Legal Research on Tenure of Employment of Teachers

    s 1S24-?

tr. The procedure at sueh
entto such hearing and the
g shall be the same as &.gf the teacher's contraet s8'o.773, p. f0a0.)

rearing 
-w-as 

for his benefit and he
ocedural faults therein. The boari
dthen teke away_. The hearing;ni
I board rendered tlrereafter meet
rts of tlre ststutc and, therefop.
ropgrly be takentherefrom. State
v. Berger, 65 AIa. App. %6, g1{

75).
rene v. County Bd. of Educ., 2g0
h.2d77L (1967); Unitea States v.
rc., 396 F.zd 44 (5th Cir. 1968):
rhington Crcunty Bd. of Fduc., l'5
i, 228 So. ZJ 8n (1969); Lamar'&luc. v. Steedley, 45 Ala. Aoo_
I 33? (1970); ke v. Roanoke Ci[y
{66 F.zd lS?8 (5th Cir. l9z2i;

rrant City Bd. of Educ., 4?gE.ii
19?8); Burks v. Zeanah, 54 Ala,

o. 2d 610 (19?4).

the right to appeal within
te state tenurc commission,
eommission as to whether

I whetler Buch action was
action was not arbitrarily

r the decision of the board,
be taken by filing a notice
ployrng board. Such appeal
40 days after such notice
mmission shall give such
llace of such hearing. Such
; counsel and shall have a
ied on the record of the
shall be effected until the

rc of appeal is filed by said
te tenure commission has
rr. The ection of the statc
determining all questions
record of the proceedings
t such hearing. (Aets 1953,

iling notice of appeal with the
d a eopy witlr the employing

E LG24'A TENURE OF EMPI.,OYMENT OF TEACHERS s 1G%-8

r^erd. Greene v. C,ounty M. of Etlue., 280 Ala'

4,'S*.31 fl l"' lI]l;* man ner. - rhe

tltrj",,rffi lifi it.Idril;H|ffi i:li Tie manner prescribed and witlin the time'
Ht*n. r. County Bd. of F,duc., 280 Ala.667' 197

$#"3'n!t131'; and decigion or the board

-ndercd theresfter meet all rcquirements of the

ii*n.:"ttl #l:i aT"Ti'l #,#;B
lra.,lpp. 216,514 So. 2d 700 (1975).
'Procedure ln rcctlon 16'21'10 not
.'oitroUir.g. - Section 1S24-10 regulates the

i,r"l#Xtf':i:fi:*t-'.it':::fri
Jsubtes t}re appesl processes for a teacher who

irri Ue.n transferred to another school or

frition. One procedure will not control the other
I*r."dr*, and the two cannot be used

iiterchangeably. lamar Crcunty Bd. of Fduc. v'
sieeat"y, ls ate. App. 6?2, 236 So. 2d 33? (1970).
- 

Compliance with ststutory mandate for
rppcat-from a tranefer le Jurisdictiona.l and

.iil satutory mandate is not met by compliance

s'ith the statutory prnovisions to perfect an

soDeal ftlm a cancellation of a continuing
.iirrl...onr".L Greene v. County Bd. of Educ.'

280 Alo.66?, 197 So' 2d 771 (196?).

Bevler by the commirslon ls based on the
rccord of the proceedin$ taken before the
cmploying board. [amar County Bd. of Educ'

v. Steedley, ,15 Ale. App. 6?2, 286 So. 2d 837
(19?o).

Order of commigsion rupDorting review by
mandamus. - Where the necord did not contsin
a copy of the notice of eppeal filed with the stste
tcnurc commission by plaintiff, but did contain
comespondence which clearly showed tlrat an
appeal to the commission was taken by the
plaintiff and tlrat a hearing was had before tlre
[enure commission based on the proceedings
before the board, and where the record also
rrflected 8 copy of tIe order of the tenure
commission at the conclusion of tlre hearing,
witl the record silent as to any objection having
been made by the county board that a timely
appeal thereto had not been made, the order of
the tenure commission affirming the action of
tIe board was a valid and binding order that
would support the action of the plaintiff in
asking the circuit court to review by writ of
mandamus the decision of the commission.
lamar C.ounty Bd. of Educ. v. Steedley, 45 Ala.
App. 6?2, 236 So. 2d 33? (19?0h

eitea in State ex rel. lattimore v. Board of
Educ.,266 Ala. 588,98 So. 2d 420 (1957); Greene
v. Washington County Bd. of Educ.,45 Ala' App.
216,228 So.2d 829 (1969);Cullman City Bd. of
Educ. v. Buchanon, 45 Ala. App. 357, 231 So. 2d
184 (1969); ke v. Roanoke City Bd. of Educ.,466
F.2d l3?8 (5th Cir. 1972); DeCarlo v. Tarrant City
Bd. of Educ., 52 Ala. App. ?08, 291 So. 2d 155
(19?4).

0 16-24-8. Cancellation of contracts - Grounds.

Cancellation of an employment contract with a teacher on continuing service

status may be made for incompetency, insubordination, neglect of duty,

immoraliff, justifiable deerease in the number of teaching positions or other
good and juit cause, but cancellation may not be made for political or personal

i."ront. (icts 1939, No. 499, p. ?59; Code 1940, T. 52, S 358; Acts 1953, No' 773,

p. 10a0.)

legal qualifications or fitness to discharge the
required duty. It may be employed to show want
of 

-physical or intellectual or moral fitness'
County Bd. of Educ. v. Oliver, 270 Ala.10?' f16
So. 2d 566 (1959).

The term "incompetent" is generic in its
meaning and of itself conveys no information of
the particular act of commission or omission, or
want of qualification which will authorize the
conclueion that the individual having such status
or guilty of such act or omission is incompetent.
County Bd. of Educ. v. Oliver, Zl0 Ala. l0?, 116

So. 2d 566 (1959).

"tneubordinatlon" is not defined in this
section, but unquestionably it includes the
willful refusal of a teacher to obey the

Crors rcfcrcnce. - See note to S 1G24'12.
Transfer and cancellatlon of the contract of

a teacher are not foundcd upon the rame
rtandardr. DeCarlo v. Tarant City Bd. of Educ''
52 Ala. App. ?08,291 So. 2d 165 (19?4).

Only grounda on rhich a tcnure teechers'
contract may be cancelled by the board are set
forth ln thig sectlon. Any other ground is beside
the question. And no ground there specified
justifies a cancellation of such tcacher's contract
except pursuant to the plocedure set out in 5

1G24-9. Fairtloth v. Folmar, 252 AIa.28,40 So.
2d 69? (1949).

