2015-16 Public Education in Tennessee: A Policymaker’s Guide | Page 4

STATE

FEDERAL

The state of Tennessee has primary responsibility over
education. While there are several actors in the Tennessee education system, statutory authority for public
education in Tennessee originates from two sources,
outlined below:

The federal government is not empowered to directly control state education policy. Federal control over
education is limited and secondary to the power of the
states. Below are key laws that outline the federal government’s role in education at the state level.

Tennessee’s Constitution. In Tennessee, the constitution
establishes education as the responsibility of the General
Assembly. Specifically, Article XI, subsection 12 of the
Tennessee Constitution reads:

10th Amendment to the U.S. Constitution. The 10th
Amendment states, “The powers not delegated to the
United States by the Constitution, nor prohibited by it to
the States, are reserved to the States respectively, or to
the people.” Public education is not mentioned as one
of those federal powers, and so historically has been
delegated to local and state governments.

“The State of Tennessee recognizes the inherent value
of education and encourages its support. The General
Assembly shall provide for the maintenance, support and
eligibility standards of a system of free public schools.
The General Assembly may establish and support such
postsecondary educational institutions, including public
institutions of higher learning, as it determines.”
Title 49 of Tennessee Code Annotated. Action taken
by the Tennessee General Assembly on topics related
to education usually result in the enactment of laws
within Title 49 of the Tennessee Code Annotated. These
statutes set out the governance structure for public
education in Tennessee and provide guidance for the
Tennessee Department of Education, State Board of Education, and local boards of education which operate local
education agencies, otherwise known as school districts
or LEAs.

14th Amendment to the U.S. Constitution. The 14th
Amendment ensures access to public education for all
citizens by stating “all persons born or naturalized in the
United States, and subject to the jurisdiction thereof,
are citizens in the United States and of the state wherein they reside. No state shall make or enforce any law
which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any
person of life, liberty or property, without due process
of law; nor deny to any person within its jurisdiction the
equal protection of the law