Tennessee Code Annotated

Tenn. Code Ann. § 49-5-511 (2026)

Dismissal or suspension of teachers - Causes for dismissal - Position reduction - Written notice - Preferred list for employment - Convictions - License revocation

✓ current as of May 2026

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(a)
- (1) No teacher shall be dismissed or suspended except as provided in this part.
- (2) The causes for which a teacher may be dismissed or suspended are: incompetence, inefficiency, neglect of duty, unprofessional conduct, and insubordination, as defined in § 49-5-501.
- (3) A director of schools may suspend a teacher at any time that may seem necessary, pending investigation or final disposition of a case before the board or an appeal. If the matter under investigation is not the subject of an ongoing criminal investigation or a department of children's services investigation, and if no charges have been made pursuant to subdivision (a)(4), a suspension pending investigation shall not exceed ninety (90) days in duration. If vindicated or reinstated, the teacher shall be paid the full salary for the period during which the teacher was suspended.
- (4) When charges are made to the board of education against a teacher, charging the teacher with offenses that would justify dismissal of the teacher under the terms of this part, the charges shall be made in writing, specifically stating the offenses that are charged, and shall be signed by the party or parties making the charges.
- (5) If, in the opinion of the board, charges are of such a nature as to warrant the dismissal of the teacher, the director of schools shall give the teacher a written notice of this decision, together with a copy of the charges and a copy of a form, which shall be provided by the commissioner of education, advising the teacher as to the teacher's legal duties, rights, and recourse under the terms of this part.

(b)
- (1) When it becomes necessary to reduce the number of teaching positions or nonlicensed positions in the system because of a decrease in enrollment or for other good reasons, the board shall be empowered to dismiss such teachers or nonlicensed employees based on their level of effectiveness determined by the evaluation pursuant to § 49-1-302 for licensed employees and an evaluation of work performance for nonlicensed employees.
- (2) The board shall give the teacher or nonlicensed employee written notice of dismissal explaining fully the circumstances or conditions making the dismissal necessary.
- (3) A teacher rated in the three (3) highest categories based on evaluations pursuant to § 49-1-302 who has been dismissed because of abolition of a position shall be placed on a list for reemployment. Nothing in this subsection (b) shall be construed to deprive the director of schools of the power to determine the filling of such vacancy on the basis of the director of schools' evaluation of the teacher's competence, compatibility, and suitability to properly discharge the duties required for the vacant position considered in the light of the best interest of the students in the school where the vacancy exists. A principal may refuse to accept the placement or transfer of a teacher by the director of schools to the principal's school. The teacher's most recent evaluations shall be a factor in such determination.
- (4) The right to remain on the preferred list for employment shall remain in effect until:
  - (A) The teacher accepts a bona fide offer of reemployment for a comparable position within the LEA; or
  - (B) The teacher rejects four (4) bona fide offers of reemployment for comparable positions within the LEA.

(c)
- (1) Notwithstanding subsection (a), but subject to the appeal and review provisions of §§ 49-5-512 and 49-5-513, any teacher convicted of a felony listed in § 40-35-501(i)(2) or convicted of an offense listed in § 39-17-417 shall be immediately suspended, and dismissed subject to subdivision (c)(2).
- (2) If the dismissal of the teacher is upheld in the board and court reviews provided for in §§ 49-5-512 and 49-5-513, the director shall notify in writing the commissioner of education who shall begin licensure revocation proceedings under applicable rules of the state board of education.

Amended by 2013 Tenn. Acts, ch. 369, s 1, eff. 7/1/2014.

Amended by 2014 Tenn. Acts, ch. 684, s 1, eff. 7/1/2014.

Acts 1951, ch. 76, §§ 2, 6, 7, 15 (Williams, §§ 2345.2, 2345.6, 2345.7, 2345.15); Acts 1955, ch. 343, § 2; T.C.A. (orig. ed.), §§ 49-1410, 49-1412 -- 49-1415; Acts 1989, ch. 197, § 1; 1990, ch. 948, § 23; 1999, ch. 43, § 1; 2001, ch. 197, § 1; 2002, ch. 535, § 1; 2008 , ch. 612, §§ 1 - 3; 2011 , ch. 70, § 9; 2011 , ch. 378, § 3; 2012 , ch. 801, § 1; 2012 , ch. 1012, § 1.

Notes of Decisions

Cited in 83 cases (14 in the last 5 years), 1984–2026 · leading case: Lee v. Franklin Special Sch. Dist. Bd. of Educ., 237 S.W.3d 322 (Tenn. Ct. App. 2007).

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Lee v. Franklin Special Sch. Dist. Bd. of Educ., 237 S.W.3d 322 (Tenn. Ct. App. 2007). · cites it 35× “Lee, shall be dismissed or suspended except as provided in Tenn.Code Ann. § 49-5-511. The causes for which a teacher may be dismissed include incompetence, inefficiency, neglect of duty, unprofessional conduct and insubordination.”

