Alabama Administrative Code
Title 290 - ALABAMA STATE BOARD OF EDUCATION
Chapter 290-4-1 - EDUCATION ACCOUNTABILITY
Section 290-4-1-.01 - Education Accountability
Universal Citation: AL Admin Code R 290-4-1-.01
Current through Register Vol. 42, No. 11, August 30, 2024
(1) The State Superintendent of Education is authorized to carry out the review, examination and supervisory responsibilities as prescribed in the Code of Ala. 1975, and to require reasonable and appropriate reports and to conduct hearings for the purpose of ensuring that due process requirements are met.
(2) Academic Assistance Program. Detailed policies and procedures for the Academic Assistance Program are found in the Alabama Consolidated Application Accountability Workbook for State Grants under Title IX, Part C, Section 9302 of the Elementary and Secondary Education Act (Public Law 107-110) and Rewards And Sanctions Plan, Alabama Accountability System.
(3) Financial Assistance Program. Local superintendents of education are required to prepare for the local boards of education annual budgets and financial statements, monthly financial reports, and other related documents for review and approval, as required by the State Department of Education and state laws.
(a) The State Superintendent of Education
shall oversee the financial integrity of local boards of education and shall
appoint a Chief Education Financial Officer.
1. The Chief Education Financial Officer
shall be responsible for the collection and analysis of financial reports and
other related documents required to assess the financial integrity of local
boards of education.
2. The Chief
Education Financial Officer shall prepare reports on the financial integrity of
local boards of education.
3. The
Chief Education Financial Officer shall assist local boards of education whose
financial position is deteriorating.
4. The Chief Education Financial Officer
shall be bonded in the amount of $100,000.
(b)
Unsound Financial Condition -
Alert and Assistance. The State Department of Education shall
provide assistance and advice if an analysis of the financial integrity of a
local board of education determines the financial reports are fiscally
unsound.
(c)
Unsound
Financial Condition - Continuous Assistance. If during the
assistance the State Superintendent determines the local board of education is
in an unsound financial condition, the State Superintendent will appoint a
person to provide on-site continuous advice on the day-to-day financial
operations of the local board.
(d)
Unsound Financial Condition - Intervention. If after a
reasonable period of on-site continuous assistance, a local board remains in an
unsound financial condition, the State Superintendent shall request approval by
the State Board of Education to have direct control of the fiscal operation of
the local board. If the request is approved, the State Superintendent shall
present to the State Board of Education a proposal for the implementation of
management controls necessary to restore the local board to a sound financial
condition. Upon the approval of the State Board of Education, the State
Superintendent shall appoint a chief financial officer to manage the financial
operations of the local board, until the fiscal condition of the local board is
restored.
1. The chief financial officer will
have the right of approval of every action affecting the expenditure of
funds.
2. The chief financial
officer shall be bonded and shall not be required to have approval of the local
superintendent in the control of the local board's funds.
3. The State Superintendent shall have the
authority to review decisions of the chief financial officer and the local
board.
4. The chief financial
officer shall assume the duties established for local superintendents of
education relating to fiscal operations of local boards of education pursuant
to applicable Alabama statutory requirements, rules and regulations of the
State Board of Education, and other requirements such as federal regulations,
opinions of the Attorney General of Alabama, opinions of the Examiners of
Public Accounts, and the interpretations of the State Superintendent of
Education.
5. The State
Superintendent may direct and approve actions:
(i) To prevent further deterioration in the
financial condition of the local board.
(ii) To restore the local board to financial
stability.
(iii) To enforce
compliance with statutory, regulatory, and other financial standards and
requirements.
(4) School Safety and Discipline Accountability. The State Board of Education will utilize one or both of the following criteria to determine if intervention by the State Superintendent is necessary as required by the Code of Ala. 1975, § 16-6B-5:
(a) Failure of a school or school system to
develop and implement the policies, rules, laws, and regulations relative to
school safety and discipline as published and disseminated annually by the
State Superintendent.
