reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 5 - PERSONNEL (§§ 49-5-101 — 49-5-5704) › Part 2 - TEACHERS' RIGHTS AND DUTIES GENERALLY (§§ 49-5-201 — 49-5-209) › Section 49-5-206 - Service on state boards without loss of compensation or benefits

(a)
If any statute creating a state board, commission or committee specifies or authorizes a teacher or other certificated employee of an LEA to serve as a member, then any teacher or other certificated employee shall be eligible to serve on the state board, commission or committee without the loss of compensation, personal or professional leave, sick leave, compensatory time or any other benefit accorded to the teacher or employee as part of the teacher's or employee's employment as a teacher by the respective LEA.
(b)
This section applies to, but is not limited to, §§
8-27-301
,
8-34-302
,
49-1-301
, and
49-6-2201
.
(c)
Any additional costs incurred by LEAs as a result of the implementation of subsection (a) shall be reimbursed from the funds apportioned as state-shared taxes to county and municipal governments, as set out in §
9-4-5301
.
Acts 1993, ch. 487, § 1.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 5 - PERSONNEL (§§ 49-5-101 — 49-5-5704) › Part 2 - TEACHERS' RIGHTS AND DUTIES GENERALLY (§§ 49-5-201 — 49-5-209) › Section 49-5-208 - Reporting inaccuracies, errors, or potentially inflammatory material in textbooks and instructional materials

No teacher or other educator shall be discouraged or disciplined by any supervisor, including a principal, the director of schools, or the local board of education, for reporting inaccuracies, errors, or potentially inflammatory material in textbooks and instructional materials or content to a supervisor, an elected official, or a parent or guardian of a student. No teacher or other educator shall be asked or required to waive the right to report inaccuracies, errors, or potentially inflammatory material in textbooks and instructional materials or content to a supervisor, an elected official, or a parent or guardian of a student as a condition of employment or continuing employment.
Added by 2015 Tenn. Acts, ch. 165,s 1, eff. 7/1/2015.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 5 - PERSONNEL (§§ 49-5-101 — 49-5-5704) › Part 2 - TEACHERS' RIGHTS AND DUTIES GENERALLY (§§ 49-5-201 — 49-5-209) › Section 49-5-209 - Educator's Bill of Rights

(a)
This section is known and may be cited as the "Educator's Bill of Rights."
(b)
For purposes of this section, "educator" means any teacher, principal, supervisor, or other individual required by law to hold a valid license of qualification for employment in the public schools of this state.
(c)
An educator has the right to:
(1)
Be treated with civility and respect;
(2)
Have his or her professional judgment and discretion respected;
(3)
Report any errant, offensive, or abusive content or behavior of students to school officials or appropriate agencies;
(4)
Provide students with a classroom and school in which the educators, students, the property of the educator and students, and peers will be safe;
(5)
Defend themselves and their students from physical violence or physical harm pursuant to §
49-6-2802
;
(6)
Share information regarding a student's educational experience, health, or safety with the student's parent or legal guardian unless otherwise prohibited by state law or the federal Family Educational Rights and Privacy Act (FERPA) (
20 U.S.C. § 1232g
);
(7)
Review all instructional material or curriculum prior to those materials being utilized for instruction of students;
(8)
Not be required to use their personal money to appropriately equip a classroom;
(9)
Report students who commit offenses of assault and battery or vandalism on school property endangering the life, health, or safety of others pursuant to §
49-6-4301
; and
(10)
Receive benefits in accordance with §
49-5-714
if the educator is a teacher who is absent from the teacher's assigned duties as a result of personal injury caused by a physical assault or other violent criminal act committed against the teacher in the course of the teacher's employment activities.
Amended by 2023 Tenn. Acts, ch. 153, s 2, eff. 4/13/2023.
Amended by 2022 Tenn. Acts, ch. 682, s 1, eff. 3/28/2022.
Amended by 2021 Tenn. Acts, ch. 77, s 7, eff. 1/1/2022.
Added by 2017 Tenn. Acts, ch. 360, s 1, eff. 5/11/2017.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 5 - PERSONNEL (§§ 49-5-101 — 49-5-5704) › Part 3 - RIGHTS AND DUTIES OF OTHER PERSONNEL GENERALLY (§§ 49-5-301 — 49-5-303) › Section 49-5-301 - Nonteachers eligible for public office

Notwithstanding any law except §§
8-23-201
and
49-2-203
to the contrary, noninstructional personnel employed by any public school in this state shall be eligible to run for public office.
Acts 1977, ch. 69, § 1; T.C.A., § 49-255.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 5 - PERSONNEL (§§ 49-5-101 — 49-5-5704) › Part 3 - RIGHTS AND DUTIES OF OTHER PERSONNEL GENERALLY (§§ 49-5-301 — 49-5-303) › Section 49-5-302 - School counselors and school teachers

