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COVID-19 INFORMATION

Public Notices

General Notices

Prohibition of Common Core Instructional Materials Guidance

Public Comment - 1% Waiver 2021-22

Prohibited Concepts in Instruction

Section 51 of Chapter 493 of the Public Acts of 2021, now codified at Tenn. Code Ann. § 49-6-1019, prohibits certain concepts from being included or promoted as part of a course of instruction or in a curriculum or instructional program or included in supplemental instructional materials used by public schools in Tennessee. The department promulgated emergency rule 0520-12-04, that became effective on November 8, 2021, and remains in effect through May 7, 2022, providing how the department will implement the new law.  The emergency rule includes requirements for each local education agency (LEA) and public charter school and the process for filing a complaint alleging an LEA or public charter school has violated Tenn. Code Ann. § 49-6-1019. This rule only addresses complaints related to violations of the prohibited concepts in instruction law (Tenn. Code Ann. § 49-6-1019).  The prohibited concepts in instruction law does not address more general complaints that are only about the subject matter or age appropriateness of textbooks and instructional materials but do not allege that concepts are being or have been included or promoted in a course of instruction, curriculum, instructional program, or in supplemental instructional materials of an LEA or public charter school, in violation of Tenn. Code Ann. § 49-6-1019.

 

Please find below, further information regarding filing a complaint alleging a violation of Tenn. Code Ann. § 49-6-1019, filing a general complaint about instructional materials, and the proper forms.

 

How to file a complaint alleging a violation of Tenn. Code Ann. § 49-6-1019:

The emergency rule requires that complaints alleging concepts prohibited by Tenn. Code Ann. § 49-6-1019 are being or have been included or promoted in a course of instruction, curriculum, and instructional program, or in supplemental instructional materials of an LEA or public charter school, must be filed with the LEA or public charter school in which the allegation(s) arose on the complaint form provided by the Department.  The rule requires LEAs and public charter schools to post the complaint form provided by the department for filing a complaint alleging violations of Tenn. Code Ann. § 49-6-1019 on the LEA or public charter school’s website.  Here is the complaint form provided by the department.

 

How to file an appeal of a written determination issued by an LEA or public charter school:

Within sixty (60) calendar days of receiving a complaint, the LEA or public charter school must determine whether the allegation(s) in the complaint is substantiated.  The LEA or public charter school must issue a written determination stating whether the allegation(s) in the complaint is substantiated. The written determination must be communicated to the complainant and the individual alleged to have included or promoted the Prohibited Concept.  The rule authorizes the complainant or the individual alleged to have included or promoted the Prohibited Concept to file an appeal of the LEA or public charter school’s determination with the Department within fifteen (15) calendar days of the date that the LEA or public charter school issues a written determination.  Here is the form to be used to file an appeal to the department.

 

The action that a complainant may take if an LEA or public charter school fails to respond to a properly filed complaint in compliance with the rules:

After sixty (60) days have passed since an eligible complainant filed a complaint with an LEA or public charter school on the proper form, the eligible complainant may file a notice of knowing violation directly with the Department by using the form found here.

 

General complaints:

General complaints about the subject matter or age appropriateness of textbooks and instructional materials that do not allege that concepts are being or have been included or promoted in a course of instruction, curriculum, instructional program, or in supplemental instructional materials of an LEA or public charter school, in violation of Tenn. Code Ann. § 49-6-1019, must be filed with the LEA or public charter school pursuant to the LEA or public charter school’s locally adopted policy for addressing such complaints.

 

Rule 0520-12-04 may also be accessed via a link on the Tennessee State Board of Education’s website with all other education rules: https://publications.tnsosfiles.com/rules/0520/0520.htm

The department will be promulgating a permanent rule to take effect when the emergency rule expires on May 7, 2022. The promulgation process will include a public hearing.

 

Waiver Requests

There are no waivers for public comment at this time.

 

Public notice for Tennessee’s IDEA state application

TN Interactive Spreadsheet

FFY21 Part B Application

General LEA Waivers

COVID-19 LEA Waivers Approved by the State Board of Education on May 29, 2020

COVID-19 LEA Waivers Approved by the State Board of Education on June 22, 2020

COVID-19 Waivers Approved by the State Board of Education on July 24, 2020

COVID-19 Waivers Approved by the State Board of Education on August 17, 2020

COVID-19 Waivers Approved by the State Board of Education on September 21, 2020

COVID-19 Waivers Approved by the State Board of Education on November 6, 2020

LEA and Charter School Waiver Requests

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COVID-19 Remote Learning Waiver Requests

For COVID-19 Remote Learning Waivers, the department is posting all waiver applications and responses, including denials.

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