Tennessee Code Annotated

Tenn. Code Ann. § 49-5-602 (2026)

Part definitions

✓ current as of May 2026

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

(1) "Board of education" or "local board of education" has the same meaning as the term is defined in § 49-1-103;

(2) "Collaborative conferencing" means the process by which the chair of a board of education and the board's professional employees, or such representatives as either party or parties may designate, meet at reasonable times to confer, consult and discuss and to exchange information, opinions and proposals on matters relating to the terms and conditions of professional employee service, using the principles and techniques of interest-based collaborative problem-solving;

(3) "Management personnel" means those professional employees certified by the local board of education to represent the board in the collaborative conferencing process;

(4) "Management team" means employees who devote a majority of their time to the system-wide area or areas of professional personnel management, fiscal affairs or general management and shall specifically include principals, assistant principals, supervisors and others whose principal responsibilities are administration rather than teaching;

(5) "Memorandum of understanding" means the written document that memorializes and records the understanding reached by the board of education and its professional employees, or their respective representatives, if so designated, as to the terms and conditions of professional services set forth in this part. The memorandum shall be presented in its entirety to the board of education, to all professional employees covered by the memorandum and to the public, upon request;

(6) "Person" means one (1) or more individuals, organizations, associations, or their representatives;

(7) "Political activity" includes, but is not limited to:
- (A) Lobbying as defined in § 3-6-301;
- (B) Making contributions to any entity which engages in any form of political communication, including communications which mention the name of a political candidate;
- (C) Engaging in or paying for public opinion polling;
- (D) Engaging in or paying for any form of political communication, including communications which mention the name of a political candidate;
- (E) Engaging in or paying for any type of political advertising in any medium;
- (F) Telephone communication for any political purpose;
- (G) Distributing political literature of any type; or
- (H) Providing any type of in-kind help or support to or for a political candidate;

(8) "Professional employee" means any person employed by any local board of education in a position that requires a license issued by the department of education for service in public elementary and secondary schools of this state, supported, in whole or in part, by local, state or federal funds, but shall not include any member of the management team, as defined in this part, or a retired teacher who is employed as a teacher in accordance with title 8, chapter 36, part 8;

(9) "Professional employees' organization" means any organization with membership open to professional employees, as defined in subdivision (8), in which the professional employees participate and that exists for the purpose of promoting the professional status and growth of educators and the welfare of students;

(10) "Representative" includes any person, or group of persons, organization or association that is designated and authorized by professional employees or local board of education to act for the professional employees or the local board, respectively, under this part;

(11) "Strike" means the failure with others to report for duty, the willful absence from one's position, the stoppage of work or the abstinence in whole or in part from the full, faithful and proper performance of the duties of employment, and without the lawful approval of one's superior; or in any manner interfering with the operation of the public school system, for the purpose of inducing or coercing the recognition of any employee organization or a change in the conditions or compensation or the rights, privileges or obligations of employment;

(12) "Supervisor" means any professional employee of a local board of education whose full-time job responsibilities consist of oversight of other professional employees or curriculum development or both; and

(13) "Working conditions of professional employees" or "terms and conditions of professional service" means those fundamental matters that affect a professional employee financially or the employee's employment relationship with the board of education and that are specifically designated as such under this part. The term "working conditions" or "terms and conditions of professional service" is intended to be narrowly defined and does not include any matters not specifically designated under this part.

Acts 1978, ch. 570, § 3; T.C.A., § 49-5502; Acts 1987, ch. 308, § 28; 2000, ch. 903, § 4.

Notes of Decisions

Cited in 14 cases (1 in the last 5 years), 1996–2025 · leading case: Lawrence Cnty. Educ. Ass'n v. Lawrence Cnty. Bd. of Educ., 244 S.W.3d 302 (Tenn. 2007).

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Lawrence Cnty. Educ. Ass'n v. Lawrence Cnty. Bd. of Educ., 244 S.W.3d 302 (Tenn. 2007). · cites it 3× “” Tenn. Code Ann. § 49-5-602 (11) (emphasis added).”

Esquinance v. Polk Cnty. Educ. Ass'n, 195 S.W.3d 35 (Tenn. Ct. App. 2005). · cites it 13× “Dewey Esquinance is a professional employee within the meaning of Tenn. Code Ann. § 49-5-602 (11) of the Education Professional Negotiations Act (“Negotiations Act”).”

Hamilton Cnty. Educ. Ass'n v. Hamilton Cnty. Bd. of Educ., 822 F.3d 831 (6th Cir. 2016). “Tenn.Code Ann. §§ 49-5-602(4), (8), (9), -603.”

Royal Surplus Lines Ins. v. Sofamor Danek Grp., Inc., 190 F.R.D. 463 (W.D. Tenn. 1999). · cites it 3× “” § 49-5-602(13) defines "representative” as "any person, or group of persons, organization or association who is designated and authorized by the respective negotiating unit or local board of education to negotiate and act for it under the provisions of this part.”

