Section 0520-07-02-.02 - CATEGORY I: DEPARTMENT OF EDUCATION APPROVAL(1) Category I schools are schools approved individually by the Department of Education ("Department"). Special purpose schools that address a student's education while receiving short-term medical or transient care may also be approved as Category I special purpose schools. Independent home schools are not approvable under this category.(2) A school seeking approval as a Category I school shall submit an application for approval to the Department on a form developed by the Department and meet any deadlines for application established by the Department.(3) The criteria for approval as a Category I school shall include the following: (a) Attendance. 1. Each school shall comply with the requirements of T.C.A. § 49-6-3007 regarding the reporting of the names, ages, and addresses of all pupils in attendance to the Director of Schools for the public school district in which the student resides.2. Each school shall ensure students entering Kindergarten have reached five (5) years of age on or before August 15 pursuant to T.C.A. § 49-6-201(b)(3), unless the principal or head of school finds through evaluation and testing, at the request of the parent or legal guardian, that a child who is five (5) on or before September 30 is sufficiently mature emotionally and academically to enter Kindergarten and the school has a policy permitting testing by the principal or head of school to obtain early admission to Kindergarten.3. Beginning in the 2026-2027 school year, each school shall have at least ten (10) full-time school-age students enrolled each school year.(b) Facilities, Health, and Safety. 1. Each school shall comply with all laws, rules and regulations, and codes of the city, county, and state regarding planning of new buildings, alterations and health and safety.2. Each school shall observe all fire safety regulations and procedures promulgated by the Tennessee Fire Marshal's Office.3. Each school shall conduct at least one (1) fire safety inspection annually based on the fire safety inspection checklist developed by the Tennessee Fire Marshal's Office and maintain copies of the inspection reports, including findings of non-compliance and actions taken to comply for review by the Tennessee Fire Marshal's Office and the Department.4. Each school shall construct, remodel, renovate, expand, or modify school buildings or other structures in accordance with any state and/or federal requirements applicable to the school regarding building accessibility, which may include, but is not limited to, the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973.5. Each principal or head of school shall comply with the requirements of Department of Health rules and T.C.A. § 49-6-5001 that each child enrolled in school be vaccinated against disease, subject to any applicable exemptions set forth in state law or Department of Health rules.6. Each school shall conduct criminal history records check prior to employment for any person applying for or holding a position as a teacher or any other position requiring proximity to school children. Criminal history records checks shall also be required for any person or employee of the person, corporation, or other entity who contracts with a school and who will have direct contact with school children or access to the grounds of the school when children are present. The criminal history records check shall be fingerprint based or social security number based and shall also include a check of the Tennessee and National Sex Offender Registries and the Tennessee Department of Health Abuse Registry. Schools shall also search the Tennessee educator licensure database (TNCompass) to determine if an applicant for a teaching position or any other position requiring proximity to school children has ever had a Tennessee educator license suspended or revoked for misconduct.7. Each school director shall comply with the reporting requirements set forth in T.C.A. § 49-5-417 and State Board Rule 0520-02-03-.09 with regard to any employee who possesses an active or expired Tennessee educator license.(c) Curriculum and Graduation. 1. The instructional program shall include, but not be limited to, the areas of English language arts, mathematics, social studies, and science. Additionally, schools are encouraged to offer art, music, health and physical education, and world language.2. Each school shall use textbooks and instructional materials that adequately cover all subjects in the school's instructional program.3. Each high school shall adopt a graduation requirements policy requiring students to earn at least the minimum number of total credits required for graduation set by the State Board in Rule 0520-01-03-.06. The school's policy shall also require students to achieve the required minimum number of credits set by the State Board in Rule 0520-01-03-.06 in the subjects of English language arts, mathematics, science, and social studies. This provision shall not be construed as requiring the same courses in the subjects of English language arts, mathematics, science, and social studies that are required for public schools. The school shall determine the additional subject areas and credits necessary for graduation from high school as set forth in the school's graduation requirements policy to meet or exceed the minimum total number of credits set by the State Board in Rule 0520-01-03-.06.4. At least once every school year, each school shall give a nationally standardized achievement test covering the areas of English language arts and mathematics to each student in third (3rd) through eleventh (11th) grades; the results must be communicated to teachers and parents and kept as part of the student's permanent record. Examples of nationally standardized achievement tests include ACT/SAT and benchmark assessments. Schools may identify alternate assessments for students with the most significant cognitive disabilities.