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Tennessee Education Law Questions & Answers
1 Answer | Asked in Education Law for Tennessee on
Q: What is vehicle registration law
Anthony M. Avery
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answered on Mar 21, 2024

Read Title 55 of the Tennessee Code Annotated and find out.

2 Answers | Asked in Criminal Law, Education Law, Tax Law and Business Law for Tennessee on
Q: If a school official lied to defraud parents of an account balance or charge, is that criminal?

A school sponsored, parent funded, non-profit school support organization has been asked to pay an amount that is not correct and accounting is wrong. The school sponsor is the only person allowed to handle the budget and pay vendors. The sponsor informed parents the charge was less than what it... View More

James L. Arrasmith
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answered on Dec 25, 2023

If a school official intentionally provided false information about finances to defraud parents, this could potentially be considered criminal behavior. In your situation, if the school sponsor misled parents about the actual costs and required additional payments under false pretenses, it may... View More

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1 Answer | Asked in Education Law and Civil Rights for Tennessee on
Q: Can I sue Excelsior? I just want to get back in school.

I was kicked out of school because my writing had high levels of A.I. Yesterday, one of the instructors sent an email warning people that if they use online resumes for the class, it will get flagged as cheating. Even though he is the one who told us this was okay This also happened to me in... View More

James L. Arrasmith
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answered on Nov 24, 2023

If you've been dismissed from school based on accusations of using AI in your writing, and you believe this decision was unjust or inconsistent with the school's policies, you may have grounds to challenge the decision. Firstly, review the school's academic policies, especially those... View More

1 Answer | Asked in Education Law, Juvenile Law and Civil Rights for Tennessee on
Q: Tn. How is a random "weapons check" of random students- their pockets and backpacks- legal without warrant or suspicion?

KCS does random weapons checks of students and their personal property, not just lockers and MacBooks which I understand is not student property, at the public schools. The school system has procedure outlined to conduct these, but how is it not violating the students' 4th amendment rights?... View More

James L. Arrasmith
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answered on Nov 17, 2023

The legality of random weapons checks in schools, including searches of pockets and backpacks, is a complex issue that balances student safety with Fourth Amendment rights. The U.S. Supreme Court has ruled that public school students have reduced expectations of privacy while at school, which... View More

1 Answer | Asked in Business Law and Education Law for Tennessee on
Q: We are a jr high and high school Fishing team for 2 counties in TN. Do we qualify for Exempt School Org?

We want to start a 501C3 nonprofit for the funding.

James L. Arrasmith
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answered on Nov 9, 2023

To determine whether your fishing team for junior high and high school students qualifies for an Exempt School Organization status, you will need to review the requirements set forth by the IRS for educational organizations. This typically involves the organization being associated with an... View More

1 Answer | Asked in Contracts and Education Law for Tennessee on
Q: In the state of TN, what restrictions are there preventing a licensed educator from selling candy bars to students?

The fundraiser is not school sponsored. It is in support of a mission team to Uruguay.

T. Augustus Claus
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answered on Oct 11, 2023

In Tennessee, educators are expected to uphold ethical standards and avoid any appearance of impropriety. Selling items, even for a good cause, directly to students during school hours could raise ethical concerns and possibly be seen as taking advantage of the teacher-student relationship. If the... View More

1 Answer | Asked in Education Law for Tennessee on
Q: Hi Can teachers get reimbursed for the education fees they have paid out of pocket for licensure ?
T. Augustus Claus
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answered on Aug 10, 2023

Yes, in Tennessee, teachers may be eligible for reimbursement of education fees they have paid out of pocket for licensure. The Tennessee Department of Education offers a reimbursement program for teachers who have incurred expenses related to obtaining or renewing their teaching licenses. This... View More

1 Answer | Asked in Employment Law and Education Law for Tennessee on
Q: Perm Sub - can my school change my position and contract at will?

I started in July working as a Permanent Sub teaching High School English with the intent that the school that hired me would help with my pursuit of certification. I was also told that after getting my certification I would get a raise and be instated as an HS ELA teacher full stop. My contract... View More

Jonathan William Doolan
Jonathan William Doolan
answered on Oct 29, 2021

Your answer depends greatly on the wording of the employment contract between you and your employer. I would suggest that you schedule an appointment with a local attorney who practices employment law and they can provide a better opinion after reading your contract.

1 Answer | Asked in Employment Law and Education Law for Tennessee on
Q: Is a teacher contract non-renewal considered an involuntary termination?

I fulfilled the duties of my 2019-2020 teacher contract. However, I was informed that my contract would not be renewed for 2020-2021. I am filling out applications, and they are asking if I have ever been involuntarily terminated. Do I choose yes or no?

Paul E. Tennison
Paul E. Tennison
answered on May 18, 2020

I have not reviewed the specific form you are asking about. The form may include a definitions section that would help in answering this question. If you are requesting specific legal advice, you should consider consulting with an attorney.

