# Tenn. Code Ann. § 49-2-109: Contracts with private, city or special district schools > Tennessee · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_TN_T49_C2_S49-2-109 ## Section - **Citation:** Tenn. Code Ann. § 49-2-109 - **Heading:** Contracts with private, city or special district schools - **Jurisdiction:** Tennessee - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** TN Code / Title 49 / Chapter 2 / Section 49-2-109 ## Text (a) (1) (A) The county board of education has the power to make contracts with the proper authorities of private schools or with city or special school district boards of education whereby the county public elementary and high schools may be taught in the private or city schools. (B) Such public elementary and high school branches shall be taught free of charge to all pupils of the county entitled thereto. (C) The contract may provide that: (i) The school shall be administered by either the city, special school district or county board of education upon the condition that the board charged with administration of the school shall employ duly licensed teachers, comply with other state laws pertaining to education and not interfere with the powers devolved upon the commissioner of education in connection with the county public elementary and high schools; and (ii) In the event of contracts with private schools, no teacher shall be employed in the private school unless the teacher has a teacher's license of such grade as may be prescribed for the teacher's employment and unless the employment of the teacher is approved by the county board of education. (2) The authority of the commissioner, county director of schools and all public school officers shall be as full and ample in such private schools as in other county public elementary and high schools. (b) This section shall not be construed as authorizing a contract by a county board of education with a church-sponsored, church related or a parochial school. Acts 1925, ch. 115, § 14; Shan. Supp., § 1487a99; Code 1932, § 2390; Acts 1931, ch. 71, § 1; C. Supp. 1950, § 2393.16; Acts 1959, ch. 259, §§ 1, 2; 1959, ch. 309, § 1; T.C.A. (orig. ed.), § 49-231. (a) (1) (A) The county board of education has the power to make contracts with the proper authorities of private schools or with city or special school district boards of education whereby the county public elementary and high schools may be taught in the private or city schools. (B) Such public elementary and high school branches shall be taught free of charge to all pupils of the county entitled thereto. (C) The contract may provide that: (i) The school shall be administered by either the city, special school district or county board of education upon the condition that the board charged with administration of the school shall employ duly licensed teachers, comply with other state laws pertaining to education and not interfere with the powers devolved upon the commissioner of education in connection with the county public elementary and high schools; and (ii) In the event of contracts with private schools, no teacher shall be employed in the private school unless the teacher has a teacher's license of such grade as may be prescribed for the teacher's employment and unless the employment of the teacher is approved by the county board of education. (2) The authority of the commissioner, county director of schools and all public school officers shall be as full and ample in such private schools as in other county public elementary and high schools. ool unless the teacher has a teacher's license of such grade as may be prescribed for the teacher's employment and unless the employment of the teacher is approved by the county board of education. (2) The authority of the commissioner, county director of schools and all public school officers shall be as full and ample in such private schools as in other county public elementary and high schools. (1) (A) The county board of education has the power to make contracts with the proper authorities of private schools or with city or special school district boards of education whereby the county public elementary and high schools may be taught in the private or city schools. (B) Such public elementary and high school branches shall be taught free of charge to all pupils of the county entitled thereto. (C) The contract may provide that: (i) The school shall be administered by either the city, special school district or county board of education upon the condition that the board charged with administration of the school shall employ duly licensed teachers, comply with other state laws pertaining to education and not interfere with the powers devolved upon the commissioner of education in connection with the county public elementary and high schools; and (ii) In the event of contracts with private schools, no teacher shall be employed in the private school unless the teacher has a teacher's license of such grade as may be prescribed for the teacher's employment and unless the employment