Interpretation of the Physical-Activity Requirements from Tenn. Code Ann. § 49-6-1021 - Articles

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Interpretation of the Physical-Activity Requirements from Tenn. Code Ann. § 49-6-1021

Posted by: Stacey Shrader Joslin on Apr 15, 2026

Court: TN Attorney General Opinions

Hearing Date: 03/10/2026

Opinion Number: 3

Question 1: Does the term “elementary school students” in Tenn. Code Ann. § 49-6-1021 include students in grades K-5 when those grades are housed within the same building, even if the building also hosts higher grade levels such as in a K-8 school?

Opinion 1: It depends. Although Tenn. Code Ann. § 49-6-1021 does not define what constitutes an elementary school student for purposes of its substantive requirements, we think a court facing this issue would likely rely on the definitional framework within Tenn. Code. Ann. § 49-6-301. Under that statute, “elementary schools” serve “any combination of kindergarten through grade six,” Tenn. Code Ann. § 49-6-301(a), whereas “middle schools” are “designed to serve grades five through eight (5-8) only, or any combination of grades five through eight.” Tenn. Code Ann. § 49-6-301(b). When applying these definitional concepts to the context of a K-8 school, we think students in grades K-4 would clearly be considered elementary school students, whereas the classification of fifth-grade students would depend on how the local school board classified them. Thus, although fifth-grade students in a K-8 school might be considered elementary school students for purposes of Tenn. Code Ann. § 49-6-1021 in certain situations, we do not think that conclusion is always mandated absent further direction from the General Assembly.

Question 2: For purposes of compliance with Tenn. Code Ann. § 49-6-1021, how should “elementary school” be defined or determined?

Opinion 2: See response to Question 1.

Question 3: With respect to the physical-activity requirements for elementary school students in Tenn. Code Ann. § 49-6-1021, may a school withhold unstructured recess as punishment or replace it with a disciplinary walking activity?

Opinion 3: No.

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