Terms Used In Tennessee Code > Title 26 > Chapter 2 - Exemptions-Garnishment

• Academic focus: means a distinctive, thematic program such as math, science, arts, general academics, or an instructional program such as Montessori or Paideia. See Tennessee Code 49-13-104
• Academic plan: means a platform that supports the academic focus of the charter school and will include instructional goals and methods for the school, which, at a minimum, shall include teaching and classroom instruction methods, materials and curriculum that will be used to provide students with knowledge, proficiency and skills needed to reach the goals of the school. See Tennessee Code 49-13-104
• Advisory board: means the state advisory board for community-based vocational rehabilitation services. See Tennessee Code 49-11-702
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agriculture: means :
  (i) The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attorney general: means the attorney general and reporter and any assistant thereto by whatever name known, any district attorney general and any assistant thereto by whatever name called, and any officer or full-time employee of the general assembly or any committee thereof established by statute, who is duly licensed to practice law in Tennessee, whose duty it is to provide facilities for drafting bills or to assist individual legislators in drafting bills or who renders legal advice and services to the members of the general assembly or committees thereof. See Tennessee Code 8-34-101
• Authorizer: means :
  (A) A local board of education, the Tennessee public charter school commission, or the achievement school district as defined in §. See Tennessee Code 49-13-104
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Behavior intervention training program: means a training program in evidence-based positive behavioral supports, evidence-based crisis intervention, and evidence-based techniques for the safe use of isolation and restraint. See Tennessee Code 49-10-1303
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• center: means a rehabilitation center authorized under this part. See Tennessee Code 49-11-702
• Charter agreement: means a fixed-term renewable agreement between a public charter school and the authorizer that outlines the rights, responsibilities, and performance expectations of each party. See Tennessee Code 49-13-104
• Chemical restraint: means a medication that is prescribed to restrict a student's freedom of movement for the control of extreme violent physical behavior. See Tennessee Code 49-10-1303
• Child with a disability: means a child between three (3) and twenty-one (21) years of age, both inclusive, who has been evaluated and determined as having a state-identified disability in accordance with the rules and regulations of the state board of education or as having one (1) or more of the following disabilities, as defined in 34 C. See Tennessee Code 49-10-102
• Clerk: means a clerk of a court of general sessions, the courts of record or any other courts duly established under the laws of Tennessee. See Tennessee Code 26-2-201
• CMO: means a nonprofit entity that manages or operates two (2) or more public charter schools. See Tennessee Code 49-13-104
• Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
• Commission: means the Tennessee public charter school commission. See Tennessee Code 49-13-104
• Commissioner: means the commissioner of human services. See Tennessee Code 49-11-602
• Commissioner: means the commissioner of health or the commissioner's duly authorized representative. See Tennessee Code 68-9-103
• Commissioner: means the commissioner of human services. See Tennessee Code 49-11-702
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Community-based vocational rehabilitation services: means vocational rehabilitation services provided by the vocational rehabilitation program in partnership with the local community as authorized under this part. See Tennessee Code 49-11-702
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Conversion public charter school: means a charter school established by the conversion of an existing non-charter public school into a charter school. See Tennessee Code 49-13-104
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Court: means the court of general sessions, the courts of record or any other courts duly established under the law of Tennessee. See Tennessee Code 26-2-201
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the department of education. See Tennessee Code 49-10-1402
• Department: means the department of human services. See Tennessee Code 49-11-602
• Department: means the department of human services. See Tennessee Code 49-11-702
• Department: means the department of education. See Tennessee Code 49-10-102
• Dependent: A person dependent for support upon another.
• Devise: To gift property by will.
• Director: means director of the vocational rehabilitation program. See Tennessee Code 49-11-602
• Director: means director of the vocational rehabilitation program. See Tennessee Code 49-11-702
• Disposable earnings: means that part of the earnings of an individual remaining after the deduction from those earnings of any amounts required by law to be withheld. See Tennessee Code 26-2-102
• Division: means the division of rehabilitation services. See Tennessee Code 49-11-602
• Division: means the division of rehabilitation services. See Tennessee Code 49-11-702
• Docket: A log containing brief entries of court proceedings.
