Part 1 Generally — Privity 29-34-101 – 29-34-106
Part 2 Tort Liability 29-34-201 – 29-34-211
Part 3 Silica Claims Priorities Act 29-34-301 – 29-34-309
Part 4 Operators of Ice Skating Rinks 29-34-401 – 29-34-405
Part 5 Successor Corporation Asbestos-Related Liability Fairness Act 29-34-501 – 29-34-507
Part 6 Asbestos Bankruptcy Trust Claims Transparency Act 29-34-601 – 29-34-609
Part 7 Asbestos Claims Priorities Act 29-34-701 – 29-34-709

Terms Used In Tennessee Code > Title 29 > Chapter 34 - Torts

  • Abstinence: means not participating in any activity that puts an individual at risk for pregnancy or a sexually transmitted disease. See Tennessee Code 49-6-1301
  • abstinence-centered: means an approach that promotes sexual risk avoidance, or primary prevention, and teaches vital life skills that empower youth to identify healthy and unhealthy relationships, accurately understand sexually transmitted diseases and contraception, set goals, make healthy life decisions, and build character. See Tennessee Code 49-6-1301
  • Academic requirement: means a requirement of a specified grade point average, ACT or SAT score or cumulative grade point average that determines either initial or continuing eligibility for postsecondary financial assistance from net lottery proceeds. See Tennessee Code 49-4-902
  • Academic year: means :
    1. For students who first received the Tennessee HOPE scholarship, the Tennessee HOPE access grant or Tennessee HOPE scholarship for nontraditional students in the fall semester 2009 or thereafter, three (3) consecutive semesters beginning with a fall semester and including the immediately following spring and summer semesters. See Tennessee Code 49-4-902
    2. Accumulated contributions: means the sum of all the amounts deducted from the compensation of a member, together with any amount transferred to the account of the member established pursuant to chapters 34-37 of this title from the respective account of the member under one (1) or more of the superseded systems, with interest thereon, as provided in §. See Tennessee Code 8-34-101
    3. ACT: means the ACT assessment administered by ACT. See Tennessee Code 49-4-902
    4. Actuarial equivalent: means a benefit of equal value when computed at regular interest upon the basis of the mortality tables last adopted for such purpose by the board of trustees. See Tennessee Code 8-34-101
    5. ADA: means the aggregate days' attendance of a given school during a given reporting period divided by the number of days school is in session during this period as provided in the rules and regulations of the state board. See Tennessee Code 49-3-302
    6. ADM: means the sum of the total number of days enrolled divided by the number of days school is in session during this period as provided in the rules and regulations of the state board. See Tennessee Code 49-3-302
    7. Advanced degree: means a master's degree, a doctorate or other degree conferred by an eligible postsecondary institution upon completion of a unified program of study at the graduate level. See Tennessee Code 49-4-902
    8. Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
    9. 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.
    10. Age-appropriate: means designed to teach concepts, information and skills based on the social, cognitive, emotional and experience level of most students at a particular age level. See Tennessee Code 49-6-1301
    11. Agriculture: means :
      1. The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105
      2. Allegation: something that someone says happened.
      3. AMA guides to the evaluation of permanent impairment: means the most recent version of the American Medical Association's "Guidelines for Assessment of Permanent Medical Impairment" at the time of the performance of any examination or test required under this part. See Tennessee Code 29-34-303
      4. AMA Guides to the Evaluation of Permanent Impairment: means the American Medical Association's Guides to the Evaluation of Permanent Impairment in effect at the time of the performance of any examination or test on the exposed person required under this part. See Tennessee Code 29-34-702
      5. 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.
      6. 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.
      7. Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
      8. 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.
      9. Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
      10. 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
      11. Asbestos: means chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, asbestiform winchite, asbestiform richterite, asbestiform amphibole minerals, and any of these minerals that have been chemically treated or altered, including all minerals defined as asbestos in 29 CFR 1910 at the time the asbestos action is filed. See Tennessee Code 29-34-602
      12. Asbestos action: means a claim for damages or other civil or equitable relief presented in a civil action arising out of, based on or related to the health effects of exposure to asbestos, including loss of consortium, wrongful death, mental or emotional injury, risk or fear of disease or other injury, costs of medical monitoring or surveillance and any other derivative claim made by or on behalf of a person exposed to asbestos or a representative, spouse, parent, child, or other relative of that person. See Tennessee Code 29-34-602
      13. Asbestos trust: means a government-approved or court-approved trust, qualified settlement fund, compensation fund, or claims facility created as a result of an administrative or legal action, a court-approved bankruptcy, or pursuant to 11 U. See Tennessee Code 29-34-602
