Tennessee AG argues qualified doesn’t mean certified in fight over education commissioner

The Tennessee governor has “unchecked authority” to name a state education commissioner who doesn’t have to be certified to teach, according to an attorney’s general opinion published this week in response to queries regarding embattled Education Commissioner Lizzette Reynolds.

In an opinion published on Tuesday, Attorney General Jonathan Skrmetti outlines his legal opinion for why the law stating commissioners be “qualified to teach in the school of the highest standing over which the commissioner has authority” does not mean the Tennessee education commissioner has to be certified to teach with a teaching license.

In the 10-page opinion, Skrmetti points to laws established in 1919 and 1925. Skrmetti argues the requirement imposes a “general standing” that establishes the “education, experience, and strength of character necessaryto teach” rather than a specific legal certification.

Skrmetti notes several times that early 20th century General Assemblies chose to give the governor “unchecked power” to appoint commissioners without legislative approval, giving the governor power to “unilaterally judge who had the attainments necessary to lead the State’s Department of Education.”

Rep. Caleb Hemmer, D-Nashville, requested the formal opinion from Skrmetti earlier this year as reports emerged that Reynolds may not meet qualifications for the job.

According to Tennessee state code, the education commissioner “shall” have experience in school administration and be qualified to teach at a high school level. Reynolds, who has experience in school choice nonprofits and the Texas education department, does not appear to have ever taught in a classroom as a teacher or served in local K-12 administration.

Reynolds enrolled at UT Martin to seek a master’s degree and teaching license after Gov. Bill Lee appointed her to the position last year. She also misrepresented her tenure with the state to receive free tuition in the program, which the Department of Education called an administrative error. Following a Tennessean review of her enrollment and department records, a spokesperson said Reynolds repaid the tuition.

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Democrats have continually called for Reynolds to resign in recent months, though Lee continues to back the education chief.

In his request, Hemmer sought Skrmetti’s opinion on whether the General Assembly has a pathway to respond to a commissioner appointment that doesn’t meet qualifications. Skrmetti says no.

The General Assembly likely lacks any viable route to removing the Commissioner of Education from office through litigation. The state — acting through its district and state attorneys general — may have a right to seek court-ordered removal of an unqualified state officer through Tennessee’s “quo warranto” statute. Individual members of the public likely have no direct avenue to prosecute a “quo warranto” action or other removal litigation.

Most recently, the Department of Education pointed to a state law and State Board of Education rules aimed at helping address teacher shortages as evidence that Reynolds is qualified for the position.

The rules allow the commissioner to issue temporary permits to people — based upon work experience, degrees held, subject expertise and progress toward obtaining a Tennessee license — to enable them to teach. A spokesperson has said Reynolds is qualified under these rules but has not issued herself a temporary permit.

This is a developing story. Check back for updates.

Vivian Jones contributed to this report.