Can a Tennessee teacher who gets elected to the school board keep teaching for the same school system?

Subject

Opinion No. 14-53, School Teachers Serving on Local School Boards, May 1, 2014

Plain-English summary

Representative Harry Brooks asked whether a teacher who is elected to the local school board by which she is employed can keep her teaching job. The AG said no.

The controlling statute is Tenn. Code Ann. § 49-2-203(a)(1)(D), which provides that "[n]o member of any local board of education shall be eligible for election as a teacher or any other position under the board carrying with it any salary or compensation." Read with prior opinions Op. 10-46 (Apr. 12, 2010) and Op. 08-180 (Dec. 1, 2008), the rule is that a board member cannot continue as an employee of the board after becoming a board member, and cannot serve as a substitute teacher in the same system either. The remedy is resignation as an employee before assuming board responsibilities.

The AG contrasted this with the rule for general local legislative bodies (city or county councils). Tenn. Code Ann. § 12-4-101(c)(1) contemplates that a county or city employee may serve as a member of the same county's or city's legislative body. § 7-51-1501 separately prohibits a city employee from seeking election to the same city's legislative body unless local charter or ordinance authorizes it. The school-board rule is more restrictive.

The opinion does not address what happens to the teacher's continuing-contract or tenure rights upon forced resignation, or whether the teacher may return to teaching after leaving the board.

Currency note

This opinion was issued in 2014. 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

Does this apply to teachers elected to a different school district's board?

The statute prohibits a board member from holding a salaried position "under the board." A teacher in District A who is elected to District B's school board would not be in the prohibited posture, since District B's board is not the teacher's employer. The bar applies when the same board employs the person.

What if the teacher is married to or related to a board member?

This opinion does not address spousal or family situations. Other Tennessee laws (nepotism statutes, conflict-of-interest provisions, the prior opinions cited here) govern those questions separately.

Does the bar apply to substitute teachers?

Yes. Op. 08-180 expressly addressed substitute teaching and concluded that a board member cannot serve as a substitute teacher in the same system. The "any other position carrying any salary or compensation" language sweeps in substitute work.

What about the teacher's collective bargaining rights or contract?

The opinion treats § 49-2-203(a)(1)(D) as a categorical ineligibility rule. The teacher must resign before taking the board seat. The opinion does not address contractual or tenure rights that may continue to attach to the teaching position post-resignation, or rehire questions if the board service ends.

What about non-teaching employees, like custodians or coaches?

The statute says "teacher or any other position under the board carrying with it any salary or compensation." That sweeps in custodians, coaches, central office staff, and any other paid position under the board. The bar is not limited to instructional staff.

Why are city and county legislative bodies different?

The General Assembly drew the line differently. Tennessee city and county legislative bodies routinely include local government employees among their members, with § 12-4-101(c)(1) contemplating that arrangement. School boards are treated as a special category, presumably because of the closer fiduciary-and-employer relationship between board and staff in the school context.

Background and statutory framework

Tennessee's school-board structure rests on §§ 49-2-201 et seq. § 49-2-203 enumerates board powers and includes (a)(1)(D)'s eligibility limitation. The provision is not new: it has been in the school code for many decades and reflects a long-standing legislative judgment that boards should not be employers of their own members.

The AG's office has applied (a)(1)(D) consistently across factual settings. Op. 08-02 (Jan. 11, 2008) and the cited later opinions (08-180, 10-46) track the same outcome: a school board member cannot be paid under the board. The resignation requirement is a remedy, not a punishment; it preserves the structural separation the statute requires.

The contrast with city and county legislative bodies under § 12-4-101(c)(1) shows that the General Assembly has thought about which combinations of public service it tolerates. The school board prohibition reflects a deliberate policy choice, not an oversight.

Citations

• Tenn. Code Ann. § 49-2-203(a)(1)(D) ("[n]o member of any local board of education shall be eligible for election as a teacher or any other position under the board carrying with it any salary or compensation")
• Tenn. Code Ann. § 12-4-101(c)(1) (county or city employee may serve as member of same legislative body)
• Tenn. Code Ann. § 7-51-1501 (city employee election restrictions)
• Tenn. Att'y Gen. Op. 08-02 (Jan. 11, 2008)
• Tenn. Att'y Gen. Op. 08-180 (Dec. 1, 2008) (substitute teaching by board member prohibited)
• Tenn. Att'y Gen. Op. 10-46 (Apr. 12, 2010) (resign-before-assuming requirement)

Source

• Landing page: https://www.tn.gov/attorneygeneral/opinions.html
• Original PDF: https://www.tn.gov/content/dam/tn/attorneygeneral/documents/ops/2014/op14-053.pdf

Original opinion text

STATE OF TENNESSEE
OFFICE OF THE ATTORNEY GENERAL
May 1, 2014
Opinion No. 14-53
School Teachers Serving on Local School Boards

QUESTION

Can a teacher who is elected to serve on the local school board by which the teacher is employed retain his or her employment as a teacher?

OPINION

No.

ANALYSIS

As this Office opined in Tenn. Att'y Gen. Op. 08-02 (Jan. 11, 2008), while Tenn. Code Ann. § 12-4-101(c)(1) contemplates that a county or city employee may serve as a member of the same county's or city's legislative body, Tenn. Code Ann. § 7-51-1501 prohibits a city employee from seeking election to the same city's legislative body, unless authorized to do so by local charter provision or ordinance. Where a local school board, rather than a local legislative body, is concerned, "a school board member may not continue as an employee of the board after becoming a board member," under Tenn. Code Ann. § 49-2-203(a)(1)(D). Tenn. Att'y Gen. Op. 10-46, at 2 (Apr. 12, 2010); see also Tenn. Att'y Gen. Op. 08-180, at 2 (Dec. 1, 2008) ("Tennessee law prohibits local school board members from serving as substitute teachers in the same system where they serve as a board member"). A teacher who is elected to serve on the school board by which he or she is employed, therefore, may not continue the employment as a teacher. "The member must resign as an employee prior to assuming his or her responsibilities as a board member." Op. 10-46, at 2.

Tenn. Code Ann. § 49-2-203(a)(1)(D) provides that "[n]o member of any local board of education shall be eligible for election as a teacher or any other position under the board carrying with it any salary or compensation."

ROBERT E. COOPER, JR.
Attorney General and Reporter

JOSEPH F. WHALEN
Acting Solicitor General

Requested by:
The Honorable Harry Brooks
State Representative
117 War Memorial Building
Nashville, Tennessee 37243