SB157 Alabama 2024 Session

Summary

Primary Sponsor

Arthur Orr Senator

Republican

Session

Regular Session 2024

Title

Public education employees; exclusion of students from classroom, provided for; principal authorized to suspend, expel, or recommend for alternative school certain students excluded from classroom; civil and criminal immunity provided to education employees; local boards of education authorized to reimburse or compensate employees for certain legal fees; rebuttable presumption, created; Board of Education, required to adopt rules

Description

Under existing law, public education employees acting in their official capacity are immune from civil liability. Education employees are also immune from civil liability in their personal capacity when the conduct is relating to the exercise of judgment or discharge of duties imposed by a state agency or by state law.

Also under existing law, each local board of education prescribes policies relating to student discipline.

This bill would authorize a teacher to exclude a student from his or her classroom if the student engages in disorderly conduct; obstructs the teaching or learning process of other students; threatens, abuses, or intimidates an education employee or student; or willfully disobeys or uses profane language directed at an education employee.

This bill would require the school principal, or his or her designee, to determine when a student may be readmitted to the classroom and what disciplinary actions, if any, are appropriate.

This bill would provide procedures relating to an excluded student's return to the classroom.

This bill would provide additional procedures if SB157 INTRODUCED a student in grades six through 12 is excluded from the classroom in certain circumstances, and would authorize certain students excluded from the classroom three times in one month to receive suspension or be considered for placement in an alternative school.

This bill would provide additional procedures if a student in grades preK through five commits certain behavior that would result in exclusion from the classroom and would require a conference with the student's parent or guardian.

This bill would require each local board of education to establish an appeal process for when a teacher believes that a principal refuses to allow the exclusion of a student from the classroom or prematurely ends the exclusion of a student from the classroom.

This bill would provide immunity from civil and criminal actions against education employees for actions carried out in conformity with the rules of the State Board of Education or the policies of the local board of education where they are employed, with certain exceptions.

This bill would authorize each local board of education to provide legal services to or reimbursement for reasonable expenses for legal services for an education employee charged with civil or criminal activities arising out of and in the course of the performance of his or her duties.

SB157 INTRODUCED This bill would require each local board of education to reimburse an education employee who successfully defends himself or herself from charges relating to the performance of his or her duties.

This bill would require an education employee who pleads guilty or nolo contendere or is found guilty of charges relating to the performance of his or her duties to reimburse any expenses incurred by the local board of education where he or she is employed.

This bill would require meetings of the local board of education where funds are expended for the legal defense of an employee to be open meetings.

This bill would create a rebuttable presumption that teachers take necessary action to restore or maintain the safety or educational atmosphere of the classroom.

This bill would also require the State Board of Education to adopt a model policy and local boards of education to adopt that model policy.

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Subjects

Education