"Incompetcncy" is e r€lative term which may
be employed ari meaning disqualification,
inability or incapacity. It can refer to lack of

22r



s 1G24-9

nessonable rules and regulations of his or her
employing boerd of education. Statc ex rel.
Steele v. Board of Educ., 252 A\a.254,40 So. 2d
689 (1949); State Tenure Comm'n v. Madison
County Bd. of Educ., 282 A1a.658, 213 So. 2d 823
(1e68).

"Immorallty" based on pregxrancy. - There
was no basis for dismissal under this section
where the board made no finding that a teacher'g
claimed immorality had affected her competency
or fitness as a teacher; and no "compelling
interest" as to the cancellation vel non of her
contract of employment was established by
evidence that she was in the early months d
pnegnancy, and she in consultation with her
physician was free to determine, without
regulation by the state, whether pregnancy
should be terminated. Drake v. Covington
County Bd. of Educ., 371 F. Supp.974 (M.D. Ala.
1974).

For the state, in the absence of any compelling
interest, to base cancellation of a teacher's
employment contract on evidence growing out of
her consultations with her physician was an
unconstitutional invasion of her right of privacy,
and the immorality provrsion of this section was
applied in a manner which invaded her
constitutional right of privacy. Drake v.
Covington County Bd. of Educ., 371 F. Supp.9?4
(M.D. AIa. 19?4).

Refusal 0o teach. - Where a position in a
school within the county was made available to
a teacher who had attained the status of
continuing service until three weeks after the
opening of the school for a school year, and the
teacher refused to teach either there or in any
other school within the county, the action of the
teacher did not constitute insubordination within
the scope of this section. Enzor v. Faircloth, 253
Ala. 266, 4ll So. 2d 811 (1949).

Juetifiable decrease in number of teaching
poaitlonr. - Nothing in the Tenure Act
establishes a criterion for determining what
particular tenure teacher's contract should be
cancelled when there is a "justifiable decrease
in the number of teaching positions." In such
situation, the right of selection is a matter
resting entirely with the employing board of
edueation. Williams v. Board of Educ., 263 Ala.
3?2, 82 So. 2d 549 (1955).

The mere fact that teachers retained were of
less sen'ice oi receiving less compensation
would not of itself show any arbitrary.action by
a board cancelling an employment contract with
a teacher on continuing service status by reason
of a 'lustifiable decrease in the number of

EDUCATION s 1&24-9

teaching positions." Nor would the fact that the
county board had set up no fixed ratio between
the teacher load and the minimum student
attendance make the action taken arbitrary.
Woods v. Board of Educ., 259 Ala. 559,6? So. 2d
840 0953).

The contract of a teacher who has obtained
continuing service status may not be eancelled
because of a justifiable decrease in the number
of teaching positions when there is retained by
the board of education a ieacher who is qualified
to teach in the same position,,but who has not
obtained continuing service status. Pickens
County Bd. of Educ. v. Keasler, 263 Ala. 231, 82
So. 2d 19? (1955).

"Other glood and just caure," as used in the
teachers'tenure law, includes any cause which
bears a reasonable relation to the teacher's

fncludeo "lack of cooperation". - "Lack of
cooperation" is legal cause within the provision
"other good and just cause." State Tenure
C,omm'n v. Madison County Bd. of Educ., 282
AIa.658,213 So. 2d 823 (1968).

Rcfusal by school trusteer to accept
assignment of teacher. - The court declined to
decide whether refusal by school trustees to
accept assignment of a teacher to their school as
provided for in 5 16-10-4 would constitute "other
good and just cause" under this section,
inasmuch as the requirements of 5 1&lG4 were
not shown to have been complied with. Pickens
County Bd. of Educ. v. Keasler, 263 Ala. 231, 82
So. 2d 19? (1955).

Evidence juetitied removal of teacher by
county board of education. Cooper v. Perry
County Bd. of Educ., 264 AIa.251,86 So. 2d 832
(1956).

Thia section has no application to the
transfer of a teacher on continuing service
status. Clark v. Beverly, 257 !ila.484, 59 So. 2d
810 (1952).

Cited in Traweek v. Pittman, 259 A\a.24,65
So. 2d 504 (1953); Ex parte Darnell, 262 Lla.7l,
76 So. 2d 7?0 (1954); State ex rel. Lattimore v.

Board of Educ., 266 Ala. 588, 98 So. 2d 420
(1957).

Collateral references. - ?8 C.J.S., Schools &
School Districts, SS 193, 194.

Rejection of public school teacher because of
disloyalty. n ALRZd 487.

Revocition of teacher's certificate for moral
unfitness. 9? ALR2d 827.

5 1G24-9 TENU]

The employing board 01

stating in detail the reasor
time and place at which th
notiee, which date shall n

service of such notice to t}
with postage prepaid ther,
shall also inform the teach,
must file with the board,
for hearing, notice of an inr
to prevent the suspensior
cancellation and the final
result of such hearing s

suspension. If the teacher
at least five days prior t
employing board may disn
shall be final. At a contes
discretion of the teacher, e
counsel and shall have a
witnesses and other evid
cancellation of such contra
witnesses. The board, or
administer oaths, take depr
of witnesses and productio
the dispute or claim. If req
to testify either in support
witnesses shall be entitled 1

called in civil cases in the r

the same to be paid out ol
accountable for the witnes
by the teacher. In ca^se a ;
its authorized representati
that the testimony or evid
court shall issue a subpoe
the board or its represental
to the matter at issue; a p
shall be punishable by the
Doardbemployacomp€tr
the proceedings at such her
nearing, the employing bor
cancellation of the contracl
the decision for a period n
taken immediately followir
oe evidenced by the minute
compliance with this sectiol
Acts lg5l, No. 6go, p. llg

if
r

0 f6-24-9. Same - Procedure; hearings.