      14. Asbestosis: means bilateral diffuse interstitial fibrosis of the lungs caused by inhalation of asbestos fibers. See Tennessee Code 29-34-702
      15. Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
      16. Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
      17. Authority: means the Tennessee state school bond authority created by §. See Tennessee Code 49-3-1202
      18. Average final compensation: means the average annual earnable compensation of a member during the five (5) consecutive years of the member's creditable service affording the highest such average, or during all of the years in the member's creditable service if less than five (5) years. See Tennessee Code 8-34-101
      19. bank: means a local system accounting of voluntarily pooled and irrevocably donated accumulated personal sick leave that is collected for the purpose of providing sick leave to members of the program who have suffered an unplanned personal illness, injury, disability or quarantine and whose personal sick leave is exhausted. See Tennessee Code 49-5-802
      20. 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.
      21. Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
      22. 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
      23. Beneficiary: means any person, persons or institution receiving a retirement allowance or other benefit as provided in chapters 34-37 of this title. See Tennessee Code 8-34-101
      24. Board: means the board of education of any LEA. See Tennessee Code 49-3-302
      25. Board: means both the board of trustees of the University of Tennessee and the state board of education, or either of them. See Tennessee Code 49-3-1102
      26. Board: means the board of trustees of the University of Tennessee or the board of regents of the state university and community college system, or both, as the case may be. See Tennessee Code 49-3-1202
      27. Board: means the local board of education holding jurisdiction in its respective territory. See Tennessee Code 49-5-501
      28. board: means the board provided for in part 3 of this chapter. See Tennessee Code 8-34-101
      29. Board-certified: means the medical doctor is currently certified by one of the medical specialty boards approved by either the American Board of Medical Specialties or the American Osteopathic Board of Osteopathic Specialties. See Tennessee Code 29-34-303
      30. Board-certified oncologist: means a medical doctor who is certified in the subspecialty of medical oncology by the American Board of Internal Medicine or the American Osteopathic Board of Internal Medicine. See Tennessee Code 29-34-303
      31. Board-certified pathologist: means a medical doctor who holds primary certification in anatomic pathology or clinical pathology from the American Board of Pathology or the American Osteopathic Board of Internal Medicine. See Tennessee Code 29-34-303
      32. Board-certified pulmonary specialist: means a medical doctor who is certified in the subspecialty of pulmonary medicine by the American Board of Internal Medicine or the American Osteopathic Board of Internal Medicine. See Tennessee Code 29-34-303
      33. Bonds: means any bonds of the board issued pursuant to this part. See Tennessee Code 49-3-1102
      34. Chambers: A judge's office.
      35. Chest x ray: means chest films taken in accordance with all applicable state and federal regulatory standards and taken in the posterior-anterior view. See Tennessee Code 29-34-702
      36. Civil action: means all suits or claims of a civil nature in a court of record, whether cognizable as cases at law or in equity or admiralty. See Tennessee Code 29-34-303
      37. 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
      38. Collaborative conferencing: means the process by which the chair of a board of education and the board's professional employees, or such representatives as either party or parties may designate, meet at reasonable times to confer, consult and discuss and to exchange information, opinions and proposals on matters relating to the terms and conditions of professional employee service, using the principles and techniques of interest-based collaborative problem-solving. See Tennessee Code 49-5-602
      39. Commissioner: means the commissioner of education. See Tennessee Code 49-3-302
      40. Commissioner: means the commissioner of commerce and insurance. See Tennessee Code 49-4-101
      41. 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.
      42. Community partner: means a provider of one (1) or more community services or a community organization or for-profit or nonprofit entity with a desire to improve conditions in the community. See Tennessee Code 49-6-2403
      43. Community school: means a public and private partnership to coordinate educational, developmental, family, health, and before-school and after-school-care programs during school and nonschool hours for students, families, and local communities at a public school with the objectives of improving academic achievement, reducing absenteeism, building stronger relationships between schools, students, parents, and communities, and improving the skills, capacity, and well-being of the surrounding community residents. See Tennessee Code 49-6-2403
      44. Community services: include :
        1. Primary medical and dental care that is available to students and community residents. See Tennessee Code 49-6-2403
        2. Competent medical authority: means a medical doctor who meets the following requirements:
          1. The medical doctor is board-certified in occupational medicine, a board-certified oncologist, a board-certified pathologist, or a board-certified pulmonary specialist. See Tennessee Code 29-34-303
