Tennessee Code Annotated
Tenn. Code Ann. § 49-2-109 (2026)
Contracts with private, city or special district schools
✓ current as of May 2026
- (a)
- (1)
- (A) The county board of education has the power to make contracts with the proper authorities of private schools or with city or special school district boards of education whereby the county public elementary and high schools may be taught in the private or city schools.
- (B) Such public elementary and high school branches shall be taught free of charge to all pupils of the county entitled thereto.
- (C) The contract may provide that:
- (i) The school shall be administered by either the city, special school district or county board of education upon the condition that the board charged with administration of the school shall employ duly licensed teachers, comply with other state laws pertaining to education and not interfere with the powers devolved upon the commissioner of education in connection with the county public elementary and high schools; and
- (ii) In the event of contracts with private schools, no teacher shall be employed in the private school unless the teacher has a teacher's license of such grade as may be prescribed for the teacher's employment and unless the employment of the teacher is approved by the county board of education.
- (2) The authority of the commissioner, county director of schools and all public school officers shall be as full and ample in such private schools as in other county public elementary and high schools.
- (1)
- (b) This section shall not be construed as authorizing a contract by a county board of education with a church-sponsored, church related or a parochial school.
Acts 1925, ch. 115, § 14; Shan. Supp., § 1487a99; Code 1932, § 2390; Acts 1931, ch. 71, § 1; C. Supp. 1950, § 2393.16; Acts 1959, ch. 259, §§ 1, 2; 1959, ch. 309, § 1; T.C.A. (orig. ed.), § 49-231.
Notes of Decisions
Cited in 1
case, 2004–2004 · leading case: The City of Humboldt v. J.R. McKnight (Tenn. Ct. App. 2004).
The City of Humboldt v. J.R. McKnight (Tenn. Ct. App. 2004). “Tenn. Code Ann. § 49-2-109 (a)(2). Therefore, since the county may not relinquish its authority in this contractual setting, the court reasoned by analogy that the county may not relinquish its authority over any student even if the legislature has created a special school…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.