Tennessee Code Annotated

Tenn. Code Ann. § 49-5-501 (2026)

Part definitions

✓ current as of May 2026

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As used in this part, unless the context otherwise requires:

(1) "Abolition of position" means a regular bona fide elimination of a position for sufficient, just and nondiscriminatory reasons;

(2) "Board" means the local board of education holding jurisdiction in its respective territory. In the event that a school system operates without a board of education, the authority that performs the functions usually performed by a board shall be indicated by the word "board";

(3) "Conduct unbecoming to a member of the teaching profession" may consist of, but not be limited to, one (1) or more of the following:
- (A) Immorality;
- (B) Conviction of a felony or a crime involving moral turpitude;
- (C) Dishonesty, unreliability, continued willful failure or refusal to pay one's just and honest debts;
- (D) Disregard of the teacher code of ethics in part 10 of this chapter, in such manner as to make one obnoxious as a member of the profession; or
- (E) Improper use of narcotics or intoxicants;

(4) "Director of schools" refers to the local director of schools, or to any other officer performing the functions of a director of schools;

(5) "Incompetence" means being incapable, lacking adequate power, capacity or ability to carry out the duties and responsibilities of the position. This may apply to physical, mental, educational, emotional or other personal conditions. It may include lack of training or experience, evident unfitness for service, a physical, mental or emotional condition making the teacher unfit to instruct or associate with children or the inability to command respect from subordinates or to secure cooperation of those with whom the teacher must work;

(6) "Inefficiency" means being below the standards of efficiency maintained by others currently employed by the board for similar work, or habitually tardy, inaccurate or wanting in effective performance of duties. The definition of inefficiency includes, but is not limited to, having evaluations demonstrating an overall performance effectiveness level that is "below expectations" or "significantly below expectations" as provided in the evaluation guidelines adopted by the state board of education pursuant to § 49-1-302;

(7) "Insubordination" may consist of:
- (A) Refusal or continued failure to obey the school laws of this state, to comply with the rules and regulations of the board or to carry out specific assignments made by the board, the director of schools or the principal, each acting within its own jurisdiction, when the rules, regulations and assignments are reasonable and not discriminatory;
- (B) Failure to participate in an in-service training program as set up by the local board of education and approved by the state board of education;
- (C) Treason, or any effort to sabotage or overthrow the government of the United States; or
- (D) Refusal by the teacher to disclose to the board whether or not the teacher is, or has been, a member of the communist or any other party that advocates the overthrow of the government;

(8) "Neglect of duty" means gross or repeated failure to perform duties and responsibilities that reasonably can be expected of one in such capacity or continued unexcused or unnecessary absence from duty;

(9) "Probation" is a condition and period of trial during which a teacher is under observation to determine the teacher's fitness for tenure status;

(10) "Teacher" includes teachers, supervisors, principals, director of schools and all other certificated personnel employed by any local board of education, for service in public, elementary and secondary schools in this state, supported in whole or in part by state or federal funds;

(11)
- (A) "Tenure" is the employment status other than probation that a teacher may be under while teaching in the public schools;
- (B)
  - (i) A teacher has no property right in the teacher's tenure status and must sustain a specified performance effectiveness level on evaluations, as provided in this part, to achieve and maintain tenure status. If a teacher acquires tenure, the teacher shall remain under that status until such time as the teacher resigns, retires, is dismissed or the teacher is returned to probationary status by the director of schools under this part;
  - (ii) No teacher who acquired tenure status prior to July 1, 2011, shall be returned to probationary status;
- (C) No teacher, including administrative and supervisory personnel, who has acquired tenure status is entitled to any specific position; and

(12) "Transfer" means removal from one (1) position to another position under jurisdiction of the same board.

Acts 1951, ch. 76, § 1 (Williams, § 2345.1); Acts 1955, ch. 343, § 1; 1974, ch. 654, §§ 74-76; T.C.A. (orig. ed.), § 49-1401; Acts 2010 , ch. 916, § 2; 2011 , ch. 70, §§ 4, 5.

Notes of Decisions

Cited in 80 cases (15 in the last 5 years), 1984–2026 · leading case: Emory v. Memphis City Schs. Bd. of Educ., 514 S.W.3d 129 (Tenn. 2017).

