Election to City Council

08-102, May 6, 2008, School Board Spouse of Assistant Director Voting on School Director's Contract

08-105, May 7, 2008, Constitutionality of Amendment 1 to Senate Bill 4104/House Bill 4089 [Regarding academic study of the Bible]

08-106, May 7, 2008, Constitutionality of HB2858/ SB2653 authorizing student drug testing

08-107, May 9, 2008, County Board of Education Member also serving as City Council Member and City Board of Education Member

08-116, June 5, 2008, Pay Plans for Principals and Teachers

08-127, July 24, 2008, School Superintendent Contracts

08-169, Oct. 27, 2008, Local Funding Charter Schools - Tenn. Code Ann § 49-13-112