Alabama 2024 Regular Session

Alabama Senate Bill SB157 Compare Versions

Version 1 (Old)

Version 2 (New)

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	1	+	SB157ENGROSSED
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3	3		SB157
4		-	~~8PECFH2~~-2
	4	+	QU69545-2
5	5		By Senators Orr, Chesteen, Price, Williams, Waggoner, Hovey,
6	6		Sessions, Melson, Weaver, Givhan, Allen, Butler
7	7		RFD: Education Policy
8	8		First Read: 27-Feb-24
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14		-	6 SB157 ~~Enrolled~~
	14	+	6 SB157 Engrossed
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16	16		First Read: 27-Feb-24
17		-	Enrolled, An Act,
	17	+	A BILL
	18	+	TO BE ENTITLED
	19	+	AN ACT
18	20		Relating to public education employees; to authorize a
19	21		teacher to exclude students from the classroom in certain
20	22		circumstances; to authorize the placement of an excluded
21	23		student under the control of a principal; to provide
22	24		procedures relating to the return of an excluded student to
23	25		the classroom; to authorize a school principal to suspend or
24	26		recommend for alternative school a student who is excluded
25	27		from the classroom three times in one month in certain
26	28		circumstances; to require each local board of education to
27	29		adopt a process for a teacher to appeal a principal's decision
28	30		relating to a student's return to the classroom; to provide
29	31		immunity to education employees for civil and criminal actions
30	32		related to the performance of their duties; to authorize, and
31	33		in certain circumstances, require, the Educators' Liability
32	34		Trust Fund reimburse certain expenses for certain legal fees
33	35		incurred by education employees; to require the Educators'
34	36		Liability Trust Fund to provide an annual report; to create a
35	37		rebuttable presumption that teachers take necessary actions
36	38		relating to classroom maintenance; and to require the State
37		-	Board of Education to adopt a model policy and each local
38		-	board of education to adopt a policy.
39		-	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
40		-	Section 1. This act shall be known and may be cited as
41		-	the Teachers' Bill of Rights.
42		-	Section 2. For the purposes of this act, the following
43		-	terms have the following meanings:
	39	+	Board of Education to adopt a model policy that each local
	40	+	board of education must adopt.
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	68	+	28 SB157 Engrossed
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	70	+	board of education must adopt.
	71	+	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
	72	+	Section 1. This act shall be known and may be cited as
	73	+	the Teachers' Bill of Rights.
	74	+	Section 2. For the purposes of this act, the following
73	75		terms have the following meanings:
74	76		(1) DISORDERLY CONDUCT. Any conduct that intentionally:
75	77		(i) disrupts, disturbs, or interferes with the teaching of
76	78		students; or (ii) disturbs the peace, order, or discipline at
77	79		any school.
78	80		(2) EDUCATION EMPLOYEE. Any of the following
79	81		individuals:
80	82		a. A certified or noncertified employee of the State
81	83		Department of Education or any local board of education.
82	84		b. An employee of the Alabama Institute for Deaf and
83	85		Blind.
84	86		c. An employee of the Alabama School of Fine Arts.
85		-	d. An employee of the Alabama School of Mathematics and
	87	+	d. An employee of the Department of Youth Services
	88	+	School District.
	89	+	e. An employee of the Alabama School of Mathematics and
86	90		Science.
87		-	e. An employee of the Alabama School of Cyber
	91	+	f. An employee of the Alabama School of Cyber
88	92		Technology and Engineering.
89		-	f. An employee of a public charter school.
	93	+	g. An employee of a public charter school.
90	94		(3) PRINCIPAL. The principal, assistant principal, vice
91	95		principal, or administrative head of a school, or his or her
92	96		designee.
93	97		(4) SCHOOL. A public K-12 school.
94	98		(5) TEACHER. A professional educator who has a direct
95		-	instructional or counseling relationship with students and who
96		-	spends the majority of his or her time in this capacity.
97		-	Section 3. (a) Beginning with the 2024-2025 school
98		-	year, a teacher may exclude from his or her classroom any
99		-	student who does any of the following:
100		-	(1) Engages in disorderly conduct.
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	128	+	(5) TEACHER. A professional educator who has a direct
	129	+	instructional or counseling relationship with students and who
	130	+	spends the majority of his or her time in this capacity.
	131	+	Section 3. (a) Beginning with the 2024-2025 school
	132	+	year, a teacher may exclude from his or her classroom any
	133	+	student who does any of the following:
130	134		(1) Engages in disorderly conduct.