          2. Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
          3. Continuous enrollment: means a student is enrolled in the fall and spring semesters of a single academic year. See Tennessee Code 49-4-902
          4. Contract: A legal written agreement that becomes binding when signed.
          5. Conviction: A judgement of guilt against a criminal defendant.
          6. corporation: means the corporation created by §. See Tennessee Code 49-3-1202
          7. Corporation: means a corporation or association not for profit authorized to administer a plan in the state. See Tennessee Code 49-4-101
          8. 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.
          9. Cost differential: means that factor establishing a rate of reimbursement for a program relative to the reimbursement of one (1) FTEADA in grades four through six (4-6) as established in § 49-3-306(g)(1). See Tennessee Code 49-3-302
          10. Cost of attendance: means the combined cost of tuition, mandatory fees, room and board, books and other educational expenses as determined by the financial aid office of the eligible postsecondary institution. See Tennessee Code 49-4-902
          11. County mayor: means and includes "county executive" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
          12. Creditable service: means prior service plus membership service, as provided in part 6 of this chapter. See Tennessee Code 8-34-101
          13. Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
          14. Decedent: A deceased person.
          15. Deed: The legal instrument used to transfer title in real property from one person to another.
          16. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
          17. Department: means the department of education. See Tennessee Code 49-6-2602
          18. Dependent: A person dependent for support upon another.
          19. Devise: To gift property by will.
          20. diploma: means a credential, other than a degree, the receipt of which indicates satisfactory completion of training in a program of study offered by a Tennessee college of applied technology operated by the board of regents of the state university and community college system. See Tennessee Code 49-4-902
          21. Director of schools: refers to the local director of schools, or to any other officer performing the functions of a director of schools. See Tennessee Code 49-5-501
          22. Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
          23. Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
          24. DLCO: means diffusing capacity of the lung for carbon monoxide, which is the measurement of carbon monoxide transfer from inspired gas to pulmonary capillary blood. See Tennessee Code 29-34-702
          25. Donor: The person who makes a gift.
          26. Dual enrollment grant: means a grant for study at an eligible postsecondary institution that is funded from net proceeds of the state lottery and awarded to students who are attending high school and who are also enrolled in college courses at eligible postsecondary institutions for which they will receive college credit. See Tennessee Code 49-4-902
          27. electronic textbooks: which means computer software, interactive videodisc, magnetic media, CD-ROM, computer courseware, local and remote computer assisted instruction, online service, electronic medium or other means of conveying information to the student or otherwise contributing to the learning process through electronic means. See Tennessee Code 49-6-2202
          28. Eligible high school: means :
            1. A Tennessee public secondary school. See Tennessee Code 49-4-902
            2. Eligible independent postsecondary institution: means :
              1. An institution created by testamentary trust for which the state acts by statute as trustee and for which the governor is authorized to appoint commissioners with the advice and consent of the senate and that offers courses leading to undergraduate degrees. See Tennessee Code 49-4-902
              2. Eligible postsecondary institution: means an eligible independent postsecondary institution or an eligible public postsecondary institution. See Tennessee Code 49-4-902
              3. Eligible postsecondary institution: means :
                1. An institution operated by:
                  1. The board of trustees of the University of Tennessee. See Tennessee Code 49-6-2602
                  2. Eligible program of study: means , beginning with the fall semester of 2021, a federal Title IV-eligible curriculum of courses leading to a certificate, diploma, or an associate or baccalaureate degree at an eligible postsecondary institution. See Tennessee Code 49-4-902 v2
                  3. Eligible public postsecondary institution: means :
                    1. An institution operated by the board of regents of the state university and community college system. See Tennessee Code 49-4-902
                    2. Eligible student: means a resident of this state who:
                        1. Was previously enrolled in and attended a Tennessee public school for the one (1) full school year immediately preceding the school year for which the student receives an education savings account. See Tennessee Code 49-6-2602
                        2. Employee organization: means any organization with membership open to teachers in which the teachers participate and that exists for the purpose, in whole or in part, of representing teachers' interest to boards of education of local public school systems. See Tennessee Code 49-5-802
                        3. Employer: means :

