Tenn. Code Ann. » Tenn. Code / Title 49 / Chapter 5 / Part 6
Tennessee Code Annotated

Tenn. Code Ann. § 49-5-604 (2026)

Rights preserved

✓ current as of May 2026
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Acts 2011, ch. 378, § 1.

Notes of Decisions
Cited in 10 cases, 1985–2016 · 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. § 49-5-604 (a) (2002). The scope of the bargaining may “extend to all matters negotiated,” but must not conflict with federal, state, or local laws, or the rights of either the board of education or the professional employees as defined by EPNA.”
Marion Cnty. Bd. of Educ. v. Marion Cnty. Educ. Ass'n, 86 S.W.3d 202 (Tenn. Ct. App. 2001). · cites it 4× “Tenn.Code Ann. § 49-5-604 specifically expresses the legislative intent in this regard: Those rights and responsibilities of boards of education, superintendents and professional employees as contained in this title are not statutorily modified or repealed by this part.”
Hamilton Cnty. Educ. Ass'n v. Hamilton Cnty. Bd. of Educ., 822 F.3d 831 (6th Cir. 2016). “Under Tenn. Code Ann. § 49-5-604 (b), however, PEC-CA would not govern the parties’ relationship until the expiration of their existing agreement on June 30, 2014.”
Carter Cnty. Bd. of Educ. v. Carter Cnty. Educ. Ass'n, 56 S.W.3d 1 (Tenn. Ct. App. 1996). · cites it 4× “It is a right and responsibility ‘preserved’ to the Board (T.C.A. § 49-5-604(a)), and the scope of any collective bargaining agreement cannot contain any proposal contrary to that right.”
Lawrence Cnty. Educ. Ass'n v. The Lawrence Cnty. Bd. of Educ. (Tenn. Ct. App. 2005). · cites it 4× “In the Negotiations Act, the General Assembly chose to limit the conditions of employment subject to required negotiation, Tenn. Code Ann. § 49-5-611 (a),5 to limit the scope of any resulting agreement, Tenn.”
Memphis Educ. Ass'n v. Bd. of Educ., 706 S.W.2d 88 (Tenn. Ct. App. 1985). · cites it 6× “As a result, the Act was amended by what is referred to as a “grandfather clause,” which provides the following at T.C.A. § 49-5-604(b): This part shall not operate so as to annul, modify, or preclude the renewal or continuation of any recognition heretofore entered into between…”
Marion Co. Bd. of Educ. v. Marion Co. Educ. Assoc. (Tenn. Ct. App. 2000). · cites it 4× “Tenn. Code Ann. § 49-5-604 specifically expresses the legislative intent in this regard: Those rights and responsibilities of boards of education, superintendents and professional employees as contained in this title are not statutorily modified or repealed by this part.”
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. § 49-5-604 (a). Furthermore, in Metropolitan Nashville Education Association v.”
Cannon Cnty. Bd. of Educ. v. Goldy Wade & Cannon Cnty. Educ. Ass'n (Tenn. Ct. App. 2008). · cites it 2× “” Tenn. Code Ann. § 49-5-604 . It is the role and the duty of the courts to determine the scope of authority of a local school board.”
The Polk Cnty. Bd. of Educ. v. The Polk Cnty. Educ. Ass'n (Tenn. Ct. App. 2002). · cites it 2× “The Board maintains that allowing a challenge to this increase via a claimed violation of the terms of the Agreement would result in the Agreement being used to violate state law, which is prohibited by Tenn. Code Ann. § 49-5-612 (a)(1). The third statutory provision the Board…”
— Tenn. Code Ann. § 49-5-604(a) — 1 case
Carter Cnty. Bd. of Educ. v. Carter Cnty. Educ. Ass'n, 56 S.W.3d 1 (Tenn. Ct. App. 1996). “It is a right and responsibility ‘preserved’ to the Board (T.C.A. § 49-5-604(a)), and the scope of any collective bargaining agreement cannot contain any proposal contrary to that right.”
— Tenn. Code Ann. § 49-5-604(b) — 1 case
Memphis Educ. Ass'n v. Bd. of Educ., 706 S.W.2d 88 (Tenn. Ct. App. 1985). “As a result, the Act was amended by what is referred to as a “grandfather clause,” which provides the following at T.C.A. § 49-5-604(b): This part shall not operate so as to annul, modify, or preclude the renewal or continuation of any recognition heretofore entered into between…”
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