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Emory v. Memphis City Schs. Bd. of Educ., 514 S.W.3d 129 (Tenn. 2017). · cites it 11× “Tenn. Code Ann. § 49-5-501 (ll)(A). The Act creates two types of tenure—limited and permanent.”

Nedra Finney v. Franklin Special Sch. Dist. Bd. Of Educ., 576 S.W.3d 663 (Tenn. Ct. App. 2018). · cites it 16× “M2017-02080-COA-R3-CV This is an appeal of the termination of a tenured teacher’s employment pursuant to the Tenure Act, Tenn. Code Ann. §§ 49-5-501 to – 515. The Director of Schools of the Franklin Special School District filed Charges for Dismissal of the tenured teacher on…”

Saundra Thompson v. Memphis City Schs. Bd. of Educ., 395 S.W.3d 616 (Tenn. 2012). · cites it 11× “Thompson’s behalf, advising that the termination violated several provisions of the Tennessee Teacher Tenure Act (“Tenure Act”), Tenn.Code Ann. §§ 49-5-501 to -515 (2002), 2 including Ms.”

Lyons v. Rasar, 872 S.W.2d 895 (Tenn. 1994). · cites it 8× “The issue to be determined in this appeal is whether a food service supervisor is a “teacher” as defined by the Teacher Tenure Law, Tenn.Code Ann. § 49-5-501, et seq. and, therefore, entitled to its protection.”

Lawrence Cnty. Educ. Ass'n v. Lawrence Cnty. Bd. of Educ., 244 S.W.3d 302 (Tenn. 2007). · cites it 6× “” Tenn.Code Ann. § 49-5-501(10) (2002). The term has been broadly defined for tenure purposes to include tenured teachers with coaching duties.”

Van Hooser v. Warren Cnty. Bd. of Educ., 807 S.W.2d 230 (Tenn. 1991). · cites it 16× “It presents substantive issues arising under the Teacher Tenure Act, T.C.A. §§ 49-5-501 et seq., and the Open Meetings Act, T.”

Carlisa Elmi v. Cheatham Cnty. Bd. of Educ., 546 S.W.3d 630 (Tenn. Ct. App. 2017). · cites it 14× “M2016-02024-COA-R3-CV This is an appeal of the termination of a tenured teacher’s employment pursuant to the Tenure Act, Tenn. Code Ann. §§ 49-5-501 and -515. The Cheatham County Director of Schools initiated these proceedings by filing a notice of charges recommending the…”

Arnwine v. Union Cnty. Bd. of Educ., 120 S.W.3d 804 (Tenn. 2003). · cites it 4× “In determining how assistant superintendents are characterized for purposes of employment contracts, we are, however, guided, by Tennessee Code Annotated section 49-5-501(10) (1996), which provides that “[a]s used in this part, unless the context otherwise requires[,]” a teacher…”

Cooper v. Williamson Cnty. Bd. of Educ., 746 S.W.2d 176 (Tenn. 1987). · cites it 4× “Cooper, from his position as principal of Fairview High School by Defendant, Williamson County Board of Education (the Board). Due to certain procedural defects in the proceedings in the trial court, we have determined that the judgment of the Chancery Court for Williamson…”

Knox Cnty. Educ. Ass'n v. Knox Cnty. Bd. of Educ., 60 S.W.3d 65 (Tenn. Ct. App. 2001). · cites it 4× “The Legislature enacted a public act, the Teacher Tenure Act, T.C.A. § 49-5-501, et seq. in 1951. The Teacher Tenure Act provides that a teacher may be dismissed for incompetence, inefficiency, neglect of duty, unprofessional conduct or insubordination, T.”

Bowden v. Memphis Bd. of Educ., 29 S.W.3d 462 (Tenn. 2000). · cites it 5× “Tenn.Code Ann. § 49-5-501, et seq (1996).”

Brown v. Bd. of Educ., 47 F. Supp. 3d 665 (W.D. Tenn. 2014). · cites it 2× “) The hearing officer upheld the charge of inefficiency pursuant to Tenn.Code Ann. § 49-5-501, finding there was substantial evidence in the record to support the charge.”

Show all 80 citing cases →

— Tenn. Code Ann. § 49-5-501(1) — 1 case

Smith v. State Technical Inst. at Memphis, 682 S.W.2d 915 (Tenn. 1984).