                          The state or any department, commission, institution, board or agency of the state government by which a member is paid, with respect to members in its employ. See Tennessee Code 8-34-101

                        4. Entering freshman: means a student entering a postsecondary institution who has not attempted any semester hours at any postsecondary institution after graduating from high school, completing high school in a home school program or obtaining a GED(R) or HiSET(R). See Tennessee Code 49-4-902
                        5. 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.
                        6. 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
                        7. ESA: means an education savings account created by this part. See Tennessee Code 49-6-2602
                        8. Establishment clause: means the portion of the first amendment to the United States constitution that forbids laws respecting an establishment of religion. See Tennessee Code 49-6-2903
                        9. 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.
                        10. Ex officio: Literally, by virtue of one's office.
                        11. Exposed person: means a person whose exposure to silica or mixed dust is the basis for a silicosis claim or mixed dust disease claim under this part. See Tennessee Code 29-34-303
                        12. Exposed person: means a person whose exposure to asbestos or to asbestos-containing products is the basis for an asbestos action. See Tennessee Code 29-34-702
                        13. FAFSA: means the Free Application for Federal Student Aid. See Tennessee Code 49-4-902
                        14. Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
                        15. Family life education: means an abstinence-centered sex education program that builds a foundation of knowledge and skills relating to character development, human development, decision making, abstinence, contraception and disease prevention. See Tennessee Code 49-6-1301
                        16. Federal agency: means the United States, the president of the United States, the administrator of general services or such other agency or agencies as may be designated or created to make loans or grants or both pursuant to the recovery act or any further acts. See Tennessee Code 49-3-1102
                        17. Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
                        18. Felony: A crime carrying a penalty of more than a year in prison.
                        19. Fiscal year: means the period beginning January 1 and ending December 31 of each year. See Tennessee Code 49-4-101
                        20. 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.
                        21. Forbearance: A means of handling a delinquent loan. A
                        22. Fraud: Intentional deception resulting in injury to another.
                        23. FTEADA: means the average of the aggregated FTEs in attendance in one (1) program during the given reporting periods. See Tennessee Code 49-3-302
                        24. Full-time equivalent semester: means any semester in which a student is enrolled full-time and receives a Tennessee HOPE scholarship. See Tennessee Code 49-4-902
                        25. Full-time student: means a student attending a postsecondary educational institution and enrolled for at least twelve (12) semester hours during each semester of attendance. See Tennessee Code 49-4-902
                        26. FVC: means the maximal volume of air expired with maximum effort from a position of full inspiration. See Tennessee Code 29-34-702
                        27. 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
                        28. Gateway sexual activity: means sexual contact, as defined in subdivision (12), that could precipitate engagement in a nonabstinent behavior. See Tennessee Code 49-6-1301
                        29. General assembly merit scholarship: consists of two (2) parts, a Tennessee HOPE scholarship and a general assembly merit scholar supplemental award. See Tennessee Code 49-4-902
                        30. Germane: On the subject of the pending bill or other business; a strict standard of relevance.
                        31. Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
                        32. Gift aid: means scholarships and grants from any source that do not require repayment, including funds provided through the federal Foster Care Independence Act of 1999, compiled generally in title 42 U. See Tennessee Code 49-4-902
                        33. Grade point average: means the numbered grade average calculated using a 4. See Tennessee Code 49-4-902
                        34. 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.
                        35. High school: means a school in which any combination of grades nine through twelve (9-12) are taught. See Tennessee Code 49-6-2602
                        36. High school grade point average: means grade point average on a 4. See Tennessee Code 49-4-902
                        37. Highway: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
                        38. Home school student: means a student who completed high school in a Tennessee home school program meeting the requirements of § 49-6-3050(a)(2) or (a)(3) or § 49-6-3050(b). See Tennessee Code 49-4-902
                        39. ILO scale: means the system for the classification of chest x-rays set forth in the International Labour Office's "Guidelines for the Use of ILO International Classification of Radiographs of Pneumoconioses" 2000 edition, or if amended, the version in effect at the time of the performance of any examination or test on the exposed person required under this part. See Tennessee Code 29-34-303
                        40. Incompetence: means being incapable, lacking adequate power, capacity or ability to carry out the duties and responsibilities of the position. See Tennessee Code 49-5-501
                        41. Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
                        42. Inefficiency: means being below the standards of efficiency maintained by others currently employed by the board for similar work, or habitually tardy, inaccurate or wanting in effective performance of duties. See Tennessee Code 49-5-501
                        43. Institution: means any one of the East Tennessee State University, Middle Tennessee State University, the University of Memphis, the Tennessee Technological University, the University of Tennessee and the University of Tennessee, Martin branch. See Tennessee Code 49-3-1102
                        44. Institution: means :
                          1. The University of Tennessee system, including all of its branches and divisions wherever located, and the services, programs and activities provided therein, and the board of trustees of the University of Tennessee, in the aggregate. See Tennessee Code 49-3-1202
                          2. Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
                          3. Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
                          4. Joint resolution: A legislative measure which requires the approval of both chambers.
                          5. 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.
                          6. Jurisprudence: The study of law and the structure of the legal system.
                          7. Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
                          8. LEA: means any county, city, or special school district, unified school district, school district of any metropolitan form of government or any other school system established by law. See Tennessee Code 49-3-302
                          9. Legacy: A gift of property made by will.
                          10. Legacy student: means a participating student who:

