South Alabamian

Leroy teacher challenges school board transfer





Kathy Sturdivant, sixth grade teacher at Leroy High School, has contested a transfer from the sixth grade to the second grade.

Under Alabama Teacher Tenure Law, she was entitled to a hearing before the Washington County Board of Education and had that hearing at the July 14 meeting. The meeting lasted nearly six hours with the contested transfer taking over half that time. Although she could have chosen a private hearing, Sturdivant requested that her hearing take place publicly.

Larry Massey, Leroy High School principal, said he transferred Sturdivant to the second grade because of the expected large number of students in that grade and because she had a year’s experience there. Massey was very complimentary several times of Strudivant’s teaching ability. He said when he approached her about transferring to first grade, which is also expected to be large, she became upset. Later he went back to her and presented a “if not first, then second grade” directive. Sturdivant said she never agreed to transfer to second grade.

In his opening statements, Martin Pearson, attorney for the school board, said Sturdivant’s transfer was a matter of a projected overcrowded second grade and a smaller sixth grade. Allison Kahalley, counsel for Sturdivant said, “The tenure law is clear and this Board did not adhere to the law. They gave (Sturdivant) insufficient reasons and used unjust reasons to transfer her. Sturdivant is not the best candidate for the transfer and the reasons given are not in the best interests of the students.”

Although the super-intendent usually notifies teachers of transfers on or before the last day of school, Sturdivant said she did not learn of her transfer until it was on the agenda at the June 18 meeting, several weeks after the end of the school term. Cynthia Older, UniServ director for this area, testified that she had been assured by Tim Savage, Superintendent of Education, that no Leroy teachers would be transferred. She quoted him as stating, “That ain’t going to happen.”

Because it was long after the end of school, Fred Thomas, school board president, asked (at the June 18 meeting) if the teacher in question (Sturdivant) agreed to the transfer. Someone pointed out that she was present in the meeting. Thomas asked her if she agreed and she answered no. Massey was invited to tell why the transfer was necessary giving the increase in numbers as the reason. Sturdivant re-quested to speak and she was denied that opportunity

Kahalley repeatedly asked Savage when it was that he notified Sturdivant of the transfer. He testified “…. Immediately following the June 18 meeting.” She questioned if he looked into the matter at Leroy or depended upon Massey’s recommendation. “Mr. Massey is the administrator at that school, and I feel he is in the best position to make this decision,” Savage replied. As the May meeting dealt mainly with personnel issues: retirements, resignations, non-renewals of contracts and transfers, Sturdivant testified that after that meeting, since she is a tenured teacher and having received no written notice, she considered she would not be transferred.

Kahalley asked Savage why it was that he did not, as the tenure law requires, give Sturdivant the reasons he was transferring her in any of the written communication to her. “It was left out inadvertently,” he repeated several times. Upon further questioning as to whether the county has a transfer policy, Savage said he thinks so. And when Kahalley asked if transfers are tenure-based, Savage said he thought that was the case.

While Sturdivant was testifying on her behalf, Pearson said to her, “You have been requesting a transfer to Millry now for several years. Isn’t that the real reason you have begun all this?” He asked her if she wanted the best for the students and asked if larger classes were in students’ best interest. Sturdivant said she had taught second grade classes with 18 students before. Sturdivant insisted that her AMSTI (Alabama Math Science Technology Initiative) training which is grade-specific was valuable for sixth grade. She does not have that training for second grade.

Following the meeting, Kahalley stated, “The board will uphold the transfer. That is the decision in the vast majority of these cases. This hearing was to get the testimonies on record. A court reporter took down the proceedings. The transcript will be sent to a mediator who will make the final ruling on Strudivant’s transfer.”

Pearson said the Board has five days to give their decision.


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