• Donor: The person who makes a gift.
• Earnings: means the compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension or retirement program. See Tennessee Code 26-2-102
• Eligible postsecondary institution: means a community college or university of the University of Tennessee system or the board of regents system or an accredited private postsecondary institution. See Tennessee Code 49-10-1402
• Eligible student: means a resident of this state who:
  (A) Is a child with any of the following disabilities as defined by the state board of education pursuant to §. See Tennessee Code 49-10-1402
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• FAPE: means a free appropriate public education in compliance with the IDEA. See Tennessee Code 49-10-102
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Foreign: means a country or jurisdiction outside of any state or territory of the United States. See Tennessee Code 49-13-104
• Fraud: Intentional deception resulting in injury to another.
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Garnishment: means any legal or equitable procedure through which the earnings of an individual are required to be withheld for payment of any debt. See Tennessee Code 26-2-102
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Governing body: means the organized group of persons who will operate a public charter school or schools by deciding matters, including, but not limited to, budgeting, curriculum and other operating procedures for the public charter school and by overseeing management and administration of a public charter school. See Tennessee Code 49-13-104
• Grant: means a qualified work-based learning grant issued pursuant to this part. See Tennessee Code 49-11-901
• Grant fund: means the qualified work-based learning grant fund established by §. See Tennessee Code 49-11-901
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• IDEA: means the Individuals with Disabilities Education Act ( Tennessee Code 49-10-102
• IEA: means an individualized education account. See Tennessee Code 49-10-1402
• IEP team: means a group of individuals described in 34 C. See Tennessee Code 49-10-102
• Individual with a disability: means an individual of employable age who has a disability that constitutes a substantial barrier to employment, but that is of such a nature that appropriate vocational rehabilitation services may reasonably be expected to:
  (A) Render the individual able to engage in a remunerative occupation. See Tennessee Code 49-11-602
• Isolation room: means any space, structure, or area pursuant to §. See Tennessee Code 49-10-1303
• Joint resolution: A legislative measure which requires the approval of both chambers.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• LEA: means a local education agency. See Tennessee Code 49-10-102
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Livestock: means all equine as well as animals that are being raised primarily for use as food or fiber for human utilization or consumption including, but not limited to, cattle, sheep, swine, goats, and poultry. See Tennessee Code 1-3-105
• local school district: means any county school system, city school system, special school district, unified school system, metropolitan school system or any other local public school system or school district created or authorized by the general assembly. See Tennessee Code 49-1-103
• Maintenance: means the provision of money to cover a handicapped individual's necessary living expenses and health maintenance essential to achieving the handicapped individual's vocational rehabilitation. See Tennessee Code 49-11-602
• Mechanical restraint: means the application of a mechanical device, material or equipment attached or adjacent to the student's body, including ambulatory restraints, which the student cannot easily remove and that restrict freedom of movement or normal access to the student's body. See Tennessee Code 49-10-1303
• Member: means any person included in the membership of the retirement system, as provided in chapter 35, part 1 of this title. See Tennessee Code 8-34-101
• Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
• Month: means a calendar month. See Tennessee Code 1-3-105
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Nonprofit: when used with respect to a rehabilitation facility or a workshop, means a rehabilitation facility and a workshop, respectively, owned and operated by a corporation or association, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual and the income of which is exempt from taxation under §. See Tennessee Code 49-11-602
• Noxious substance: means the use of any defense spray or substance as defined by departmental rule. See Tennessee Code 49-10-1303
• Oath: includes affirmation. See Tennessee Code 1-3-105
• Oath: A promise to tell the truth.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Oversight: Committee review of the activities of a Federal agency or program.
• Parent: means the parent, legal guardian, person who has custody of the child, or person with caregiving authority for the child. See Tennessee Code 49-10-1402
• Participating school: means a nonpublic school that meets the requirements established in this part and seeks to enroll eligible students. See Tennessee Code 49-10-1402
• Participating student: means an eligible student whose parent is participating in the individualized education account (IEA) program. See Tennessee Code 49-10-1402
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
• Personal property: includes money, goods, chattels, things in action, and evidences of debt. See Tennessee Code 1-3-105
• Personal property: All property that is not real property.