An employment contract with a teacher on continuing service status may be

cancelled only in the following manner:

to discharge the duties of his

282 A1a.658, 213 So. 2d 823

222



s 1624-9

ons." Nor would the fact tlrat the
rad- set up no fixed ratio between
nd and the minimum studeni
[te t]re action taken erbitrarv
I of Educ., 259 Ala. 559, 6? So. id

; of a teacher who has obtained
rke ststus may not be cancelled
rsUfiable decrcase in tlre number
litions when there ie rctsined bv
ucation e teacher who is qualifiei
eame position, but who has not
nuing service status. Pickens
Iduc. v. Keasler, 263 Ala. 231, 82
5).
end juat c!ure," a8 used in t}re

e law, includes any cause which
oable relation to the teacher,s
ity to discharge the duties of his

Tenurc Comm'n v. Madison
iduc.,282 Ala. 658,218 So. 2d 828

:k of cooperation". - "[ack of
legal cause within the provision
nd just c8use." State Tenure
lison County Bd. of Educ., 282
). 2d 823 (1968).

mhool trurteee to accept
cachcr. - The court declined to
refussl by school trustees to

rnt of a teaeher to their school as
i f &lG4 would conetitute "other; cause" under this section,
,requircments of 5 l&1G4 were
,ve been complied with. Pickens
duc. v. Keasler, 263 Ala. 231, 82
D.

tlficd removal of teacher by
rf education. Cooper v. Perry
duc., 264 Ala. 251, 86 So. 2d 8i!2

has no application to the
cachcr on continuing eeryice
Beverly, 257 Ala. 484, 59 So. 2d

eek v. Pittman, 259 Ala. 24, 65
r; Ex parte Darnell, 262 Als.7l,
954h State ex rel. l.sttimore v.

266 Ala. 588, 98 So. 2d 420

lnenceg. - ?8 CJ.S., Schools &
s5 193, l9{.
rblic school teacher because of
.R%t 487.
teacher's certificate for moral
R2d8n.

5 1G24-9 TENURE OF EMPLOYMENT OF TEACHERS S 1&24.9

The employing board of education shall give notice in writing to the teacher

stating in detail t}re reasons for the proposed cancellation and naming the exact
dme and place at which the teacher may appear before the board to answer said

notice, which date shall not be less than 20 nor more t}ran 80 days after the
gervice of such notice to the teache-'by United States registered or certified mail
with postage prepaid thereon to said teacher's last known address. Such notice

shall also inform the teacher that in order to contest said cancellation the teacher

must file with the board, at least five days prior to the date the matter is set
for hearing, notice of an intention to contest. Nothing herein provided is intended
go prevent the suspension of a teacher pending a hearing on sueh proposed

cancellation and the final determination thereof. No teacher dismissed as the
rcsult of such hearing shall receive compensation for the period of such

suspension. If the teacher does not file an intention to contest with the board
at least five days prior to the date the matter is set for hearing, then the
employing board may dismiss the teacher by a majority vote and such dismissal
shall be final. At a contested hearing, which shall be public or private at the
discretion of the teaeher, each party shall have a right to appear with or without
counsel and shall have a right to be heard and to present the testimony of
witnesses and other evidenee bearing upon the reasons for the proposed
cancellation of such contract and shall have a right to cross€xamine the adverse

witnesses. The board, or its authorized representative, shall have power to
administer oaths, take depositions and issue subpoenas to compel the attendance
of witnesses and production of papers necessary as evidence in connection with
the disputc or claim. If requested, the board shall issue subpoenas for witnesses
to testify either in support of the charges or on behalf of the teacher, and such
witnesses shall be entitled to receive the same mileage and per diem as witnesses
called in civil cases in the circuit court of the county where the hearing is held,

the same to be paid out of school furids; provided, that the board shall not be

accountable for the witness fees of more than 10 of the witnesses subpoenaed
by the teacher. [n case a person refuses to obey such subpoena the board, or
its authorized representative, may invoke the aid of the circuit court in order
that the testimony or evidence be produced; and, upon proper showing, such
court shall issue a subpoena or order requiring such person to appear before
the board or its representative and produee evidence and give testimony relating
to the matter at issue; a person failing to obey the court's subpoena or order
shall be punishable by the court as for contempt. It shall be the duty of said
board to employ a competent stenographer to keep and lranscribe a record of
the proceedings at such hearing. After each party has presented its case at said
hearing, the employing board of education may determine the question of the
cancellation of the contract by a majority vote, or it may defer aetion regarding
the decision for a period not to exceed five days. Its action and vote, whether
taken immediately following the hearing or within five days thereafter, shall
be evidenced by the minute proceedings of the board and shall be only after full
complianee with this section. (Acts 1939, No. 499, p. ?59; Code 1940, T. 52, 5 359;

Acts 1951, No. 690, p. 1191; Acts 1953, No. 773, p. 10a0.)
rg service status may be

223



s 1G24-9

Thir scctlon provldcr the only manner in
whlch an employmcnt contract wlth a teacher
on contlnulng servlce etatur may be ccncelled.
Its provisions are mandatory and jurisdictional.
Whittington v. Barbour County Bd. of Educ., 250
AIa. 692, 36 So. 2d 8:l (1948); Faircloth v. Folmar,
252 ltla- 223, 40 So. 697 (1949).

This section governs exclusively insofar as
notice and other procedural requirements are
concerned in the cancellation of a contract of a
0enurc teacher, and 5 1&24-12 controls as to the
termination of employment of a probationary
teacher. State ex rel. Steele v. Board of Educ.,
252 41a.254, 40 So. 2d 689 (1949).

If a ienure teacher's reason for not accepting
a gchool is not satisfactory the board has no
right to cancel his contract sr.mmarily. This
section furnishes the only procedure to that end.
Fair.cloth v. Folmar, 252 Als. 223, 40 So. 2d 69?
(1949).

A teacher of continuing service status can
have a contract cancelled against her will only
for the cauges set out in 5 lS24-8 and upon
pursuing the procedure provided in this section.
Autry v. Board of Educ., 285 Ala. 617, 235 So.
2d 651 (1970).

Naturc of proceeding. - The proceeding
before the board for cancellation of the
employment contract is not a civil action, or a
criminal prosecution within the purview of 28
U.S.C. 5 1443, nor is the board a court within the
meaning of the statute. Alabama v.
Buckinghom, 437 F.zd 116 (5th Cir. 19?1).

No portlcular form of procedure le
preecrlbcd for hearings, but of course duc
proceoo must b€ observed. This is the rule
generally applicable as to hearings provided for
by statutc before adminishative agencies.
Board of Educ. v. Kennedy, 256 Ala. 4?8, 55 So.
2d 5rl (1951).

The use of the word "hearing" shows a
manifest purpose of compliance with the
requirements of due prrcess of law. State
Tenure Comm'n v. Madison County Bd. of Educ.,
282 Ala. 658, 213 So. 2d 823 (1968).

A rcquirement of a hearing in t}re exercise of
quasi-judicial powers has obvious reference to
thetradition of judicial proceedinge with respect
to those fundamental requirements of fairness
which are of the essence of due process in a
proceeding of a judicial nstutr. State Tenune
Comm'n v. Madison County Bd. of Educ., 282
Ala. 658, 218 So. 2d 828 (1968).

