Alabama 2025 Regular Session

Alabama House Bill HB498 Compare Versions

Only one version of the bill is available at this time.

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1	1	HB498INTRODUCED
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3	3	HB498
4	4	QN2JC54-1
5	5	By Representative Almond
6	6	RFD: Judiciary
7	7	First Read: 01-Apr-25
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12	12	5 QN2JC54-1 03/20/2025 KMS (L)KMS 2025-975
13	13	Page 1
14	14	First Read: 01-Apr-25
15	15	SYNOPSIS:
16	16	Under existing law, the State Superintendent of
17	17	Education is responsible for explaining, deciding
18	18	controversies and disputes regarding, and enforcing
19	19	school laws and rules of the State Board of Education
20	20	and also for filing charges and instituting proceedings
21	21	for the removal of individuals appointed under school
22	22	laws for misconduct in office.
23	23	This bill would authorize the State
24	24	Superintendent of Education to issue subpoenas and
25	25	summon witnesses to testify regarding matters within
26	26	his or her purview.
27	27	This bill would also authorize the State
28	28	Superintendent of Education to appoint special
29	29	investigators within the Office of General Counsel of
30	30	the State Department of Education as needed to help
31	31	facilitate necessary investigations.
32	32	A BILL
33	33	TO BE ENTITLED
34	34	AN ACT
35	35	Relating to the State Superintendent of Education; to
36	36	amend Section 16-4-4, Code of Alabama, to authorize the
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64	64	28 HB498 INTRODUCED
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66	66	amend Section 16-4-4, Code of Alabama, to authorize the
67	67	superintendent to issue subpoenas and summon witnesses to
68	68	testify relating to matters which the State Department of
69	69	Education has authority to administer or regulate; and to
70	70	authorize the superintendent to appoint special investigators
71	71	within the Office of General Counsel as necessary.
72	72	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
73	73	Section 1. Section 16-4-4 of the Code of Alabama 1975,
74	74	is amended to read as follows:
75	75	"§16-4-4
76	76	(a) The State Superintendent of Education shall explain
77	77	the true intent and meaning of the school laws and of the
78	78	rules and regulations policies of the State Board of
79	79	Education. He or she shall decide, without expense to the
80	80	parties concerned, all controversies and disputes involving
81	81	the proper administration of the public school system. The
82	82	State Superintendent of Education shall enforce all the
83	83	provisions of this title and the rules and regulations
84	84	policies of the State Board of Education. He or she shall file
85	85	charges with the State Board of Education or other controlling
86	86	authority and shall recommend for removal or institute
87	87	proceedings for the removal of any person individual appointed
88	88	under the provisions of this title for immorality, misconduct
89	89	in office, insubordination, incompetency , or willful neglect
90	90	of duty.
91	91	(b)(1) The State Superintendent of Education may summon
92	92	any witness to appear and give testimony, and summon by
93	93	subpoena duces tecum any records, books, or other information
94	94	of any kind relating to any matter which the State Department
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124	124	of any kind relating to any matter which the State Department
125	125	of Education or the State Board of Education has authority to
126	126	administer or regulate.
127	127	(2) The witness may be summoned by subpoena issued by
128	128	the State Superintendent of Education or any circuit judge,
129	129	magistrate, or district judge in the name of the department
130	130	and directed to any sheriff of the state or process server and
131	131	returnable to the department.
132	132	(3) The subpoena may be served in like manner as
133	133	subpoenas issued out of any circuit court or may be served by
134	134	an authorized employee of the department or by either U.S.
135	135	mail with delivery confirmation or certified mail, return
136	136	receipt requested.
137	137	(4) If any witness is subpoenaed to appear and testify
138	138	or appear and produce records, books, or other information,
139	139	and fails or refuses to appear or testify or to produce the
140	140	books, records, or other information, that witness shall be
141	141	subject to contempt proceedings in the circuit court of the
142	142	judicial circuit in which the witness resides, and, upon proof
143	143	of the fact to a circuit court, may be punished for contempt
144	144	as provided in cases of contempt in circuit court.
145	145	(c)(1) The State Superintendent of Education may
146	146	appoint special investigators as necessary within the Office
147	147	of General Counsel of the State Department of Education. An
148	148	appointed special investigator shall sign an agency access
149	149	agreement before access to any law enforcement records or
150	150	systems is granted. The grant of access to law enforcement
151	151	records and systems is subject to state and federal law and
152	152	may be audited by the Criminal Justice Information Services
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182	182	may be audited by the Criminal Justice Information Services
183	183	Division of the Alabama State Law Enforcement Agency.
184	184	(2) An appointed special investigator shall have
185	185	general investigative powers including, but not limited to,
186	186	all of the following:
187	187	a. To serve subpoenas issued for examination,
188	188	investigation, and trial or hearing of all administrative,
189	189	regulatory, certification, and litigation matters involving
190	190	the department.
191	191	b. To access any public school property while
192	192	fulfilling his or her responsibilities.
193	193	c. To interview witnesses and other individuals who may
194	194	have indirect information.
195	195	d. To access pertinent law enforcement records and
196	196	systems in the performance of his or her official duties
197	197	including, but not limited to, investigating misconduct by
198	198	school employees whose certification may be subject to
199	199	revocation by the State Superintendent of Education.
200	200	e. To obtain information or evidence in any form.
201	201	f. To perform additional duties as the State
202	202	Superintendent of Education may direct. "
203	203	Section 2. This act shall become effective on August 1,
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