Alabama Administrative Code
Title 290 - ALABAMA STATE BOARD OF EDUCATION
Chapter 290-3-2 - EDUCATOR CERTIFICATION
Section 290-3-2-.04 - Revocation And Suspension Of Certificates And Unsuitability Determinations
Universal Citation: AL Admin Code R 290-3-2-.04
Current through Register Vol. 42, No. 11, August 30, 2024
(1) Authority of the Alabama State Superintendent of Education.
(a) The Alabama State Superintendent of
Education shall have the authority under existing legal standards to:
1. Revoke, suspend, recall, non-renew, refuse
to issue, or impose any other condition or requirement authorized by this Rule
upon any certificate held by a person who has been proven guilty of immoral
conduct or unbecoming or indecent behavior in Alabama or any other location in
accordance with Code of Ala.1975, §
16-23-5.
2. Revoke, suspend, recall, non-renew, refuse
to issue, or impose any other condition or requirement authorized by this Rule
upon a certificate to an applicant whose certificate has been subject to
adverse action by another state until after the adverse action is resolved in
his or her favor, or reversed by that state.
3. Suspend or revoke an individual's
certificate issued by the Alabama State Superintendent of Education when a
certificate or license issued by another state is subject to adverse action.
The suspension or revocation shall expire upon reinstatement of the certificate
or license without other conditions by the other state.
4. Revoke, refuse to issue, suspend, recall,
non-renew, or impose any other condition or requirement authorized by this Rule
upon a certificate for just cause.
5. Revoke, refuse to issue, suspend, recall,
non-renew, or impose any other condition or requirement authorized by this
Rule, any certificate where there has been an alteration of the certificate by
any certificate holder or by any other person or agency with intent to mislead
or defraud. It shall be incumbent upon the certificate holder to establish
evidence of the absence of intent to mislead or defraud.
6. Issue a public reprimand; place a
certificate holder on probation; require a person to undergo drug testing,
training in anger management, classroom management, or student assessment
procedures; or require any other appropriate or remedial training as a
condition of his or her certification or licensure.
7. Issue an emergency suspension of a
certificate or license using the procedures established by the Alabama
Administrative Procedure Act.
(b) This Rule shall apply to individuals
holding a Substitute Teacher License, or any other certificate or license
issued pursuant to Title 16 of the Code of Alabama.
(c) This Rule shall apply to individuals
applying for admission to a State-approved teacher education program.
(d) The Alabama State Superintendent of
Education shall determine whether the applicant satisfies the criteria for
public employment pursuant to the Alabama Child Protection Act of 1999, as
amended, and Code of Ala.1975, §
16-23-5,
as applicable.
(e) The Alabama
State Superintendent of Education's decision to revoke, recall, non-renew,
non-issue, deny, accept a surrender of a certificate, or other similar action
is a permanent decision concerning the individual's fitness to teach and
suitability for public employment.
(2) Requirements of Local Superintendents of Education. Each local superintendent shall submit to the Alabama State Superintendent of Education within ten calendar days of the decision, the name and social security number of each employee holding an Alabama certificate or license who is terminated, or nonrenewed, resigns, or is placed on administrative leave for cause, and shall indicate the reason for such action. Superintendents shall provide personnel records and all investigative information immediately upon request by the Alabama Department of Education. Superintendents shall not be required to report teachers who are nonrenewed without cause. Failure to comply may result in disciplinary action against the employing local superintendent.
(3) Certification and Unsuitability Status Review Process.
(a) When information is received pursuant to
a criminal background check conducted under the Child Protection Act of 1999,
as amended, for an individual who has been convicted of or entered a plea of no
contest to a felony or misdemeanor other than a minor traffic violation, or has
a pending charge against him or her, a confidential review of the individual's
suitability status shall be conducted to determine whether or not to recommend
action.
(b) When information is
received by any method other than directly pursuant to a criminal background
check conducted under the Child Protection Act of 1999, as amended, for an
individual who appears to have been guilty of immoral, unbecoming, or indecent
behavior, a confidential review of the individual's fitness to hold a
certificate or license shall be conducted to determine whether or not to
recommend action.
(c) All reviews
shall be thorough and concluded as expeditiously as possible. Information
discovered in the course of the review not relevant to the question of
certification or suitability for employment shall be disregarded. All documents
shall be deemed investigatory documents and remain confidential during the
course of the review.
