Section 0520-04-01-.01 - TENURED TEACHERS(1) Tenure Rights. Teachers in the state special schools shall obtain tenure in the same manner and shall have the same rights of due process regarding employment actions as teachers in other public schools, pursuant to T.C.A. Title 49, Chapter 5.(2) Definitions. Because the State Board of Education has authority over the state special schools, the following definitions also apply to teachers in the state special schools: (a) "Teacher" shall not include the chief administrative officer of such school.(b) "Board" shall mean the State Board of Education.(3) Suspension Pending Investigation. The superintendent may suspend any teacher pending investigation of the charges and subject to the final approval of the State Board of Education, or the Commissioner of Education acting under delegated authority from the board. In the event that the suspension is not sustained by the board or the commissioner, the employee will be entitled to full salary during the period of suspension.(4) Hearings. Any teacher who has received notice of charges supporting dismissal or suspension pursuant to T.C.A. Title 49, Chapter 5, may, within thirty (30) days after receipt of notice reflecting action of the Commissioner of Education, demand a hearing before the State Board of Education. Such hearing shall be conducted as a contested case under the Tennessee Uniform Administrative Procedures Act, T.C.A. § 4-5-301, et seq.Tenn. Comp. R. & Regs. 0520-04-01-.01
Original rule certified June 10, 1974. Amendment filed August 20, 1984; effective November 13, 1984. Amendment filed November 22, 1988; effective February 28, 1989. Amendment filed October 31, 1989; effective December 15, 1989. Repeal and new rule filed July 24, 2009; effective December 29, 2009.Authority: T.C.A. §§ 49-1423 through 1425, 49-5-515, 49-1-302, 49-10-701, 49-10-801 and 49-10-901.