                            (i)  Graduates from high school. See Tennessee Code 49-6-2602

                          11. Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
                          12. Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
                          13. Licensed personnel: means any person employed by an LEA and for whom licensure is required as a condition of employment by law. See Tennessee Code 49-3-302
                          14. Lien: A claim against real or personal property in satisfaction of a debt.
                          15. limited public forum: means public property that the LEA provides for students as a place for expressive activity which may impose reasonable, content-neutral time, place and manner restrictions on certain groups or topics of speech. See Tennessee Code 49-6-1801
                          16. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
                          17. Loan agreement: means an agreement providing for the authority to loan the proceeds derived from the issuance of bonds, notes or other debt obligations pursuant to this chapter to a local government to be used to pay the cost of one (1) or more qualified zone academy projects. See Tennessee Code 49-3-1202
                          18. local board of education: means the board of education that manages and controls the respective local public school system. See Tennessee Code 49-1-103
                          19. Local government: means any county, metropolitan government, incorporated city or town or special school district in this state and the state board of education acting on behalf of any special school listed in §. See Tennessee Code 49-3-1202
                          20. Lung cancer: means a malignant tumor in which the primary site of origin of the cancer is inside the lungs. See Tennessee Code 29-34-303
                          21. Management personnel: means those professional employees certified by the local board of education to represent the board in the collaborative conferencing process. See Tennessee Code 49-5-602
                          22. Management team: means employees who devote a majority of their time to the system-wide area or areas of professional personnel management, fiscal affairs or general management and shall specifically include principals, assistant principals, supervisors and others whose principal responsibilities are administration rather than teaching. See Tennessee Code 49-5-602
                          23. Member: means any person who is accepted as a member by the plan and who may later become eligible for a scholarship as provided in the charter and bylaws of the plan. See Tennessee Code 49-4-101
                          24. 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
                          25. Memorandum of understanding: means the written document that memorializes and records the understanding reached by the board of education and its professional employees, or their respective representatives, if so designated, as to the terms and conditions of professional services set forth in this part. See Tennessee Code 49-5-602
                          26. Middle college: means a program operated by an eligible public two-year postsecondary institution in partnership with an LEA that permits students in the fall semester of their junior year in high school to enter the eligible public two-year postsecondary institution and to earn both a high school diploma and an associate degree in two (2) years. See Tennessee Code 49-4-902
                          27. Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
                          28. Minor: has the meaning set forth in §1-3-105, except when a contrary intention is manifest. See Tennessee Code 8-34-101
                          29. Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
                          30. Mixed dust: means a mixture of dusts composed of silica and one (1) or more other fibrogenic dusts capable of inducing pulmonary fibrosis if inhaled in sufficient quantity. See Tennessee Code 29-34-303
                          31. Mixed dust disease claim: includes a claim made by or on behalf of any person who has been exposed to mixed dust, or any representative, spouse, parent, child, or other relative of that person, for injury, including mental or emotional injury, death, or loss to the person, risk of disease or other injury, costs of medical monitoring or surveillance, or any other effects on the person's health that are caused by the person's exposure to mixed dust. See Tennessee Code 29-34-303
                          32. Month: means a calendar month. See Tennessee Code 1-3-105
                          33. Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
                          34. Neglect of duty: means gross or repeated failure to perform duties and responsibilities that reasonably can be expected of one in such capacity or continued unexcused or unnecessary absence from duty. See Tennessee Code 49-5-501
                          35. Nonmalignant condition: means a condition, other than a diagnosed cancer, that is caused or may be caused by either silica or mixed dust, whichever is applicable. See Tennessee Code 29-34-303
                          36. Nonmalignant condition: means any condition that can be caused by asbestos other than a diagnosed cancer. See Tennessee Code 29-34-702
                          37. Nontraditional student: means a student who:
                              1. Is at least twenty-five (25) years of age. See Tennessee Code 49-4-902
                              2. Oath: includes affirmation. See Tennessee Code 1-3-105
                              3. Oath: A promise to tell the truth.
                              4. 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.
                              5. Oversight: Committee review of the activities of a Federal agency or program.
                              6. Parent: means the parent or guardian of a student. See Tennessee Code 49-4-902
                              7. Parent: means the parent, guardian, person who has custody of the child, or individual who has caregiving authority under §49-6-3001. See Tennessee Code 49-6-2602
                              8. Part-time student: means a student attending a postsecondary educational institution and enrolled for at least six (6) semester hours, but less than twelve (12) semester hours, during a semester of attendance. See Tennessee Code 49-4-902
                              9. participant: means any teacher who has joined the bank by making the initial donation of the minimum number of days necessary and has donated the subsequently assessed days. See Tennessee Code 49-5-802
                              10. Participating school: means a private school, as defined by §49-6-3001(c)(3)(A)(iii), that meets the requirements established by the department of education and the state board of education for a Category I, II, or III private school, and that seeks to enroll eligible students. See Tennessee Code 49-6-2602
                              11. Participating student: means :

                                An eligible student who is seventeen (17) years of age or younger and whose parent is participating in the education savings account program. See Tennessee Code 49-6-2602