(d) Until
notice of a proposed action is attempted to be served upon an individual, the
State Department of Education shall indicate in all databases accessible by
third parties, including local education agencies, that an individual's valid
certificate is valid. During this period, the State Department of Education
shall state to third parties inquiring about the valid certificate holder's
status, that the individual's certificate is valid. Nothing in this Rule shall
be construed to impede the State Department of Education from investigating
claims of misconduct, including contacting potential witnesses, to determine
whether to initiate any action against the certificate holder or other
potential respondent.
(e) Upon
completion of the confidential review, a recommendation for action or no action
shall be conveyed to the Alabama State Superintendent of Education and the
process prescribed in Rule 290-3-2-.04(4) through (8) shall apply as
appropriate.
(f) When an individual
has been convicted of any crime covered by the Fincher Act, codified at §
16-23-5,
Code of Ala.1975, the procedures in this Rule need not
be followed; instead, immediate action may be taken pursuant to the provisions
of that section.
(4) Hearing Procedures.
(a) Notice of Proposed
Action or Unsuitability. A proposed action against an individual's certificate
or license or notice of unsuitability shall be initiated by service of a
written notice of the proposed action or unsuitability, and shall contain a
statement of:
1. The nature of the hearing
including the individual's rights to challenge the proposal pursuant to the
Alabama Administrative Procedures Act;
2. The legal authority and jurisdiction under
which the hearing is to be held;
3.
Reference to the particular sections of statutes and Rules involved;
and
4. The reasons for the proposed
action. If the Alabama State Department of Education is unable to state the
reasons in detail at the time the notice is served, the initial notice may be
limited to a statement of the issues involved. Thereafter, upon application by
the respondent, a more definite statement may be furnished.
(b) Service of Notice. The notice
may be served by personal service or certified mail, return receipt
requested.
(c) Request for Hearing.
A respondent may request in writing a hearing to contest a proposed action.
1. The request shall be submitted to the
Alabama State Superintendent of Education within 15 calendar days of the date
of receipt of notice of the proposed action.
2. Failure to request a hearing within the
above time frame shall constitute a waiver of the opportunity for a hearing and
shall cause the matter to be submitted to the Alabama State Superintendent of
Education for final action.
3. If a
hearing is requested within the above time frame, the Alabama State
Superintendent of Education may request the appointment of a hearing officer to
conduct the hearing. If the respondent is a current public noncertified
employee, the due process administrative hearing shall be conducted by an
administrative law judge in accordance with the hearing procedures of the
Alabama Administrative Procedures Act; and the administrative law judge shall
hear the case, make findings of fact, and enter the final determination of
suitability. Within a reasonable amount of time prior to the hearing, both
parties shall exchange all documents to be introduced into evidence at the
hearing. The service of materials exchanged by the parties, and of any filings
with the administrative law judge, may be by electronic means, including
e-mail. Any filing e-mailed to an administrative law judge shall be
simultaneously e-mailed to the opposing party or his or her attorney. E-mailed
documents should be in PDF format. When service on an opposing party or his or
her attorney is not made by e-mail, any e-mailed filing shall be placed in the
U.S. Mail to the opposing party or his or her attorney within one business day.
The Alabama Rules of Civil Procedure shall be a guide to the conduct of
discovery by the parties.
(d) Conduct of Hearing.
1. A hearing officer shall have the authority
to:
(i) Establish a date, time and place for
the hearing;
(ii) Maintain
order;
(iii) Make a record of the
proceedings;
(iv) Establish
reasonable time limits for the conduct of the proceedings;
(v) Rule on the admissibility of
evidence;
(vi) Hold a prehearing
conference, if necessary, to clarify the matters in dispute; establish the
order of presentation; allow and establish time limits for the exchange of
exhibits and names of witnesses; and
(vii) Enter an order on any other matter
which would affect the conduct of the hearing.
2. The hearing shall be open to the public,
unless it is ordered to be closed by the hearing officer for good cause or by
agreement of the parties.
3. A
respondent may be represented by counsel at his/her own expense.
4. The hearing officer shall enter a
protective order sealing any portion of the record and documents exchanged by
the parties when that information contains personally identifiable information
about one or more students, and when the public has no need for that
information.
(e)
Settlement. Informal dispositions may be made of any matter set for hearing by
stipulation, agreed settlement, consent order or default or by another method
agreed upon by the parties in writing.
(f) Pending final resolution of the hearing:
1. The Alabama State Superintendent of
Education may take no further action regarding the suitability or fitness
determination, except for an emergency suspension;
2. The suitability or fitness determination
regarding the public certified employee, certified applicant for employment, or
current public noncertified employee is stayed, except for an emergency
suspension;
3. The requesting local
employing board is prohibited from taking any adverse action against the
individual that pertains solely to the pending procedures of the Alabama State
Department of Education.
