Opinion

Robertson v. Alabama State Tenure Commission

  • 513 So. 2d 636
  • 42 Educ. L. Rep. 676
  • 1987 Ala. Civ. App. LEXIS 1354
Court
Court of Civil Appeals of Alabama
Filed
Jul 29, 1987
Status
Published
Author
Holmes
On the bench
Ingram, Bradley, Holmes
Cited by
2 cases
Authority
More cited than 26.5%

The opinion

HOLMES, Judge

(concurring in the result).

I concur in the result reached by the majority.

This court has recognized that a “change of assignment in the same school might be as objectionable to the teacher as would a change in assignment to another school. It could just as easily be a vehicle for exerting political or personal reasons.” Bramlett v. Alabama Tenure Commission, 341 So.2d 727, 729 (Ala.Civ.App.1977). In other words, a change of teaching assignments within the same school may constitute a transfer of the teacher “from one position ... to another” within the meaning of Ala. Code (1975), § 16-24-5, entitling that teacher to a hearing regarding such transfer.

Thus, in my opinion, this court should not be understood as holding that a change in teaching assignments or course matter can never be a “transfer” of the teacher’s “position” under § 16-24-5.

Under the facts of this case, however, as reflected in the record, the change in the teacher’s course assignments does not appear to be a transfer of his position, and I, therefore, concur in the result reached by the majority.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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