Tennessee Code Annotated
Tenn. Code Ann. § 49-5-609 (2026)
Memorandum of understanding
✓ current as of May 2026
- (a) The scope of a memorandum shall extend to those matters of mutual agreement between the board of education and the professional employees; provided, that its scope shall not include proposals contrary to:
- (1) Federal or state law or applicable municipal charter;
- (2) Professional employee rights defined in this part; or
- (3) Board of education rights contained in this title.
- (b) If agreement is reached by the management personnel of the board of education and the representatives of its professional employees, they shall jointly prepare a proposed memorandum of understanding. The board of education may enter into the memorandum for a period not to exceed three (3) years. Any items included within the memorandum that require funding shall not be considered effective until such time as the body empowered to appropriate the funds has approved a budget that includes sufficient funding. If the amount of funds appropriated is less than the amount required to address the matters of collaborative conferencing, then the parties may continue to confer to reach agreement within the amount of funds appropriated.
- (c) A memorandum of understanding shall be binding on the parties from the date of its approval by the board of education as an item on the agenda of a regular or special called board meeting or at a later effective date that is explicitly stated in the memorandum of understanding.
- (d) Nothing in this part shall be construed to require collaborative conferencing, agreement on any terms and conditions of employment, or, if agreement has not been reached between the board of education and the representatives of the professional employees, a memorandum of understanding. Absent an agreement and memorandum of understanding on terms and conditions specified for collaborative conferencing in this part, the board of education shall have the authority to address such terms and conditions through board policy.
Acts 2011, ch. 378, § 1.
Notes of Decisions
Cited in 12
cases, 1984–2015 · leading case: Smith Cnty. Educ. Ass'n v. Anderson, 676 S.W.2d 328 (Tenn. 1984).
Smith Cnty. Educ. Ass'n v. Anderson, 676 S.W.2d 328 (Tenn. 1984). “Anderson, the Superintendent of Smith County Schools, alleging the Defendants *330 had committed acts made unlawful by the Education Professional Negotiations Act, T.C.A. § 49-5-609, and had violated the Tennessee Open Meetings Act, T.”
Dr. William P. Harman v. Univ. of Tennessee, 353 S.W.3d 734 (Tenn. 2011). “”; (Educational Professional Negotiations Act) Tenn. Code Ann. § 49-5-609 (a)(6) (2009) (emphasis added) (“It is unlawful for a board of education or its designated representative to: Discharge or discriminate against an employee because the employee has filed an affidavit,…”
Marion Cnty. Bd. of Educ. v. Marion Cnty. Educ. Ass'n, 86 S.W.3d 202 (Tenn. Ct. App. 2001). “Stewart asserted a eoun-terclaim against the Board, alleging that the Board’s refusal to arbitrate violated the collective bargaining agreement and Tenn.Code Ann. § 49-5-609(a) and sought an order requiring the Board to proceed with arbitration.”
Hamblen Cnty. Educ. Ass'n v. Hamblen Cnty. Bd. of Educ., 892 S.W.2d 428 (Tenn. Ct. App. 1994). “We further hold and find that the adoption and implementation by the Board of the early retirement incentive program is an unlawful act in violation of T.C.A. § 49-5-609, and the Board is hereby enjoined from implementing the program it adopted March 8, 1993.”
Franklin Cnty. Bd. of Educ. v. Crabtree, 337 S.W.3d 808 (Tenn. Ct. App. 2010). “They also asserted that the Board had *811 refused to arbitrate in good faith in violation of Tennessee Code Annotated § 49-5-609(a). Ms. Crabtree and the FCEA further asserted that the transfer of Ms.”
Blount Cnty. Educ. Ass'n v. Blount Cnty. Bd. of Educ., 78 S.W.3d 307 (Tenn. Ct. App. 2002). “Since non-discrimination is a mandatory subject of bargaining and the Board refused to negotiate on this topic, it acted in violation of Tenn. Code Ann. § 49-5-609 . The Board is hereby directed to cease and desist such behavior and to bargain in good faith with Plaintiff over…”
Hamilton Cnty. Educ. Ass'n v. Hamilton Cnty. Bd. of Educ., 112 F. Supp. 3d 716 (E.D. Tenn. 2015). “§ 49-5-609(a)(2) which provides in relevant part that “It is unlawful for a board of education .”