When en act confers on en administrative
officer or board the power and duty to make a
conclusive finding of facts which affects the
subst8ntial rights of anotlrer, when to do so
requiree procedural due prccess, tlte court may,
in canying out the intention of the legislaturc,
hold that such prccess was intendad to be
applied. State Tenure Crmm'n v. Medison
County Bd. of &luc., 282 Ala. 658, 213 So. 2d 823
(1968).

EDUCATION s 1G24-9

Thlr chaptcr clearly contemplatce the
rudlmcntary requlrementr of falr play with
rcasonable notice and opportunity to be present,
information as to charges made and opportunity
to controvert such charges, the right to examine
and crrss+xamine witnesses and submit
evidence and be heard in person and by counsel.
Boerd of Educ. v. Kennedy, 256 Ala. 478, 55 So.
2d 5ll (1951); County Bd. of Educ. v. Oliver, 2?0
Ala. 10?, 116 So. 2d 566 (1959).

Provleionally certiflcated teacher not
entitled to hcaring. - Where a teacher was not
regularly certificated under $ 1624-1, but was
only provisionally certificated under 5 1&23-3
by reason of an emergeney created by war, such
teacher was plainly not entitled to the hearing
provided for in this section. Steele v. Matthews,
258 AIa.255,44 So.2d 1 (1949).

Bight of teacher to ghor that proceeding
motivated by pcraonal rca8onr. - In a
proceeding under this section to cancel the
contract of a tenure teacher on ground of
insubordination due process must be observed
which requires thet she be permitted to show
that the proceeding was motivated by personal
reasons because she was a member of a
teachers' union and that she was treated
differently fium other teachers. State ex rel.
Steele v. Board of Educ., 252 A\a.254,40 So. 2d
689 (1949).

Bequirement as to record vote. - In the
matter of cancellation of a teacher's contract the
lawmakers appeer to have attached some
importance. 0o the matter of record by a
requircment that the vote be "evidenced by the
minute proceedings of the board," but no such
requirement is found as to the matter of
reemploymenl and in the absence of such a
requirement the formality of minute entry is not
essential. Holcombe v. County Bd. of Educ., 242
Ala.20,4 So. 2d 503 (1941).

Actlon of county board held arbitrarily
unjust. - Action of the county board of
education in sustaining charges against tenure
teacher and cancelling his contract held
arbitrarily unjust. Board of Educ. v. Kennedy,
256 Ala. 4?8, 55 So. 2d 511 (1951).

Accrual of back eal8ry. - The legislature
intended that when a final determination was
made deciding e teacher should not have been
dismissed, the original suspension and the entire
period of suspension should be held for naught
insofar ae back salary is concerned, and e
teacher would be entitled to accrued back salary
for all t}e time he was unjustly suspended.
Madison County Bd. of Educ. v. Wigley, 288 Ala.
202,259 So. 2d 233 (19?2).

Clted in Gainer v. Board of Educ., 250 Ala.
256, 88 So. 2d 880 (1948); Board of Educ. v. StrtB
ex rel. Bowen, 256 Ala. 10?, 53 So. 2d 3?l (1951);
Pickens County Bd. of Educ. v. Keester,263 AIa
231, 82 So. 2d 197 (1955); United States v. Boartl
of Educ.,396 F.zd 44 (5th Cir. 1968); Drake v.

S 1&2+10 rEr\

Covington C,ounty Bd. of Edut
(M.D. Ala. lgl4); DeCarlo v.1
Educ., 52 Ala. App. ?08, Zgf
Burks v. Zeanah, 54 Ala- App.

S r6-24-f 0. Same - Fi
for breaclr

(a) The action of the e
of a teacher's contrac$
provisions of this chapt

(b) The teacher shall I

as hereinafter establishr
such action was in coml
arbitrarily unjust. Such
decision of the emplo
superint€ndent or chairr
days after decision of th
of appeal, the board shz
proceedings to provide a
one for the teacher. Ttre
all papers filed with the
of this chapter,, transcrip
decisions of the board. 1

delivered to the commiss
the hearing. Ttre commis
and the teacher, or a re
heard. The date of such t
board, and the teacher a
of the time and place wl
commission will consider
said board and the evider
by a majority I'ote deten
render its decis,ion withir

(c) No action. shall lie
employment contract of i
1!9; Coa. 1940, T. 52, s t
1040.)

^,9"op of revlew by commfutnts section, the scope of revietenure eommission is limitnd towhether the action by the

l:ff1'il:'#i,frI;.Ing x
c,ou.e., 285 Ala. 6tri, zis so.irsorson County Bd. of Educ. v. ,

zuz, 259 So. Zd 2gS 09?2).
..froeesr not controllcd by sc<tnts sectioh regulates the apper



s 1G24-9

!r clctrly conttmPlstes the
lqulrcmcnts of fslr play with
,ce and opportunity to be prrcsent,

to eharges made and opportunity
rch cherges, t}e right to examini
rmine witnessel and submit
e he8rd in peraon lnd by counsel.
v. Kennedy, 256 Ala. 4?8, 65 So.

bunty Bd. of Educ. v. Oliver, ?10
o. 2d 566 (1959).
y ccrtllicotcd teacher not
rint. - Where a teacher wes not
fic8ted under 5 lG24'1, but was
rlly certificated under S 1G23-8

I emergency created bY war, such
ainly not entitled to t}te hearing
this section. Steele v. Matthews,
{ So. 2d 1 (1949).

rchcr to rhow that Proceedlng
pcrronal rtea6on8, - In a

der this section to cancel the
tenure teacher on gtound of

r due prccees must b€ observed
r that ghe be permitted to show
ding was motivated bY Personal
rs€ 8he was e member of a
m snd that she was treated
,m other teachere. State ex rel.
I of Educ., 252 AIa.254, 40 So. 2d

t 8! to recold vote. - In the
lllation of a teacher's contract the
)Dear to have attached some
,'the mattcr of rccord bY a
rat the vote be "evidenced bY the
lings of the board," but no such
s found as to the matter of
snd in the absence of auch a

c formality of minute entry is not
ombe v. Crcunty Bd. of Educ., 242
zd 608 (1941).
county board held arbitrarlly
ction of the countY board of
ntsining charges against tenure
cancelling his contraet held

ust. Borrd of Educ. v. KennedY,
iti So. 2d 511 (1951).

brck ratery. - The legislature
when a final determination was
e teacher should not have been

original suspenaion and the entire
ension should be held for naught
ck ealary is concerned, and a

be entitled to accrued back salary
ne he w8E unjustlY ausPended.
y Bd. of Educ. v. WigleY, 288 Ala.
r 233 (19?2).
iner v. Board of Educ., 250 Ala.
180 (1948); Board of Educ. v. State
256 Al8. l0?, 6,8 So. 2d 871 (1951);

y Bd. of Educ. v. Keasler, 263 Ala.
19I (1955); Unitcd States v. Board
F.2d {4 (6th Cir. 1968); Drake v.