131	135		(2) Behaves in a manner that obstructs the teaching or
132	136		learning process of others in the classroom.
133	137		(3) Threatens, abuses, intimidates, or attempts to
134	138		intimidate an education employee or another student.
135	139		(4) Willfully disobeys an education employee.
136	140		(5) Uses abusive or profane language directed at an
137	141		education employee.
138	142		(b)(1) Any student excluded from the classroom pursuant
139	143		to subsection (a) shall be placed under the control of the
140		-	school principal or his or her designee, provided that the
141		-	excluding teacher has followed his or her own approved
142		-	classroom management plan. The excluded student may be
143		-	readmitted to the classroom only after the principal, or his
144		-	or her designee, provides written certification to the
	144	+	school principal or his or her designee. The excluded student
	145	+	may be readmitted to the classroom only after the principal,
	146	+	or his or her designee, provides written certification to the
145	147		classroom teacher that the student may be readmitted and
146	148		specifies the type of disciplinary action, if any, that was
147	149		taken.
148	150		(2) If the principal, or his or her designee, finds
149	151		that disciplinary action is warranted, he or she shall provide
150	152		written and, if possible, telephonic notice of the action to
151	153		the student's parent or guardian.
152	154		(c) If a student is excluded from the classroom
153	155		pursuant to subsection (a) two times in one semester and all
154	156		other reasonable means of classroom discipline have been
155		-	exhausted, the student may be readmitted to the classroom only
156		-	if all of the following are satisfied:
157		-	(1) The principal, teacher, and, if possible, the
158		-	student's parent or guardian have held a conference to discuss
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	184	+	84 SB157 Engrossed
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	186	+	other reasonable means of classroom discipline have been
	187	+	exhausted, the student may be readmitted to the classroom only
	188	+	if all of the following are satisfied:
	189	+	(1) The principal, teacher, and, if possible, the
188	190		student's parent or guardian have held a conference to discuss
189	191		the student's disruptive behavior patterns.
190		-	(2) The ~~principal informs~~ the ~~teacher of any~~ course of
	192	+	(2) The teacher and the principal agree on a course of
191	193		discipline for the student going forward.
192	194		(3) The student's parent or guardian has been informed
193	195		of the course of discipline.
194	196		(d) Following a student's readmittance to the classroom
195	197		pursuant to subsection (c), if the student's disruptive
196	198		behavior persists, upon the teacher's request, the principal
197	199		shall mete out the maximum discipline provided for by the
198	200		student code of conduct for the infraction, including, but not
199		-	limited to, transfer to an alternative school that is approved
200		-	by the local superintendent of education.
	201	+	limited to, transfer to an alternative school.
201	202		(e)(1) If the student removed from the classroom
202	203		pursuant to subsection (a) is in grades six through 12 and is
203	204		removed for his or her disorderly conduct, interference with
204	205		an orderly educational process, or obstruction of the teaching
205	206		or learning process of others in the classroom, the student
206	207		may not be readmitted to the referring teacher's classroom for
207	208		at least the remainder of the school day. The principal must
208	209		communicate with the teacher regarding the student before he
209	210		or she may be readmitted to the classroom.
210	211		(2) A student who is excluded for the remainder of a
211	212		school day pursuant to this subsection for a total of three
212	213		times in one 30-day period shall receive, as determined by the
213	214		principal, in-school or out-of-school suspension, or may be
214		-	recommended for placement in an alternative school, if one is
215		-	available within the school district.
216		-	(f) Beginning with the 2024-2025 school year, each
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	244	+	principal, in-school or out-of-school suspension, or may be
	245	+	recommended for placement in an alternative school, if one is
	246	+	available within the school district.
246	247		(f) Beginning with the 2024-2025 school year, each
247	248		local board of education shall adopt a policy establishing an
248	249		appeal process that allows a teacher to appeal to the local
249	250		board of education in both of the following scenarios:
250	251		(1) If a principal refuses to allow a student to be
251	252		excluded from the classroom pursuant to this section.
252	253		(2) If a teacher believes the school principal has
253	254		prematurely ended the exclusion of a student from the
254	255		classroom pursuant to this section.
255		-	(g) Each local board of education shall require each
256		-	school to collect data related to any disciplinary action
257		-	taken pursuant to this section. Each local board of education
258		-	shall compile a report of the data collected from each school
259		-	to the State Department of Education. The State Department of
260		-	Education shall compile a report of the data collected from
261		-	each local board of education and provide it to the
262		-	Legislature no later than the first day of each regular
263		-	legislative session.