In general I see termination as a word equivalent...
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1 Answer | Asked in Education Law for Tennessee on
Q: Who is the plaintiff and defendant? Who did what?
Anthony M. Avery
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answered on Mar 4, 2020

You have not asked a question. Read what has been served upon you, then either ask a question here or hire an attorney. If you are the Defendant you must act quickly or a Default will go down against you.

1 Answer | Asked in Education Law for Tennessee on
Q: Am I required to used another teacher’s identification who is no longer employed with the school to enter my grades?

If I refuse to basically falsify these grades under this person, my job is being threatened because h Th yes refuse to give me my own PowerSchool log in.

Bennett James Wills
Bennett James Wills
answered on Jan 29, 2020

Need a lot more facts and context to answer your question. If you have concerns, contact local counsel to discuss in more detail, or discuss with your employer.

1 Answer | Asked in Contracts, Civil Rights and Education Law for Tennessee on
Q: Do I have to pay a school if I still do not have a contract after I have been asking for one?

Can I take a loss on this school that I am the only student that does not have a contract. I have finished my required hours for this trade. I started last year in May every time I ask for a contract I am referred as to "wait" or the instructor and owner says"I got you".... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 25, 2019

Stop, look and listen--carefully: If you received the training you went to the school for then you MUST pay for it. Using the excuse of not having a contract will NOT work. Nor will the lame excuse do any good when the school sues you.

Stop calling them about the contract. You are now...
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1 Answer | Asked in Education Law for Tennessee on
Q: What type of lawyer would I need to help protect me from educational neglect charges with a truant teenager?

My son is 17 and has been involved with juvenile court for almost a year due to his truancy. It is not getting any better and I feel as if I have exhausted all of my options and I am worried I will be charged with educational neglect. I have done everything asked of me by the court, but I can not... View More

Anthony M. Avery
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answered on Apr 23, 2019

Any fairly competent attorney can represent you in Juvenile Court. It is not difficult. But you really do not need a lawyer until you are cited. You might hire someone for a small fee for consultation and more if there is a charge.

2 Answers | Asked in Criminal Law, Personal Injury and Education Law for Tennessee on
Q: My 9 yr old was slammed on his back twice by bs gym teacher

My 9 yr old was slammed on his back twice by bs gym teacher and it is currently being investigated by the department of children services. The principal and myself contacted Dcs... The principal contacted Dcs and reported it as abuse of a child by a school administrator... my son has ADHD and take... View More

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Feb 13, 2019

From my experience with DCS, they are fairly active in cases like this. Your other alternative is to file a lawsuit against everybody involved: the school principal, the gym teacher, the school and anyone else involved. When you are dealing with a school system, there may be initial... View More

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1 Answer | Asked in Civil Rights, Education Law and Gov & Administrative Law for Tennessee on
Q: I am a graduate student who is going to school in TN and I am from FL. In what state am I considered a resident of?

I am renting an apartment in TN and I plan to go to school in TN for 3 more years.

Gary Kollin
Gary Kollin
answered on Jan 23, 2019

You can file a document called a Declaration of Domicile. Check with the county clerk's office

1 Answer | Asked in Education Law for Tennessee on
Q: Are adult convicted felons allowed onto school property in the state of Tennessee?

Question pertains to middle and high school campuses

Anthony M. Avery
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answered on Jan 15, 2019

Usually they have a right to go there unless they are Registered Sex Offenders.

1 Answer | Asked in Education Law for Tennessee on
Q: I’m 17 and graduate May 17th and turn 18 12 days later is it legal for me to move out if I’m no longer in school?
Marjorie A Bristol
Marjorie A Bristol
answered on Mar 30, 2018

You cannot legally move out without your parents' consent until you turn 18. However, as a practical matter, it may be difficult for law enforcement to find you to take you home before your 18th birthday.

1 Answer | Asked in Education Law for Tennessee on
Q: My school is suspending people from standing in the hallways because there was a fight... can they do that?
Marjorie A Bristol
Marjorie A Bristol
answered on Mar 9, 2018

They probably can if the gathering of students was adding to the fight. The reason usually given in these situations is that it is a disruption to the school.

1 Answer | Asked in Education Law for Tennessee on
Q: My friends daughter is 14 an she just had a baby does she have the right not to go back to school?
Marjorie A Bristol
Marjorie A Bristol
answered on Mar 8, 2018

No, she is required to attend school until she is 18. With her parents' permission, she can be home schooled though.

1 Answer | Asked in Civil Rights and Education Law for Tennessee on
Q: A college professor put their hands within inches around my neck during class joking about choking me. Is this legal?

I was only asking the professor at the time if an outline was necessary since I knew I probably wouldn't finish if I had to write one. He then proceeded to inform me that I had to do it and that it was something I was supposed to have learned in comp. Mind you that I never said I could not... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Mar 1, 2018

It is legal if he did not harm you, but merely put his hands on you as long as those hands were not in an area that would be considered a sexual touching. That being said, it may not have been appropriate conduct for a professor. You should report the incident to the college authorities. Based... View More

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