Opinion

Dansby v. Dale County Board of Education

  • 623 So. 2d 1122
  • 1993 Ala. LEXIS 661
  • 1993 WL 262033
Court
Supreme Court of Alabama
Filed
Jul 16, 1993
Status
Published
Author
Ingram
On the bench
Almon, Hornsby, Houston, Ingram, Kennedy, Maddox, Shores, Steagall
Cited by
1 cases
Authority
More cited than 46.5%

The opinion

INGRAM, Justice.

Leonidas Dansby sued the Dale County Board of Education (“Board”) seeking, among other things, a ruling that he had tenure as a supervisor; employment as a supervisor; and appropriate compensation.

Dansby was employed by the Board on August 15,1978, as assistant superintendent of education. He held this position until August 10,1980, when he was promoted to associate superintendent of education. He held this position until October 10, 1980, when he was appointed by the Board to complete the unexpired term of the superintendent of education of Dale County. He held this office until June 1989, having been elected in the interim to two terms as superintendent of education for four-year terms, beginning July 1, 1981, and July 1, 1985, respectively. Dansby filed this action in April 1991. 1

The trial court held that when Dans-by took office as the superintendent of education he had not attained tenure as an instructor, principal, or supervisor. The trial court further held that Dansby could not gain tenure by holding that office. We agree with the trial court and affirm on the authority of Mitchell v. Skinner, 603 So.2d 1023 (Ala.1992). Specifically, we note that- a school “superintendent” does not come within the general definition of “supervisor” for purposes of the tenure law. Mitchell .

AFFIRMED.

HORNSBY, C.J., and MADDOX, ALMON, SHORES, HOUSTON, STEAGALL and KENNEDY, JJ., concur.

. When a person's "status as a tenured teacher” is the issue in dispute, "the circuit court is the proper forum to resolve that dispute.” Alabama Ass'n of School Boards v. Walker, 492 So.2d 1013, 1015 (Ala.1986). The tenure commission has no jurisdiction over persons who are not recognized as "tenured teachers.” Id.

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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