Tennessee § 49-5-203 - Change in school organization — Teacher's rights preserved.

§ 49-5-203. Change in school organization — Teacher's rights preserved.

The change in the governmental structure of a school system or institution through the process of annexation, unification, consolidation, abolition, reorganization, transfer of the control and operation of a school system or institution to a different type governmental structure, organization or administration, or creation of a city school system shall not impair, interrupt or diminish the rights and privileges of a then existing teacher; and such rights and privileges shall continue without impairment, interruption or diminution. If the teacher becomes the employee of another school system or institution as a result of a change in the governmental structure, then the rights and privileges of the teacher shall continue without impairment, interruption or diminution as obligations of the new government, organization or administration. “Rights and privileges,” as used in this section, includes, but is not limited to, salary, pension or retirement benefits, sick leave accumulation, tenure status and contract rights, whether granted by statute, private act or governmental charter. Prior to the change in any governmental structure or organization becoming effective, the commissioner of education shall determine that the rights and privileges protected by this section are not impaired, interrupted or diminished. In addition to the remedies available to a teacher aggrieved by a change in the governmental structure, organization or administration of a school system or institution, the commissioner is authorized to withhold state funds in the enforcement of this section. Acts 1971, ch. 254, § 1; T.C.A., § 49-1316; Acts 2013, ch. 256, § 4. Compiler's Notes. For the Preamble to the act concerning abolishing the prohibition against the establishment of new municipal school systems, please refer to Acts 2013, ch. 256. Textbooks. Tennessee Jurisprudence, 22 Tenn. Juris., Schools, § 15. Attorney General Opinions. Employment rights of employees of abolished city school system, OAG 96-037, 1996 Tenn. AG LEXIS 44 (3/12/96).