Can a Tennessee school board extend its director of schools' contract while the contract is still running?

Subject

Opinion No. 12-69, Extending Contracts for Directors of Schools, July 6, 2012

Plain-English summary

Representative Barbara Cooper asked the Tennessee AG whether a school board can legally extend its contract with the director of schools while the existing contract is still running.

The AG said yes, citing Tenn. Code Ann. § 49-2-203(a)(14)(C). That section was amended after the AG's 2001 opinion (Op. 01-102), which had concluded the statute did not then authorize mid-term contract extensions. The current statute spells out a notice procedure: at least 15 calendar days' notice before the meeting, agenda item listed first, and compliance with the open-meetings notice rules in Tenn. Code Ann. §§ 8-44-103 and 49-2-202(c)(1). If those procedures are followed, the school board may extend the contract.

Currency note

This opinion was issued in 2012. 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.

Historical background and statutory framework

The 2001 opinion

Op. Tenn. Att'y Gen. 01-102 (June 22, 2001) had concluded that Tenn. Code Ann. § 49-2-203 did not authorize school boards to extend the contract of a director of schools mid-term. That opinion read the statute as listing the board's powers without including extension authority.

The current statute

After the 2001 opinion, the General Assembly amended § 49-2-203(a)(14)(C). The current version provides:

No school board shall extend the contract of a director of schools without giving notice of the intent to do so at least fifteen (15) calendar days prior to the scheduled meeting at which action shall be taken. . . . Notice of extension . . . of a contract of a director of schools shall include the date, time and place of the meeting, and shall comport with all other requirements of §§ 8-44-103 and 49-2-202(c)(1). The proposed action shall be published as a specific, clearly stated item on the agenda for the meeting. Such item, for the convenience of the public attending the meeting, shall be the first item on the agenda.

So a school board may extend a contract mid-term, but the procedural requirements are mandatory. The 15-day notice and "first item on the agenda" placement let the public weigh in before the action.

Required procedural elements

To validly extend the director's contract, the school board must:

• Give at least 15 calendar days' notice before the meeting where the action will be taken.
• Identify the date, time, and place of the meeting in the notice.
• Comply with the broader open-meetings notice rules under Tenn. Code Ann. §§ 8-44-103 and 49-2-202(c)(1).
• Publish the extension as a "specific, clearly stated item on the agenda."
• Place the item first on the agenda for the meeting.

Common questions

How much notice does the school board have to give to extend the director's contract?

At least 15 calendar days before the meeting where the board takes action. The notice must include date, time, and place of the meeting.

Does this opinion say the board can vote on the extension as a buried agenda item?

No, the opposite. The statute requires the extension item to be listed first on the agenda, so the public attending the meeting can address the issue before other business.

What if our school board wants to extend the contract right before it expires?

The notice requirements still apply. The 15-day notice clock is the controlling deadline regardless of where the contract is in its term. Plan ahead.

Does the same procedure apply to renewing, rather than extending, a contract?

The statute references "extension . . . of a contract." Whether renewal at term expiration carries the same procedural requirements depends on the specific facts and how the school board structures the action. Consult the current statute and any later AG opinions.

Can a school board extend a contract behind closed doors?

No. The reference to compliance with Tenn. Code Ann. § 8-44-103 (open-meetings notice) and § 49-2-202(c)(1) indicates the extension action must occur at an open meeting with proper notice.

Does this opinion say anything about the substantive terms of the extension (length, salary)?

No. The opinion addresses only whether and how a board may extend the contract. Substantive terms remain subject to the board's negotiation with the director and to applicable law.

Citations

• Tenn. Code Ann. § 49-2-202(c)(1) (school board notice requirements)
• Tenn. Code Ann. § 49-2-203 (school board powers)
• Tenn. Code Ann. § 49-2-203(a)(14)(C) (contract extension authority)
• Tenn. Code Ann. § 8-44-103 (open-meetings notice)
• Op. Tenn. Att'y Gen. 01-102 (June 22, 2001)

Source

• Landing page: https://www.tn.gov/attorneygeneral/opinions.html
• Original PDF: https://www.tn.gov/content/dam/tn/attorneygeneral/documents/ops/2012/op12-069.pdf

Original opinion text

July 6, 2012
Opinion No. 12-69
Extending Contracts for Directors of Schools

QUESTION

May a school board legally extend the term of its contract with the director of schools during the contract term?

OPINION

Yes, a school board may extend such a contract in accordance with Tenn. Code Ann. § 49-2-203(a)(14)(C).

ANALYSIS

This opinion request concerns a question previously addressed by Tenn. Att'y Gen. Op. 01-102 (June 22, 2001), concerning the authority of a school board to extend the contract of a director of schools during the contract term. The previous opinion correctly stated that, at that time, Tenn. Code Ann. § 49-2-203 did not provide for such authority.

However, the statute has since been amended to permit the extension of such contracts, providing in relevant part as follows:

> No school board shall extend the contract of a director of schools without giving notice of the intent to do so at least fifteen (15) calendar days prior to the scheduled meeting at which action shall be taken. . . . Notice of extension . . . of a contract of a director of schools shall include the date, time and place of the meeting, and shall comport with all other requirements of §§ 8-44-103 and 49-2-202(c)(1). The proposed action shall be published as a specific, clearly stated item on the agenda for the meeting. Such item, for the convenience of the public attending the meeting, shall be the first item on the agenda;

Tenn. Code Ann. § 49-2-203(a)(14)(C) (emphasis added). Accordingly, school boards may now legally extend the term of a contract with the director of schools during the contract term, provided that all of the requirements set forth in Tenn. Code Ann. § 49-2-203(a)(14)(C) are satisfied.

ROBERT E. COOPER, JR.
Attorney General and Reporter

WILLIAM E. YOUNG
Solicitor General

MELISSA A. BRODHAG
Assistant Attorney General

Requested by:
Representative Barbara Cooper
38 Legislative Plaza
Nashville, TN 37243