(d) Teacher Licensure and Evaluation. 1. Each school shall ensure that all teachers possess an active Tennessee educator license as provided in State Board Rules Chapter 0520-02-03.2. Each school shall develop procedures for the annual evaluation of all teachers and principals.3. Teaching experience shall count toward qualifying years of experience in the Department's Educator Data Management System.4. Each school shall provide a sufficient number of appropriately qualified administrators, supervisors, and other personnel, which may include, but is not limited to, librarians and school counselors, for the student body served.(e) Administrative Rules.1. Each school shall maintain an operating schedule that includes the minimum number of instructional days (180) and minimum number of hours per day (6 ½) required of public schools. In accordance with T.C.A. § 49-6-3004, a school that exceeds the required six and one-half (6 ½) hours of instructional time per day for the full academic year shall be credited with the additional instructional time in amounts up to, but not exceeding, thirteen (13) instructional days each school year. Such excess instructional time shall be used in accordance with T.C.A. § 49-6-3004(e)(1). Schools that are unable to meet the required 180 instructional day requirement due to natural disaster or serious outbreak of illness affecting or endangering students or staff during the school year may request a waiver of the minimum instructional day requirement from the Commissioner.2. Each school shall comply with all applicable state and federal laws prohibiting discrimination on the basis of disability, including but not limited to the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973.3. Each school shall develop and implement a written policy on promotion and retention. The written policy shall be communicated to students and parents via the school handbook.4. Each school shall ensure that class sizes do not exceed the class size maximums for public schools set forth in state law.5. Each school shall maintain complete and accurate permanent records of the following for all students; attendance, disciplinary matters, work completed while enrolled at the school, and promotion or retention determinations.6. Each school shall provide periodic reports of student needs and academic progress to parents or legal guardians during each school year.7. Any school seeking approval of a pre-K program shall satisfy the standards for School Administered Child Care Programs outlined in State Board Rules Chapter 0520-12-01.(4) The criteria for approval as a Category I Special Purpose school shall include the criteria listed in Paragraph (3) of this Rule in addition to the following: (a) Compliance with the following laws and Rules, as applicable: 1. T.C.A. § 49-6-3023 and State Board of Education Rules Chapter 0520-01-12 regarding students incarcerated in juvenile detention centers;2. T.C.A. § 49-3-370 and State Board of Education Rules Chapter 0520-01-20 regarding students admitted to licensed residential mental health treatment facilities; and/or3. T.C.A. § 49-3-308 and State Board of Education Rules Chapter 0520-01-15 regarding students admitted to court-ordered day treatment facilities.(b) Category I Special Purpose schools shall be deemed appropriate placement sites for educator candidates seeking specialized clinical placements.(5) Monitoring and Revocation. (a) Category I and Category I Special Purpose schools shall report all required data annually to the Department as required by State Board Rule 0520-07-01-.04 and in any Department-provided procedures.(b) The Department shall notify a school of non-compliance with this Rule, State Board Rules Chapter 0520-07-01, and any applicable state or federal laws and establish a deadline by which the school shall show evidence of compliance. If the school does not come into compliance by the specified deadline, the Department may revoke approval of the school after providing notice of revocation to the school. Revocation of approval shall take effect at the end of the school year in which the non-compliance was reported to the school, or on another date identified by the Department.1. A school may appeal the revocation decision. Appeals must be submitted to the Department within fourteen (14) calendar days of the Department electronically sending the notice of revocation that is being appealed. The day that the Department sends the notice of revocation shall not count as part of the fourteen (14) calendar days. The Commissioner or Commissioner's Designee shall make a determination and issue an electronic notification to the appealing party within forty-five (45) calendar days of receiving the appeal.Tenn. Comp. R. & Regs. 0520-07-02-.02
(For history prior to June 1987, see pages ii-iii). New rule filed April 24, 1987; effective June 8, 1987. Repealed and new rule filed March 16, 1992; effective June 29, 1992. Amendment filed October 29, 2008; effective February 28, 2009. Repeal and new rule filed July 29, 2011; effective December 29, 2011. Amendment filed March 24, 2014; effective August 29, 2014. Amendments filed August 11, 2017; effective November 9, 2017. Amendments filed May 17, 2023; effective August 15, 2023. Amendments filed March 18, 2024; effective 6/16/2024.Authority: T.C.A. §§ 49-1-201, 49-1-302, 49-6-101, 49-6-3001, 49-6-3004, and 49-50-801.