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
  • 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pursuant to Chapters 34 37 of this title from the respective account of the member under one (1) or more of the superseded systems, with interest thereon, as provided in §.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
  • 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.
  • 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.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • After-school learning mini-camp: means an after-school educational program, as part of the learning loss remediation and student acceleration program, that is designed to remediate student learning loss and support student academic needs using an educational approach to learning that uses science, technology, reading, engineering, the arts, and mathematics (STREAM) as access points for guiding student inquiry, dialogue, and critical thinking. See Tennessee Code 49-6-1502
  • 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
  • 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. 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.
    6. Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
    7. 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.
    8. Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
    9. 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
    10. Arrest: Taking physical custody of a person by lawful authority.
    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 C. 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. Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
    16. 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
    17. 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
    18. 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.
    19. 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.
    20. 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
    21. 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
    22. board: means the board provided for in part 3 of this chapter. See Tennessee Code 8-34-101
    23. Board: means the local board of education holding jurisdiction in its respective territory. See Tennessee Code 49-5-501
    24. 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
    25. 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
    26. 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
    27. 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
    28. Chambers: A judge's office.
    29. 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
    30. Church-related school: means a school as defined in §. See Tennessee Code 49-6-3001
    31. 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
    32. 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
    33. 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.
    34. 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
    35. 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
    36. 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. Conviction: A judgement of guilt against a criminal defendant.
        4. Creditable service: means prior service plus membership service, as provided in part 6 of this chapter. See Tennessee Code 8-34-101
        5. Cyber-bullying: means bullying undertaken through the use of electronic devices. See Tennessee Code 49-6-4502
        6. Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
        7. Decedent: A deceased person.
        8. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
        9. Department: means the department of education. See Tennessee Code 49-6-1502
        10. Department: means the department of education. See Tennessee Code 49-6-2602
        11. Dependent: A person dependent for support upon another.
        12. Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
        13. 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
        14. Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
        15. Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
        16. 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
        17. Drug: means any controlled substance, controlled substance analogue, marijuana, alcohol, legend drug or any other substance the possession or use of which is regulated in any manner by any governmental authority, including the school system. See Tennessee Code 49-6-4202
        18. Drug paraphernalia: means all equipment, products and materials of any kind that are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a drug, as defined in subdivision (2). See Tennessee Code 49-6-4202
        19. Earnable compensation: includes , but is not limited to, any bonus or incentive payment. See Tennessee Code 8-34-101
        20. Electronic devices: include , but are not limited to, telephones, cellular phones or other wireless telecommunication devices, personal digital assistants (PDAs), computers, electronic mail, instant messaging, text messaging, and websites. See Tennessee Code 49-6-4502
        21. 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
        22. 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 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. 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.
                5. 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
                6. ESA: means an education savings account created by this part. See Tennessee Code 49-6-2602
                7. 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
                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 49-6-8003
                9. 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
                10. 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
                11. 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.
                12. 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
                13. Fraud: Intentional deception resulting in injury to another.
                14. FVC: means the maximal volume of air expired with maximum effort from a position of full inspiration. See Tennessee Code 29-34-702
                15. 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
                16. Germane: On the subject of the pending bill or other business; a strict standard of relevance.
                17. 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.
                18. High school: means a school in which any combination of grades nine through twelve (9-12) are taught. See Tennessee Code 49-6-2602
                19. 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
                20. Home school: means a school as defined in §. See Tennessee Code 49-6-3001
                21. 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
                22. 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
                23. 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
                24. 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
                25. Internal Revenue Code: means the Internal Revenue Code of 1986, codified in United States Code, title 26, as amended. See Tennessee Code 8-34-101
                26. Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
                27. Joint resolution: A legislative measure which requires the approval of both chambers.
                28. Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
                29. Learning loss: means the loss of academic knowledge or skills previously acquired or a pause in academic advancement, most commonly due to extended time away from school or in-person instruction. See Tennessee Code 49-6-1502
                30. Learning loss bridge camp: means a four-week educational program conducted each year before the beginning of the school year, as part of the learning loss remediation and student acceleration program, that is designed to support student academic needs and remediate student learning loss. See Tennessee Code 49-6-1502
                31. Learning loss remediation and student acceleration program: means a program established and administered by the department to aid LEAs and public charter schools in remediating learning loss by facilitating the provision of educational services to students in person outside of the regular school day, including through after-school learning mini-camps, learning loss bridge camps, and summer learning camps. See Tennessee Code 49-6-1502
                32. Legacy: A gift of property made by will.
                33. Legacy student: means a participating student who:

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

                34. Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
                35. Limitation year: means , for testing purposes under §. See Tennessee Code 8-34-101
                36. 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
                37. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
                38. 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
                39. 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
                40. 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
                41. 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
                42. 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
                43. 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
                44. Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
                45. 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
                46. 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
                47. 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
                48. 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
                49. Nonmalignant condition: means any condition that can be caused by asbestos other than a diagnosed cancer. See Tennessee Code 29-34-702
                50. Nonpublic school: means a church-related school, home school or private school. See Tennessee Code 49-6-3001
                51. Oath: includes affirmation. See Tennessee Code 1-3-105
                52. Oath: A promise to tell the truth.
                53. Oversight: Committee review of the activities of a Federal agency or program.
                54. Parent: means the parent, guardian, person who has custody of the child, or individual who has caregiving authority under §. See Tennessee Code 49-6-2602
                55. 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
                56. Participating school: means a private school, as defined by §. See Tennessee Code 49-6-2602
                57. 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

