Tennessee Code Annotated
Tenn. Code Ann. § 49-5-504 (2026)
Probation
✓ current as of May 2026
- (a) Any teacher, otherwise qualified for tenure status, shall meet the following requirements prior to becoming eligible for tenure status:
- (1) Served five (5) school years or not less than forty-five (45) months within a seven-year period as a probationary teacher; and
- (2) Received evaluations demonstrating an overall performance effectiveness level of "above expectations" or "significantly above expectations" provided by the evaluation guidelines adopted by the state board of education pursuant to § 49-1-302, during the last two (2) years of their probationary period; provided, however, that a teacher who has met all other requirements for tenure eligibility but has not acquired an official evaluation score during the last one (1) or two (2) years of the probationary period due to an approved extended leave; transfer to another school or position within the school district; or invalidated data due to a successful local level evaluation grievance pursuant to § 49-1-302(d)(2)(A) may utilize the most recent two (2) years of available evaluation scores achieved during the probationary period to meet this subdivision (a)(2).
- (b) Notwithstanding any other law to the contrary, once a teacher is eligible for tenure, the teacher shall be either recommended by the director of schools for tenure or nonrenewed; provided, however, that the teacher cannot be continued in employment if tenure is not granted by the board of education.
- (c) Time spent on leave of absence, except sick leave as provided in § 49-5-710, shall not be counted as a part of the probationary period.
- (d) A teacher who has attained tenure status in a school system and later resigns from the system shall serve a two-year probationary period upon reemployment by the system, unless the probationary period is waived by the board of education upon request of the director of schools. Upon completion of the two-year probationary period, the teacher shall be eligible for tenure and shall be either recommended by the director of schools for tenure or nonrenewed; provided, however, that the teacher cannot be continued in employment if tenure is not granted by the board of education.
- (e) Any teacher who, after acquiring tenure status, receives two (2) consecutive years of evaluations demonstrating an overall performance effectiveness level of "below expectations" or "significantly below expectations," as provided by the evaluation guidelines adopted by the state board of education pursuant to § 49-1-302, shall be returned to probationary status by the director of schools until the teacher has received two (2) consecutive years of evaluations demonstrating an overall performance effectiveness level of "above expectations" or "significantly above expectations." When a teacher who has returned to probationary status has received two (2) consecutive years of evaluations demonstrating an overall performance effectiveness level of "above expectations" or "significantly above expectations," the teacher is again eligible for tenure and shall be either recommended by the director of schools for tenure or nonrenewed; provided, however, that the teacher cannot be continued in employment if tenure is not granted by the board of education.
- (f) Subsection (e) does not apply to teachers who acquired tenure prior to July 1, 2011.
Amended by 2015 Tenn. Acts, ch. 158, s 7, eff. 4/16/2015.
Acts 1951, ch. 76, §§ 4, 8 (Williams, §§ 2345.4, 2345.8); Acts 1965, ch. 195, § 1; 1973, ch. 298, § 1; T.C.A (orig. ed.), §§ 49-1403, 49-1406; Acts 1987, ch. 308, § 26; 2006, ch. 574, §§ 1, 2; 2011 , ch. 70, § 8.
Notes of Decisions
Cited in 18
cases (1 in the last 5 years), 1987–2021 · leading case: Bowden v. Memphis Bd. of Educ., 29 S.W.3d 462 (Tenn. 2000).
Bowden v. Memphis Bd. of Educ., 29 S.W.3d 462 (Tenn. 2000). “After examining the language and purpose of Tenn. Code Ann. § 49-5-504 (b), as well as the Sanders decision, we held that “TenmCode Ann.”
Joe D. Pennycuff v. Fentress Cnty. Bd. of Educ. & Homer Lee Linder, Jr., Superintendent of Fentress Cnty. Schs., 404 F.3d 447 (6th Cir. 2005). “Although the record reflects that Penny-cuff completed the three year probationary period at the end of the 1995-96 school year and even that he was automatically rehired as if he had tenure for the 1996-97 and 1997-98 school years, it is undisputed that the superintendent never…”
Reeves v. Etowah City Sch. Bd. of Educ., 806 S.W.2d 176 (Tenn. 1991). “We disagree with the Chancellor that the superintendent had not been reemployed by the School Board after the probationary period, but affirm the holding that the superintendent is not entitled to permanent tenure, because he failed to comply with that part of the Act —…”
Ray v. Bd. of Educ., 72 S.W.3d 657 (Tenn. Ct. App. 2001). “§ 49-5-504 addresses the teachers’ probationary periods and attainment of tenure as follows: (a) Any teacher, otherwise qualified for “permanent tenure” status .”