(a)
A school counselor or school teacher is responsible solely for providing counseling and guidance to students at the school or schools at which the counselor is employed. If a counselor is employed as such on a less than full-time basis, those hours devoted to guidance and counseling shall be specified and adhered to closely. A school counselor is not responsible for general school administration or reports, except such reports as may be connected with the school's guidance program.
(b)
Counseling and guidance include, but are not limited to:
(1)
Counseling on academic problems or decisions;
(2)
Counseling on social or peer-group pressure problems;
(3)
Career counseling and guidance;
(4)
Guidance on socialization and group interaction;
(5)
Motivational guidance;
(6)
Behavioral guidance; and
(7)
Counseling on personal problems.
Acts 1984 (1st E.S.), ch. 1, § 1; 1999, ch. 367, § 1.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 5 - PERSONNEL (§§ 49-5-101 — 49-5-5704) › Part 3 - RIGHTS AND DUTIES OF OTHER PERSONNEL GENERALLY (§§ 49-5-301 — 49-5-303) › Section 49-5-303 - LEA employees - Service on state boards without loss of compensation or benefits

(a)
If any statute creating a state board, commission or committee specifies or authorizes an employee of an LEA to serve as a member, then the employee shall be eligible to serve on the state board, commission or committee without the loss of compensation, annual leave, sick leave, compensatory time or any other benefit accorded to the teacher or employee as part of the teacher's or employee's employment by the respective LEA.
(b)
This section applies to, but is not limited to, §§
8-27-301
,
8-34-302
,
49-1-301
, and
49-6-2201
.
(c)
Any additional costs incurred by LEAs as a result of the implementation of subsection (a) shall be reimbursed from funds apportioned as state-shared taxes to county and municipal governments, as set out in §
9-4-5301
.
Acts 1993, ch. 487, § 2.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 5 - PERSONNEL (§§ 49-5-101 — 49-5-5704) › Part 4 - EMPLOYMENT AND ASSIGNMENT OF PERSONNEL (§§ 49-5-401 — 49-5-419) › Section 49-5-401 - Employment and assignment generally

(a)
All educators and other school personnel to be employed for the following school year shall be assigned to the several schools by June 15 next preceding the school year for which those persons are employed.
(b)
If a sufficient number of educators and other personnel are not available for employment by May 15, the director of schools shall employ and assign to the several schools such educators and other personnel as are necessary to meet the needs and programs authorized by the board of education.
Amended by 2019 Tenn. Acts, ch. 248,s 37, eff. 5/2/2019.
Acts 1955, ch. 136, § 17; 1957, ch. 89, § 1; 1974, ch. 654, §§ 70-73; 1977, ch. 349, § 1; T.C.A., § 49-1313; Acts 1987, ch. 308, § 22; 1992, ch. 535, § 19; 2000, ch. 903, § 2; 2011, ch. 70, § 1.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 5 - PERSONNEL (§§ 49-5-101 — 49-5-5704) › Part 4 - EMPLOYMENT AND ASSIGNMENT OF PERSONNEL (§§ 49-5-401 — 49-5-419) › Section 49-5-402 - Salary ratings

(a)
After the election of teachers, the director of schools shall establish the salary rating of each person employed as teacher or principal-teacher, and also the director of schools and other school personnel employed on a system-wide basis in the public schools, using for this purpose the established training and experience of the school personnel and the respective state salary schedule for the school year, as prescribed by the commissioner of education and approved by the state board of education.
(b)
The salary rating and other information as called for on forms prescribed by the commissioner shall be filed with the commissioner on or before February 1 of the school year for which the personnel are elected.
(c)
Notwithstanding any provision of this section to the contrary, any principal-teacher, teacher, director of schools, or other school personnel employed on a system-wide basis who completes additional academic training after the beginning of a school year but prior to January 1 of that school year, that would qualify the employee for a higher salary rating, shall be eligible to have the employee's salary rating redetermined as of January 1 of the school year. To receive the adjustment in salary rating, the employee shall give notice in writing of the employee's intention to complete academic training that may qualify the employee for a higher salary rating after the beginning of the school year immediately subsequent to the date of the notice and prior to January 1 of such school year. The written notice shall be given to the director of schools and to the chair of the local board of education prior to submission of the LEA's budget to the local legislative body pursuant to §
49-2-203(a)(9)
. After completing the academic training, the employee shall provide, by February 1 of the school year, all documentation, as required by the LEA and the commissioner, necessary to establish the completion of the training. The increased salary rating and other information, as called for on forms prescribed by the commissioner, shall be filed with the commissioner by February 15 of the school year.
(d)
Military personnel who have served as junior reserve officers' training corps (JROTC) instructors in accordance with §
49-5-108(c)(3)
for not less than two (2) years and who currently teach in subject areas other than JROTC or military science, for which they are properly licensed, shall be credited with their years of experience in teaching JROTC or military science for the purpose of determining salary ratings.
Amended by 2019 Tenn. Acts, ch. 248, Secs.s 38, s 39, s 40 eff. 5/2/2019.
Acts 1955, ch. 136, § 17; 1957, ch. 89, § 1; 1974, ch. 654, §§ 70-73; 1977, ch. 349, § 1; T.C.A., § 49-1313; Acts 1992, ch. 535, § 21; 1999, ch. 367, § 2; 2005, ch. 338, § 1; 2010 , ch. 1046, § 1.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 5 - PERSONNEL (§§ 49-5-101 — 49-5-5704) › Part 4 - EMPLOYMENT AND ASSIGNMENT OF PERSONNEL (§§ 49-5-401 — 49-5-419) › Section 49-5-403 - Teachers - Licenses required

