Tennessee Code Annotated
Tenn. Code Ann. § 49-5-409 (2026)
Continuation of service unless notice of dismissal or failure of reelection sent
✓ current as of May 2026
- (a) Teachers in service and under the control of the public elementary or high schools of this state may continue in such service unless written notice is sent to the teacher from the teacher's board of education or director of schools, as appropriate, of the teacher's dismissal or failure of reelection.
- (b)
- (1) The notice must be sent within five (5) business days following the last instructional day for the school year 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, on behalf of any teachers or principals in any local school system under any law providing a tenure of office for the teachers and principals.
- (2) If a teacher's dismissal or failure of reelection is due only to a loss of funding for the position, then the local board of education or director of schools, as appropriate, shall state in the notice required under this section that the only reason for dismissing the teacher or not reelecting the teacher's contract for the next succeeding school year is a loss of funding for the position.
- (c) Nothing in this section shall prohibit a board from abolishing a position after June 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 that the person is qualified to hold and that opens within the school system during the remainder of the school year. The determination of whether a teacher is qualified for an open position shall be made by the director of schools, and the teacher's most recent evaluations may be a factor in such determination.
- (d) Written notice sent by a board of education or director of schools in accordance with this section must be sent by certified mail or overnight carrier to the teacher's physical mailing address on record with the LEA, or transmitted via electronic mail to the email address used by the LEA to communicate with the teacher.
- (e) As used in this section, "last instructional day" means the last day of the school year on which students are required to report to school.
Amended by 2022 Tenn. Acts, ch. 678, s 1, eff. 3/28/2022.
Amended by 2021 Tenn. Acts, ch. 378, Secs.s1, s2, s3 eff. 5/11/2021.
Amended by 2015 Tenn. Acts, ch. 232, s 1, eff. 7/1/2015.
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; 2010 , ch. 798, §§ 1, 2; 2011 , ch. 70, §§ 2, 3; 2011 , ch. 255, § 1.
Notes of Decisions
Cited in 17
cases (2 in the last 5 years), 1988–2022 · leading case: Arnwine v. Union Cnty. Bd. of Educ., 120 S.W.3d 804 (Tenn. 2003).
Arnwine v. Union Cnty. Bd. of Educ., 120 S.W.3d 804 (Tenn. 2003). “Tennessee Code Annotated section 49-5-409(b)(2) (1996 & Supp.2000) provides that teachers who are dismissed or not reelected must receive notice prior to April 15 to be applicable to the next succeeding school year.”
Ray v. Bd. of Educ., 72 S.W.3d 657 (Tenn. Ct. App. 2001). “Neither Defendants' nor Plaintiff's motion for partial summary judgment addressed Plaintiff's remaining claim against Defendants for breach of continuing contract under Tenn. Code Ann. § 49-5-409 . . Tenn.Code Ann.”
State ex rel. McGhee v. John, 837 S.W.2d 596 (Tenn. 1992). “T.C.A. § 49-5-409 provides for the method of terminating teacher’s contracts and makes the specific exception in subsection (b)(2) that the Board of Education may transfer any teacher from one position to another at its option, subject to securing any rights accrued or accruable…”
Reed v. Washington Cnty. Bd. of Educ., 756 S.W.2d 250 (Tenn. 1988). “Brothers, supra, the teacher completed the probationary period, and was employed for an additional year beyond the probationary period because the school board failed to comply with the requirements for termination of a teacher established by the Teachers’ Continuing Contract…”
Preston Barbee v. Union City Bd. of Educ., 559 F. App'x 450 (6th Cir. 2014). “§ 49-2-301(b)(1)(J). “It is the duty of the board of education to assign [this recommendation duty] to its director of schools[.”
Malone v. Shelby Cnty. Bd. of Educ., 773 S.W.2d 256 (Tenn. Ct. App. 1989). “Section 49-5-409 provides: (a) Teachers in service and under control of the public elementary and high schools of Tennessee continue in such service until they have received written notice, from their Board of Education, of their dismissal or failure of re-election.”
