Code of Alabama

Ala. Code § 16-12-16 (2026)

Nomination, Removal, Etc., of Teachers, Employees, Etc.

✓ official Alabama Legislature (ALISON) text, current July 2026
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The city superintendent of schools shall nominate in writing for appointment by the city board of education all principals, teachers, supervisors, attendance officers, janitors and all other employees of the board and shall assign to them their positions, transfer them as the needs of the schools require, recommend them for promotion, suspend them for cause and recommend them for dismissal, subject to the provisions of Chapter 24 of this title.

All persons so nominated for teaching or supervising positions shall hold certificates issued by the State Board of Education.

(School Code 1927, §§224, 229; Code 1940, T. 52, §§182, 187.)

Notes of Decisions
Cited in 9 cases, 1986–2020 · leading case: Ex Parte Oden, 495 So. 2d 664 (Ala. 1986).
Ex Parte Oden, 495 So. 2d 664 (Ala. 1986). “The supervisors mentioned in § 16-12-16 must hold certificates issued by the state board of education.”
Weaver v. Madison City Bd. of Educ., 947 F. Supp. 2d 1308 (N.D. Ala. 2013). “” Alabama Code § 16-12-16 (1975). Thus, when exercising the functions of an employer, city school boards and city superintendents have a great degree of autonomy from the state.”
Mencer v. Bd. of Ed./Birmingham, AL, 134 F.3d 1066 (11th Cir. 1998). “See Ala.Code § 16-12-16 (1995) ("The city superintendent of schools shall nominate in writing for appointment by the city board of education all principals, teachers, supervisors, attendance officers, janitors and all other employees of the board and shall assign to them their…”
Oden v. Alabama State Tenure Comm'n, 495 So. 2d 664 (Ala. 1986). “The supervisors mentioned in § 16-12-16 must hold certificates issued by the state board of education.”
Mitchell v. Talladega City Bd. of Educ. (N.D. Ala. 2020). · cites it 2× “See Ala. Code §§ 16-12-16 , 16-22-15(b) (1975).”
Morris v. Bessemer City Bd. of Educ. (N.D. Ala. 2020). “§ 16-12-16 (“The city superintendent of schools .”
Ray v. Decatur City Bd. of Educ., 723 So. 2d 680 (Ala. Civ. App. 1998). · cites it 2× “Last, we address whether the Board’s failure to vote on the superintendent’s recommendation violated the FDA The employees argue that § 16-12-16, Ala. Code 1975, requires that the superintendent recommend for dismissal janitors and regular employees and that § 16-11-17 requires…”
Owens v. Jackson Cnty. Bd. of Educ., 561 F. App'x 846 (11th Cir. 2014). “See Ala.Code § 16-12-16. Harding used different methods for choosing his nominees.”
Mencer v. Bd. of Ed./Birmingham, AL, 134 F.3d 1066 (11th Cir. 1998). “See Ala. Code § 16-12-16 (1995) (“The city superintendent of schools shall nominate in writing for appointment by the city board of education all principals, teachers, supervisors, attendance officers, janitors and all other employees of the board and shall assign to them their…”
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