§ 49-1-301 — Composition - Chair - Meetings

(a) (1) The state board of education shall be composed of nine (9) appointed members, one (1) public high school student member and one (1) ex officio member. One (1) appointed member shall be appointed from, and represent, each congressional district. The member shall reside within the congressional district from which the member is appointed as such district is apportioned at the time of the member's appointment. The position of any member shall become vacant when the member ceases to reside in such district. Appointments from reapportioned congressional districts shall be made as vacancies occur. No incumbent member shall be removed from the incumbent member's seat prior to the expiration of the incumbent member's current term as a result of changes in congressional districts occasioned by reapportionment. The position of any member shall become vacant when the member misses, without cause, more than two (2) consecutive meetings within any twelve-month period. Cause shall be determined by the board. (2) Beginning on July 1, 2022, as members' terms expire, successors shall be appointed for five-year terms. The terms for all members shall begin on April 1. Vacancies shall be filled for the remainder of the unexpired term. Except as provided in subdivision (a)(3)(B)(iv), board members may be reappointed. Each appointing authority shall appoint at least one (1) member from the minority party, as defined in § 2-1-104 . In making appointments to the board, each appointing authority shall strive to ensure that at least one (1) person appointed to serve on the board is sixty (60) years of age or older and that at least one (1) person is a member of a minority race. (3) (A) Beginning on July 1, 2022: (i) The speaker of the senate shall appoint successors to the members representing the third, fourth, and seventh congressional districts as the members' terms expire or are otherwise vacated; (ii) The speaker of the house of representatives shall appoint successors to the members representing the second, sixth, and eighth congressional districts as the members' terms expire or are otherwise vacated; and (iii) The governor shall appoint: (a) Successors to the members representing the first, fifth, and ninth congressional districts as the members' terms expire or are otherwise vacated; and (b) The public high school student member. (B) (i) (a) All members appointed by the governor, except for the public high school student member, must be confirmed by joint resolution of the senate and house of representatives no later than ninety (90) calendar days after the general assembly next convenes in regular session following the appointment. (b) All members appointed by the speaker of the senate must be confirmed by resolution of the senate no later than ninety (90) calendar days after the general assembly next convenes in regular session following the appointment. (c) All members appointed by the speaker of the house of representatives must be confirmed by resolution of the house of representatives no later than ninety (90) calendar days after the general assembly next convenes in regular session following the appointment. (ii) If the appointment is not confirmed as provided in subdivision (a)(3)(B)(i), then the appointment terminates on the day immediately following the rejection of the appointment or on the day immediately following the ninetieth calendar day, whichever is earlier. (iii) If the general assembly is not in session when appointments subject to confirmation are made, then the appointee may begin serving the term for which the appointee was appointed and may continue to serve on the board unless the appointee's appointment is not confirmed during the next regular session of the general assembly in accordance with subdivision (a)(3)(B)(i). (iv) The public high school student member may immediately begin serving the term for which the student was appointed. The student member's appointment terminates at the end of the one-year term for which the student was appointed. If the student is a junior in high school at the time of the student's initial appointment to the board, then the governor may reappoint the student to serve one (1) additional one-year term on the board; provided, that the student is of superlative standing and a senior in a public high school of this state when reappointed. (4) No appointed member of the board shall be an elected official or employee of the federal, state or a local government. Beginning with appointments made on or after January 1, 2004, at least one (1), but not more than one (1), appointed member of the board shall be employed, at the time of the appointment, as a kindergarten through grade twelve (K-12) public school teacher. (5) The executive director of the Tennessee higher education commission, or the executive director's designee, is an ex officio, nonvoting member of the board. (6) The high school student shall be of superlative standing and shall serve for a one-year term in an ex officio capacity. The student member shall be appointed each year from nominees chosen by the local board of education in each school system at each board's discretion, with no more than one (1) student from each school system being nominated, and with the students having reached their junior or senior year in high school. (b) The chair of the board shall be elected by the members of the board for a term of two (2) years. A chair may be reelected. The chair of the board shall appoint the chair and members of any committee of board members. (c) Each member shall be reimbursed for travel expenses in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. (d) (1) The board shall meet at least quarterly, with at least two (2) meetings held in Nashville. Other meetings may be held at the capital, or at such other location within the state as the board may determine. (2) The chair may call special meetings whenever necessary for the transaction of urgent business. The chair of the board shall notify each member of the board and the commissioner of education of any special meeting before the time fixed for the special meeting. (3) A majority of the board may petition the chair to call a special meeting in accordance with subdivision (d)(2). (4) Meetings of the board shall be made available for viewing by the public over the internet by streaming video accessible from the board's website. Archived videos of the board's meetings shall also be available to the public through the board's website. (e) For administrative purposes, the board shall be housed in the department of education, but this shall not allow the commissioner of education any administrative or supervisory authority over the board or its staff.

Legislative History

Acts 1925, ch. 115, § 5; Shan. Supp., § 1487a24; Code 1932, § 2315; Acts 1935, ch. 186, § 1; 1937, ch. 33, § 57; 1955, ch. 203, § 1; 1963, ch. 200, § 1; 1967, ch. 179, § 8; 1976, ch. 806, § 1(76); T.C.A. (orig. ed.), §§ 49-106, 49-107; Acts 1984 (1st Ex. Sess.), ch. 6, §§ 3, 29; 1987, ch. 386, § 1; 1988, ch. 1013, § 16; 1989, ch. 54, § 1; 1994, ch. 731, § 1; 2003, ch. 91, § 1; 2004, ch. 837, § 2; 2007, ch. 316, § 1; 2010, ch. 1051, § 1; 2015, ch. 448, § 1; 2018, ch. 539, § 1; 2022, ch. 737, § 1; 2022, ch. 987, §§ 1, 2.