Private Acts of 1935 Chapter 257

COMPILER’S NOTE:  Private Acts of 1949, Chapter 193, immediately following, does not repeal any but the conflicting portions of this act.  Both acts are published herein so that a comparison of the two will reveal those provisions of both which are in effect.

SECTION 1.  That in all counties in the State of Tennessee, having a population of not less than 159,000, nor more than 200,000, according to the Federal Census of 1930, or any subsequent Federal Census, the teachers and principals of schools of such counties shall have certain qualifications and certain tenure of office as herein set forth.

SECTION 2.  That all teachers employed by the school authorities of said counties shall have been awarded a degree of Bachelor of Arts or a degree of Bachelor of Science, or shall have an education equivalent thereto, from a standard senior college or university and shall have had at least 27 quarter hours in education, provided that this section shall not apply to those teachers already employed or on leave of absence, provided further that nothing in this section shall apply to teachers of vocational schools who meet requirements of State Board of Education, and to provide further that nothing in this section shall be construed as prohibiting the employment of persons to teach special subjects in the interests of handicapped persons which are not embodied in the regular educational program of the County.

SECTION 3.  That any principal or assistant principal hereafter employed by the school authorities of said counties in a school in which eight or more teachers are engaged shall have been awarded a Master's degree from a standard senior college or university and shall have also had at least three years of teaching experience and also shall have had at least 36 quarter hours in education, of which at least nine quarter hours shall be in the field of administration; provided, however, that in a school employing less than eight teachers the principal shall be qualified in the same manner and degree provided herein for teachers, and provided further that this section shall not apply to those principals already employed or on leave of absence, and provided further that nothing in this section shall be construed as applying to principals of vocational schools who meet requirements of State Board of Education: and provided further that this section shall not apply to teachers already employed.

SECTION 4.  That all teachers and principals employed by school authorities of said counties during the first two years of employment shall be considered as probationary teachers and principals, during which time they shall be employed on annual contract which may or may not be renewed at the discretion of the employing authority, provided that in event of dismissal during the period covered by contract the teacher or principal shall have the same right of hearing as provided for teachers and principals on permanent tenure.

SECTION 5.  That all teachers and principals now employed by the school authorities of said counties who have served for two years or those who have not served for two years upon the completion of two years of satisfactory service and all teachers and principals hereafter employed upon the completion of two year of satisfactory service, shall be employed on permanent tenure of office and shall not be demoted or dismissed except for cause, inefficiency or immorality or on account of discontinuance of position, in which latter case the teacher or principal shall receive the first appointment to any position for which qualified.

SECTION 6.  That no teacher or principal employed by the school authorities of said counties shall be peremptorily or arbitrarily demoted or dismissed but shall receive written notice that demotion or termination of service is contemplated on a specific date and the notified teacher or principal may thereupon request that a written statement as to the grounds of demotion or dismissal shall be made, and following the delivery of such written statement the teacher or principal shall have fifteen days in which to request a hearing of said grounds as hereinafter provided.

SECTION 7.  That the Chairman of the County Board of Education of said counties upon request for hearing being delivered to him or her in writing shall set a date for such hearing which date shall not be less than seven days nor more than twenty-one days after request for such hearing has been made, and the Chairman and the County Board of Education of said counties shall hold such hearing at which time the teacher or principal shall have the right to be represented by counsel.

SECTION 8.  That said County Board of Education of said counties shall issue writs of subpoena on request of either party to compel attendance of witnesses to testify at the hearing of such investigation, such subpoenas shall be signed by the Chairman of the County Board of Education of said counties and be served and obeyed in the same manner as subpoenas issued by Justices of the Peace under the general statutes of Tennessee, and any failure to obey such subpoenas may be enforced or punished in the same manner and to the same extent as is now provided by law for enforcing or punishing failure to obey subpoenas issued by Justices of the Peace.  The Chairman of the County Board of Education of said counties is hereby authorized to administer oath to witnesses at such hearing.  Such hearing shall be held at the Courthouse in said counties and shall be public unless private hearing is agreeable to parties filing the complaint and to the teacher or principal.

SECTION 9.  That the Chairman of the County Board of Education of said counties shall preside at such hearing and the decision shall be rendered by a majority of the members of the County Board of Education of said counties unless there is a tie, in which case the deciding vote shall be cast by the Chairman.  Upon the hearing said Chairman and County Board of Education shall consider the charges as preferred and the evidence thereon and upon rendering their decision shall immediately notify the teacher or principal involved, or their attorney of records.  Notice mailed to the address, which must be furnished said Chairman by the parties, will be sufficient notification.  If the decision is rendered in the presence of the teacher or principal against whom the charges have been made, no other notification will be necessary.  Either party upon execution of cost bond or taking pauper's oath will have seven days, from the time notice is given of its decision by the County Board of Education, in which to perfect an appeal by certiorari or otherwise to the Chancery Court of said counties, for a review of question of law and fact.

SECTION 10.  That if on final disposition of the case the employment of said teacher or principal is not terminated any unpaid salary during his or her suspension shall be paid in full.

SECTION 11.  That a transfer of a teacher or principal from one position to another for which he or she is qualified, or from one school to another at the same salary, or the same comparative salary, if there has been a general salary increase or reduction, shall not be considered as a demotion.

SECTION 12.  That if any sentence, clause or section of this Act be held unconstitutional, or the application of said Act be held unconstitutional, with respect to any person or circumstance, such holding shall not affect any other sentence, clause or section or application to any other person or circumstance.

SECTION 13.  That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed, and that this Act shall take effect thirty (30) days after its passage, the public welfare requiring it.

Passed:  March 29, 1935.