Tennessee Code Annotated

Tenn. Code Ann. § 49-5-512 (2024)

Dismissal or suspension - Hearing - Appeal

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Amended by 2014 Tenn. Acts, ch. 891, Secs.s 1, s 2 eff. 5/1/2014.

Amended by 2013 Tenn. Acts, ch. 214, s 3, eff. 4/23/2013.

Acts 1951, ch. 76, § 16 (Williams, § 2345.16); Acts 1972, ch. 588, § 1; T.C.A. (orig. ed.), § 49-1416; Acts 1992, ch. 535, § 83; 2007 , ch. 491, § 1; 2009 , ch. 353, § 1; 2009 , ch. 360, § 1; 2010 (1st Ex. Sess.), ch. 2, § 13; 2010 , ch. 925, § 1; 2012 , ch. 801, § 2.


Notes of Decisions
Cited in 53 cases (14 in the last 5 years), 1987–2026 · leading case: Emory v. Memphis City Schs. Bd. of Educ., 514 S.W.3d 129 (Tenn. 2017).
Emory v. Memphis City Schs. Bd. of Educ., 514 S.W.3d 129 (Tenn. 2017). · cites it 63× “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…”
Brown v. Bd. of Educ., 47 F. Supp. 3d 665 (W.D. Tenn. 2014). · cites it 16× “Tennessee Teacher Tenure Act Claim In Count Fifteen of his complaint, Brown alleges that he was not afforded a timely tenure hearing under the Tennessee Teacher Tenure Act, Tenn.Code Ann. § 49-5-512. (Pro Se Compl.”
Nedra Finney v. Franklin Special Sch. Dist. Bd. Of Educ., 576 S.W.3d 663 (Tenn. Ct. App. 2018). · cites it 22× “Finney requested a hearing pursuant to Tenn. Code Ann. § 49-5-512 (a), Dale Conder, Jr.”
Saundra Thompson v. Memphis City Schs. Bd. of Educ., 395 S.W.3d 616 (Tenn. 2012). · cites it 12× “Tenn.Code Ann. § 49-5-512(a). The hearing must be scheduled no later than thirty days after receipt of a teacher’s request.”
Winkler v. Tipton Cnty. Bd. of Educ., 63 S.W.3d 376 (Tenn. Ct. App. 2001). · cites it 6× “Tenn.Code Ann. § 49-5-512(a)(9). Further, without findings, the task of the reviewing court is made more difficult, for it must determine whether the evidence was sufficient to find the petitioner guilty of any of the charges even though the Board, itself, may not have so…”
Monce v. Marshall Cnty. Bd. of Educ., 307 F. Supp. 3d 805 (M.D. Tenn. 2018). · cites it 7× “Finally, Monce alleges that Abernathy's imposition of a suspension for the remainder of the school year violated the Tenured Teacher Act, Tenn. Code Ann. § 49-5-512 (d). Defendants move for summary judgment on all claims, except for the Fourth Amendment compelled drug test claim.”
Carlisa Elmi v. Cheatham Cnty. Bd. of Educ., 546 S.W.3d 630 (Tenn. Ct. App. 2017). · cites it 8× “§ 49-5-511 , and the Board is the deciding body under Tenn. Code Ann. § 49-5-512 (b). Nevertheless, it is the decision of the Board to terminate Ms.”
Van Hooser v. Warren Cnty. Bd. of Educ., 807 S.W.2d 230 (Tenn. 1991). · cites it 6× “After receiving notice of charges under the above statute, a teacher may seek a hearing before the school board pursuant to T.C.A. § 49-5-512. The teacher must notify the superintendent within 30 days of receipt of the notice of the teacher's intention to seek this hearing.”
Morris v. Clarksville-Montgomery Cnty. Consol. Bd. of Educ., 867 S.W.2d 324 (Tenn. Ct. App. 1993). · cites it 4× “Morris at a hearing as provided for by T.C.A. 49-5-512. On the same date, the Board adopted the following resolution: Be it resolved that the Clarksville-Mont-gomery County Board of Education has entertained written charges made by Dr.”
Kelley v. Shelby Cnty. Bd. of Educ., 198 F. Supp. 3d 842 (W.D. Tenn. 2016). · cites it 2× “Additionally, the next section, Tenn. Code Ann. § 49-5-512 , specifically states that a tenured teacher notified of charges pursuant to § 49-5-511 is entitled to a hearing on those charges.”
Reed v. Washington Cnty. Bd. of Educ., 756 S.W.2d 250 (Tenn. 1988). · cites it 3× “§ 49-5-511 and T.C.A. § 49-5-512. The court ordered plaintiff reinstated as a teacher in the Washington County School System and awarded plaintiff damages equal to the salary plaintiff lost due to the Board’s misconduct plus interest.”
