HB 70

Under existing law, the State Board of Education consists of the Governor, as an ex officio member of the board, and eight members elected from districts

This bill would expand application of the School Board Governance Improvement Act of 2012, to members of the State Board of Education

This bill would add four nonvoting members to the board consisting of the most recent past and currently serving teachers of the year and one student delegate each elected by the then currently serving delegates to Alabama Boys State and Alabama Girls State

This bill would also require the State Superintendent of Education to employ an administrative director to act as a liaison between the superintendent and the State Board of Education

To amend Sections 16-1-6, 16-1-41.1, 16-3-1, 16-3-3, 16-3-4, 16-3-5, 16-3-6, 16-3-7, 16-3-9, and 16-4-4, Code of Alabama 1975, relating to the State Board of Education; to expand application of the School Board Governance Improvement Act of 2012, to members of the state board; to add four nonvoting members to the board consisting of the two most recent teachers of the year, one active delegate to Alabama Boys State, and one active delegate to Alabama Girls State; and to require the State Superintendent of Education to employ an administrative director to act as a liaison between the superintendent and the board.

Section 1

Sections 16-1-6, 16-1-41.1, 16-3-1, 16-3-3, 16-3-4, 16-3-5, 16-3-6, 16-3-7, 16-3-9, and 16-4-4 of the Code of Alabama 1975, are amended to read as follows:

§16-1-6.

(a) The Alabama Association of School Board Members is hereby recognized as the organization and representative agency of the members of the school boards of Alabama.

(b) The State Superintendent of Education, the State Department of Education, the State Board of Education, and the boards of education of the county and city systems are hereby empowered and authorized to cooperate with the Alabama Association of School Board Members Boards in its in-service training program for school board members and in encouraging and fostering cooperation among the school boards affiliated with the Alabama Association of School Board Members Boards.

(c) Members of the state, county, and city boards of education are authorized to pay dues to and also may incur reasonable traveling and subsistence expenses in attending meetings of the Alabama Association of School Board Members Boards with which it is affiliated. Such dues and expenses may be paid as other expenses are paid by such boards of education.

§16-1-41.1.

(a) This section shall be known and may be cited as the School Board Governance Improvement Act of 2012.

(b) The Legislature finds and declares all of the following:

(1) That the purpose of this section is to enhance the effectiveness of public education governance in Alabama through the establishment of training requirements, boardsmanship standards, and accountability measures that are designed to promote informed deliberations and decisions, to revise the qualifications for serving as a member of the State Board of Education or a local board of education, to provide for a code of conduct for each member of the state board or a local board of education in order to better ensure that any decision or action of the state board or a local board of education is based on the interests of students or the system, and to foster the development and implementation of organizational practices that are designed to promote broad support of the public schools.

(2) A The State Board of Education is the legally constituted body that governs local school systems throughout the state and a local board of education is the legally constituted body that governs a local school system , promotes within the state. The state board and each local board of education is responsible for promoting student learning, and prepares preparing students to be college and career ready. A Both the state board and local school board boards, and not individual board members, is are entrusted with this responsibility. To function effectively, board members, both individually and collectively, must operate with the highest degree of accountability to these responsibilities and their fiduciary duty to act in the best interests of the state and respective local school system, without self-interest. A board member, as an individual, shall satisfy minimum qualifications to serve, shall comply with a code of conduct, and shall be required to participate in orientation and ongoing training. To meet the goal of comprehensive board member education and proficiency, governance standards should be clearly reflected in board member training with a focus on roles and responsibilities, student and school performance standards, and the delineation of each member's role as a public official holding public trust.

(c) For the purposes of this section, the following terms shall have the following meanings:

(1) BOARDSMANSHIP. The effective discharge of duties as a member of the state board or a local board of education in keeping with the highest standards of stewardship and principles of public service as provided in this section.

(2) LOCAL BOARD OF EDUCATION. A city or county board of education whether elected or appointed.

(3) STATE BOARD. The State Board of Education.

(d)(1) In conjunction with and as a precondition to the installation of any elected or appointed member of the state board or a local board of education, and in addition to all other requirements imposed by law, prospective members shall be required for each term of office to affirm publicly and in writing all of the following principles of educational governance:

a. That each decision, action, and vote taken or made as a member of the state board or a local board of education shall be based solely on the needs and interests of students or the system.

b. That no decision, action, or vote shall be taken or made to serve or promote the personal, political, or pecuniary interests of the member.

c. That each decision, action, and vote shall be based on the interests of the state or local school system as a whole.

d. That the views of all members of the state board or local board of education and of the State Superintendent of Education or the local superintendent of education shall be considered before making a decision or taking an action on any measure or proposal before the state board or local board of education.

e. That, except to the extent otherwise provided by law, each member of a local board of education shall take formal action upon the written recommendation of and in consultation with the local superintendent of education, and may not individually or jointly attempt to direct or corrupt the operations of the school system in a manner that is inconsistent with the discharge of the statutory functions and responsibilities of the local superintendent of education.

f. That each member of a local board of education shall actively promote public support for the school system and each member of the state board or a local board of education shall actively promote a sound statewide system of public education, and shall endorse ideas, initiatives, and programs that are designed to improve the quality of public education for all students.

g. That each member of the state board or a local board of education shall attend scheduled meetings and actively participate in his or her respective statewide or local school system functions, activities, and training programs that promote quality boardsmanship unless good cause is shown.

