Can Tennessee remove a school board member or withhold state funding from the school district if a board member skips required annual training?

Plain-English summary

Tennessee requires every member of a local board of education to participate annually in seven hours of training provided by the School Board Academy administered by the State Department of Education. The training program (modules approved by the State Board of Education, mostly developed and conducted by the Tennessee School Boards Association) covers topics relevant to board service. Tenn. Code Ann. § 49-2-202(a)(5) and State Board Rule 0520-01-02-.11.

A state representative asked the AG two questions:

Can the Commissioner of Education remove a popularly elected school board member from office for failing to attend the annual training? Yes. Tenn. Code Ann. § 49-2-202(a)(5) says directly: "The commissioner of education may remove from office any local board member who fails to attend the annual training as prescribed by the state board of education." The authority is express and discretionary; the Commissioner is not required to remove, but is authorized to.

Can the Commissioner withhold state school funding from the LEA for a board member's failure to attend? Yes. State Board Rule 0520-01-03-.01 says the Department of Education inspects schools and reviews annual compliance reports, classifies each school system as "approved" or "non-approved," gives non-approved systems a written explanation and a deadline to correct, and, if corrective action is not taken, "shall impose sanctions on the school system which may include withholding part or all of state school funding to the non-approved system." Because board-member training is one of the State Board's requirements, an LEA whose board members do not complete it can be classified as non-approved and sanctioned under this rule. The opinion treats this as a power the Commissioner already holds under § 49-1-201's general direction-of-administration authority and the State Board rules. Section 49-1-203 and Rule 0520-01-02-.12 allow the Commissioner to grant waivers for noncompliance.

Currency note

This opinion was issued in 2010. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: How many hours of training does a Tennessee school board member have to do each year?
A: At the time of this opinion, seven hours under State Board Rule 0520-01-02-.11(1). The School Board Academy administers the program; the Tennessee School Boards Association develops and conducts most of the approved modules.

Q: If I am elected to a school board and I skip training, am I automatically out of office?
A: No. The statute makes removal discretionary with the Commissioner of Education. The Commissioner "may" remove a board member who fails to attend. There is no automatic removal. Whether to use the authority is a judgment call for the Commissioner.

Q: Could a whole school district lose state funding because of one board member?
A: Per this opinion, yes, in theory. Withholding under Rule 0520-01-03-.01 is triggered by classification as "non-approved" and failure to correct the deficiency within the Commissioner's stated time. A district whose board contains a single non-compliant member could be brought to that point. As a practical matter, the Commissioner has tools short of withholding (the rule's classification, notice, and corrective-action process gives the district a chance to fix the noncompliance, including by encouraging the board member to complete training or replacing them).

Q: What if a board member has a legitimate reason for missing training?
A: Tenn. Code Ann. § 49-1-203 and State Board Rule 0520-01-02-.12 allow the Commissioner to grant waivers for noncompliance with applicable rules and regulations. The opinion notes the waiver authority as a brake on the harshness of the funding-withholding rule.

Q: What is an LEA?
A: Local Education Agency. Per Tenn. Code Ann. § 49-3-302(11), an LEA is any county, city, or special school district, unified school district, school district of any metropolitan form of government, or any other school system established by law. The opinion uses "LEA" as a generic name for the local school system that receives state funds and runs the schools.

Q: What kinds of sanctions other than withholding funds can the Commissioner impose?
A: Rule 0520-01-03-.01 says sanctions "may include withholding part or all of state school funding." The phrase "may include" suggests funding withholding is one tool among others, but the rule does not catalog all possible sanctions. Practically, the most consequential is funding withholding; the less drastic alternatives include continued non-approved classification, narrower corrective-action orders, and reporting requirements.

Background and statutory framework

The state-local relationship in Tennessee education law is one of state oversight over locally administered school systems. The General Assembly delegates broad authority to the State Board of Education and the Commissioner of Education, with the local boards running day-to-day operations.

Tenn. Code Ann. § 49-2-202(a)(5) is the operative statute on board-member training. It requires that "[a]ll board members shall be properly trained during their service on the board of education," sets the minimum requirements at the State Board's discretion, mandates "an annual session for all board members," and concludes: "The commissioner of education may remove from office any local board member who fails to attend the annual training as prescribed by the state board of education."

Tenn. Code Ann. § 49-1-201 sets out the Commissioner's broader duties. § 49-1-201(a) makes the Commissioner "responsible for the implementation of law or policies established by the general assembly or the state board of education." § 49-1-201(c)(5) requires the Commissioner to "[s]ee that the school laws and the regulations of the state board of education are faithfully executed." § 49-1-201(c)(8) authorizes the Commissioner to require "detailed reports annually" from "all state and local public school officers and heads of state educational institutions."

The State Board's rules implement these statutory directives. Rule 0520-01-03-.01 sets up the inspection-and-approval mechanism: schools are inspected, classified as approved or non-approved, and non-approved systems are given written notice, a corrective-action deadline, and, on failure to correct, sanctions including withholding of part or all of state school funding. Rule 0520-01-02-.11 sets the seven-hour annual training requirement and outlines the School Board Academy. Rule 0520-01-02-.12 gives the Commissioner waiver authority. Together, these provisions form the Commissioner's enforcement toolkit for board-member training.