E tG24-10 TENURE OF EMPI.OYMENT OF TEACHERS 5 1&24-10

n^uinstol c,ounty Bd. of Bluc., 8?l F. supp. 9?4 (19?4); State ex rcI. Ze8ngh v. Berger, 55,AIa.

)#'fi.iil. igzl);"oeCarto v. Tanant Citv Ba' ot App-246,814 So' 2d ?00 (r9?5).

Hlfr l"lr:tt',* lr:fi1 ??, 33,'sl !Tl1[ 
'.fsiff#,I;i";"ibT. 

- ?8 cr s ' Schoora &

0 16-24-f0. Same - Finality of action of employing board;gppeal8; damages
for breach of contract.

(a) The action of the employing board shall be final in its action on cancellation

of a teacher's contract; provided, that such action was in compliance with the

Drovisions of this chapter 8nd was not arbitrarily unjust.
' 

O) The teacher shall have the right to appeal to the state tenure commission,

as hereinafter established, to obtain a review by the commission as to whether

such action was in compliance with this chapter and whether such action was

arbitrarily unjust. Such appeal shall be taken by filing within 15 days after the

decision of the employing board a writtpn notice of appeal with the

Buperint€ndent or chpirman of said board. If said eppeal is no! taken within 15

days after decision of the board, the board's decision shall be final. Upon notice

of appeal, the board shall cause to be made sufficient copies of the record of
Droceedings to provide a copy for each of the members of the commission and

one for the teacher. The record shall consist of all notices given to the teacher,

all papers filed with the board by the teacher in compliance with the provisions

of ihG chapter, transcript of testimony and other evidence and the findings and

deeisions of the board. The requisite number of copies of the record shall be

delivered to the eomrnission and to the teacher within 20 days from the day of
the hearing. The commission shall set a date for the hearing at which the board

and the teacher, or a representative of each, shall have an opportunity to be

heard. The date of such hearing shall be within 40 days after the decision of the

board, and the teacher and the board shall be given at least five days' notice

of the time and place where the appeal will be considered. On said appeal the

commission will consider the case on the reeord of the proceedings before the
said board and the evidence as recorded at such hearing. The commission shall

by a majority vote determine the validity of the action by the board and shall

render its decision within five days after its hearing.
(c) No action shall lie for the recovery of damages for the breach of any

employment contract of a teacher in the public schools. (Acts 1939, No. 499, p.

?59; Code 1940, T. 52, S 360; Acts 1945, No. 411, p. 646; Acts 1953, No. 773' p.

1040.)

Scope of review by commlssion. - Under a teacher whose contract has been cancelled,
this siction, the scope of review by the state whereas I lG24-7 regulates th9 appeal
tenure commission is limited to the question of processes for a teacher who has been

whether the ection by the board was in transferred to another school or position.-One
compliance with this chapter and whether euch prccedure will not control the other procedure,

action was arbitrarily unjust. Autry v. Board of and the two csnnot be used interctrangeably.
Educ., 285 Ala. 61?, zBs So. 2d' 651 (19?0)i lamar County Bd. of Educ. v. Steedley, 45 Ala.
Madison County Bd. of Educ. v. Wigley, 288 Ala. App. 672, 236 So. 2d 83? (1970).

202,259 So. 2d 23S (19?2). compllance wlth the rtatutory mandate for
Procena not controlted by rectlon 16.24-7.- an app-al from a trangfer lsJurlsdictlonal and

This section regulates the appeal processes for suchstatutorymandateisnotmetbycomplianee

225



5 1&24-11 EDUCATION E tt24-t2 E l&lz4"Lz TE]

with the statutory prcviEions to perfect an
appeal from e cancellation of a continuing
seryice contract. Greene v. County Bd. of Educ.,
280 Ala. 66?, 197 So. 2d ?71 (196?).

Inhlbitlon agalnot actlon at lar lnscrted to
precludc actlon for damegcr ar alternatc
method of obtalnlng rcvler. - Since the
original Act of 1939 limited a review by a bill in
equity for specific performance, the inhibition
against an action st law to recover damages was
inserted to preclude any aggrieved tcacher from
employing an action for damages as an alternate
method of obAining a review, and also from
recovering punitive damages for wrongful
prosecution of chargee as grounds for his or her
discharge. Tipton v. Board of Educ., ?76 Ala.
571, 165 So. 2d 120 (1962).

Due prnceer must be observed by all boerds,
as well as courts. Due pnocess, in more ordinary
language, is held to mean "fair play." Staa
Tenure Comm'n v. Madison County Bd. of Educ.,
282 Ala.658, 213 So. 2d 823 (1968).

Whcn a county board refused to relnetate a
teacher after a Judlctal decieion that its
diachargc action was arbitrarily ur{uet, one of
the teacher's remedies was to seek specific
performance of the contract. Madison County
Bd. of Educ. v. Wigley, 288 Ala. 202, 289 So. 2d
233 (1972).

S l6-24-f f. Same - By teacher.

No teacher, whether in continuing senrice status or not, shall be permitt€d
to cancel his or her contract during the school term for which said contract is
in effect, nor for a period of 45 days previous to the beginning of such school
term, unless such cancellation is mutually agreed upon; any such teacher shall
be permitted to cancel his or her contracfat any other time-by gi;in; iiu" d"yr'
written notice to the employing board of education. Any teacher cancelling his
or her contract in any other manner than in this section provided shall be deemed
guilty of unprofessional conduct, and the state superintendent of education is
hereby authorized to revoke or suspend the certificate of such teacher. (Acts
19q9,ryo. 499, p. 759; Code 1940, T. 82, 5 BGl(l); Acts 1949, No. 2b0, p. B?B;Acts
1953, No. 773, p.1040; Acts 1g?3, No. 10?g, p. 1895, S 1.)

- Te-nrrre teachels rlght to reslgn ls restrlcted Cited in Enzor v. Faircloth, 253 Ala. 266, 43
by this section. Faircloth v. Folmar, 252 Ala. So. 2d 8ll (1ga9).
223, 40 So. 2d 69? (1949).

g 16-24-12. Teacher deemed reemployed for succeeding schDol year unleEs
notified.

Any teacher in the public schools, whetler in continuing service status or not,
shall be deemed offered reemployment for the succeeding school year at tle
same salary unless the employing board of iducation shall cause notice in

Scctlon not lntendcd to deny teacher
compentatory damager for wrongful
dhchargc. - It was not the intention of-the
legislature to deny a teacher comD€nsatorv
damages, lawfully- pursued, for hii or he'r
wrongful discharge. Such compensatory
damagea would include loss of salery untesi
mitigated by other employment. Tipton v. Board
of Educ., 276 Lla.5?1, 165 So, 2d 120 (1962).

