Tennessee

T.C.A. § 49-2-201

TENNESSEE CODE ANNOTATED

TITLE 49 EDUCATION

CHAPTER 2 LOCAL ADMINISTRATION

Part 2-- Boards of Education

§ 49-2-201 Election or appointment.

(a)(1) Notwithstanding any other law to the contrary, there shall be a board of education elected by the people. Except in counties with a county charter or metropolitan government charter, the board shall consist of no more members than the number of members authorized by general law or private act for boards of education in existence on January 1, 1992, or the number of members actually serving on a board on January 1, 1993, except during transition periods following district reapportionment. In any county having a population of not less than fourteen thousand six hundred fifty (14,650) and not more than fifteen thousand (15,000) according to the 1990 federal census or any subsequent census, the board shall consist of no more members than the members authorized by general law or private act for boards of education in existence on January 1, 1994. In addition, the general assembly may authorize by private act any number of school board members which is not less than three (3) nor more than nine (9). The members of the board shall be elected for a term of four (4) years, and may succeed themselves. For the first election held pursuant to this section, in order to establish staggered terms of office, the members from even-numbered districts shall be elected for a term of two (2) years, and the members of odd-numbered districts shall be elected for four (4) years. Members of county boards of education shall be residents of and elected from districts of substantially equal population established by resolution of the local legislative body. Members of special school district boards of education shall be elected according to special or private act, but shall be popularly elected on a staggered term basis. Vacancies occurring on the board shall be filled by the local legislative body. In special school districts, vacancies on the board arising from death or resignation shall be filled by the special school district school board. Any person so appointed shall serve until a successor is elected and qualifies according to law. The successor shall be elected at the next general election for which candidates have a sufficient time to qualify under the law. All elections for school board members shall be conducted on a nonpartisan basis, and no person seeking a position on a board shall campaign as the nominee or representative of any political party.

(2) Notwithstanding the four-year term set out in this section for school boards, any special school district with a different term established by private act shall retain the existing board term.

(3) To implement the provisions of subdivision (a)(1), the general assembly by private act, or the local legislative body by resolution, may adopt a plan to accomplish a transition from a method of selecting school board members authorized under prior law to an elected school board which is in compliance with subdivision (a)(1). Nothing in this section shall be construed to require simultaneous election of board members, nor to prevent board members selected under prior law or during a transition period from serving the full term for which they were selected. As part of the implementation process under subdivision (a)(1), the local legislative body may renumber existing school districts. During the transition period, the number of school board members may exceed the number authorized under subdivision (a)(1). A transition plan may not be validly enacted or adopted under this section after September 1, 1996.

(4) A private act enacted by the general assembly or a resolution adopted by a local legislative body prior to March 27, 1995, which established a transition plan as described in subdivision (a)(3), is declared to be in full compliance with the laws of this state. Any and all otherwise valid actions taken by a school board composed of members selected pursuant to such private acts or resolutions are hereby ratified and confirmed.

(b)(1) Notwithstanding the provisions of subsection (a), in those school systems operated by a county where the board of education for such system is not currently elected by the people, the legislative body may, by a two-thirds (2/3) vote, taken within one (1) year of elections subsequent to the 1993 election and within one (1) year of subsequent elections, elect to retain the current method of appointing or electing the board of education for such school system.

(2) An election made pursuant to subdivision (b)(1) shall only be valid for one (1) term of office or four (4) years, whichever is less. If the legislative body wishes to retain its current method of appointing or electing the school board in a manner other than as provided in subsection (a) for additional terms of office or four-year periods, it must elect to do so by a two-thirds (2/3) vote at least one (1) year prior to the commencement of each such term or four- year period.

(3) The provisions of subdivisions (b)(1) and (2) shall be operable only until September 1, 1996. After September 1, 1996, unless extended by the general assembly, all county boards of education shall be elected pursuant to this section.

(4) Any board that is appointed under this subsection and whose schools fail to meet the performance standards established in chapter 1, part 2, of this title shall not thereafter be appointed pursuant to this subsection but shall be elected as provided in subsection (a).

(c) Only persons who are residents of the area served by a local education agency are eligible to serve on the school board in counties with populations of seven hundred thousand (700,000) or more according to the 1990 federal census or any subsequent federal census.

(d)(1) Except as provided in subdivision (d)(2), members of municipal boards of education may be elected in the same manner, either from districts or at large, or a combination of both, used to elect members of the municipality's governing body, except that municipal school districts whose current board members have been elected from districts as of June 6, 1995, shall continue that method of election.

(2) The provisions of subdivision (d)(1) do not apply in counties having a population of not less than five hundred thousand (500,000) nor more than five

hundred fifty thousand (550,000) or in counties having a population of not less than eight hundred twenty-five thousand (825,000) nor more than eight hundred thirty thousand (830,000), according to the 1990 federal census or any subsequent federal census.

T.C.A. § 49-2-202

§ 49-2-202 Members and meetings.

