SB430 Alabama 2010 Session

Summary

Primary Sponsor

Hank Sanders

Democrat

Session

Regular Session 2010

Title

Teacher Tenure Law, precancellation hearing and cancellation of contract of teacher convicted of felony or of criminal sex offense with a child, Secs. 16-24-8, 16-24-9, 16-24-10, 16-24-20 am'd.

Summary

SB430 would let Alabama school boards immediately cancel a continuing-service teacher's contract if the teacher is convicted of a felony or a sex offense involving a child, with a precancellation hearing and limits on using such hearing testimony in criminal cases.

What This Bill Does

It authorizes immediate contract cancellation for continuing-service teachers upon conviction or plea to certain felonies or sex offenses involving a child. It requires a precancellation hearing before the local board, including notice of reasons and a 20–30 day window, with a conference option to preserve the board hearing. It restricts the use of testimony from cancellation hearings in related criminal proceedings and outlines the hearing process, possible outcomes (cancellation, suspension, reprimand, or no action), and appellate paths, including a hearing officer and FMCS involvement if needed. It also establishes appeal procedures to the Court of Civil Appeals and provides for restitution if a cancellation is set aside, plus related cost and record-keeping provisions.

Who It Affects

• Continuing-service teachers who are convicted of a felony or a sex offense involving a child, who could face immediate cancellation of their employment contract and must go through precancellation hearings and related procedures.
• Local boards of education and state education officials (including the superintendent and the Alabama Department of Education) who implement precancellation hearings, appoint hearing officers, oversee notices and hearings, handle appeals, and manage related costs.

Key Provisions

• Authorizes immediate cancellation of the employment contract of a teacher on continuing service status upon conviction of a felony or upon a plea of guilty or nolo contendere to a felony charge if the felony involves moral turpitude, or upon conviction or related charges for a listed set of offenses (including rape, sodomy, sexual torture/abuse, child enticement, promoting prostitution, child pornography, kidnapping a minor, incest with a minor, online solicitation of a child, and other child-sex offenses).
• Defines a precancellation process: the superintendent must notify the employing board and the teacher with reasons and facts, specify a board hearing date within 20–30 days, and inform the teacher of the right to request a conference to preserve the right to a board hearing.
• During the board hearing, the teacher may speak, present evidence, be represented by counsel, and have a record; testimony from this hearing cannot be used as evidence in related criminal proceedings unless waived by the teacher, and the hearing transcript cannot be admitted in such criminal cases unless allowed by waiver; the board votes to decide on cancellation by majority.
• If the board votes to cancel, the superintendent must notify the teacher within 10 days; the teacher may contest within 15 days; if timely contest is filed, a hearing officer is appointed (via FMCS or mutually agreed method) to conduct a de novo review and issue a written decision within 30 days, with costs paid by the State DOE; possible outcomes include cancellation, suspension, reprimand, or no action, and restitution is available if cancellation is set aside.
• Appeals of the hearing officer's final decision go to the Alabama Court of Civil Appeals; procedures include timeliness for notices of appeal, and the court may affirm or order a new hearing; the record is kept for three years by the employing board.
• FMCS may be used to select a hearing officer; the process includes lists of acceptable candidates, mutual preference, and appointment if the parties cannot agree; the hearing officer has authority to subpoena witnesses, accept evidence, and conduct the hearing with the DOE covering transcript costs.
• Notice requirements and transcripts from hearings are governed similarly to other proceedings; there is a general provision stating that no action for damages may be brought for breach of any public school employment contract.

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