(g) Record of Proceedings.
1. The record of a hearing shall include:
(i) The notice of proposed action;
(ii) The request for a hearing;
(iii) All evidence received during the
hearing;
(iv) A transcript of the
proceedings;
(v) A statement of all
matters officially noticed;
(vi)
All questions and offers of proof, objections and rulings thereon;
(vii) The written recommendation of the
hearing officer; and
(viii) The
final order of the Alabama State Superintendent of Education (if the individual
is certified or an applicant for certification); or
(ix) The final order by an administrative law
judge (if the individual is a noncertified current employee).
2. Oral proceedings shall be
recorded either by mechanized means or by a qualified shorthand reporter. Oral
proceedings shall be transcribed at the request of any party with the expense
of transcription charged to the requesting party. The record of oral
proceedings shall be maintained by the Alabama State Department of Education
for five years from the date of entry of the final order of the Alabama State
Superintendent of Education.
(h) Rules of Evidence. The Alabama Rules of
Evidence as provided in Code of Ala.1975, §
41-22-13 shall apply to all hearings conducted under these Rules. When necessary to
ascertain facts not reasonably susceptible of proof under the Alabama Rules of
Evidence, evidence not admissible thereunder may be admitted (except where
precluded by statute) if it is of a type commonly relied upon by reasonably
prudent persons in the conduct of their affairs.
(i) Final Order:
1. Upon completion of a hearing, the hearing
officer shall prepare for and submit to the Alabama State Superintendent of
Education a written recommendation with respect to the proposed action. The
hearing officer may, if he or she disagrees with the proposed action, make any
recommendation that he or she finds is warranted under this Rule and state law.
The recommendation may be for a less severe sanction than the action that was
proposed by the Department. The recommendation shall consist of a statement of
facts found by the hearing officer and a recitation of the application of the
facts found to the applicable statutes and regulations. The recommendation
along with the record shall be submitted to the Alabama State Superintendent of
Education within 30 days after the hearing is concluded. The 30-day period may
be extended at the discretion of the hearing officer.
2. Based upon a review of the record of the
hearing and the recommendation of the hearing officer, the Alabama State
Superintendent of Education shall issue a final order within 30 days after the
recommendation is received for individuals who are certified or who are
applicants for certification.
(i) The 30-day
period may be waived or extended with the consent of the parties.
(ii) The final order may accept, reject, or
modify the recommendation of the hearing officer for individuals who are
certified or licensed or who are applicants for certification or
licensure.
(iii) The decision of
the administrative law judge for cases involving noncertified current employees
is final and not subject to appeal.
(j) Upon final resolution the results of the
hearing and any accompanying findings or order are sent to both the individual
and the local employing superintendent.
(5) Application for Rehearing. Any party may, within 15 days after entry of the final order, file an application for rehearing pursuant to the provisions of Code of Ala.1975, § 41-22-17.
(6) Summary Proceeding.
(a) If, after a reasonable and diligent
effort, service of notice of a proposed action is not perfected, the Alabama
State Superintendent of Education may make a summary disposition of the matters
reflected in the notice of proposed action.
(b) The Alabama State Superintendent of
Education may suspend a current teacher certificate/license, refuse to renew a
teacher certificate/license, or refuse to issue a teacher certificate/license
either indefinitely or until the expiration of the valid period of the teacher
certificate/license, as the case may be, until such time as the whereabouts of
the teacher becomes known. At such time, the Alabama State Superintendent of
Education may serve the respondent with a notice of proposed action.
(7) Judicial Review. A teacher who has exhausted all administrative remedies available and who is aggrieved by a final order of the Alabama State Superintendent of Education may seek judicial review pursuant to the provisions of Code of Ala.1975, §§ 41-22-20 and 41-22-21.
(8) Report of Final Dispositions. Upon final order of the Alabama State Superintendent of Education to revoke, recall, suspend, refuse to issue a certificate or license, or imposing any other sanction authorized by this Rule or by settlement, the Alabama State Department of Education shall report the final disposition to the National Association of State Directors of Teacher Education and Certification (NASDTEC) Clearinghouse or its agent, in a manner consistent with the requirements of the NASDTEC compact.
Author: Dr. Thomas R. Bice
Statutory Authority: Ala. Const. Amend. 284; Code of Ala. 1975, §§ 16-3-11, 16-23-1, 16-23-2.
Disclaimer: These regulations may not be the most recent version. Alabama may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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