Tenn. Comp. R. & Regs. 0520-07-02-.03

Current through June 26, 2024

Section 0520-07-02-.03 - CATEGORY II: AGENCY ACCREDITATION

(1) Category II schools are approved by an agency whose ability to accredit schools in Tennessee is approved by the State Board. The Department shall review and recommend to the State Board for approval a list of private school accrediting agencies. Agencies approved by the State Board to accredit Category II private schools shall be listed in State Board Policy 3.500. Agencies seeking approval by the State Board shall submit an application to the Department and meet all requirements set forth in this Rule to be recommended for approval.

(a) Independent home schools that may affiliate with an approved agency are not approvable under this category.

(2) Procedures for Application and Approval of a Category II Private School Accrediting Agency.

(a) An agency seeking approval as a Category II private school accrediting agency shall submit an application to the Department on a form developed by the Department and meet any deadlines for application established by the Department.

(b) The Department shall review the completed application of the agency with respect to the criteria for approval set forth in this Rule and recommend to the State Board that the application be approved or denied. The applicant agency may address the State Board at the time its application is being considered by the Board by providing notice to the Board of its request to speak in accordance with State Board Policy 1.400.

(3) Probationary Approval and Revocation of Approval.

(a) A State Board approved Category II accrediting agency is approved for a period of five (5) years, unless the agency's approval is revoked as set forth in this Rule during the five (5) year approval period. At the expiration of the five (5) year approval period, approved agencies shall re-apply for approval if the agency seeks to continue as an approved Category II accrediting agency. Applications will not be considered mid-cycle.

(b) The Department shall notify an agency of non-compliance with this Rule or the non-compliance of any of its accredited schools located in Tennessee with this Rule, State Board Rules Chapter 0520-07-01, and any applicable state or federal laws and establish a deadline by which the agency shall show evidence of compliance. If the agency does not come into compliance by the specified deadline, the Department may provide notice to the agency of intent to recommend to the State Board that the agency be placed on probationary approval status.

(c) If the Department recommends to the State Board that the agency be placed on probationary approval, the Department shall provide to the State Board:

1. Information regarding the non-compliance;

2. Reasons supporting the recommendation to place the agency on probationary approval; and

3. All notices provided to the agency regarding non-compliance and responses of the agency.

(d) Representatives of the agency may request to speak at the State Board meeting at which the recommendation for probationary approval is under consideration pursuant to State Board Policy 1.400.

(e) If the State Board votes to place the agency on probationary approval status, the agency shall submit a corrective action plan to the Department. If the agency successfully completes the terms of the corrective action plan, the Department shall bring a recommendation to the State Board that the agency be removed from probationary approval status and restored to full approval. Any agency that is restored to full approval after being placed on probationary approval status will still be required to re-apply for full approval at the expiration of its initial five (5) year approval period. If the agency does not successfully complete the terms of the corrective action plan, the Department shall bring a recommendation that the State Board revoke the agency's approval.

(f) If the Department recommends to the State Board that the agency's approval be revoked, the Department shall provide to the State Board:

1. Information regarding the non-compliance;

2. Reasons supporting the recommendation to revoke the agency's approval; and

3. All notices provided to the agency regarding non-compliance and responses of the agency.

(g) The agency may address the State Board at the meeting where the revocation recommendation is being considered by the Board by providing notice to the Board of its request to speak in accordance with State Board Policy 1.400.

(h) If the State Board votes to revoke approval of the agency, the agency's approval shall expire at the end of the school year during which the vote takes place, or on another date specified by the State Board.

(4) Criteria for Approval of a Category II Private School Accrediting Agency.

(a) Scope of Operation of Agency. The agency shall:

1. Have a clearly written statement of objectives;

2. Delineate the process by which it accredits schools; and

3. Have at least five (5) member schools, each with at least ten (10) full-time school-age students enrolled each school year. The ten (10) full-time school-age student requirement shall apply beginning in the 2026-2027 school year.

(b) Organization of Agency. The agency shall:

1. Specify qualifications for professional personnel for the agency; and

2. Employ at least one (1) full-time agency head or director.

(c) Agency Responsibilities. The agency shall:

1. Maintain written descriptions of the requirements for school accreditation and of the levels or types of membership granted;

2. Re-evaluate approved schools annually;

3. Give advance publication of proposed changes in accreditation standards to schools. These changes must be approved in advance by the Department;

4. Advise schools or directly provide them with technical assistance to address deficiencies in meeting the accreditation standards of the agency;

5. Notify the Department within ten (10) business days of adding or removing an accredited school from its list;

6. Require schools to report to the accrediting agency on deficiencies that could affect accredited status;

7. Have procedures for revocation of accreditation for any school that does not comply with the agency's standards for approved schools. Such procedures shall include how the agency monitors approved schools for compliance with agency standards, including working with schools to remedy areas of non-compliance that are identified by the Department; and

8. Publish and follow minimum standards for approved schools, including, at a minimum:

(i) Attendance.

(I) 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.

(II) 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.

(ii) Facilities, Health, and Safety.

(I) 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.

(II) Each school shall observe all fire safety regulations and procedures promulgated by the Tennessee Fire Marshal's Office.

(III) 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.

(IV) 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.

(V) Each principal or head of school shall comply with the requirement 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.

(VI) Each school shall conduct a 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.

(VII) 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.

(iii) Curriculum and Graduation.

(I) 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.

(II) Each school shall use textbooks and instructional materials that adequately cover all subjects in the school's instructional program.

(III) 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.

(IV) At least once every school year, each school shall give a nationally standardized achievement test covering the areas of English language arts and math to each pupil in third (3rd) through eleventh (11th) grades; the results must be communicated to teachers and parents and kept on file at the school for one (1) calendar year. 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.

(iv) Teacher Licensure and Evaluation.

(I) Each school shall ensure that all teachers and principals are appropriately licensed or credentialed, as defined by the accrediting agency.

(II) Teaching experience shall count toward qualifying years of experience in the Department's Educator Data Management System.

(III) Each school shall develop procedures for evaluation of all teachers and principals.

(IV) 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.

(v) Administrative Rules.

(I) Each school shall maintain an operating schedule that includes the minimum number of instructional days (180) and minimum number of hours per day (6½) required of public schools. In accordance with T.C.A. § 49-6-3004, a school that exceeds the required six and one-half (6½) 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 school's accrediting agency.

(II) Each school shall comply with 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.

(III) 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.

(IV) Each school shall ensure that class sizes do not exceed the class size maximums set forth in state law.

(V) 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.

(VI) Each school shall provide periodic reports of student needs and academic progress to parents or legal guardians during each school year.

(5) The Department shall send an annual notice to approved Category II accrediting agencies of current State Board rules and state laws applicable to Category II schools and shall require agencies to certify receipt.

Tenn. Comp. R. & Regs. 0520-07-02-.03

(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 August 31, 2001; effective December 28, 2001. Amendment filed October 29, 2008; effective February 28, 2009. 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, 49-6-3001, and 49-50-801.