Tennessee § 49-5-513 - Judicial review.

§ 49-5-513. Judicial review.

A tenured teacher who is dismissed or suspended by action of the board pursuant to § 49-5-512(c)(3), or suspended by action of the director pursuant to § 49-5-512(d)(4), may petition for a writ of certiorari from the chancery court of the county where the teacher is employed. The petition shall be filed within thirty (30) days from the receipt by the teacher of notice of the decision of the board. The petition shall state briefly the issues involved in the cause, the substance of the order of the board, or the respects in which the petitioner claims the order of the board is erroneous, and praying for an accordant review. The petition shall be addressed to the presiding chancellor and shall name as defendants the members of the board and such other parties of record, if such, as were involved in the hearing before the board. The petitioner shall give bond for costs as in other chancery suits or oaths of paupers in lieu. Upon the filing of the petition, the clerk and master shall immediately send, by registered return receipt mail, to the chair of the board, a notice of the filing of the petition and a certified copy of the petition. The clerk shall also send a similar notice to the last known post office address of each other party named as defendant. In lieu of notice by registered mail, subpoena to answer may be served personally on each defendant, as in other chancery cases. The filing of the petition shall suspend the order of the board pending a decision by the chancellor, but the teacher shall not be permitted to return to teaching pending final disposition of the appeal. All defendants named in the petition desiring to make defense shall do so by answer, in which grounds of demurrer shall be incorporated, to the petition within thirty (30) days from the date of the filing of the petition, unless the time be extended by the court. Any other person who may be affected by the decision to be made by the court may, upon proper leave given, intervene and file an answer in the cause. Amendments may be granted as in other chancery procedures. The cause shall stand for trial and shall be heard and determined at the earliest practical date, as one having precedence over other litigation, except suits involving state, county or municipal revenue. The review of the court shall be limited to the written record of the hearing before the board and any evidence or exhibits submitted at the hearing. Additional evidence or testimony shall not be admitted except as to establish arbitrary or capricious action or violation of statutory or constitutional rights by the board. The chancellor shall reduce the chancellor's findings of fact and conclusions of law to writing and make them parts of the record. Any party dissatisfied with the decree of the court may appeal as provided by the Tennessee rules of appellate procedure, where the cause shall be heard on the transcript of the record from the chancery court. Acts 1951, ch. 76, § 17 (Williams, § 2345.17); Acts 1981, ch. 449, § 2; T.C.A. (orig. ed.), § 49-1417; Acts 1992, ch. 535, § 83; 1992, ch. 952, § 6; 2012, ch. 801, § 3. Compiler's Notes. This section may be affected by T.R.A.P. 3(d) and 6. Acts 1992, ch. 952, § 15 provided that the amendments by that act apply to all matters as to which a notice of appeal is filed from and after May 1, 1992. Acts 2012, ch. 801, § 4 provided that the act, which amended subsection (a), shall not operate so as to annul or modify any recognition entered into before April 23, 2012, between a board of education and a professional employees' organization until the termination of such agreement. To the extent that the act is in conflict with an agreement entered into before April 23, 2012, between a board of education and a professional employees' organization, the agreement shall control suspensions for three (3) days or less of tenured teachers in the LEA. Upon the termination of such existing agreement or if no conflict exists between the act and such existing agreement, the act shall control suspensions for three (3) days or less of tenured teachers in the LEA. Cross-References. Certified mail in lieu of registered mail, § 1-3-111 . Textbooks. Tennessee Jurisprudence, 20 Tenn. Juris., Notice, § 4; 22 Tenn. Juris., Schools, §§ 15, 19. Law Reviews. Judicial Review under the Tennessee Uniform Administrative Procedures Act — An Update (Ben H. Cantrell), 13 Mem. St. U.L. Rev. 589 (1984).