§ 49-2-201 — Election or appointment

Tennessee § 49-2-201

• Jurisdiction: Tennessee
• Title: 49

Text

(a) (1) Notwithstanding any other law to the contrary, there shall be a board of education elected by the people. Except in counties with a county charter or metropolitan government charter, the board shall consist of no more members than the number of members authorized by general law or private act for boards of education in existence on January 1, 1992, or the number of members actually serving on a board on January 1, 1993, except during transition periods following district reapportionment. In addition to the membership existing on boards as of January 1, 1992, or January 1, 1993, the general assembly may authorize by private act any number of school board members that is no less than three (3) nor more than eleven (11). The members of the board shall be elected for a term of four (4) years, and may succeed themselves. For the first election held pursuant to this section, in order to establish staggered terms of office, the members from even-numbered districts shall be elected for a term of two (2) years, and the members of odd-numbered districts shall be elected for four (4) years. Members of county boards of education shall be residents of and elected from districts of substantially equal population established by resolution of the local legislative body. Members of special school district boards of education shall be elected according to special or private act, but shall be popularly elected on a staggered term basis. Vacancies occurring on the board shall be filled by the local legislative body. In special school districts, vacancies on the board arising from death or resignation shall be filled by the special school district school board. Any person so appointed shall serve until a successor is elected and qualifies according to law. The successor shall be elected at the next general election for which candidates have a sufficient time to qualify under the law. Elections for school board members may be conducted on a partisan or nonpartisan basis. If at least one (1) county primary board of a political party elects to conduct school board elections on a partisan basis, then a person seeking a position on any board in that county may campaign as the nominee or representative of a political party, and political parties may nominate candidates for membership on the board by any method authorized under the rules of the party or by primary election under title 2. (2) Notwithstanding the four-year term set out in this section for school boards, any special school district with a different term established by private act shall retain the existing board term. (3) To implement subdivision (a)(1), the general assembly by private act, or the local legislative body by resolution, may adopt a plan to accomplish a transition from a method of selecting school board members authorized under prior law to an elected school board that is in compliance with subdivision (a)(1). Nothing in this section shall be construed to require simultaneous election of board members, nor to prevent board members selected under prior law or during a transition period from serving the full term for which they were selected. As part of the implementation process under subdivision (a)(1), the local legislative body may renumber existing school districts. During the transition period, the number of school board members may exceed the number authorized under subdivision (a)(1). A transition plan may not be validly enacted or adopted under this section after September 1, 1996. (4) A private act enacted by the general assembly or a resolution adopted by a local legislative body prior to March 27, 1995, that established a transition plan as described in subdivision (a)(3), is declared to be in full compliance with the laws of this state. Any and all otherwise valid actions taken by a school board composed of members selected pursuant to such private acts or resolutions are ratified and confirmed. (5) For any LEA that has failed to implement this section, the general assembly by private act, or the local legislative body by resolution, may adopt a plan to implement four-year staggered terms of election for a local board of education by July 31, 2005. Any plan for staggered terms of election implemented pursuant to this subdivision (a)(5) shall otherwise comply with the requirements of this section, but may vary the staggered sequence provided for in subdivision (a)(1). (6) Any municipal board of education that, as authorized by private act, implemented a transition plan to bring the election of the board members into compliance with subdivision (a)(1), but that failed to comply with the election cycle established by the private act, may, by private act enacted by the general assembly and approved by the municipal legislative body, adopt a plan to restore the election of the board to compliance with subdivision (a)(1); provided, that the plan is adopted and implementation begun prior to January 1, 2009. Any plan for staggered four-year terms of election implemented pursuant to this subdivision (a)(6) shall otherwise comply with the requirements of this section, but may vary the staggered sequence provided for in subdivision (a)(1). Any and all otherwise valid actions taken by the school board during the period of noncompliance with the election cycle required by the private act are ratified and confirmed. (7) Any municipal board of education that, as authorized by private act, implemented a transition plan to bring the election of the board members into compliance with subdivision (a)(1), but currently has an election cycle in June, may, by private act enacted by the general assembly and approved by the municipal legislative body, adopt a plan to elect board members in the August general elections by extending the terms of the current school board members; provided, that the plan is adopted and implementation begun prior to January 1, 2015. Any plan implemented pursuant to this subdivision (a)(7) may extend the terms of any current board of education members, but shall otherwise comply with the requirements of this section. (b) Only persons who are residents of the area served by an LEA are eligible to serve on the school board in counties with populations of seven hundred thousand (700,000) or more, according to the 1990 federal census or any subsequent federal census. (c) (1) Except as provided in subdivision (c)(2), members of municipal boards of education may be elected in the same manner, either from districts or at large, or a combination of both, used to elect members of the municipality's governing body, except that municipal school districts whose current board members have been elected from districts as of June 6, 1995, shall continue that method of election. (2) Subdivision (c)(1) does not apply in counties having a population of not less than five hundred thousand (500,000) nor more than five hundred fifty thousand (550,000), or in counties having a population of not less than eight hundred twenty-five thousand (825,000) nor more than eight hundred thirty thousand (830,000), according to the 1990 federal census or any subsequent federal census. (d) (1) (A) Primary elections in which candidates nominated for school boards are to appear on the regular August election ballot are held on the first Tuesday in May before the August election. In the years in which an election is held for president of the United States, a political party primary for offices to be elected in the regular August election shall be held on the same day as the presidential preference primary. In such event, the qualifying deadline for independent and primary candidates is twelve o'clock (12:00) noon, prevailing time, on the date established in § 2-5-101(a)(3) . (B) Primary elections in which candidates nominated for school board are to appear on the regular November election ballot are held concurrently with the regular August election. The qualifying deadline for independent and primary candidates is twelve o'clock (12:00) noon, prevailing time, on the date established in § 2-5-101(a)(2) . (C) Primary elections in which candidates nominated for school board are to appear on a ballot other than the regular August or regular November election ballot may be held on the first Tuesday in the third month before the election. If the first Tuesday of the third month falls on a legal holiday, the election shall be held on the second Tuesday of the third month before the election. Nothing in this subdivision (d)(1)(C) requires a primary election to held, political parties may elect to nominate candidates for membership on the board by any method authorized under the rules of the party pursuant to subdivision (a)(1). (2) If the date for a primary election falls within ninety (90) days of an upcoming regular primary or general election being held in the jurisdiction, the commission or commissions may reset the date of the primary election to coincide with the regular primary or general election, even though this may be outside of the time period established herein. All dates dependent on the date of the election must be adjusted accordingly and any acts required to be done by these dates must be performed timely if done in accordance with the adjusted dates. (3) The qualifying deadline for independent and primary candidates is twelve o'clock (12:00) noon, prevailing time, on the date established in § 2-5-101(a) . (4) If the county executive committee timely filed a notice with the county election commission directing the commission to hold a May primary election in 2022, then within thirty (30) days of November 12, 2021, the county executive committee may file a supplemental notice, in writing, to include school board offices to be elected in the regular August election within the county. (e) This section does not apply to an innovative school district as defined in § 49-8-1502 .