Kelley v. Shelby Cnty. Bd. of Educ., 198 F. Supp. 3d 842 (W.D. Tenn. 2016). · cites it 41× “*846 Plaintiffs argue that Defendants violated Tenn. Code Ann. § 49-5-511 and deprived them of their constitutional rights to due process when Plaintiffs were laid off from their teaching positions with Shelby County Schools in the summer of 2014.”

Saundra Thompson v. Memphis City Schs. Bd. of Educ., 395 S.W.3d 616 (Tenn. 2012). · cites it 28× “The Court concludes that the procedures in Tenn.Code Ann. §§ 49-5-511 and 49-5-512 pertaining to the dismissal of a tenured teacher do not apply in the case of a teacher who is no longer an employee of the school system, and therefore concludes that the hearing sought to be…”

Brown v. Bd. of Educ., 47 F. Supp. 3d 665 (W.D. Tenn. 2014). · cites it 13× “After receiving notice, Brown was entitled to request a full and complete hearing before an impartial hearing officer.”

Emory v. Memphis City Schs. Bd. of Educ., 514 S.W.3d 129 (Tenn. 2017). · cites it 10× “Emory also challenges the remedy crafted by the Court of Appeals, but, not surprisingly, frames the issue differently: “Does the Court of Appeals have the authority under the Tenure Act to award partial back pay where Tenn. Code Ann. § 49-5-511 (a)(3) requires an award of full…”

Van Hooser v. Warren Cnty. Bd. of Educ., 807 S.W.2d 230 (Tenn. 1991). · cites it 40× “T.C.A. § 49-5-511, in pertinent part provides: Dismissal or suspension of teachers in general.”

Mumford v. Bd. of Ed. of City of Memphis, 173 S.W.3d 452 (Tenn. Ct. App. 2004). · cites it 27× “After teacher was reinstated, he sought to recover lost wages under T.C.A. § 49-5-511. Trial court found that teacher was entitled to recover but that such recovery should be offset by wages earned during the period of suspension.”

Nedra Finney v. Franklin Special Sch. Dist. Bd. Of Educ., 576 S.W.3d 663 (Tenn. Ct. App. 2018). · cites it 6× “” Tenn. Code Ann. § 49-5-511 (a)(4) (emphasis added).”

Carlisa Elmi v. Cheatham Cnty. Bd. of Educ., 546 S.W.3d 630 (Tenn. Ct. App. 2017). · cites it 12× “This includes whether the teacher is entitled to back pay pursuant to Tenn. Code Ann. § 49-5-511 (a)(3) and, if so, in what amount.”

Winkler v. Tipton Cnty. Bd. of Educ., 63 S.W.3d 376 (Tenn. Ct. App. 2001). · cites it 5× “ANALYSIS The statute pursuant to which the petitioner was charged, and, ultimately, suspended for a semester is Tennessee Code Annotated Section 49-5-511 (1996), which provides in pertinent part as follows: Dismissal or suspension of teachers generally, (a)(1) No teacher shall…”

Webb v. Cnty. Bd. of Educ., 471 U.S. 234 (1985). · cites it 2× “" [2] Tenn. Code Ann. § 49-5-511 (a) (1983) ("No teacher shall be dismissed.”

Lyons v. Rasar, 872 S.W.2d 895 (Tenn. 1994). · cites it 2× “See Tenn.Code Ann. § 49-5-511 (1990). Soon after, Lyons brought this action claiming that she was a tenured teacher and as such, her rights under the Tennessee Teachers Tenure Act were violated when she was not rehired by the Board.”

Show all 83 citing cases →

— Tenn. Code Ann. § 49-5-511(2) — 1 case

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

— Tenn. Code Ann. § 49-5-511(a) — 9 cases

Brown v. Bd. of Educ., 47 F. Supp. 3d 665 (W.D. Tenn. 2014). “After receiving notice, Brown was entitled to request a full and complete hearing before an impartial hearing officer.”

Van Hooser v. Warren Cnty. Bd. of Educ., 807 S.W.2d 230 (Tenn. 1991). “T.C.A. § 49-5-511, in pertinent part provides: Dismissal or suspension of teachers in general.”

Jones v. Brown, 727 S.W.2d 497 (Tenn. 1987).

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

Shawn Runions v. Bill Emerson (Tenn. Ct. App. 2005).

— Tenn. Code Ann. § 49-5-511(a)(1) — 5 cases

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

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

Melanie Lemon v. Williamson Cnty. Schs. (Tenn. 2021).

Rogelynn Emory v. Memphis City Schs. Bd. of Educ., now known as Shelby Cnty. Bd. of Educ. (Tenn. Ct. App. 2015).

