The Teacher Tenure Act of Alabama protects teachers against unfair termination.
In some locations, teachers are hired and fired for reasons other than their job performance. Some are dismissed due to the personal reasons of school officials or the combining of classrooms or schools. In Alabama, the Teacher Tenure Act protects teachers from getting fired for arbitrary reasons. It removes political and personal motivations from the termination process. The law is found in Title 16 of the Code of Alabama of 1975.
Tenure Definition
According to Alabama law, tenure is "a property right granted by the Legislature to guarantee that a teacher cannot be arbitrarily or capriciously dismissed." The law grants teachers the "right" to a permanent "contract of employment." This right cannot be taken away by the school principal, the school board or any other entity without due process and a hearing.
Coverage
Alabama’s Teacher Tenure law protects all certified employees. This includes teachers, supervisors, librarians, counselors and instructors working in public schools and industrial schools. The law protects teachers working for the Alabama Institute for the Deaf and Blind. Principals employed in the principal position prior to July 1, 2000, are also covered. Alternatively, principals may be hired and covered under the Accountability Act. Principals hired under the Accountability Act cannot gain tenure. Vice-principals are covered if they have supervisory responsibilities.
Coverage Exceptions
Some employees are not covered by the Teacher Tenure Act. This group generally includes paraprofessionals, coaches and teacher’s aides. If a teacher’s aid performs the same duties as a teacher, has worked the necessary amount of time to gain tenure and is certified, she may be eligible for coverage under the Tenure Act. Non-tenured teachers are not covered under the tenure law. However, they do have the right to a notice of nonrenewal. School employees who are not covered by the Tenure Act receive protection from the Fair Dismissal Act.
The Tenure Process
To qualify for tenure, Alabama teachers must be certified and work for a school board for three consecutive years. She must be reemployed by the same school board for the fourth year. A break in the employment period disrupts the tenure process. Teachers who meet tenure qualifications receive tenure the last day of the school year of their third consecutive year of the first day of the school year of their fourth year.
Termination
A tenured teacher cannot be fired without cause. Reasons for termination include insubordination, incompetence, immorality, neglect of duty and failure to perform duties in a "satisfactory manner." In some cases, tenured teachers may be terminated if there is a "justifiable decrease in the number of teaching positions." To terminate a tenured teacher, the school board must provide the teacher with written notice and the reasons for the termination. A hearing is set 20 to 30 days after the notice is issued. At the hearing, the tenured teacher can contest the termination if she provided the board with notice of her intent to do so within five days of the hearing.
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