Opinion

Birmingham City Board of Education v. Hawkins

  • 48 So. 3d 638
  • 2009 Ala. Civ. App. LEXIS 612
  • 2009 WL 4980329
Court
Court of Civil Appeals of Alabama
Filed
Dec 18, 2009
Status
Published
Author
Bryan
On the bench
Thompson, Pittman, Thomas, Bryan
Cited by
2 cases
Authority
More cited than 11.0%

Distinguished

  • Distinguished by Cox v. Mobile County Board of School Commissioners, 2013 Ala. Civ. App. LEXIS 228 (2013)

    ” However, Hawkins is inapposite because it did not address what, if any, sanction should be imposed for the failure to comply with the 10-day-notice provision at issue in that case because, in that case, the decision upholding the termination of Hawkins’s employment was reversed on the basis that Hawkins had not been afforded notice or a hearing before her employment was ter
    Court of Civil Appeals of AlabamaOct 11, 2013Read it

The opinion

BRYAN, Judge,

concurring in the result.

I agree with the main opinion that “‘[e]ven where termination is for expiration of a teacher’s certificate, factual inquiries are necessary to determine, among other things, if the certificate has, in fact, expired, and whether such expiration constitutes “good and just cause.” ’ ” 48 So.3d at 644 (quoting Frey v. Adams County Sch. Dist. No. 14, 804 P.2d 851, 856 (Colo.1991)). I note that the expiration of a teaching certificate may, in some circumstances, constitute good and just cause for a dismissal.

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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