118460-1:n:02/22/2010:KMS/mfp LRS2010-1138
| SYNOPSIS: | Under existing law, the State Superintendent of Education is authorized to revoke the certificate of any education certificate holder found guilty of immoral conduct or unbecoming or indecent behavior. |
| This bill would require the State Superintendent of Education to promptly notify the holder of any certificate of the initiation of an investigation regarding alleged misconduct and would prohibit any action against a certificate holder until the exhaustion of all due process protections. |
Relating to public K-12 education; to amend Section 16-23-5, Code of Alabama 1975, to require the State Superintendent of Education to promptly notify the holder of any certificate of the initiation of an investigation regarding alleged misconduct and would prohibit any action against a certificate holder until the exhaustion of all due process protections.
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 revoke any certificate issued under the provisions of this chapter when the holder has been guilty of immoral conduct or unbecoming or indecent behavior.
"(b) If the superintendent receives a written complaint alleging that a certificate holder has engaged in immoral conduct or unbecoming or indecent behavior pursuant to subsection (a), and determines that an investigation is warranted, the superintendent, not more than 10 days after the initiation of the investigation, shall notify and provide a copy of the written complaint to the certificate holder.
"(c) The superintendent may not place the name of a certificate holder on any registry indicating certification action, take any action impairing the ability of a certificate holder to obtain employment, or take any other action impairing a certificate issued under this chapter until the certificate holder has exhausted all due process rights, including any appeals."
Section 2. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.