Hickman County Board of Education
Descriptor Term:
Descriptor Code:
Issued Date:
5.200
05/04/26
Separation Practices for Tenured
Teachers
Rescinds:
Issued:
5.200
02/03/25
1
ALTERNATIVE WORK ASSIGNMENT
2
During an investigation of any accusations that may lead to further disciplinary action, the Director of
3
Schools or his/her designee, may choose to reassign the impacted employee to a different work
4
location and/or duties. This alternative work assignment would last until the investigation is complete
5
and any findings are used to determine what, if any, further action is necessary. Alternative work
6
assignments may be designated in lieu of suspending an employee without pay, as deemed appropriate
7
by the Director of Schools or his/her designee.
8
SUSPENSION PENDING AN INVESTIGATION 1
9
The director of schools may suspend a teacher at any time that may seem necessary, pending
10
investigation or final disposition of a case before the board or an appeal. If the matter under investigation
11
is not the subject of an ongoing criminal investigation or a department of children's services
12
investigation, and if no charges for dismissal have been made, a suspension pending investigation shall
13
not exceed ninety (90) days in duration. Under no circumstances shall the director of schools suspend a
14
teacher with pay. If vindicated or reinstated, the teacher shall be paid full salary for the period of
15
suspension.
16
SUSPENSION OF THREE DAYS OR LESS 2,3
17
A director of schools/designee may suspend a teacher for incompetence, inefficiency, neglect of duty,
18
unprofessional conduct and insubordination. Before an employee is suspended he/she shall be: (1)
19
provided with written notice, including the reasons for the suspension along with an explanation of the
20
evidence; (2) given an opportunity to respond to the director at a conference, if requested within five
21
(5) days; and (3) given a written decision of the suspension within ten (10) days. Both parties may be
22
represented by counsel at the conference, which shall be recorded.
23
Under no circumstances shall a director of schools suspend a tenured teacher with pay. If reinstated, the
24
tenured teacher shall be paid full salary for the period of suspension, unless suspension without pay is
25
deemed to be an appropriate penalty.
26
DISMISSAL OR SUSPENSIONS GREATER THAN THREE DAYS4
27
The Board shall maintain a list of qualified individuals who have indicated a willingness to act as
28
impartial hearing officers, as defined under Tennessee law.
29
When charges are made against a tenured teacher, charging the teacher with offenses which may justify
30
dismissal or a suspension greater than three days, the charges shall be made in writing, specifically stating
31
the offenses which are charged and shall be signed by the party or parties making the charges.
Version Date: June 23, 2026
Separation Practices for Tenured Teachers
5.200
1
If, in the opinion of the Board, the charges are of such nature as to warrant the release or a suspension
2
greater than three days of the teacher, the director of schools shall give the teacher a written notice of
3
this decision, a copy of the charges against the teacher, and a copy of a form provided by the
4
Commissioner of Education advising the teacher of his/her legal duties, rights and recourse.
5
A tenured teacher who has been given notice of charges against him/her may within thirty (30) days after
6
receipt of notice give written notice to the director of schools of his/her request for a hearing.
7
The director of schools shall, within five (5) days after receipt of request, assign a hearing officer from
8
the list maintained by the Board.
9
The hearing officer shall notify the parties, or their attorney, of the officer's assignment and direct the
10
parties or the attorneys for the parties, or both, to appear before the hearing officer for simplification of
11
issues and the scheduling of the hearing. That hearing shall be set no later than thirty (30) days following
12
receipt of the initial request for a hearing. In the discretion of the hearing officer, all or part of any
13
prehearing conference may be conducted by telephone if each participant has an opportunity to
14
participate, be heard, and to address proof and evidentiary concerns. The hearing officer is empowered
15
to issue appropriate orders and to regulate the conduct of the proceedings.
16
Either party may appeal to the Board of Education an adverse ruling by giving written notice of appeal
17
within ten (10) working days of the hearing officer's delivery of the hearing officer's written findings
18
and conclusions. The director of schools shall prepare a copy of the proceedings, including all transcripts
19
and evidence, documentary or otherwise, and transmit the same to the Board within twenty (20) days of
20
the receipt of the notice of appeal.
21
The Board shall hear the appeal on the record, and no new evidence may be submitted by either party.
22
The appealing party may appear before the Board to argue why the adverse ruling should be over-turned.
23
In no event should such argument last more than fifteen (15) minutes, unless the Board should vote to
24
extend additional time. At the conclusion of the hearing, any member of the Board may vote to sustain
25
the decision of the Hearing officer, send the record back for additional evidence, revise the penalty or
26
reverse the decision. The Board shall render its decision within ten (10) working days after the
27
conclusion of the hearing. In the event that the decision of the Board is appealed to the Chancery court,
28
the Board shall transmit the entire record prepared by the director and reviewed by the Board to the
29
Chancery court for its review.
30
RESIGNATION
31
A teacher shall give the director of schools notice of resignation at least thirty (30) days before the
32
effective date of the resignation. A teacher who fails to give such notice, in the absence of justifiable
33
extenuating circumstances, shall forfeit all tenure status. The Board may waive the thirty (30) days'
34
notice requirement and permit a teacher to resign in good standing.⁵
35
The conditions under which it is permissible to break a contract with the Board are as follows:
36
1. The incapacity on the part of the teacher to perform the contract as evidenced by the certified
37
statement of a physician approved by the Board;
Page 2 of 3
Separation Practices for Tenured Teachers
5.200
1
2. The release by the Board of the teacher from the contract which the teacher has entered into with
2
the Board.
3
Any teacher on leave shall notify the director of schools in writing at least thirty (30) days prior to the
4
date of return if the teacher does not intend to return to the position from which he/she has taken leave.
5
Failure to render such notice may be considered a breach of contract.⁷
6
Upon a breach of contract, the Board, upon a motion recorded in its minutes, may file a complaint with
7
the State Board of Education and request the suspension of a teacher's certificate. After the State Board
8
of Education has provided the teacher an opportunity for defense during a hearing, the State Board of
9
Education may suspend the certificate for no less than thirty (30) and no more than three hundred sixty-
10
five (365) days.⁸
11
RETIREMENT
12
Retirement shall mean a termination of services under conditions which will allow the employee to draw
13
benefits from retirement plans and/or social security benefits. Employees eligible for retirement benefits
14
may elect to retire at any age according to the provisions of the retirement system.
15
Central office personnel shall assist employees in securing retirement benefits; however, it shall be the
16
responsibility of the retiring employee to provide verification of eligibility in writing from TCRS to the
17
central office. It shall be the responsibility of the retiring employee to file for benefits.
Legal References
Cross References
1.
TCA 49-5-511(a)(3)
Public Hearings 1.401
2.
TCA 49-2-301(b)(1)(EE), TCA 49-5-512(d)
Teacher Tenure 5.117
3.
TCA 49-5-511(a)(2)
Recommendations and File Transfers 5.203
4.
TCA 49-5-511; 512; 513
5. TCA 49-5-508(a); Public Acts of 2026. Chapter No.
898
6. TCA 49-5-508(c)
7.
TCA 49-5-706
8.
TCA 49-5-411(b)
Page 3 of 3