Lee v. Franklin Special Sch. Dist. Bd. of Educ., 237 S.W.3d 322 (Tenn. Ct. App. 2007). “Subject to the appeal and review provisions of §§ 49-5-512 and 49-5-513, any teacher convicted of a felony in § 40 — 35—501 (i)(2), or convicted of an offense in § 39-17-417 shall be immediately suspended and dismissed subject to the provisions of subdivision (c)(2).”
Tenn. Code Ann. § 49-5-512(8): 1 case
Ripley v. Anderson Cnty. Bd. of Educ., 293 S.W.3d 154 (Tenn. Ct. App. 2008).
Tenn. Code Ann. § 49-5-512(a): 8 cases
Brown v. Bd. of Educ., 47 F. Supp. 3d 665 (W.D. Tenn. 2014). “Tennessee Teacher Tenure Act Claim In Count Fifteen of his complaint, Brown alleges that he was not afforded a timely tenure hearing under the Tennessee Teacher Tenure Act, Tenn.Code Ann. § 49-5-512. (Pro Se Compl.”
Saundra Thompson v. Memphis City Schs. Bd. of Educ., 395 S.W.3d 616 (Tenn. 2012). “Tenn.Code Ann. § 49-5-512(a). The hearing must be scheduled no later than thirty days after receipt of a teacher’s request.”
Saundra Thompson v. Memphis City Schs. Bd. of Educ., No. W2010-02631-COA-R3-CV, 2012 WL 134245 (Tenn. Ct. App. Jan. 18, 2012).
Pamela Dallas v. Shelby Cnty. Bd. of Educ., 603 S.W.3d 32 (Tenn. Ct. App. 2019).
Matthew Keith Hubbard v. Claiborne Cnty. Bd. of Educ., No. E2020-00517-COA-Rr3-CV (Tenn. Ct. App. Oct. 13, 2021).
Tenn. Code Ann. § 49-5-512(a)(1): 4 cases
Rogelynn Emory v. Memphis City Schs. Bd. of Educ., No. W2014-01293-SC-R11-CV (Tenn. Jan. 13, 2017).
Rogelynn Emory v. Memphis City Schs. Bd. of Educ., No. W2014-01293-SC-R11-CV (Tenn. Jan. 13, 2017).
Melanie Lemon v. Williamson Cnty. Schs., 618 S.W.3d 1 (Tenn. 2021).
Rogelynn Emory v. Memphis City Schs. Bd. of Educ., No. W2014-01293-COA-R3-CV, 2015 WL 1934397 (Tenn. Ct. App. Apr. 29, 2015).
Tenn. Code Ann. § 49-5-512(a)(2): 7 cases
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…”
Saundra Thompson v. Memphis City Schs. Bd. of Educ., 395 S.W.3d 616 (Tenn. 2012). “Tenn.Code Ann. § 49-5-512(a). The hearing must be scheduled no later than thirty days after receipt of a teacher’s request.”
Rogelynn Emory v. Memphis City Schs. Bd. of Educ., No. W2014-01293-SC-R11-CV (Tenn. Jan. 13, 2017).
Rogelynn Emory v. Memphis City Schs. Bd. of Educ., No. W2014-01293-SC-R11-CV (Tenn. Jan. 13, 2017).
Rogelynn Emory v. Memphis City Schs. Bd. of Educ., No. W2014-01293-COA-R3-CV, 2015 WL 1934397 (Tenn. Ct. App. Apr. 29, 2015).
Tenn. Code Ann. § 49-5-512(a)(3): 6 cases
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…”
Saundra Thompson v. Memphis City Schs. Bd. of Educ., 395 S.W.3d 616 (Tenn. 2012). “Tenn.Code Ann. § 49-5-512(a). The hearing must be scheduled no later than thirty days after receipt of a teacher’s request.”
Rogelynn Emory v. Memphis City Schs. Bd. of Educ., No. W2014-01293-SC-R11-CV (Tenn. Jan. 13, 2017).
Rogelynn Emory v. Memphis City Schs. Bd. of Educ., No. W2014-01293-SC-R11-CV (Tenn. Jan. 13, 2017).
Melanie Lemon v. Williamson Cnty. Schs., 618 S.W.3d 1 (Tenn. 2021).
Tenn. Code Ann. § 49-5-512(a)(4): 4 cases
Brown v. Bd. of Educ., 47 F. Supp. 3d 665 (W.D. Tenn. 2014). “Tennessee Teacher Tenure Act Claim In Count Fifteen of his complaint, Brown alleges that he was not afforded a timely tenure hearing under the Tennessee Teacher Tenure Act, Tenn.Code Ann. § 49-5-512. (Pro Se Compl.”
