Section 16-24B-7

Teacher transfers.

(a) Notwithstanding any other provision of this chapter involving transfers, an employing board may, within 15 days before or after the first day of the school year, transfer a teacher who meets all qualification, certification, grade level, or subject matter requirements, on a temporary emergency basis, provided all of the following conditions are met:

(1) The chief executive officer shall first seek volunteers by posting notice of the vacancy or vacancies in conspicuous locations at all school system sites for at least five working days before transferring a teacher involuntarily.

(2) If there are no volunteers, then probationary teachers who are qualified and certified in grade level or subject matter shall be transferred.

(3) If there are no probationary teachers who are appropriately qualified, certified in grade level or subject matter, teachers on continuing service status who are appropriately certified in grade level or subject matter shall be transferred in reverse order of their seniority with the employing board. If more than one continuing service status teacher has equal seniority, the employing board shall take into consideration qualification, certification, and experience in the position, grade level, or subject matter. Nothing in this section shall be construed to deny a teacher on continuing service status a hearing in the event he or she is subject to an involuntary transfer under this section.

(4) If a vacancy exists at the end of the school year at the former site for which the emergency transferred teacher is qualified, upon the request of the teacher, the teacher shall have a one-time right of first refusal to fill the vacancy at the former site, provided that the vacancy occurs within two years of the transfer.

(b) Upon the request of the teacher, the teacher shall be given a one-time right of first refusal, as provided in this section, to return, at the beginning of the school year, to the position, grade, school, worksite, or subject area from which he or she was originally transferred to effect the emergency transfer provided the vacancy occurs within two years of the transfer.

(c) Emergency transfers shall be effected without regard to the time for filing notice of appeal and hearing. If notice of appeal is filed by the teacher, a hearing shall be held within 15 days of the receipt of notice of appeal by the teacher and the employing board shall render a decision as expeditiously as possible.

(d) The burden of proof shall be on the chief executive officer to demonstrate that the provisions of this section could not have been reasonably anticipated, foreseen, or utilized to meet the needs of the employing board or institution. Appeals shall lie with the State Tenure Commission.

(Act 2000-733, p. 1588, § 7.)