Adminlstrstrlx of teacher'o eetatc may
rac-over demager for hh wrongful dlschargc.

- Where a teacher is dead, and of course cannot
be reinstated, the administratrix of his estate is
entitled on appeal to have a det€rmination of his
status to the end that she may recover damages
accruing to the estate of the tcacher by virtue
of his wrongful discharge. Tipton v. Board of
Educ., Z16 Ala. 571, 165 So. 2d 120 (1962).

Clted in Gainer v. Board of Educ., 250 Ala.
256,33 So. 2d 880 (1948); Board of Educ. v. State
ex rel. Bowen, 256 AIa. 107, 53 So. 2d S?l (l95l);
Pickens County Bd. of Educ. v. Keasler, 263 Ala.
231, 82 So. 2d 197 (1955); State ex rel. l,attimore
v. Board of Educ., 266 AIa. 588, 98 So. 2d 420
(195?); Greene v. County Bd. of Educ., 280 Ala.
667. 197 So. 2d ??l (196?); DeCarlo v. Tarrant
City Bd. of Educ., 41€F.At 1026 (5th Cir. 19?3);
Drake v. C,ovington County Bd. of Educ., 3?l F.
Supp. 9?4 (M.D. Ala. 1974).

writing to be given said
in which the teacher is
acceptd such employr
of education in writing
The employing board o
in continuing service st
any teacher whether in
maioriffof its members
to or at the time of anl
52, 5 361(2); Acts 1948,
No. 1079, p. 1835, 5 1.)

Thig section appller only
teachers and has no appl
leachers. State ex rel. Steele
252 Ala. 254, 40 So. 2d 681
Matthews,253 AIa. ZSS,4{ So
v. Faircloth, 253 Ala. 266, 4it

Or regularly certiflcatcd
continuing serricc strtur. -have application to a regr
teacher who has not attaind
status by rcason of not havi
required length of time, anr
have a field of operation wi
teacher who has only a provis
te_ach during an emeigency. S
253 Ata. zli, 44 So. zt r irglBut not to teachcr .
Provisional certificatc to
.mergency. _ Th.is section w,
aPply its benefits to a teacher
under a certificat{} valid for on
ot an emergency. Steele v. M
zc5, 44 So. 2d t (1949).

The provisional certifieate
section l&28-3 operates or
emergency, and it'is within
stale superintendlent of eduadvice of the countv suedueation, to deterriine
eTgrgency has expired. This
mthout application to such sr
oependent upon the continuin.
emergency. Steele v. Matthewi
rro. 2d I 0949).
_ And reempl,oyment of ruch
l::u$d upon faiture to gcannot be assumed that the le-1

:3! a c.oltract of reemplo]

tffi .'l#"trr*_f ;,x,*",Lri

HLr*"lJ?; u#;l"";X:ute state superintendent of e

niff ":J""JiliH'",1,*Tli:

*r



,t l&24-L2

;tinc to be given said teacher on or before the last day of the term of the school

I'*f,iit, the teacher is employed; and such teacher shall be presumed to have

l-""t"a such employmen[ unless he or she shall notify the employing board

li.*"iuoUo, in writing to the contrary on or before the fifteenth day of June.

Ii," .rplonng board of education shall not cancel the eontract of any teacher

i,'"ontinuing iervice status, nor cause notice of nonemployment to be given to

ll,"-t"act et *hether in eontinuing senrice status or not except by a vote of a
liioritv of its members evidenced by the minute entries of said board made prior

i"-i, 
"i 

tt. time of any such action. (Acts 1939, No. 499, p. ?59; Code 1940, T.

iZ, S gOt(Z); Acts 1945, No. 411, p. 646; Acts 1953, No. ??3, p. 1040; Acts 1973,

No. 1079, P. 1835, 5 1.)

certificate shall be granted for that year. Steele
v. Matthews, 253 Ala. 255,44 So. 2d I (1949).

Notice requlrement not applicable to
teachers of continuing service statue. - A
teacher of continuing service status can have her
contract cancelled against her will only for the
causes set out in I 16-24'8, and upon pursuing
the procedure provided in S lG24-9, and
thereiore the notice required by this section has
no application. Enzor v. Faircloth, 253 Ala. 266'
43 So. 2d 8ll (1949), citing Faircloth v. Folmar,
252 A\a.223, 40 So. 2d 69? (1949).

Question of reemployment to be determined
by county board. - The county board of
education is the "employing board" within this
chapter, and if the teacher is not to be retained
for another year such teacher has the right to
expect that such matter be determined upon the
judgment of the county board as expressed in its
wriiten memorials and at a meeting where the
board acts as a board and not as individuals.
Board of Educ. v. Baugh, 240 Ala.39l' 199 So.

822 (1941).

And auperintendent acts as voice of board in
Siving notice. - The superintendent, in giving
ihe teaehers notice that their services will not be

desired for the sueceeding year, is only acting
in that capacity as the voice of the county board
and not oiherwise, and a teacher receiving such
notice has a right to assume that preceding its
issuance the deiiberative body, the county board,
has duly considered and acted upon the matter.
Board of Educ. v. Baugh, 240 Ala. 391' 199 So.

822 (1941).

Notice must be given. - This section has been

construed to mean that notice must issue to
tcach6rs of nonemployment, according to the
requirements of statute, whether or not they fall
within the continuing service class or status.
Brown v. Board of Educ.,242 Ala. 154, 5 So. 2d

629 (1942).

