Tennessee Code Annotated

Tenn. Code Ann. § 49-5-301 (2026)

Nonteachers eligible for public office

✓ current as of May 2026
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Notwithstanding any law except §§ 8-23-201 and 49-2-203 to the contrary, noninstructional personnel employed by any public school in this state shall be eligible to run for public office.

Acts 1977, ch. 69, § 1; T.C.A., § 49-255.


Notes of Decisions
Cited in 4 cases, 2000–2020 · leading case: Marion Cnty. Bd. of Educ. v. Marion Cnty. Educ. Ass'n, 86 S.W.3d 202 (Tenn. Ct. App. 2001).
Marion Cnty. Bd. of Educ. v. Marion Cnty. Educ. Ass'n, 86 S.W.3d 202 (Tenn. Ct. App. 2001). “§ 49-5-301(d), which eliminated popularly elected superintendents.”
Ronald C. Young v. E.T. Stamey (2020). · cites it 6× “We hold further that even if Stamey is a city employee, as a noninstructional public school employee he is allowed to run for city council pursuant to Tenn. Code Ann. § 49-5-301 . Finally, we hold that Young failed to state a claim against the Commission, which acted solely in…”
Pamela Dallas v. Shelby Cnty. Bd. of Educ. (Tenn. Ct. App. 2019). · cites it 2× “In contrast, the current version of section 49-5-301(b)(1)(J) clearly creates a duty on the director of schools relative to tenure.”
Marion Co. Bd. of Educ. v. Marion Co. Educ. Assoc. (Tenn. Ct. App. 2000). · cites it 2× “Turney’s appointment was made pursuant to the Education Improvement Act, Tenn. Code Ann. § 49-5-301 (d), which eliminated popularly elected superintendents.”
— Tenn. Code Ann. § 49-5-301(b)(1)(J) — 1 case
Pamela Dallas v. Shelby Cnty. Bd. of Educ. (Tenn. Ct. App. 2019). “In contrast, the current version of section 49-5-301(b)(1)(J) clearly creates a duty on the director of schools relative to tenure.”
— Tenn. Code Ann. § 49-5-301(d) — 1 case
Marion Cnty. Bd. of Educ. v. Marion Cnty. Educ. Ass'n, 86 S.W.3d 202 (Tenn. Ct. App. 2001). “§ 49-5-301(d), which eliminated popularly elected superintendents.”
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