Authority to open or close school to in-person learning and instruction during state of emergency

(a) During an emergency as defined in § 58-2-101 , local boards of education may consult with the state and local health departments when determining whether to open or close a school to in-person learning and instruction. (b) Notwithstanding an executive order issued by the governor or an order issued by a local health board or other public health official, a local board of education has the sole authority to open or close a school to in-person learning and instruction during an emergency as defined in § 58-2-101 . A local board of education may delegate the authority to open or close a school to in-person learning and instruction to the director of schools. (c) Notwithstanding subsection (b), during an emergency as defined in § 58-2-101 , if the governor issues an executive order with statewide applicability that requires schools to be open for in-person learning and instruction, then the executive order supersedes the authority granted in subsection (b). Added by 2021 Tenn. Acts, ch. 96, s 1, eff. 4/7/2021. (a) During an emergency as defined in § 58-2-101 , local boards of education may consult with the state and local health departments when determining whether to open or close a school to in-person learning and instruction. (b) Notwithstanding an executive order issued by the governor or an order issued by a local health board or other public health official, a local board of education has the sole authority to open or close a school to in-person learning and instruction during an emergency as defined in § 58-2-101 . A local board of education may delegate the authority to open or close a school to in-person learning and instruction to the director of schools. (c) Notwithstanding subsection (b), during an emergency as defined in § 58-2-101 , if the governor issues an executive order with statewide applicability that requires schools to be open for in-person learning and instruction, then the executive order supersedes the authority granted in subsection (b). Added by 2021 Tenn. Acts, ch. 96, s 1, eff. 4/7/2021.