Attorney General Opinions 
Relating to County Government

2015 Education

• Subject to the limitations and exceptions set forth in T.C.A. § 39-17-1309, it is a criminal offense to possess or carry weapons, including firearms, on portions of the property of a religious institution being used for school purposes.  The prohibition applies only to those portions of the property being used for school purposes. What portions are being used for school purposes is a fact-dependent question and can only be answered on a case-by-case basis. The prohibition against carrying a firearm on the property of a religious institution applies only while the property is being used or operated by the school.   The obligation for proper notification is placed on the school’s administrator under T.C.A. § 39-17-1309(d).   The mandatory signage requirements contained in T.C.A. § 39-17-1309(d) apply to properties that are “used” but not owned by a school.    school administrator should place signs compliant with the statute about the areas operated or used by the school while the areas are being operated or are in use by the school.   Tenn. Code Ann. § 39-17-1309 does not apply to private property on which home schooling activities are carried out.  Opinion No. 15-67 (September 18, 2015).

• A private entity that contracts to provide canine detection services to county high school systems is acting as an “investigations company” and a “private investigator” as defined in T.C.A. § 62-26-202 and must be licensed unless otherwise exempt from the Private Investigators Licensing and Regulatory Act.  Opinion No. 15-62 (July 28, 2015).

• If a local education agency (LEA or school district) receives a request from a charter school within its district for names and addresses of students within the school district who are not currently students at the charter school, the school district may provide the requested information provided that the LEA has determined that the charter school has a legitimate educational interest in the disclosure of the information.  The provision in T.C.A. § 10-7-504(a)(4)(A) authorizing the disclosure of student directory information is permissive, not mandatory; T.C.A. § 10-7-504 prohibits the release of a student’s telephone number without prior consent.  Opinion No. 15-55 (July 2, 2015).

• Vacancies on school boards are required to be filled by the county legislative body until the next election, under Article VII, Section 2, of the Tennessee Constitution.  Opinion No. 15-25 (March 19, 2015)

• All boards of education are authorized under T.C.A. 49-6-2101 to provide pupil transportation to the schools in which they are enrolled.  There are no restrictions on fees that can be charged by a city board of education for providing transportation services, but county boards of education are prohibited under T.C.A.   49-6-2103 from charging pupils for the privilege of being transported with public funds to a public school.  Opinion No. 15-10 (February 3, 2015).