SB157INTRODUCED
Page 0
SB157
QEXV551-1
By Senators Orr, Chesteen, Price, Williams, Waggoner, Hovey,
Sessions, Melson, Weaver, Givhan, Allen, Butler
RFD: Education Policy
First Read: 27-Feb-24
1
2
3
4
5
6 QEXV551-1 02/13/2024 GP (L)lg 2023-3769
Page 1
First Read: 27-Feb-24
SYNOPSIS:
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 SB157 INTRODUCED
Page 2
This bill would provide additional procedures if
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.
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56 SB157 INTRODUCED
Page 3
performance of his or her duties.
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.
A BILL
TO BE ENTITLED
AN ACT
Relating to public education employees; to authorize a
teacher to exclude students from the classroom in certain
circumstances; to authorize the placement of an excluded
student under the control of a principal; to provide
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84 SB157 INTRODUCED
Page 4
student under the control of a principal; to provide
procedures relating to the return of an excluded student to
the classroom; to authorize a school principal to suspend or
consider for alternative school a student who is excluded from
the classroom three times in one month in certain
circumstances; to require each local board of education to
adopt a process for a teacher to appeal a principal's decision
relating to a student's return to the classroom; to provide
immunity to education employees for civil and criminal actions
related to the performance of their duties; to authorize each
local board of education to provide legal services or to
reimburse expenses for legal services for education employees
charged with certain civil or criminal actions; to require
each local board of education to reimburse an education
employee who successfully defends himself in certain civil or
criminal actions; to require an education employee who pleads
guilty or nolo contendere or is found guilty to reimburse any
legal expenses incurred by the local board of education; to
require meetings where funds are expended for the legal
defense of an employee to be open meetings; to create a
rebuttable presumption that teachers take necessary actions
relating to classroom maintenance; and to require the State
Board of Education to adopt a model policy that each local
board of education must adopt.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. For the purposes of this act, the following
terms have the following meanings:
(1) DISORDERLY CONDUCT. Any conduct that intentionally:
(i) disrupts, disturbs, or interferes with the teaching of
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112 SB157 INTRODUCED
Page 5
(i) disrupts, disturbs, or interferes with the teaching of
students; or (ii) disturbs the peace, order, or discipline at
any school.
(2) EDUCATION EMPLOYEE. Any of the following
individuals:
a. A certified or noncertified employee of the State
Department of Education or any local board of education.
b. An employee of the Alabama Institute for Deaf and
Blind.
c. An employee of the Alabama School of Fine Arts.
d. An employee of the Department of Youth Services
School District.
e. An employee of the Alabama School of Mathematics and
Science.
f. An employee of the Alabama School of Cyber
Technology and Engineering.
g. An employee of a public charter school.
(3) PRINCIPAL. The principal, assistant principal, vice
principal, or administrative head of a school, or his or her
designee.
(4) SCHOOL. A public preK-12 school.
(5) TEACHER. A professional educator who has a direct
instructional or counseling relationship with students and who
spends the majority of his or her time in this capacity.
Section 2. (a) Beginning with the 2025-2026 school
year, a teacher may exclude from his or her classroom any
student who does any of the following:
(1) Engages in disorderly conduct.
(2) Behaves in a manner that obstructs the teaching or
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140 SB157 INTRODUCED
Page 6
(2) Behaves in a manner that obstructs the teaching or
learning process of others in the classroom.
(3) Threatens, abuses, intimidates, or attempts to
intimidate an education employee or another student.
(4) Willfully disobeys an education employee.
(5) Uses abusive or profane language directed at an
education employee.
(b)(1) Any student excluded from the classroom pursuant
to subsection (a) shall be placed under the control of the
school principal or his or her designee. The excluded student
may be readmitted to the classroom only after the principal,
or his or her designee, provides written certification to the
classroom teacher that the student may be readmitted and
specifies the type of disciplinary action, if any, that was
taken.
(2) If the principal, or his or her designee, finds
that disciplinary action is warranted, he or she shall provide
written and, if possible, telephonic notice of the action to
the student's parent or guardian.
(c) If a student is excluded from the classroom
pursuant to subsection (a) two times in one semester and all
other reasonable means of classroom discipline have been
exhausted, the student may be readmitted to the classroom only
if all of the following are satisfied:
(1) The principal, teacher, and, if possible, the
student's parent or guardian have held a conference to discuss
the student's disruptive behavior patterns.
(2) The teacher and the principal agree on a course of
discipline for the student going forward.
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168 SB157 INTRODUCED
Page 7
discipline for the student going forward.
(3) The student's parent or guardian has been informed
of the course of discipline.
