HB269 Alabama 2023 Session

Summary

Primary Sponsor

Terri CollinsRepresentative

Republican

Session

Regular Session 2023

Title

Relating to K-12 public education; to amend Section 16-1-14, Code of Alabama 1975; to provide legislative findings; to provide a uniform system of procedural due process protections for students facing suspension or expulsion for violating the student code of conduct or state law; and to require the State Board of Education to adopt rules to implement this act.

Summary

HB269 would create a uniform statewide system of due process protections for suspensions and expulsions in Alabama public schools and require rules to implement it.

What This Bill Does

The bill would define expulsion and long-term suspension by length of time, require local boards to adopt discipline rules approved by the State Board, and limit suspensions or expulsions for certain younger students. It would establish a formal process for long-term suspensions or expulsions, including hearings, written notices, representation, access to evidence, and a written decision with a right to appeal. The State Board would set factors to guide disciplinary decisions and ensure the process protects student rights without infringing on federal disability laws.

Who It Affects

• Students in K–12 public schools and their parents or guardians, who would gain a uniform due process framework, hearing rights, notices, and documented decisions; plus specific protections for younger students (Pre-K–5) to limit suspensions/expulsions.
• Local boards of education and school staff (principals and neutral designees) who would must adopt discipline rules, conduct hearings, issue decisions, and ensure compliance with the uniform process.

Key Provisions

• Expulsion defined as removal from the regular school environment for more than 90 and less than 180 school days; long-term suspension defined as removal for more than 10 and less than 90 school days.
• Local boards must adopt rules and regulations on behavior and discipline, subject to approval by the State Board of Education; removal or separation of students must be approved by the State Board.
• Pre-K through 5th grade cannot be suspended or expelled except as a last resort when safety is endangered or there is significant property damage (over $1,000) after other disciplinary measures have been exhausted.
• For any alleged violation that could lead to long-term suspension or expulsion, the principal must consider factors such as the student’s age, disciplinary history, seriousness of the incident, and whether a lesser intervention could address the behavior.
• If long-term suspension or expulsion is considered, the student must have a disciplinary hearing before the local board or a neutral designee, with written notice including time, place, nature of the hearing, witnesses, and rights; an optional waiver may be used to proceed without a hearing within 10 school days if not returned.
• The student and parent/guardian may be represented by counsel or an advocate; they may review evidence five days before the hearing and may present evidence and defense, including witnesses and recordings.
• All parties must receive a record of the hearing and the local board must issue a written decision within five school days, detailing the basis for the decision, what information will be in the student’s official record, and the right to appeal, with procedures to file an appeal.
• The State Board of Education shall adopt rules addressing factors to determine appropriate discipline (including intent, culpability, extenuating circumstances, and impact on the school environment) and may add other relevant issues.
• Nothing in the act should infringe on rights provided by federal laws such as IDEA, FERPA, Section 504, or the ADA.
• The act becomes effective on the first day of the third month after its passage.

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