Current through Register Vol. 42, No. 11, August 30, 2024
A member of a local board of education who fails to comply with
the code of conduct adopted by the local board of education or other statutory
requirements, under circumstances that constitute neglect of duty or willful
misconduct, may be subject to one or more of the following actions:
(1) A member of the local school board may be
subject to an action of formal censure or reprimand by the vote of a majority
of the members of the local board of education.
(a) Before the vote of formal censure or
reprimand, the local board of education must first, by vote of a majority of
the whole board, provide a minimum of 3 0 days advance written notice of the
proposed action to the member. The notice of proposed action shall be provided
to the member by the secretary of the local board of education, shall specify
the reasons for the proposed action, and shall state that the member may
respond orally or in writing to the notice before the vote of formal censure or
reprimand.
(2) A member
of the local school board may be subject to one or more of the following
actions by majority vote of the State Board of Education upon the
recommendation of the State Superintendent:
(a) A formal censure or reprimand of the
board member.
(b) Disqualification
from eligibility for future appointment, reappointment, or election to any
local board of education in the state, if the board member fails to meet
required training and attendance requirements.
(c) Disqualification from eligibility for
future appointment, reappointment, or election to any local board of education
in the state, if the State Superintendent determines that the conduct of board
member constitutes neglect of duty or willful misconduct.
(3) Before recommending approval of sanctions
by the State Board of Education, the State Superintendent or designee shall
conduct investigations, reviews, and hearings as follows:
(a) The State Superintendent or designee may
investigate serious and substantial allegations of neglect of duty, misconduct,
or breach of duty on the part of any member or members of a local board of
education upon a written complaint by a majority vote of the local board of
education or the State Superintendent determines sufficient cause to conduct
the investigation. As a result of the investigation, the State Superintendent
may take any of the following actions:
1.
Decline to pursue formal sanctions.
2. As a result of the investigation, issue a
written notice to any board member or members whose conduct is in question.
(i) The notice shall specify the proposed
imposition of any sanctions.
(ii)
The notice shall identify the specific incidents or findings of neglect of
duty, misconduct, or other breach of legal duty upon which each proposed
sanction is based.
(iii) The notice
must provide the board member a minimum of 30 days to show cause, in person or
in writing, to object to the proposed sanction or determinations by the State
Superintendent.
(iv) The board
member may request a hearing before the State Superintendent or designee for
the purpose of contesting any proposed sanction.
(4) The State
Superintendent may propose or initiate a negotiated resolution of any action if
the written agreement with the member of a local board of education is executed
as a matter of public record.
(5)
No sanction of a member of a local board of education may be imposed on the
basis of the exercise of personal, political, or other rights of a board member
that are protected by the United States Constitution or by any state or federal
statute.
Author: Warren Craig Pouncey
Statutory Authority:
Code of Ala.
1975, §
16-3-11.