(d) Following a student's readmiittance to the
classroom pursuant to subsection (c), if the student's
disruptive behavior persists, upon the teacher's request, the
principal, to the extent feasible, may transfer the student to
an alternative school.
(e)(1) If the student removed from the classroom
pursuant to subsection (a) is in grades six through 12 and is
removed for his or her disorderly conduct, interference with
an orderly educational process, or obstruction of the teaching
or learning process of others in the classroom, the student
may not be readmitted to the classroom for at least the
remainder of the school day. The principal must communicate
with the teacher regarding the student before he or she may be
readmitted to the classroom.
(2) A student who is excluded for the remainder of a
school day pursuant to this subsection for a total of three
times in one month shall receive, as determined by the
principal, in-school or out-of-school suspension, or may be
considered for placement in an alternative school, if one is
available within the school district.
(f) If a student in grades preK through five commits
disorderly conduct, interferes with an orderly educational
process, or obstructs the teaching or learning process of
others in the classroom in a way that would have warranted his
or her removal from the classroom, the student may not be
removed until his or her parent or guardian have attended a
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196 SB157 INTRODUCED
Page 8
removed until his or her parent or guardian have attended a
conference with the student's teacher and principal, or his or
her designee. The conference shall occur no later than the
third school day following the student's offense. If the
student's parent or guardian fails to attend the conference,
the student may be removed from the classroom beginning on the
fourth school day following the offense and may not return
until the parent or guardian attends the conference.
(g) Beginning with the 2024-2025 school year, each
local board of education shall adopt a policy establishing an
appeal process that allows a teacher to appeal to the local
board of education in both of the following scenarios:
(1) If a principal refuses to allow a student to be
excluded from the classroom pursuant to Section 1.
(2) If a teacher believes the school principal has
prematurely ended the exclusion of a student from the
classroom pursuant to Section 1.
Section 3. (a) An education employee may not be held
civilly or criminally liable for actions carried out in
conformity with rules of the State Board of Education or
policies of the local board of education where he or she is
employed, except in the following cases:
(1) The education employee engages in excessive force
or cruel and unusual punishment.
(2) The education employee acts willfully, maliciously,
fraudulently, in bad faith, beyond his or her authority, or
under a mistaken interpretation of the law.
(3) The education employee violates the United States
Constitution, the Constitution of Alabama of 2022, or the laws
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224 SB157 INTRODUCED
Page 9
Constitution, the Constitution of Alabama of 2022, or the laws
of this state.
(b)(1) Each local board of education may reimburse
reasonable expenses for legal services for an education
employee if he or she is charged with civil or criminal
actions arising out of and in the course of the performance of
his or her assigned duties and responsibilities.
(2) If an education employee charged with civil or
criminal actions arising out of and in the course of the
performance of his or her assigned duties and responsibilities
successfully defends himself or herself, the employing local
board of education shall provide for reimbursement of
reasonable expenses for his or her legal services.
(c)(1) Each local board of education may provide legal
services for officers and employees of the board who are
charged with civil or criminal actions arising out of and in
the course of the performance of assigned duties and
responsibilities.
(2) In any case in which an employee pleads guilty or
nolo contendere or is found guilty, the employee shall
reimburse the local board of education for any expenses for
legal services that the local board incurred pursuant to this
subsection.
(3) Each meeting that a local board of education
expends funds for the legal defense of an employee, or for
reimbursement pursuant to this section, shall be an open
meeting pursuant to Chapter 25A of Title 36, Code of Alabama
1975.
(d) In cases in which a teacher faces litigation or
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252 SB157 INTRODUCED
Page 10
(d) In cases in which a teacher faces litigation or
professional sanctions for an action taken based on his or her
classroom management, there is a rebuttable presumption that
he or she was taking necessary action to restore or maintain
the safety or instructional atmosphere of his or her
classroom.
(e) This section shall not be construed to eliminate,
alter, or otherwise modify any other immunity regarding
officers, employees, or agents of the state established under
the Constitution of Alabama of 2022, and the laws of this
state.
(f) A teacher may not be reprimanded or otherwise
subjected to disciplinary action by his or her principal, a
local board of education, or the State Board of Education if
his or her actions are found to be legal and in conformance
with the policy of the local board of education or the State
Board of Education.
Section 4. Beginning with the 2024-2025 school year,
the State Board of Education shall adopt a model policy that
reflects the requirements of this act. Each local board of
education shall adopt and implement the model policy, and each
local board of education may adopt additional policies
relating to this act, provided that the requirements of this
act are met.
Section 5. This act shall become effective on June 1,
2024.
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277