Tennessee § 49-5-602 - Part definitions.

§ 49-5-602. Part definitions.

As used in this part, unless the context otherwise requires: “Board of education” or “local board of education” has the same meaning as the term is defined in § 49-1-103; “Collaborative conferencing” means the process by which the chair of a board of education and the board's professional employees, or such representatives as either party or parties may designate, meet at reasonable times to confer, consult and discuss and to exchange information, opinions and proposals on matters relating to the terms and conditions of professional employee service, using the principles and techniques of interest-based collaborative problem-solving; “Management personnel” means those professional employees certified by the local board of education to represent the board in the collaborative conferencing process; “Management team” means employees who devote a majority of their time to the system-wide area or areas of professional personnel management, fiscal affairs or general management and shall specifically include principals, assistant principals, supervisors and others whose principal responsibilities are administration rather than teaching; “Memorandum of understanding” means the written document that memorializes and records the understanding reached by the board of education and its professional employees, or their respective representatives, if so designated, as to the terms and conditions of professional services set forth in this part. The memorandum shall be presented in its entirety to the board of education, to all professional employees covered by the memorandum and to the public, upon request; “Person” means one (1) or more individuals, organizations, associations, or their representatives; “Political activity” includes, but is not limited to: Lobbying as defined in § 3-6-301; Making contributions to any entity which engages in any form of political communication, including communications which mention the name of a political candidate; Engaging in or paying for public opinion polling; Engaging in or paying for any form of political communication, including communications which mention the name of a political candidate; Engaging in or paying for any type of political advertising in any medium; Telephone communication for any political purpose; Distributing political literature of any type; or Providing any type of in-kind help or support to or for a political candidate; “Professional employee” means any person employed by any local board of education in a position that requires a license issued by the department of education for service in public elementary and secondary schools of this state, supported, in whole or in part, by local, state or federal funds, but shall not include any member of the management team, as defined in this part, or a retired teacher who is employed as a teacher in accordance with title 8, chapter 36, part 8; “Professional employees' organization” means any organization with membership open to professional employees, as defined in subdivision (8), in which the professional employees participate and that exists for the purpose of promoting the professional status and growth of educators and the welfare of students; “Representative” includes any person, or group of persons, organization or association that is designated and authorized by professional employees or local board of education to act for the professional employees or the local board, respectively, under this part; “Strike” means the failure with others to report for duty, the willful absence from one's position, the stoppage of work or the abstinence in whole or in part from the full, faithful and proper performance of the duties of employment, and without the lawful approval of one's superior; or in any manner interfering with the operation of the public school system, for the purpose of inducing or coercing the recognition of any employee organization or a change in the conditions or compensation or the rights, privileges or obligations of employment; “Supervisor” means any professional employee of a local board of education whose full-time job responsibilities consist of oversight of other professional employees or curriculum development or both; and “Working conditions of professional employees” or “terms and conditions of professional service” means those fundamental matters that affect a professional employee financially or the employee's employment relationship with the board of education and that are specifically designated as such under this part. The term “working conditions” or “terms and conditions of professional service” is intended to be narrowly defined and does not include any matters not specifically designated under this part. Acts 2011, ch. 378, § 1. Compiler's Notes. Acts 2011, ch. 378, § 4 provided that nothing in the act shall be construed to abridge or impair a contract or agreement governing terms and conditions of professional service entered into by a board of education and a recognized professional employees' organization under the Education Professional Negotiations Act before June 1, 2011. Any such contract or agreement shall remain in full force and effect until the expiration of the contract or agreement. Law Reviews. John Forrest Dillon Goes To School: Dillon's Rule In Tennessee Ten Years After Southern Constructors (Elijah Swiney), 79 Tenn. L. Rev. 103 (2011). Attorney General Opinions. Member dues, if deducted under the Professional Educators Collaborative Conferencing Act of 2011 (PECCA) memorandum of understanding, may not be used to engage in or pay for political activity, including political communications, nor may they be used as contributions to an entity that engages in political activity. OAG 16-22, 2016 Tenn. AG LEXIS 19 (6/8/2016).