(a)  A teacher, having received notice of charges pursuant to § 49-5-511, may, within thirty (30) days after receipt of notice, demand a hearing before the board, as follows:

     (1)  The teacher shall give written notice to the director of schools of the teacher's request for a hearing;

     (2)  The director of schools shall, within five (5) days after receipt of the request, indicate the place of the hearing and set a convenient date, which date shall not be later than thirty (30) days following receipt of notice demanding a hearing;

     (3)  The teacher may appear at the hearing and plead the teacher's cause in person or by counsel;

     (4)  The teacher may present witnesses, and shall have full opportunity to present the teacher's contentions and to support them with evidence and argument. The teacher shall be allowed a full, complete and impartial hearing before the board, including the right to have evidence deemed relevant by the teacher included in the record of the hearing, even if objected to by the person conducting the hearing;

     (5)  The chair of the board conducting the hearing is empowered to issue subpoenas for witnesses to compel their attendance at hearings authorized under this section. All parties to the proceeding shall have the right to have subpoenas issued by the chair of the board to compel the attendance of all witnesses deemed by such parties to be necessary for a full and complete hearing. All witnesses shall be entitled to the witness fees and mileage provided by law for legal witnesses, which fees and mileage shall be paid as a part of the costs of the proceeding. The costs of the proceeding shall be paid by the losing party;

     (6)  The chair of the board shall administer oaths to witnesses, who shall testify under oath;

     (7)  A record of the hearing, either by transcript, recording, or as is otherwise agreed by the parties, shall be prepared if the action of the board is appealed, and all actions of the board shall be reduced to writing and included in the record, together with all evidence otherwise submitted;

     (8)  On request of either party to the trial, witnesses may be barred from the hearing except as they are called to testify. The hearing may be private at the request of the teacher or in the discretion of the board; and

     (9)  The board shall within ten (10) days decide what disposition to make of the case and shall immediately thereafter give the teacher written notice of its findings and decision.

(b)  The director of schools or other school officials shall not be held liable, personally or officially, when performing their duties in prosecuting charges against any teacher or teachers under this part.

(c)  (1)  (A)  In any county with a metropolitan form of government and a population of more than five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census, a tenured teacher receiving notification of charges pursuant to § 49-5-511, may, within thirty (30) days after receipt of the notice, demand a hearing on the charges.

          (B)  In any municipality with a population of six hundred thousand (600,000) or more, according to the 2000 federal census or any subsequent federal census, a tenured teacher receiving notification of dismissal charges pursuant to § 49-5-511, may, within thirty (30) days after receipt of the notice, demand a hearing on the dismissal charges.

     (2)  (A)  The tenured teacher shall be entitled to a full and complete hearing before an impartial hearing officer selected by the board.

          (B)  The teacher shall have the right to be represented by counsel, the opportunity to call and subpoena witnesses, the opportunity to examine all witnesses and the right to require that all testimony be given under oath.

          (C)  For the purposes of subdivision (c)(2)(A), “impartial” means that the selected hearing officer shall have no history of employment with the board, no service in any capacity with the board or the metropolitan government, no relationship with any board member and no relationship with the teacher or representatives of the teacher.

     (3)  At the conclusion of the hearing, the hearing officer shall reduce to written form all factual findings and decisions related to the charges. The hearing officer's decision shall be delivered to the affected employee and the board within ten (10) days following the close of the hearing.

     (4)  If the affected teacher desires to appeal from a decision rendered in whole or in part in favor of the school system, the teacher shall first exhaust the administrative remedy of appealing the decision to the board of education within ten (10) working days of the hearing officer's delivery of the written findings of fact, conclusions and decision to the affected employee.

     (5)  Upon written notice of appeal, the director of schools shall prepare a copy of the proceedings, transcript, documentary and other evidence presented, and transmit the copy to the board within twenty (20) working days of receipt of notice of appeal.

     (6)  The board shall hear the appeal on the record and no new evidence shall be introduced. The affected employee may appear in person or by counsel and argue why the decision should be modified or reversed. The board may sustain the decision, send the record back if additional evidence is necessary, revise the penalty or reverse the decision. Before any findings and decision are sustained or punishment inflicted, a majority of the membership of the board shall concur in sustaining the charges and decision. The board shall render its decision on the appeal within ten (10) working days after the conclusion of the hearing.

     (7)  Any party dissatisfied with the decision rendered by the board shall have the right to appeal to the chancery court in the county where the school system is located within twenty (20) working days after receipt of the dated notice of the decision of the board of education. It shall be the duty of the board to cause the entire record and other evidence in the case to be transmitted to the court. The review of the court shall be de novo on the record of the hearing held by the hearing officer and reviewed by the board.

     (8)  The director of schools shall also have the right to appeal any adverse ruling by the hearing officer to the board under the same conditions as are set out in this subsection (c).

[Acts 1951, ch. 76, § 16 (Williams, § 2345.16); Acts 1972, ch. 588, § 1; T.C.A. (orig. ed.), § 49-1416; Acts 1992, ch. 535, § 83; 2007, ch. 491, § 1; 2009, ch. 353, § 1; 2009, ch. 360, § 1.]