(a) The state shall provide:

Terms Used In Tennessee Code 49-3-109

  • Commissioner: means the commissioner of education. See Tennessee Code 49-3-104
  • 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
  • Fiscal capacity: means the percentage of the local share that a county must contribute. See Tennessee Code 49-3-104
  • Fiscal capacity calculation: means the formula evaluated by the comptroller of the treasury and approved by the state board that determines fiscal capacity as the average of the fiscal capacity estimates generated by the formula established by the Boyd Center for Business and Economic Research at the University of Tennessee and the formula established by the Tennessee advisory commission on intergovernmental relations. See Tennessee Code 49-3-104
  • 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.
  • LEA: means a county, city, or special school district, unified school district, school district of a metropolitan form of government, or another school system established by law. See Tennessee Code 49-3-104
  • Local contribution: means the dollar amount of local funds that a local government must pay toward the local share. See Tennessee Code 49-3-104
  • 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
  • TISA: means the student-based funding formula established pursuant to this part that consists of student-generated funding allocations pursuant to §. See Tennessee Code 49-3-104
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
(1) Seventy percent (70%) of the total funding allocation that students generate pursuant to § 49-3-105(a)(1) and (a)(2); and
(2) One hundred percent (100%) of:

(A) The total funding allocation that students generate pursuant to § 49-3-105(a)(3);
(B) The total funding allocation that students generate pursuant to § 49-3-106; and
(C) The total funding allocated pursuant to § 49-3-107.
(b) The local share, which must be paid with local government funds, is the remaining thirty percent (30%) of the total funding allocation that students funded by a local government generate pursuant to § 49-3-105(a)(1) and (a)(2).
(c) Each county’s fiscal capacity must be determined pursuant to the fiscal capacity calculation no later than May 1 immediately preceding the school year for which students generate the total funding allocation. The annual fiscal capacity calculation, including the underlying data and the determination for each county, must be reported publicly. The fiscal capacity of a county for a school year shall not be revised after its fiscal capacity has been determined for that school year.
(d) A county’s local contribution is calculated by multiplying the county’s fiscal capacity by the local share. Each local government’s local contribution must be proportional to the funding allocation that students generate in the local government’s jurisdiction pursuant to § 49-3-105(a)(1) and (a)(2).
(e) The intent of the general assembly is to provide funding on a fair and equitable basis by recognizing the differences in the ability of local jurisdictions to raise local revenues.
(f) If a local government fails to approve a budget that includes the local government’s local contribution and maintenance of effort obligations by October 1, then the commissioner shall not distribute TISA funds to the LEA until the local government approves a budget that includes such obligations.
(g) This part and § 49-3-314(c) establish the minimum education funding that a local government must contribute. This part does not prohibit or limit a local government from contributing more than the local contribution required in subsection (b).
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