264	256		Section 4. (a) An education employee may not be held
265		-	civilly or criminally liable for his or her actions while
266		-	addressing student behavior that could lead to exclusion
267		-	pursuant to Section 3, if those actions are carried out in
	257	+	civilly or criminally liable for actions carried out in
268	258		conformity with rules of the State Board of Education or
269	259		policies of the local board of education where he or she is
270	260		employed, except in the following cases:
271	261		(1) The education employee engages in excessive force
272	262		or cruel and unusual punishment.
273	263		(2) The education employee acts willfully, maliciously,
274	264		fraudulently, in bad faith, beyond his or her authority, or
	265	+	under a mistaken interpretation of the law.
	266	+	(3) The education employee violates the United States
	267	+	Constitution, the Constitution of Alabama of 2022, or the laws
	268	+	of this state.
	269	+	(b)(1) The Educators' Liability Trust Fund may
	270	+	reimburse reasonable expenses for legal services for an
	271	+	education employee if he or she is charged with civil or
	272	+	criminal actions arising out of and in the course of the
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304		-	fraudulently, in bad faith, beyond his or her authority, or
305		-	under a mistaken interpretation of the law.
306		-	(3) The education employee violates the United States
307		-	Constitution, the Constitution of Alabama of 2022, or the laws
308		-	of this state.
309		-	(b)(1) The Educators' Liability Trust Fund may
310		-	reimburse reasonable expenses for legal services for an
311		-	education employee if he or she is charged with civil or
312	302		criminal actions arising out of and in the course of the
313		-	performance of his or her assigned duties and responsibilities
314		-	under terms and conditions established by the Department of
315		-	Finance consistent with this act.
	303	+	performance of his or her assigned duties and
	304	+	responsibilities.
316	305		(2) No later than the first legislative day of each
317	306		regular session of the Legislature, the Educators' Liability
318	307		Trust Fund shall provide a report detailing expenditures made
319	308		during the preceding year pursuant to this act, including a
320	309		breakdown of expenditures by employing school district, to the
321	310		State Superintendent of Education, the Chair of the House of
322	311		Representatives Ways and Means Education Committee, and the
323	312		Chair of the Senate Finance and Taxation Education Committee.
324	313		(c)(1) If an education employee charged with civil or
325	314		criminal actions arising out of and in the course of the
326	315		performance of his or her assigned duties and responsibilities
327		-	under this act successfully defends himself or herself, the
328		-	Educators' Liability Trust Fund shall provide for
329		-	reimbursement of reasonable expenses for his or her legal
330		-	services.
331		-	(2) If the Educators' Liability Trust Fund does not pay
332		-	a claim for reimbursement pursuant to this subsection,
	316	+	successfully defends himself or herself, the Educators'
	317	+	Liability Trust Fund shall provide for reimbursement of
	318	+	reasonable expenses for his or her legal services.
	319	+	(2) If the Educators' Liability Trust Fund is unable to
	320	+	pay a claim for reimbursement pursuant to this subsection,
	321	+	reimbursement shall be made by the employing local board of
	322	+	education.
	323	+	(d) In cases in which a teacher faces legal action,
	324	+	disciplinary action, or professional sanctions for an action
	325	+	taken based on his or her classroom management, there is a
	326	+	rebuttable presumption that the teacher was taking necessary
	327	+	actions to restore or maintain the safety or instructional
	328	+	atmosphere of his or her classroom.
	329	+	(e) This section shall not be construed to eliminate,
	330	+	alter, or otherwise modify any other immunity regarding
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362		-	a claim for reimbursement pursuant to this subsection,
363		-	reimbursement may be made by the employing local board of
364		-	education at its sole discretion.
365		-	(d)(1) In cases in which a teacher faces legal action,
366		-	disciplinary action, or professional sanctions for an action
367		-	taken based on his or her classroom management plan that was
368		-	approved by the school principal, there is a rebuttable
369		-	presumption that the teacher was taking necessary actions to
370		-	restore or maintain the safety or instructional atmosphere of
371		-	his or her classroom.
372		-	(2) Principals shall review and act upon classroom
373		-	management plans promptly. Each classroom management plan
374		-	shall be approved by the principal before the tenth day of
375		-	instruction for students during each academic year.