## Table 1

|  | Hickman County Board of | Education |  |
| --- | --- | --- | --- |
|  | Descriptor Term: Separation Practices for Tenured | Descriptor Code: 5.200 | Issued Date: 05/04/26 |
|  | Teachers | Rescinds: 5.200 | Issued: 02/03/25 |

## Table 2

| 1 | If, in the opinion of the Board, the charges are of such nature as to warrant the release or a suspension |
| --- | --- |
| 2 | greater than three days of the teacher, the director of schools shall give the teacher a written notice of |
| 3 | this decision, a copy of the charges against the teacher, and a copy of a form provided by the |
| 4 | Commissioner of Education advising the teacher of his/her legal duties, rights and recourse. |
| 5 | A tenured teacher who has been given notice of charges against him/her may within thirty (30) days after |
| 6 | receipt of notice give written notice to the director of schools of his/her request for a hearing. |
| 7 | The director of schools shall, within five (5) days after receipt of request, assign a hearing officer from |
| 8 | the list maintained by the Board. |
| 9 | The hearing officer shall notify the parties, or their attorney, of the officer's assignment and direct the |
| 10 | parties or the attorneys for the parties, or both, to appear before the hearing officer for simplification of |
| 11 | issues and the scheduling of the hearing. That hearing shall be set no later than thirty (30) days following |
| 12 | receipt of the initial request for a hearing. In the discretion of the hearing officer, all or part of any |
| 13 | prehearing conference may be conducted by telephone if each participant has an opportunity to |
| 14 | participate, be heard, and to address proof and evidentiary concerns. The hearing officer is empowered |
| 15 | to issue appropriate orders and to regulate the conduct of the proceedings. |
| 16 17 18 | Either party may appeal to the Board of Education an adverse ruling by giving written notice of appeal within ten (10) working days of the hearing officer's delivery of the hearing officer's written findings and conclusions. The director of schools shall prepare a copy of the proceedings, including all transcripts |
| 19 | and evidence, documentary or otherwise, and transmit the same to the Board within twenty (20) days of |
| 20 | the receipt of the notice of appeal. |
| 21 22 | The Board shall hear the appeal on the record, and no new evidence may be submitted by either party. The appealing party may appear before the Board to argue why the adverse ruling should be over-turned. |
| 23 | In no event should such argument last more than fifteen (15) minutes, unless the Board should vote to |
| 24 | extend additional time. At the conclusion of the hearing, any member of the Board may vote to sustain |
| 25 | the decision of the Hearing officer, send the record back for additional evidence, revise the penalty or |
| 26 27 28 | reverse the decision. The Board shall render its decision within ten (10) working days after the conclusion of the hearing. In the event that the decision of the Board is appealed to the Chancery court, the Board shall transmit the entire record prepared by the director and reviewed by the Board to the |
| 29 | Chancery court for its review. |
| 30 | RESIGNATION |
| 31 32 33 34 | A teacher shall give the director of schools notice of resignation at least thirty (30) days before the effective date of the resignation. A teacher who fails to give such notice, in the absence of justifiable extenuating circumstances, shall forfeit all tenure status. The Board may waive the thirty (30) days' notice requirement and permit a teacher to resign in good standing.⁵ |
| 35 | The conditions under which it is permissible to break a contract with the Board are as follows: |
| 36 37 | 1. The incapacity on the part of the teacher to perform the contract as evidenced by the certified statement of a physician approved by the Board; |

## Table 3

| Legal | References | Cross References |
| --- | --- | --- |
| 1. | TCA 49-5-511(a)(3) | Public Hearings 1.401 |
| 2. | TCA 49-2-301(b)(1)(EE), TCA 49-5-512(d) | Teacher Tenure 5.117 |
| 3. | TCA 49-5-511(a)(2) | Recommendations and File Transfers 5.203 |
| 4. | TCA 49-5-511; 512; 513 |  |
| 5. | TCA 49-5-508(a); Public Acts of 2026. Chapter No. 898 |  |
| 6. | TCA 49-5-508(c) |  |
| 7. | TCA 49-5-706 |  |
| 8. | TCA 49-5-411(b) |  |