§ 49-6-2206 — Use of unapproved books and instructional materials - Use of Common Core textbooks or materials prohibited - Alignment of textbooks and instructional materials to academic standards

(a) An LEA shall not use or permit to be used in any school any textbooks and instructional materials upon any subject to the exclusion of the textbooks and instructional materials listed by the commission and approved by the state board of education; provided, that this prohibition does not apply to textbooks and instructional materials previously listed and purchased with public funds. Upon application of the local board of education, the state board of education may waive this restriction when, in the state board's judgment, the unique or unusual needs of the LEA require it. In making waiver determinations, the state board of education must receive assistance from the department of education. The state board shall outline in its rules specific timeframes when waiver applications may be submitted by a local board of education; provided, that the state board shall allow applications to be submitted outside of the established timeframes in emergency circumstances, as defined by the state board in its rules. A public charter school may request a waiver for the use of textbooks and instructional materials in accordance with § 49-13-111 . (b) (1) If the commissioner of education finds that an LEA knowingly violated this section, then the commissioner shall withhold state funds, in an amount determined by the commissioner, from the LEA until the LEA is in compliance. (2) (A) A teacher or principal in a public school of this state shall not use or permit to be used in the person's school, whether as a supplement to the LEA's or school's adopted textbooks and instructional materials or otherwise, textbooks or instructional materials created to align exclusively with the Common Core State Standards or that are marketed as Common Core textbooks or materials. (B) The commissioner of education shall withhold a portion of the state education finance funds that an LEA is otherwise eligible to receive if a teacher or principal employed by the LEA intentionally violates subdivision (b)(2)(A) by purposefully using, or permitting to be used, in the person's school, textbooks or instructional materials created to align exclusively with the Common Core State Standards or that are marketed as Common Core textbooks or materials. (c) Notwithstanding subsection (a), all English language arts textbooks and instructional materials must be aligned to Tennessee's academic standards no later than January 1, 2023. (d) Notwithstanding subsection (a): (1) All textbooks and instructional materials must be aligned to Tennessee's academic standards no later than: (A) July 1, 2023, for math; (B) July 1, 2024, for science; and (C) July 1, 2025, for social studies; and (2) The state board shall not grant a waiver for English language arts, math, science, or social studies textbooks or instructional materials that are not aligned to Tennessee's academic standards beginning on: (A) January 1, 2023, for English language arts; (B) July 1, 2023, for math; (C) July 1, 2024, for science; and (D) July 1, 2025, for social studies. (e) The state board is authorized to promulgate rules, including emergency rules, to effectuate this section. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Legislative History

Amended by 2022 Tenn. Acts, ch. 1085, s 1, eff. 5/27/2022. Amended by 2022 Tenn. Acts, ch. 990, s 1, eff. 5/4/2022. Amended by 2021 Tenn. Acts, ch. 471, s 3, eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 471, s 2, eff. 5/18/2021. Amended by 2021 Tenn. Acts, ch. 205, s 3, eff. 4/22/2021. Amended by 2020 Tenn. Acts, ch. 770, s 2, eff. 8/1/2020. Amended by 2014 Tenn. Acts, ch. 981,s 15, eff. 1/1/2015. Acts 1951, ch. 180, § 15 (Williams, § 2453.41); T.C.A. (orig. ed.), § 49-2020; Acts 1988, ch. 590, § 3.