Candice Mosby v. Fayette Cnty. Bd. of Educ. (Tenn. Ct. App. 2020). “§ 49-1-302 (d)(2)(A) that a teacher’s evaluation “shall be a factor” in all employment-related decisions, may a non-tenured teacher maintain an action challenging her nonrenewal under Tenn. Code Ann. § 49-5-409 when the director of schools makes the decision to non-renew without…”
Pamela Dallas v. Shelby Cnty. Bd. of Educ. (Tenn. Ct. App. 2019). “Tenn. Code Ann. § 49-5-409 (2014).12 The trial court denied Ms.”
Lacy McAllister v. Lawrence Cnty. Sch. Sys. Bd. of Educations (Tenn. Ct. App. 2022). “” Tenn. Code Ann. § 49-5-409 (a). -2- documents reflecting alleged observations of Teacher.”
Hayes v. Metro. Gov't of Nashville & Davidson Cnty., Tennessee, The (M.D. Tenn. 2021). “However, in that regard, there is also no dispute that Leffler received verbal notice on April 29, 2020 and written notice on or around May 4, 2020 that “her job as Executive Director was being eliminated effective June 30, 2020” (Doc.”
Garcia v. The Metro. Gov't of Nashville & Davidson Cnty., Tennessee (M.D. Tenn. 2019). “” Tenn. Code Ann. § 49-5-409 (a). See Dallas v.”
Cannon Cnty. Bd. of Educ. v. Goldy Wade & Cannon Cnty. Educ. Ass'n (Tenn. Ct. App. 2008). “Wade was notified by the Board of the non-renewal of his contract prior to April 15, 2002 in compliance with the Continuing Contract Law, Tenn. Code Ann. § 49-5-409 (b)(2). Wade and the CCEA then filed a grievance pursuant to the locally negotiated agreement (sometimes called…”
— Tenn. Code Ann. § 49-5-409(a) — 2 cases
Preston Barbee v. Union City Bd. of Educ., 559 F. App'x 450 (6th Cir. 2014). “§ 49-2-301(b)(1)(J). “It is the duty of the board of education to assign [this recommendation duty] to its director of schools[.”
Ray v. Bd. of Educ., 72 S.W.3d 657 (Tenn. Ct. App. 2001). “Neither Defendants' nor Plaintiff's motion for partial summary judgment addressed Plaintiff's remaining claim against Defendants for breach of continuing contract under Tenn. Code Ann. § 49-5-409 . . Tenn.Code Ann.”
— Tenn. Code Ann. § 49-5-409(b) — 3 cases
Pamela Dallas v. Shelby Cnty. Bd. of Educ. (Tenn. Ct. App. 2019). “Tenn. Code Ann. § 49-5-409 (2014).12 The trial court denied Ms.”
Candice Mosby v. Fayette Cnty. Bd. of Educ. (Tenn. Ct. App. 2020). “§ 49-1-302 (d)(2)(A) that a teacher’s evaluation “shall be a factor” in all employment-related decisions, may a non-tenured teacher maintain an action challenging her nonrenewal under Tenn. Code Ann. § 49-5-409 when the director of schools makes the decision to non-renew without…”
Washington Cnty. Educ. Ass'n v. Washington Cnty. Bd. of Educ. (Tenn. Ct. App. 2019).
— Tenn. Code Ann. § 49-5-409(b)(2) — 2 cases
Arnwine v. Union Cnty. Bd. of Educ., 120 S.W.3d 804 (Tenn. 2003). “Tennessee Code Annotated section 49-5-409(b)(2) (1996 & Supp.2000) provides that teachers who are dismissed or not reelected must receive notice prior to April 15 to be applicable to the next succeeding school year.”
Ray v. Bd. of Educ., 72 S.W.3d 657 (Tenn. Ct. App. 2001). “Neither Defendants' nor Plaintiff's motion for partial summary judgment addressed Plaintiff's remaining claim against Defendants for breach of continuing contract under Tenn. Code Ann. § 49-5-409 . . Tenn.Code Ann.”
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