SB429 Alabama 2010 Session

Summary

Primary Sponsor

Hank Sanders

Democrat

Session

Regular Session 2010

Title

Public education, K-12, fair dismissal law, pretermination hearing and termination of employment of employee convicted of felony or sex offense with a child, Secs. 36-26-102, 36-26-103, 36-26-104, 36-26-114 am'd.

Summary

The bill would allow immediate termination of nonprobationary K-12 employees convicted of certain felonies or child-sex offenses, and would establish a pretermination hearing and limits on how hearing testimony can be used in related criminal cases.

What This Bill Does

It authorizes immediate termination for nonprobationary employees convicted of a felony or a sex offense involving a child, with a required pretermination hearing before the local board of education. It sets notice and timing rules, allows a conference to preserve the right to a board hearing, and restricts the use of testimony from termination hearings in related criminal proceedings. It also creates an appeals pathway with a hearing officer (selected through FMCS if contested) and allows various outcomes (termination, suspension, reprimand, or no action) with costs borne by the DOE and potential restitution if termination is reversed, effective immediately upon governor approval.

Who It Affects

• Nonprobationary public K-12 employees who are convicted of a listed felony or child-sex offense and could face immediate termination.
• Local boards of education and the Alabama Department of Education, which would conduct the pretermination hearing, implement decisions, and bear certain hearing costs.

Key Provisions

• Immediate termination authority for nonprobationary employees convicted of a felony or a sex offense involving a child (as defined in the bill's offense list).
• Mandatory pretermination hearing before the local board of education, with written notice describing reasons, a hearing within 20 to 30 days, and a 15-day window to request a conference to preserve the right to a board hearing.
• Restriction on using testimony or transcripts from termination proceedings in related criminal cases, with specific exceptions related to appeals and waivers.
• Contested terminations proceed through a formal process: a hearing officer is appointed (via FMCS if used), conducts a de novo review, and may order termination, suspension, a reprimand, or no action; costs of the hearing officer are borne by the DOE.
• Final board decision is subject to appeal to the Alabama Court of Civil Appeals; timelines and record handling are specified, and overturned decisions may require restitution of unpaid wages.
• Specific offenses listed that can trigger termination include rape, sodomy, sexual offenses involving a child, sexual abuse, exploitation offenses, child pornography, kidnapping of a minor, incest, electronic solicitation of a child, and related crimes.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Education