• Physical holding restraint: means the use of body contact by school personnel with a student to restrict freedom of movement or normal access to the student's body, except for:
  (A) The holding of a student by an adult in order to calm or comfort the student in the absence of an emergency. See Tennessee Code 49-10-1303
• Physical restoration: includes :
  (A) Corrective surgery or therapeutic treatment necessary to correct or substantially modify a physical or mental condition that is stable or slowly progressive and:

  (i) Constitutes a substantial barrier to employment. See Tennessee Code 49-11-602
• Physician: means any doctor of medicine or doctor of osteopathy duly licensed to practice the doctor's profession in Tennessee or the state in which the doctor resides and lawfully practices the doctor's profession. See Tennessee Code 68-9-103
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Positive behavioral supports: means a systematic approach using evidence-based practices to improve school environments, and to prevent and respond to problem behavior that:
  (A) Is proactive and instructional, rather than reactive and punitive. See Tennessee Code 49-10-1303
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Program: means the individualized education account (IEA) program created in this part. See Tennessee Code 49-10-1402
• Program operator: means a nonprofit entity that has entered into an agreement with THEC to administer the program established by this part. See Tennessee Code 49-11-901
• Property: includes both personal and real property. See Tennessee Code 1-3-105
• Public charter school: means a public school in this state that is established and operating under the terms of a charter agreement and in accordance with this chapter. See Tennessee Code 49-13-104
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Qualified work-based learning student: means a student who is sixteen (16) years of age or older, enrolled in:
  (A) A Tennessee public high school, and participating in a work-based learning course for academic credit or credit toward completion of a career and technical education program. See Tennessee Code 49-11-901
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: include lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
• Rehabilitation facility: means a facility operated for the primary purpose of assisting in the rehabilitation of physically handicapped individuals:
  (A) That provides one (1) or more of the following types of services:

  (i) Testing, fitting or training in the use of prosthetic devices. See Tennessee Code 49-11-602
• Related services: means :
  (A) Transportation and such developmental, corrective, and other supportive services required to assist a child with a disability to benefit from special education, including speech-language pathology and audiology services. See Tennessee Code 49-10-102
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Remunerative occupation: includes employment as an employee or self-employed, practice of a profession, homemaking or farm and family work for which payment is in kind rather than cash, sheltered employment and home industry or other homebound work of a remunerative nature. See Tennessee Code 49-11-602
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
• Restraint: means a chemical restraint, mechanical restraint, or physical holding restraint. See Tennessee Code 49-10-1303
• Retirement: means withdrawal from membership with a retirement allowance granted under chapters 34-37 of this title. See Tennessee Code 8-34-101
• Retirement system: means the Tennessee consolidated retirement system as defined in §. See Tennessee Code 8-34-101
• School personnel: means an individual employed on a full-time or part-time basis by a public school. See Tennessee Code 49-10-1303
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• sex: means a person's immutable biological sex as determined by anatomy and genetics existing at the time of birth and evidence of a person's biological sex. See Tennessee Code 1-3-105
• signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
• Special education: means specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability, including instruction conducted in the classroom, home, hospitals, institutions, and other settings, and instruction in physical education. See Tennessee Code 49-10-102
• Sponsor: means a proposed governing body filing an application for the establishment of a public charter school, that:
  (A) Is not a for-profit entity. See Tennessee Code 49-13-104
• State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• THEC: means the Tennessee higher education commission. See Tennessee Code 49-11-901
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• Tuberculosis: means a disease caused by the human tubercle bacillus, whether infectious or noninfectious. See Tennessee Code 68-9-103
• United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• Vocational rehabilitation: means making an individual able, or increasing the individual's ability, to:
  (A) Engage in a remunerative occupation. See Tennessee Code 49-11-602
• Vocational rehabilitation services: means :
  (A) Diagnostic and related services, including transportation, incidental to the determination of whether an individual is a handicapped individual, and if so, the individual's eligibility for, and the nature and scope of, other vocational rehabilitation services to be provided. See Tennessee Code 49-11-602
• Work-based learning: means the application of academic and technical knowledge in a work setting that involves actual work experience. See Tennessee Code 49-11-901
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
• Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105