HB 349

ON MARCH 19, 2026, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 328, AS AMENDED. AMENDMENT #1 r ewrites this bill to revise present law concerning open enrollment. Present law requires that, before the state of each school year, LEA s conduct an open enrollment period of at least 30 days during which a parent or guardian of a student residing within the LEA may apply for enrollment of the parent's or guardian's student in a school that the student is not zoned to attend. During the open enrollment period, a parent or guardian may submit an application for transfer to a school identified by the LEA as having space available to enroll and serve additional students. At the end of the open enrollment period, an LEA is required to approve an application for transfer if space is available for the student at the requested school. If the number of applications for transfer to a school exceeds the number of spaces available for enrollment in the school at the building, grade, class, or program level, then the is required to LEA conduct a lottery to select the students who may transfer to the school. This amendment instead requires LEAs to conduct an open enrollment period each school semester to allow nonresident students to enroll in a school within the LEA. This amendment authorizes an LEA enrolling a nonresident student to adopt a policy to prioritize the enrollment of nonresident students who reside within the geographic boundaries of the LEA but who are not zoned to attend the public school in which the student seeks to enroll . The full text of this amendment lists seven components that LEAs mu st include in their open enrollment policies. This amendment also specifies four reasons for which an LEA may deny enrollment to a nonresident student. Beginning with data collected in the 2026-2027 school year, this amendment requires each LEA to annually report to the department of education the total number of open enrollment applications and appeals received pursuant to this amendment, disaggregated by the number of applications approved and denied by the LEA. By December 31, 2027, and by each December 31 thereafter, the department will be required to annually collect and publish on the department's website a report containing the following data for the immediately preceding school year, disaggregated by each LEA: ( 1 ) The average daily membership of students who are enrolled in the school that they are zoned to attend; ( 2 ) The average daily membership of students who are enrolled in a school that they are not zoned to attend, disaggregated by the average daily membership of students who reside within the geographic boundaries of the LEA and by the average daily membershi p of students who do not reside within the geographic boundaries of the LEA; ( 3 ) The total number of e nrollment applications received and a ppeals submitted to an independent review panel; and (4 ) The disposition of all appeals filed pursuant to this section, disaggregated by student subgroups, as defined in the Tennessee's Every Student Succeeds Act . For purposes of this amendment , "nonresident student"" means a student who resides in Tennessee : (1) But who does not reside within the geographic boundaries of the LEA in which the student is enrolled or seeks to enroll; or (2) Within the geographic boundaries of the LEA, but who is not zoned to attend the public school in which the student is enrolled or seeks to enroll."