(a)(1) Members of the board shall be residents and voters of the county in which they are elected and shall be citizens of recognized integrity, intelligence and ability to administer the duties of the office.

(2) No member of the county legislative body nor any other county official shall be eligible for election as a member of the county board of education.

(3) No person shall be eligible to serve on the board unless such person is a bona fide resident of the county and has a practical education; provided, that beginning on October 1, 1990, except in counties having a population of: Not less than Not more than

------------- -------------

14,940 15,000

49,400 49,500

74,500 74,600

according to the 1980 federal census or any subsequent federal census, no person shall qualify as a candidate for a position on a county board of education until such person has filed with the county election commission proof of that candidate's graduation from high school or received a G.E.D., evidenced by a diploma or other documentation satisfactory to the commission. Any person serving on a school board as of October 1, 1990, shall be allowed to continue to serve and to seek reelection or reappointment to one (1) additional term even though such person may not have graduated from high school or received a G.E.D.

(4) If any member ceases to reside in the county, the office of such member shall become vacant.

(5) All board members shall be properly trained during their service on the board of education. The minimum requirements for this training shall be established by the state board of education and shall include an annual session for all board members. The commissioner of education may remove from office any local board member who fails to attend the annual training as prescribed by the state board of education.

(b) All members of the local board of education shall take oath to discharge faithfully the duties of the office.

(1) Hold regular meetings at least quarterly for the purpose of transacting public school business; provided, that the chair may call special meetings whenever in the chair's judgment the interest of the public schools requires it, or when requested to do so by a majority of the board. The chair or the chair's designee shall give reasonable notice of the time and location of all meetings to the president of the local education association or the president's designee; and

(2) Elect one (1) of its members as chair annually.

(d) The compensation of members of the county board shall be fixed by the county legislative body for their services when attending regular and special meetings and discharging the duties imposed by this title; provided, that the county trustee shall pay no voucher issued to members unless the same shall have been approved by the county executive; and provided further, that no member of any board shall receive less than four dollars ($4.00) per day for such member's services.

(e)(1) When a vacancy occurs, the unexpired term shall be filled at the next regular meeting of the county legislative body or at a special meeting of the county legislative body.

(2) Vacancies shall be declared to exist, on account of death, resignation or removal from the county.

(f) Notwithstanding any provision of law to the contrary, the board of education for each local education agency which operates one (1) or more high schools may annually select, prior to commencement of the new school year, not less than four (4) high school students to serve as advisory, non-voting members of the board. One half (1/2) of the students so selected shall be enrolled in the college preparatory track and one half (1/2) of the students so selected shall be enrolled in the technology track. Such students shall serve without compensation but may, at the discretion of the board, be reimbursed for reasonable and necessary expenses incurred while engaged in board business.

T.C.A. § 5-1-104

TENNESSEE CODE ANNOTATED

TITLE 5 COUNTIES

CHAPTER 1 GENERAL PROVISIONS

Part 1-- Counties Generally

§ 5-1-104 County officers -- Filling vacancies.

(a) Each organized county shall have, in addition to the judicial officers elected by the qualified voters or by the county legislative body, such other officers as are authorized by law to manage county business.

(b)(1) Vacancies in county offices required by the Constitution of Tennessee or by any statutory provision to be filled by the people shall be filled by the county legislative body, and any person so appointed shall serve until a successor is elected at the next general election, as defined in S> 2-1-104, in the county and is qualified; provided, that the candidates have sufficient time to qualify for the office, as provided for in S> 2-14-106.

(2) If the vacancy occurs after the time for filing nominating petitions for the party primary election and more than forty-five (45) days before the party primary election, then nominees of political parties shall be selected in such primary election and a successor elected in the August general election. If the vacancy occurs less than forty-five (45) days before the party primary election but forty-five (45) days or more before the August election, then nominees of political parties shall be selected by party convention and a successor elected in the August election. If the vacancy occurs less than forty-five (45) days before the August election but forty-five (45) days or more before the November election, then nominees of political parties shall be selected by party convention and a successor elected in the November election.

(3) Independent candidates and candidates nominated by any political party for such vacancies shall qualify by filing all nominating petitions no later than twelve o'clock (12:00) noon, prevailing time on the fortieth day before such election.

(c) Notwithstanding any provision of law or any provision of any charter of a metropolitan government to the contrary, whenever an election is held to fill a vacancy in a county office which is elected from districts, including, but not limited to county school board members, county legislative body members, county highway commissions, and constables, the county legislative body may provide by resolution duly certified to the county election commission that persons qualifying as candidates shall be elected from the most recently adopted reapportionment plan in the county. If the county legislative body requires the election to be held using districts as adopted in the most recently adopted reapportionment plan in the county, the county legislative body shall specify to the county election commission which district shall be used to fill the vacancy by election. In the absence of a resolution requiring the latest reapportionment plan be used and specifying which district shall be used for the election, the election shall be held using the district as constituted for the election of the vacated incumbent.