                              12. 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.
                              13. Pathological evidence of silicosis: means a statement by a board-certified pathologist that more than one (1) representative section of lung tissue uninvolved with any other disease process demonstrates a pattern of round silica nodules and birefringent crystals or other demonstration of crystal structures consistent with silica, consisting of well-organized concentric whorls of collagen surrounded by inflammatory cells, in the lung parenchyma and that there is no other more likely explanation for the presence of the fibrosis. See Tennessee Code 29-34-303
                              14. Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
                              15. Person: means one (1) or more individuals, organizations, associations, or their representatives. See Tennessee Code 49-5-602
                              16. Personal property: All property that is not real property.
                              17. Personal property: includes money, goods, chattels, things in action, and evidences of debt. See Tennessee Code 1-3-105
                              18. Physical impairment: means a condition of an exposed person as defined in §29-34-304(a)(3), (b)(3), (b)(4), (c)(3) or (c)(4). See Tennessee Code 29-34-303
                              19. Plaintiff: means a person asserting an asbestos action, a decedent if the action is brought through or on behalf of an estate, or a parent or guardian if the action is brought through or on behalf of a minor or an incompetent person. See Tennessee Code 29-34-602
                              20. Plaintiff: The person who files the complaint in a civil lawsuit.
                              21. Plan: means any educational cooperative plan or scholarship plan subject to this part. See Tennessee Code 49-4-101
                              22. Predicted lower limit of normal: means the test value that is the calculated standard convention lying at the fifth percentile, below the upper ninety-five percent (95%) of the reference population, based on age, height, and gender, according to the recommendations by the American Thoracic Society and as referenced in the applicable AMA Guides to the Evaluation of Permanent Impairment, primarily National Health and Nutrition Examination Survey (NHANES) predicted values, or as amended. See Tennessee Code 29-34-702
                              23. Premises owner: means a person who owns, in whole or in part, leases, rents, maintains, or controls privately owned lands, ways, or waters, or any buildings and structures on those lands, ways, or waters, and all privately owned and state-owned lands, ways, or waters leased to a private person, firm, or organization, including any buildings and structures on those lands, ways, or waters. See Tennessee Code 29-34-303
                              24. Prior service: means service rendered prior to the date of membership in the retirement system for which credit was given under the terms of one (1) or more of the superseded systems as provided in part 6 of this chapter. See Tennessee Code 8-34-101
                              25. Probable cause: A reasonable ground for belief that the offender violated a specific law.
                              26. Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
                              27. Professional employee: means any person employed by any local board of education in a position that requires a license issued by the department of education for service in public elementary and secondary schools of this state, supported, in whole or in part, by local, state or federal funds, but shall not include any member of the management team, as defined in this part, or a retired teacher who is employed as a teacher in accordance with title 8, chapter 36, part 8. See Tennessee Code 49-5-602
                              28. Program: means the education savings account program created in this part. See Tennessee Code 49-6-2602
                              29. Project: means and includes buildings, structures, improvements and equipment of every kind, nature and description that may be required by or convenient for the purpose of an institution, including, without limiting the generality of the foregoing, administration, dining, exhibition, lecture, recreational and teaching halls, or parts of or additions to them. See Tennessee Code 49-3-1102
                              30. Project: means and includes buildings, structures, improvements and equipment of every kind, nature and description, that may be required by or convenient for the purpose of an institution, or a combination of two (2) or more such buildings, structures, improvements and equipment. See Tennessee Code 49-3-1202
                              31. Property: includes both personal and real property. See Tennessee Code 1-3-105
                              32. Provider: means an individual or business that provides educational services in accordance with this part and that meets the requirements established by the department of education and the state board of education. See Tennessee Code 49-6-2602
                              33. Puberty: means a developmental stage during which the pituitary gland triggers the production of testosterone in boys and the production of estrogen and progesterone in girls. See Tennessee Code 49-6-1301
                              34. Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
                              35. Public school: means any school that:
                                1. Is operated by the state, a political subdivision of the state or governmental agency within the state. See Tennessee Code 49-6-2903
                                2. Qualified physician: means a board-certified internist, pathologist, pulmonary specialist, or specialist in occupational and environmental medicine, as may be appropriate to the actual diagnostic specialty in question, who:
                                  1. Has conducted a physical examination of the exposed person and has taken or has directed to be taken under the physician's supervision, direction and control, a detailed occupational, exposure, medical, smoking, and social history from the exposed person, or the physician has reviewed the pathology material and has taken or has directed to be taken under the physician's supervision, direction and control, a detailed history from the person most knowledgeable about the information forming the basis of the asbestos action. See Tennessee Code 29-34-702
                                  2. Quorum: The number of legislators that must be present to do business.
                                  3. Radiological evidence of diffuse bilateral pleural thickening: means a quality 1 or 2 chest x ray under the ILO system, showing diffuse bilateral pleural thickening of at least b2 on the ILO scale and blunting of at least one (1) costophrenic angle as classified by a certified B-reader. See Tennessee Code 29-34-702
                                  4. Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
                                  5. 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
                                  6. 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
                                  7. Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
                                  8. Recovery act: means all acts or resolutions of the congress of the United States to encourage public works, to provide relief, work relief, or to increase employment by providing for useful projects and providing for the making of loans or grants or both. See Tennessee Code 49-3-1102
                                  9. Regional accrediting association: means :