of the teacher is approved by the county board of education. (A) The county board of education has the power to make contracts with the proper authorities of private schools or with city or special school district boards of education whereby the county public elementary and high schools may be taught in the private or city schools. (B) Such public elementary and high school branches shall be taught free of charge to all pupils of the county entitled thereto. (C) The contract may provide that: (i) The school shall be administered by either the city, special school district or county board of education upon the condition that the board charged with administration of the school shall employ duly licensed teachers, comply with other state laws pertaining to education and not interfere with the powers devolved upon the commissioner of education in connection with the county public elementary and high schools; and (ii) In the event of contracts with private schools, no teacher shall be employed in the private school unless the teacher has a teacher's license of such grade as may be prescribed for the teacher's employment and unless the employment of the teacher is approved by the county board of education. (i) The school shall be administered by either the city, special school district or county board of education upon the condition that the board charged with administration of the school shall employ duly licensed teachers, comply with other state laws pertaining to education and not interfere with the powers devolved upon the commissioner of education in connection with the county public elementary and high schools; and (ii) In the event of contracts with private schools, no teacher shall be employed in the private school unless the teacher has a teacher's license of such grade as may be prescribed for the teacher's employment and unless the employment of the teacher is approved by the county board of education. (2) The authority of the commissioner, county director of schools and all public school officers shall be as full and ample in such private schools as in other county public elementary and high schools. ool unless the teacher has a teacher's license of such grade as may be prescribed for the teacher's employment and unless the employment of the teacher is approved by the county board of education. (2) The authority of the commissioner, county director of schools and all public school officers shall be as full and ample in such private schools as in other county public elementary and high schools. (b) This section shall not be construed as authorizing a contract by a county board of education with a church-sponsored, church related or a parochial school. Acts 1925, ch. 115, § 14; Shan. Supp., § 1487a99; Code 1932, § 2390; Acts 1931, ch. 71, § 1; C. Supp. 1950, § 2393.16; Acts 1959, ch. 259, §§ 1, 2; 1959, ch. 309, § 1; T.C.A. (orig. ed.), § 49-231. ## Nearby sections - [Tenn. Code Ann. § 49-2-101 County legislative bodies - Powers and duties](https://www.frixlaw.com/law-library/statutes/STATE_TN_T49_C2_S49-2-101.md) - [Tenn. Code Ann. § 49-2-102 County mayors - Duties](https://www.frixlaw.com/law-library/statutes/STATE_TN_T49_C2_S49-2-102.md) - [Tenn. Code Ann. § 49-2-103 County trustees - Duties](https://www.frixlaw.com/law-library/statutes/STATE_TN_T49_C2_S49-2-103.md) - [Tenn. Code Ann. § 49-2-104 Inspection of local records](https://www.frixlaw.com/law-library/statutes/STATE_TN_T49_C2_S49-2-104.md) - [Tenn. Code Ann. § 49-2-105 Training programs with private college or university for pre-k-12 teachers](https://www.frixlaw.com/law-library/statutes/STATE_TN_T49_C2_S49-2-105.md) - [Tenn. Code Ann. § 49-2-106 Creation or expansion of city or special school districts](https://www.frixlaw.com/law-library/statutes/STATE_TN_T49_C2_S49-2-106.md) - [Tenn. Code Ann. § 49-2-107 Special school districts - Taxes](https://www.frixlaw.com/law-library/statutes/STATE_TN_T49_C2_S49-2-107.md) - [Tenn. Code Ann. § 49-2-108 Separate-sex schools](https://www.frixlaw.com/law-library/statutes/STATE_TN_T49_C2_S49-2-108.md) - [Tenn. Code Ann. § 49-2-109 Contracts with private, city or special district schools](https://www.frixlaw.com/law-library/statutes/STATE_TN_T49_C2_S49-2-109.md) - [Tenn. Code Ann. § 49-2-110 Student activity funds](https://www.frixlaw.com/law-library/statutes/STATE_TN_T49_C2_S49-2-110.md) - [Tenn. Code Ann. § 49-2-111 Reapportionment - Effect on school districts](https://www.frixlaw.com/law-library/statutes/STATE_TN_T49_C2_S49-2-111.md) - [Tenn. Code Ann. § 49-2-112 School audits](https://www.frixlaw.com/law-library/statutes/STATE_TN_T49_C2_S49-2-112.md) - [Tenn. Code Ann. § 49-2-113 Mechanical signing of warrants](https://www.frixlaw.com/law-library/statutes/STATE_TN_T49_C2_S49-2-113.md) - [Tenn. Code Ann. § 49-2-114 Waiver of school fees](https://www.frixlaw.com/law-library/statutes/STATE_TN_T49_C2_S49-2-114.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TN_T49_C2_S49-2-109. Check the current official text before relying on it. Not legal advice.