SB110 Alabama 2023 Session

Summary

Primary Sponsor

Rodger SmithermanSenator

Democrat

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

SB110 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 from the State Board of Education.

What This Bill Does

It would amend Section 16-1-14 to define expulsion and long-term suspension with specific day ranges. It would require local boards to adopt rules for behavior and discipline, approved by the State Board, and to ensure removals do not deprive students of an equal and adequate education. It would establish detailed hearing, notice, and record procedures for long-term suspensions or expulsions, including timelines, representation, and appeal rights, and require the State Board to adopt implementing rules and factors to guide disciplinary decisions. It would also protect student rights under federal disability laws (IDEA, Section 504, and ADA).

Who It Affects

• Students in Alabama K-12 public schools receive uniform due-process protections for suspensions and expulsions, with specific protections for younger students (Pre-K–5th) and safeguards against discipline for truancy or tardiness.
• Local boards of education, school staff, and parents/guardians: boards must adopt implementing rules and follow hearing, notice, and decision procedures; parents/guardians gain rights to notice, participation, and appeals; the State Board oversees implementation.

Key Provisions

• Defines expulsion (more than 90 and less than 180 days) and long-term suspension (more than 10 and less than 90 days).
• Local boards must adopt rules for behavior and discipline, with rules approved by the State Board of Education; removals must be carried out to enforce rules without depriving students of education.
• Pre-K through 5th grade students may not be suspended or expelled except when behavior endangers safety; no suspension/expulsion for truancy or tardiness.
• When long-term suspension or expulsion is considered, a disciplinary hearing must be held before the board or a neutral designee, with written notice, witnesses, and student rights clearly described.
• The hearing must occur within 10 school days of the initial suspension; students may be represented; parties can review incident recordings and evidence at least five days before the hearing.
• The decision must be issued in writing within five school days after the hearing, including the basis for the decision, information about the student’s record, and rights to appeal.
• The State Board must adopt rules addressing factors to consider for long-term suspensions or expulsions (intent, culpability, extenuating circumstances, and impact on the school environment) and other relevant issues.
• Rights provided to students under federal disability laws (IDEA, Section 504, ADA) are preserved; the act becomes law on the first day of the third month after passage.

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