— Tenn. Code Ann. § 49-5-501(10) — 11 cases

Lawrence Cnty. Educ. Ass'n v. Lawrence Cnty. Bd. of Educ., 244 S.W.3d 302 (Tenn. 2007). “” Tenn.Code Ann. § 49-5-501(10) (2002). The term has been broadly defined for tenure purposes to include tenured teachers with coaching duties.”

Arnwine v. Union Cnty. Bd. of Educ., 120 S.W.3d 804 (Tenn. 2003). “In determining how assistant superintendents are characterized for purposes of employment contracts, we are, however, guided, by Tennessee Code Annotated section 49-5-501(10) (1996), which provides that “[a]s used in this part, unless the context otherwise requires[,]” a teacher…”

Lyons v. Rasar, 872 S.W.2d 895 (Tenn. 1994). “The issue to be determined in this appeal is whether a food service supervisor is a “teacher” as defined by the Teacher Tenure Law, Tenn.Code Ann. § 49-5-501, et seq. and, therefore, entitled to its protection.”

Knox Cnty. Educ. Ass'n v. Knox Cnty. Bd. of Educ., 60 S.W.3d 65 (Tenn. Ct. App. 2001). “The Legislature enacted a public act, the Teacher Tenure Act, T.C.A. § 49-5-501, et seq. in 1951. The Teacher Tenure Act provides that a teacher may be dismissed for incompetence, inefficiency, neglect of duty, unprofessional conduct or insubordination, T.”

Reeves v. Etowah City Sch. Bd. of Educ., 806 S.W.2d 176 (Tenn. 1991).

— Tenn. Code Ann. § 49-5-501(11)(A) — 5 cases

Marion Cnty. Bd. of Educ. v. Marion Cnty. Educ. Ass'n, 86 S.W.3d 202 (Tenn. Ct. App. 2001).

Bowden v. Memphis Bd. of Educ., 29 S.W.3d 462 (Tenn. 2000). “Tenn.Code Ann. § 49-5-501, et seq (1996).”

Hayes v. Metro. Gov't of Nashville & Davidson Cnty., Tennessee, The (M.D. Tenn. 2021).

Marion Co. Bd. of Educ. v. Marion Co. Educ. Assoc. (Tenn. Ct. App. 2000).

— Tenn. Code Ann. § 49-5-501(11)(B)(i) — 1 case

Hayes v. Metro. Gov't of Nashville & Davidson Cnty., Tennessee, The (M.D. Tenn. 2021).

— Tenn. Code Ann. § 49-5-501(11)(B)(ii) — 1 case

Hayes v. Metro. Gov't of Nashville & Davidson Cnty., Tennessee, The (M.D. Tenn. 2021).

— Tenn. Code Ann. § 49-5-501(11)(C) — 7 cases

Emory v. Memphis City Schs. Bd. of Educ., 514 S.W.3d 129 (Tenn. 2017). “Tenn. Code Ann. § 49-5-501 (ll)(A). The Act creates two types of tenure—limited and permanent.”

Saundra Thompson v. Memphis City Schs. Bd. of Educ., 395 S.W.3d 616 (Tenn. 2012). “Thompson’s behalf, advising that the termination violated several provisions of the Tennessee Teacher Tenure Act (“Tenure Act”), Tenn.Code Ann. §§ 49-5-501 to -515 (2002), 2 including Ms.”

State ex rel. McGhee v. John, 837 S.W.2d 596 (Tenn. 1992).

Rogelynn Emory v. Memphis City Schs. Bd. of Educ., Now Known As Shelby Cnty. Bd. Of Educ. (Tenn. 2017).

— Tenn. Code Ann. § 49-5-501(3) — 8 cases

Nedra Finney v. Franklin Special Sch. Dist. Bd. Of Educ., 576 S.W.3d 663 (Tenn. Ct. App. 2018). “M2017-02080-COA-R3-CV This is an appeal of the termination of a tenured teacher’s employment pursuant to the Tenure Act, Tenn. Code Ann. §§ 49-5-501 to – 515. The Director of Schools of the Franklin Special School District filed Charges for Dismissal of the tenured teacher on…”

Morris v. Clarksville-Montgomery Cnty. Consol. Bd. of Educ., 867 S.W.2d 324 (Tenn. Ct. App. 1993).