(b) Failure
of a school or school system to respond to legitimate and documented school
safety and discipline concerns/ incidents as determined by the State
Superintendent after investigating the concerns/incidents. The State
Superintendent will investigate the following requests/incidents to determine
if assignment of SDE personnel to a school or school system for school safety
and discipline assistance is warranted:
1. A
written request by official action of a local parent/professional/community
organization (e.g., PTA/PTO; ACSAS; civic club), or by a majority of the
employees of a school or school system to the State Superintendent with
evidence that a request was first submitted to the school principal; secondly,
the school system superintendent; and thirdly, the local board of education
relative to specific school safety and discipline issues and no action was
taken or action was inadequate as determined by the State
Superintendent.
2. A written
request by official action of a school sanctioned student organization to the
State Superintendent with evidence that a request was first submitted to the
school principal; secondly, the school system superintendent; and thirdly, the
local board of education relative to specific school safety and discipline
issues and no action was taken or action was inadequate as determined by the
State Superintendent.
3. A written
request by a local school principal with evidence that a request was first
submitted to the local school superintendent and next, to the local board of
education relative to specific school safety and discipline issues and no
action was taken or action was inadequate as determined by the State
Superintendent.
4. An official
request by a local superintendent of education.
5. An official request by a majority vote of
a local board of education.
6. A
person is killed or seriously injured at school or a school related activity as
a result of a violent act.
(5) Release from Financial or School Safety & Discipline Intervention. Intervention for financial and/or school safety and discipline reasons shall remain in place until such time as either condition improves to an acceptable standard as determined by the State Superintendent. A local board may petition the State Board of Education for release from the state intervention by showing acceptable improvement on financial stability, safety and discipline, or for other just cause. The State Board, following a hearing, shall have final determination on the matter of release from state intervention.
(6) Alabama Educator Code of Ethics. Schools and school systems are responsible for ensuring that all educators and other school employees who have contact with children are familiar with and act in accordance with the Alabama Educator Code of Ethics.
(a)
Introduction. The primary
goal of every educator in the state of Alabama must, at all times, be to
provide an environment in which all students can learn. In order to accomplish
that goal, educators must value the worth and dignity of every person, must
have a devotion to excellence in all matters, must actively support the pursuit
of knowledge, and must fully participate in the nurturance of a democratic
citizenry. To do so requires an adherence to a high ethical standard.
The Alabama Educator Code of Ethics defines the professional behavior of educators in Alabama and serves as a guide to ethical conduct. The code protects the health, safety and general welfare of students and educators; outlines objective standards of conduct for professional educators; and clearly defines actions of an unethical nature for which disciplinary sanctions are justified.
(b) Standard 1:
Professional Conduct An educator should demonstrate conduct that follows
generally recognized professional standards.
1. Ethical conduct includes, but is not
limited to, the following:
(i) Encouraging
and supporting colleagues in the development and maintenance of high
standards.
(ii) Respecting fellow
educators and participating in the development of a professional and supportive
teaching environment.
(iii)
Engaging in a variety of individual and collaborative learning experiences
essential to developing professionally in order to promote student
learning.
2. Unethical
conduct is any conduct that impairs the certificate holder's ability to
function in his or her employment position or a pattern of behavior that is
detrimental to the health, welfare, discipline, or morals of students.
Unethical conduct includes, but is not limited to, the following:
(i) Harassment of colleagues.
(ii) Misuse or mismanagement of tests or test
materials.
(iii) Inappropriate
language on school grounds.
(iv)
Physical altercations
(v) Failure
to provide appropriate supervision of students.
(c) Standard 2: Trustworthiness An educator
should exemplify honesty and integrity in the course of professional practice.
1. Ethical conduct includes, but is not
limited to, the following:
(i) Properly
representing facts concerning an educational matter in direct or indirect
public expression.
(ii) Advocating
for fair and equitable opportunities for all children.
(iii) Embodying for students the
characteristics of intellectual honesty, diplomacy, tact, and
fairness.
2. Unethical
conduct includes, but is not limited to, the following:
(i) Falsifying, misrepresenting, omitting, or
erroneously reporting professional qualifications, criminal record, or
employment history when applying for employment or certification.
