Opinion

Ex Parte Athens State College

  • 795 So. 2d 709
  • 2000 WL 1367610
Court
Supreme Court of Alabama
Filed
Sep 22, 2000
Status
Published
Author
Johnstone
On the bench
Brown, England, Johnstone
Cited by
5 cases

stating that § 36-26-102, a part of the FDA, should not have been construed in pari materia with § 16-24-8, a part of the TTA, because “[t]enured teachers are afforded special protections. The ‘special’ consideration given tenured teachers is reflected in the Tenure Act’s purpose, which is ‘to promote stability in employment and to prevent a board from discharging a tenured teacher in stead of a nontenured teacher.’ ” (quoting Ex parte Alabama State Tenure Comm’n, 595 So.2d 479, 481 (Ala.1991))

How later courts described this case

  • stating that § 36-26-102, a part of the FDA, should not have been construed in pari materia with § 16-24-8, a part of the TTA, because “[t]enured teachers are afforded special protections. The ‘special’ consideration given tenured teachers is reflected in the Tenure Act’s purpose, which is ‘to promote stability in employment and to prevent a board from discharging a tenured teacher in stead of a nontenured teacher.’ ” (quoting Ex parte Alabama State Tenure Comm’n, 595 So.2d 479, 481 (Ala.1991))

Written by the judges who cited it.

The opinion

While I concur in the main opinion, including its rationale, I also agree with the observations of Justice England in his special writing. *Page 715

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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