(a)
No person shall be employed to teach in any public elementary or high school or receive pay for teaching out of the public funds of any school system until the person has received a license from the commissioner or state board of education.
(b)
As used in parts 2, 4 and 7 of this chapter, "employ," and all derivatives of "employ," means to put to work in a position compensated from public funds, and shall not be construed to preclude election by the local board of education of a teacher prior to that teacher's having received a license, in accordance with the rules and regulations of the state board of education.
(c)
This section does not apply to a student teacher. As used in this section, "student teacher" means a student enrolled in an institution of higher learning approved by the state board of education for teacher training, who is jointly assigned by the institution of higher learning and the local board of education to perform practice teaching under the direction of a regularly employed and licensed teacher. A student teacher, while serving a nonsalaried internship under the supervision of a licensed teacher, shall be accorded the same protection of the laws as that accorded a licensed teacher, and shall, while acting as a student teacher, comply with all rules and regulations of the state and applicable local board of education and observe all duties of teachers as set forth in §
49-5-201
. A student teacher who has been jointly assigned to a before-and-after school care program and who performs in a nonsalaried internship under the direction of a regularly employed teacher shall, while serving in this position, be accorded the same protection of the laws as is accorded a licensed teacher, specifically including protections under the Tennessee Governmental Tort Liability Act, compiled in title 29, chapter 20.
(d)
Since preschool and early childhood special education require very specialized curriculum and practicum experience, the state board of education shall establish licensing requirements and procedures for preschool and early childhood special education teachers. Such licensing requirements and procedures shall be submitted to the education committee of the senate and the education administration committee of the house of representatives for review prior to their implementation.
Amended by 2021 Tenn. Acts, ch. 64, s 81, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 94, eff. 5/10/2019.
Amended by 2015 Tenn. Acts, ch. 182, s 39, eff. 4/17/2015.
Acts 1925, ch. 115, § 8; Shan. Supp., § 1487a47; Code 1932, § 2336; impl. am. Acts 1951, ch. 58, § 7; Acts 1969, ch. 73, § 1; 1974, ch. 654, §§ 60, 61; 1976, ch. 400, § 2; T.C.A. (orig. ed.), § 49-1301; Acts 1987, ch. 308, § 23; 1988, ch. 765, § 1; 1989, ch. 37, § 2; 2011 , ch. 410, § 4 (m).
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 5 - PERSONNEL (§§ 49-5-101 — 49-5-5704) › Part 4 - EMPLOYMENT AND ASSIGNMENT OF PERSONNEL (§§ 49-5-401 — 49-5-419) › Section 49-5-404 - Teachers - Physical examination

No person who has any contagious or communicable disease in a form that might endanger the health of school children shall teach in any school, and any teacher must submit to a physical examination by competent physicians when so required by the local board of education.
Acts 1925, ch. 115, § 8; Shan. Supp., § 1487a48; Code 1932, § 2337; Acts 1974, ch. 654, § 62; T.C.A. (orig. ed.), § 49-1302.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 5 - PERSONNEL (§§ 49-5-101 — 49-5-5704) › Part 4 - EMPLOYMENT AND ASSIGNMENT OF PERSONNEL (§§ 49-5-401 — 49-5-419) › Section 49-5-405 - Teachers - Loyalty oaths

(a)
All persons now teaching or who may hereafter be employed as teachers in any school supported in whole or in part by public funds of the state, county or municipality shall be required to take and subscribe to an oath to support the constitutions of the United States and Tennessee.
(b)
Any person who is an applicant for a position as a teacher in the schools referred to in subsection (a) who refuses to take the oath shall not be employed, and those who are now employed and who refuse to take the oath referred to in subsection (a) shall be immediately dismissed from the service.
Acts 1941, ch. 100, §§ 1, 2; C. Supp. 1950, § 2540.17 (Williams, § 2540.3); T.C.A. (orig. ed.), § 49-1304.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 5 - PERSONNEL (§§ 49-5-101 — 49-5-5704) › Part 4 - EMPLOYMENT AND ASSIGNMENT OF PERSONNEL (§§ 49-5-401 — 49-5-419) › Section 49-5-407 - [Repealed]

Repealed by 2022 Tenn. Acts, ch. 966, s 47, eff. 7/1/2023.
Acts 1973, ch. 178, § 1; T.C.A., § 49-1317; Acts 1992, ch. 535, § 23.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 5 - PERSONNEL (§§ 49-5-101 — 49-5-5704) › Part 4 - EMPLOYMENT AND ASSIGNMENT OF PERSONNEL (§§ 49-5-401 — 49-5-419) › Section 49-5-408 - Teachers - Contracts

All teachers shall make a written contract with the director of schools or board of education at a fixed salary per month before entering upon the teachers' duties.
Amended by 2019 Tenn. Acts, ch. 248,s 41, eff. 5/2/2019.
Acts 1925, ch. 115, § 8; Shan. Supp., § 1487a51; Code 1932, § 2340; T.C.A. (orig. ed.), § 49-1305; Acts 1992, ch. 535, § 24.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 5 - PERSONNEL (§§ 49-5-101 — 49-5-5704) › Part 4 - EMPLOYMENT AND ASSIGNMENT OF PERSONNEL (§§ 49-5-401 — 49-5-419) › Section 49-5-409 - Continuation of service unless notice of dismissal or failure of reelection sent

