Transfer of Director of Schools

S T A T E O F T E N N E S S E E OFFICE OF THE ATTORNEY GENERAL 425 Fifth Avenue North NASHVILLE, TENNESSEE 37243-0497 October 5, 2000 Opinion No. 00-151 Transfer of Director of Schools QUESTION May a director of schools be transferred to another position in the school system? OPINION Yes. Tenn. Code § 49-2-203(a)(15)(A) contemplates a situation where a director of school may be transferred. ANALYSIS Tenn. Code Ann. § 49-2-203(a)(15)(A) provides, in part, that it is the duty of the local school board to “employ a director of schools under a written contract of up to four (4) years' duration, which may be renewed. Any such person transferred during the term of such person's contract shall not have such person's salary diminished for the remainder of the contract period.” Tenn. Code Ann. § 49-2- 203(a)(15(A). This office has located no authority that has considered whether this statute authorizes a school board to transfer a director of schools. The provision in the statute stating that “[a]ny such person transferred during the term of such person’s contract shall not have such person’s salary diminished for the remainder of the contract period” carries a positive implication that directors may be transferred. Each board, however, may have a contract with its director of schools that could affect the board’s ability to transfer the director. Accordingly, it is the opinion of this office that a director of schools may be transferred, absent a contractual provision to the contrary. __________________________________ PAUL G. SUMMERS Attorney General and Reporter Yes. Tenn. Code § 49-2-203(a)(15)(A) contemplates a situation where a director of school may Tenn. Code Ann. § 49-2-203(a)(15)(A) provides, in part, that it is the duty of the local school board to "employ a director of schools under a written contract of up to four (4) years' duration, which may be renewed. Any such person transferred during the term of such person's contract shall not have such person's salary diminished for the remainder of the contract period." Tenn. Code Ann. § 49-2- This office has located no authority that has considered whether this statute authorizes a school board to transfer a director of schools. The provision in the statute stating that "[a]ny such person transferred during the term of such person's contract shall not have such person's salary diminished for the remainder of the contract period" carries a positive implication that directors may be transferred. Each board, however, may have a contract with its director of schools that could affect the board's ability to Page 2 __________________________________ MICHAEL E. MOORE Solicitor General __________________________________ KAE C. TODD Assistant Attorney General Requested by: The Honorable Micheal Williams State Senator 310 War Memorial Building Nashville, TN 37243