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Dansby v. Dale County Board of Educ

Supreme Court of Alabama
Jul 16, 1993
623 So. 2d 1122 (Ala. 1993)

Opinion

1920331.

July 16, 1993.

Appeal from the Dale Circuit Court, No. CV-91-95, P.B. McLauchlin, Jr., J.

William H. Atkinson of Fite, Davis and Atkinson and R. Wyatt Howell of Green, Wood, Howell Glenn, Hamilton, for appellant.

Jack Corbitt, Ozark, for appellees.


Leonidas Dansby sued the Dale County Board of Education ("Board") seeking, among other things, a ruling that he had tenure as a supervisor; employment as a supervisor; and appropriate compensation.

Dansby was employed by the Board on August 15, 1978, as assistant superintendent of education. He held this position until August 10, 1980, when he was promoted to associate superintendent of education. He held this position until October 10, 1980, when he was appointed by the Board to complete the unexpired term of the superintendent of education of Dale County. He held this office until June 1989, having been elected in the interim to two terms as superintendent of education for four-year terms, beginning July 1, 1981, and July 1, 1985, respectively. Dansby filed this action in April 1991.

When a person's "status as a tenured teacher" is the issue in dispute, "the circuit court is the proper forum to resolve that dispute." Alabama Ass'n of School Boards v. Walker, 492 So.2d 1013, 1015 (Ala. 1986). The tenure commission has no jurisdiction over persons who are not recognized as "tenured teachers." Id.

The trial court held that when Dansby took office as the superintendent of education he had not attained tenure as an instructor, principal, or supervisor. The trial court further held that Dansby could not gain tenure by holding that office. We agree with the trial court and affirm on the authority of Mitchell v. Skinner, 603 So.2d 1023 (Ala. 1992). Specifically, we note that a school "superintendent" does not come within the general definition of "supervisor" for purposes of the tenure law. Mitchell.

AFFIRMED.

HORNSBY, C.J., and MADDOX, ALMON, SHORES, HOUSTON, STEAGALL and KENNEDY, JJ., concur.


Summaries of

Dansby v. Dale County Board of Educ

Supreme Court of Alabama
Jul 16, 1993
623 So. 2d 1122 (Ala. 1993)
Case details for

Dansby v. Dale County Board of Educ

Case Details

Full title:Leonidas DANSBY v. DALE COUNTY BOARD OF EDUCATION, et al

Court:Supreme Court of Alabama

Date published: Jul 16, 1993

Citations

623 So. 2d 1122 (Ala. 1993)

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