(a)
Teachers in service and under the control of the public elementary or high schools of this state may continue in such service unless written notice is sent to the teacher from the teacher's board of education or director of schools, as appropriate, of the teacher's dismissal or failure of reelection.
(b)
(1)
The notice must be sent within five (5) business days following the last instructional day for the school year to be applicable to the next succeeding school year; provided, that the director of schools may transfer any teacher from one (1) position to another at the director's option. Nothing contained in this section shall affect any rights that may have accrued, or may hereafter accrue, on behalf of any teachers or principals in any local school system under any law providing a tenure of office for the teachers and principals.
(2)
If a teacher's dismissal or failure of reelection is due only to a loss of funding for the position, then the local board of education or director of schools, as appropriate, shall state in the notice required under this section that the only reason for dismissing the teacher or not reelecting the teacher's contract for the next succeeding school year is a loss of funding for the position.
(c)
Nothing in this section shall prohibit a board from abolishing a position after June 15, for sufficient, just and nondiscriminatory reasons; provided, that the person holding the position is notified immediately in writing stating the reasons for abolishing the position and the person is entitled to the next position that the person is qualified to hold and that opens within the school system during the remainder of the school year. The determination of whether a teacher is qualified for an open position shall be made by the director of schools, and the teacher's most recent evaluations may be a factor in such determination.
(d)
Written notice sent by a board of education or director of schools in accordance with this section must be sent by certified mail or overnight carrier to the teacher's physical mailing address on record with the LEA, or transmitted via electronic mail to the email address used by the LEA to communicate with the teacher.
(e)
As used in this section, "last instructional day" means the last day of the school year on which students are required to report to school.
Amended by 2022 Tenn. Acts, ch. 678, s 1, eff. 3/28/2022.
Amended by 2021 Tenn. Acts, ch. 378, Secs.s1, s2, s3 eff. 5/11/2021.
Amended by 2015 Tenn. Acts, ch. 232, s 1, eff. 7/1/2015.
Acts 1943, ch. 147, § 1; C. Supp. 1950, § 2340.1; Acts 1971, ch. 49, §§ 1, 2; 1974, ch. 654, §§ 64, 65; 1977, ch. 455, § 1; 1981, ch. 186, § 1; T.C.A. (orig. ed.), § 49-1306; Acts 1992, ch. 535, § 25; 2000, ch. 569, § 1; 2002, ch. 586, § 1; 2010 , ch. 798, §§ 1, 2; 2011 , ch. 70, §§ 2, 3; 2011 , ch. 255, § 1.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 5 - PERSONNEL (§§ 49-5-101 — 49-5-5704) › Part 4 - EMPLOYMENT AND ASSIGNMENT OF PERSONNEL (§§ 49-5-401 — 49-5-419) › Section 49-5-410 - Teachers - Moonlighting

(a)
A teacher employed full time by any institution of public education, including higher education, may be employed and paid by the same or another institution for additional part-time work outside the teacher's regular hours, not to exceed fifteen (15) clock hours beyond the teacher's regular employment per week and not to exceed four hundred (400) clock hours out of any nine-month period.
(b)
If the additional part-time work is or includes teaching in an institution of higher education, the teacher shall be limited to teaching no more than two (2) courses per quarter or semester.
(c)
The employment must be approved by the governing board of each institution of public education.
Amended by 2019 Tenn. Acts, ch. 248,s 42, eff. 5/2/2019.
Acts 1973, ch. 205, § 1; 1976, ch. 445, § 1; 1977, ch. 234, § 1; T.C.A., § 49-1319.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 5 - PERSONNEL (§§ 49-5-101 — 49-5-5704) › Part 4 - EMPLOYMENT AND ASSIGNMENT OF PERSONNEL (§§ 49-5-401 — 49-5-419) › Section 49-5-411 - Teachers - Resignations - Breach of contract

(a)
The conditions under which it is permissible to break a contract with a local board of education are as follows:
(1)
The incapacity on the part of the teacher to perform the contract as evidenced by the certified statement of a physician approved by the local board of education;
(2)
The drafting of a teacher into military service by a selective service board; and
(3)
The release, by written mutual consent, by the local board of education of the teacher from the contract that the teacher has entered into with the local board of education.
(b)
A teacher shall give the director of schools written notice of resignation at least thirty (30) days in advance of the effective date of the resignation. A teacher who breaks a contract with a local board of education without a justifiable reason as listed in this section shall be subject to the following penalty:
(1)
The local board of education, upon a motion recorded in its minutes, may file a complaint with the state board of education and request a suspension of the teacher's license;
(2)
The request shall be supported by facts documenting the charge that the teacher broke the contract contrary to this section;
(3)
The teacher shall receive a copy of the charges and facts at the same time they are filed with the state board of education;
(4)
If the state board of education finds that a teacher has broken the teacher's contract, then the state board may suspend the teacher's license for no less than thirty (30) days and no more than three hundred sixty-five (365) days;
(5)
The suspension of a license according to this section shall occur only after the state board of education has provided the teacher an opportunity for defense, in person or by counsel, against the charges during a full and complete hearing within thirty (30) days following the filing of the complaint; and
(6)
A license that has been suspended because of breach of contract shall have recorded on it the date the suspension was in effect and the cause for the suspension.
Amended by 2021 Tenn. Acts, ch. 493, s 21, eff. 5/25/2021.
Amended by 2019 Tenn. Acts, ch. 248, Secs.s 43, s 44, s 45, s 46 eff. 5/2/2019.
Acts 1973, ch. 178, § 1; T.C.A., § 49-1317; Acts 1987, ch. 308, § 24.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 5 - PERSONNEL (§§ 49-5-101 — 49-5-5704) › Part 4 - EMPLOYMENT AND ASSIGNMENT OF PERSONNEL (§§ 49-5-401 — 49-5-419) › Section 49-5-412 - Schools required to have principal