(ii) Falsifying, misrepresenting, omitting,
or erroneously reporting information submitted to federal, state, and/or other
governmental agencies.
(iii)
Falsifying, misrepresenting, omitting, or erroneously reporting information
regarding the evaluation of students and/or personnel.
(iv) Falsifying, misrepresenting, omitting,
or erroneously reporting reasons for absences or leaves. Falsifying,
misrepresenting, omitting, or erroneously reporting information submitted in
the course of an official inquiry or investigation.
(d) Standard 3: Unlawful Acts An
educator should abide by federal, state, and local laws and statutes.
1. Unethical conduct includes, but is not
limited to, the commission or conviction of a felony or of any crime involving
moral turpitude. As used herein, conviction includes a finding or verdict of
guilty, or a plea of nolo contendere, regardless of whether an appeal of the
conviction has been sought or a situation where first offender treatment
without adjudication of guilt pursuant to the charge was granted.
(e) Standard 4: Teacher/Student
Relationship An educator should always maintain a professional relationship
with all students, both in and outside the classroom.
1. Ethical conduct includes, but is not
limited to, the following:
(i) Fulfilling the
roles of trusted confidante, mentor, and advocate for students'
growth.
(ii) Nurturing the
intellectual, physical, emotional, social, and civic potential of all
students.
(iii) Providing an
environment that does not needlessly expose students to unnecessary
embarrassment or disparagement.
(iv) Creating, supporting, and maintaining a
challenging learning environment for all students.
2. Unethical conduct includes, but is not
limited to, the following:
(i) Committing any
act of child abuse, including physical or verbal abuse.
(ii) Committing any act of cruelty to
children or any act of child endangerment.
(iii) Committing or soliciting any unlawful
sexual act.
(iv) Engaging in
harassing behavior on the basis of race, gender, national origin, religion, or
disability.
(v) Soliciting,
encouraging, or consummating an inappropriate written, verbal, or physical
relationship with a student.
(vi)
Furnishing tobacco, alcohol, or illegal/unauthorized drugs to any student or
allowing a student to consume alcohol or illegal/unauthorized drugs.
(f) Standard 5:
Alcohol, Drug and Tobacco Use or Possession An educator should refrain from the
use of alcohol and/or tobacco during the course of professional practice and
should never use illegal or unauthorized drugs.
1. Ethical conduct includes, but is not
limited to, the following:
(i) Factually
representing the dangers of alcohol, tobacco and illegal drug use and abuse to
students during the course of professional practice.
(ii) Unethical conduct includes, but is not
limited to, the following:
(i) Being under
the influence of, possessing, using, or consuming illegal or unauthorized
drugs.
(ii) Being on school
premises or at a school-related activity involving students while documented as
being under the influence of, possessing, or consuming alcoholic beverages or
using tobacco. A school-related activity includes, but is not limited to, any
activity that is sponsored by a school or a school system or any activity
designed to enhance the school curriculum such as club trips, etc., where
students are involved.
(g) Standard 6: Public Funds and Property An
educator entrusted with public funds and property should honor that trust with
a high level of honesty, accuracy, and responsibility.
1. Ethical conduct includes, but is not
limited to, the following:
(i) Maximizing the
positive effect of school funds through judicious use of said funds.
(ii) Modeling for students and colleagues the
responsible use of public property.
2. Unethical conduct includes, but is not
limited to, the following:
(i) Misusing
public or school-related funds.
(ii) Failing to account for funds collected
from students or parents.
(iii)
Submitting fraudulent requests for reimbursement of expenses or for
pay.
(iv) Co-mingling public or
school-related funds with personal funds or checking accounts.
(v) Using school property without the
approval of the local board of education/governing body.
(h) Standard 7: Remunerative
Conduct An educator should maintain integrity with students, colleagues,
parents, patrons, or businesses when accepting gifts, gratuities, favors, and
additional compensation.
1. Ethical conduct
includes, but is not limited to, the following:
(i) Insuring that institutional privileges
are not used for personal gain.
(ii) Insuring that school policies or
procedures are not impacted by gifts or gratuities from any person or
organization.
2.