Citations and references

Statutes:

• Tenn. Code Ann. § 49-1-201 (Commissioner of Education's powers and duties)
• Tenn. Code Ann. § 49-1-203 (waiver authority)
• Tenn. Code Ann. § 49-2-202(a)(5) (school board member training and removal authority)
• Tenn. Code Ann. § 49-3-302(11) (LEA definition)

State Board rules:

• Rule 0520-01-02-.11 (School Board Academy and seven-hour annual training)
• Rule 0520-01-02-.12 (Commissioner waiver authority)
• Rule 0520-01-03-.01 (approval/non-approval classification and sanctions, including withholding state funds)

Source

• Landing page: https://www.tn.gov/attorneygeneral/opinions.html
• Original PDF: https://www.tn.gov/content/dam/tn/attorneygeneral/documents/ops/2010/op10-087.pdf

Original opinion text

Failure of County School Board Members to Attend Annual Training

QUESTIONS

1. May the Commissioner of Education remove a popularly elected school board member from office for failure to attend annual training?

2. May the Commissioner of Education withhold state funding from an LEA for a board member's failure to attend annual training? [Tenn. Code Ann. § 49-3-302(11) defines an "LEA" or "Local Education Agency" as any county, city, or special school district, unified school district, school district of any metropolitan form of government or any other school system established by law.]

OPINIONS

1. Yes.

2. Yes. Tennessee law confers broad powers upon the Commissioner of Education to oversee the administration of local education and to impose sanctions upon LEAs that fail to meet legal requirements. One of the sanctions available to the Commissioner is the withholding of part or all of state education funds to LEAs that fail to comply with the law.

ANALYSIS

1. Tenn. Code Ann. § 49-2-202(a)(5) provides:

(5) All board members shall be properly trained during their service on the board of education. The minimum requirements for this training shall be established by the state board of education and shall include an annual session for all board members. The commissioner of education may remove from office any local board member who fails to attend the annual training as prescribed by the state board of education.

(Emphasis added). State law therefore clearly provides that the commissioner of education may remove a popularly elected school board member from office for failure to attend annual training.

2. With regard to your second question, whether the commissioner of education may withhold state funding from an LEA for a board member's failure to attend annual training, the powers and duties of the commissioner of education are set forth in Tenn. Code Ann. § 49-1-201, and include the following:

(a) The commissioner of education is responsible for the implementation of law or policies established by the general assembly or the state board of education.

(c) The commissioner shall provide direction through administrative and supervisory activities designed to build and maintain an effective organization as follows:

(5) See that the school laws and the regulations of the state board of education are faithfully executed;

(8) Require all state and local public school officers and heads of state educational institutions under the department or the state board of education to submit detailed reports annually; and in case of emergency, the commissioner may require special reports at any time of any officer connected with the public school system[.]

Regulations promulgated by the State Board of Education require the Commissioner of Education to annually inspect schools, as well as to review annual reports submitted by local school systems, in order to ensure that schools are in compliance with Tennessee law. Rule 0520-01-03-.03 states, in part, as follows:

0520-01-03-.01 APPROVAL OF SCHOOLS

(1) Inspections of Schools.

The Department of Education shall make periodic inspections of the schools under its control. These inspections shall be made to determine the extent to which local school systems operate in compliance with State Board of Education rules and regulations and to verify the information received on reports from local school officials.

(2) Approval Classifications for School Systems.

Each school system shall be classified as approved or non-approved. School systems classified as non-approved by the Commissioner of Education shall receive a written explanation of the reasons for such classification and shall be afforded the opportunity to respond. The Commissioner's notification shall include a time by which corrective action shall be completed by the school system. If such corrective action is not taken within the time specified, the Commissioner shall impose sanctions on the school system which may include withholding part or all of state school funding to the non-approved system.

(3) Reports on School System Compliance with the Rules and Regulations.

The Department of Education shall make an annual report to the State Board of Education regarding each school system's compliance with the rules and regulations. The report shall include the approval status of each local school system, deficiencies identified by school in the approval process, an assessment of action needed to attain approval, local school system response, and sanctions imposed upon systems which do not comply.

(Emphasis added). Rule 0520-01-02-.11, in turn, provides as follows:

0520-01-02-.11 SCHOOL BOARD TRAINING

(1) Every member of a local board of education shall participate annually in seven hours of training provided by the School Board Academy.

(2) The School Board Academy shall be administered by the State Department of Education.

(3) The annual program of the School Board Academy will consist of modules approved by the State Board of Education. The Tennessee School Boards Association (TSBA) shall develop and conduct the majority of the approved modules.

(4) A School Board Academy Advisory Committee shall be established by the State Board of Education. The Advisory Committee will be responsible for evaluating academy programs. The Advisory Committee will also be responsible for recommending an annual program plan for the academy prior to the beginning of each school year for approval by the State Board of Education. The Advisory Committee will include the Executive Director and the President of the Tennessee School Boards Association, a member of the State Board of Education, the President of the Tennessee Organization of School Superintendents, and the Commissioner of Education or his designee. It will also include others appointed by the State Board of Education for terms designated by the State Board of Education.

(Emphasis added).

Tennessee Board of Education rules and regulations therefore require that (1) LEAs operate in compliance with Board of Education rules and regulations, (2) LEAs submit annual reports to the Commissioner of Education regarding their compliance with Board of Education rules and regulations, (3) the Commissioner of Education take measures to require corrective action in the event LEAs are not operating in compliance with applicable rules and regulations and, in the event timely corrective action is not taken, (4) the Commissioner of Education is authorized to impose sanctions on the school system which may include withholding part or all of state school funding to the non-approved system. Accordingly, it appears that the Commissioner of Education is authorized to withhold part or all of state school funding to an LEA for a board member's failure to attend annual training. [See Tenn. Code Ann. § 49-1-203 and 0520-01-02-.12 of the Rules of the State Board of Education for the Commissioner's authority to grant waivers for noncompliance with applicable rules and regulations.]

ROBERT E. COOPER, JR.
Attorney General and Reporter

GINA J. BARHAM
Deputy Attorney General

KEVIN STEILING
Deputy Attorney General

Requested by:

The Honorable Jimmy Matlock
State Representative
219 War Memorial Building
Nashville, TN 37243-0921