Each school having nine (9) or more teachers shall have at least one (1) full-time supervising principal.
Acts 1986, ch. 696, § 1; 1988, ch. 465, § 1.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 5 - PERSONNEL (§§ 49-5-101 — 49-5-5704) › Part 4 - EMPLOYMENT AND ASSIGNMENT OF PERSONNEL (§§ 49-5-401 — 49-5-419) › Section 49-5-414 - Emergency first-aid personnel - Employee volunteers - Training

Every public elementary and secondary school in this state is encouraged to have in its employ, or as a volunteer, at least one (1), preferably more, persons who are currently certified by the American Red Cross or another qualified certifying agency approved by the department of education, as qualified to administer emergency first aid and cardiopulmonary resuscitation (CPR). The local board of education is authorized to allocate up to six and one-half (61/2) hours a year of in-service days established pursuant to §
49-6-3004
to conduct training programs for teachers and other personnel who have expressed an interest in becoming qualified to administer emergency first aid and CPR.
Acts 1995, ch. 360, § 1; 2004, ch. 886, § 2.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 5 - PERSONNEL (§§ 49-5-101 — 49-5-5704) › Part 4 - EMPLOYMENT AND ASSIGNMENT OF PERSONNEL (§§ 49-5-401 — 49-5-419) › Section 49-5-415 - Subpoena power of state board of education

The chair of the state board of education or the chair's designee may issue subpoenas for the appearance of persons or the production of items, including, but not limited to, documents, videos, and audio recordings, that the chair or the chair's designee considers material or relevant to an investigation being conducted by the state board, within or outside of this state, pursuant to the state board's authority to revoke, suspend, refuse to issue, or renew a license or formally reprimand a licensed educator.
Amended by 2014 Tenn. Acts, ch. 614,Secs.s2, s3, s4, s5 eff. 1/1/2015.
Amended by 2014 Tenn. Acts, ch. 614,s 1, eff. 1/1/2015.
Amended by 2013 Tenn. Acts, ch. 294,s 1, eff. 4/29/2013.
Acts 1996, ch. 979, §§ 1, 2; 2002, ch. 808, § 1; 2004, ch. 493, § 1; 2004, ch. 734, § 1; 2005, ch. 219, § 1; 2006, ch. 542, § 1; 2006, ch. 933, §§ 2, 3; 2008, ch. 1054, § 1.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 5 - PERSONNEL (§§ 49-5-101 — 49-5-5704) › Part 4 - EMPLOYMENT AND ASSIGNMENT OF PERSONNEL (§§ 49-5-401 — 49-5-419) › Section 49-5-416 - Agricultural education programs on twelve-month basis

(a)
Any person employed in a public high school as an agriculture education teacher may be employed on a twelve-month contract, or as recommended by the local agricultural education craft advisory committee. These contracts shall be subject to approval by the local board of education.
(b)
All high school agricultural education programs that were twelve-month programs for the 1992-1993 fiscal year, or any fiscal year thereafter, shall be maintained as twelve-month programs by the local board of education, so long as a quality agricultural education program, as determined by criteria established by the career and technical education division, agriculture education program, of the department of education, is maintained.
Amended by 2015 Tenn. Acts, ch. 55,s 5, eff. 4/6/2015.
Acts 1998, ch. 925, § 1; 2005, ch. 143, § 1.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 5 - PERSONNEL (§§ 49-5-101 — 49-5-5704) › Part 4 - EMPLOYMENT AND ASSIGNMENT OF PERSONNEL (§§ 49-5-401 — 49-5-419) › Section 49-5-418 - Grant of release-time to professional employees to hold office as a representative of a local professional employees' organization

(a)
An LEA may grant release-time to a professional employee to hold office as a representative of a local professional employees' organization as defined in §
49-5-602
. Release-time may be granted if the local board approves the request or if release-time is agreed to as part of a memorandum of understanding under the Professional Educators Collaborative Conferencing Act of 2011, compiled in part 6 of this chapter. Release-time may be granted for a portion of the year or for an entire year. If the release is granted for an entire year, the release-time shall be granted from a date certain to a date certain.
(b)
If an LEA grants release-time, the professional employees' organization shall:
(1)
Reimburse the LEA the full per diem salary of the professional employees' organization representative for each day of service the employee is released from duty, or the LEA shall deduct the day from the employee's accumulated personal leave, if the release is granted for less than the entire school year; or
(2)
Reimburse the LEA the full cost of the employee's salary and benefits, if the release is granted for an entire school year.
(c)
If release-time is granted to a professional employee for more than ninety (90) days, the LEA shall maintain the employee's position without advancement on the salary scale.
(d)
An LEA may allow a teacher representative of a professional employees' organization whose presence has been requested by another teacher participating in a grievance procedural meeting or a disciplinary or employment rights meeting to attend the meeting. The teacher representative's attendance shall be considered as engaging in school duties.
(e)
This section does not apply if an agreement is made between a professional employees' organization and the LEA granting release-time of less than one (1) full day per week to perform organizational duties.
Amended by 2019 Tenn. Acts, ch. 248, s 47, eff. 5/2/2019.
Added by 2013 Tenn. Acts, ch. 383, s 1, eff. 7/1/2013.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 5 - PERSONNEL (§§ 49-5-101 — 49-5-5704) › Part 4 - EMPLOYMENT AND ASSIGNMENT OF PERSONNEL (§§ 49-5-401 — 49-5-419) › Section 49-5-419 - Assessment of costs

