1. (1) In determining whether, in the State Board’s judgment, to approve a waiver application, the State Board may consider a number of factors, including, but not limited to:

   1. (a) The explanation of the unique or unusual needs of the LEA necessitating the use of the requested Textbook(s) and/or Instructional Materials in the waiver application.
   2. (b) Department subject-matter expert feedback, including the requested Textbook(s) and/or Instructional Materials’ alignment to Tennessee Academic Standards and, if necessary, the extent to which the LEA’s plan would remediate any areas of misalignment.
   3. (c) How the LEA will address deficiencies identified by the Textbook Commission, if applicable.
   4. (d) Evidence of student outcomes based on the requested Textbook(s) and/or Instructional Materials, if applicable.
   5. (e) Evidence of research or evaluation on the requested Textbook(s) and/or Instructional Materials’ quality, if applicable.
   6. (f) Evidence of improved student outcomes in the LEA before and since utilizing Textbook(s) and/or Instructional Materials from waivers the LEA has been granted in the past, if applicable.

Authority: T.C.A. § 49-6-2206. Administrative History: Emergency rules filed August 26, 2020; effective through February 22, 2021. Emergency rules expired effective February 23, 2021, and the rules reverted to their previous statuses. Original rules filed December 17, 2020; effective March 17, 2021. Amendments filed June 18, 2025; effective September 16, 2025.