SB70 Alabama 2022 Session

Summary

Primary Sponsor

Rodger SmithermanSenator

Democrat

Session

Regular Session 2022

Title

Education, K-12, procedural due process protection for suspensions and expulsions provided, findings, hearing officers, Sec. 16-1-14 am'd.

Summary

SB70 would create a uniform statewide system of due-process protections for suspensions and expulsions in Alabama K-12 schools, with trained impartial hearing officers and standardized procedures.

What This Bill Does

It amends the K-12 code to provide uniform procedural due process protections for suspensions and expulsions for code or state law violations. It requires annual training of impartial hearing officers by the State Department of Education and adoption of implementing rules by the State Board of Education. It establishes specific hearing procedures, including timely notice, a hearing within 10 school days, student representation, access to evidence, an impartial hearing officer, a recording option, and a written decision within five school days, with an appeal pathway. It also sets factors to consider before long-term punishment (age, prior discipline, seriousness, and whether lesser interventions would work) and restricts suspensions/expulsions for pre-K–5 unless safety is endangered, while prohibiting suspensions/expulsions for truancy or tardiness.

Who It Affects

• K-12 students in Alabama who are facing suspension or expulsion, who would receive uniform due-process protections and a formal hearing process.
• Parents or guardians of those students, who must receive notice, have rights at hearings, and receive decisions and records.
• Local boards of education and school administrators, who must implement the uniform system, appoint impartial hearing officers, and follow the new procedures.
• Impartial hearing officers and the State Department of Education, which will provide annual training and maintain impartiality standards through rules and oversight.

Key Provisions

• Defines expulsion as removal from the regular school environment for more than 90 but less than 180 days and long-term suspension as removal for more than 10 but less than 90 days; defines impartial hearing officer and sets duties.
• Requires local boards to adopt rules on behavior and discipline consistent with the act and to ensure hearings are conducted by qualified impartial hearing officers.
• Annual training for impartial hearing officers by the State Department of Education, including procedures, duties, and the effects of exclusionary discipline.
• Disciplinary hearing procedures include: written notice with time/place, alleged violations, witness list, student rights; hearing within 10 school days; student may be represented; parties may review incident records and evidence five days before the hearing; substantial evidence must be presented; student may present defenses and evidence; electronic/written hearing record provided upon request; written decision within five school days with basis and appeal rights.
• State Board of Education to adopt rules on maintaining impartiality, factors for long-term discipline, training criteria for officers, and any other necessary implementation issues.
• Pre-K–5 limitations: suspensions/expulsions only if safety is endangered; no suspensions/expulsions for truancy or tardiness.
• Provisions preserve rights under federal disability laws (IDEA, Section 504, ADA) and do not infringe on those protections.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Education