Reed v. Washington Cnty. Bd. of Educ., 756 S.W.2d 250 (Tenn. 1988). “In addition, T.C.A. § 49-5-504 provides: (a) Any teacher, otherwise qualified for “permanent tenure” status or “limited tenure” status shall serve three (3) years or not less than twenty-seven (27) months within a five (5) year period as a probationary teacher before acquiring…”
Lyons v. Rasar, 872 S.W.2d 895 (Tenn. 1994). “A majority of the Court of Appeals affirmed on the separate grounds that Lyons did not acquire tenure because the Board was not notified by Superintendent Rasar prior to Lyons’ fourth year rehiring that she would obtain tenure if re-employed as required by Tenn.Code Ann. §…”
Jones v. Brown, 727 S.W.2d 497 (Tenn. 1987). “See T.C.A. § 49-5-504(b). In the case at bar, Plaintiff Jones already had “permanent tenure” status, having previously complied with all the essential pre-requisites set out in T.”
Pamela Dallas v. Shelby Cnty. Bd. of Educ. (Tenn. Ct. App. 2019). “Tenn. Code Ann. § 49-5-503 (a) (2014);5 see also Tenn.”
Wagner v. Haslam, 112 F. Supp. 3d 673 (M.D. Tenn. 2015). “§ 49-5-504(e)-(f). Furthermore, in fourteen of Tennessee’s school districts, teachers are eligible -to receive a performance bonus under the Teacher Incentive Fund Grant (“T-IF”) program, provided that they meet district-specific eligibility criteria.”
Jacqueline Harrison v. Shelby Cnty. Bd. of Educ. (Tenn. Ct. App. 2016). “” Tenn. Code Ann. § 49-5-504 (e). However, Tennessee Code Annotated Section 49-5-504(f) specifically states that “subsection (e) does not apply to teachers who acquired tenure prior to July 1, 2011.”
Virnie Fulks v. J. Hulan Watson (Tenn. Ct. App. 2001). “Tenn. Code Ann. § 49-5-504 (b). Tenure is never automatically granted, and compliance with the prerequisites of Tenn.”
Pennycuff v. Fentress Cnty Bd Ed (6th Cir. 2005). “Tenn. Code Ann. § 49-5-503 (2)(C). Tenn. Code Ann.”
— Tenn. Code Ann. § 49-5-504(6) — 1 case
Debord v. Bledsoe (Tenn. Ct. App. 1995).
— Tenn. Code Ann. § 49-5-504(b) — 13 cases
Bowden v. Memphis Bd. of Educ., 29 S.W.3d 462 (Tenn. 2000). “After examining the language and purpose of Tenn. Code Ann. § 49-5-504 (b), as well as the Sanders decision, we held that “TenmCode Ann.”
Joe D. Pennycuff v. Fentress Cnty. Bd. of Educ. & Homer Lee Linder, Jr., Superintendent of Fentress Cnty. Schs., 404 F.3d 447 (6th Cir. 2005). “Although the record reflects that Penny-cuff completed the three year probationary period at the end of the 1995-96 school year and even that he was automatically rehired as if he had tenure for the 1996-97 and 1997-98 school years, it is undisputed that the superintendent never…”
Reeves v. Etowah City Sch. Bd. of Educ., 806 S.W.2d 176 (Tenn. 1991). “We disagree with the Chancellor that the superintendent had not been reemployed by the School Board after the probationary period, but affirm the holding that the superintendent is not entitled to permanent tenure, because he failed to comply with that part of the Act —…”
Ray v. Bd. of Educ., 72 S.W.3d 657 (Tenn. Ct. App. 2001). “§ 49-5-504 addresses the teachers’ probationary periods and attainment of tenure as follows: (a) Any teacher, otherwise qualified for “permanent tenure” status .”
Lyons v. Rasar, 872 S.W.2d 895 (Tenn. 1994). “A majority of the Court of Appeals affirmed on the separate grounds that Lyons did not acquire tenure because the Board was not notified by Superintendent Rasar prior to Lyons’ fourth year rehiring that she would obtain tenure if re-employed as required by Tenn.Code Ann. §…”
— Tenn. Code Ann. § 49-5-504(d) — 1 case
Pamela Dallas v. Shelby Cnty. Bd. of Educ. (Tenn. Ct. App. 2019). “Tenn. Code Ann. § 49-5-503 (a) (2014);5 see also Tenn.”
— Tenn. Code Ann. § 49-5-504(e) — 2 cases
Wagner v. Haslam, 112 F. Supp. 3d 673 (M.D. Tenn. 2015). “§ 49-5-504(e)-(f). Furthermore, in fourteen of Tennessee’s school districts, teachers are eligible -to receive a performance bonus under the Teacher Incentive Fund Grant (“T-IF”) program, provided that they meet district-specific eligibility criteria.”
Jacqueline Harrison v. Shelby Cnty. Bd. of Educ. (Tenn. Ct. App. 2016). “” Tenn. Code Ann. § 49-5-504 (e). However, Tennessee Code Annotated Section 49-5-504(f) specifically states that “subsection (e) does not apply to teachers who acquired tenure prior to July 1, 2011.”
— Tenn. Code Ann. § 49-5-504(f) — 1 case
Jacqueline Harrison v. Shelby Cnty. Bd. of Educ. (Tenn. Ct. App. 2016). “” Tenn. Code Ann. § 49-5-504 (e). However, Tennessee Code Annotated Section 49-5-504(f) specifically states that “subsection (e) does not apply to teachers who acquired tenure prior to July 1, 2011.”
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