Tennessee § 49-2-1201 - Planning commission.

§ 49-2-1201. Planning commission.

In all counties of this state wherein separate school systems are maintained by the county and by one (1) or more incorporated municipalities or one (1) or more special school districts, there may be created and established a unification educational planning commission, sometimes called the “planning commission” in this part. It is the duty of the planning commission to study and consider the need for and problems in conjunction with the consolidation of all public schools within the county into a unified school system, and to make and file a written report as provided in this section. If the report recommends consolidation, it may be accompanied by a proposed plan of consolidation, as provided in this section. The county mayor, the mayor of each municipality operating a school system and the chair of the board of education of each special school district may each appoint five (5) competent citizens as members of the planning commission. The names of all appointees, other than those made by the county mayor, shall be certified to the county mayor by the appointing authority. The county mayor shall furnish the commissioner of education with a certified list of all members of the planning commission promptly after all appointments have been made; or, if the appointments are incomplete, the county mayor shall furnish to the commissioner, within one (1) year from the date on which the first member of the planning commission was appointed, a certified list of all members who have been appointed to the planning commission. The certified list, whether complete or incomplete, together with the appointing officials, who shall be ex officio voting members, shall constitute the planning commission, subject to the right of the appointing authority thereafter to fill any vacancies not originally filled or that may subsequently occur. Within thirty (30) days after the planning commission has been constituted, its members shall hold an organizational meeting at a time and place fixed by the county mayor, with notice of the organizational meeting to all members. The planning commission shall elect a chair, a secretary and other officers as it deems necessary. Future meetings of the planning commission shall be held at times and places it may determine, with special or additional meetings to be held upon call of its chair. Members of the planning commission shall not receive per diem or other compensation for their services but shall be reimbursed for necessary expenses incurred by them. The expenses and other necessary expenses of the planning commission shall be paid from funds appropriated for those expenses by the county, together with other funds made available by municipalities and school districts. The planning commission shall make or cause to be made a complete and comprehensive study of the needs for, issues in and problems of consolidation of the various school systems operating within the boundaries of the county. The study shall be completed and a written report made and filed with the commissioner within one (1) year after the first meeting of the commission, except as otherwise provided in this section. Where any study of consolidating school systems in a particular county has been made within five (5) years prior to the organizational meeting of a planning commission, and the planning commission determines that the study is sufficiently complete and comprehensive, the study may, in the discretion of the planning commission, be used as the study contemplated in this subdivision (e), as part of its written report and as the basis for its plan for consolidation, if any, as provided for in this part. The planning commission shall be authorized, but not required, to prepare a plan for the consolidation of such school systems. The plan as agreed upon by a majority of the planning commission, or a report on its studies and findings, if no plan is prepared, shall be submitted to the department of education for appraisal. Recommendations that the department, through its commissioner, sees fit to make shall be received and considered by the planning commission and the plan of consolidation, if any, may be revised in the light of the recommendations. In the event that the planning commission determines that it cannot complete an adequate study or report, or both, within one (1) year, it may, upon written request addressed to the commissioner, be permitted such additional time, not to exceed one (1) year, as in the commissioner's judgment the circumstances warrant. In the event the planning commission fails or refuses to make its report within the time specified, including any extension of time granted to it, then the planning commission may be terminated and discharged by notice to it from any original appointing authority; and after such notice, a new planning commission may be appointed to proceed with the study and make recommendations accordingly. Before presentation of any proposed plan of consolidation or report to the department, the planning commission shall hold at least one (1) public hearing duly advertised at least one (1) week prior to the hearing in a newspaper of general circulation throughout the county. At any public hearing so conducted by the planning commission, minutes of the proceedings shall be recorded and preserved and a copy filed with the commissioner. In developing any consolidation plan, the planning commission shall consider and provide for the following: Administrative organization of the proposed consolidated system; A method to ensure no diminution in the level of the educational service in the schools in any of the systems involved; Appropriate means for the transfer of assets and liabilities of municipal and special school district systems; Plans for disposition of existing bonded indebtedness that shall not impair the rights of any bondholder; Plans for preserving the existing pension rights of all teachers and nonteaching personnel in the respective systems; Plans for preserving the existing tenure rights, sick leave rights and salary schedule rights of all teachers and nonteaching personnel in the respective systems; Appropriate plans for contributions by municipalities or special school districts to the county for the operation of a unified system of schools during the period of transition following unification, which period shall not exceed three (3) years; Appropriate plans for reapportionment after each federal decennial census of districts for election of members of the school board; and Any other matters deemed by the planning commission to be pertinent. Acts 1963, ch. 246, §§ 1-5; 1965, ch. 73, § 1; T.C.A., §§ 49-415 — 49-419; Acts 2003, ch. 90, § 2. Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all the changes in supplements and replacement volumes for the Tennessee Code Annotated. Law Reviews. Symposium — Memphis in the Law: A Memphis Dilemma: A Half-Century of Public Education Reform in Memphis and Shelby County From Desegregation to Consolidation (Daniel Kiel), 41 U. Mem. L. Rev. 787 (2011). Attorney General Opinions. Consolidation of schools in city and county, OAG 97-115, 1997 Tenn. AG LEXIS 147 (8/15/97). This part governs a consolidation of schools in a county, including special school districts created by private act, OAG 03-102, 2003 Tenn. AG LEXIS 120 (8/19/03). The county mayor, the mayor of each municipality operating a school system and the chair of the special school district's board of education appoint the planning commission members, and they may appoint school board members, but the statute does not require it, OAG 03-102, 2003 Tenn. AG LEXIS 120 (8/19/03). A planning commission is required to conduct a study and make a report, but the statutes do not bind the commission to earlier agreements of mayors, OAG 03-102, 2003 Tenn. AG LEXIS 120 (8/19/03). When a county commission votes to approve rural bonds for capital improvement of schools, whether the commission must issue the bonds will depend on the authority under which the commission plans to issue bonds and on the language of the bond resolution, OAG 03-102, 2003 Tenn. AG LEXIS 120 (8/19/03).