                58. 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.
                59. 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
                60. Person: means one (1) or more individuals, organizations, associations, or their representatives. See Tennessee Code 49-5-602
                61. Personal property: All property that is not real property.
                62. Personal property: includes money, goods, chattels, things in action, and evidences of debt. See Tennessee Code 1-3-105
                63. Physical impairment: means a condition of an exposed person as defined in §. See Tennessee Code 29-34-303
                64. 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
                65. Plaintiff: The person who files the complaint in a civil lawsuit.
                66. Plan year: means the fiscal year commencing July 1. See Tennessee Code 8-34-101
                67. 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
                68. 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
                69. Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
                70. 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
                71. principal: means the administrative head of a public school, by whatever title the person may be known. See Tennessee Code 49-6-4202
                72. Priority student: means :

                  1. For purposes of an after-school learning mini-camp:
                    1. A student who completed third or fourth grade in the immediately preceding school year and scored below proficient in math or English language arts on the student's most recent Tennessee comprehensive assessment program (TCAP) test. See Tennessee Code 49-6-1502
                    2. Private school: means a school accredited by, or a member of, an organization or association approved by the state board of education as an organization accrediting or setting academic requirements in schools, or that has been approved by the state, or is in the future approved by the commissioner in accordance with rules promulgated by the state board of education. See Tennessee Code 49-6-3001
                    3. Probable cause: A reasonable ground for belief that the offender violated a specific law.
                    4. Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
                    5. 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
                    6. Program: means the education savings account program created in this part. See Tennessee Code 49-6-2602
                    7. 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
                    8. 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
                    9. 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. Public school: means any school operated by an LEA or by the state with public funds. See Tennessee Code 49-6-3001
                      3. 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 49-6-8003
                        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. 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
                          3. Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
                          4. 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
                          5. Recess: A temporary interruption of the legislative business.
                          6. 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
                          7. 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.
                          8. 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
                          9. Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
                          10. Retirement: means withdrawal from membership with a retirement allowance granted under Chapters 34 37 of this title. See Tennessee Code 8-34-101
                          11. Retirement allowance: means the sum of the member annuity and the state annuity. See Tennessee Code 8-34-101
                          12. Retirement system: means the Tennessee consolidated retirement system as defined in §. See Tennessee Code 8-34-101
                          13. 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
                          14. 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
                          15. School: means all public schools that conduct classes in any grade from kindergarten through grade twelve (K-12). See Tennessee Code 49-6-4202
                          16. School employee: means an individual employed on a full-time or part-time basis by a public school. See Tennessee Code 49-6-8003
                          17. 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 §. See Tennessee Code 8-34-101
                          18. 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.
                          19. Sexual activity: means sexual penetration or sexual contact, or both. See Tennessee Code 49-6-1301
                          20. Sexual contact: means sexual contact as defined under §. See Tennessee Code 49-6-1301
                          21. Sick leave: means a designated amount of compensation leave accumulated pursuant to §. See Tennessee Code 49-5-802
                          22. 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
                          23. 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
                          24. Silicosis: means a lung disease caused by the pulmonary response to inhaled silica. See Tennessee Code 29-34-303
                          25. 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
                          26. State: means the state of Tennessee. See Tennessee Code 8-34-101
                          27. State board: means the state board of education. See Tennessee Code 49-6-2602
                          28. State-adopted benchmark assessment: means an assessment created under the innovative benchmark assessment pilot program established under §. See Tennessee Code 49-6-1502
                          29. STEM: means science, technology, engineering, and mathematics. See Tennessee Code 49-6-1101
                          30. 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
                          31. Stipend: means :

                            1. The compensation provided to teachers for providing educational services to students in:
                              1. After-school learning mini-camps, learning loss bridge camps, or summer learning camps based on factors such as the teacher's level of overall effectiveness score or other performance data. See Tennessee Code 49-6-1502
                              2. 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
                              3. Student: means an individual attending a public school. See Tennessee Code 49-6-2903
                              4. Student: means any person, regardless of age, enrolled in the public school. See Tennessee Code 49-6-4202
                              5. 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

                              6. 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

                              7. 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

                              8. Summer learning camp: means a six-week summer educational program, as part of the learning loss remediation and student acceleration program, that is designed to support student academic needs and remediate student learning loss. See Tennessee Code 49-6-1502
                              9. Summons: Another word for subpoena used by the criminal justice system.
                              10. 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
                              11. 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 universal math screener: means the uniform tool that screens and monitors a student's progress toward proficiency in math that is provided to LEAs and public charter schools by the department as part of the innovative benchmark assessment pilot program. See Tennessee Code 49-6-1502
                                7. Tennessee universal reading screener: means the universal reading screener that is provided to LEAs and public charter schools by the department as part of the innovative benchmark assessment pilot program. See Tennessee Code 49-6-1502
                                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. 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
                                10. 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
                                11. 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.
                                12. 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
                                13. Transfer: means removal from one (1) position to another position under jurisdiction of the same board. See Tennessee Code 49-5-501
                                14. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
                                15. 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
                                16. 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
                                17. trustees: means those persons appointed to administer a local school system sick leave bank. See Tennessee Code 49-5-802
                                18. 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
                                19. 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
                                20. Universal reading screener: means a uniform tool that screens and monitors a student's progress towards phonemic awareness, phonics, fluency, vocabulary, and comprehension. See Tennessee Code 49-6-1502
                                21. Venue: The geographical location in which a case is tried.
                                22. Visitor: means any person who is on school property, except for certificated personnel employed by the state or local board of education. See Tennessee Code 49-6-4202
                                23. weapon: means any dangerous instrument or substance that is capable of inflicting any injury on any person. See Tennessee Code 49-6-4202
                                24. 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.