Relating to public education, to amend Section 16-23-5, Code of Alabama 1975, relating to the revocation of teaching certificates; to require the State Superintendent of Education to revoke the teaching or other educational certificate of any person convicted of a Class A felony or sex offense involving a child; and to add Sections 16-24-8.1, 16-24B-3.1, and 36-26-102.1 to the Code of Alabama 1975, relating to the Teacher Tenure Law, the Teacher Accountability Act, and the Fair Dismissal Act, to provide for the immediate cancellation of the employment contract of a teacher on continuing service status, a principal, or a contract principal and the immediate termination of employment of a nonprobationary employee who is convicted of a felony or sex offense involving a child.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 16-23-5 of the Code of Alabama 1975, is amended to read as follows:§16-23-5.
"(a) The State Superintendent of Education shall have authority to may revoke any certificate issued under the provisions of this chapter when the holder has been guilty of immoral conduct or unbecoming or indecent behavior. Under Any provision of law to the contrary notwithstanding, under the circumstances listed in subsection (b), the holder shall be immediately disenfranchised from certification and any other rights pursuant to Section 16-24-9.
"(b) The State Superintendent of Education shall immediately revoke any certificate issued under this chapter when the holder is convicted of capital murder or any Class A felony, including, but not limited to, rape, murder, kidnapping, or robbery, or any of the following:
"(1) Rape in the first or second degree, pursuant to Section 13A-6-61 or 13A-6-62.
"(2) Sodomy in the first or second degree, pursuant to Section 13A-6-63 or 13A-6-64.
"(3) Sexual torture, pursuant to Section 13A-6-65.1.
"(4) Sexual abuse in the first or second degree, pursuant to Section 13A-6-66 or 13A-6-67.
"(5) Enticing a child to enter a vehicle, room, house, office, or other place for immoral purposes, pursuant to Section 13A-6-69.
"(6) Promoting prostitution in the first or second degree, pursuant to Section 13A-12-111 or 13A-12-112.
"(7) Violation of the Alabama Child Pornography Act pursuant to Section 13A-12-191, 13A-12-192, 13A-12-196, or 13A-12-197.
"(8) Kidnapping a minor, except by a parent, in the first or second degree, pursuant to Section 13A-6-43 or 13A-6-44.
"(9) Incest, pursuant to Section 13A-13-3, when the offender is an adult and the victim is a minor.
"(10) Transmitting obscene material to a child by computer, pursuant to Section 13A-6-111.
"(11) Facilitating solicitation of unlawful sexual conduct with a child, pursuant to Section 13A-6-121.
"(12) Electronic solicitation of a child or facilitating the online solicitation of a child, pursuant to Section 13A-6-122 or 13A-6-123.
"(13) Traveling to meet a child for an unlawful sex act or facilitating the travel of a child for an unlawful sex act, pursuant to Section 13A-6-124 or 13A-6-125.
"(14) Any solicitation, attempt, or conspiracy to commit any of the offenses listed in subdivisions (1) to (13), inclusive.
"(15) Any crime committed in any state or a federal, military, or foreign jurisdiction which, if committed in this state under the law existing at the time of the offense, would constitute an offense listed in subdivisions (1) to (13), inclusive.
"(16) Any criminal sex offense in which the victim is a child under the age of 12 or any offense involving child pornography.
"(17) Any crime committed in any jurisdiction which, regardless of the specific description or statutory elements, may be characterized or known as rape, sodomy, sexual assault, sexual battery, sexual abuse, sexual torture, solicitation of a child, enticing or luring a child, child pornography, lewd and lascivious conduct, taking indecent liberties with a child, or molestation of a child.
"(18) Any crime not listed in this subsection involving endangerment to the health, safety, or welfare of a child that may be created on or after the effective date of the act adding this subdivision."
Section 2. Sections 16-24-8.1, 16-24B-3.1, and 36-26-102.1 are added to the Code of Alabama 1975, as follows:
§16-24-8.1.
(a) Notwithstanding any other provision of this chapter, the employment contract of a teacher on continuing service status, whose teaching certificate is revoked by the State Superintendent of Education pursuant to subsection (b) of Section 16-23-5, shall be immediately cancelled, any provision of Sections 16-24-8, 16-24-9, and 16-24-10, to the contrary notwithstanding.
(b) If the conviction resulting in the revocation of the teaching certificate pursuant to subsection (b) of Section 16-23-5 is overturned on appeal, the State Superintendent of Education, upon receipt of notice of the reversal shall immediately reinstate the teaching certificate of the teacher, and the local board of education, at its discretion, shall place the teacher in a position commensurate with the employee's licensure from the State Department of Education or on paid administrative leave. Regardless of whether the teaching certificate of the teacher is reinstated or a new employment contract is entered into, the teacher, within 45 days, shall be reimbursed for any back pay, plus benefits, from the date of cancellation, up to and including the date his or her conviction is overturned.
(c) Nothing in this section shall be construed to preclude the State Superintendent of Education or the local board of education from pursuing other legal action against the teacher based upon the underlying circumstances of the conviction.
§16-24B-3.1
(a) Notwithstanding any other provision of this chapter, the employment contract of a principal or contract principal, whose certificate is revoked by the State Superintendent of Education pursuant to subsection (b) of Section 16-23-5, shall be immediately cancelled, any provision of Section 16-24B-3 to the contrary notwithstanding.
(b) If the conviction resulting in the revocation of the certificate pursuant to subsection (b) of Section 16-23-5 is overturned on appeal, the State Superintendent of Education, upon receipt of notice of the reversal shall immediately reinstate the certificate of the principal or contract principal, and the local board of education, at its discretion, shall place the principal or contract principal in a position commensurate with the employee's licensure from the State Department of Education or on paid administrative leave. The principal Regardless of whether the certificate of the principal or contract principal is reinstated or a new employment contract is entered into, the principal or contract principal, within 45 days, shall be reimbursed for any back pay, plus benefits, from the date of cancellation, up to and including the date his or her conviction is overturned.
(c) Nothing in this section shall be construed to preclude the State Superintendent of Education or the local board of education from pursuing other legal action against the principal or contract principal based upon the underlying circumstances of the conviction.
§36-26-102.1.
(a) Notwithstanding any other provision of this article, the employment of an employee on nonprobationary status, who is convicted of any crime listed in subsection (b) of Section 16-23-5, shall be immediately terminated, any provision of Sections 36-26-102, 36-26-103, and 36-26-104 to the contrary notwithstanding.
(b) If the conviction resulting in the termination of employment is overturned on appeal, upon receipt of notice of the reversal, the local board of education, upon the recommendation of the local superintendent of education, shall immediately reinstate the employee to a position comparable to the employee's most recent job assignment or on paid administrative leave. Regardless of whether the employee is reinstated, the employee, within 45 days, shall be reimbursed for any back pay, plus benefits, from the date of termination, up to and including the date his or her conviction is overturned.
(c) Nothing in this section shall be construed to preclude the local superintendent of education or local board of education from pursuing other legal action against the employee based upon the underlying circumstances of the conviction.
Section 3. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.