(a)
When a final order is issued following a contested case hearing in which a teacher or administrator is issued a formal reprimand or the teacher's or administrator's license is denied, nonrenewed, suspended, or revoked based on the teacher's or administrator's misconduct, the state board of education may assess costs directly related to the hearing against the teacher or administrator.
(b)
The state board must determine the appropriate amount of any costs to be assessed against a teacher or administrator pursuant to this section, and any costs assessed must be reasonable.
(c)
The state board shall promulgate rules to govern the assessment of costs against a teacher or administrator under this section pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 2.
Acts 2020, ch. 734, § 1.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 5 - PERSONNEL (§§ 49-5-101 — 49-5-5704) › Part 5 - TEACHERS' TENURE (§§ 49-5-501 — 49-5-515) › Section 49-5-502 - Construction with other statutes

(a)
The teachers' continuing contract law, compiled in §
49-5-409
, shall not be construed to be affected by this part, except that the continuing contract law shall not apply to teachers who have acquired tenure under this part.
(b)
(1)
This part shall not affect the operation of local or private tenure acts in operation on March 1, 1951, applying to counties, municipalities or special school districts.
(2)
This part shall not be operative in any such county, municipality or special school district so long as the local or private act remains in effect.
(3)
This part shall become operative in any system where there is, on March 1, 1951, a local tenure law in effect, if and when the local law becomes inoperative.
Acts 1951, ch. 76, §§ 14, 18 (Williams, §§ 2345.14, 2345.18); modified; T.C.A. (orig. ed.), §§ 49-1418, 49-1419; Acts 2011 , ch. 70, § 6.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 5 - PERSONNEL (§§ 49-5-101 — 49-5-5704) › Part 5 - TEACHERS' TENURE (§§ 49-5-501 — 49-5-515) › Section 49-5-503 - Tenure

Any teacher who meets all of the following requirements is eligible for "tenure":
(1)
Has a degree from an approved four-year college or any career and technical teacher who has the equivalent amount of training established and licensed by the state board of education;
(2)
Holds a valid teacher license, issued by the state board of education, based on training covering the subjects or grades taught;
(3)
Has completed a probationary period of five (5) school years or not less than forty-five (45) months within the last seven-year period, the last two (2) years being employed in a regular teaching position rather than an interim teaching position;
(4)
Has received evaluations demonstrating a level of overall effectiveness of "above expectations" or "significantly above expectations" as provided in the evaluation guidelines and rules adopted by the state board of education pursuant to §
49-1-302
, during the last two (2) years of the probationary period; provided, however, that a teacher who has met all other requirements for tenure eligibility but has not acquired an official evaluation score during the last one (1) or two (2) years of the probationary period due to an approved extended leave; transfer to another school or position within the school district; unavailable data due to the cancellation of Tennessee comprehensive assessment program (TCAP) tests as a result of the COVID-19 pandemic; or invalidated data due to a successful local level evaluation grievance pursuant to §
49-1-302(d)(2)(A)
may utilize the most recent two (2) years of available evaluation scores achieved during the probationary period to meet this subdivision (4); and
(5)
Is reemployed by the director of schools for service after the probationary period.
Amended by 2021EX1 Tenn. Acts, ch. 2, s 13, eff. 2/3/2021.
Amended by 2015 Tenn. Acts, ch. 158, s 6, eff. 4/16/2015.
Acts 1951, ch. 76, § 3 (Williams, § 2345.3); modified; Acts 1971, ch. 22, §§ 1, 2; 1977, ch. 33, § 1; T.C.A. (orig. ed.), § 49-1402; Acts 1987, ch. 308, § 25; 2011 , ch. 70, § 7.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 5 - PERSONNEL (§§ 49-5-101 — 49-5-5704) › Part 5 - TEACHERS' TENURE (§§ 49-5-501 — 49-5-515) › Section 49-5-506 - Local standards may apply

The local board of education has the authority to set standards of employment or to maintain educational requirements of the personnel in service over and above those required by the state board of education whenever the board is in position to support the superior program; provided, that the requirements are general in their application.
Amended by 2022 Tenn. Acts, ch. 686, s 7, eff. 3/28/2022.
Acts 1951, ch. 76, § 13 (Williams, § 2345.13); Acts 1961, ch. 226, § 1; 1963, ch. 236, § 1; T.C.A. (orig. ed.), § 49-1405.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 5 - PERSONNEL (§§ 49-5-101 — 49-5-5704) › Part 5 - TEACHERS' TENURE (§§ 49-5-501 — 49-5-515) › Section 49-5-508 - Breach of contract - Effect on tenure

