2010 Tennessee Code
Title 49 - Education
Chapter 3 - Finances
Part 3 - Tennessee Education Finance Act of 1977
49-3-359 - BEP funding for teacher's supplies, duty-free lunch periods, school nurses and reading coordinators.

49-3-359. BEP funding for teacher's supplies, duty-free lunch periods, school nurses and reading coordinators.

(a)  There is included in the Tennessee BEP an amount of money sufficient to pay two hundred dollars ($200) for every teacher in kindergarten through grade twelve (K-12). This money shall be used by the teachers for instructional supplies. One hundred dollars ($100) shall be spent for such purpose as determined by each teacher. The second one hundred dollars ($100) shall be pooled with all such teachers in a school and spent as determined by a committee of the teachers for such purpose. The purpose of this pool is to permit purchase of items or equipment that may exceed an individual teacher's allocation, for the benefit of all teachers at the school and the enhancement of the instructional program, and shall not be used for basic building needs such as HVAC, carpets, furniture, items or equipment for the teachers' lounge, or the like.

(b)  Each LEA shall be entitled to receive funding of no less than two dollars ($2.00) per ADM in kindergarten through grade twelve (K-12) to be used for the purpose of providing a duty-free lunch period for each teacher.

(c)  (1)  There is included in the Tennessee BEP an amount of money sufficient to fund one (1) full-time public school nurse position for each three thousand (3,000) students or one (1) full-time position for each LEA, whichever is greater. An LEA may use the funds to directly employ a public school nurse or to contract with the Tennessee public school nurse program, created by § 68-1-1201(a), for provision of school health services; provided, that after the BEP is fully funded, an LEA must use the funds to directly employ or contract for a public school nurse as provided for in this subsection (c) or must advise the department of education that the LEA has affirmatively determined not to do so, in which case the LEA shall notify the department of the election against providing the service and the alternative arrangement that the LEA has made to meet the health needs of its students.

     (2)  Each public school nurse employed by or provided to an LEA, pursuant to subsection (a), shall meet or exceed the minimum qualifications and standards established pursuant to § 68-1-1204(a), and shall perform the duties and responsibilities enumerated within § 68-1-1202. Each public school nurse employed by an LEA shall maintain current certification through a certifying cardiopulmonary resuscitation course consistent with the scientific guidelines of the American Heart Association in collaboration with the International Liaison Committee on Resuscitation.

(d)  The amounts provided in this section may be reduced pro rata by the commissioner during any year in which the BEP appropriation is insufficient to fully fund the program.

[Acts 1992, ch. 535, § 3; 1996, ch. 894, § 1; 2004, ch. 886, § 1.]  

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