Legislative History

Amended by 2024 Tenn. Acts, ch. 1053,s 4, eff. 5/28/2024, app. to the 2024-2025 school year and each school year thereafter. Amended by 2021EX3 Tenn. Acts, ch. 1, Secs.s 1, s 2 eff. 11/12/2021. Amended by 2014 Tenn. Acts, ch. 716, s 1, eff. 4/16/2014. Acts 1925, ch. 115, § 6; Shan. Supp., § 1487a26; mod. Code 1932, § 2317; Acts 1961, ch. 262, §§ 1-4; 1970, ch. 508, § 1; 1972, ch. 697, §§ 1, 2; 1972, ch. 784, § 1; 1973, ch. 170, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; Acts 1981, ch. 175, §§ 1, 2; 1983, ch. 424, §§ 1, 2; T.C.A. (orig. ed.), § 49-208; Acts 1986, ch. 830, § 1; 1992, ch. 535, § 39; 1995, ch. 40, §§ 1, 2; 1995, ch. 404, §§ 1-6; 1995, ch. 435, §§ 1, 2; 1998, ch. 620, § 1; 1998, ch. 1012, §§ 1, 2; 2000, ch. 753, § 1; 2002, ch. 496, § 1; 2005, ch. 320, § 1; 2008 , ch. 772, § 1.