Section 16-24-37

Direct appeal by certain teachers denied hearing before local board of education.

A teacher who has attained continuing service status and has been denied a hearing before the local board of education as required by Section 16-24-6 or 16-24-9 shall have the right to appeal directly to the State Tenure Commission for relief. The appeal shall state facts sufficient to allow the commission to determine tentatively whether or not the local board of education has complied with the provisions of Section 16-24-6 or 16-24-9. The local board may answer or deny in writing the facts set out in the teacher appeal and, if it fails to so deny, the facts set out in the appeal must be taken as true. The commission shall review the teacher's request and the local board's answer or denial and shall determine, with or without hearing, whether or not the local board of education has complied with the provisions of Section 16-24-6 or 16-24-9, whichever is involved. Based upon its findings the State Tenure Commission shall:

(1) Order a hearing before the local board;

(2) Determine that the teacher has been transferred or dismissed in violation of the law and rescind the action taken by the local board; or

(3) Sustain the action taken by the local board.

Action taken by the State Tenure Commission under this section shall be final to the extent provided under this chapter for any other action of the commission.

(Acts 1973, No. 1079, p. 1835, §1.)