(a)
A teacher shall give the director of schools notice of resignation at least thirty (30) days in advance of the effective date of the resignation. A teacher who fails to give such notice, in the absence of justifiable mitigating circumstances, shall forfeit all tenure status under this part; provided, that the board may waive the thirty (30) days' notice requirement and permit a teacher to resign in good standing.
(b)
Any teacher who breaks a contract with a board of education without a justifiable reason as listed in subsection (c) shall not be given permanent tenure status in any other school system in this state, until such teacher has met all of the requirements in such system for attaining permanent status plus the serving of five (5) continuous years in lieu of the three (3) continuous years required in §
49-5-503
; provided, that the local board of education against which the teacher has broken a contract informs the commissioner of education of the breach of contract and requests the commissioner to so notify all local boards of education in this state. The local board of education may later inform the commissioner that it is no longer holding the breach of contract against the teacher, in which event the local board of education shall request the commissioner to so notify all local boards of education in this state. If and when the local board of education informs the commissioner that it is no longer holding the breach of contract against the teacher, the penalty in this subsection (b) against the teacher shall immediately become ineffective, null and void.
(c)
The conditions under which it is permissible to break a contract with a local board of education are as follows:
(1)
The incapacity on the part of the teacher to perform the contract as evidenced by the certified statement of a physician approved by the local board of education;
(2)
The drafting of the teacher into military service by a selective service board; or
(3)
The release by the local board of education of the teacher from the contract that the teacher has entered into with the local board of education.
Acts 1951, ch. 76, § 9 (Williams, § 2345.9); Acts 1961, ch. 226, § 3; 1974, ch. 654, § 78; T.C.A. (orig. ed.), § 49-1408.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 5 - PERSONNEL (§§ 49-5-101 — 49-5-5704) › Part 5 - TEACHERS' TENURE (§§ 49-5-501 — 49-5-515) › Section 49-5-509 - Teacher transferred to another system

(a)
If a teacher transfers from one LEA in this state to another LEA, the LEA from which the teacher transfers shall send to the LEA to which the teacher transfers the results of the teacher's last five (5) evaluations or the results of all evaluations, if fewer than five (5) are available.
(b)
A transferring teacher who is tenured or a transferring teacher who is nontenured and has five (5) or more years of prior service shall serve the regular probationary period in the new LEA, unless the local board of education, upon the recommendation of the director of schools, waives the probationary period requirement and grants tenure status or shortens the probationary period.
(c)
If a nontenured teacher who does not have five (5) years of prior service transfers to an LEA, then tenure shall not be granted until the teacher has served at least five (5) years when service in both LEAs is counted.
(d)
All tenure decisions made under this section are subject to the requirements of §
49-5-504
concerning overall performance effectiveness levels.
Acts 1951, ch. 76, § 11 (Williams, § 2345.11); T.C.A. (orig. ed.), § 49-1409; Acts 2012, ch. 614, § 1.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 5 - PERSONNEL (§§ 49-5-101 — 49-5-5704) › Part 5 - TEACHERS' TENURE (§§ 49-5-501 — 49-5-515) › Section 49-5-510 - Transfers within system

The director of schools, when necessary to the efficient operation of the school system, may transfer a teacher from one location to another within the school system, or from one type of work to another for which the teacher is qualified and licensed; provided, that transfers shall be acted upon in accordance with board policy.
Acts 1951, ch. 76, § 10 (Williams, § 2345.10); Acts 1957, ch. 202, § 1; 1965, ch. 196, § 1; 1969, ch. 286, § 1; 1970, ch. 480, § 1; T.C.A. (orig. ed.), § 49-1411; Acts 1987, ch. 308, § 27; 1992, ch. 535, § 15; 1998, ch. 826, § 2; 2011, ch. 378, § 2.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 5 - PERSONNEL (§§ 49-5-101 — 49-5-5704) › Part 5 - TEACHERS' TENURE (§§ 49-5-501 — 49-5-515) › Section 49-5-514 - Merger of local with state tenure system

(a)
(1)
Should it be desired to incorporate any local teacher tenure system into the state system, the board having jurisdiction over the teachers under the local system shall publish in some newspaper of general circulation in the town or county in which the local tenure system is located a notice of its intent to apply for admission to the state teacher tenure system, and, in the notice, shall fix the date for a hearing thereon, which date shall not be less than ten (10) days after the first publication of the notice.
(2)
Upon the day fixed by the notice for the hearing, which hearing may be adjourned from time to time if deemed necessary, the board shall hear interested parties who shall have the right to appear in person or by counsel upon the advisability of the entry or merger into the state system.
(3)
After the local board of education concludes its hearing, the board shall conduct a referendum of the teachers within the local teacher tenure system, and if a majority of the teachers vote in favor of merging with the state system, then the board shall request the merger and shall forward a certified copy of the result of the referendum to the commissioner of education for consideration.
(4)
If the commissioner approves the merger, then the commissioner shall give proper notice of the merger and, at the end of ten (10) days from the giving of the public notice of acceptance, the local tenure system shall be merged with and become a part of the state teacher tenure system, and the members of the local tenure system shall thereupon be entitled to all the benefits of the state tenure system to the same extent as though they had been members of the state tenure system from its inception.
(b)
As used in this section:
(1)
"Board" means any county board of education in a county operating under a local teacher tenure act or any municipal board of education in a city operating under such act; and
(2)
"Local teacher tenure systems" means any teacher tenure system applicable only to a county or to a city or town and authorized by special act of the general assembly.
Acts 1953, ch. 263, §§ 1, 2 (Williams, § 2345.19); Acts 1957, ch. 179, § 1; T.C.A. (orig. ed.), § 49-1420.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 5 - PERSONNEL (§§ 49-5-101 — 49-5-5704) › Part 5 - TEACHERS' TENURE (§§ 49-5-501 — 49-5-515) › Section 49-5-515 - Establishment of system for teachers not previously covered

