49-5-409 - Teachers Continuing contract law Termination of contracts.

49-5-409. Teachers Continuing contract law Termination of contracts.

(a)  Teachers in service and under control of the public elementary and high schools of this state shall continue in such service until they have received written notice from their board of education or director of schools, as appropriate, of their dismissal or failure of reelection.

(b)  (1)  The notice shall contain a statement of prior authorization by a majority vote of the membership of the board with the name of the teacher being recorded in the minutes of the board.

     (2)  The notice must be received prior to April 15 to be applicable to the next succeeding school year; provided, that the director of schools may transfer any teacher from one (1) position to another at the director's option. Nothing contained in this section shall affect any rights that may have accrued, or may hereafter accrue, in behalf of any teachers or principals in any local school system under any law providing a tenure of office for the teachers and principals.

(c)  Nothing in this section shall prohibit a board from abolishing a position after April 15, for sufficient, just and nondiscriminatory reasons; provided, that the person holding the position is notified immediately in writing stating the reasons for abolishing the position, and the person is entitled to the next position for which the person is certified to hold that opens within the school system during the remainder of the school year.

[Acts 1943, ch. 147, § 1; C. Supp. 1950, § 2340.1; Acts 1971, ch. 49, §§ 1, 2; 1974, ch. 654, §§ 64, 65; 1977, ch. 455, § 1; 1981, ch. 186, § 1; T.C.A. (orig. ed.), § 49-1306; Acts 1992, ch. 535, § 25; 2000, ch. 569, § 1; 2002, ch. 586, § 1.]