Union Cnty. Educ. Ass'n v. Union Cnty. Bd. of Educ. & Dr. James Pratt, Superintendent of the Union Cty Schs. (Tenn. Ct. App. 2005). “The Court ordered the parties to meet and negotiate in good faith, and to submit written reports to the court by March 15, 2004, and stated that it would retain jurisdiction over the subject matter pursuant to Tenn. Code Ann. §49-5-609 (c)(4), and would determine on March 15,…”
Marion Co. Bd. of Educ. v. Marion Co. Educ. Assoc. (Tenn. Ct. App. 2000). “Stewart asserted a counterclaim against the Board, alleging that the Board’s refusal to arbitrate violated the collective bargaining agreement and Tenn. Code Ann. § 49-5-609 (a) and sought an order requiring the Board to proceed with arbitration.”
The Metro. Gov't of Nashville & Davidson Cnty., Tennessee v. Metro. Nashville Educ. Ass'n (Tenn. Ct. App. 2013). “The Board requested that the court vacate the arbitrator’s award. In its amended answer and counterclaim, MNEA asserted that the Board breached the collective bargaining agreement and violated Tenn.”
Metro. Nashville Educ. Ass'n & James Fuller v. The Metro. Bd. of Pub. Educ. (Tenn. Ct. App. 2013). “Fuller also alleged in his complaint breach of contract and unlawful acts under Tenn. Code Ann. § 49-5-609 , which claims are not presently before us.”
Metro. Nashville Educ. Ass'n v. Nashville Bd. of Educ. (Tenn. Ct. App. 2006). “Fuller asserted that the Boards’s failure to comply with the arbitration award was a breach of contract and unlawful under Tennessee Code Annotated § 49-5-609(a)(1) and (8). He further sought relief under Tennessee Code Annotated § 49-5-510, asserting his transfer had been…”
— Tenn. Code Ann. § 49-5-609(a) — 2 cases
Franklin Cnty. Bd. of Educ. v. Crabtree, 337 S.W.3d 808 (Tenn. Ct. App. 2010). “They also asserted that the Board had *811 refused to arbitrate in good faith in violation of Tennessee Code Annotated § 49-5-609(a). Ms. Crabtree and the FCEA further asserted that the transfer of Ms.”
Marion Cnty. Bd. of Educ. v. Marion Cnty. Educ. Ass'n, 86 S.W.3d 202 (Tenn. Ct. App. 2001). “Stewart asserted a eoun-terclaim against the Board, alleging that the Board’s refusal to arbitrate violated the collective bargaining agreement and Tenn.Code Ann. § 49-5-609(a) and sought an order requiring the Board to proceed with arbitration.”
— Tenn. Code Ann. § 49-5-609(a)(1) — 1 case
Metro. Nashville Educ. Ass'n v. Nashville Bd. of Educ. (Tenn. Ct. App. 2006). “Fuller asserted that the Boards’s failure to comply with the arbitration award was a breach of contract and unlawful under Tennessee Code Annotated § 49-5-609(a)(1) and (8). He further sought relief under Tennessee Code Annotated § 49-5-510, asserting his transfer had been…”
— Tenn. Code Ann. § 49-5-609(a)(2) — 1 case
Hamilton Cnty. Educ. Ass'n v. Hamilton Cnty. Bd. of Educ., 112 F. Supp. 3d 716 (E.D. Tenn. 2015). “§ 49-5-609(a)(2) which provides in relevant part that “It is unlawful for a board of education .”
— Tenn. Code Ann. § 49-5-609(a)(5) — 1 case
Hamilton Cnty. Educ. Ass'n v. Hamilton Cnty. Bd. of Educ., 112 F. Supp. 3d 716 (E.D. Tenn. 2015). “§ 49-5-609(a)(2) which provides in relevant part that “It is unlawful for a board of education .”
— Tenn. Code Ann. § 49-5-609(a)(6) — 1 case
Dr. William P. Harman v. Univ. of Tennessee, 353 S.W.3d 734 (Tenn. 2011). “”; (Educational Professional Negotiations Act) Tenn. Code Ann. § 49-5-609 (a)(6) (2009) (emphasis added) (“It is unlawful for a board of education or its designated representative to: Discharge or discriminate against an employee because the employee has filed an affidavit,…”
— Tenn. Code Ann. § 49-5-609(a)(7) — 1 case
Hamilton Cnty. Educ. Ass'n v. Hamilton Cnty. Bd. of Educ., 112 F. Supp. 3d 716 (E.D. Tenn. 2015). “§ 49-5-609(a)(2) which provides in relevant part that “It is unlawful for a board of education .”
— Tenn. Code Ann. § 49-5-609(a)(8) — 1 case
Marion Cnty. Bd. of Educ. v. Marion Cnty. Educ. Ass'n, 86 S.W.3d 202 (Tenn. Ct. App. 2001). “Stewart asserted a eoun-terclaim against the Board, alleging that the Board’s refusal to arbitrate violated the collective bargaining agreement and Tenn.Code Ann. § 49-5-609(a) and sought an order requiring the Board to proceed with arbitration.”
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