§ 20.14. Transitional provisions as to public schools.

(a)

Temporary administration by city and county school boards. From the effective date of this Charter to and including July 31, 1962, the county and city school boards shall each continue to administer, control and operate the school system previously under its jurisdiction in the same manner that such system was operated prior to the effective date of this Charter. Such operation may include assignment of teachers to schools for the school year 1962-1963, to the extent that such assignment is practicable on or before July 31, with such assignments to be made or completed thereafter by the transitional board of education to the extent that may be necessary. The powers, duties and functions of said separate school boards shall cease and terminate after July 31, 1962.

(b)

Transitional operation by transitional board of education. From August 1, 1962, until June 30, 1964, the administration, operation and control of the metropolitan school system shall be by and under a transitional board of education, subject to the directives and limitations hereinafter specified. For the purpose of transitional operation, a transitional board of education of nine (9) members is hereby created and constituted as follows:

Three (3) members shall be persons who were members of the Davidson County Board of Education immediately prior to the termination of said board; and said three (3) members shall be chosen by the Davidson County Board of Education prior to August 1, 1962.

Three (3) members shall be persons who were members of the board of education of the City of Nashville immediately prior to the termination of said board; and said three (3) members shall be chosen by the board of education of the City of Nashville prior to August 1, 1962.

The three (3) remaining members shall be Dr. Henry H. Hill, former president, George Peabody College for Teachers, who shall serve as chairman of the transitional board; Dr. Walter S. Davis, president, A. & I. State University, and Mr. E. C. Carman, vice-president, AVCO Corp.

Any vacancies on the transitional board of education resulting from resignation or death of a former Davidson County Board of Education member shall be filled by the two remaining such members, or upon their failure to agree, by all remaining board members.

Any vacancies on the transitional board of education resulting from resignation or death of a former member of the board of education of the City of Nashville shall be filled by the two remaining such members, or upon their failure to agree, by all remaining board members.

Any vacancies in membership resulting from the inability to serve, resignation or death of one of the three (3) members named herein shall be filled by the two remaining such members, or upon their failure to agree, by all remaining board members; provided, that if said vacancy is with respect to the membership of Dr. Walter S. Davis, his successor, as so chosen, shall be either the president or acting president of A. & I. State University or of Fisk University or of Meharry Medical School.

During the transitional period, the board shall operate the two separate school systems herein consolidated in the same manner as the two systems were operated prior to the adoption of this Charter, and with the same powers and authorities as the board of education of the City of Nashville and the Davidson County Board of Education previously acted.

During the transitional period the board shall cause a comprehensive survey to be made of the two school systems, to the end that, not later than July 1, 1964:

(1)

A complete consolidation of the physical properties thereof may be effected.

(2)

The consolidation of personnel and employees thereof may be effected.

The transitional board shall also (i) seek applications for the position of director of schools and assemble information with respect to the applicants, which applications and information shall be submitted to the metropolitan board of education to the end that its permanent administration may be expedited; and (ii) prepare and submit to the mayor a budget for the scholastic year 1964-1965.

Any fund to the credit of the board of education of the City of Nashville shall be transferred to the credit of the transitional board of education but shall be earmarked and used for the benefit of that portion of the public school system previously operated as city schools. Any fund to the credit of the Davidson County Board of Education shall be transferred to the credit of the transitional board, but shall be earmarked and used for the benefit of that portion of the public school system previously operated as county schools.

During the transitional period the person then holding the position of county superintendent of public instruction by election of the quarterly county court of Davidson County, Tennessee, shall continue to hold such position and to perform and discharge the same duties of that office in connection with that portion of the public school system previously operated as county schools.

During the transitional period that person holding the position of superintendent of the city school system of the City of Nashville shall continue to hold such position and discharge the duties of that office in connection with the school system previously operated as city schools.

The transitional board of education may assign teachers to schools for the school year 1964-1965 to the extent that the same is practicable on or before June 30, 1964, with such assignments, when not made or completely made, to be finished by the permanent metropolitan board of education.

(c)

Operation by permanent board of education. At least sixty (60) days prior to July 1, 1964, the mayor shall appoint, subject to confirmation by the council as hereinabove provided in section 9.02, the first members of the permanent metropolitan county board of education, which shall assume administration, control and operation of the metropolitan school system.

When the metropolitan board of education fixes the compensation of positions in the school system to be paid after the expiration of the transitional period, consideration shall be given to the varying pay scales and classifications of the former city and of the former county, and whichever pay scale is higher for particular classification shall be adopted as the original rate for such classification in the consolidated metropolitan school system.

At the expiration of the transitional period, the board shall offer professional employment to the person holding the position of county superintendent of public instruction and to the person holding the position of superintendent of schools of Nashville. Such employment shall assure a compensation at least equal to that received by the person as county or city superintendent for period of time not less than the unexpired term of office, and shall assign to the position duties and responsibilities commensurate with those attached to the abolished position.

4. June 28, 1962. See § 20.21.