HB498INTRODUCED
Page 0
HB498
QN2JC54-1
By Representative Almond
RFD: Judiciary
First Read: 01-Apr-25
1
2
3
4
5 QN2JC54-1 03/20/2025 KMS (L)KMS 2025-975
Page 1
First Read: 01-Apr-25
SYNOPSIS:
Under existing law, the State Superintendent of
Education is responsible for explaining, deciding
controversies and disputes regarding, and enforcing
school laws and rules of the State Board of Education
and also for filing charges and instituting proceedings
for the removal of individuals appointed under school
laws for misconduct in office.
This bill would authorize the State
Superintendent of Education to issue subpoenas and
summon witnesses to testify regarding matters within
his or her purview.
This bill would also authorize the State
Superintendent of Education to appoint special
investigators within the Office of General Counsel of
the State Department of Education as needed to help
facilitate necessary investigations.
A BILL
TO BE ENTITLED
AN ACT
Relating to the State Superintendent of Education; to
amend Section 16-4-4, Code of Alabama, to authorize the
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 HB498 INTRODUCED
Page 2
amend Section 16-4-4, Code of Alabama, to authorize the
superintendent to issue subpoenas and summon witnesses to
testify relating to matters which the State Department of
Education has authority to administer or regulate; and to
authorize the superintendent to appoint special investigators
within the Office of General Counsel as necessary.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 16-4-4 of the Code of Alabama 1975,
is amended to read as follows:
"ยง16-4-4
(a) The State Superintendent of Education shall explain
the true intent and meaning of the school laws and of the
rules and regulations policies of the State Board of
Education. He or she shall decide, without expense to the
parties concerned, all controversies and disputes involving
the proper administration of the public school system. The
State Superintendent of Education shall enforce all the
provisions of this title and the rules and regulations
policies of the State Board of Education. He or she shall file
charges with the State Board of Education or other controlling
authority and shall recommend for removal or institute
proceedings for the removal of any person individual appointed
under the provisions of this title for immorality, misconduct
in office, insubordination, incompetency , or willful neglect
of duty.
(b)(1) The State Superintendent of Education may summon
any witness to appear and give testimony, and summon by
subpoena duces tecum any records, books, or other information
of any kind relating to any matter which the State Department
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 HB498 INTRODUCED
Page 3
of any kind relating to any matter which the State Department
of Education or the State Board of Education has authority to
administer or regulate.
(2) The witness may be summoned by subpoena issued by
the State Superintendent of Education or any circuit judge,
magistrate, or district judge in the name of the department
and directed to any sheriff of the state or process server and
returnable to the department.
(3) The subpoena may be served in like manner as
subpoenas issued out of any circuit court or may be served by
an authorized employee of the department or by either U.S.
mail with delivery confirmation or certified mail, return
receipt requested.
(4) If any witness is subpoenaed to appear and testify
or appear and produce records, books, or other information,
and fails or refuses to appear or testify or to produce the
books, records, or other information, that witness shall be
subject to contempt proceedings in the circuit court of the
judicial circuit in which the witness resides, and, upon proof
of the fact to a circuit court, may be punished for contempt
as provided in cases of contempt in circuit court.
(c)(1) The State Superintendent of Education may
appoint special investigators as necessary within the Office
of General Counsel of the State Department of Education. An
appointed special investigator shall sign an agency access
agreement before access to any law enforcement records or
systems is granted. The grant of access to law enforcement
records and systems is subject to state and federal law and
may be audited by the Criminal Justice Information Services
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 HB498 INTRODUCED
Page 4
may be audited by the Criminal Justice Information Services
Division of the Alabama State Law Enforcement Agency.
(2) An appointed special investigator shall have
general investigative powers including, but not limited to,
all of the following:
a. To serve subpoenas issued for examination,
investigation, and trial or hearing of all administrative,
regulatory, certification, and litigation matters involving
the department.
b. To access any public school property while
fulfilling his or her responsibilities.
c. To interview witnesses and other individuals who may
have indirect information.
d. To access pertinent law enforcement records and
systems in the performance of his or her official duties
including, but not limited to, investigating misconduct by
school employees whose certification may be subject to
revocation by the State Superintendent of Education.
e. To obtain information or evidence in any form.
f. To perform additional duties as the State
Superintendent of Education may direct. "
Section 2. This act shall become effective on August 1,
2025.
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106