— Tenn. Code Ann. § 49-5-511(a)(2) — 16 cases

Saundra Thompson v. Memphis City Schs. Bd. of Educ., 395 S.W.3d 616 (Tenn. 2012). “The Court concludes that the procedures in Tenn.Code Ann. §§ 49-5-511 and 49-5-512 pertaining to the dismissal of a tenured teacher do not apply in the case of a teacher who is no longer an employee of the school system, and therefore concludes that the hearing sought to be…”

Emory v. Memphis City Schs. Bd. of Educ., 514 S.W.3d 129 (Tenn. 2017). “Emory also challenges the remedy crafted by the Court of Appeals, but, not surprisingly, frames the issue differently: “Does the Court of Appeals have the authority under the Tenure Act to award partial back pay where Tenn. Code Ann. § 49-5-511 (a)(3) requires an award of full…”

Lee v. Franklin Special Sch. Dist. Bd. of Educ., 237 S.W.3d 322 (Tenn. Ct. App. 2007). “Lee, shall be dismissed or suspended except as provided in Tenn.Code Ann. § 49-5-511. The causes for which a teacher may be dismissed include incompetence, inefficiency, neglect of duty, unprofessional conduct and insubordination.”

Knox Cnty. Educ. Ass'n v. Knox Cnty. Bd. of Educ., 60 S.W.3d 65 (Tenn. Ct. App. 2001).

Van Hooser v. Warren Cnty. Bd. of Educ., 807 S.W.2d 230 (Tenn. 1991). “T.C.A. § 49-5-511, in pertinent part provides: Dismissal or suspension of teachers in general.”

— Tenn. Code Ann. § 49-5-511(a)(2)(4) — 1 case

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

— Tenn. Code Ann. § 49-5-511(a)(3) — 13 cases

Van Hooser v. Warren Cnty. Bd. of Educ., 807 S.W.2d 230 (Tenn. 1991). “T.C.A. § 49-5-511, in pertinent part provides: Dismissal or suspension of teachers in general.”

Kelley v. Shelby Cnty. Bd. of Educ., 198 F. Supp. 3d 842 (W.D. Tenn. 2016). “*846 Plaintiffs argue that Defendants violated Tenn. Code Ann. § 49-5-511 and deprived them of their constitutional rights to due process when Plaintiffs were laid off from their teaching positions with Shelby County Schools in the summer of 2014.”

Jones v. Brown, 727 S.W.2d 497 (Tenn. 1987).

— Tenn. Code Ann. § 49-5-511(a)(4) — 5 cases

Saunders v. Anderson, 746 S.W.2d 185 (Tenn. 1987).

Saundra Thompson v. Memphis City Schs. Bd. of Educ. (Tenn. Ct. App. 2012).

Arlon Way v. Jim Hall & The Cumberland Cnty. Bd. of Ed. (Tenn. Ct. App. 2001).

— Tenn. Code Ann. § 49-5-511(a)(5) — 7 cases

Saundra Thompson v. Memphis City Schs. Bd. of Educ. (Tenn. Ct. App. 2012).

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

Melanie Lemon v. Williamson Cnty. Schs. (Tenn. 2021).

— Tenn. Code Ann. § 49-5-511(a)(l) — 2 cases

— Tenn. Code Ann. § 49-5-511(b) — 12 cases

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

Williams v. Shelby Cnty. Bd. of Educ. (W.D. Tenn. 2019).

Williams v. Shelby Cnty. Bd. of Educ. (W.D. Tenn. 2020).

Williams v. Shelby Cnty. Bd. of Educ. (W.D. Tenn. 2022).

Williams v. Shelby Cnty. Bd. of Educ. (W.D. Tenn. 2020).

— Tenn. Code Ann. § 49-5-511(b)(1) — 9 cases

Forrest v. Trousdale Cnty. Bd. of Educ., 954 F. Supp. 2d 720 (M.D. Tenn. 2013).

Williams v. Shelby Cnty. Bd. of Educ. (W.D. Tenn. 2020).

Marcia Kelley v. Shelby Cty. Bd. of Educ. (6th Cir. 2018).

Williams v. Shelby Cnty. Bd. of Educ. (W.D. Tenn. 2019).

— Tenn. Code Ann. § 49-5-511(b)(2) — 2 cases

Williams v. Shelby Cnty. Bd. of Educ. (W.D. Tenn. 2019).

Marcia Kelley v. Shelby Cty. Bd. of Educ. (6th Cir. 2018).

— Tenn. Code Ann. § 49-5-511(b)(3) — 8 cases

Randall v. Hankins, 733 S.W.2d 871 (Tenn. 1987).

Randall v. Hankins, 675 S.W.2d 712 (Tenn. Ct. App. 1984).

Williams v. Shelby Cnty. Bd. of Educ. (W.D. Tenn. 2022).

— Tenn. Code Ann. § 49-5-511(b)(4)(A) — 1 case

— Tenn. Code Ann. § 49-5-511(b)(4)(B) — 1 case

— Tenn. Code Ann. § 49-5-511(b)(l) — 2 cases

Randall v. Hankins, 733 S.W.2d 871 (Tenn. 1987).

— Tenn. Code Ann. § 49-5-511(c)(1) — 2 cases

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