Tennessee § 49-5-409 - Teachers — Continuing contract law — Termination of contracts.

§ 49-5-409. Teachers — Continuing contract law — Termination of contracts.

Teachers in service and under control of the public elementary and high schools of this state shall continue in such service until they have received written notice from their board of education or director of schools, as appropriate, of their dismissal or failure of reelection. The notice must be received 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. 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. 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; 2015, ch. 232, § 1. Cross-References. Construction with title 49, ch. 5, part 5 and effect of state tenure law, § 49-5-502 . Preferred employment list for teacher dismissed because of abolishment of position, § 49-5-511 . Teachers' tenure, title 49, ch. 5, part 5. Textbooks. Tennessee Jurisprudence, 22 Tenn. Juris., Schools, §§ 18, 19. Attorney General Opinions. Failure of reelection of nontenured teachers, OAG 97-123, 1997 Tenn. AG LEXIS 156 (9/02/97). The federal No Child Left Behind Act of 2001 does not affect rights of teachers under state law or collective bargaining agreements, OAG 04-004, 2004 Tenn. AG LEXIS 3 (1/12/04).