§ 22-63-206 — Transfer - compensation - definitions

(1) (a) A teacher may be
transferred upon the recommendation of the chief administrative officer of a school
district from one school, position, or grade level to another within the school
district, if the transfer does not result in the assignment of the teacher to a position
of employment for which the teacher is not qualified by virtue of academic
preparation and certification and if, during the then-current school year, the amount
of salary of the teacher is not reduced except as otherwise provided in subsections
(2) and (3) of this section. There shall be no discrimination shown toward any
teacher in the assignment or transfer of that teacher to a school, position, or grade
because of sex, sexual orientation, gender identity, gender expression, marital
status, race, creed, color, religion, national origin, ancestry, or membership or
nonmembership in any group or organization.

(b) As used in this subsection (1):

(I) Protective hairstyle includes such hairstyles as braids, locs, twists, tight
coils or curls, cornrows, Bantu knots, Afros, and headwraps.

(II) Race includes hair texture, hair type, hair length, or a protective
hairstyle that is commonly or historically associated with race.

(2) Notwithstanding the provisions of subsection (1) of this section, a teacher
who has been occupying an administrative position may be assigned to another
position for which he or she is qualified if a vacancy exists in such position, and, if so
assigned, with a salary corresponding to the position. If the school district has
adopted a general salary schedule or a combination salary schedule and policy, the
board may consider the years of service accumulated while the teacher was
occupying the administrative position when the board determines where to place
the teacher on the schedule for the assigned position.

(3) Notwithstanding the provisions of subsection (1) of this section, the salary
of a teacher who has received additional compensation for the performance of
additional duties may be reduced if said teacher has been relieved of such
additional duties.

(4) A teacher may enter into an agreement for an economic work-learn
program leave of absence with a board of education that shall not affect the
teacher's employment status, position on the salary schedule if the school district
has adopted a general salary schedule or combination salary schedule and policy,
or insurance and retirement benefits.

(5) Nothing in this section shall be construed as requiring a receiving school
to involuntarily accept the transfer of a teacher. All transfers to positions at other
schools of the school district shall require the consent of the receiving school.

Legislative History

Source: L. 90: Entire article R&RE, p. 1123, � 1, effective July 1. L. 95: (2) and (4) amended, p. 884, � 7, effective July 1. L. 2004: (2) amended, p. 56, � 1, effective August 4. L. 2008: (1) amended, p. 1602, � 26, effective May 29. L. 2010: (5) added, (SB 10-191), ch. 241, p. 1075, � 17, effective May 20. L. 2020: (1) amended, (HB 20-1048), ch. 8, p. 19, � 9, effective September 14. L. 2021: (1)(a) amended, (HB 21-1108), ch. 156, p. 893, � 27, effective September 7. L. 2024: (1)(b)(II) amended, (HB 24-1451), ch. 354, p. 2413, � 7, effective June 3.