Section 16-24-10

Cancellation of contracts - Finality of action of employing board; appeals; 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 provisions of this chapter and was not arbitrarily unjust.

(b) 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 written notice of appeal with the superintendent or chairman of said board. If said appeal is not 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 proceedings 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 paper filed with the board by the teacher in compliance with the provisions of this chapter, transcript of testimony and other evidence and the findings and decisions of the board. The requisite number of copies of the record shall be delivered to the commission and to the teacher within 10 days from the day of the filing of the notice of appeal. 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 not less than 30 days nor more than 60 days after such notice of appeal is filed, 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 record 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. 759, § 8; Code 1940, T. 52, §360; Acts 1945, No. 411, p. 646, § 1; Acts 1953, No. 773, p. 1040, § 1; Acts 1981, No. 81-686, p. 1156, §2; Act 2000-733, p. 1588, § 9.)