                                    The Middle States Commission on Higher Education. See Tennessee Code 49-4-902

                                  10. 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.
                                  11. 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).
                                  12. Representative: includes any person, or group of persons, organization or association that is designated and authorized by professional employees or local board of education to act for the professional employees or the local board, respectively, under this part. See Tennessee Code 49-5-602
                                  13. 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
                                  14. Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
                                  15. Retirement: means withdrawal from membership with a retirement allowance granted under chapters 34-37 of this title. See Tennessee Code 8-34-101
                                  16. Retirement allowance: means the sum of the member annuity and the state annuity. See Tennessee Code 8-34-101
                                  17. Retirement system: means the Tennessee consolidated retirement system as defined in §§8-34-201,8-34-202. See Tennessee Code 8-34-101
                                  18. Risk avoidance: means an approach that encourages the prevention of participation in risk behaviors as opposed to merely reducing the consequences of those risk behaviors. See Tennessee Code 49-6-1301
                                  19. Road: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
                                  20. Rules and regulations: means those rules and regulations that the state board may adopt as provided in § 49-3-305. See Tennessee Code 49-3-302
                                  21. SAT: means the Scholastic Aptitude Test administered by the College Board. See Tennessee Code 49-4-902
                                  22. Scholarship: means educational benefits payable pursuant to a plan which shall not be deemed to be distribution of income to a member of a corporation. See Tennessee Code 49-4-101
                                  23. Scholarship: means a Tennessee HOPE scholarship or a Tennessee HOPE access grant. See Tennessee Code 49-4-902
                                  24. School credit bond project: means and includes the acquisition of land for, and the construction, renovation, repair, rehabilitation, improving or equipping of, school facilities for a local government or a public charter school, as defined in §. See Tennessee Code 49-3-1202
                                  25. SEA: means the department of education. See Tennessee Code 49-3-302
                                  26. Semester: means fall, spring, or summer semester at a postsecondary institution, if the institution is on a semester system, or the equivalent, if the institution is on a system other than a semester system. See Tennessee Code 49-4-902
                                  27. Semester hour: includes each semester hour attempted, whether remedial or for credit toward a degree, but shall not include any semester hour attempted before graduating from high school or earning a GED(R) or HiSET(R). See Tennessee Code 49-4-902
                                  28. Service: means service as a general employee, a teacher, a state police officer, a wildlife officer, a firefighter, a police officer, a state judge, a county judge, an attorney general, a commissioner or a county official which is paid for by an employer, and also includes service for which a former member of the general assembly is entitled to under former §§ 3-401 and 3-406. See Tennessee Code 8-34-101
                                  29. Service retirement date: means the date on which a member first becomes eligible for a service retirement allowance, or would first become eligible for a service retirement allowance if the member were to remain in service until such date, as provided in §§8-36-201 --8-36-204 or §§8-36-301 --8-36-304. See Tennessee Code 8-34-101
                                  30. 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.
                                  31. Sexual activity: means sexual penetration or sexual contact, or both. See Tennessee Code 49-6-1301
                                  32. Sexual contact: means sexual contact as defined under § 39-13-501. See Tennessee Code 49-6-1301
                                  33. Sick leave: means a designated amount of compensation leave accumulated pursuant to §. See Tennessee Code 49-5-802
                                  34. 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
                                  35. Silica: means a respirable crystalline form of the naturally occurring mineral form of silicon dioxide, including, but not limited to, quartz, cristobalite, and tridymite. See Tennessee Code 29-34-303
                                  36. Silica claim: includes a claim made by or on behalf of any person who has been exposed to silica, or any representative, spouse, parent, child, or other relative of that person, for injury, including mental or emotional injury, death, or loss to the person, risk of disease or other injury, costs of medical monitoring or surveillance, or any other effects on the person's health that are caused by the person's exposure to silica. See Tennessee Code 29-34-303
                                  37. Silicosis: means a lung disease caused by the pulmonary response to inhaled silica. See Tennessee Code 29-34-303
                                  38. Spirometry: means a test of air capacity of the lung through a spirometer to measure the volume of air inspired and expired. See Tennessee Code 29-34-702
                                  39. State: means the state of Tennessee. See Tennessee Code 8-34-101
                                  40. 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
                                  41. State annuity: means annual payments for life derived from contributions by an employer. See Tennessee Code 8-34-101
                                  42. State board: means the state board of education. See Tennessee Code 49-3-302
                                  43. State board: means the state board of education. See Tennessee Code 49-6-2602
                                  44. State salary schedule: means the salary schedule adopted by the state board for licensed personnel, which is based on training and experience. See Tennessee Code 49-3-302
                                  45. Statute: A law passed by a legislature.
                                  46. STEM: means science, technology, engineering, and mathematics. See Tennessee Code 49-6-1101
                                  47. STEM innovation hub: means a regional partnership of LEAs, institutions of higher education, STEM businesses, and community organizations that have formally committed to amplifying and accelerating the impact of STEM programs in the region. See Tennessee Code 49-6-1101
                                  48. Strike: means the failure with others to report for duty, the willful absence from one's position, the stoppage of work or the abstinence in whole or in part from the full, faithful and proper performance of the duties of employment, and without the lawful approval of one's superior. See Tennessee Code 49-5-602
                                  49. Student: means an individual attending a public school. See Tennessee Code 49-6-2903
                                  50. Subpoena: A command to a witness to appear and give testimony.
                                  51. Substantial contributing factor: means both of the following:

                                    Exposure to silica or mixed dust is the predominate cause of the physical impairment alleged in the silica claim or mixed dust disease claim, whichever is applicable. See Tennessee Code 29-34-303

                                  52. Substantial occupational exposure to mixed dust: means employment for a cumulative period of at least five (5) years in an industry and an occupation in which, for a substantial portion of a normal work year for that occupation, the exposed person did any of the following:

                                    Handled mixed dust. See Tennessee Code 29-34-303

                                  53. Substantial occupational exposure to silica: means employment for a cumulative period of at least five (5) years in an industry and an occupation in which, for a substantial portion of a normal work year for that occupation, the exposed person did any of the following:

                                    Handled silica. See Tennessee Code 29-34-303

                                  54. Superseded system: means , where applicable, the Tennessee state retirement system, the Tennessee teachers' retirement system, the Tennessee judges' retirement system, the retirement system for county paid judges of Tennessee, the attorneys general retirement system of Tennessee, the public service commissioners' retirement system, and the Tennessee retirement system for county officials, any one (1) of them, or any combination thereof. See Tennessee Code 8-34-101
                                  55. Supporting test results: means copies of the following documents and images:
                                    1. Pulmonary function tests, including printouts of the flow volume loops, volume time curves, DLCO graphs, lung volume tests and graphs, quality control data, and other pertinent data for all trials and all other elements required to demonstrate compliance with the equipment, quality, interpretation, and reporting standards set forth in this part. See Tennessee Code 29-34-702
                                    2. system: means any local public school system, as defined in §. See Tennessee Code 49-5-802
                                    3. Teacher: includes teachers, supervisors, principals, director of schools and all other certificated personnel employed by any local board of education, for service in public, elementary and secondary schools in this state, supported in whole or in part by state or federal funds. See Tennessee Code 49-5-501
                                    4. Teacher: means all persons entitled to sick leave under §. See Tennessee Code 49-5-802
                                    5. teacher: means and includes any director of schools, assistant director of schools, principal, assistant principal, supervisor, assistant supervisor, persons in charge of any special department of instruction, and any teacher or instructor regularly employed as such by the school board of such city or county, town or district. See Tennessee Code 49-5-903
                                    6. Tennessee HOPE access grant: means a grant for study in pursuit of an associate or baccalaureate degree at an eligible postsecondary institution that is funded from net proceeds of the state lottery and awarded to freshman students meeting the requirements of §49-4-920. See Tennessee Code 49-4-902
                                    7. Tennessee HOPE scholarship: means a scholarship for study in pursuit of an associate or baccalaureate degree at an eligible postsecondary institution that is funded from net proceeds of the state lottery and awarded under this part. See Tennessee Code 49-4-902
                                    8. terms and conditions of professional service: means those fundamental matters that affect a professional employee financially or the employee's employment relationship with the board of education and that are specifically designated as such under this part. See Tennessee Code 49-5-602
                                    9. Testify: Answer questions in court.
                                    10. Testimony: Evidence presented orally by witnesses during trials or before grand juries.
                                    11. textbooks: includes "electronic textbook" or "electronic textbooks" which means computer software, interactive videodisc, magnetic media, CD-ROM, computer courseware, local and remote computer assisted instruction, online service, electronic medium or other means of conveying information to the student or otherwise contributing to the learning process through electronic means. See Tennessee Code 49-6-2202
                                    12. THEC: means the Tennessee higher education commission. See Tennessee Code 49-4-902
                                    13. Timed gas dilution: means a method for measuring total lung capacity in which the subject breathes into a spirometer containing a known concentration of an inert and insoluble gas for a specific time, and the concentration of that inert and insoluble gas in the lung is compared to the concentration of that type of gas in the spirometer. See Tennessee Code 29-34-702
                                    14. Title IV: means Title IV of the Higher Education Act of 1965, (20 U. See Tennessee Code 49-4-902
                                    15. To acquire: includes to purchase, erect, build, construct, reconstruct, repair, replace, extend, better, equip, develop or improve a project. See Tennessee Code 49-3-1102
                                    16. Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
                                    17. Total lung capacity: means the volume of gas contained in the lungs at the end of a maximal inspiration. See Tennessee Code 29-34-702
                                    18. Training and experience factor: means the average training and experience of all licensed personnel in each LEA based upon the table of training and experience factors adopted by the state board. See Tennessee Code 49-3-302
                                    19. Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
                                    20. Transfer: means removal from one (1) position to another position under jurisdiction of the same board. See Tennessee Code 49-5-501
                                    21. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
                                    22. Trust claims materials: means a final executed proof of claim and all other documents and information related to a claim against an asbestos trust, including claims forms and supplementary materials, affidavits, depositions and trial testimony, work history, medical and health records, documents reflecting the status of a claim against an asbestos trust, and if the asbestos trust claim has settled, all documents relating to the settlement of the asbestos trust claim. See Tennessee Code 29-34-602
                                    23. Trust governance documents: means all documents that relate to eligibility and payment levels for an asbestos trust, including claims payment matrices, trust distribution procedures, or plans for reorganization. See Tennessee Code 29-34-602
                                    24. Trustee: A person or institution holding and administering property in trust.
                                    25. trustees: means those persons appointed to administer a local school system sick leave bank. See Tennessee Code 49-5-802
                                    26. TSAC: means the Tennessee student assistance corporation. See Tennessee Code 49-4-902
                                    27. TSIN: means the Tennessee STEM innovation network established in 2010 by executive order number 68 as a project within the department of education under an agreement with Battelle Memorial Institute, which is designated as the manager of TSIN and its activities. See Tennessee Code 49-6-1101
                                    28. Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
                                    29. United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
                                    30. Venue: The geographical location in which a case is tried.
                                    31. WFTEADA: means one (1) full-time equivalent average daily attendance multiplied by the cost differential for a program. See Tennessee Code 49-3-302
                                    32. Wilder-Naifeh technical skills grant: means a grant for study in pursuit of a certificate or diploma at a Tennessee college of applied technology operated by the board of regents of the state university and community college system that is funded from net proceeds of the state lottery and awarded under this part. See Tennessee Code 49-4-902
                                    33. Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
                                    34. written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
                                    35. Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105