SB79 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

SB79 would create a uniform statewide system of procedural due process protections for suspensions and expulsions in Alabama K-12 public schools and require implementing rules by the State Board of Education.

What This Bill Does

It amends Section 16-1-14 to define expulsion and long-term suspension and to standardize when students can be removed from the classroom. It requires local boards of education to adopt discipline rules, with those rules needing approval from the State Board of Education. It establishes due process protections for long-term suspensions and expulsions, including mandatory hearings, notice, access to evidence, ability to be represented, a hearing within 10 school days, and a written decision within five school days. It directs the State Board of Education to adopt implementing rules, including factors to consider for long-term discipline, and to ensure compliance with federal disability rights laws.

Who It Affects

• Students (K–12, including pre-K through 5th grade protections) facing suspension or expulsion and their families, who gain defined due process rights, hearing procedures, and appeal options.
• Local boards of education, the State Board of Education, and district staff who must adopt, approve, and implement discipline rules and oversee proper due process.

Key Provisions

• Creates a uniform statewide system of procedural due process protections for suspensions and expulsions in K–12 public schools.
• Defines expulsion as removal from the regular school environment for more than 90 but less than 180 school days; defines long-term suspension as removal for more than 10 but less than 90 school days.
• Local boards must adopt rules and regulations on behavior and discipline, with these rules subject to approval by the State Board of Education.
• Pre-K through 5th grade students may not be suspended or expelled unless their behavior endangers others' safety; suspensions/expulsions for truancy or tardiness are prohibited.
• After an incident, principals must consider age, disciplinary history, seriousness, and whether a lesser intervention could address the behavior.
• For long-term suspension or expulsion, a disciplinary hearing must be held before the local board or a neutral designee, with written notice, and opportunity for representation and to present evidence.
• The hearing must occur within 10 school days after initial suspension; parties may review records at least five days before the hearing; a written decision is due within five school days after the hearing and must include the basis for the decision, evidence considered, and the right to appeal.
• The State Board of Education will adopt rules on factors to consider for long-term discipline and other implementation matters, and protections for rights under IDEA, Section 504, and the ADA are preserved.
• The act becomes effective on the first day of the third month after it is passed and approved.

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