(2) In addition to those duties specifically enumerated in the Code of Alabama 1975, a local board of education shall have all of the following duties:

a. In concert with the local superintendent of education, to establish a vision for the school system by adopting goals that address student needs, advance student performance, and monitor implementation of policies and programs by reviewing data.

b. To adopt written policies and programs, upon the recommendation of the local superintendent of education, to further the educational goals of the system and respond to system needs.

c. To act on personnel recommendations submitted by the local superintendent of education in a timely manner, based on student needs and system finances, without regard to personal preferences or political interests.

d. In concert with the local superintendent of education, to consider and approve operating budgets for the system aligned with the goals and objectives of the local board of education.

e. To advocate for the needs, resources, and interests of public school students and refer stakeholders and constituents to the local superintendent of education so that these issues can be addressed by school system personnel.

f. These duties should not be construed to limit or change the duties of local boards of education as found in the Code of Alabama 1975.

(e) In order to further the implementation of sound principles of boardsmanship within and among the state board and the local boards of education in the state, the State Superintendent of Education shall develop continuing education and training programs for the members of the state board and local boards of education to enhance the understanding of the role of each member in assuring the effective provision of educational services. The programs shall be developed in cooperation with the Alabama Association of School Boards pursuant to Section 16-1-6.

(f) Any member of the state board or a local board of education who fails to satisfy the standards of boardsmanship as provided in this section, or other statutory duty or obligation, under circumstances that constitute neglect of duty or willful misconduct, may be subject to the following sanctions:

(1) Formal censure or reprimand upon an affirmative vote of a majority of the members of the state board or the local board of education on which he or she serves. No such action shall be taken unless the member, who is the subject of the proposed action, is provided at least 30 days' advance written notice of the proposed action by the secretary of the state board or local board of education. The notice shall be issued only upon an affirmative vote of a majority of the members of the whole board of education, shall specify the reasons for the proposed action, and shall state that the member shall be afforded an opportunity to respond orally or in writing to the notice before the vote of the state board or local board of education on the proposed action is taken.

(2) Upon the referral of a written complaint by a majority vote of the applicable state board or local board of education, or when, in the judgment of the State Superintendent of Education, sufficient cause exists to do so, and subject to the conditions hereinafter specified, the State Superintendent may investigate serious and substantial allegations of neglect of duty, misconduct, or breach of duty on the part of any member or members of the state board or a local board of education. On the basis of the investigation, the State Superintendent of Education may either decline to pursue formal sanctions or issue a written notice to the board member or members whose conduct is in question, which notice shall specify the proposed imposition of any sanctions that are contemplated as a result of the investigation. The notice shall also describe with reasonable particularity the neglect of duty, misconduct, or other breach of legal duty upon which any proposed sanction is based. The board member shall have at least 30 days to show cause in person or in writing why he or she should not be subject to the proposed sanction or to otherwise object to the proposed sanction. Upon request, the board member shall be granted a hearing before the State Superintendent of Education, or his or her designee, for the purpose of contesting any proposed sanction.

(3) After the close of the investigation, review, and hearing authorized by this section, the State Superintendent of Education may recommend approval of any of the following sanctions of a member of the state board to the Governor and of a member of a local board of education to the State Board of Education state board:

a. A formal censure or reprimand of the board member.

b. For any board member who fails to meet mandated training and attendance requirements, the member shall be subject to disqualification from eligibility for future appointment, reappointment, or election to the state board or any local board of education in the state.

c. For a board member whose conduct is found by the State Superintendent of Education to constitute neglect of duty or willful misconduct, the member shall be subject to disqualification from eligibility for future appointment, reappointment, or election to the state board or any local board of education in the state.

(4) Nothing in this subsection shall be deemed to preclude a negotiated resolution of any action that may be proposed or initiated by the State Superintendent of Education under this section, provided that such resolution is suitably memorialized, executed, made a matter of public record, and is consistent with the purposes of this section.

(5) No sanction shall be imposed on the basis of the exercise of personal, political, or other rights of a board member that are protected by the United States Constitution or by any state or federal statute.

(6) No sanction by the State Superintendent of Education, other than as may be imposed by written agreement with the board member, shall be effective until it is approved by the Governor or a majority vote of the State Board of Education state board, as applicable.

(g) The State Board of Education state board shall adopt a model code of conduct for members of local boards of education by January 1, 2013, and the State Superintendent of Education, in consultation with the state board, shall establish a similar model code of conduct for members of the state board by January 1, 2019. Before April 1, 2013, each local board of education shall adopt a code of conduct that includes, at a minimum, the model code of conduct adopted by the State Board of Education state board. Before April 1, 2019, the state board shall adopt the model code of conduct established by the State Superintendent of Education. The State Superintendent of Education shall develop and issue regulations to implement the requirements of this section, including any regulations deemed necessary and appropriate to ensure that procedures to be followed in connection with the imposition of sanctions authorized under this section conform to applicable legal standards.

