Do Tennessee public-charter-school teachers' children get the same state-college tuition discount as other public-school teachers' children?

Plain-English summary

Tennessee gives a tuition discount at state colleges and universities to dependents of full-time certified public-school teachers (Tenn. Code Ann. § 49-7-119(a)). Rep. Jim Coley asked whether public charter school teachers count as "full-time certified teachers in any public school in Tennessee" for this benefit. AG Slatery answered yes.

The reasoning is clean and short. Tennessee statute defines a "public charter school" as a public school established and operating under a charter agreement (§ 49-13-104(10)). Charter schools are part of the state program of public education and operate within a school district structure (§ 49-13-102(b)). The plain text of § 49-7-119(a) extends the discount to children whose parent works as a full-time certified teacher "in any public school in Tennessee," and that "any" sweeps in charter schools.

Currency note

This opinion was issued in 2017. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

The tuition-discount mechanics in Tenn. Code Ann. § 49-7-119, the public charter school statutes in chapter 13, and any related implementing rules at state colleges and universities may have been updated. Anyone applying for the benefit should pull the current statute and confirm with the institution's financial aid office.

Common questions

Q: What is the tuition discount?
A: Tenn. Code Ann. § 49-7-119(a) gives a discount on tuition at any state-operated institution of higher learning to children whose parent is employed as a full-time certified teacher in any public school in Tennessee. The percentage and mechanics are set out in the statute and applied through the institution's financial aid office.

Q: Are public charter schools considered "public schools" in Tennessee?
A: Yes. Section 49-13-104(10) defines a public charter school as "a public school" established and operating under a charter agreement, and adds that "[p]ublic charter schools shall be part of the state program of public education." Section 49-13-102(b) frames them as schools that operate within a school district structure with maximum flexibility.

Q: Does the parent have to be both full-time and certified?
A: Yes. The discount runs to dependents of teachers who are both full-time and certified. A part-time charter school teacher, or one teaching under an alternative authorization that is not a state certification, would not qualify under the literal terms of the statute.

Q: What about teachers at private schools?
A: Private school teachers are outside the statute. The benefit attaches to public-school employment specifically.

Q: Does the discount apply at private Tennessee colleges?
A: No. The statute names "state operated institutions of higher learning."

Q: Did anything change about charter schools that would alter this answer in subsequent years?
A: The opinion does not predict changes. Anyone applying years later should confirm that the current version of § 49-13-104 still defines charter schools as public schools, and that § 49-7-119 still uses the same scope language ("any public school in Tennessee"). Both have generally remained stable, but the currency note above is the operative caution.

Background and statutory framework

Tennessee's tuition-discount benefit for dependents of public-school teachers is decades old; the statute as quoted here uses general inclusive language ("any public school in Tennessee"). Tennessee created the public charter school framework later (the modern provisions are in chapter 13 of title 49). The legislative design is to keep charter schools inside the state program of public education while granting them flexibility to meet educational goals.

When inclusive statutory language ("any public school") meets a later statute that places a new institution inside the public-school category by definition, the standard rule of statutory construction is that the inclusive term sweeps in the new category. The opinion follows that rule. The textual cross-reference is short:

• § 49-7-119(a): benefit runs to dependents of any full-time certified teacher in any public school in Tennessee.
• § 49-13-104(10): public charter schools are public schools, part of the state program of public education.
• § 49-13-102(b): the charter school structure operates within school districts.

That is enough to put charter school teachers within the benefit.

Citations

• Tenn. Code Ann. § 49-7-119(a) (tuition discount for teachers' dependents)
• Tenn. Code Ann. § 49-13-104(10) (definition of public charter school)
• Tenn. Code Ann. § 49-13-102(b) (charter school purposes)

Source

• Landing page: https://www.tn.gov/attorneygeneral/opinions.html
• Original PDF: https://www.tn.gov/content/dam/tn/attorneygeneral/documents/ops/2017/op17-009.pdf

Original opinion text

STATE OF TENNESSEE
OFFICE OF THE ATTORNEY GENERAL
February 8, 2017

Opinion No. 17-09

Tuition Discount for Teachers Employed by Charter Schools

Question
Do licensed teachers who teach at charter schools qualify for the tuition discount provided in Tenn. Code Ann. § 49-7-119?

Opinion
Yes.

ANALYSIS

"Every child in Tennessee . . . whose parent is employed as a full-time certified teacher in any public school in Tennessee" receives a discount on tuition to any state operated institution of higher learning. Tenn. Code Ann. § 49-7-119(a). "Public charter schools" are by statutory definition "public school[s] . . . established and operating under the terms of a charter agreement." Tenn. Code Ann. § 49-13-104(10) (emphasis added). "Public charter schools shall be part of the state program of public education." Tenn. Code Ann. § 49-13-104(10). The Tennessee legislature authorized the creation of public charter schools for the express purpose, among others, of providing "an alternative means within the public school system for ensuring accomplishment of the necessary outcomes of education by allowing the establishment and maintenance of public schools that operate within a school district structure but are allowed maximum flexibility to achieve their goals." Tenn. Code Ann. § 49-13-102(b).

In short, charter schools are public schools that are part of the public school system and that operate within school districts. Accordingly, full-time certified teachers employed in public charter schools are teachers in public schools in Tennessee, and their children are eligible for the tuition discount provided for in Tenn. Code Ann. § 49-7-119(a).

HERBERT H. SLATERY III
Attorney General and Reporter

ANDRÉE SOPHIA BLUMSTEIN
Solicitor General

JAY BALLARD
Deputy Attorney General

Requested by:
The Honorable Jim Coley
State Representative
207 War Memorial Building
Nashville, Tennessee 37243