Carter Cnty. Bd. of Educ. v. Carter Cnty. Educ. Ass'n, 56 S.W.3d 1 (Tenn. Ct. App. 1996). · cites it 3× “There is also another compelling reason the Tennessee Uniform Arbitration Act is not applicable in the case at bar — It is specifically excluded from the Education Professional Negotiations Act, TCA § 49-5-602. The issues are found in favor of the Appellee.”

Marion Cnty. Bd. of Educ. v. Marion Cnty. Educ. Ass'n, 86 S.W.3d 202 (Tenn. Ct. App. 2001). “§ 49-5-611(a) and § 49-5-602(a)(3). It would also be a non-delegable authority not subject to binding arbitration and in violation of § 49 — 2—203(a)(1) which confers the duty on the local board of education to elect principals, supervisors, etc.”

Wagner v. Haslam, 112 F. Supp. 3d 673 (M.D. Tenn. 2015). “§ 49-5-602(9)). For purposes of the instant motions, the court will assume that the plaintiffs collectively cover the interests of all potential teachers impacted by the laws and policies at issue.”

Cannon Cnty. Bd. of Educ. v. Goldy Wade & Cannon Cnty. Educ. Ass'n (Tenn. Ct. App. 2008). · cites it 10× “”2 Tenn. Code Ann. § 49-5-602 (1). Since Tennessee statutes on arbitration, including the Tennessee Arbitration Act, are inapplicable to arbitrations authorized under the EPNA, Tenn.”

Clarksville Montgomery Cnty. Educ. Ass'n v. Clarksville Montgomery Cnty. Bd. of Educ. (2025). · cites it 5× “] Tenn. Code Ann. § 49-5-602 (2). Local boards of education are required to engage in collaborative conferencing with regard to certain “terms and conditions of employment” of professional employees, as specified by Tennessee Code Annotated section 49-5-608(a).”

The Metro. Gov't of Nashville & Davidson Cnty., Tennessee v. Metro. Nashville Educ. Ass'n (Tenn. Ct. App. 2013). · cites it 2× “” Tenn. Code Ann. § 49-5-602 (8).4 In Lawrence County Education Association v.”

Wilson Cnty. Bd. of Educ. v. Wilson Cnty. Educ. Ass'n & Steve Johnson (Tenn. Ct. App. 2010). · cites it 2× “”9 Tenn. Code Ann. § 49-5-602 (1). That provision continues, however, by stating “Arbitration under this part is not governed by the provisions of title 29, chapter 5.”

Metro. Nashville Educ. Ass'n v. Nashville Bd. of Educ. (Tenn. Ct. App. 2006). · cites it 2× “Although § 49-5-602 removed arbitration under the Educational Professional Negotiations Act as codified in part 6 from the provisions of title 29, we cannot agree with Mr.”

Show all 14 citing cases →

— Tenn. Code Ann. § 49-5-602(1) — 1 case

Metro. Nashville Educ. Ass'n v. Nashville Bd. of Educ. (Tenn. Ct. App. 2006). “Although § 49-5-602 removed arbitration under the Educational Professional Negotiations Act as codified in part 6 from the provisions of title 29, we cannot agree with Mr.”

— Tenn. Code Ann. § 49-5-602(12) — 1 case

Esquinance v. Polk Cnty. Educ. Ass'n, 195 S.W.3d 35 (Tenn. Ct. App. 2005). “Dewey Esquinance is a professional employee within the meaning of Tenn. Code Ann. § 49-5-602 (11) of the Education Professional Negotiations Act (“Negotiations Act”).”

— Tenn. Code Ann. § 49-5-602(13) — 1 case

Royal Surplus Lines Ins. v. Sofamor Danek Grp., Inc., 190 F.R.D. 463 (W.D. Tenn. 1999). “” § 49-5-602(13) defines "representative” as "any person, or group of persons, organization or association who is designated and authorized by the respective negotiating unit or local board of education to negotiate and act for it under the provisions of this part.”

— Tenn. Code Ann. § 49-5-602(4) — 2 cases

Hamilton Cnty. Educ. Ass'n v. Hamilton Cnty. Bd. of Educ., 822 F.3d 831 (6th Cir. 2016). “Tenn.Code Ann. §§ 49-5-602(4), (8), (9), -603.”

Hamilton Cnty. Educ. Ass'n v. Hamilton Cnty. Bd. of Educ., 112 F. Supp. 3d 716 (E.D. Tenn. 2015).

— Tenn. Code Ann. § 49-5-602(6) — 1 case

Lawrence Cnty. Educ. Ass'n v. Lawrence Cnty. Bd. of Educ., 244 S.W.3d 302 (Tenn. 2007). “” Tenn. Code Ann. § 49-5-602 (11) (emphasis added).”

— Tenn. Code Ann. § 49-5-602(9) — 2 cases

— Tenn. Code Ann. § 49-5-602(a)(3) — 3 cases

Carter Cnty. Bd. of Educ. v. Carter Cnty. Educ. Ass'n, 56 S.W.3d 1 (Tenn. Ct. App. 1996). “There is also another compelling reason the Tennessee Uniform Arbitration Act is not applicable in the case at bar — It is specifically excluded from the Education Professional Negotiations Act, TCA § 49-5-602. The issues are found in favor of the Appellee.”

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

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