Section 16-24-7

Transfer of teacher - Appeal.

A teacher on continuing service status shall have the right to appeal within 15 days after the decision of the employing board to the State Tenure Commission, as hereinafter established, to obtain a decision by the commission as to whether such action was in compliance with this chapter and whether such action was taken for political or personal reasons and that such action was not arbitrarily unjust. If said appeal is not taken within 15 days after the decision of the board, the board's decision shall be final. Such appeal shall be taken by filing a notice of appeal with the commission and a copy with the employing board. Such appeal shall be heard not less than 30 days nor more than 60 days after such notice of appeal is filed with the commission, and the commission shall give such teacher not less than five days' notice of the time and place of such hearing. Such teacher shall have a right to appear with or without counsel and shall have a right to present argument to the commission based on the record of the proceedings before the employing board. No transfer shall be effected until the time for filing notice of appeal has expired and if notice of appeal is filed by said teacher not until after a hearing is held and the State Tenure Commission has evidenced its approval of the transfer of said teacher. The action of the State Tenure Commission shall be final and conclusive in determining all questions relative to said transfer and shall be based on the record of the proceedings before the said board and the evidence as recorded at such hearing. The employing board and the State Tenure Commission shall be required to complete the record in accordance with Section 16-24-10.

(Acts 1953, No. 773, p. 1040, §1; Acts 1981, No. 81-686, p. 1156, §1; Act 2000-733, p. 1588, §9.)