(h) This section is cumulative and in addition to any other provision of law governing the training, performance, and accountability of the state board and local boards of education and members of the state board and local boards of education in the State of Alabama.

§16-3-1.

(a) The State Board of Education shall be composed of the Governor as an ex officio member and, eight members elected from districts provided by general law, and four nonvoting members as provided by subsection (b). Members Voting members of the board shall serve for terms of four years each, and the member from each district shall be elected by the qualified electors of the district at the general election immediately preceding the expiration of the term of office of the member, as designated by the board, representing such district on the board and every four years thereafter. Each voting member shall hold office from the first Monday after the second Tuesday in January next after his or her election and until his or her successor is elected and qualified.

(b)(1) Commencing on the effective date of the act adding this subsection, the membership of the board shall also include the following nonvoting members:

a. The most recent outgoing Alabama Teacher of the Year.

b. The then currently serving Alabama Teacher of the Year.

c. A student delegate to Alabama Boys State elected by that year's delegates.

d. A student delegate to Alabama Girls State elected by that year's delegates.

(2) The term of an Alabama Teacher of the Year shall commence on the date of his or her selection as teacher of the year and end on the date that his or her successor's successor is selected. If a teacher of the year is unable or unwilling to serve, or in the event of a vacancy during the term, the teacher chosen as his or her alternate shall serve.

(3) The term of each student delegate shall commence on the date of his or her election and shall end on the date his or her successor is elected. If a student delegate is unable or unwilling to serve, or in the event of a vacancy during the term, the student delegate with the next highest votes shall serve.

§16-3-3.

The voting and nonvoting members of the board, if over the age of 18, shall be qualified electors of the State of Alabama, and each voting member shall be a qualified elector in the district which he or she represents. No With the exception of the nonvoting members of the board, no person who is an employee of the board or who is or has been engaged as a professional educator within five years next preceding the date of the election shall be eligible for membership on the board. For the purposes of this section the term

professional educator" shall include teacher, supervisor or principal of any public or private school; instructor, professor or president of any public or private university, college or junior college or trade school; any state, county or city superintendent of education; or other person engaged in an administrative capacity in the field of education.

§16-3-4.

The Governor may remove any appointive voting member or nonvoting member of the board for immorality, misconduct in office, incompetency, or willful neglect of duty, giving to him or her a copy of the charges against him or her and, upon not less than 10 days' notice, an opportunity of being heard publicly in person or by counsel in his or her own defense. If any member shall be removed, the Governor shall file in the office of the Secretary of State a complete statement of all charges against such member of his or her findings thereon, together with a complete record of the proceedings.

§16-3-5.

As vacancies of voting members occur on the board for any cause they shall be filled by the Governor for the unexpired term subject to confirmation by the Senate at the next succeeding session of the Legislature.

§16-3-6.

Before exercising any authority or performing any duty, each voting member of the board shall qualify as such by taking and subscribing to the oath of office prescribed by Article XVI of the state constitution, the certificate whereof shall be filed with the records of the board.

§16-3-7.

The State Board of Education shall hold a regular annual meeting on the second Tuesday in July at the office of the Department of Education in Montgomery, at which meeting one of its voting members shall be elected vice-president. Such other meetings may be held as the needs of public education may require, on dates to be set by the board in official session, by the president or by the State Superintendent of Education on written request of a majority of the voting board members. The rules generally adopted by deliberative bodies for their government shall be observed.

§16-3-9.

(a) Each voting member of the State Board of Education shall be entitled to an expense allowance of one thousand five hundred dollars ($1,500) per month which shall be in addition to the per diem compensation and actual traveling and other necessary expenses incurred in attending meetings and transacting business of the board, as provided in Section 16-3-8. The provisions of Sections 36-7-20 to 36-7-23, inclusive, regulating payment of expenses of state officers and employees traveling on state business, shall not be applicable to voting members of the State Board of Education. It is expressly understood that this amount of one thousand five hundred dollars ($1,500) is paid for travel and other business expenses incurred by the board members which are not covered by the per diem and mileage allowance authorized to be paid to the board members.

(b) The expense allowance herein provided shall be paid out of the Education Trust Fund in the same manner as other expenses of the State Board of Education are paid.

§16-4-4.

The State Superintendent of Education shall explain the true intent and meaning of the school laws and of the rules and regulations of the State Board of Education. He or she shall decide, without expense to the parties concerned, all controversies and disputes involving the proper administration of the public school system. The State Superintendent of Education shall enforce all the provisions of this title and the rules and regulations of the State Board of Education. He or she shall file charges with the State Board of Education or other controlling authority and shall recommend for removal or institute proceedings for the removal of any person appointed under the provisions of this title for immorality, misconduct in office, insubordination, incompetency, or willful neglect of duty. The State Superintendent of Education shall employ an administrative director to act as a liaison between the superintendent and the State Board of Education. The administrative director shall serve at the pleasure of the superintendent and shall be responsible directly to the superintendent. The superintendent shall determine the compensation of the administrative director and shall designate the duties and responsibilities of the administrative director."

Section 2

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.