General statutes regulating county boards of education and elementary and secondary education in the public schools may be found in T.C.A. title 49, chapters 1 through 6. County boards of education must be popularly elected to staggered four-year terms from districts of substantially equal population. The county legislative bodies are authorized to establish districts for county board of education members by resolution instead of having to rely on private acts for reapportionment. T.C.A. §49-2-201.
Members of county boards of education must have a high school diploma or general education equivalent. However, a few counties are purported to be excluded by narrow population exception. Board members who fail to participate in state sponsored training are subject to removal by the commissioner of education. T.C.A. §49-2-202.
Private Acts of 1957
SECTION 1. That from and after the effective date of this Act the Members of the County Board of Education in counties of this State having a population of not more than 13,090 and not less than 13,080, according to the Federal Census of 1950, or any other subsequent Federal Census, shall be paid a sum of six dollars ($6.00) per day, for each session actually in attendance.
SECTION 2. That all Acts or parts of Acts in conflict with this Act are hereby repealed.
SECTION 3. That this Act shall have no effect unless the same shall have been approved by two-thirds vote of the Quarterly County Court of any county to which it may apply on or before the next regular meeting of such Quarterly County Court occurring more than sixty (60) days after its approval by the Chief Executive of this State.
SECTION 4. That this Act shall take effect from and after its passage, the public welfare requiring it.
Passed: February 14, 1956.
Private Acts of 1972
SECTION 1. There is hereby created a Board of Education for Grainger County composed of ten (10) members. As amended by: Private Acts of 1982, Chapter 224.
SECTION 2. The county is hereby divided into five (5) school districts, the boundaries of which shall be as follows:
- School District 1. The boundaries of School District 1 shall be the same as County Commission District 1.
- School District 2. The boundaries of School District 2 shall be the same as County Commission District 2.
- School District 3. The boundaries of School District 3 shall be the same as County Commission District 3.
- School District 4. The boundaries of School District 4 shall be the same as County Commission District 4.
- School District 5. The boundaries of School District 5 shall be the same as County Commission District 5.
As amended by: Private Acts of 1982, Chapter 224.
SECTION 3. The Board of Education members shall be citizens of recognized integrity, intelligence, and ability to administer the duties of the office. Each such member shall have resided not less than one (1) year next preceding his election in the county commission district comprising the School Board District from which he is elected and shall be a registered voter in such district. No member of the Quarterly County Court nor any other county official, elected or appointed, shaly be eligible for election or appointment as County Board of Education member. No board member shall serve as a teacher or in any other position under the board carrying with it any salary or compensation. Should a board member move his place of residence outside the district which he represents, the office of such board member shall become vacant.
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SECTION 10. The County Board shall have the responsibility for the government, supervision, and control of the public schools of the County, provided, however, that no Board member shall have authority to act independently on any school matter. The Board shall generally exercise all powers, duties, and privileges as set forth in the public laws of Tennessee relative to County Boards of Education and specifically discharged those duties enumerated in Section 49-214 and Section 49-215, Tennessee Code Annotated, which are not in conflict with the provisions of this Act.
It shall be the duty of the County Board of Education to elect, from nominations or recommendations made by the Superintendent of Schools, but not otherwise, all principals, teachers, and other employees of the County School System; and to fix the salaries of principals, teachers, and other employees of the County School System, within the funds available or provided by the Quarterly County Court.
It shall be the duty of the Board to plan for the extension and development of the County School System; to determine the need for new buildings; to plan, locate, erect, and furnish the same, after the Quarterly County Court shall have provided funds for same.
The Board shall adopt written policies and regulations for the proper functioning of the Board and the School System. It shall have drawn up and made available for general distribution a statement of such policies and regulations. The Board shall assign to the County Superintendent of schools such duties as are set forth in Section 49-224, Tennessee Code Annotated, and any other such duties as can reasonably be expected of the superintendent.
. . .
SECTION 14. This Act shall have no effect unless it is approved by a two-thirds (2/3) vote of the Quarterly County Court of Grainger County on or before July 1, 1972. Its approval or nonapproval shall be proclaimed by the presiding officer of the Quarterly County Court and certified by him to the Secretary of State.
SECTION 15. For the purpose of approving or rejecting the provisions of this act, as provided in Section 14, it shall be effective on becoming a law, the public welfare requiring it. For all other purposes it shall become effective upon becoming approved as provided in Section 14.
Passed: April 7, 1972.
The following acts once affected the board of education in Grainger County but are no longer operative. Also referenced below is an act which repealed prior law without providing new substantive provisions.
- Private Acts of 1911, Chapter 315, amended Acts of 1907, Chapter 236, by providing that each civil district in Grainger County, shall constitute a school district, and a member of the said board of education would be elected from each district.
- Private Acts of 1927, Chapter 300, created created a county board of education for Grainger County which was composed of seven members which served for two years and were paid $60 per annum, payable quarterly out of the general educational fund of Grainger County.
- Private Acts of 1935, Chapter 53, created a county board of education for Grainger County. This act was repealed by Private Acts of 1972, Chapter 392.
- Private Acts of 1961, Chapter 352, would have amended Private Acts of 1957, Chapter 54, by raising the compensation of the members of the county board of education, but the act was rejected by local officials and therefore never became law.
After the passage of the “Education Improvement Act of 1991,” the elected office of superintendent of public instruction (county superintendent of education) was phased out. Replacing the superintendent is a director of schools, who is an employee of the county board of education; however, the continued use of the title superintendent is permitted. The director of schools is employed by the board under a written contract of up to four years duration under T.C.A. §49-2-203(a). The duties of the director of schools are enumerated in T.C.A. §49-2-301.
The acts referenced below once affected the office of superintendent of education in Grainger County, but are no longer operative. Also referenced below is an act which repealed prior law without providing new substantive provisions.
- Private Acts of 1931, Chapter 76, provided that the county superintendent of public instruction be elected by the qualified voters of Grainger County at the general election held on the first Thursday of August of 1932 and biennially thereafter.
- Private Acts of 1933, Chapter 154, repealed Private Acts of 1931, Chapter 76.
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