Private Acts of 2002 Chapter 106

SECTION 1.  Chapter 56 of the Private Acts of 1995, and any acts amendatory thereto, are hereby repealed.

SECTION 2.  Henry County shall be divided into five (5) school districts of substantially equal population, which shall be established by resolution of the county legislative body from time to time.

SECTION 3.  The Henry County Board of Education (the "board") shall consist of five (5) members, with one (1) member of the board being elected by the qualified voters in each school district, on a non-partisan basis.  Board members shall be elected to staggered four (4) year terms so that every two (2) years the terms of approximately one-half (1/2) of the members of the board shall expire, with the odd-numbered districts expiring at the same time and the even-numbered districts expiring at the same time.  Persons elected in the regular August general elections shall take office on September 1 following the election and shall serve until their successors are duly elected and qualified.

SECTION 4.  During the transition from (6) members to the five (5) members provided for in this act, all incumbent board members shall remain on the board until the expiration of their current terms, and the number of board members may temporarily exceed the number of members authorized in this act.  To establish staggered four (4) year terms, beginning with the August 2002 elections, the board shall be elected as follows: At the August 2002 general elections, one (1) member shall be elected from each of Districts 2 and 4 to four (4) year terms, and one (1) member shall be elected from District 5 to a two (2) year term.  At the August 2004 general elections, one member shall be elected from each of Districts 1, 3 and 5 to four (4) year terms.  Thereafter, board members shall be elected to four (4) year terms as the term of each respective board member expires.

SECTION 5.  The Henry County Board of Education shall have the same powers, duties, privileges and qualifications as a board of education established pursuant to Tennessee Code Annotated, Title 49.

SECTION 6.  If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to that end the provisions of this act are declared to be severable.

SECTION 7.  This act shall have no effect unless it is approved by a two-thirds (2/3) vote of the county legislative body of Henry County.  Its approval or non-approval shall be proclaimed by the presiding officer of the county legislative body of Henry County and certified to the Secretary of State.

SECTION 8.  For the purpose of approving or rejecting the provisions of this act, it shall be effective upon becoming a law, the public welfare requiring it.  For all other purposes, it shall become effective upon being approved as provided in Section 7.

Passed: March 27, 2002.