376		-	(e) This section shall not be construed to eliminate,
377	360		alter, or otherwise modify any other immunity regarding
378	361		officers, employees, or agents of the state established under
379	362		the Constitution of Alabama of 2022, and the laws of this
380	363		state.
381	364		(f) A teacher may not be reprimanded or otherwise be
382	365		subjected to disciplinary action by his or her principal, a
383		-	local board of education, or the State Board of Education ~~for~~
384		-	~~any action taken pursuant to this act if~~ his or her actions
385		-	~~are found to be legal and in conformance~~ with the policy of
386		-	~~the local board of education or the State~~ Board of Education.
	366	+	local board of education, or the State Board of Education if
	367	+	his or her actions are found to be legal and in conformance
	368	+	with the policy of the local board of education or the State
	369	+	Board of Education.
387	370		Section 5. Beginning with the 2024-2025 school year,
388	371		the State Board of Education shall adopt a model policy that
389	372		reflects the requirements of this act. Each local board of
390		-	education may adopt and implement the model policy, or may
	373	+	education shall adopt and implement the model policy, and each
	374	+	local board of education may adopt additional policies
	375	+	relating to this act, provided that the minimum requirements
	376	+	of this act are met.
	377	+	Section 6. (a) Nothing in this act shall be construed
	378	+	to infringe on any right provided to a student pursuant to the
	379	+	Individuals with Disabilities Education Act (IDEA), the Family
	380	+	Educational Rights and Privacy Act (FERPA), Section 504 of the
	381	+	Rehabilitation Act of 1973, or the Americans with Disabilities
	382	+	Act of 1990, provided that student information related to this
	383	+	act shall be included as necessary into any and all
	384	+	Individualized Education Plans (IEPs), behavioral intervention
	385	+	plans, and other similar documents.
	386	+	(b) Principals and other relevant administrators shall
	387	+	carry out this act in a manner that complies with the laws
	388	+	listed in subsection (a), including, but not limited to: (i)
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420		-	education may adopt and implement the model policy, or may
421		-	adopt and implement another policy, provided that each local
422		-	board of education shall adopt policies that meet the minimum
423		-	requirements of this act.
424		-	Section 6. (a) Nothing in this act shall be construed
425		-	to infringe on any right provided to a student pursuant to the
426		-	Individuals with Disabilities Education Act (IDEA), the Family
427		-	Educational Rights and Privacy Act (FERPA), Section 504 of the
428		-	Rehabilitation Act of 1973, or the Americans with Disabilities
429		-	Act of 1990, provided that student information related to this
430		-	act shall be included as necessary into any and all
431		-	Individualized Education Plans (IEPs), behavioral intervention
432		-	plans, and other similar documents.
433		-	(b) Principals and other relevant administrators shall
434		-	carry out this act in a manner that complies with the laws
435	418		listed in subsection (a), including, but not limited to: (i)
436	419		promptly carrying out manifestation determinations after
437	420		misconduct; (ii) meting out discipline in accordance with the
438	421		student code of conduct where misconduct is not determined to
439	422		be a manifestation of disability; (iii) performing functional
440	423		behavior assessments and adjusting behavior intervention plans
441	424		as needed in a timely manner; and (iv) performing any other
442	425		duties and responsibilities provided by those laws.
443	426		Section 7. This act shall become effective on June 1,
444	427		2024.
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	436	+	205 SB157 Engrossed
	437	+	Page 9
	438	+	2024.
	439	+	Senate
	440	+	Read for the first time and referred
	441	+	to the Senate committee on Education
	442	+	Policy
	443	+	................27-Feb-24
	444	+	Read for the second time and placed
	445	+	on the calendar:
	446	+	0 amendments
	447	+	................28-Feb-24
	448	+	Read for the third time and passed
	449	+	as amended
	450	+	Yeas 34
	451	+	Nays 0
	452	+	Abstains 0
	453	+	................04-Apr-24
	454	+	Patrick Harris,
	455	+	Secretary.
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470		-	2024.
471		-	________________________________________________
472		-	President and Presiding Officer of the Senate
473		-	________________________________________________
474		-	Speaker of the House of Representatives
475		-	SB157
476		-	Senate 04-Apr-24
477		-	I hereby certify that the within Act originated in and passed
478		-	the Senate, as amended.
479		-	Patrick Harris,
480		-	Secretary.
481		-	House of Representatives
482		-	Amended and passed: 07-May-24
483		-	Senate concurred in House amendment 07-May-24
484		-	By: Senator Orr
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