Public education in Tennessee is governed by state and federal laws and implemented by local government entities . The vast majority of public education laws and regulations are determined at the state level . These are key pieces of state and federal provisions for education governance in Tennessee .
Federal
The federal government is not empowered to directly control state education policy . Federal control over education is limited and secondary to the power of the states . Here are key constitutional provisions that outline the federal government ’ s role in education at the state level .
State
States have primary responsibility for public education . While there are several actors in the Tennessee education system , authority for public education in Tennessee originates from two sources : the Tennessee Constitution and Title 49 of Tennessee Code Annotated .
Local
Local government has responsibility for the development of school levelpolicies , management of finances and operations , and implementation of state and federal regulations . These agents are given statutory authority from Title 49 .
10th Amendment to the U . S . Constitution The 10th Amendment states ,
The powers not delegated to the United States by the Constitution , nor prohibited by it to the States , are reserved to the States respectively , or to the people .
Public education is not mentioned as one of those federal powers , and so historically has been delegated to local and state governments .
14th Amendment to the U . S . Constitution While not directly a federal power , education is protected under the 14th Amendment , which guarantees certain rights to all citizens . The 14th Amendment was used in the historic 1954 Supreme Court case Brown v . Board of Education , which ruled that segregated schools were a violation of rights of children . The amendment states ,
… all persons born or naturalized in the United States , and subject to the
Tennessee State Constitution In Tennessee , the state ’ s Constitution establishes education as the responsibility of the General Assembly . Specifically , Article XI , subsection 12 of the Tennessee Constitution reads :
The State of Tennessee recognizes the inherent value of education and encourages its support . The General Assembly shall provide for the maintenance , support and eligibility standards of a system of free public schools . The General Assembly may establish and support such postsecondary educational institutions , including public institutions of higher learning , as it determines .
Title 49 of Tennessee Code Annotated Action taken by the Tennessee General Assembly on topics related to education usually results in the enactment of laws within Title 49 of the Tennessee Code Annotated . These statutes are then enacted by the State Board of Education , which creates rules , regulations , and procedures . The Tennessee
County Mayors / Trustees County mayors and trustees are primarily responsible for school finances including the allocation of local tax dollars , approval of budget requests , and the improvement of school buildings , grounds or facilities through bonds or purchases . ( T . C . A . 49-2-101 )
Local Boards of Education Local boards of education have many roles in the governance of local schools . These include :
• Hire and remove for cause teachers , principals , supervisors , directors of schools
• Manage and control all school grounds and buildings
• Approve the annual budget and purchase academic materials
• Determine and approve curriculum
• Develop and implement an employee evaluation plan in accordance with state guidelines ( T . C . A . 49-2-203 )
A GUIDE FOR POLICYMAKERS / 2016-17 | 6