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…”
Nedra Finney v. Franklin Special Sch. Dist. Bd. Of Educ., 576 S.W.3d 663 (Tenn. Ct. App. 2018). “Finney requested a hearing pursuant to Tenn. Code Ann. § 49-5-512 (a), Dale Conder, Jr.”
Saundra Thompson v. Memphis City Schs. Bd. of Educ., 395 S.W.3d 616 (Tenn. 2012). “Tenn.Code Ann. § 49-5-512(a). The hearing must be scheduled no later than thirty days after receipt of a teacher’s request.”
Tenn. Code Ann. § 49-5-512(a)(5): 5 cases
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…”
Saundra Thompson v. Memphis City Schs. Bd. of Educ., 395 S.W.3d 616 (Tenn. 2012). “Tenn.Code Ann. § 49-5-512(a). The hearing must be scheduled no later than thirty days after receipt of a teacher’s request.”
Rogelynn Emory v. Memphis City Schs. Bd. of Educ., No. W2014-01293-SC-R11-CV (Tenn. Jan. 13, 2017).
Rogelynn Emory v. Memphis City Schs. Bd. of Educ., No. W2014-01293-SC-R11-CV (Tenn. Jan. 13, 2017).
Rogelynn Emory v. Memphis City Schs. Bd. of Educ., No. W2014-01293-COA-R3-CV, 2015 WL 1934397 (Tenn. Ct. App. Apr. 29, 2015).
Tenn. Code Ann. § 49-5-512(a)(6): 5 cases
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…”
Saundra Thompson v. Memphis City Schs. Bd. of Educ., 395 S.W.3d 616 (Tenn. 2012). “Tenn.Code Ann. § 49-5-512(a). The hearing must be scheduled no later than thirty days after receipt of a teacher’s request.”
Rogelynn Emory v. Memphis City Schs. Bd. of Educ., No. W2014-01293-SC-R11-CV (Tenn. Jan. 13, 2017).
Rogelynn Emory v. Memphis City Schs. Bd. of Educ., No. W2014-01293-SC-R11-CV (Tenn. Jan. 13, 2017).
Rogelynn Emory v. Memphis City Schs. Bd. of Educ., No. W2014-01293-COA-R3-CV, 2015 WL 1934397 (Tenn. Ct. App. Apr. 29, 2015).
Tenn. Code Ann. § 49-5-512(a)(7): 7 cases
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…”
Nedra Finney v. Franklin Special Sch. Dist. Bd. Of Educ., 576 S.W.3d 663 (Tenn. Ct. App. 2018). “Finney requested a hearing pursuant to Tenn. Code Ann. § 49-5-512 (a), Dale Conder, Jr.”
Saundra Thompson v. Memphis City Schs. Bd. of Educ., 395 S.W.3d 616 (Tenn. 2012). “Tenn.Code Ann. § 49-5-512(a). The hearing must be scheduled no later than thirty days after receipt of a teacher’s request.”
Rogelynn Emory v. Memphis City Schs. Bd. of Educ., No. W2014-01293-SC-R11-CV (Tenn. Jan. 13, 2017).
Rogelynn Emory v. Memphis City Schs. Bd. of Educ., No. W2014-01293-SC-R11-CV (Tenn. Jan. 13, 2017).
Tenn. Code Ann. § 49-5-512(a)(9): 6 cases
Winkler v. Tipton Cnty. Bd. of Educ., 63 S.W.3d 376 (Tenn. Ct. App. 2001). “Tenn.Code Ann. § 49-5-512(a)(9). Further, without findings, the task of the reviewing court is made more difficult, for it must determine whether the evidence was sufficient to find the petitioner guilty of any of the charges even though the Board, itself, may not have so…”
Saundra Thompson v. Memphis City Schs. Bd. of Educ., 395 S.W.3d 616 (Tenn. 2012). “Tenn.Code Ann. § 49-5-512(a). The hearing must be scheduled no later than thirty days after receipt of a teacher’s request.”
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…”
Rogelynn Emory v. Memphis City Schs. Bd. of Educ., No. W2014-01293-SC-R11-CV (Tenn. Jan. 13, 2017).
Rogelynn Emory v. Memphis City Schs. Bd. of Educ., No. W2014-01293-SC-R11-CV (Tenn. Jan. 13, 2017).