(a)
The state board of education is authorized and directed to establish a system of tenure for teachers in schools and institutions under its jurisdiction.
(b)
The board shall promulgate and publish reasonable rules and regulations for the establishment of a tenure system for such teachers, and has the power to promulgate and publish the rules and regulations as are deemed reasonably necessary for the establishment of the tenure system, which shall include, but not be limited to, standards and requirements concerning:
(1)
The minimum qualifications of teachers eligible for tenure;
(2)
The types of tenure;
(3)
Leaves of absence;
(4)
Time of termination of tenure;
(5)
Transfers within the system;
(6)
Credit for time served in other school systems within the state;
(7)
Grounds and procedures concerning suspensions and dismissals;
(8)
Investigations;
(9)
Suspensions pending investigations; and
(10)
Other subjects deemed by the board to be reasonably related to teacher's tenure.
(c)
The rules and regulations shall be adopted by a formal resolution by a majority of the membership, and the resolution shall be signed by a majority of the members of the state board of education as certified by the chair and attested by the executive secretary of the board, and otherwise they shall be approved and filed in the manner required by the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(d)
After giving written notice of charges against any teacher, the board shall hold a hearing in the same manner and shall have the same powers as provided in §
49-5-512
; provided, that where §
49-5-512
refers to the director of schools, for the purpose of this part, reference shall be made to the chair of the state board of education.
(e)
A teacher shall be entitled to a judicial review of the action of the board for the same purposes and in the same manner provided by §
49-5-513
.
(f)
As used in this section, "teacher" means any person employed by the state board of education in a full-time position as an administrative officer or teacher in a school or other educational institution except a college or university; provided, that "teacher," does not apply to the principal or chief administrative officer of the school or institution.
(g)
No teacher under this section shall be guaranteed continuity of employment in a particular assignment or position.
Acts 1967, ch. 210, §§ 1-3; T.C.A., §§ 49-1423 -- 49-1425.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 5 - PERSONNEL (§§ 49-5-101 — 49-5-5704) › Part 6 - PROFESSIONAL EDUCATORS COLLABORATIVE CONFERENCING ACT OF 2011 (§§ 49-5-601 — 49-5-609) › Section 49-5-603 - Rights of professional employees

Professional employees have the right to self-organization, to form, join or be assisted by organizations, to participate in collaborative conferencing with local boards of education through representatives of their own choosing and to engage in other concerted activities for the purpose of other mutual aid and benefit; provided, that professional employees also have the right to refrain from any or all such activities.
Acts 1978, ch. 570, § 7; T.C.A., § 49-5506.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 5 - PERSONNEL (§§ 49-5-101 — 49-5-5704) › Part 6 - PROFESSIONAL EDUCATORS COLLABORATIVE CONFERENCING ACT OF 2011 (§§ 49-5-601 — 49-5-609) › Section 49-5-604 - Rights preserved

(a)
Those rights and responsibilities of boards of education, directors of schools and professional employees as contained in this title are not statutorily modified or repealed by this part.
(b)
This part shall not operate so as to annul or modify any recognition heretofore entered into between a board of education and a professional employees' organization until the termination of an existing agreement between a local board of education and a professional employees' organization. Upon the termination of any existing agreement, subsequent professional employee relationships between the respective board of education and its professional employees shall be governed by this part.
Acts 2011, ch. 378, § 1.
2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 5 - PERSONNEL (§§ 49-5-101 — 49-5-5704) › Part 6 - PROFESSIONAL EDUCATORS COLLABORATIVE CONFERENCING ACT OF 2011 (§§ 49-5-601 — 49-5-609) › Section 49-5-607 - Strikes - Remedies

(a)
(1)
If a strike occurs, the board of education may apply to the chancery court in the county to enjoin the strike. The application shall set forth the facts constituting the strike.
(2)
If the court finds, after a hearing, that a strike has occurred, the court shall enjoin the employees from participating in the strike.
(b)
When local boards of education have determined which employees have engaged in or participated in a strike, the employees may be subject to dismissal and, further, shall forfeit their claim to tenure status, if they have attained tenure, and shall revert to probationary status for the next five-year period. Any professional employee who engaged in, or participated in, a strike and who is not a tenured teacher may also be subject to dismissal.
(c)
No penalty, forfeiture of rights or privileges or other sanction or fine imposed on a professional employees' organization, its officers or members, as the result of a strike, shall be subject to collaborative conferencing by the organization and a board at any time.
Acts 1978, ch. 570, § 10; T.C.A., § 49-5509.