According to the Students First Act, a teacher in an institution managed by the Department of Secondary Education attains tenured status after completing six successive semesters. The semesters exclude summer terms, and an exception applies only if a teacher is terminated 15 days before completing the six semesters.
Teachers who have acquired tenure status can be terminated at any time. They can be terminated if there is a decrease in positions available. In this case, the decrease in positions must be reasonable. An institution’s board of education can also terminate a teacher for incompetency, neglect of duty, insubordination and immorality. If a teacher fails to perform his duties as required, termination is justified. The cause of termination must be just and should not take place for personal and political reasons.
A tenured teacher employed by a two-year institution managed by the Department of Post-Secondary Education can be terminated by the institution’s president after receiving a notice. The institution must provide notice of termination stating the reasons behind the decision. The notice is issued to allow an employee to request a hearing with the institution’s president. The request should be in written form within 15 days after the notice of termination is issued. If the request is not made within this period of time, an institution’s president is allowed to act, and the termination is considered to be final. In situations where the request is timely, the institution must schedule a hearing within 60 days after the notice of termination is issued to the employee.
If an employee requests a hearing and the termination is still carried out, the employee can appeal to the Department of Post-Secondary Education. The employee can appeal if he wants to have the termination reviewed, but this must be done 15 days after the decision is made by the institution. The Department of Post-Secondary Education will refer the employee's appeal request to the Executive Director of the Alabama State Bar Association. A neutral panel will either affirm or reverse the decision made by the institution to fire the employee.