# Robertson v. Alabama State Tenure Commission

> Court of Civil Appeals of Alabama · July 29, 1987 · 513 So. 2d 636

URL: https://www.frixlaw.com/law-library/cases/7560834

## Case

- **Full name:** Ardee ROBERTSON, Jr. v. ALABAMA STATE TENURE COMMISSION
- **Court:** Court of Civil Appeals of Alabama
- **Decided:** July 29, 1987
- **Citations:** 513 So. 2d 636; 42 Educ. L. Rep. 676; 1987 Ala. Civ. App. LEXIS 1354
- **Precedential status:** Published
- **Opinion:** Concurrence by Holmes
- **Judges:** Ingram, Bradley, Holmes
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7560834

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7560834. Public record. Not legal advice.