Crosby v. Holt, 320 S.W.3d 805 (Tenn. Ct. App. 2009).

Teli White v. Shelby Cnty. Bd. of Educ. (Tenn. Ct. App. 2024).

Matthew Hawn v. Sullivan Cnty. Bd. of Educ. (Tenn. Ct. App. 2026).

— Tenn. Code Ann. § 49-5-501(3)(C) — 1 case

Pamela Lannom v. Bd. of Educ. for the Metro. Gov't of Nashville & Davidson Cnty. (Tenn. Ct. App. 2000).

— Tenn. Code Ann. § 49-5-501(3)(D) — 1 case

— Tenn. Code Ann. § 49-5-501(5) — 7 cases

Emory v. Memphis City Schs. Bd. of Educ., 514 S.W.3d 129 (Tenn. 2017). “Tenn. Code Ann. § 49-5-501 (ll)(A). The Act creates two types of tenure—limited and permanent.”

Ripley v. Anderson Cnty. Bd. of Educ., 293 S.W.3d 154 (Tenn. Ct. App. 2008).

Ketchersid v. Rhea Cnty. Boad of Educ., 174 S.W.3d 163 (Tenn. Ct. App. 2005).

Rogelynn Emory v. Memphis City Schs. Bd. of Educ., Now Known As Shelby Cnty. Bd. Of Educ. (Tenn. 2017).

— Tenn. Code Ann. § 49-5-501(6) — 4 cases

Wagner v. Haslam, 112 F. Supp. 3d 673 (M.D. Tenn. 2015).

Ketchersid v. Rhea Cnty. Boad of Educ., 174 S.W.3d 163 (Tenn. Ct. App. 2005).

Edward Harper v. Shelby Cnty. Schs. (Tenn. Ct. App. 2019).

Jacqueline Harrison v. Shelby Cnty. Bd. of Educ. (Tenn. Ct. App. 2016).

— Tenn. Code Ann. § 49-5-501(7) — 3 cases

Ripley v. Anderson Cnty. Bd. of Educ., 293 S.W.3d 154 (Tenn. Ct. App. 2008).

Crosby v. Holt, 320 S.W.3d 805 (Tenn. Ct. App. 2009).

Matthew Hawn v. Sullivan Cnty. Bd. of Educ. (Tenn. Ct. App. 2026).

— Tenn. Code Ann. § 49-5-501(7)(A) — 2 cases

Ketchersid v. Rhea Cnty. Boad of Educ., 174 S.W.3d 163 (Tenn. Ct. App. 2005).

Crosby v. Holt, 320 S.W.3d 805 (Tenn. Ct. App. 2009).

— Tenn. Code Ann. § 49-5-501(8) — 4 cases

Edward Harper v. Shelby Cnty. Schs. (Tenn. Ct. App. 2019).

Teli White v. Shelby Cnty. Bd. of Educ. (Tenn. Ct. App. 2024).

Lagina Scott v. Shelby Cnty. Bd. of Educ. (Tenn. Ct. App. 2025).

— Tenn. Code Ann. § 49-5-501(a)(2) — 2 cases

Rogelynn Emory v. Memphis City Schs. Bd. of Educ., Now Known As Shelby Cnty. Bd. Of Educ. (Tenn. 2017).

— Tenn. Code Ann. § 49-5-501(a)(3)(B) — 1 case

Ronnie Sykes v. Robbie Richardson (Tenn. Ct. App. 2002).

— Tenn. Code Ann. § 49-5-501(a)(ll)(B) — 1 case

Ray v. Bd. of Educ., 72 S.W.3d 657 (Tenn. Ct. App. 2001).

— Tenn. Code Ann. § 49-5-501(a)(ll)(C) — 1 case

Ray v. Bd. of Educ., 72 S.W.3d 657 (Tenn. Ct. App. 2001).

— Tenn. Code Ann. § 49-5-501(ll)(A) — 1 case

— Tenn. Code Ann. § 49-5-501(ll)(B) — 1 case

Bundren v. Peters, 732 F. Supp. 1486 (E.D. Tenn. 1989).

— Tenn. Code Ann. § 49-5-501(ll)(C) — 1 case

Bowden v. Memphis Bd. of Educ., 29 S.W.3d 462 (Tenn. 2000). “Tenn.Code Ann. § 49-5-501, et seq (1996).”

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