Code of Alabama
Ala. Code § 16-8-23 (2026)
Appointment and Removal of Teachers.
✓ official Alabama Legislature (ALISON) text, current July 2026
The county board of education shall appoint, upon the written recommendation of the county superintendent, all principals, teachers, clerical and professional assistants authorized by the board. The county board may suspend or dismiss for immorality, misconduct in office, insubordination, incompetency or willful neglect of duty, or whenever, in the opinion of the board, the best interests of the school require it, superintendents, principals, teachers or any other employees or appointees of the board, subject to the provisions of Chapter 24 of this title.
(School Code 1927, §117; Code 1940, T. 52, §86.)
Notes of Decisions
Cited in 25
cases (3 in the last 5 years), 1979–2024 · leading case: Hamilton v. Montgomery Cnty. Bd. of Educ., 122 F. Supp. 2d 1273 (M.D. Ala. 2000).
Hamilton v. Montgomery Cnty. Bd. of Educ., 122 F. Supp. 2d 1273 (M.D. Ala. 2000). “See Ala.Code §§ 16-8-23, 16-9-23 (1975). The appointment power is joint in the sense that the board cannot authorize any personnel action without the superintendent’s prior recommendation, see Mencer v.”
Bd. of Sch. Commissioners v. Weaver, 99 So. 3d 1210 (Ala. 2012). “§ 16-8-23, *1220 Ala.Code 1975. The superintendent is not vested with the authority to employ or to terminate principals and teachers beyond making a recommendation to the Board.”
Franks v. Hampton, 189 So. 3d 14 (Ala. 2015). “§ 16-8-23, Ala.Code 1975. Like the situation presented in Ex parte Bessemer Board of Education, [ 68 So.”
Jaffree v. Wallace, 705 F.2d 1526 (11th Cir. 1983). “Thus, the establishment clause is inapplicable by virtue of the absence of state action.”
Ex Parte Wilson, 984 So. 2d 1161 (Ala. 2007). “The Board further points out that county boards of education are given the authority to appoint and remove teachers in § 16-8-23, Ala.Code 1975, subject to the teacher's tenure rights in Chapter 24 of Title 16.”
Michael Weaver v. Madison City Bd. of Educ., 771 F.3d 748 (11th Cir. 2014). “]”); Ala.Code § 16-8-23 (“The county board [of education] may suspend or dismiss for immorality, misconduct in office, insubordination, incompetency or willful neglect of duty, or whenever, in the opinion of the board, the best interests of the school require it,…”
Opinion of the Justices, 624 So. 2d 107 (Ala. 1993). “at §§ 16-8-23, 16-11-17, and perform such other duties and functions as required by law.”
Hurt v. Shelby Cnty. Bd. of Educ., 198 F. Supp. 3d 1293 (N.D. Ala. 2016). “Code § 16-8-23; cf. Owen v. City of Independence, 445 U.”
James v. Bd. of Sch. Com'rs of Mobile Cnty., Ala., 484 F. Supp. 705 (S.D. Ala. 1979). “Authority to suspend or dismiss a non-tenured teacher, for inter alia, incompetency, is provided by Code of Alabama (1975) § 16-8-23. In such a situation the court is obligated to protect the non-tenured teacher , against the school board’s arbitrary or capricious action.”
Cleburne Cnty. Bd. of Educ. v. Payne, 518 So. 2d 49 (Ala. 1987). “) And in § 16-8-23, Code 1975, a board of education is given the following power: “The county board of education shall appoint, upon the written recommendation of the county superintendent, all principals, teachers, clerical and professional assistants authorized by the board.”
Ellison v. Chilton Cnty. Bd. of Educ., 894 F. Supp. 415 (M.D. Ala. 1995). “14 See Alabama Code (1975), § 16-8-23. According to Plaintiffs’ interpretation of these statutory provisions, Hand, as the superintendent of the Chilton County school system, was obligated to submit to the Board, for its approval, no more than a single name for recommendation to…”
Guyse v. Morgan Cnty. Bd. of Educ., 516 So. 2d 692 (Ala. Civ. App. 1987). “1977); §§ 16-8-23 and 16-9-23, Code 1975. However, no such statutory requirement exists for non-renewal of an employment contract for a fixed term.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.