Unethical conduct includes, but is not limited to, the following:
(i) Soliciting students or parents of
students to purchase equipment, supplies, or services from the educator or to
participate in activities that financially benefit the educator unless approved
by the local governing body.
(ii)
Accepting gifts from vendors or potential vendors for personal use or gain
where there appears to be a conflict of interest.
(iii) Tutoring students assigned to the
educator for remuneration unless approved by the local board of
education.
(i) Standard 8: Maintenance of
Confidentiality An educator should comply with state and federal laws and local
school board policies relating to confidentiality of student and personnel
records, standardized test material, and other information covered by
confidentiality agreements.
1. Ethical
conduct includes, but is not limited to, the following:
(i) Keeping in confidence information about
students that has been obtained in the course of professional service unless
disclosure serves professional purposes or is required by law.
(ii) Maintaining diligently the security of
standardized test supplies and resources.
2. Unethical conduct includes, but is not
limited to, the following:
(i) Sharing
confidential information concerning student academic and disciplinary records,
health and medical information, family status/income, and assessment/testing
results unless disclosure is required or permitted by law.
(ii) Violating confidentiality agreements
related to standardized testing including copying or teaching identified test
items, publishing or distributing test items or answers, discussing test items,
and violating local school system or state directions for the use of tests or
test items.
(iii) Violating other
confidentiality agreements required by state or local policy.
(j) Standard 9:
Abandonment of Contract An educator should fulfill all of the terms and
obligations detailed in the contract with the local board of education or
educational agency for the duration of the contract.
1. Unethical conduct includes, but is not
limited to, the following:
(i) Abandoning the
contract for professional services without prior release from the contract by
the employer;
(ii) Refusing to
perform services required by the contract.
(k) Reporting
1. Educators are required to report a breach
of one or more of the Standards in the Alabama Educator Code of Ethics as soon
as possible, but no later than sixty(60) days from the date the educator became
aware of the alleged breach, unless the law or local procedures require
reporting sooner. Educators should be aware of their local school board
policies and procedures and/or chain of command for reporting unethical
conduct. Complaints filed with the local or state school boards, or with the
State Department of Education Teacher Certification Section, must be filed in
writing and must include the original signature of the complainant.
2. As prescribed in the Code of Ala. 1975
each Superintendent shall submit to the 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.
(l) Disciplinary Action Disciplinary action
shall be defined as the issuance of a reprimand or warning, or the suspension,
revocation, or denial of certificates. "Certificate" refers to any teaching,
service, or leadership certificate issued by the authority of the Alabama State
Department of Education.
1. Authority of the
State Superintendent of Education as prescribed in the Code of Ala. 1975
(i) The Superintendent shall have the
authority under existing legal standards to:
(I) Revoke any certificate held by a person
who has been proven guilty of immoral conduct or unbecoming or indecent
behavior in Alabama or any other state or nation in accordance with Ala. Code
§
16-23-5 (1975).
(II) Refuse to issue a
certificate to an applicant whose certificate has been subject to adverse
action by another state until after the adverse action has been resolved by
that state.
(III) Suspend or revoke
an individual's certificate issued by the Superintendent when a certificate or
license issued by another state is subject to adverse action.
(IV) Refuse to issue, suspend, or recall a
certificate for just cause.
2. Any of the following grounds shall also be
considered cause for disciplinary action:
I.
Unethical conduct as outlined in the Alabama Educator Code of Ethics, Standards
1-9.
II. Order from a court of
competent jurisdiction.
III.
Violation of any other laws or rules applicable to the profession.
IV. Any other good and sufficient
cause.
3. An individual
whose certificate has been revoked, denied, or suspended may not be employed as
an educator, paraprofessional, aide, or substitute teacher during the period of
his or her revocation, suspension, or denial.
The entire Chapter 290-040-010, Education Accountability, has been renumbered Chapter 290-4-1, Education Accountability, as specified on the certification filed July 18, 1996.
Author: Ed Richardson
Statutory Authority: Ala. Const. amend. 284, Code of Ala. 1975, §§ 16-4-8, 16-6B-3, 16-6B-4, 16-6B-6.
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.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
