State Codes and Statutes
Statutes > Alabama > Title16 > Chapter24 > 16-24-7Section 16-24-7
Transfer of teacher - Review.
No transfer shall be effected until the time for filing notice of contest has expired and, if notice of contest is filed, not until the hearing officer has approved the transfer. The teacher may obtain a review by a hearing officer of the board's decision. Such contest shall be taken by filing a written notice of contest with the superintendent within 15 days after the receipt of the notice of the decision of the employing board. If the contest is not timely filed, the board's decision shall be final. If notice of contest is filed, the hearing officer shall be selected as provided in subsection (b) of Section 16-24-20. Upon selection, the hearing officer shall immediately cause notice to be given to the parties of the date and time for a hearing, which hearing shall be held no less than 30 days and no more than 60 days following the appointment of the hearing officer. The parties shall agree as to the location of the hearing, and, if the parties are unable to agree, the hearing officer shall determine the location within the jurisdiction of the employing board. Within 10 days of the appointment of a hearing officer, the board shall cause to be made a copy of the record of proceedings for the hearing officer and 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 this chapter, a transcript of testimony before the employing board, other evidence and/or information, and the findings and decisions of the board. At such hearing, the teacher and employing board shall make presentations on the facts and the law, but no witnesses shall be called. The hearing officer shall consider the case on the record of the proceedings before the board and the arguments at such hearing. The hearing officer shall determine whether the evidence was insufficient for the board to take the action, whether such action was taken for political or personal reasons, or whether such action was arbitrarily unjust. The hearing officer shall render a written decision, with findings of fact and conclusions of law, within 30 days after its hearing. The decision of the hearing officer shall be final. Expenses of the hearing officer shall be paid by the State Department of Education.
(Acts 1953, No. 773, p. 1040, §1; Acts 1981, No. 81-686, p. 1156, §1; Act 2000-733, p. 1588, §9; Act 2004-566, p. 1330, §1.)