Tenn. Code Ann. § 49-5-512(a)(l): 2 cases
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…”
Saundra Thompson v. Memphis City Schs. Bd. of Educ., 395 S.W.3d 616 (Tenn. 2012). “Tenn.Code Ann. § 49-5-512(a). The hearing must be scheduled no later than thirty days after receipt of a teacher’s request.”
Tenn. Code Ann. § 49-5-512(b): 1 case
Scott A. Padgett v. Clarksville-Montgomery Cnty. Sch. Sys., No. M2017-01751-COA-R3-CV (Tenn. Ct. App. Nov. 9, 2018).
Tenn. Code Ann. § 49-5-512(c)(1): 1 case
Matthew Keith Hubbard v. Claiborne Cnty. Bd. of Educ., No. E2020-00517-COA-Rr3-CV (Tenn. Ct. App. Oct. 13, 2021).
Tenn. Code Ann. § 49-5-512(c)(3): 2 cases
Monce v. Marshall Cnty. Bd. of Educ., 307 F. Supp. 3d 805 (M.D. Tenn. 2018). “Finally, Monce alleges that Abernathy's imposition of a suspension for the remainder of the school year violated the Tenured Teacher Act, Tenn. Code Ann. § 49-5-512 (d). Defendants move for summary judgment on all claims, except for the Fourth Amendment compelled drug test claim.”
Teli White v. Shelby Cnty. Bd. of Educ., No. W2020-00278-COA-R3-CV (Tenn. Ct. App. Mar. 22, 2022).
Tenn. Code Ann. § 49-5-512(c)(4): 3 cases
Nedra Finney v. Franklin Special Sch. Dist. Bd. Of Educ., 576 S.W.3d 663 (Tenn. Ct. App. 2018). “Finney requested a hearing pursuant to Tenn. Code Ann. § 49-5-512 (a), Dale Conder, Jr.”
Matthew Hawn v. Sullivan Cnty. Bd. of Educ., No. E2025-00027-COA-R3-CV (Tenn. Ct. App. May 26, 2026).
Matthew Keith Hubbard v. Claiborne Cnty. Bd. of Educ., No. E2020-00517-COA-Rr3-CV (Tenn. Ct. App. Oct. 13, 2021).
Tenn. Code Ann. § 49-5-512(c)(7): 2 cases
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…”
Nedra Finney v. Franklin Special Sch. Dist. Bd. Of Educ., 576 S.W.3d 663 (Tenn. Ct. App. 2018). “Finney requested a hearing pursuant to Tenn. Code Ann. § 49-5-512 (a), Dale Conder, Jr.”
Tenn. Code Ann. § 49-5-512(c)(l): 1 case
Brown v. Bd. of Educ., 47 F. Supp. 3d 665 (W.D. Tenn. 2014). “Tennessee Teacher Tenure Act Claim In Count Fifteen of his complaint, Brown alleges that he was not afforded a timely tenure hearing under the Tennessee Teacher Tenure Act, Tenn.Code Ann. § 49-5-512. (Pro Se Compl.”
Tenn. Code Ann. § 49-5-512(d): 3 cases
Melanie Lemon v. Williamson Cnty. Schs., 618 S.W.3d 1 (Tenn. 2021).
Teli White v. Shelby Cnty. Bd. of Educ., No. W2023-01226-COA-R3-CV (Tenn. Ct. App. Dec. 18, 2024).
Rebecca Byrd v. Clarksville-Montgomery Cnty. Sch. Sys., No. M2023-01210-COA-R3-CV (Tenn. Ct. App. June 28, 2024).
Tenn. Code Ann. § 49-5-512(d)(1): 1 case
McLaughlin v. Sullivan Cnty. Bd. of Educ., No. 2:20-cv-00243 (E.D. Tenn. Aug. 24, 2021).
Tenn. Code Ann. § 49-5-512(d)(2): 1 case
McLaughlin v. Sullivan Cnty. Bd. of Educ., No. 2:20-cv-00243 (E.D. Tenn. Aug. 24, 2021).
Tenn. Code Ann. § 49-5-512(d)(4): 2 cases
Teli White v. Shelby Cnty. Bd. of Educ., No. W2020-00278-COA-R3-CV (Tenn. Ct. App. Mar. 22, 2022).
McLaughlin v. Sullivan Cnty. Bd. of Educ., No. 2:20-cv-00243 (E.D. Tenn. Aug. 24, 2021).
Tenn. Code Ann. § 49-5-512(d)(5): 1 case
Rebecca Byrd v. Clarksville-Montgomery Cnty. Sch. Sys., No. M2023-01210-COA-R3-CV (Tenn. Ct. App. June 28, 2024).
Tenn. Code Ann. § 49-5-512(e)(4): 1 case
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…”
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