# Ex Parte Athens State College

> Supreme Court of Alabama · September 22, 2000 · 795 So. 2d 709

URL: https://www.frixlaw.com/law-library/cases/9937937

## Case

- **Full name:** Ex Parte Athens State College and Dr. Jerry Bartlett, in His Capacity as President of Athens State College. (In Re: Athens State College and Dr. Jerry Bartlett, in His Capacity as President of Athens State College v. Betty Ruth).
- **Court:** Supreme Court of Alabama
- **Decided:** September 22, 2000
- **Citations:** 795 So. 2d 709; 2000 WL 1367610
- **Precedential status:** Published
- **Opinion:** Concurrence by England
- **Judges:** Brown, England, Johnstone
- **Cited by:** 5 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/9937937

## How later opinions describe it (automated extraction)

- 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 purp…

## Opinion text

I write to point out that the main opinion should not be read to hold that there are no circumstances when the language in the Teacher Tenure Act would be useful in interpreting provisions of the Fair Dismissal Act. Unlike the circumstances of this present case, where the entire department was abolished, there may be circumstances where the Teacher Tenure Act would be helpful in determining what meaning should be given to certain provisions of the Fair Dismissal Act. See Ledbetter v. Jackson County Bd. of Educ. , 508 So.2d 244 (Ala. 1987) (construing § 36-26-102 , part of the Fair Dismissal Act, and § 16-24-3 , part of the Teacher Tenure Act, together and holding that a lunchroom worker's partial termination from her employment, caused by a reduction of her work hours, triggered her right to a hearing).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9937937. Public record. Not legal advice.