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PDF versionSECTION 1. Chapter 724 of the Private Acts of 1931, as amended by Chapter 640 of the Private Acts of 1947, Chapter 453 of the Private Acts of 1949, and all other acts amendatory thereto, are hereby repealed.
SECTION 2. Henderson County shall be divided into school districts which shall be coextensive with the county commissioner districts established by the county legislative body of Henderson County from time to time. The Henderson County Board of Education shall consist of the same number of members as the number of county commissioner districts in Henderson County, with one (1) member of such Board of Education being elected by the qualified voters in each school district. 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) 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 elections shall take office on September 1 following the election and shall serve until their successors are duly elected and qualified.
SECTION 3. No incumbent member of the Henderson County Board of Education shall be removed from office as a result of changes in the school districts occurring as a result of changes in the county commissioner districts in Henderson County. In the event that changes in school districts result in a Board member no longer residing in the district he or she represents, such member shall continue to hold office until the expiration of his or her term. If changes in the boundaries of school districts result in more than one (1) Board member residing in a single district, all of such members shall continue to hold office until their respective terms expire, and no representative shall be elected in such district until the last such member's term expires, at which time that district shall elect a resident to the Board to an initial term which will expire at the same time as other Board members from odd-numbered districts or even-numbered districts, as the case may be, and to four (4) year terms thereafter. If changes in the school districts result in one (1) or more school districts which are without a Board member residing therein, at the next regular August election a new school board member shall be elected from each such district to an initial term which will expire at the same time as other Board members from odd-numbered districts or even-numbered districts, as the case may be, and to four (4) year terms thereafter. Changes in school districts may result in the number of members on the Board temporarily exceeding the number of school districts until the expiration of the terms of the members in office on the date of such changes.
SECTION 4. At the August 1992 election, seven (7) members of the Board shall be elected, one (1) from each school district, with members from the odd-numbered districts being elected to four (4) year terms and members from the even-numbered districts being elected to two (2) year terms. Thereafter, all Board members shall be elected to four (4) year terms.
SECTION 5. The Henderson County Board of Education shall have the same powers, duties, privileges and qualifications as the Board of Education established pursuant to Tennessee Code Annotated, Title 49, except as otherwise provided herein.
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 Board of County Commissioners of Henderson County. Its approval or nonapproval shall be proclaimed by the presiding officer of the Board of County Commissioners of Henderson County and certified by him 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 25, 1992.