Under direction of county board. - This
section was intended to secure to the teacher a

continuing senrice for the succeeding year,
unless notified to the contrary pursuant thereto;

TENURE OF EMPLOYMENT OF TEACHERS g LG24-12

not lntcndcd to denr

ilt+ffi-liffi
,:,FHfrfr*t}ffif,,,H
ffidi.':::*j,i"rlix-ft
tcecher is dead, and of cou
a;tt," "d'iiltd'i; oin:ot 

onor

,ffifiitiil$Hrssffi

rfd',ri','l!iit'qTx?,ii,?iimiainer v. Board of Educ., 26ij 41
d 880 (1948); Board of Edu
rn, 286 Ala. l0?, 53 So. 2d i?r'il#l:

H*l*fll3$L[iH|:.hffi
n9 -v._Coqn_ty_Bd. of Educ., 280 AE
2d 7?l (196?); DeCarlo v. Tarnili

Educ., ,173 F.2d 1CI26 (5th Cir. Dai>
vilglon Crcunty Bd. of Educ., S?i p]
[.D. Ah. r9?4).

ls or not, shall be permitt€d
m for which said contract is
he beginning of sueh school
upon; any such teacher shall
her time by giving five daye,
r. Any teacher cancelling hir
ion provided shall be deemed
perintendent of education is
icate of such teacher. (Acts
ts 1949, No. 250, p.373;Acts
15, 5 1.)

inzor v. Faircloth, 253 Ala. 266, d8
949).

eeeding sch0ol year unlees

inuing service status or nof
cceeding Bchool year at the
:ration shall cause notice in

Thie section applies only to probatlonary

r::ffI #t litl"';x,*f:H:l,J:' Eix;:
i^q A,t".254. 40 So. 2d 689 (1949); Steele v.
"ni*t},l*., zbb Ala. 258, 44 So. 2d I (1949); Enzor

J. Faircloth, 253 Ala. 266, 43 So. 2d 8ll (1949).

Or regularly certificated teachers not on

-itinuing 
gervice st8tug. - This section could

iive application to a regularly certificated
Lcher-who has not attained continuing service

it tu. Uy reason of not having taught for the

,eouired- length of time, and therefore it can

iraie a fietd of operation without including a

Gacher who has only a provisional certificate to

tcach during an emergency. Steele v. Matthews,

253 Ala. 255,44 So. 2d I (1949).

But not to teacher emploYed under
orovisionat certificate to teach during
lr.rg"n.y. - This section was not intended to

roptv its benefits to I teacher who is employed
undir a certificate valid for one year on account
of an emergency. Steele v. Matthews, 253 Ala.
255,44 So. 2d I (1949).

The provisional certificate provided for in
section 

- 
1G23-3 operates only in cases of

emergency, and it is within the power of the
state-superintendent of education, upon the
advice of the county superintendent of
education, to detcrmine whether such
emergency has expired. This section would 6e

without application to such situation, whieh is
dependen[ upon the continuing existence of an
emergency. Steele v. Matthews, 253 Al,a.255, 44

So.2d I (1949).

And reemployment of such a teacher is not
presumed upon failure to give notice. - It
iannot be asiumed that the legislature intended
that a contract of reemployment would be
presumed by the failure to give notice to the
holder of a provisional teaching certificate by
May l, 1948, when such contract of
rtemployment is dependent upon a finding by
the state superintendent of education that an
emergency exists for the next school year, which
is the condition upon which a provisional

227'



and this writtcn notice to the contrary, must be
given under the direction of the county board not
later than June 15. Board of Educ. v. Baugh, 240
Ala. 391, 199 So. 822 (1941); Brrwn v. Board of
Edluc.,242 Ala. 154,5 So.2d 629 (1942).

And matter cannot be delefatcd. - l{ritten
notice of the termination of a teacherrs
employment involves a delicate exercise of a
wise discretion by the county boerd which could
not delegate the matter to the county
quperintendent of education or anyilne else,
Board of Educ. v. Baugh, 240 Ala. B0l, 199 So.
822 (1941); Brown v. Board of Educ., 242 Ala.
154, 5 So. 2d6?9 Q942L

Notices given by superlntendent cgnnot bc
subsequently ratilted by boird. - Where the
notice by the superinCendent made reference to
a recommendation of the local board of trustees,
a matter not alluded to by the county board in
any of its motions or resolutions, it was held that
such reference added nothing to the legality of
the notice, and that the proceedings weri wh-olly
invalid, as it was never the legislafive intent thai
the county superintendent of education be
permitted to give these notices with subsequent
rrtification by the county board. Board of liduc.
v. Baugh, 240 Ala.39r, 199 So. 822 (1941).

And resolution delegating power to
superintendent was void. - Where resolution
attempting to delegate to superintendent power
to terminate employment of teachers was void,
county board could not thereafter ratify action
of superintendent in giving notice of termination
to certain teachers. Board of Educ, v. Baugh, 240
Ala. 391, 199 So. 822 (l9ar).

And a nullity. - l{here resolution purporting
to authorize superintendent to tprminate
employment named no Ceacher the resolution
was a nullity. Board of Educ. v. Baugh, 240 Al.e'.
391, 199 So. 822 (1941).

Letter not purporting to terminate contract
held inefflcacious. - A form letter by a
superintendent of education to a teacher which
did not purport to terminate the contract then
existing between the teacher and the board of
education was held inefficacious to effectuate a
cancellation of said contract. Board of Educ. v.
State ex rel. Bowen,256 Ala. l0?, EB So.2d B?l
(1951).

Teachers eimllarly eituated may maintaln
one action. - This chapter intended that
teacher:s generally situated might maintain one
action for specific performancC of employment
contracts where their rights were dependent
upon a common question of law and fact, since
such complaint bears some analogy to a suit by
a creditor for himself and all otirer creditors
similarly situated who choose to come in and

EDUCATION s 1&24.12

gharc in the expense of litigation. Board of &luc.
v. Baugh, 240 AIa.391, 199 So. 822 (1941).

And complatnt not bc ..multlfarlou.". 
-Complaint filed by 12 teachers, discharced

contrery to , this chapter, for specinc
performsnce of employment contracts was hela
not subject to objection of ,,multifariou8ness,,,

since complainants all belonged to a given class
and the rights of each were dependent uoon
single issue of law and facl Board of Educ. v.
Baugh, 240 Als.39l, 199 So. 822 (1941).

Substsntlol compliancc rlth rectlon. -lYhere school board, in its regular March
session, at which question of reemployment of
teachers wss discussed, determined tlrit certain
teachers should not be reemployed and directed
in writing that itg secretary give written notice
to those who werc not to be reemployed, and that
written direction was on file ambng board,s
rccords and teacher was given written notice in
due time, there was, as to him, substantial
compliance with this section, though direction to
the secretary was not in the form of e rcsolution
by the board and was not spread on minutes of
the board. Holcombe v. County Bd. of Educ.,24Z
Ala. 20, 4 So. 2d 503 (1941).

. \ilhere county board of educstion hed beforeit recommen{ations of local trustees as to
reemployment of specified teacherc, and matter
of giving notices to teacherc who werc not to be
rcemployed was discussed by board and
superintendent, and on superintendent's
recommendation board authorized noticee which
superintendent issued and sened on such
teachqrs, this section was suffieiently complied
with. Baugh v. Board of Educ., 244 Als.5Z2, Lt
So. 2d 508 (1948).

Where the lastday of the school term was May
18, and the notice of termination of the teacher's
contract was given to teacher under date of May
7, there was a compliance witlr this section, State
ex rel. Lattimore v. Board of Educ., 266 Ala. 888,
98 So. 2d 420 (1957).

