§ 49-2-202 — Members and meetings

Tennessee § 49-2-202

• Jurisdiction: Tennessee
• Title: 49

Text

(a) (1) Members of the board shall be residents and voters of the county in which they are elected and shall be citizens of recognized integrity, intelligence and ability to administer the duties of the office. To qualify to run as a member of the board of education, a person must be a qualified voter of the county and a resident of the county for one (1) year prior to the date of the qualifying deadline for running as a candidate for the board of education. (2) No member of the county legislative body nor any other county official shall be eligible for election as a member of the county board of education. (3) (A) Each member of the board of education who has a relative employed by the board shall declare such relationship prior to voting on any matter of business that shall have an effect upon the employment of the relative. In making the declaration, such board member shall certify that the vote that is about to be cast on the pending matter is in the best interest of the school system. Such matters shall include, but shall not be limited to, the school system annual budget, tenure considerations and personnel policies. The director of schools shall give notice to the board each time there is intent to employ a relative of a school board member. The director of schools of a county school system shall also give notice to the county school board each time there is intent to employ a relative of an elected county official. The director of schools of a city school system shall also give notice to the city school board each time there is intent to employ a relative of an elected city official. In giving such notice, the director of schools shall certify that the prospective employee is duly qualified by training and licensure to occupy the position. (B) As used in this subdivision (a)(3), unless the context otherwise requires, "relative" means a spouse, parent, parent-in-law, child, son-in-law, daughter-in-law, grandparent, grandchild, brother, sister, uncle, aunt, nephew, niece, or any person who resides in the same household as any of the officials referenced in subdivision (a)(3)(A). (C) This subdivision (a)(3) shall not be construed to prohibit two (2) or more relatives from working for the LEA. If two (2) or more employees who are relatives are within the same direct line of supervision, or become within the same direct line of supervision by marriage or promotion, then the director of schools shall attempt to resolve this issue by transfer of one (1) of the employees. If the director finds that transfer is not feasible or is not in the best interest of students, then an alternate evaluation plan shall be devised for one (1) of the employees. (4) No person shall be eligible to serve on the board unless the person is a bona fide resident of the county and has a practical education; provided, that beginning on October 1, 1990, except in counties having a population of: not less than nor more than 14,940.................... 15,000 49,400.................... 49,500 74,500.................... 74,600 according to the 1980 federal census or any subsequent federal census, no person shall qualify as a candidate for a position on a county board of education until the person has filed with the county election commission proof that the candidate graduated from high school or received a high school equivalency credential approved by the state board of education, evidenced by a diploma or other documentation satisfactory to the commission. Any person serving on a school board as of October 1, 1990, shall be allowed to continue to serve and to seek reelection or reappointment to one (1) additional term even though the person may not have graduated from high school or received a high school equivalency credential approved by the state board of education. (5) If any member ceases to reside in the county, the office of the member shall become vacant. (6) All board members shall be properly trained during their service on the board of education. The minimum requirements for this training shall be established by the state board of education and shall include an annual session for all board members. (b) All members of the local board of education shall take oath to discharge faithfully the duties of the office. (c) It is the duty of the board of education to: (1) Hold regular meetings at least quarterly for the purpose of transacting public school business; provided, that the chair may call special meetings whenever in the chair's judgment the interest of the public schools requires it, or when requested to do so by a majority of the board. The chair or the chair's designee shall give reasonable notice of the time and location of all meetings to the president of the local education association or the president's designee; and (2) Elect one (1) of its members as chair annually. (d) The compensation of members of the county board for the members' services when attending regular and special meetings and discharging the duties imposed by this title shall not exceed the compensation fixed for members of the county legislative body and must be included in the school district budget submitted to the county legislative body. A school board member's compensation shall not be reduced from the prior year. The county trustee shall not pay a voucher issued to members unless the voucher has been approved by the county mayor. A board member shall not receive less than four dollars ($4.00) per day for the member's services. (e) (1) When a vacancy occurs, the unexpired term shall be filled at the next regular meeting of the county legislative body or at a special meeting of the county legislative body. (2) Vacancies shall be declared to exist, on account of death, resignation or removal from the county. (3) A temporary absence of a county board member to serve in the military shall not constitute a vacancy in office and such absence shall not be subject to the requirements of § 8-48-205(5) . (f) Notwithstanding § 49-2-201 and this section to the contrary, the board of education for each LEA that operates one (1) or more high schools may annually select, prior to commencement of the new school year, high school students to serve as advisory, nonvoting members of the board. If a board of education selects high school students to serve as advisory, nonvoting members of the board, then the board shall not select more than four (4) students to serve each year. The students serve without compensation but may, at the discretion of the board, be reimbursed for reasonable and necessary expenses incurred while engaged in board business. (g) A majority of all of the members constituting the board, and not merely a majority of the quorum, shall be required to transact all business coming before the board in regular or special meetings. (h) 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 5, eff. 5/28/2024, app. to the 2024-2025 school year and each school year thereafter. Amended by 2023 Tenn. Acts, ch. 114, s 12, eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 809, s 5, eff. 9/1/2022. Amended by 2022 Tenn. Acts, ch. 670, s 1, eff. 7/1/2022. Amended by 2021 Tenn. Acts, ch. 493, s 17, eff. 5/25/2021. Amended by 2019 Tenn. Acts, ch. 192, s 1, eff. 7/1/2019. Amended by 2013 Tenn. Acts, ch. 301, s 1, eff. 7/1/2013. Acts 1925, ch. 115, § 6; Shan. Supp., §§ 1487a27-1487a29, 1487a39; Code 1932, §§ 2318-2320, 2328; Acts 1961, ch. 60, § 1; 1965, ch. 96, § 1; 1974, ch. 654, §§ 11, 12; 1982, ch. 792, § 1; T.C.A. (orig. ed.), §§ 49-209 -- 49-211, 49-213; Acts 1988, ch. 638, § 1; 1989, ch. 362, §§ 1, 2; 1990, ch. 948, § 25; 1992, ch. 535, § 33; 1992, ch. 767, § 1; 1996, ch. 638, § 1; 1998, ch. 717, § 1; 2003 , ch. 90, § 2; 2011 , ch. 464, § 1; 2012 , ch. 875, § 1.