Evldence of amended minutes admiaeible. -See Baugh v. Board of Educ., 244 lrla. 522, 14
So. 2d 508 (1943).

Clted in Gainer v. Board of Educ., 250 Ala.
256,33 So.2d 880 (19a8); Whittington v. Barbour
County Bd. of Educ., 280 Ala. 602, 86 So. 2d 83
(_1918); Ra.rey v. Hopkins, 320 F. Supp. 4?7
(N.D. Ala. 1970); Autry v. Bosrd of Edu;., 285
A-le. 6l?, 235 So. 2d 6sl (19?0); Irby v.
McGowan,380 F. Supp. l(}zt (S.O. Als. 19?4).

Collateral referencer. - 78 CJ.S., Schools &
School Districts, S 1g?.

Sufficiency of notice of intention not to renew
teacher's contract, under automatic rcnewal
statutes. 92 ALR2d 751.

S 1G2&18 TENU

0 l6-2&f3. Effect of lea

Leave of absenee for a
a teacher by the employi
cuntinuing status of e te
extend the leave of abser
upon the rcquest of a tea
the military sendce of the
of war between the Unitr
absence shall be granted
the beginning of the schor
is released from said milir
must give'written notice
he desires to be reemploy
employing board of educa
or before the date specifi
employing board has no fr
said teacher. The term "n
shall include the Army of
Co.?s, the Coast Guard
Auxiliary Corps and the Il
those persons commissio
ent€ring into the seryice
formed by the governmen,
serYice of the United Star
has accumulated one or n
board of education immed:
oedit for such experienc(
continuing seryice status
education within one year i

(Acts 1939, No.4gg, p. ZSS
Acts 1988, No. ??8, p. 104

^ 
Collateral references. - ?8 C

sehool Districts, SS t?g(b), 20S.

s

0 16.24-g0. Creation; eon

There is hereby creak
membeN, who shall be selt
of the Alabama education
tenure commission, 8nd th
sssistant from his office w
1959, No. G4B, p. 1bE?, S I

E L&24-r2

i.

Ft



s lszcu g 1&24-13 TENURE OF EMPI,OYMENT OF TEACHERS s 1&24-30

0 16-24-f3. Effect of leave of absence on continuing serYice status.

fuave of absence for a period of one year for good cause may be granted to

s tpacher by the employing board of education without the impairment of the

continuing status of a teacher; prnvided, that for valid reason the board may

extend the leave of absence for one additional year; and provided further, that

upon the request of a teacher who has heretofore or who shall hereafter enter

the military service of the United Statcs at a time when there is an existing state

of war between the United States of America and any other country, leave of
absence shall be granted to such teacher for the duration of the war and until

t1e beginning of the school year next succeeding the date on which said teacher

is released from said military senice; and, on or before such date, said teacher

must give written notiee to the employing board of education whether or not

he desires to be reemployed by said board. If such notice is not received by the

employing board of education, or if the teacher notifies the employing board on

or Lefore the date specified above that he does not desire reemployment, the

employing board has no further responsibility with resp-ect to reemployment of
said teacher. The term "military service of the United States," as used herein,

shall include the Army of the United States, the United States Navy, the Marine

Corps, the Coast Guard, the Army Specialist Corps, the Women's Army
luiiliary Corps and the Women's Volunteer Reserve of the United States Navy,

those persons commissioned in the public health service or those persons

entering into the service of any similar organization heretofore or hereafter

formed by the government of the United States. A teacher entering the military
service of the United States, who is not on continuing service status but who

has accumulated one or more years of teaching experience with an employing

board of education immediatcly prior to entering military service, shall be given

credit for such experience with the employing board of education in attaining
continuing service status, if such teacher is reemployed by said board of
education within one year after the release of that teacher from military service.
(Acts 1939, No. 499, p. ?59; Code 1940,,T. 52, 5 361(3); Acts 1943, No. 313, p.300;

Acts 1953, No. ??3, p. 1040; Acts 1975, No. 10?9, p. 1835, 5 1.)

Collaterat references. - ?8 C.J.S., Sehools &
School Districts, 55 179(b), 203.

Anrtcm 2.

SrAts TpNunu CourtltsstoN.

0 16-24-30. Creation; compoeition; eecretary; legal advieer.

There is hereby created a state tenure' commission to consist of seven
members, who shall be selected as hereinafter provided. The executive secretary
of the Alabama education association shall be ex officio secretary of the state
tenure commission, and the attorney general shall assigir to the commission an

assistant from his offiee who shall be the legal adviser to the commission. (Acts
1959, No. 643, p. 155?, S 1; Acts 19?3, No. 10?9, p. 1835, 5 1.)

'i'iflflt#'r,1glfl:
nffi,ffififfi
rlrat Gompllancc rlth
lf***#'"JT"tri"ff.*-

51gj1iffi i-tffiho werc not to be rcemolor
recuon ;;;'fii;"Y'Yed' 8nd uut
d teacher was given wdtil-s 

bglrd'a

ttrere was, d't"'r,i"i"*-1Pu.. tr
, *ur-u,is;;G, lrr,ii'li, ;i#ffntry w8s not in t}e form 6f

$qtrd';fnffitrfir.#
run$.board of education had hfonendations .oJ !*t trustees ;-i;ent of epecified teachers, 

"na 
,nit#

rtices to tfachers who were not to hI ** discussed bv board 
-ril

len! - and- on .,ip".int na.iii
ation board- au ttrodzea' noUcee i-ild;lent igsued and served on ruch
ris section wes eufficiently complcJ
l- I: Id of Extuc., %4 ita.. lb:ii
,1943).
I lest day of tlre school term was llry
rotice of termination of the teacherri
s given to teacher under date of l{rv
a compliance with this section. Ste-ti
nore-v. Board of &luc., 266 Ala. 6g3,
:0 (195?).
of emcnded minutee admiosiblc._
I:P^g"d of Educ., 244 Ata.522,tt
1943).
Iainer v. Board of Educ., 250 Ah.
1880 (f 9{8); Whittington v. Barbour
rf Educ., 280 Ala. 602, g6 So. 2d t8
sey. v. Hopkins, 8m F. Supp. l?
170); Autry v. Board of Edui., 2eS
p^5_ ts. 2d 6sr (r9?0); Irby v.
l0 F. Supp. l@t (S.D. Ala. r97{r.
rcfer.cnces. - 78 CJ.S., Schools &

icts, 5 l9?.
I of notice of intention not to rcnet
ntract, under automatic renewd .:

aLR2d 75r.

229